justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.655. (e) The participation in drug selection and drug utilization reviews; (f) The proper and safe storage of drugs and devices and the maintenance of proper records regarding the safe storage of drugs and devices; (g) The responsibility for advising, where necessary or where regulated, of therapeutic values, content, hazards and use of drugs and devices; (h) The monitoring of therapeutic response or adverse effect to drug therapy; (i) The optimizing of drug therapy through the practice of clinical pharmacy; (j) Patient care services, including medication therapy management and comprehensive medication review; (k) The offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of pharmacy; (L) The prescribing and administering of injectable hormonal contraceptives and the prescribing and dispensing of self-administered hormonal contraceptives pursuant to ORS 689.689; (m) The prescribing and dispensing of emergency refills of insulin and associated insulin-related devices and supplies pursuant to ORS 689.696; (n) The prescribing, dispensing and administering of preexposure prophylactic antiretroviral therapies and post-exposure prophylactic antiretroviral therapies, pursuant to ORS 689.704 and rules adopted by the board under ORS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.661. Power to perform tests and examinations related to federally cleared analytes. (1) A pharmacy may perform the tests and examinations described in subsection (2) of this section if the pharmacy obtains a waiver from the United States Department of Health and Human Services pursuant to 42 C.F.R. 493.35 and complies with the requirements of 42 C.F.R. 493.35, 493.37 and 493.39. (2) Tests and examinations authorized under this section include any test or examination related to an analyte that the United States Food and Drug Administration has cleared under 42 C.F.R. 493.15.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.689. Prescription and administration or dispensation of certain contraceptives; rules; insurance coverage. (1) In accordance with rules adopted by the State Board of Pharmacy under ORS 689.205, a pharmacist may prescribe and administer injectable hormonal contraceptives and prescribe and dispense self-administered hormonal contraceptives. (2)(a) The board shall adopt rules to establish, in consultation with the Oregon Medical Board, the Oregon State Board of Nursing and the Oregon Health Authority, and in consideration of guidelines established by the American College of Obstetricians and Gynecologists or its successor organization, standard procedures for the prescribing of injectable hormonal contraceptives and self-administered hormonal contraceptives by pharmacists. (b) The rules adopted under this subsection must require a pharmacist to: (A) Complete a training program approved by the State Board of Pharmacy that is related to prescribing injectable hormonal contraceptives and self-administered hormonal contraceptives; (B) Provide a self-screening risk assessment tool that the patient must use prior to the pharmacists prescribing the injectable hormonal contraceptive or self-administered hormonal contraceptive; (C) Refer the patient to the patients primary care practitioner or womens health care practitioner upon prescribing and administering the injectable hormonal contraceptive or prescribing and dispensing the self-administered hormonal contraceptive; (D) Provide the patient with a written record of the injectable hormonal contraceptive prescribed and administered or the self-administered hormonal contraceptive prescribed and dispensed and advise the patient to consult with a primary care practitioner or womens health care practitioner; and (E) Administer the injectable hormonal contraceptive or dispense the self-administered hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription. (c) The rules adopted under this subsection must prohibit a pharmacist from: (A) Requiring a patient to schedule an appointment with the pharmacist for the prescribing or administering of an injectable hormonal contraceptive or the prescribing or dispensing of a self-administered hormonal contraceptive; and (B) Prescribing and administering an injectable hormonal contraceptive or prescribing and dispensing a self-administered hormonal contraceptive to a patient who does not have evidence of a clinical visit for womens health within the three years immediately following the initial prescription and administration of an injectable hormonal contraceptive or the initial prescription and dispensation of a self-administered hormonal contraceptive by a pharmacist to the patient. (3) All state and federal laws governing insurance coverage of contraceptive drugs, devices, products and services apply to injectable hormonal contraceptives and self-administered hormonal contraceptives prescribed by a pharmacist under this section. [Formerly 689.683; 2019 c.13 65,66]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.692. Dispensation of prescription drug containing cannabinoids; rules. (1) A pharmacist may dispense to a patient, pursuant to a prescription from a practitioner, a prescription drug that is approved by the United States Food and Drug Administration and that contains one or more cannabinoids. (2) The State Board of Pharmacy may adopt rules to carry out this section.