Oregon Board of Pharmacy
NOTICE FOR INVITATION
OF
PUBLIC COMMENT
NOTICE FOR INVITATION OF PUBLIC COMMENT
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.
Invitation for Public Comment
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 comment 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, 2023 at 4:30pm. 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).
Proposed Amendments
OAR 855-115-0150(3) Pharmacist: Prohibited Practices
Petitioner’s proposed amendment:
“Pharmacists must not:”
“(3) Diagnose.”
If you have any questions, please reach out to the Rules Coordinator, at pharmacy.rulemaking@bop.oregon.gov
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