Oregon State Archives

Oregon Bulletin

January 1, 2012

Board of Pharmacy
Chapter 855

Rule Caption: Amends and suspends Controlled Substance Rules relating to animal euthanasia.

Adm. Order No.: BP 7-2011(Temp)

Filed with Sec. of State: 12-15-2011

Certified to be Effective: 12-15-11 thru 4-27-12

Notice Publication Date:

Rules Amended: 855-080-0100

Rules Suspended: 855-080-0100(T), 855-080-0103(T)

Subject: Changes to OAR 855-080-0100 through 855-080-0103 are required to accommodate revisions that were made to the Veterinary Medical Examining Board’s rules relating to the registration of Certified Euthanasia Technicians that expired on October 31, 2011.

      December 9, 2011, the Veterinary Medical Examining Board adopted temporary rules to reinstate licensure requirements for Certified Euthanasia Technicians that were previously removed. Without the Board of Pharmacy temporary rule, new Animal Euthanasia Drug Outlet registrations cannot be issued and existing registered Animal Euthanasia Drug Outlets will not be able to renew. Animal Euthanasia Drug Registrations with the Oregon Board of Pharmacy expire December 31, 2011.

      The Board amends 855-080-0100 to incorporate a reference to Division 110 where 2011 legislatively approved fee increase which were adopted by Temporary Rule in June and effective July 1, 2011 were implemented. The Board suspends temporary rules

      855-080-0100(T) and 855-080-0103(T).

Rules Coordinator: Karen MacLean—(971) 673-0001

855-080-0100

Animal Euthanasia

(1) The following requirements shall be met in order for a humane society or animal control agency to be registered or registration renewed to allow the purchase, possession and administration of sodium pentobarbital for euthanizing injured, sick, homeless or unwanted domestic pets and other animals:

(a) Storage. All supplies of sodium pentobarbital shall be kept in a locked cabinet. An assigned person designated in writing shall be responsible for the security of the sodium pentobarbital. Such designated person shall allow withdrawal of the drug only to a person certified by the Oregon State Veterinary Medical Examining Board to administer sodium pentobarbital;

 (b) Records. The following records shall be made at the time of the occurrence and shall be maintained for a minimum of three years, available for inspection by the Board of Pharmacy and its agents:

(A) A record of the withdrawal of sodium pentobarbital, signed by the person who takes possession of the sodium pentobarbital for administration;

(B) A record of the weight, species of animal and dosage administered for euthanasia signed by the person who administers the drug and by the designated person responsible for security;

(C) A record of all wastage signed by the person administering the drug and the designated person responsible for security; and

(D) A weekly record of verification of the stock on hand, minus the amounts withdrawn for administration, signed by the designated person responsible for security;

(E) A record of disposal of any expired or unwanted sodium pentobarbital. Disposal shall be in a conformance with 21 CFR 1307.21.

(c) Audits. The registrant shall submit to random audits of records and analysis of prepared solutions by the State Board of Pharmacy or its agents.

(2) The fee for registration shall be paid as specified in Division 110 of this chapter of rules.

(3) The Board will suspend or revoke the registration of any humane society or animal control agency which allows a person to administer sodium pentobarbital who is not certified by the Oregon State Veterinary Medical Examining Board to administer such drug.

Stat. Auth.: ORS 475 & 689.205

Stats. Implemented: ORS 689.151 & 689.155

Hist.: 1PB 2-1984, f. & ef. 3-7-84; PB 9-1990, f. & cert. ef. 12-5-90; PB 5-1991, f. & cert. ef. 9-19-91; BP 6-2011(Temp), f. 10-20-11, cert. ef. 10-31-11 thru 4-27-12; BP 7-2011(Temp), f. & cert. ef. 12-15-11 thru 4-27-12

855-080-0103

Training

(1) The individual who will be allowed to administer controlled substances for animal euthanasia shall document completion of a minimum of 8 hours of training in the use of sodium pentobarbital as selected by the designated licensed veterinarian.

(2) Training for individuals who will be allowed to administer controlled substances for animal euthanasia shall be provided by a Doctor of Veterinary Medicine currently licensed in this state; and

(a) May include both lecture and self-study instruction and clinical experience; and

(b) Provide that, at a minimum, the individual demonstrates competency to:

(A) Give inter-cardial, intraperitoneal, and intravenous injections;

(B) Make a positive determination of death;

(C) Handle animals properly in order to ease trauma and stress; and

(D) Accurately document all information required for record keeping.

(3) Proficiency may be shown by completion of a self-assessment program. The designated veterinarian shall endorse the proficiency of trainees.

