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Rule Changes

2014 RULE CHANGES

 

December 2014
On Wednesday December 3, 2014 the Board amended, repealed or adopted rules in Division 001 Model Rules of Procedure, Division 019 Licensing of Pharmacists, Division 025 Certified Oregon Pharmacy Technicians and Pharmacy Technicians, and Division 080 Controlled Substances. Division 001 rule amendments reflect the most current version of the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act. Division 019 rule amendments make the Pharmacist license valid for two years and renewable on a biennial basis. The Pharmacists license will expire on June 30 in odd numbered years. Other rule amendments require Pharmacists to provide a valid e-mail address and notify the Board in writing if they have had a change in their e-mail address. Rules for the petition for reinstatement of Pharmacist licenses have been repealed and a new section of rules are permanently adopted for the reinstatement of a revoked or surrendered license. Division 025 rule amendments require a Certified Oregon Pharmacy Technician or Pharmacy Technician to be at least 18 years of age and hold either a high school diploma or GED. The age requirement does not apply to persons currently under the age of 18 licensed by the Board as a Pharmacy Technician prior to January 1, 2015. Other amendments include making the Pharmacy Technician license valid for only one year except by petition to the Board or it may be reinstated if lapsed for more than five years. Certified Oregon Pharmacy Technicians are required to hold a national certification for initial licensure. However, effective January 1, 2015 it is no longer a requirement for renewals going forward. Certified Oregon Pharmacy Technicians are required to complete 10 continuing pharmacy education hours from September 1 through August 31 of each renewal cycle. Reinstatement rules have been permanently amended to provide applications with a process more aligned with Pharmacist reinstatement requirements. Division 080 rules are amended to add delta-9-tetrahydrocannabinol (THC) to Schedule II substances for clarification. The rules are effective January 1, 2015.
 
  • Div 001 - Model Rules of Procedure
  • Div 019 - Licensing of Pharmacists
  • Div 025 - Certified Oregon Pharmacy Technicians and Pharmacy Technicians
  • Div 080 - Controlled Substances
On Wednesday December 3, 2014 the Board amended Division 110 Fee rules. The amendments reflect the fee structure for Pharmacist biennial licensure. The current fee of $120.00 will remain the same for the fist biennial renewal cycle. However, the license will be valid for a period of two years, to further reduce the agency's ending balance. Other amendments include the biennial fee for the electronic prescription monitoring fund as well as a fee reduction for Pharmacists whose initial application for licensure is received or the mailing date of the application is within 180 days of expiration. These rules are effective April 1, 2015 to coincide with the transition to Pharmacist biennial licensure.  
On Wednesday December 3, 2014 the Board amended Division 021 Pharmacist Continuing Education rules. These rules require Pharmacists to complete three continuing pharmacy education units from July 1 through June 30 of each biennial license renewal cycle in approved continuing pharmacy education programs. These rules are effective July 1, 2015.
  •  Div 021 - Pharmacist Continuing Education
On Wednesday December 3, 2014 the Board amended Division 041 Prescription Refill rules. These rules establish requirements for the use of auto-refill programs, reminders, and pick-up notifications for retail pharmacies. These rules are effective January 1, 2016 in order to provide retail pharmacies time to modify their automated systems and notify patients as appropriate.
On Wednesday December 3, 2014 the Board amended Charitable Pharmacy rules in Division 044 to establish a waiver clause in the records section.
 
