Oregon Statutes 689.645 – 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:
Terms Used In Oregon Statutes 689.645
- Administer: means the direct application of a drug or device whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(a) A practitioner or the practitioner's authorized agent; or
(b) The patient or research subject at the direction of the practitioner. See Oregon Statutes 689.005
- Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist. See Oregon Statutes 689.005
- Person: means an individual, corporation, partnership, association or other legal entity. See Oregon Statutes 689.005
- Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy or to engage in the practice of clinical pharmacy. See Oregon Statutes 689.005
- Pharmacy: means a place that meets the requirements of rules of the board, is licensed and approved by the board where the practice of pharmacy may lawfully occur and includes apothecaries, drug stores, dispensaries, hospital outpatient pharmacies, pharmacy departments and prescription laboratories but does not include a place used by a manufacturer or wholesaler. See Oregon Statutes 689.005
- Pharmacy technician: means a person licensed by the board who assists in the practice of pharmacy pursuant to rules of the board. See Oregon Statutes 689.005
- Practitioner: means a person licensed and operating within the scope of such license to prescribe, dispense, conduct research with respect to or administer drugs in the course of professional practice or research:
(a) In this state; or
(b) In another state or territory of the United States if the person does not reside in Oregon and is registered under the federal Controlled Substances Act. See Oregon Statutes 689.005
(a) A pharmacist, or a pharmacy technician under the supervision of a pharmacist, may administer vaccines:
(A) To persons who are seven years of age or older;
(B) If authorized by the Governor or the Director of the Oregon Department of Emergency Management under ORS § 433.441 or the Public Health Director under ORS § 433.443 or 433.444, to a person three years of age or older; or
(C) To persons who are six months of age or older if the vaccine administered is an influenza vaccine.
(b) A pharmacist may, pursuant to a statewide drug therapy management protocol developed by the Public Health and Pharmacy Formulary Advisory Committee convened under ORS § 689.649 and adopted by rule of the board, provide approved patient care services including smoking cessation therapy and travel health services.
(c) A pharmacist may, 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) A pharmacist may 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 pharmacists and pharmacy technicians who have completed training accredited by the Centers for Disease Control and Prevention, the Accreditation Council for Pharmacy Education or a similar health authority or professional body, certificates of special competency in the prescription or 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; 2021 c.539 § 43; 2023 c.240 § 1; 2023 c.306 § 1]
Section 3, chapter 106, Oregon Laws 2017, provides:
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]