Notice for Invitation of Public Comment
On April 30, 2024,
the Oregon Board of Pharmacy received a petition to amend OAR 855-139-0050(2), OAR
855-139-0100(4), OAR 855-139-0200(2), OAR 855-139-0210(1)(2)(3)(4)(5), and OAR
855-139-0215(2) pursuant to OAR 137-001-0070 Petition to Promulgate, Amend, or Repeal
Rule.
ORS 689.700
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. [2021 c.340 §2; 2022 c.45 §19]
Invitation for Public Comment
Pursuant to OAR 137-001-0070(3), the Board of Pharmacy is inviting written public comment on the adopted rules, including
(a) Options for achieving the existing rule's substantive goals while reducing the negative economic impact on businesses;
(b) The continued need for the existing rule;
(c) The complexity of the existing rule;
(d) The extent to which the existing rule overlaps, duplicates, or conflicts with other state or federal rules and with local government regulations;
(e) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the existing rule, since the agency adopted the rule; and
Written public comment may be submitted to the Oregon Board of Pharmacy by email at pharmacy.rulemaking@bop.oregon.gov. The public comment period will close on May 27, 2024 at 4:30pm. The board will review the public comments received at the June 2024 board meeting and will in writing, within 90 days after receipt of the petition, either deny the petition or initiate rulemaking proceedings pursuant to OAR 137-001-0070(4)(c).
Proposed Amendments
OAR 855-139-0050(2)
Petitioner's proposed amendment:
(2) A RDSP may not utilize Interns. Unlicensed personnel may not perform any pharmacy services.
OAR 855-139-0100(4)
Petitioner's proposed amendment:
(4) A record must be maintained with the name and license number of each person entering the pharmacy area of the RDSP.
OAR 855-139-0200(2)
Petitioner's proposed amendment:
(2) A RDSP Affiliated Pharmacy must be less than 120 miles apart via the shortest surface street route from the RDSP.
OAR 855-139-0210(1)(2)(3)(4)(5)
Petitioner's proposed amendments:
(1) Ensure prescription drugs are only dispensed at the RDSP if an Oregon licensed Pharmacist is supervising the Oregon licensed intern, Certified Oregon Pharmacy Technician or Pharmacy Technician, and the audio and visual telepharmacy communication and continuous video surveillance system is fully operational;
(2) Ensure an Oregon licensed Pharmacist supervises, directs and controls each Oregon licensed intern, Certified Oregon Pharmacy Technician or Pharmacy Technician at the RDSP using an audiovisual communication system. All patient interactions must be recorded, reviewed and stored;
(3) The Oregon licensed Pharmacist who is supervising the Oregon licensed intern, Certified Oregon Pharmacy Technician or Pharmacy Technician at a RDSP must:
(a) Using reasonable professional judgment, determine the percentage of patient interactions for each licensee that must be reviewed to ensure public health and safety with a minimum of 10% of patient interactions observed or reviewed;
(b) Review patient interactions within 48 hours of the patient interaction to ensure that each licensee is acting within the authority permitted under their license and patients are connected with a Pharmacist upon request;
(c) Document the following within 24 hours of the review in (3)(b):
(A) Number of each licensee's patient interactions;
(B) Number of each licensee's patient interactions Pharmacist is reviewing;
(C) Date and time of licensee patient interaction Pharmacist is reviewing;
(D) Date and time of Pharmacist review of licensee's patient interaction; and
(E) Pharmacist notes of each interaction reviewed; and
(a) (d) Report any violation of OAR 855 to the RDSP Affiliated Pharmacy within 24 hours of discovery and to the board within 10 days.
(4) The Oregon registered Drug Outlet Pharmacy must comply with the Pharmacist's determination in (3)(a), employ adequate staff to allow for completion of the review within 48 hours, and retain records.
(5) Ensure telephone audio is recorded, reviewed and stored for all patient interactions completed by the Certified Oregon Pharmacy Technician or Pharmacy Technician.
