Current through Register Vol. 63, No. 3, March 1, 2024
(1) A
charitable pharmacy may not distribute a donated prescription drug that:
(a) Fails to meet the requirements of the
program;
(b) Has not been stored in
accordance with manufacturer's recommendations;
(c) Has been repackaged, except that a drug
that has been repackaged for a long-term care pharmacy may be
distributed;
(d) Bears an
expiration date that is less than nine months from the date the drug is
donated;
(e) Is adulterated or
misbranded;
(f) Is a controlled
substance;
(g) Is a drug that
requires a special registration for dispensing;
(h) Is an over-the-counter drug;
(i) Requires specialty storage or
handling;
(j) Requires
refrigeration;
(k) Is a compounded
drug; or
(L) In the pharmacist's
professional judgment, may be unfit for dispensing.
(2) A charitable pharmacy may only dispense a
drug to a person who:
(a) Has a valid
prescription for the drug; and
(b)
Is a resident of Oregon; and
(c) Is
underinsured or does not have adequate health insurance coverage for the
prescription drug requested; or
(d)
Is enrolled in a program of public assistance as defined in ORS
411.010;
(3) A drug may only be dispensed by a
pharmacist or by a practitioner who has been given dispensing privileges by
their licensing board and is acting within their scope of practice, or by a
registered nurse subject to the following:
(a) A registered nurse who is an employee of
a charitable pharmacy may dispense a drug to a client of the charitable
pharmacy; and
(b) Such dispensing
by a registered nurse shall be pursuant to the order of a person authorized to
prescribe the drug.
(4)
The dispensing practitioner must provide the patient with appropriate
counseling on the use of the drug and any potential side effects, and may
provide written drug information;
(5) A recipient of a drug under this program
must sign a Recipient Form, provided by the Board, that attests that the
recipient has been notified that:
(a) The
prescription drug was donated to the program;
(b) A visual inspection was conducted by a
pharmacist to ensure that the drug has not expired, been adulterated or
misbranded, and is in its original, sealed packaging;
(c) A pharmacist has determined that the drug
is safe to distribute based on the accuracy of the Donor's Form and the visual
inspection by the pharmacist;
(d)
Participants in the program are immune from liability as provided in ORS
689.780; and
(e) That they are qualified to receive the
drug as specified in section (2) of this rule.
(6) Upon written request the Board may waive
any of the requirements of this rule if a waiver will further public health and
safety. A waiver granted under this section shall only be effective when it is
issued in writing.
Stat. Auth.: ORS
689.205
Stats. Implemented: ORS
689.772 &
689.774