Or. Admin. Code § 855-139-0300

Current through Register Vol. 63, No. 10, October 1, 2024

Section 855-139-0300 - Prescription: General Requirements

(1) Prescriptions, prescription refills, and drug orders must be correctly dispensed in accordance with the prescribing practitioner's authorization. When a prescription is transmitted orally, it must be transmitted to the Oregon licensed Pharmacist from the RDSP Affiliated Pharmacy and both the receiving pharmacist's name or initials and the name of the person transmitting must be noted on the prescription.

(2) Each RDSP must document the following information for each prescription:

(a) The name and date of birth of the patient for whom the drug is prescribed, unless for an animal.

(b) If for an animal, the name of the patient, name the owner and the species of the animal.

(c) The full name, address, and contact phone number of the practitioner. If for a controlled substance, the Drug Enforcement Administration registration number of the practitioner and other number as authorized under rules adopted by reference under rule OAR 855-080-0085;

(d) The name, strength, dosage forms of the substance, quantity prescribed and, if different from the quantity prescribed, the quantity dispensed;

(e) The directions for use, if given by the practitioner; and

(f) The date of filling, and the total number of refills authorized by the prescribing practitioner.

(3) In accordance with ORS 689.515(3), a practitioner may specify in writing, by a telephonic communication or by electronic transmission that there may be no substitution for the specified brand name drug in a prescription.

(a) For a hard copy prescription issued in writing or a prescription orally communicated over the telephone, instruction may use any one of the following phrases or notations:

(A) No substitution;

(B) N.S.;

(C) Brand medically necessary;

(D) Brand necessary;

(E) Medically necessary;

(F) D.A.W. (Dispense As Written); or

(G) Words with similar meaning.

(b) For an electronically transmitted prescription, the prescriber or prescriber's agent must clearly indicate substitution instructions by way of the text (without quotes) "brand medically necessary" or words with similar meaning, in the electronic prescription drug order, as well as all relevant electronic indicators sent as part of the electronic prescription transmission.

(c) Such instructions must not be default values on the prescription.

(4) A RDSP or Oregon licensed Pharmacist filling a prescription or order for a biological product may not substitute a biosimilar product for the prescribed biological product unless:

(a) The biosimilar product has been determined by the United States Food and Drug Administration to be interchangeable with the prescribed biological product;

(b) The prescribing practitioner has not designated on the prescription that substitution is prohibited;

(c) The patient for whom the biological product is prescribed is informed of the substitution prior to dispensing the biosimilar product;

(d) The RDSP or Oregon licensed Pharmacist provides written, electronic or telephonic notification of the substitution to the prescribing practitioner or the prescribing practitioner's staff within three (3) business days of dispensing the biosimilar product; and

(5) The RDSP must dispense prescriptions accurately and to the correct party.

Or. Admin. Code § 855-139-0300

BP 43-2021, adopt filed 12/16/2021, effective 1/1/2022

Statutory/Other Authority: ORS 689.205 & ORS 689.522

Statutes/Other Implemented: ORS 689.505, ORS 689.515 & ORS 689.522