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Emergency Law Inventory | Full Law Text

Law Number

OAR 855-007-0090

Summary Title

Scope of Practice: Pharmacist Can Dispense, Initiate, or Modify Treatment During Emergency

Summary

When an emergency declaration is in effect, a pharmacist can dispense up to a 30 day refill of a prescription drug without a valid prescription if they believe that drug is essential to the patient’s health and they inform the patient of the need for prescriber authorization to obtain more than the 30 day supply. A pharmacist can also initiate or modify drug therapy, after consulting with a provider, and dispense an appropriate amount of the drug if the pharmacist believes the drug is essential to the patient’s health, and they inform the patient of the need for prescriber authorization to obtain more.

Full Title

Emergency Pharmacy Rules

Full Text

(1) Refills: A pharmacist in the area covered by a declared emergency or in an area engaged in disaster assistance may dispense a refill of a prescription drug without a valid prescription provided that: (a) In the pharmacist's professional judgment, the drug is essential to the maintenance of the patient's health or the continuation of therapy; and (b) The pharmacist provides no more than a 30-day supply; and (c) The pharmacist records all relevant information and indicates that it is an Emergency Prescription; and (d) The pharmacist informs the patient or the patient's agent that the drug is being provided without a prescriber's authorization and that a prescriber authorization is required for any additional refill. (e) If the refill is for a controlled substance, permission has been granted by the DEA for this type of refill, either by waiver of appropriate controlled substance regulations or by notification to the Board. (2) New and modified drug therapy: A pharmacist in the area covered by a declared emergency or in an area engaged in disaster assistance may, after consultation with any authorized prescriber, initiate or modify any drug therapy, and dispense an amount of the drug to meet the patient's health needs until that patient can be seen by a health-care practitioner, provided that: (a) The pharmacist acts in accordance with currently accepted standards of care; and (b) In the pharmacist's professional judgment, the drug is essential to the maintenance of the patient's health or to the continuation of therapy; and (c) The pharmacist records all relevant information to a form and indicates that a drug therapy has been initiated or modified and that this is an Emergency Prescription; and (d) The pharmacist informs the patient or the patient's agent at the time of dispensing that the drug is being provided in the absence of a valid patient -- prescriber relationship but that a prescriber was consulted regarding the appropriateness of the drug therapy; and (e) The pharmacist informs the patient or the patient's agent that a prescriber authorization is required for any refill.