As used in this chapter:
(1) “Administer” means the direct application of a drug or device
whether by injection, inhalation, ingestion, or any other means, to the
body of a patient or research subject by:
(a) A practitioner or the authorized agent thereof; or
(b) The patient or research subject at the direction of the
practitioner.
(2) “Approved continuing pharmacy education program” means those
seminars, classes, meetings, workshops and other educational programs on
the subject of pharmacy approved by the board.
(3) “Board of pharmacy” or “board” means the State Board of
Pharmacy.
(4) “Continuing pharmacy education” means professional,
pharmaceutical post-graduate education in the general areas of
socio-economic and legal aspects of health care; the properties and
actions of drugs and dosage forms; and the etiology, characteristics and
therapeutics of the disease state.
(5) “Continuing pharmacy education unit” means the unit of
measurement of credits for approved continuing education courses and
programs.
(6) “Deliver” or “delivery” means the actual, constructive or
attempted transfer of a drug or device other than by administration from
one person to another, whether or not for a consideration.
(7) “Device” means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent or other similar or related
article, including any component part or accessory, which is required
under federal or state law to be prescribed by a practitioner and
dispensed by a pharmacist.
(8) “Dispense” or “dispensing” means the preparation and delivery
of a prescription drug pursuant to a lawful order of a practitioner in a
suitable container appropriately labeled for subsequent administration to
or use by a patient or other individual entitled to receive the
prescription drug.
(9) “Distribute” means the delivery of a drug other than by
administering or dispensing.
(10) “Drug” means:
(a) Articles recognized as drugs in the official United States
Pharmacopoeia, official National Formulary, official Homeopathic
Pharmacopoeia, other drug compendium or any supplement to any of them;
(b) Articles intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in a human or other animal;
(c) Articles (other than food) intended to affect the structure or
any function of the body of humans or other animals; and
(d) Articles intended for use as a component of any articles
specified in paragraph (a), (b) or (c) of this subsection.
(11) “Drug order” means a written order, in a hospital or other
inpatient care facility, for an ultimate user of any drug or device
issued and signed by a practitioner, or an order transmitted by other
means of communication from a practitioner, that is immediately reduced
to writing by a pharmacist, licensed nurse or other practitioner.
(12) “Drug outlet” means any 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.
(13) “Drug room” means a secure and lockable location within an
inpatient care facility that does not have a licensed pharmacy.
(14) “Electronically transmitted” or “electronic transmission”
means a communication sent or received through technological apparatuses,
including computer terminals or other equipment or mechanisms linked by
telephone or microwave relays, or any similar apparatus having
electrical, digital, magnetic, wireless, optical, electromagnetic or
similar capabilities.
(15) “Institutional drug outlet” means hospitals and inpatient care
facilities where medications are dispensed to another health care
professional for administration to patients served by the hospitals or
facilities.
(16) “Intern” means any person who has completed the junior or
third academic year of a course of study at an approved college of
pharmacy and is licensed with the board as an intern.
(17) “Internship” means a professional and practical experience
program approved by the board under the supervision of a licensed
pharmacist registered with the board as a preceptor.
(18) “Itinerant vendor” means all persons who sell or otherwise
distribute nonprescription drugs by passing from house to house, or by
haranguing the people on the public streets or in public places, or who
use the customary devices for attracting crowds and therewith
recommending their wares and offering them for sale.
(19) “Labeling” means the process of preparing and affixing of a
label to any drug container exclusive, however, of the labeling by a
manufacturer, packer or distributor of a nonprescription drug or
commercially packaged legend drug or device. Any such label shall include
all information required by federal and state law or regulation.
(20) “Manufacture” means the production, preparation, propagation,
compounding, conversion or processing of a device or a drug, either
directly or indirectly by extraction from substances of natural origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis and includes any packaging or
repackaging of the substances or labeling or relabeling of its container,
except that this term does not include the preparation or compounding of
a drug by an individual for their own use or the preparation,
compounding, packaging or labeling of a drug:
(a) By a practitioner as an incident to administering or dispensing
of a drug in the course of professional practice; or
(b) By a practitioner or by the practitioner’s authorization under
supervision of the practitioner for the purpose of or as an incident to
research, teaching or chemical analysis and not for sale.
(21) “Manufacturer” means a person engaged in the manufacture of
drugs.
(22) “Nonprescription drug outlet” means shopkeepers and itinerant
vendors registered under ORS 689.305.