(4) Documentation of training must be retained at any site practicing euthanasia on animals and must be made available to the Board upon request

Stat. Auth.: ORS 475 & 689.205

Stats. Implemented: ORS 689.151 & 689.155

Hist.: BP 6-2011(Temp), f. 10-20-11, cert. ef. 10-31-11 thru 4-27-12; Suspended by BP 7-2011(Temp), f. & cert. ef. 12-15-11 thru 4-27-12

Rule Caption: Amends licensing fees for registration and renewal of individuals and certain drug outlets.

Adm. Order No.: BP 8-2011

Filed with Sec. of State: 12-15-2011

Certified to be Effective: 12-15-11

Notice Publication Date: 11-1-2011

Rules Amended: 855-110-0005, 855-110-0007, 855-110-0010

Subject: The Board’s 2011-2013 budget as approved, is dependent on fee increases that became effective 7/1/11. The budget was signed into law by Governor Kitzhaber on 6/2/11. These increases amend licensing fees for the registration and renewal for individuals and certain drug outlets. The permanent rule fully adopts the temporary rule that went into effect 7/1/2011.

      A copy of the fee schedule may be obtained from the Board’s web site, www.pharmacy.state.or.us.

Rules Coordinator: Karen MacLean—(971) 673-0001

855-110-0005

Licensing Fees

(1) Pharmacist license examination (NAPLEX) and re-examination fee – $50.

(2) Pharmacist jurisprudence (MPJE) re-examination fee – $25.

(3) Pharmacist licensing by reciprocity fee – $300.

(4) Pharmacist licensing by score transfer fee – $300.

(5) Intern license fee. Expires November 30 every two years – $50.

(6) Pharmacist:

(a) License fee. Expires June 30 annually – $200. Delinquent renewal fee, (postmarked after May 31) – $50.

(b) Electronic Prescription Monitoring Fund fee. Due by June 30 annually – $25. (This is a mandatory fee, required by ORS 431.972 that must be paid with the pharmacist license renewal fee).

(c) Workforce Data Collection fee. Due by June 30 biennially – $5. (This is a mandatory fee, it may be charged annually at $2.50 per year as required by OAR 409-026-0130 that must be paid with the pharmacist license renewal fee.

(7) Certification of approved provider of continuing education course fee, none at this time.

(8) Pharmacy Technician license fee. (This is a one year non-renewable license unless under the age of 19) – $50.

(a) Under 19 years of age expires September 30 annually – $50. Delinquent renewal fee, (postmarked after August 31) – $20.

(9) Certified Pharmacy Technician:

(a) License fee. Expires September 30 annually – $50. Delinquent renewal fee, (postmarked after August 31) – $20.

(b) Workforce Data Collection fee. Due by June 30 biennially – $5. (This is a mandatory fee, it may be charged annually at $2.50 per year as required by OAR 409-026-0130 that must be paid with the Certified Pharmacy Technician license renewal fee.

Stat. Auth.: ORS 689.205

Stats. Implemented: ORS 689.135, ORS 431.972, ORS 676.410

Hist.: 1PB 2-1979(Temp), f. & ef. 10-3-79; 1PB 2-1980, f. &ef. 4-3-80; 1PB 3-1980, f. 5-3-80, ef. 5-3-80 & 7-1-80; 1PB 2-1982, f. 3-8-82, ef. 4-1-82; 1PB 1-1984, f. & ef. 2-16-84; 1PB 3-1985, f. & ef. 12-2-85; PB 3-1988, f. & cert. ef. 5-23-88; PB 7-1989, f. & cert. ef. 5-1-89; PB 15-1989, f. & cert. ef. 12-26-89; PB 10-1990, f. & cert. ef. 12-5-90; PB 3-1991, f. & cert. ef. 9-19-91; PB 1-1992, f. & cert. ef. 1-31-92 (and corrected 2-7-92); PB 4-1992, f. & cert. ef. 8-25-92; PB 1-1994, f. & cert. ef. 2-2-94; PB 1-1996, f. & cert. ef. 4-5-96; PB 2-1997(Temp), f. 10-2-97, cert. ef. 10-4-97; BP 2-1998, f. & cert. ef. 3-23-98; BP 1-2001, f. & cert. ef. 3-5-01; BP 2-2001(Temp), f. & cert. ef. 7-26-01 thru 1-22-02; BP 1-2002, f. & cert. ef. 1-8-02; BP 1-2003, f. & cert. ef. 1-14-03; BP 1-2006, f. & cert. ef. 6-9-06; BP 5-2006(Temp), f. & cert. ef. 8-25-06 thru 1-20-07; BP 9-2006, f. & cert. ef. 12-19-06; BP 5-2009, f. & cert. ef. 12-24-09; BP 5-2010(Temp), f. 5-3-10, cert. ef. 5-4-10 thru 10-30-10; BP 6-2010, f. & cert. ef. 6-29-10; BP 5-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; BP 8-2011, f. & cert. ef. 12-15-11

855-110-0007

Fees for Registration, Renewal, and Reinspection of Drug Outlets

(1) County Health Clinic (including family planning clinics). Expires March 31 annually – $100. Delinquent renewal fee (postmarked after February 28) – $25.