October 2014
On Friday October 17, 2014 the Board amended rules in Division 019 to allow pharmacy residents who have been accepted into a program the ability to reciprocate sooner in order to satisfy residency requirements. This rule is applicable to nonresident pharmacists who have obtained licensure in another state, but have less that one full year of pharmacist licensure to reciprocate.
On Wednesday October 8, 2014, the Board sent rules in Division 001, Division 019, Division 021, Division 025, Division 041, Division 044, Division 080, and Division 110 to a Rulemaking Hearing scheduled at 9:30 a.m. on November 25, 2014 in Conference Room 1A of the Portland State Office Building, 800 NE Oregon St. Portland, OR 97232. The proposed rules in Division 001 reflect the most current Attorney General's Uniform and Model Rules of Procedures used by the Board. The proposed rules in Division 019 incorporate amendments to implement biennial licensure for Pharmacists to begin during the 2015 renewal cycle. Other proposed changes in Division 019 include requiring Pharmacists to provide the Board with a valid e-mail address and to notify the Board in writing if they have had a change of e-mail address. The proposed rules also repeal the existing rules for the petition for reinstatement of pharmacist licenses and create a new section of rules for the reinstatement of a suspended, revoked, or surrendered license. The proposed rules in Division 021 implement continuing education biennial requirements for Pharmacists that would become effective July 1, 2015. The proposed rules in Division 021 amend continuing education requirements to require Pharmacists to complete three continuing pharmacy education units in an approved continuing pharmacy education program over the course of two years. Other proposed changes in this Division include allowing a Pharmacist that reciprocates his or her license to Oregon to not be required to submit proof of continuing education during their initial renewal cycle. The proposed rules in Division 041 apply to retail pharmacies and establish requirements for the use of auto-refill programs, reminders, and pick-up notifications. The proposed rules in Division 044 establish a waiver clause in the records section of the Charitable Pharmacy rules. The proposed rules in Division 080 are amended to add delta-9-tetrahydrocannabinol (THC) to Schedule II controlled substances for clarification. The proposed rules in Division 110 reflect the fee structure for Pharmacist biennial licensure. Note that the current fee of $120.00 will remain the same. However, the first biennial Pharmacist license will be valid for two years at this rate. Also reflected is a biennial fee for the electronic prescription monitoring fund fee. A fee adjustment is proposed for initial Pharmacist licenses issued within 13 months of expiration. These rules are proposed to be effective April 1, 2015.
 
August 2014 
The Board is proposing permanent adoption of this temporary rule which allows pharmacy residents who have been accepted into a program the ability to reciprocate sooner in order to satisfy residency requirements. This is applicable to nonresident pharmacists who have obtained licensure in another state, but have less that one full year of pharmacist licensure to reciprocate. Public comment will be accepted through October 13, 2014.
  • Div 019 - Licensure by Reciprocity
 
June 2014 
On Wednesday June 11, 2014 the Board amended rules in Division 019 and Division 080. The Division 019 Foreign Pharmacy Graduate rules remove the minimum score requirements for the Test of English as a Foreign Language (TOEFL) and Internet Based Test (iBT). The amendment require Foreign Pharmacy Graduates applying for licensure in Oregon to provide the original Foreign Pharmacy Graduate Equivalency Certificate (FPGEC) issued by the National Association of Boards of Pharmacy, Foreign Pharmacy Examination Committee. The Division 080 Schedule I rules reestablish as Schedule I items gamma-butyrolactone and other cannabinoid receptor agonists that are not listed in OARs 855-080-0022 through 0026 (Schedule II through V) or that are not an FDA approved drug. In addition, certain exceptions are reestablished as well as Schedule I compounds in structural classes 2a-2k and their salts. These Schedule I items have been reestablished as a result of administrative errors.
 
April 2014
On Wednesday April 9, 2014, the Board sent rules in Division 019 and Division 080 to a Rulemaking Hearing scheduled at 9:30 a.m. on May 22, 2014 in Room 1A of the Portland State Office Building, 800 NE Oregon St. Portland, OR 97232. The Division 019 Foreign Pharmacy Graduate rules propose to remove the minimum score requirements for the Test of English as a Foreign Language (TOEFL) and Internet Based Test (iBT). Foreign Pharmacy Graduates must  provide the Board with the original certificate issued by the National Association of Board's of Pharmacy (NABP) Foreign Pharmacy Graduate Examination Committee as one of the conditions for applying for licensure in Oregon. The Division 080 Schedule I rules propose to reestablish other cannabinoid receptor agonists, gamma butyrolactone, an exception clause and other  and other compounds in structural classes 2a-2k.
April 9, 2014
On Wednesday April 9, 2014 the Board amended by temporary rule its Division 019 Pharmacist Licensure by Reciprocity rules to allow pharmacy residents who have been accepted into a program the ability to reciprocate sooner in order to satisfy residency requirements. This is applicable to nonresident pharmacists who have obtained licensure in another state, but have less than one full year of pharmacist licensure to reciprocate.
  •  Div 019 - Licensure by Reciprocity
April 15, 2014
Division 080 rules were amended to include Schedule I compound structural classes 2a-2k and their salts.
February 2014
On Wednesday February 5, 2014 the Board amended by temporary rule its Division 080 Schedule I rules to include gamma-butyrolactone. Other rules amended by temporary rule include the Board's Division 019 Foreign Pharmacy Graduate rules. These rules were amended to eliminate reference to minimal acceptable scores to obtain FPGEC Certification.
 
