HB 4131

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4131
Sponsored by Representatives PHAM H, NOSSE, RIEKE SMITH, Senator PATTERSON; Represen-
   tatives ANDERSEN, GAMBA, GOMBERG, HARBICK, HARTMAN, ISADORE, JAVADI, LEVY
   B, MCDONALD, MCINTIRE, MUNOZ, NELSON, WALLAN, WATANABE, WISE, Senators
   CAMPOS, FREDERICK, GOLDEN, MEEK, NERON MISSLIN, REYNOLDS, SMITH DB,
   SOLLMAN, WEBER (Presession filed.)
  CHAPTER .................................................
  AN ACT
Relating to mobile pharmacies; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
    SECTION 1. Section 2 of this 2026 Act is added to and made a part of ORS chapter 689.
    SECTION 2. (1) The State Board of Pharmacy shall issue a license to operate a mobile
pharmacy to an applicant that is a retail drug outlet registered under ORS 689.305 with a
permanent physical location and that:
    (a) Is one of the following entities:
    (A) A critical access pharmacy, as defined by the Oregon Health Authority by rule;
    (B) A hospital, as defined in ORS 442.015;
    (C) A federally qualified health center; or
    (D) The governing body of a county;
    (b) Pays the licensure fee established by the board by rule; and
    (c) Meets any other requirements established by the board by rule.
    (2) A mobile pharmacy licensed under this section shall:
    (a) Have at least one pharmacist physically present at the mobile pharmacy during the
mobile pharmacy’s hours of operation;
    (b) Maintain records of the drugs transferred from the retail drug outlet’s permanent
location to the mobile pharmacy and of the drugs dispensed from the mobile pharmacy;
    (c) Record in the retail drug outlet’s records the drugs dispensed from the mobile phar-
macy within 24 hours of dispensation;
    (d) Store drugs in a manner that prevents diversion and meets any storage requirements
specified by the drug manufacturer;
    (e) Store all drugs, devices and related supplies in compliance with requirements adopted
by the board by rule;
    (f) Store and handle any controlled substances in compliance with requirements estab-
lished by the Drug Enforcement Administration of the United States Department of Justice
relating to the storage of controlled substances by mobile pharmacies and with any rules
adopted by the board;
Enrolled House Bill 4131 (HB 4131-A)  Page 1
    (g) Establish and maintain a patient communication plan to ensure that a patient may
access refills of the patient’s prescription drugs in the event that the mobile pharmacy is
unavailable at the time when the patient requires refills; and
    (h) Establish and maintain a communication plan with each governing body of the local
public health authority, as defined in ORS 431.003, with jurisdiction over each area in which
the mobile pharmacy operates to ensure the pharmacist at the mobile pharmacy complies
with any reporting requirements of the local public health authority regarding communicable
diseases.
    (3) A mobile pharmacy may not:
    (a) Operate in the same physical location for more than 10 consecutive days per period
determined by the board by rule.
    (b) Operate for more than 14 consecutive days per period determined by the board by rule
within the same five-mile radius.
    (4) The board shall adopt rules to carry out this section. The rules adopted under this
section:
    (a) Must create exceptions to the limitations described in subsection (3) of this section
for declared public health emergencies and declared states of emergency related to natural
disasters affecting the area in which a mobile pharmacy operates.
    (b) May allow a mobile pharmacy to operate at the same location as a mobile dental
service.
    (5) Moneys from fees collected under this section shall be deposited in the State Board
of Pharmacy Account established under ORS 689.139.
    SECTION 3. (1) Section 2 of this 2026 Act becomes operative on January 1, 2027.
    (2) The State Board of Pharmacy may take any action before the operative date specified
in subsection (1) of this section that is necessary to enable the board to exercise, on and
after the operative date specified in subsection (1) of this section, all of the duties, functions
and powers conferred on the board by section 2 of this 2026 Act.
    SECTION 4. This 2026 Act takes effect on the 91st day after the date on which the 2026
regular session of the Eighty-third Legislative Assembly adjourns sine die.
Passed by House February 27, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate March 4, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4131 (HB 4131-A)  Page 2