Bill Text: OR SB164 | 2013 | Regular Session | Introduced

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Bill Title: Relating to evidence-based information about pharmaceuticals; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB164 Detail]

Download: Oregon-2013-SB164-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1276

                         Senate Bill 164

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Health Care, Human Services and Rural Health Policy for Pfizer)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Oregon Health Authority, with advice of Pharmacy and
Therapeutics Committee, to adopt by rule conduct and
communication standards for academic detailing.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to evidence-based information about pharmaceuticals;
  creating new provisions; amending ORS 414.353; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 414.351 to 414.414. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Academic detailing' means providing evidence-based
information, through education or outreach, to guide drug therapy
and prescribing decisions by pharmaceutical prescribers and
dispensers.
  (b) 'Dispenser' means a pharmacy, mail order prescription
pharmacy or any person licensed to dispense prescription drugs
under ORS chapter 689.
  (c) 'Prescriber' means a person who is licensed or certified to
prescribe and administer prescription drugs in this state.
  (2) The Oregon Health Authority, with the advice of the
Pharmacy and Therapeutics Committee, shall adopt by rule conduct
and communication standards for academic detailing that are
consistent with standards used by the committee in its drug use
review under ORS 414.351 to 414.414. The standards must:
  (a) Be consistent with federal requirements that govern
academic detailing by pharmaceutical companies;
  (b) Require that evidence used in academic detailing be
reviewed for scientific accuracy and balance and be held to
standards equivalent to the standards that the United States Food
and Drug Administration applies to communications from
pharmaceutical companies regarding brand-name prescription drugs;
  (c) Require that continuing medical education programs on
academic detailing adhere to requirements imposed by the
Accreditation Council for Continuing Medical Education; and
  (d) Ensure that academic detailing does not create barriers to
necessary care or focus solely on cost but helps health care
professionals to make the right choices for patients.
  (3) A person engaged in academic detailing must comply with the
standards adopted by the authority under this section. + }
  SECTION 3.  { + (1) The Oregon Health Authority shall adopt the
standards described in section 2 of this 2013 Act no later than
January 1, 2014.
  (2) The authority shall report to the house interim committee
on health care no later than October 1, 2014, on the impact on
patient outcomes and physician knowledge of the standards adopted
under section 2 of this 2013 Act. + }
  SECTION 4. ORS 414.353 is amended to read:
  414.353. (1) There is created an 11-member Pharmacy and
Therapeutics Committee responsible for advising the Oregon Health
Authority on { + :
  (a) + } The implementation of the retrospective and prospective
programs   { - and on - }  { + ;
  (b) + } The Practitioner-Managed Prescription Drug Plan
 { - . - }  { + ; and
  (c) Standards for academic detailing. + }
  (2) The Director of the Oregon Health Authority shall appoint
the members of the committee, who shall serve at the pleasure of
the director for a term of three years. An individual appointed
to the committee may be reappointed upon completion of the
individual's term. The membership of the committee shall be
composed of the following:
  (a) Five persons licensed as physicians and actively engaged in
the practice of medicine or osteopathic medicine in Oregon, who
may be from among persons recommended by organizations
representing physicians;
  (b) Four persons licensed in and actively practicing pharmacy
in Oregon who may be from among persons recommended by
organizations representing pharmacists whether affiliated or
unaffiliated with any association; and
  (c) Two persons who are not physicians or pharmacists.
  (3) If the committee determines that it lacks current clinical
or treatment expertise with respect to a particular therapeutic
class, or at the request of an interested outside party, the
director shall appoint one or more medical experts otherwise
qualified as described in subsection (2)(a) of this section who
have such expertise. The medical experts shall have full voting
rights with respect to recommendations made under ORS 414.361 (3)
and (4). The medical experts may participate but may not vote in
any other activities of the committee.
  (4) The director shall fill a vacancy on the committee by
appointing a new member to serve the remainder of the unexpired
term.
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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