  • Div 019 - Foreign Pharmacy Graduates
 
January 24, 2014
On Wednesday December 19, 2013 the Board adopted or amended rules relating to public health emergencies, the Health Professional's Service Program (HPSP), biosimilars and naloxone as required by the 2013 Oregon Legislature. Additionally, rules for the distribution of epinephrine in emergency health circumstances were adopted. Other rules in Division 019 and 041 were adopted and amended to require a pharmacist and outlet to notify the Board within one (1) business day in the even of significant drug losses or violations related to drug theft.  
  • Div 007 - Public Health Emergencies
  • Div 011 - Health Professionals Service Program
  • Div 019 - Administration of Vaccines by Pharmacists
  • Div 019 - Duty to Report
  • Div 041 - Definitions
  • Div 041 - Distribution of Emergency Medication
  • Div 041 - Prescriptions
  • Div 041 - Reporting Drug Loss
 
January 3, 2014
On Wednesday December 18, 2013 the Board amended its Division 041 rules to change the name of Remote Dispensing Facility to Remote Distribution Facility for clarification purposes from other similar named rules. In addition the Board amended its Division 110 Fee rules to implement revenue surplus reductions pursuant to ORS 291.055(3) for Pharmacist Score Transfer and Supervising Physician Dispensing Outlet fees.
 
 
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2013 RULE CHANGES

December 20, 2013
On Wednesday December 18, 2013 the Board adopted a temporary rule to correct a filing error in Division 080 of the Schedule I rules. This temporary rule reestablishes other cannabinoid receptor agonists and an exception clause.
 
 
 
November 21, 2013
On Thursday November 21, 2013 at 9:30 AM, the Oregon Board of Pharmacy will conduct a rulemaking hearing on the following topics in Room 1A of the Portland State Office Building, 800 NE Oregon St., Portland, OR 97232
 
  • Div 007 - Public Health Emergencies
  • Div 011 - Health Professionals Service Program
  • Div 019 - Duty to Report
  • Div 019 - Administration of Vaccines by Pharmacists  
  • Div 041 - Definitions and Prescriptions
  • Div 041 - Reporting Drug Loss
  • Div 041 - Distribution of Emergency Medication
  • Div 041 - Remote Dispensing Facility
  • Div 110 - Fees
 
November 6, 2013
On August 14, 2013 the Board amended its Consulting Pharmacist Practice rules in Division 019 and adopted new drug outlet retail and/or institutional models  in Division 041 for Central Fill, Remote Processing, and Consulting or Drugless Pharmacies. The Central Fill, Remote Processing, and Consulting or Drugless Pharmacy rules provide minimum requirements of operation for these new drug outlet models and accommodate modern practices and new technologies while promoting patient safety.
  • 855-019 - Consulting Pharmacist Practice - Effective November 6, 2013
  • 855-041 - Central Fill Drug Outlets, Remote Processing Drug Outlets, and Consulting  or Drugless Pharmacies - Effective November 6, 2013      
  • 855-041 - Central Fill Drug Outlets - Effective November 6, 2013
  • 855-041 - Remote Processing Drug Outlets  - Effective November 6, 2013
  • 855-041 - Consulting or Drugless Pharmacies  - Effective November 6, 2013
 
 
October 2013
 
On October 28, 2013 the Board amended its schedule I controlled substances rules to incorporate certain synthetic cannabinoids subject to abuse.
 
 
September 2013
On August 14, 2013 the Board amended its customized patient medication packages rules to incorporate a waiver clause. The amendment allows the Board to waive any of the requirements of the customized patient medication packages rules if a waiver will further public health or safety or the health and safety of a patient.
 
  •  855-041 - Customized Patient Medication Packages
 
 
On August 14, 2013 the Board adopted temporary rules to define the procedures for disributing naloxone to certain authorized individuals in opiate overdose circumstances. Administration of naloxone may only take place by those who have successfully completed training from the Oregon Health Authority, Public Health Division or who have been identified in Oregon Laws 2013, Chapter 340.
 