OAR 855-139-0215(2)
Petitioner's proposed amendment:
(2) Utilize an Oregon licensed Pharmacist and an audiovisual communication system to provide counseling or accept the refusal of counseling from the patient or the patient's agent for each prescription being dispensed when counseling is required under OAR 855-115-0145 and when requested and document the interaction.
If you have any questions, please reach out to the Agency Rules Coordinator, Rachel Melvin at pharmacy.rulemaking@bop.oregon.gov
May 22, 2024 Rulemaking Hearing
The rulemaking hearing will be held virtually on 5/22/2024 and begins @ 9:30AM. If you wish to provide oral testimony during this hearing, sign up using the form below or email your request including your first and last name, email address and which rule(s) you wish to provide comment on to
pharmacy.rulemaking@bop.oregon.gov. You will receive a confirmation email and a separate calendar invitation to join the virtual hearing.
If you want to listen to the hearing, dial 503-446-4951 Phone Conference ID: 392 711 816#
Submit written comments before 4:30PM on May 22, 2024 by emailing your comments to pharmacy.rulemaking@bop.oregon.gov.
2024 Proposed & Adopted Rules
May 22, 2024 Rulemaking Hearing
March 4, 2024 Temporary Rule Noticed
March 2024 Temporary Rule Noticed
March 2024
The board permanently repealed the following rules at the Special February 23, 2024 Board Meeting:
The board permanently adopted the following rule at the February 2024 Board Meeting:
February 2024 Temporary Rule Noticed
February 2024
The board permanently adopted the following rules at the February 2024 Board Meeting:
February 22, 2024 Rulemaking Hearing
January 24, 2024 Rulemaking Hearing
2024 OBOP Rulemaking Hearing Videos
2023 Proposed & Adopted Rules
December 2023 Temporary Rule Noticed
December 2023
The board permanently adopted the following rules at the December 2023 Board Meeting:
November 21, 2023 Rulemaking Hearing
October 2023
The board permanently adopted the following rules at the October 2023 Board meeting:
September 27, 2023 Rulemaking Hearing
August 2023
The board permanently adopted the following rules at the August 2023 Board meeting:
July 26, 2023 Rulemaking Hearing
June 2023
The board permanently adopted the following rules at the June 2023 Board meeting:
May 23, 2023 Rulemaking Hearing
April 2023 Temporary Rule Noticed
February 2023
The board permanently adopted the following rules as the February 2023 Board meeting:
February 2023 Temporary Rule Noticed
January 26, 2023 Rulemaking Hearing
2023 Rulemaking Hearing Videos
2022 Rulemaking
December 2022
The board permanently adopted the following rules at the December 2022 Board meeting:
November 22, 2022 Rulemaking Hearing
October 2022 Temporary Rules Noticed
July 2022 Temporary Rules Noticed
June 2022
The board permanently adopted the following rules at the June 2022 Board Meeting:
May 24, 2022 Rulemaking HearingApril 22, 2022 Temporary Rules Noticed
April 2022The board permanently adopted the following rules at the April 2022 Board Meeting:
March 30, 2022 Temporary Rule Noticed
March 29, 2022 Temporary Rule Noticed
March 29, 2022 Rulemaking Hearing
March 21, 2022
The board permanently adopted the following rules at the December 9, 2021 Board Meeting:
February 16, 2022 Temporary Rules Noticed
Rulemaking Process
The purpose of a Rulemaking Hearing is an opportunity for the public and stakeholders to provide oral testimony or submit written comments on rules proposed by the Oregon Board of Pharmacy, it is not a board meeting; The board does not engage in discussion on proposed rules during a Rulemaking Hearing meeting, however the public may provide oral testimony during the hearing or submit written comments to pharmacy.rulemaking@bop.oregon.gov during the public comment period on the specific rules noticed for proposed rulemaking.
Please review the proposed rulemaking notices for the date and time of the hearing (typically 9:30AM), link to join virtually, phone number and conference ID# to listen to the hearing, public comment period, and special instructions which includes directions on how to sign up to provide oral testimony and where to submit written comments.
When the public comment period ends, a hearing report is presented to the board for their consideration at the next scheduled board meeting and includes a summary of oral testimony received during the hearing (if applicable) as well as all written comments received.