(23) “Nonprescription drugs” means drugs which may be sold without
a prescription and which are prepackaged for use by the consumer and
labeled in accordance with the requirements of the statutes and
regulations of this state and the federal government.
(24) “Person” means an individual, corporation, partnership,
association or any other legal entity.
(25) “Pharmacist” means an individual licensed by this state to
engage in the practice of pharmacy.
(26) “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.
(27) “Pharmacy technician” means a person licensed by the State
Board of Pharmacy who assists the pharmacist in the practice of pharmacy
pursuant to rules of the board.
(28) “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 not residing
in Oregon and registered under the federal Controlled Substances Act.
(29) “Preceptor” means a pharmacist licensed and in good standing,
registered by the board to supervise the internship training of a
licensed intern.
(30) “Prescription drug” or “legend drug” means a drug which is:
(a) Required by federal law, prior to being dispensed or delivered,
to be labeled with either of the following statements:
(A) “Caution: Federal law prohibits dispensing without
prescription”; or
(B) “Caution: Federal law restricts this drug to use by or on the
order of a licensed veterinarian”; or
(b) Required by any applicable federal or state law or regulation
to be dispensed on prescription only or is restricted to use by
practitioners only.
(31) “Prescription” or “prescription drug order” means a written,
oral or electronically transmitted direction, given by a practitioner
authorized to prescribe drugs, for the preparation and use of a drug.
When the context requires, “prescription” also means the drug prepared
under such written, oral or electronically transmitted direction.
(32) “Retail drug outlet” means a place used for the conduct of the
retail sale, administering or dispensing or compounding of drugs or
chemicals or for the administering or dispensing of prescriptions and
licensed by the board as a place wherein the practice of pharmacy may
lawfully occur.
(33) “Shopkeeper” means a business or other establishment, open to
the general public, for the sale or nonprofit distribution of drugs.
(34) “Unit dose” means a sealed single-unit container so designed
that the contents are administered to the patient as a single dose,
direct from the container. Each unit dose container must bear a separate
label, be labeled with the name and strength of the medication, the name
of the manufacturer or distributor, an identifying lot number and, if
applicable, the expiration date of the medication.
(35) “Wholesale drug outlet” means any person who imports, stores,
distributes or sells for resale any drugs including legend drugs and
nonprescription drugs.
(36) “Class I wholesaler” means any person operating or maintaining
a wholesale distribution center, wholesale business or any other business
in which drugs, medicinal chemicals, or poisons are sold, dispensed,
stocked, exposed or offered for sale at wholesale to a pharmacy or other
legally licensed drug outlets or persons.
(37) “Class II wholesaler” means any person operating or
maintaining a wholesale distribution center, wholesale business or any
other business in which nonprescription drugs are offered for sale at
wholesale to a drug outlet legally authorized to resell. [1979 c.777 §5;
1983 c.402 §1; 1985 c.565 §94; 1987 c.108 §1; 1989 c.608 §1; 1991 c.682
§1; 1993 c.272 §1; 1993 c.571 §1; 1997 c.729 §1; 1999 c.350 §2; 2001
c.623 §6; 2005 c.313 §11] The “practice of pharmacy”
means the interpretation and evaluation of prescription orders; the
compounding, dispensing, labeling of drugs and devices (except labeling
by a manufacturer, packer or distributor of nonprescription drugs and
commercially packaged legend drugs and devices); the administering of
vaccines and immunizations pursuant to ORS 689.645; the administering of
drugs and devices to the extent permitted under ORS 689.655; the
participation in drug selection and drug utilization reviews; the proper
and safe storage of drugs and devices and the maintenance of proper
records therefor; the responsibility for advising, where necessary or
where regulated, of therapeutic values, content, hazards and use of drugs
and devices; the monitoring of therapeutic response or adverse effect to
drug therapy; and the offering or performing of those acts, services,
operations or transactions necessary in the conduct, operation,
management and control of pharmacy. [1979 c.777 §4; 1999 c.350 §3] (1) The practice of pharmacy in the State
of Oregon is declared a professional practice affecting the public
health, safety and welfare and is subject to regulation and control in
the public interest. It is further declared to be a matter of public
interest and concern that the practice of pharmacy, as defined in this
chapter, merit and receive the confidence of the public and that only
qualified persons be permitted to engage in the practice of pharmacy in
the State of Oregon. This chapter shall be liberally construed to carry
out these objects and purposes.