 
On September 19, 2013 the Board adopted permanent rules to amend its fees. These amendments implement revenue surplus reductions pursuant to ORS 291.055(3) for certain licensing fees as approved by the Board's 2013-15 Legislatively Approved Budget.  
 
August 2013
On August 14, 2013 the Board amended its manufacturer rules. The permanent rules clarify that any compounded non-patient specific drug from an out-of-state drug outlet may only be distributed into the state by an Oregon registered manufacturer.
 
 
July 2013
On June 12, 2013 the Board amended the following fees: Reciprocity, County Health Clinics, Family Planning Clinics, Hospital Drug Rooms, Correctional Facilities, Prophylactic/Contraceptive Outlets, Retail and Institutional Drug Outlets, Home Dialysis Drug Outlets and all Controlled Substance registration fees.
The Board implemented a temporary fee reduction for these fees as allowed by ORS 291.055(3) due to an unexpected surplus in revenue. These fee reductions are in addition to the temporary pharmacist licensure fee reduction that went into effect on April 5, 2013.
 
 
Notice of Rulemaking or Rulemaking Hearings
 
Notice of Proposed Rulemaking
The Board is proposing permanent rules for adoption that will implement revenue surplus reductions pursuant to ORS 291.055(3) for certain licensing fees as approved by the Board's 2013-15 Legislatively Approved Budget. Public comment will be accepted through August 30, 2013.
 
 
June 27, 2013 Rulemaking Hearing
On Thursday, June 27, 2013 at 9:30AM, the Oregon Board of Pharmacy will conduct a rulemaking hearing on the following topics in Room 1A of the Portland State Office Building, 800 NE Oregon St., Portland, OR 97232. 
  • Div 019 - Consulting Pharmacist Practice
  • Div 041 - Preamble for Central Fill, Remote Processing and Consulting or Drugless Pharmacies
  • Div 041 - Central Fill
  • Div 041 - Remote Processing
  • Div 041 - Consulting or Drugless Pharmacies
  • Div 041 - Customized Patient Medication Packages
  • Div 060 - Manufacturers
  • Div 080 - Controlled Substances
Remote Processing Drug Outlet rules provide minimum requirements of operation for centralized prescription processing by a pharmacy that processes drug orders on behalf of an Oregon pharmacy.
Central Fill Drug Outlet rules provide minimum requirements of operation for centralized prescription drug filling by a pharmacy that fills drug orders on behalf of an Oregon pharmacy.
Consulting or Drugless Pharmacy rules are intended to ensure that a consulting pharmacist may safely store records and protected health information in an Oregon licensed drugless pharmacy when engaged in Independent Pharmacy Practice.
 
Consulting Pharmacist Practice rules are amended to establish registration requirements for a consulting pharmacist that stores health protected records outside an Oregon licensed pharmacy.
Customized Patient Medication Packages rules are amended to include a waiver clause.
 
Manufacturer rules are amended to clarify that any compounded non-patient specific drug from an
out-of-state drug outlet may only be distributed into the state by an Oregon registered manufacturer.
 
Controlled Substance rules are amended to include certain synthetic cannabinoids and cathinone-type derivatives that are subject to abuse, and have no legitimate medical purpose.
 
 April 2013
On April 4, 2013 the Board amended Pharmacist Licensure Fees.
The Board has implemented a temporary fee reduction for pharmacist licensure as allowed by ORS 291.055(3) due to an unexpected surplus in revenue. The license fee will be reduced from $200 to $120.
 
February 2013
On February 14, 2013 The Board amended rules relating to Manufacturers.
This temporary rule clarifies that any out-of-state outlet that compounds a drug that is distributed into Oregon and is based on a non-patient specific order must register as a Manufacturer.
 
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2012 RULE CHANGES

December 2012 
On December 12, 2012 The Board amended rules relating to Wholesaler and Fee rules.

Division 065 rules amend the definition of Class II Wholesaler to include Oxygen USP and medical gases.   Division 110 rules implement a licensing and delinquent fee for the registration and renewal of Supervising Dispensing Outles as required by 2012 Senate Bill 1565. 

