Oregon News: Duty to Report

February 1, 2009 2:44 pm Topics: Mandatory reporting

Published in the February 2009 Oregon State Board of Pharmacy Newsletter

Following its December meeting, the Board suggested it is time to revisit and review the pharmacist’s and pharmacy technician’s duty to report suspected violations. Sometimes referred to as the “snitch rule,” the duty to report is described in ORS Chapter 689, of the Oregon Pharmacy Act. ORS 689.455 Report of suspected violations; liability for reporting; confidentiality of report states:

(1) A pharmacist or pharmacy technician shall report to the State Board of Pharmacy any suspected violations of this chapter or of ORS 475.005 to 475.285 and 475.940 to 475.999.
(2) Any pharmacist or pharmacy technician who reports to the board as required by subsection (1) of this section in good faith shall not be subject to an action for civil damages as a result thereof.
(3) Any information that the board obtains pursuant to ORS 689.405 or 689.445 or this section is confi¬dential as provided under ORS 676.175.

ORS Chapter 475 referred to in section 1 is the Oregon Uniform Controlled Substances Act. ORS Chapter 676 referred to in section 3 relates to “Health Professions Generally” and details the issues around complaints and disciplinary action against health care profession¬als. ORS 676.070 Immunity of information providers states:

A person who reports or supplies information in good faith to a health professional regulatory board or to a committee reporting to a health professional regulatory board shall be immune from an action for civil damages as a result thereof.

These statutes can be found on the state of Oregon Web site at www.oregon.gov/ under the Government/State Government section, State Laws and Regulations. All pharmacists and pharmacy technicians should be familiar with them.