(2) It is the purpose of this chapter to promote, preserve and
protect the public health, safety and welfare by and through the
effective control and regulation of the practice of pharmacy and of the
registration of drug outlets engaged in the manufacture, production, sale
and distribution of drugs, medications, devices and such other materials
as may be used in the diagnosis and treatment of injury, illness and
disease. [1979 c.777 §§2,3; 1985 c.565 §95] This chapter shall be known as the “Oregon
Pharmacy Act.” [1979 c.777 §1; 1985 c.565 §96]If any provision of ORS 167.203, 414.325,
430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.840, 475.906
and 616.855 and ORS chapter 689 is declared unconstitutional or illegal,
or the applicability of ORS 167.203, 414.325, 430.405, 435.010, 453.025,
475.005, 475.135, 475.185, 475.840, 475.906 and 616.855 and ORS chapter
689 to any person or circumstances is held invalid by a court of
competent jurisdiction, the constitutionality or legality of the
remaining provisions of ORS 167.203, 414.325, 430.405, 435.010, 453.025,
475.005, 475.135, 475.185, 475.840, 475.906 and 616.855 and ORS chapter
689 and the application of ORS 167.203, 414.325, 430.405, 435.010,
453.025, 475.005, 475.135, 475.185, 475.840, 475.906 and 616.855 and ORS
chapter 689 to other persons and circumstances shall not be affected and
shall remain in full force and effect without the invalid provision or
application. [1979 c.777 §63; 1999 c.605 §6; 1999 c.1051 §137]Note: 689.045 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 689 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.STATE BOARD OF PHARMACY (1) The
State Board of Pharmacy shall consist of seven members, two of whom shall
be representatives of the public, and the remaining five of whom shall be
licensed pharmacists. The members shall possess the qualifications
specified in subsections (2) and (3) of this section.
(2) The public members of the State Board of Pharmacy shall be
residents of this state who have attained the age of majority and shall
not be nor shall they ever have been a member of the profession of
pharmacy, or persons who have any immediate family in the profession of
pharmacy or persons who have ever had any material financial interest in
the providing of pharmacy service or who have engaged in any activity
directly related to the practice of pharmacy.
(3) The licensed pharmacist members of the board shall at the time
of their appointment:
(a) Be residents of this state;
(b) Be licensed and in good standing to engage in the practice of
pharmacy in this state;
(c) Be engaged in the practice of pharmacy in this state; and
(d) Have five years of experience in the practice of pharmacy in
this state after licensure.
(4) The Governor shall appoint the members of the State Board of
Pharmacy, subject to the advice and consent of the Senate, and in
accordance with the other provisions of subsection (5) of this section.
(5) At least five recommendations for appointment to each vacancy
on the board may be made to the Governor by a task force assembled by the
Oregon State Pharmacists Association to represent all of the interested
pharmacy groups. Such nominations shall be recommendations only and shall
not be binding in any manner upon the Governor.
(6) Any vacancy which occurs in the membership of the board for any
reason, including expiration of term, removal, resignation, death,
disability or disqualification, shall be filled by the Governor in the
manner prescribed by subsections (4) and (5) of this section. The
Governor shall fill vacancies which occur by expiration of full terms
within 90 days prior to each date of expiration, and shall fill vacancies
which occur for any other reason within 60 days after each such vacancy
occurs. [1979 c.777 §§7,8,9,11; 1987 c.108 §2] (1) Except as provided in
subsection (2) of this section, members of the State Board of Pharmacy
shall be appointed for a term of four years, except that members of the
board who are appointed to fill vacancies which occur prior to the
expiration of a former member’s full term shall serve the unexpired
portion of such term.
(2)(a) The terms of the members of the board shall be staggered, so
that the terms of no more than two members shall expire in any year.
(b) The present members of the board shall serve the balance of
their terms.
(c) Any present board member appointed initially for a term of less
than four years shall be eligible to serve for two additional full terms.
(3) No member of the board shall serve more than two consecutive
full terms. The completion of the unexpired portion of a full term shall
not constitute a full term for purposes of this section.
(4) An appointee to a full term on the board shall be appointed by
the Governor before the expiration of the terms of the member being
succeeded, and shall become a member of the board on the first day of the
state fiscal year next following the appointment. Appointees to unexpired
portions of full terms shall become members of the board on the day next
following such appointment. In the event the number of board members is
increased, the term of any new member shall commence at such time as is
designated in the statute providing for the enlargement of the board.