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.696. Prescription and dispensation of emergency refills of insulin; limitations; requirements; rules. (1) As used in this section: (a) Insulin includes various types of insulin analogs and insulin-like medications, regardless of activation period or whether the solution is mixed before or after dispensation. (b) Insulin-related devices and supplies: (A) Includes needles, syringes, cartridge systems, prefilled pen systems, glucose meters and test strips. (B) Does not include insulin pump devices. (2)(a) A pharmacist may prescribe and dispense emergency refills of insulin and associated insulin-related devices and supplies to a person who has evidence of a previous prescription from a licensed health care provider. (b) The insulin prescribed and dispensed under this section must be the lesser of a 30-day supply or the smallest available package. (c) A person may be prescribed and receive not more than three emergency refills of insulin and associated insulin-related devices and supplies in a calendar year. (3) A pharmacist who prescribes and dispenses emergency refills of insulin and associated insulin-related devices and supplies under this section shall: (a) Complete a patient assessment to determine whether the prescription of emergency refills of insulin and associated insulin-related devices and supplies is appropriate; (b) Document the patient visit and include notations regarding evidence of the patients previous prescription from the patients licensed health care provider, information relating to the patients diabetes management and other relevant information; and (c) Make a reasonable attempt to inform the persons primary care provider, and the licensed health care provider who made the previous prescription, of the pharmacists prescription for emergency refills of insulin and associated insulin-related devices and supplies. (4) The State Board of Pharmacy shall adopt rules to carry out this section.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.700. Telepharmacy; requirements; rules. (1) As used in this section, telepharmacy means the delivery of pharmacy services by a pharmacist, through the use of a variety of electronic and telecommunications technologies, to a patient at a remote location staffed by a pharmacy technician. (2) The pharmacy services for which a pharmacist may use telepharmacy include the supervision of the dispensation of prescription drugs to a patient. (3) The remote location at which a patient receives pharmacy services through the use of telepharmacy must be affiliated with the pharmacy where the pharmacist providing the pharmacy services through telepharmacy regularly engages in the practice of pharmacy. (4)(a) The State Board of Pharmacy shall adopt rules to carry out this section. The rules adopted under this section must include rules: (A) Regarding remote supervision of a pharmacy technician in order to facilitate the use of telepharmacy; and (B) Describing the pharmacy services that a pharmacist may provide through telepharmacy. (b) In adopting rules under this section, the board may not establish standards for telepharmacy that are more restrictive than standards for the delivery of in-person pharmacy services, including standards regarding prescription and dispensation of drugs. This paragraph may not be construed to limit the authority of the board to adopt rules to require compliance with any applicable federal law.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.702. Access to pharmacy electronic database; rules. (1) A pharmacist, pharmacy technician or intern, or an individual similarly licensed or otherwise authorized by another state, who is contracted or employed by a pharmacy may access the pharmacys electronic database regardless of whether the pharmacist, pharmacy technician or intern or other individual described in this subsection is physically located inside the pharmacy if: (a) The pharmacy has established standards and controls to protect the confidentiality and integrity of any patient information contained in the electronic database when the electronic database is accessed from inside the pharmacy or remotely; and (b) No information from the electronic database is duplicated, downloaded or removed from the electronic database when the electronic database is accessed remotely. (2) The State Board of Pharmacy may adopt rules to carry out this section. In adopting rules under this subsection, the board may not establish standards for the remote access of a pharmacys electronic database that are more restrictive than standards for accessing the electronic database from inside the pharmacy. This subsection may not be construed to limit the authority of the board to adopt rules to require compliance with any applicable federal law.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.703. Final verification; delegation; rules. (1) As used in this section, final verification means, after prescription information is entered into a pharmacys electronic system and reviewed by a pharmacist for accuracy, a physical verification that the drug and drug dosage, device or product selected from a pharmacys inventory pursuant to the electronic system entry is the prescribed drug and drug dosage, device or product. (2) A pharmacist may delegate, and a pharmacy technician may perform under the supervision of the pharmacist, final verification. In delegating final verification under this section, a pharmacist shall use the pharmacists reasonable professional judgment and shall ensure that the final verification does not require the exercise of discretion by the pharmacy technician. (3) The State Board of Pharmacy may adopt rules to carry out this section. In adopting rules under this section, the board may not impose standards or requirements stricter than those specified in this section.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.704. Preexposure and post-exposure antiretroviral therapies; HIV tests; rules. (1) As used in this section: (a) HIV test has the meaning given that term in ORS 433.045. (b) Post-exposure prophylactic antiretroviral therapy means a drug or other therapy intended to reduce the likelihood of the acquisition of human immunodeficiency virus following a possible exposure to human immunodeficiency virus. (c) Preexposure prophylactic antiretroviral therapy means a drug or other therapy intended to prevent the acquisition of human immunodeficiency virus. (2) A pharmacist may prescribe, dispense and administer: (a) Preexposure prophylactic antiretroviral therapies; and (b) In accordance with any rules adopted by the State Board of Pharmacy under ORS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.765. [1979 c.777 39; 1985 c.131 6; 1987 c.108 8; 1987 c.736 2; 1993 c.571 19; 2003 c.103 3; 2005 c.462 9; 2008 c.4 4; 2009 c.326 6; renumbered 689.527 in 2009] CHARITABLE PRESCRIPTION DRUG PROGRAM