Certificate of Permanent Rulemaking - Effective 12/15/12

On December 12, 2012, The Board also reorganized, renumbered, amended and repealed rules within Division 041 in an effort to update the Division in its entirety and provide greater clarity for licensees. In addition rules relating to correctional facilities have been renumbered to Division 043 for organizational purposes. The Board will further review Division 041 in its entirety in 2013 after the reorganization occurs to ensure that rules within the Division accurately reflect current pharmacy practice standards and accommodate new business models.  

The Board also amended emergency department distribution rules that update labeling and records requirements. The amendments also contain a waiver clause and establishes requirements for Automated Dispensing Machines (ADM) within the Emergency Department. 


Certificate of Permanent Rulemaking
- Effective 12/21/12

  • 855-041 - Emergency Department Distribution

 

 June 2012

 

On June 6, 2012 The Board amended the Wholesaler Class II definition to include Oxygen USP.  

Notice of Temporary Rulemaking and Statement of Need - Effective 6/19/12 

• 855-065 – Wholesaler
 

On May 24, 2012 The Board adopted and amended rules related to Definitions, Practitioner Dispensing Outlets and Animal Euthanasia.

Division 006 rules are amended to define “Board” and add “dispense” to existing definitions. Division 043 Practitioner Dispensing Outlet rules implement 2012 Oregon Laws Chapter 34. These rules define “Supervising Physician Dispensing Outlet” and identify which entities must register as well as their requirements. Division 080 Animal Euthanasia rules are amended to correct an outdated fee reference.

Certificate of Permanent Rulemaking - Effective 6/19/2012 
• 855-006 - Definitions
• 855-043 - Practitioner Dispensing Outlets
• 855-080 – Animal Euthanasia
 
The Board also amended rules which add fees for the registration and renewal of Supervising Physician Dispensing Outlets.
 

• 855-110 - Fees


On May 24, 2012 The Board adopted new Drug Outlet conduct rules.
 
Division 041 Drug Outlet conduct rules define the grounds for discipline for outlets that fail to provide a working environment that protects the health, safety and welfare of patients.  
 

Certificate of Permanent Rulemaking - Effective 6/12/12

• 855-041- Drug Outlet Conduct

 

May 2012

On April 11, 2012 The Board adopted and amended rules related to Pharmacy Depots, Technician Checking Validation Programs and Residential Drug Outlets.

The Div. 041 Pharmacy Depot Rules previously amended in December 2011 are amended to further clarify where a patient may designate delivery of a prescription. The Div. 041 Residential Drug Outlet rules are renumbered, amended and repealed to update rules that have not been updated since 1990. The Div. 041 Technician Checking Validation Program (TCVP) rules will allow hospitals to implement TCVP's to allow the redirection of a pharmacist from a distributive role to a patient oriented role

Certificate of Permanent Rulemaking - Effective 5/1/12 

  • 855-041 - Technician Checking Validation Program (TCVP)
  • 855-041 - Pharmacy Depots 
  • 855-041 - Residential Drug Outlets

 

January 2012

On December 14, 2011 The Board adopted and amended rules regarding new Collaborative Therapy, Immunization, Intern, Pharmacy Depots and Manufacturer rules.

Division 019 rules are amended to clarify requirements for Therapeutic Substitution and the Administration of Vaccines. Division 031 Intern rules are amended for clarification. Division 041 Pharmacy Depot rules are amended to allow for exceptions. Division 060 updates the Manufacturer rules to more clearly identify which entities must register as Manufacturers.

Certificate of Permanent Rulemaking - Effective 1/1/12

 

 

 

 

Rulemaking Hearings 

 

On Thursday, November 29, 2012 at 9:00AM, the Oregon Board of Pharmacy conducted a rulemaking hearing on the following topics in Room 1A of the Portland State Office Building, 800 NE Oregon St., Portland, OR 97232

 

 

The Division 041 Emergency Department Dispensing amendments are needed to update labeling and record requirements. These rules also propose to establish requirements for Automated Dispensing Machines (ADM) within the Emergency Department.

The Board is in the process of reorganizing and renumbering Division 041 to provide greater clarity, order and consistency with Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) regulations. For those rules that only required renumbering, they have been filed and updated with the Secretary of State. This filing includes rules that have been both renumbered and amended. Also
reflected are rules that are proposed to be repealed because they are outdated. The Board intends to develop new rules to accommodate new business models and will review the Division in its entirety to ensure that the rules accurately reflect current pharmacy practice standards.

