(a) "Elderly person" means a person who is 65 years of age or older;

(b) "Person with a disability" has the meaning given that term in ORS 410.040; and

(c) "Psychotropic medication" has the meaning given that term in ORS 418.517.

(2) The Department of Human Services, in collaboration with the State Board of Pharmacy, the Oregon Medical Board, the Oregon State Board of Nursing and the Long Term Care Ombudsman, shall adopt rules related to the prescription of a psychotropic medication to an elderly person or a person with a disability who resides in:

(a) An adult foster home, as defined in ORS 443.705;

(b) A residential care facility, as defined in ORS 443.400; or

(c) A long term care facility, as defined in ORS 442.015.

(3) The requirements of this section do not apply to an elderly person or person with a disability in a hospice program, as defined in ORS 443.850.

(4) The rules adopted under subsection (2) of this section must include, but are not limited to, requirements that:

(a) If a prescription of psychotropic medication is written by a licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability, the prescription must be reviewed by the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability to:

(A) Limit the adverse side effects of the psychotropic medication; and

(B) Ensure that the psychotropic medication is prescribed in the lowest possible effective dosage;

(b) A licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability who prescribes a psychotropic medication notify the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability of the prescription not later than 24 hours after issuing the prescription;

(c) Psychotropic medication prescribed by a licensed health care practitioner other than the primary care provider or mental health care provider, or other licensed health care practitioner designated by the department, of the elderly person or person with a disability may be in an amount sufficient for a seven-day supply; and

(d) The facility or home in which the elderly person or person with a disability resides demonstrates that:

(A) A person-centered assessment has been performed for the elderly person or person with a disability; and

(B) Based on the findings of the assessment, the best course of treatment, including the use of nonpharmacological interventions, psychotropic medication or a combination of nonpharmacological interventions and psychotropic medication, is followed.

(5) The department may adopt other rules necessary to carry out the provisions of this section. [2017 c.503 §1]

Note: 443.878 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.