(1) The Prescription Drug Affordability Board is established in the Department of Consumer and Business Services to protect residents of this state, state and local governments, commercial health plans, health care providers, pharmacies licensed in this state and other stakeholders within the health care system in this state from the high costs of prescription drugs.

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(2) The board consists of eight members appointed by the Governor.

(3) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) The appointment of each member of the board is subject to confirmation by the Senate in the manner prescribed in ORS § 171.562 and 171.565.

(5) A member of the board is entitled to compensation and expenses as provided in ORS § 292.495.

(6) The members of the board must be residents of this state with expertise in health care economics and clinical medicine.

(7) A member of the board may not be an employee of, a board member of or a consultant to a manufacturer or a trade association of manufacturers.

(8) The board shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the board determines.

(9) A majority of the members of the board constitutes a quorum for the transaction of business.

(10) The department shall appoint an executive director for the board, may employ consultants, investigators or other staff and shall provide staff support to the board to carry out its duties.

(11) The board shall meet at least once every six weeks at a time and place determined by the chairperson. The chairperson may cancel or postpone a regular meeting if there is no prescription drug to review. The board may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the board.

(12)(a) The following actions by the board shall be open to the public in accordance with ORS § 192.610 to 192.705:

(A) Any deliberation on whether to conduct an affordability review of a prescription drug under ORS § 646A.694; and

(B) Any decision or deliberation toward a decision on any matter before the board except as provided in paragraph (b) of this subsection.

(b) The board may meet in executive session to discuss trade secret information.

(13) The board shall:

(a) Provide public notice of each board meeting at least two weeks in advance of the meeting;

(b) Make materials for each board meeting available to the public at least one week in advance of the meeting;

(c) Provide an opportunity for public comment at each open meeting of the board; and

(d) Provide the public with the opportunity to submit written comments on any pending decision of the board.

(14) The board may allow expert testimony at board meetings, including when the board meets in executive session.

(15)(a) A member of the board shall recuse the member from decisions related to a prescription drug if the member, or an immediate family member of the member, has received or could receive any of the following:

(A) A direct financial benefit of any amount deriving from the result or finding of a study, review or determination by or for the board; or

(B) A financial benefit from any person that owns, manufactures, or provides prescription drugs, services or items to be reviewed by the board that in the aggregate exceeds $5,000 per year.

(b) For the purposes of paragraph (a) of this subsection, a financial benefit includes honoraria, fees, stock, the value of the member’s or immediate family member’s stock holdings and any direct financial benefit deriving from the result or finding of a study, review or determination by or for the board.

(c) A conflict of interest shall be disclosed:

(A) By the board when hiring board staff;

(B) By the Governor when appointing members to the board; and

(C) By the board, when a member of the board is recused in any final decision resulting from a review of a prescription drug.

(d) A conflict of interest shall be disclosed at the earlier of:

(A) Prior to the first board meeting after the conflict is identified; or

(B) Within five days after the conflict is identified.

(e) A conflict of interest disclosed under this section shall be posted on the website of the board unless the chairperson of the board recuses the member from any final decision resulting from a review of a prescription drug.

(f) A posting under paragraph (e) of this subsection shall include the type, nature and magnitude of the conflict of interest of the member involved.

(16) Members of the board, staff and third parties that contract with the board may not accept any gift or donation of services or property that creates a potential conflict of interest or has the appearance of biasing the work of the board.

(17)(a) The board may enter into a contract with a qualified, independent third party for any service necessary to carry out the powers and duties of the board.

(b) Unless permission is granted by the board, a third party hired by the board may not release, publish or otherwise use any information to which the third party has access under its contract.

(18) In accordance with applicable provisions of ORS Chapter 183, the board may adopt rules necessary for the administration of ORS § 646A.680 to 646A.697. [2021 c.598 § 1; 2023 c.466 § 6]

Section 9, chapter 598, Oregon Laws 2021, provides:

Notwithstanding the term of office specified by section 1, chapter 598, Oregon Laws 2021 [646A.693], of the members first appointed to the Prescription Drug Affordability Board:

(1) Two members shall serve for a term ending December 31, 2024.

(2) Three members shall serve for a term ending December 31, 2025.

(3) Three members, including the chairperson, shall serve for a term ending December 31, 2026. [2021 c.598 § 9; 2023 c.466 § 7]