The proposed amendments in Division 065 permanently amend the definition of Class II Wholesaler to include Oxygen USP and medical gases which is currently a Temporary Rule. The Temporary Rule will expire on December 16, 2012.

The proposed amendments in Division 110 establish a permanent licensing and delinquent fee for the registration and renewal of Supervising Physician Dispensing Outlets as required by 2012 Senate Bill 1565. This rule is currently a Temporary Rule and will expire on December 16, 2012.
 
 

On May 24, 2012 the Oregon Board of Pharmacy conducted rulemaking hearing to amend or adopt new Definitions, Practitioner Dispensing Outlet, Controlled Substance, Outlet Conduct and Fee rules.

Notice of Rulemaking Hearing and Statement of Need

* At the April 11, 2012 Board meeting, the Board discussed the March 22nd Rulemaking Hearing Report and corresponding written testimony.  The Board has revised the initial proposal and is required to re-notice this version for reconsideration.  We welcome your public comment and written testimony on the revised proposed rule as noticed. 

Division 006 rules are needed to amend rules to define "Board" and add "dispense" to existing definitions. The Division 041 Drug Outlet conduct rules are being reconsidered and define the Grounds for Discipline for outlets that fail to provide a working environment that protects the health, safety and welfare of patients. Division 043 Practitioner Dispensing Outlet rules are needed to implement 2012 SB 1565. These rules define "Supervising Physician Dispensing Outlet" and identify which entities must register as well as their requirements. Division 080 controlled Substance Identification rules establish requirements for the dispensing of a controlled substance directly to a patient or patient's representative. Division 080 Animal Euthanasia rules correct an outdated fee reference. Division 110 Fee rules are needed to establish a fee for Supervising Physician Dispensing Outlets.

Submit written comments to Karen MacLean, Rules Coordinator at the Board office (800 NE Oregon St., Suite 150, Portland, OR 97232) or email Karen.S.MacLean@state.or.us. Comments must be received by 4:30pm on Monday, May 21, 2012 for consideration. 

 

On March 22, 2012 the Oregon Board of Pharmacy conducted a rulemaking hearing to
adopt and/or amend rules related to Drug Outlet conduct, Pharmacy Depots, Technician Checking Validation Programs etc.

Notice of Rulemaking Hearing and Statement of Need

 
The Div. 41 Pharmacy Depot Rules previously amended in December 2011 are amended to further clarify where a patient may designate delivery of a prescription. The Div. 041 Residential Drug Outlet rules are renumbered, amended and repealed to update rules that have not been updated since 1990. The Div. 041 Drug Outlet conduct rules are new rules that define the Grounds for Discipline for outlets that fail to provide a working environment that protects the health, safety and welfare of patients. The Div. 041 Technician Checking Validation Program (TCVP) rules will allow hospitals to implement TCVP's to allow the redirection of a pharmacist from a distributive task to a cognitive task.

 

 

 

 

 

 

 

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2011 RULE CHANGES

December 2011
 
On December 14, 2011, the Board amended Controlled Substance Rules relating to animal euthanasia.
 
Changes to OAR 855-080-0100 through 855-080-0103 are required to accommodate revisions that were made to the Veterinary Medical Examining Board’s rules relating to the registration of Certified Euthanasia Technicians that expired on October 31, 2011.
 
December 9, 2011, the Veterinary Medical Examining Board adopted temporary rules to reinstate licensure requirements for Certified Euthanasia Technicians that were previously removed.  Without the Board of Pharmacy temporary rule, new Animal Euthanasia Drug Outlet registrations cannot be issued and existing registered Animal Euthanasia Drug Outlets will not be able to renew.  Animal Euthanasia Drug Registrations with the Oregon Board of Pharmacy expire December 31, 2011.
 
Notice of Temporary Rulemaking and Statement of Need - Effective 12/15/11

 
 
On December 14, 2011, The Board amended 855-080-0100 to incorporate a reference to Division 110 where 2011 legislatively approved fee increase which were adopted by Temporary Rule in June and effective July 1, 2011 were implemented.  The Board suspends temporary rules
855-080-0100(T) and  855-080-0103(T).
 