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.770. Definitions for ORS 689.770 to 689.780. As used in ORS 689.770 to 689.780, the Charitable Prescription Drug Program means a drug outlet that has: (1) A valid certificate of registration issued by the State Board of Pharmacy; (2) Volunteered to participate in the Charitable Prescription Drug Program; and (3) Been approved by the board to accept and distribute to needy individuals donated prescription drugs through the program.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.772. Establishment of program; immunity from liability; rules; fee. (1) There is created in the State Board of Pharmacy the Charitable Prescription Drug Program. The purpose of the program is to distribute donated prescription drugs to needy or uninsured individuals. Participation in the program is voluntary. (2) The program may accept and distribute within this state: (a) Prescription drugs received as donations in original, sealed, tamper-evident packaging that displays the lot number and expiration date of the drug; (b) Sealed single unit dose packages received in opened packages containing multiple single unit doses; and (c) Prescription drugs received as donations and repackaged by another charitable prescription drug program. (3)(a) Except as provided in paragraph (b) of this subsection, the Charitable Prescription Drug Program may not distribute donated prescription drugs that: (A) Fail to meet the requirements of this section; (B) Bear an expiration date that is less than nine months from the date the drugs are donated; (C) Are adulterated or misbranded; or (D) Belong to a category of controlled substances that may not be distributed under the program as adopted by the board by rule pursuant to ORS 689.774. (b) The board may waive a requirement of this subsection if the board determines that the waiver is in the interest of public health and safety. A waiver under this subsection must be issued in writing in accordance with rules adopted by the board. (4) The program shall: (a) Require a donor of a prescription drug to complete and sign a donor form, adopted by rule by the board, releasing the prescription drug to the program for distribution under the program and certifying that the donated prescription drug has been properly stored and has never been opened, used, adulterated or misbranded; (b) Require that the pharmacist will use professional judgment, based on a visual inspection, to verify compliance with this section and rules adopted by the board under ORS 689.774; (c) Properly dispose of all prescription drugs received as donations that do not meet the requirements of this section and rules adopted by the board under ORS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.774. (d) Maintain separate confidential files for individuals receiving donated prescription drugs through the program; (e) Eliminate personal information from the labels of donated prescription drugs; (f) Maintain a separate inventory of donated prescription drugs received by the program and transferred to another charitable prescription drug program; (g) Store donated prescription drugs in a secure location to be used exclusively for the program; (h) Report to the board on the activities of the program in the form and manner required by the board; and (i) Require a recipient of a donated prescription drug to sign a form, as adopted by the board by rule, attesting that the recipient has been notified by the program that: (A) The prescription drug distributed to the recipient was donated to the program; (B) A visual inspection was conducted by a pharmacist to ensure that the donated prescription drug has not expired, been adulterated or misbranded, and is in its original, sealed packaging or has been repackaged by another charitable prescription drug program; (C) A pharmacist has determined that the donated prescription drug is safe to distribute based on the accuracy of the donors form and the visual inspection by the pharmacist; and (D) Participants in the program are immune from liability as provided in ORS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.776. Inspection; audit. The State Board of Pharmacy shall ensure compliance with ORS 689.770 to 689.780 by: (1) Inspecting the Charitable Prescription Drug Program on a regular basis; and (2) Auditing records required to be maintained by a pharmacy in connection with the program.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.778. Eligibility. An individual is eligible to obtain donated prescription drugs through the Charitable Prescription Drug Program created in ORS 689.772 if the individual: (1) Is a resident of this state; and (2)(a) Does not have health insurance coverage for the prescription drug requested; (b) Is enrolled in a program of public assistance, as defined in ORS 411.010, or medical assistance, as defined in ORS 414.025; or (c) Meets other requirements adopted by rule by the State Board of Pharmacy that identify needy individuals with barriers to accessing prescription drugs.