Or. Admin. Code § 855-115-0145 - Counseling

(1) For each prescription, the pharmacist must determine the manner and amount of counseling that is reasonable and necessary under the circumstance to promote safe and effective use or administration of the drug or device, and to facilitate an appropriate therapeutic outcome for that patient.

(2) Counseling must be provided or offered to be provided to the patient or patient's agent on the use of a drug or device:

(a) When the drug or device has not been previously dispensed to the patient by the Drug Outlet pharmacy;

(b) When there has been a change in the dose, formulation, or directions;

(c) When the prescription has been transferred to the Drug Outlet pharmacy by oral, written or electronic means; or

(d) For any refill that the pharmacist deems counseling is necessary.

(3) An offer for the pharmacist to counsel under (1) and (2) must be made by a licensee.

(4) The pharmacist must counsel the patient or patient's agent on the use of a drug or device upon request.

(5) When communicating (e.g., counseling, patient care services, billing) with a patient who prefers to communicate in a language other than English or who communicates in signed language, the pharmacist must work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 unless the pharmacist is proficient in the patient's preferred language.

(6) For a prescription where counseling has only been provided in writing, the pharmacist must provide drug information in a format accessible by the patient, including information on when the pharmacist is available and how the patient or patient's agent may contact the pharmacist.

(7) A pharmacist is not required to counsel a patient or patient's agent when the patient or patient's agent refuses such consultation. If refused:

(a) Only a licensee can accept a patient's or patient's agent's request not to be counseled, when counseling is required.

(b) The pharmacist may choose not to release the prescription until counseling has been completed.

(8) Counseling must be provided under conditions that maintain patient privacy and confidentiality.

(9) Counseling, offers to counsel or declinations of counseling regarding prescriptions must be documented with the licensee's identity.

(10) Additional forms of drug information (e.g., Medication Guide, Patient Package Inserts, Instructions for Use) must be used to supplement counseling when required by federal law or rule.

Notes

Or. Admin. Code § 855-115-0145

BP 31-2023, adopt filed 12/19/2023, effective 3/1/2024

Statutory/Other Authority: ORS 689.205

Statutes/Other Implemented: ORS 689.151, ORS 689.155