Certificate of Permanent Rulemaking - Effective 12/15/11



October 2011
 
On October 12, 2011 The Board amended rules to accommodate revisions that were made to the Veterinary Medical Examining Board's rules relating to the registration of Certified Euthanasia Technicians that expires on October 31, 2011.
 
Without this temporary rule, new Animal Euthanasia Drug Outlet registrations cannot be issued and existing registered Animal Euthanasia Drug Outlets will not be able to renew an Animal Euthanasia Drug Outlet Registration with the Oregon Board of Pharmacy which expires December 31, 2011.  The Board eliminates the requirement for Certified Euthanasia Technicians and establishes new training requirements for those who possess/administer sodium pentobarbital for euthanizing injured, sick, homeless or unwanted domestic pets and other animals.
 
Notice of Temporary Rulemaking and Statement of Need - Effective 10/31/11

 

June 2011
 
On June 23, 2011 The Board adopted rules to amend licensing fees for registration and renewal of individuals and certain drug outlets. The Board’s 2011-2013 Legislatively Adopted Budget is dependent on the implementation of fee increases effective 7/1/11. These rules amend licensing fees for the registration and renewal for individuals and certain drug outlets.
 
Notice of Temporary Rulemaking and Statement of Need - Effective 7/1/11

 
The Board also adopted permanent rules for criminal background checks on employees and potential employees, and amended pharmacist licensing rules. These rules provide the authority and process for the Board to conduct fingerprint-based nationwide criminal background checks, through the Oregon State Police and FBI, on employees, potential employees and applicants for volunteer positions with the Board. This includes a process for final determination of fitness and an appeals procedure. These rules replace temporary rules adopted in January 2011.
 
The amendment to 855-019-0120 provides a one-year waiting period for applicants for licensure as a pharmacist who have failed the MPJE or NAPLEX three times.
 
Certificate of Permanent Rulemaking - Effective 7/1/11

  • 855-010 - Criminal Background Checks for Potential Board Employees
  • 855-019 - Pharmacist Licensure Exam Limits
 

April 2011
 
On April 6, 2011 The Board adopted and amended rules regarding administration of drugs, remote dispensing and compounding of drugs.
 
Certificate of Permanent Rulemaking - Effective 4/18/11 

 
 
On April 6, 2011 The Board adopted rules to amend Controlled Substances Schedule I with addition of certain synthetic cannabinoids and other dangerous chemicals. 

Certificate of Permanent Rulemaking - Effective 4/11/11
 

February 2011
 
Need for the Temporary Rule:
 
These rules provide the authority and process for the Board to conduct fingerprint-based nationwide criminal background checks, through the Oregon State Police and FBI, on employees, potential employees and applicants for volunteer positions with the Board. This includes a process for final determination of fitness and an appeals procedure.
 
Notice of Temporary Rulemaking & Statement of Need  - Effective 2/8/11

  • 855-010 - Fingerprinting for Employment Applicants

Rulemaking Hearings
 
On November 22, 2011 the Oregon Board of Pharmacy conducted a rulemaking hearing to amend or adopt new Collaborative Therapy, Immunization, Intern, Pharmacy Depots, Manufacturer, Controlled Substance and Fee Rules.  
 
Notice of Proposed Rulemaking & Statement of Need

 
On March 23, 2011, the Oregon Board of Pharmacy conducted a rulemaking hearing to adopt and amend rules regarding administration of drugs, remote dispensing, compounding, and controlled substances schedule.
 
Notice of Rulemaking Hearing and Statement of Need
 

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2010 RULE CHANGES

December 2010
 
On December 14, 2010 the Board adopted rules for the Heath Professional’s Service Program rules, and to clarify rule on electronic prescribing, and amend continuing education requirements.
 
Certificate of Permanent Rulemaking - Effective 12/23/10

 
 
Notice of Proposed Rulemaking & Statement of Need
 
Adopt Heath Professionals Service Program rules, clarify rule on electronic prescribing, amend continuing education requirements.
 
1. The Health Professional’s Service Program is the impaired health professionals program established by the Oregon Health Authority pursuant to ORS 676.190. These rules provide a framework for the Board of Pharmacy’s participation in the Program and establish a procedure for the Board to refer licensees to the program. The rules also specify a process for the Board to approve an independent evaluator and set requirements that must be met by participants. The rules replace the Temporary Rules effective from June 29, 2010.
 