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.780. (5) The program may not charge a fee for accepting a donation but may charge a fee established by the board by rule for distributing a donated prescription drug. (6) The program may not sell any prescription drugs received as a donation through the program. (7) The program may distribute donated prescription drugs that it received from another charitable prescription drug program only to an individual with a new prescription for prescription drugs who meets the requirements of ORS 689.778. (8) The program may refuse to accept from a donor a prescription drug that, upon visual inspection, appears not to qualify for distribution under this section or rules adopted by the board under ORS 689.774. (9) The program may distribute donated prescription drugs to: (a) Another charitable prescription drug program, subject to subsection (7) of this section; or (b) An individual with a new prescription for prescription drugs who meets the requirements of ORS 689.778.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.800. Opioid overdose; treatment; administration of short-acting opioid antagonist; liability; rules. (1) As used in this section: (a) Kit means a package of one or more doses of a short-acting opioid antagonist and the necessary medical supplies to administer the short-acting opioid antagonist. (b) Opioid means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the body and brain to reduce the intensity of pain signals and feelings of pain. (c) Opioid overdose means a medical condition that causes depressed consciousness, depressed respiratory function or the impairment of vital bodily functions as a result of ingesting opioids. (d) Short-acting opioid antagonist means any short-acting drug approved by the United States Food and Drug Administration for the complete or partial reversal of an opioid overdose. (2) Notwithstanding any other provision of law, a pharmacy, a health care professional, a pharmacist with prescription and dispensing privileges, a law enforcement officer, a firefighter, an emergency medical services provider or any other person designated by the State Board of Pharmacy by rule may: (a) Distribute and administer a short-acting opioid antagonist and distribute the necessary medical supplies to administer the short-acting opioid antagonist; (b) Distribute multiple kits to: (A) An individual who has experienced an opioid overdose or is likely to experience an opioid overdose; (B) Family members of an individual described in subparagraph (A) of this paragraph; and (C) Any other individual who requests one or more kits; and (c) Distribute multiple kits to social service agencies under ORS 689.804 or to other persons who work with individuals who have experienced an opioid overdose. The social services agencies or other persons may redistribute the kits to individuals likely to experience an opioid overdose or to family members of the individuals. (3)(a) A person acting in good faith, if the act does not constitute wanton misconduct, is immune from criminal and civil liability for any act or omission of an act committed during the course of distributing and administering a short-acting opioid antagonist and distributing the necessary medical supplies to administer the short-acting opioid antagonist under this section. (b) A person acting in good faith is immune from criminal and civil liability for the persons failure or refusal to distribute or administer a short-acting opioid antagonist or distribute the necessary medical supplies to administer a short-acting opioid antagonist under this section, if the persons failure or refusal does not constitute wanton misconduct. [Formerly 689.681]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.802. Prescription of short-acting opioid antagonist. (1) As used in this section: (a) Opioid means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the body and brain to reduce the intensity of pain signals and feelings of pain. (b) Opioid overdose means a medical condition that causes depressed consciousness, depressed respiratory function or the impairment of vital bodily functions as a result of ingesting opioids. (c) Short-acting opioid antagonist means any short-acting drug approved by the United States Food and Drug Administration for the complete or partial reversal of an opioid overdose. (2) In accordance with rules adopted by the State Board of Pharmacy under ORS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.804. Administration of short-acting opioid antagonist by certain persons; rules. (1) For purposes of this section, social services agency includes, but is not limited to, homeless shelters and crisis centers. (2) A person may administer to an individual a short-acting opioid antagonist, as defined in ORS 689.800, that was not distributed to the person if: (a) The individual to whom the short-acting opioid antagonist is being administered appears to be experiencing an opioid overdose as defined in ORS 689.800; and (b) The person who administers the short-acting opioid antagonist is an employee of a social services agency or is trained under rules adopted by the State Board of Education pursuant to ORS 339.869. (3) For the purposes of protecting public health and safety, the Oregon Health Authority may adopt rules for the administration of short-acting opioid antagonists by employees of a social services agency under this section. [Formerly
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.806. Notice of availability of short-acting opioid antagonist; rules. (1) A retail or hospital outpatient pharmacy shall provide written notice in a conspicuous manner that a short-acting opioid antagonist, as defined in ORS 689.800, and the necessary medical supplies to administer the short-acting opioid antagonist are available at the pharmacy. (2) The State Board of Pharmacy may adopt rules to carry out this section. [Formerly