(5) Each term of office on the board shall expire at midnight on
the last day of the state fiscal year in the final year of the board
member’s term or on the date the successor is appointed and qualified,
except for Senate confirmation, whichever shall later occur.
(6) The Governor may remove a member of the board, pursuant to the
procedures set forth in subsection (7) of this section upon one or more
of the following grounds:
(a) The refusal or inability for any reason of a board member to
perform the duties of a member of the board in an efficient, responsible
and professional manner;
(b) The misuse of office by a member of the board to obtain
personal, pecuniary or material gain or advantage for self or for another
through such office; or
(c) The violation by any member of this chapter or any of the rules
adopted hereunder.
(7) The procedures shall be as stated in ORS chapter 183 to remove
a member of the board from office for any of the grounds specified by
subsection (6) of this section. [1979 c.777 §§10,12; 1985 c.565 §97] (1) The State Board of
Pharmacy shall have such other duties, powers and authority as may be
necessary to the enforcement of this chapter and to the enforcement of
board rules made pursuant thereto, which shall include, but are not
limited to, the following:
(a) Cause to have printed and circulated annually copies of any
changes in the laws relating to pharmacy, controlled substances, drugs
and poisons and the rules adopted to enforce such laws, and set
reasonable charges therefor.
(b) Appoint advisory committees.
(2) The board may join such professional organizations and
associations organized exclusively to promote the improvement of the
standards of the practice of pharmacy for the protection of the health
and welfare of the public and whose activities assist and facilitate the
work of the board.
(3) In addition to any statutory requirements, the board may
require such surety bonds as it deems necessary to guarantee the
performance and discharge of the duties of any officer or employee
receiving and disbursing funds.
(4) The executive director of the board shall keep the seal of the
board and shall affix it only in such manner as may be prescribed by the
board.
(5) The board shall determine within 30 days prior to the beginning
of each state fiscal year the fees to be collected for:
(a) Examinations and reexaminations, which fee shall not exceed
$400.
(b) Pharmacist licenses, which fee shall not exceed $250.
(c) Pharmacist licensing by reciprocity, which fee shall not exceed
$300.
(d) Intern license, which fee shall not exceed $50.
(e) Duplicate pharmacist certificate, which fee shall not exceed
$50.
(f) Pharmacist license, delinquent renewal fee, which fee shall not
exceed $50.
(g) Certification of approved providers of continuing education
courses, which fee shall not exceed $300.
(h) Registration of drug outlets other than pharmacies and renewal
of registration, which fee shall not exceed $500.
(i) Initial pharmacy or institutional drug outlet, which fee shall
not exceed $300.
(j) Annual pharmacy or institutional drug outlet, which fee shall
not exceed $300.
(k) Pharmacy or institutional drug outlet delinquent renewal fee,
which fee shall not exceed $200.
(L) Nonprescription drug outlets, which fee shall not exceed $50.
(m) Nonprescription drug outlet delinquent renewal fee, which fee
shall not exceed $50.
(n) Reinspection fee, which fee shall not exceed $100.
(o) Drug outlets, other than pharmacies or institutional drug
outlets, delinquent renewal fee, which fee shall not exceed $100.
(6) All moneys collected either as costs or fines under ORS 435.010
to 435.130, 453.175, 453.185 and 453.990 and this chapter shall be paid
by the magistrate or other officer receiving them to the treasurer of the
county where the prosecution is conducted. These moneys shall be applied,
first, to the payment of the costs of such prosecution. The remainder
shall be paid by the county treasurer into the State Treasury and, in the
case of:
(a) All moneys except criminal fines, placed to the credit of the
State Board of Pharmacy Account established in ORS 689.139 to be used
only for the administration and enforcement of ORS 435.010 to 435.130 and
this chapter.
(b) Criminal fines, placed to the credit of the Criminal Fine and
Assessment Account.
(7) Except as provided in subsection (6) of this section, all
moneys received under ORS 435.010 to 435.130, 453.185 and 453.990 and
this chapter shall be paid into the State Treasury and placed to the
credit of the State Board of Pharmacy Account to be used only for the
administration and enforcement of ORS 435.010 to 435.130 and this chapter.
