The Prescription Drug Affordability Board (PDAB) posted its November 15 meeting draft agenda. The PDAB will also review an updated working drug list during the November 15 meeting; the updated list has been posted on the PDAB data page.  Below are links to information for the next meeting including current rules referenced in the draft agenda. The board calendar and minutes from past meetings are also available online. 

Also in Oregon, the Oregon Health Authority proposed minor housekeeping edits to align with Federal requirements, clarify language, remove outdated references, and correct typos. Comments are due November 21 at 5:00 pm Pacific.  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Board of Pharmacy issued a public notice of and agenda for its Strategic Planning Meeting scheduled to be held November 8-9, 2023. See agenda for details to participate in the meeting either in-person or virtually. 

Also in Oregon, On August 11, 2023, the Oregon Board of Pharmacy voted to permanently adopt, effective March 1, 2024, OAR 855-115-0150(3) Pharmacist: Prohibited Practices. This rule says that pharmacists are not allowed to diagnose patients. The Board adopted this rule because there is no authority in ORS chapter 689 for pharmacists to diagnose and the Board wanted to make sure that pharmacists know this. On September 25, 2023, the Oregon Board of Pharmacy received a petition to repeal OAR 855-115-0150(3) pursuant to OAR 137-001-0070 Petition to Promulgate, Amend, or Repeal Rule; see below for details. 

Proposed Amendments: OAR 855-115-0150(3) Pharmacist: Prohibited Practices 

Petitioner’s proposed amendment: 

“Pharmacists must not:” 

“(3) Diagnose.” 

Pursuant to OAR 137-001-0070(3), the Board of Pharmacy is inviting written public comment on the adopted rule, 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 comments may be submitted to the Board of Pharmacy by email at pharmacy.rulemaking@bop.oregon.gov. The public comment period will close on November 15 at 4:30 pm. The board will review the public comments received at the December 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). If you have any questions, please reach out to the Rules Coordinator, at pharmacy.rulemaking@bop.oregon.gov. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Board of Pharmacy permanently adopted the following rules at the October 2023 Board Meeting effective October 17, 2023, unless otherwise noted:  

• Division 007 related to Compliance w/OHA COVID-19 rules – Repealed  
• Divisions 019/041/043/044/139 related to Short-acting Opioid Antagonist  
• Division 045 related to USP (United States Pharmacopeia) <795> and USP <797> Standards adopted by Reference  
• Division 115 related to Short-acting Opioid Antagonist – Effective March 1, 2024 

Also in Oregon, the Board of Pharmacy announced the agency’s new director, Jamal Fox. Fox has more than 20 years of experience in the public and private sectors. Fox will start his new role with the agency beginning October 25. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Gov. Tina Kotek (D) signed HB 2725 (Chapter 509), legislation prohibiting PBMs (Pharmacy Benefit Managers) from retroactively denying or reducing payment on a claim after adjudication unless the pharmacy and PBM agree that payment was incorrect due to clerical error. It also prohibits PBMs from imposing fees on pharmacies after point of sale. It also requires a PBM, if denying or reducing reimbursement on a claim, to provide notice to pharmacy of specific claim that is denied or reduced and detailed explanation for denial or reduction.  

Also in Oregon, the Oregon Health Authority has posted new protocols for the following vaccines: RSV (Respiratory Syncytial Virus), Influenza (IIV 2023-24 – Interim), and Influenza (LAIV 2023-24 – Interim). An interim protocol will be replaced with a final protocol once the ACIP (Advisory Committee on Immunization Practice) recommendations are published in the MMWR (Morbidity and Mortality Weekly Report). Also, the following protocols have been updated: HPV (HUMAN PAPILLOMA VIRUS) vaccines (9vHPV) and Meningococcal A, C, W, T and B.  

Also in Oregon, the Board of Pharmacy posted opportunities for interested persons to serve on the Board. The Board has the following member opportunities available:  

• Two Pharmacy Technician member positions available for reappointment or appointment – Apply here by November 5, 2023  
• One public member position available for reappointment or appointment – Apply here by November 5, 2023  

Board members are appointed by Governor Tina Kotek and each Board member serves at the pleasure of the Governor. If you are interested in applying to serve on the Board, please visit the Board Member Opportunities webpage, review ORS 689.115, and apply through the governor’s Boards and Commissions website.  

