2017 ORS 689.645¹
Vaccines, patient care services, drugs and devices
  • formulary
  • rules

(1) In accordance with rules adopted by the State Board of Pharmacy under ORS 689.205 (Rules), a pharmacist may:

(a) Administer vaccines:

(A) To persons who are seven years of age or older; or

(B) If authorized by the Governor under ORS 433.441 (Proclamation of public health emergency) or the Public Health Director under ORS 433.443 (Authority of Public Health Director during public health emergency) or 433.444 (Authority of Public Health Director during disease outbreak), to a person three years of age or older.

(b) Pursuant to a statewide drug therapy management protocol developed by the Public Health and Pharmacy Formulary Advisory Committee convened under ORS 689.649 (Public Health and Pharmacy Formulary Advisory Committee) and adopted by rule of the board, provide approved patient care services including smoking cessation therapy and travel health services.

(c) Using a form prescribed by the board, submit a concept for the development of a protocol, other than the protocols pharmacists may establish under subsection (5) of this section, to the committee for consideration by the committee and recommendation to the board for adoption by rule of the board.

(d) Prescribe and dispense a drug or device included on the formulary established under subsection (6) of this section if the prescription and dispensation is pursuant to a diagnosis by a health care practitioner who has prescriptive authority and is qualified to make the diagnosis.

(2) The board may adopt rules allowing a pharmacist to prescribe vaccines, provide patient care services and submit protocol concepts under subsection (1) of this section. The rules related to the prescription of vaccines may be only as broad as necessary to enable pharmacists to enroll and participate in the Vaccines for Children Program administered by the Centers for Disease Control and Prevention.

(3) The board is authorized to issue, to licensed pharmacists who have completed training accredited by the Centers for Disease Control and Prevention, the American Council on Pharmaceutical Education or a similar health authority or professional body, certificates of special competency in the prescription and administration of vaccines.

(4) The board shall adopt rules relating to the reporting of the prescription and administration of vaccines to a patient’s primary health care provider and to the Oregon Health Authority.

(5) The board shall adopt rules requiring pharmacists to establish protocols for the prescription and administration of vaccines and the provision of patient care services under subsection (1) of this section.

(6)(a) The board shall establish by rule a formulary of drugs and devices, as recommended by the committee, that a pharmacist may prescribe and dispense to a patient pursuant to a diagnosis by a health care practitioner who has prescriptive authority and who is qualified to make the diagnosis.

(b) The formulary may include post-diagnostic drugs and devices such as diabetic testing supplies, emergency refills of insulin, albuterol inhalers, epinephrine autoinjectors, smoking cessation aids, discharge medications for transitions of care, rapid strep tests and spacers. [1999 c.350 §3b; 2005 c.312 §1; 2009 c.250 §1; 2009 c.595 §1104; 2011 c.245 §1; 2013 c.332 §5; 2015 c.295 §1; 2015 c.362 §4; 2017 c.106 §1]

Note: Section 3, chapter 106, Oregon Laws 2017, provides:

Sec. 3. The name of the Public Health Advisory Committee is changed to the Public Health and Pharmacy Formulary Advisory Committee. The Public Health and Pharmacy Formulary Advisory Committee is a continuation of the Public Health Advisory Committee. [2017 c.106 §3]

Chapter 689

Notes of Decisions

Board of Pharmacy had authority to adopt rule making drug ephedrine available by prescrip­tion only. Northwest Connec­tion v. Board of Pharmacy, 108 Or App 320, 814 P2d 191 (1991)

Atty. Gen. Opinions

Authority of board to require retail price list of prescrip­tion drugs, (1975) Vol 37, p 345; hospital policy requiring pharmacy depart­ment to substitute therapeutically equivalent but not generically identical drugs, (1979) Vol 40, p 145; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 689—Pharmacists; Drug Outlets; Drug Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors689.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 689, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano689.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.