(8) The board may receive and expend funds, in addition to its
biennial appropriation, from parties other than the state, provided:
(a) Such moneys are awarded for the pursuit of a specific objective
which the board is authorized to accomplish by this chapter, or which the
board is qualified to accomplish by reason of its jurisdiction or
professional expertise;
(b) Such moneys are expended for the pursuit of the objective for
which they are awarded;
(c) Activities connected with or occasioned by the expenditures of
such funds do not interfere with or impair the performance of the board’s
duties and responsibilities and do not conflict with the exercise of the
board’s powers as specified by this chapter;
(d) Such moneys are kept in a separate, special state account; and
(e) Periodic reports are made to the Governor concerning the
board’s receipt and expenditure of such moneys.
(9) The board may assign to each drug outlet under its
jurisdiction, a uniform state number, coordinated where possible with all
other states which adopt the same uniform numbering system.
(10) The board or its authorized representatives shall also have
power to investigate and gather evidence concerning alleged violations of
the provisions of this chapter or of the rules of the board.
(11) The president and vice president of the board may administer
oaths in connection with the duties of the board.
(12) The books, registers and records of the board as made and kept
by the executive director or under the supervision of the executive
director, subject to the direction of the board, shall be prima facie
evidence of the matter recorded therein, in any court of law.
(13) The board may administer oaths, issue notices and subpoenas in
the name of the board, enforce subpoenas in the manner authorized by ORS
183.440, hold hearings and perform such other acts as are reasonably
necessary to carry out its duties under this chapter.
(14)(a) Notwithstanding anything in this chapter to the contrary,
whenever a duly authorized representative of the board finds or has
probable cause to believe that any drug or device is adulterated,
misbranded or a new drug, as defined in Section 201(p) of the Federal
Food, Drug and Cosmetic Act, for which there is no approval in effect
pursuant to Section 505(b) of the federal Act nor an approved notice of
claimed investigational exemption pursuant to Section 505(i) of the
federal Act, or otherwise rendered unsafe for use as a result of fire,
flood or other natural disaster, the representative shall affix to such
drug or device a tag or other appropriate marking giving notice that such
article is or is suspected of being adulterated, misbranded, or otherwise
rendered unsafe and has been detained or embargoed and warning all
persons not to remove or dispose of such article by sale or otherwise
until provision for removal or disposal is given by the board, its agent
or the court. No person shall remove or dispose of such embargoed drug or
device by sale or otherwise without the permission of the board or its
agent or, after summary proceedings have been instituted, without
permission from the court.
(b) When a drug or device detained or embargoed under paragraph (a)
of this subsection has been declared by such representative to be
adulterated, misbranded or a new drug, or rendered unsafe, the board
shall, as soon as practical thereafter, petition the judge of the circuit
court in whose jurisdiction the article is detained or embargoed for an
order for condemnation of such article. If the judge determines that the
drug or device so detained or embargoed is not adulterated or misbranded
or rendered unsafe, the board shall direct the immediate removal of the
tag or other marking.
(c) If the court finds the detained or embargoed drug or device is
adulterated or misbranded or rendered unsafe, such drug or device, after
entry of the judgment, shall be destroyed at the expense of the owner
under the supervision of a board representative and all court costs and
fees, storage and other proper expense shall be borne by the owner of
such drug or device. When the adulteration or misbranding can be
corrected by proper labeling or processing of the drug or device, the
court, after entry of the judgment and after such costs, fees and
expenses have been paid and a good and sufficient bond has been posted,
may direct that such drug or device be delivered to the owner thereof for
such labeling or processing under the supervision of a board
representative. Expense of such supervision shall be paid by the owner.
Such bond shall be returned to the owner of the drug or device on
representation to the court by the board that the drug or device is no
longer in violation of the embargo and the expense of supervision has
been paid.
(d) It is the duty of the Attorney General to whom the board
reports any violation of this subsection to cause appropriate proceedings
to be instituted in the proper court without delay and to be prosecuted
in the manner required by law. Nothing in this subsection shall be
construed to require the board to report violations whenever the board
believes the public’s interest will be adequately served in the
circumstances by a suitable written notice or warning.