Finally in Oregon, the Board of Pharmacy announced the next meeting of the Public Health & Pharmacy Formulary Advisory Committee and posted the meeting agenda.  Of interest is “Concept #1 – Immunizations” under “Committee Protocol Development”. A link to the meeting agenda is provided below. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Gov. Tina Kotek (D) signed HB 2725 (Chapter 509), legislation prohibiting PBMs (Pharmacy Benefit Managers) from retroactively denying or reducing payment on a claim after adjudication unless the pharmacy and PBM agree that payment was incorrect due to clerical error. It also prohibits PBMs from imposing fees on pharmacies after point of sale. It also requires a PBM, if denying or reducing reimbursement on a claim, to provide notice to pharmacy of specific claim that is denied or reduced and detailed explanation for denial or reduction. This measure was effective upon passage. 

Also in Oregon, the Oregon Health Authority has posted new protocols for the following vaccines: RSV (Respiratory Syncytial Virus), Influenza (IIV 2023-24 – Interim), and Influenza (LAIV 2023-24 – Interim). An interim protocol will be replaced with a final protocol once the ACIP (Advisory Committee on Immunization Practice) recommendations are published in the MMWR (Morbidity and Mortality Weekly Report). Also, the following protocols have been updated: HPV vaccines (9vHPV) and Meningococcal A, C, W, T and B. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Board of Pharmacy announced a rulemaking hearing on September 27 where it is proposing to adopt the following rules. Written comments may be submitted via email to pharmacy.rulemaking@bop.oregon.gov by 4:30 p.m. on September 27.  

• Division 007 related to Compliance w/OHA COVID-19 rules 
• Divisions 019/041/043/044/139 related to Short-acting Opioid Antagonist  
• Division 045 related to USP <795> and USP <797> Standards Adopted by Reference  
• Division 115 related to Short-acting Opioid Antagonist 
• Divisions 115/125 related to RPH Applicability, Definitions, Counseling; COPT/PT Prohibited Practices 

Also in Oregon, the Board of Pharmacy adopted the following rules, effective March 1, 2024, at its August 2023 Board Meeting: 

• Division 102 related to Board Administration  
• Division 104 related to Universal Rules  
• Division 115 related to Pharmacists  
• Division 120 related to Interns and Preceptors  
• Division 125 related to Pharmacy Technicians  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Gov. Tina Kotek (D) signed SB 608, requiring the Oregon Health Authority (Medicaid) to conduct a cost of dispensing study every three years and the first study is due January 2, 2024. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Board of Pharmacy announced a rulemaking hearing on July 26 and is proposing to adopt the following rules. The rulemaking hearing will be held virtually and begins at 9:30 a.m. If you plan to testify, please complete the sign-up form on the website. Written comments may be submitted by 4:30 p.m. on July 26 via email. 

• Division 080 related to Schedule I – Xylazine
• Division 102 related to Board Administration 
• Division 104 related to Universal Rules  
• Division 115 related to Pharmacists 
• Division 120 related to Interns and Preceptors
• Division 125 related to Pharmacy Technicians  

 Also in Oregon, the Board of Pharmacy announced it will receive public comments on the following proposed compounding rules at the July 26 rulemaking hearing beginning at 9:30 a.m. If you plan to testify or submit written comments, see the above section for guidance.  

• Divisions 041/043/183 related to Drug Compounding (Please note: the board does not intend to adopt these rules in August 2023; It is only seeking public comment.) 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Oregon Board of Pharmacy permanently adopted the following rules at the June 2023 Board Meeting:  

• Divisions 006/041/043/045/080/139/141 related to Standards Adopted by Reference *Effective 6/13/2023 
• Divisions 019/020 related to Pharmacist Prescriptive Authority *Effective 6/13/2023
• Continuation of Therapy including Emergency Refills of Insulin v. 6/2023 
• Travel Medications v. 6/2023 
• HIV Post-exposure Prophylaxis (PEP) v. 6/2023 
• HIV Pre-exposure Prophylaxis (PrEP) v. 6/2023  
• Contraception v. 6/2023 
• Divisions 019/041/043/045/080/139/141/143 related to Annual Self-Inspection Form Completion Date *Effective 8/1/2023 

Also in Oregon, the House passed the following bills this week: 

• HB 2725 (A-Engrossed), legislation prohibiting PBMs from retroactively denying or reducing payment on a claim after adjudication unless the pharmacy and the PBM agree that payment was incorrect due to a clerical error and requiring PBMs, if denying or reducing reimbursement on a claim, to provide notice to the pharmacy of the specific claim that is denied or reduced and an explanation for the denial or reduction. 
• HB 3013 (B-Engrossed), legislation requiring PBMs to be licensed by the Department of Consumer & Business Services, amending the definition of “pharmacy benefit manager”, establishing a rate floor, permitting pharmacies to file a complaint with the Department of Consumer & Business Services, imposing new requirements to coverage of 340B drugs and various other provisions.  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.