Oregon Statutes 689.564 – Language requirements for prescription drug labels; exceptions; interpretation and translation services; rules
(1) The State Board of Pharmacy shall adopt rules to require that, if a patient is of limited English proficiency and the prescribing practitioner, patient or an authorized representative of the patient so requests, a prescription drug dispensed by a pharmacy bear a label in both English and in the language requested and, if authorized by the board by rule, include an informational insert in both English and the language requested. The rules adopted under this section must:
Terms Used In Oregon Statutes 689.564
- Contract: A legal written agreement that becomes binding when signed.
- Drug outlet: means a pharmacy, nursing home, shelter home, convalescent home, extended care facility, drug abuse treatment center, penal institution, hospital, family planning clinic, student health center, retail store, wholesaler, manufacturer, mail-order vendor or other establishment with facilities located within or out of this state that is engaged in dispensing, delivery or distribution of drugs within this state. See Oregon Statutes 689.005
- Intern: means a person who is enrolled in or has completed a course of study at a school or college of pharmacy approved by the board and who is licensed with the board as an intern. See Oregon Statutes 689.005
- Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy or to engage in the practice of clinical pharmacy. See Oregon Statutes 689.005
- Pharmacy: means a place that meets the requirements of rules of the board, is licensed and approved by the board where the practice of pharmacy may lawfully occur and includes apothecaries, drug stores, dispensaries, hospital outpatient pharmacies, pharmacy departments and prescription laboratories but does not include a place used by a manufacturer or wholesaler. See Oregon Statutes 689.005
- Practitioner: means a person licensed and operating within the scope of such license to prescribe, dispense, conduct research with respect to or administer drugs in the course of professional practice or research:
(a) In this state; or
(b) In another state or territory of the United States if the person does not reside in Oregon and is registered under the federal Controlled Substances Act. See Oregon Statutes 689.005
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Define ‘limited English proficiency.’
(b) Determine the pharmacies to which the requirements of this section apply, and include at least retail drug outlets and other drug outlets that dispense prescription drugs.
(c) Determine for which prescription drugs it is appropriate to include an informational insert in addition to the label. In adopting rules under this paragraph, the board shall consider the complexity and length of the directions for use of the prescription drug.
(d)(A) Require that labels and informational inserts be available in at least 14 languages other than English that are spoken in Oregon by individuals who are of limited English proficiency, as determined by the most recent American Community Survey from the United States Census Bureau and in consultation with the Oregon Health Authority and other necessary resources.
(B) Require the board to reassess, and update as necessary, the languages described in this paragraph at least once every 10 years, in consultation with the authority and other stakeholders.
(2)(a) A pharmacy may contract with a third party for the translation of the labels and informational inserts required under subsection (1) of this section.
(b) A pharmacy, pharmacist or pharmacy intern that dispenses a prescription drug in compliance with the requirements of subsection (1) of this section may not be held liable for injuries resulting from the actions of a third party if the pharmacy from which the label or informational insert was dispensed entered into a contract with the third party in good faith, and the pharmacy, pharmacist or pharmacy intern was not negligent with regard to the alleged misconduct of the third party.
(3) This section does not apply to an institutional drug outlet.
(4) The board may adopt other rules as necessary to carry out this section.
(5) The board shall, in consultation with the Oregon Health Authority, adopt rules to require that a pharmacy post signage to provide notification of the right to free, competent oral interpretation and translation services for patients who are of limited English proficiency. Rules adopted under this subsection must comply with any relevant federal laws and regulations. [2019 c.465 § 2]
[1999 c.874 1,2,3,4; repealed by 2007 c.272 § 13]
[Amended by 1969 c.514 § 40; 1973 c.829 § 69; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[Amended by 1969 c.514 § 45; repealed by 1973 c.743 § 9 and by 1973 c.829 § 71]
[Amended by 1965 c.580 § 9; 1969 c.514 § 44; 1973 c.427 § 35; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[1969 c.514 § 43; repealed by 1973 c.427 § 36 (689.596 enacted in lieu of 689.595)]
[1973 c.427 § 37 (enacted in lieu of 689.595); repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[Amended by 1969 c.514 § 39; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
MISCELLANEOUS