2.  The amendment to the Continuing Education rule deletes the requirement that 11 hours need to be in "therapeutics". The Board proposes adding a requirement that one hour be in the topic of Patient Safety or Medication Error Reduction.
 
3.ORS 689.515 was revised in 2009 to permit "no substitution" instructions to be electronic or in writing. This amendment to OAR 855-041-0065 brings regulations in line with statute.  

October 2010
 
On October 13, 2010 the Board amended rules for administration of vaccines by pharmacists.
 
Certificate of Permanent Rulemaking 

 
 
 
On October 13, 2010 the Board also adopted temporary rules that list certain synthetic cannabinoids as Schedule 1 controlled substances.
 
Press Release - 10/15/10  

Need for the Temporary Rule(s):
By adding the synthetic cannabinoid chemicals to Schedule 1 of the Oregon list of controlled substances (pursuant to ORS 475.035), the board gives law enforcement the authority needed to prosecute the sale and possession of these substances under the Oregon Uniform Controlled Substances Act.
 
 
Notice of Temporary Rulemaking & Statement of Need  - Effective 10/15/10



August 2010
 
Notice of Rulemaking Hearing & Statement of Need 

These amendments implement legislation passed in 2009 (Ch 250, OL 2009) and permit a qualified pharmacist to administer a vaccine to a person who is at least 11 years of age. Amendments also change the reporting requirements in accordance with protocols written and approved by the Oregon Health Authority.


June 2010
 
On June 16, 2010 the Board adopted permanent rules that amend definitions, fees, and rules for pharmacists and pharmacy technicians and adopted new rules for Charitable Pharmacies.   
 
Permanent Rule Filing Certificate - Effective 6/29/10
 
 
In addition, the Board adopted permanent rules that reschedule methamphetamine into Controlled Substance Schedule 1 and marijuana into Controlled Substance Schedule II.
 
Permanent Rule Filing Certificate - Effective 6/29/10
 
 
 
The Board also adopted temporary rules for agency participation in the Impaired Health Professional Program established by the Oregon Health Authority and establishes application procedures for remotely supervised pharmacy facilities. 
 
Temporary Rule Filing Certificate and Statement of Need - Effective 6/29/10
 
Temporary Rule Filing Certificate and Statement of Need - Effective 7/8/10  

April 2010
 
On April 7, 2010 the Board amended permanent rules that amend rules for pharmacy interns and pharmacist licensure requirements, and adopted new rules for hospital pharmacies.
 
Permanent Rule Filing Certificate - Effective 4/30/10
 
Div 031 & 019 - Interns - The rule changes for Interns bring the requirements for experiential education in line with current standards and practices for the Doctor of Pharmacy (Pharm. D.) programs. Schools and colleges of pharmacy now have a greater responsibility for managing the students’ “intern hours” and the Board will not duplicate their record keeping. In order to monitor licensees more effectively, the Intern license will now be renewable every two years rather than a four year license.  Changes to rules for out-of-state Pharmacists seeking Oregon licensure reflect changes to national standards.
 
Interns
 
 
Div 041 - Hospital Pharmacies - The rules required updating to accommodate modern practices and new technologies, and to provide a structure for drug management and control in hospitals. This action repeals and totally replaces the existing hospital rules.  See below for a complete summary of the new Division 041 Hospital rules section by section. 
 
Hospital Pharmacies


January 2010
 
On January 27, 2010 the Board adoped and amended permanent rules that provide regulatory framework to permit prescribing and dispensing of drugs for Expedited Partner Therapy (EPT).
 
These amendments and new rules will permit pharmacists, nurse practitioners, Clinical Nurse Specialists and other practitioners regulated by rules in Division 41 and 43 to prescribe and dispense, within their scope of practice, specified drugs for an unnamed patient when the prescription is identified as “for EPT Therapy”. The rules provide a labeling protocol when the patient’s name is unknown. There are also minor rule amendments in Division 43 to incorporate changes necessitated by recent legislation.
 
Permanent Rule Filing Certificate - Effective 2/8/10 


 
 
On January 27, 2010 the Board also amended permanent rules that revise and update certain fees and establishes conditions for waiver of fees. It also establishes criteria and charges for special inspections of drug outlets and establishes a fee schedule for administrative fees which the Board approved.  The current fee schedule can be found below:
 
Rule Filing Certificate 


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