2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.855 - Establishment of program; rules; report to commission.

(1)(a) The Oregon Health Authority, in consultation with the Prescription Monitoring Program Advisory Commission, shall establish and maintain a prescription monitoring program for monitoring and reporting:
(A) Prescription drugs dispensed by pharmacies licensed by the State Board of Pharmacy that are classified in schedules II through IV under the federal Controlled Substances Act, 21 U.S.C. 811 and 812, as modified by the board by rule under ORS 475.035;
(B) Prescribed gabapentin and short-acting opioid antagonists, as defined in ORS 689.800, dispensed by pharmacies; and
(C) Other drugs identified by rules adopted by the authority.
(b)(A) To fulfill the requirements of this subsection, the authority shall establish, maintain and operate an electronic system to monitor and report drugs described in paragraph (a) of this subsection that are dispensed by prescription.
(B) The electronic system must:
(i) Operate and be accessible by practitioners and pharmacies 24 hours a day, seven days a week; and
(ii) Allow practitioners to register as required under ORS 431A.877 and to apply for access to the electronic system in accordance with rules adopted by the authority under subsection (2) of this section.
(C) The authority may contract with a state agency or private entity to ensure the effective operation of the electronic system.
(2) In consultation with the commission, the authority shall adopt rules for the operation of the electronic prescription monitoring program established under subsection (1) of this section, including standards for:
(a) Reporting data;
(b) Providing maintenance, security and disclosure of data;
(c) Ensuring accuracy and completeness of data;
(d) Complying with the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and regulations adopted under that law, including 45 C.F.R. parts 160 and 164, federal alcohol and drug treatment confidentiality laws and regulations adopted under those laws, including 42 C.F.R. part 2, and state health and mental health confidentiality laws, including ORS 179.505, 192.517 and 192.553 to 192.581;
(e) Ensuring accurate identification of persons or entities requesting information from the database;
(f) Accepting printed or nonelectronic reports from pharmacies that do not have the capability to provide electronic reports;
(g) Notifying a patient, before or when a drug classified in schedules II through IV is dispensed to the patient, about the prescription monitoring program and the entry of the prescription in the electronic system; and
(h) Registering practitioners with the electronic system.
(3) The authority shall submit an annual report to the commission regarding the prescription monitoring program established under this section. [Formerly 431.962; 2017 c.683 §12; 2018 c.45 §8; 2019 c.470 §5; 2019 c.583 §16; 2023 c.593 §25]
Note:
The amendments to 431A.855 by section 4a, chapter 438, Oregon Laws 2023, become operative January 1, 2025, and apply to drugs dispensed on or after January 1, 2025. See section 9, chapter 438, Oregon Laws 2023, as amended by section 9a, chapter 438, Oregon Laws 2023, and see section 10, chapter 438, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.
(1)(a) The Oregon Health Authority, in consultation with the Prescription Monitoring Program Advisory Commission, shall establish and maintain a prescription monitoring program for monitoring and reporting:
(A) Except as provided in subsection (4) of this section, prescription drugs dispensed by pharmacies licensed by the State Board of Pharmacy that are classified in schedules II through V under the federal Controlled Substances Act, 21 U.S.C. 811 and 812, as modified by the board by rule under ORS 475.035;
(B) Prescribed gabapentin dispensed by pharmacies; and
(C) Other drugs identified by rules adopted by the authority.
(b)(A) To fulfill the requirements of this subsection, the authority shall establish, maintain and operate an electronic system to monitor and report drugs described in paragraph (a) of this subsection that are dispensed by prescription.
(B) The electronic system must:
(i) Operate and be accessible by practitioners and pharmacies 24 hours a day, seven days a week; and
(ii) Allow practitioners to register as required under ORS 431A.877 and to apply for access to the electronic system in accordance with rules adopted by the authority under subsection (2) of this section.
(C) To ensure the interoperability of data contained in the electronic system, the authority shall contract with an information technology services vendor to provide secure connections between the electronic system and prescribers and between the electronic system and pharmacies. The approved entity, as described by the authority by rule, is responsible for ensuring that only practitioners registered under ORS 431A.877 and pharmacies may access the electronic system.
(D) The authority shall contract with a state agency or private entity to ensure the effective operation of the electronic system, including the operation of any technology integrations between the electronic system and a health information technology system used by a practitioner.
(2) In consultation with the commission, the authority shall adopt rules for the operation of the electronic prescription monitoring program established under subsection (1) of this section, including standards for:
(a) Reporting data;
(b) Providing maintenance, security and disclosure of data;
(c) Ensuring accuracy and completeness of data;
(d) Complying with the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and regulations adopted under that law, including 45 C.F.R. parts 160 and 164, federal alcohol and drug treatment confidentiality laws and regulations adopted under those laws, including 42 C.F.R. part 2, and state health and mental health confidentiality laws, including ORS 179.505, 192.517 and 192.553 to 192.581;
(e) Ensuring accurate identification of persons or entities requesting information from the database;
(f) Accepting printed or nonelectronic reports from pharmacies that do not have the capability to provide electronic reports;
(g) Notifying a patient, before or when a drug classified in schedules II through V is dispensed to the patient, about the prescription monitoring program and the entry of the prescription in the electronic system; and
(h) Registering practitioners with the electronic system.
(3) The authority shall submit an annual report to the commission regarding the prescription monitoring program established under this section.
(4) The prescription and dispensing of a short-acting opioid antagonist, as defined in ORS 689.800, or a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine is not subject to the prescription monitoring program established under this section.