(2) Drug Distribution Agent. Expires September 30 annually – $400. Delinquent renewal fee (postmarked after August 31) – $100.

(3) Drug Room (including correctional facility). Expires March 31 annually – $100. Delinquent renewal fee (postmarked after February 28) – $75.

(4) Manufacturer. Expires September 30 annually – $400. Delinquent renewal fee (postmarked after August 31) – $100.

(5) Medical Device, Equipment & Gas Class C. Expires January 31 annually – $50. Delinquent renewal fee (postmarked after December 31) – $25.

(6) Nonprescription Class A. Expires January 31 annually – $50. Delinquent renewal fee (postmarked after December 31) – $25.

(7) Nonprescription Class B. Expires January 31 annually – $50. Delinquent renewal fee (postmarked after December 31) – $25.

(8) Nonprescription Class D. Expires January 31 annually – $100. Delinquent renewal fee (postmarked after December 31) – $25.

(9) Prophylactic and/or Contraceptive Wholesaler and/or Manufacturer – $100. Expires December 31 annually.

(10) Re-inspection fee – $100. Applies to any re-inspection of a drug outlet occasioned to verify corrections of violations found in an initial inspection.

(11) Retail or Institutional Drug Outlet. Expires March 31 annually – $300. Delinquent renewal fee (postmarked after February 28) – $75.

(12) Wholesaler Class I, Expires September 30 annually – $400. Delinquent renewal fee (postmarked after August 31) – $100.

(13) Wholesaler Class II. Expires September 30 annually – $400. Delinquent renewal fee (postmarked after August 31) – $100.

(14) Remote Dispensing Machine/Facility. Expires March 31 annually – $100. Due by February 28 annually.

(15) Charitable Pharmacy. Expires March 31 annually – $75. Delinquent renewal fee (postmarked after February 28) – $25.

(16) Home Dialysis. Expires March 31 annually – $300. Delinquent renewal fee (postmarked after February 28) – $75.

Stat. Auth.: ORS 689.205

Stats. Implemented: ORS 689.135, 689.774

Hist.: PB 1-1996, f. & cert. ef. 4-5-96; PB 1-1997, f. & cert. ef. 9-22-97; BP 3-1998, f. & cert. ef. 3-23-98; BP 2-2001(Temp), f. & cert. ef. 7-26-01 thru 1-22-02; BP 1-2002, f. & cert. ef. 1-8-02; BP 4-2002, f. 6-27-02, cert. ef. 7-1-02; BP 2-2005, f. 2-14-05, cert. ef. 3-1-05; BP 2-2009(Temp), f. 6-22-09, cert. ef. 6-26-09 thru 12-23-09; BP 5-2009, f. & cert. ef. 12-24-09; BP 6-2010, f. & cert. ef. 6-29-10; BP 5-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; BP 8-2011, f. & cert. ef. 12-15-11

855-110-0010

Fees for Registration for Controlled Substances under ORS 475.095

(1) Animal Euthanasia controlled substance registration fee – $50 annually.

(2) Drug Distribution Agent controlled substance registration fee – $100 annually.

(3) Drug Room (including correctional facility) controlled substance registration fee – $100 annually.

(4) Manufacturer controlled substance registration fee – $100 annually.

(5) Retail or Institutional Drug Outlet controlled substance registration fee – $100 annually.

(6) Schedule II Precursor registration fee – $100 annually.

(7) Wholesaler controlled substance registration fee – $100 annually.

(8) Remote Dispensing Facility controlled substance registration fee – $100 annually.

Stat. Auth.: ORS 689.205

Stats. Implemented: ORS 689.135

Hist.: 1PB 2-1979(Temp), f. & ef. 10-3-79; 1PB 2-1980, f. & ef. 4-3-80; 1PB 6-1982, f. & ef. 8-6-82; 1PB 2-1984, f. & ef. 3-7-84; PB 15-1989, f. & cert. ef. 12-26-89; PB 10-1990, f. & cert. ef. 12-5-90; PB 3-1991, f. & cert. ef. 9-19-91; PB 1-1996, f. & cert. ef. 4-5-96; BP 2-2005, f. 2-14-05, cert. ef. 3-1-05; BP 2-2009(Temp), f. 6-22-09, cert. ef. 6-26-09 thru 12-23-09; BP 5-2009, f. & cert. ef. 12-24-09; BP 5-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; BP 8-2011, f. & cert. ef. 12-15-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

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