(15) Except as otherwise provided to the contrary, the board shall
exercise all of its duties, powers and authority in accordance with ORS
chapter 183. [1979 c.777 §20; 1981 c.277 §2; 1983 c.402 §2; 1985 c.565
§98; 1987 c.108 §3; 1991 c.460 §9; 1993 c.571 §3; 2001 c.457 §1; 2003
c.576 §543; 2005 c.726 §11]
The State Board of Pharmacy Account is established in the State Treasury,
separate and distinct from the General Fund. All moneys received by the
State Board of Pharmacy shall be deposited into the account and are
continuously appropriated to the board to carry out the duties, functions
and powers of the board. Any interest or other income from moneys in the
account shall be credited to the account. [2005 c.726 §10] The responsibility for
enforcement of the provisions of this chapter is vested in the State
Board of Pharmacy. The board shall have all of the duties, powers and
authority specifically granted by and necessary and proper to the
enforcement of this chapter, as well as such other duties, powers and
authority as it may be granted from time to time by law. [1979 c.777 §6;
1985 c.565 §99] The
State Board of Pharmacy shall be responsible for the control and
regulation of the practice of pharmacy in this state including, but not
limited to, the following:
(1) The licensing by examination or by reciprocity of applicants
who are qualified to engage in the practice of pharmacy under the
provisions of this chapter;
(2) The renewal of licenses to engage in the practice of pharmacy;
(3) The determination and issuance of standards based on nationally
recognized standards of practice and accreditation criteria for
recognition and approval of schools and colleges of pharmacy whose
graduates shall be eligible for licensure in this state, and the
specification and enforcement of requirements for practical training,
including internship;
(4) The enforcement of those provisions of this chapter relating to
the conduct or competence of pharmacists practicing in this state, and
the suspension, revocation or restriction of licenses to engage in the
practice of pharmacy;
(5) The training, qualifications and employment of pharmacy
interns; and
(6) The licensing of pharmacy technicians. [Formerly 689.245; 2001
c.595 §1; 2005 c.313 §10]The State Board of Pharmacy shall also have the
following responsibilities in regard to medications, drugs, devices and
other materials used in this state in the diagnosis, mitigation and
treatment or prevention of injury, illness and disease:
(1) The regulation of the sale at retail, the administering by
pharmacists to the extent provided in ORS 689.645 and 689.655 and the
dispensing of medications, drugs, devices and other materials including
the right to seize any such drugs, devices and other materials found to
be detrimental to the public health and welfare by the board after
appropriate hearing as required under ORS chapter 183.
(2) The specifications of minimum professional and technical
equipment, environment, supplies and procedures for the compounding,
administering and dispensing of such medications, drugs, devices and
other materials within the practice of pharmacy and any drug outlet.
(3) The control of the purity and quality of such medications,
drugs, devices and other materials within the practice of pharmacy and
any drug outlet.
(4) The issuance and renewal of certificates of registration of
drug outlets for purposes of ascertaining those persons engaged in the
manufacture and distribution of drugs, receiving and collecting annual
fees therefrom and suspending, revoking or refusing to renew such
registration in the manner provided in this chapter.
(5) In conjunction with the regularly constituted law enforcement
agencies of this state, enforce all laws of the state which pertain to
the practice of pharmacy, the manufacture, production, sale or
distribution of drugs, chemicals and poisons, and to their standard of
strength and purity.
(6) Investigate all complaints of alleged violations of this
chapter and take necessary action as the board may require or direct.
(7) Pursuant to ORS chapter 183, make such rules as are necessary
and feasible for carrying out ORS 453.175, 453.185, 475.005, 475.135 and
475.185 and this chapter and make rules relating to controlled
substances, designated as such pursuant to ORS 475.025 and 475.035.
(8) At all reasonable hours, in performance of the duties imposed
by this section, enter, or cause its authorized representatives to enter
upon, and examine the premises or records required by law of any drug
outlet under the jurisdiction of the board.
(9) Assist the regularly constituted law enforcement agencies of
this state in enforcing ORS 453.005 to 453.135, 475.005 and 475.135 and
this chapter by prosecution in the courts of this state or otherwise.
(10) Cause to have made a regular inspection of all pharmacies.
(11) Pursuant to ORS chapter 183, make such rules as are necessary
for pharmacies, drug manufacturers and wholesalers to sell or otherwise
lawfully distribute designated pharmaceutical agents to licensed
optometrists consistent with the provisions of ORS 683.010 to 683.335.
[1979 c.777 §19; 1985 c.565 §100; 1999 c.350 §4; 2001 c.632 §5] (1) The State Board of
Pharmacy shall elect from its members a president and vice president and
such other officers as it deems appropriate and necessary to the conduct
of its business. The President of the State Board of Pharmacy shall
preside at all meetings of the board and shall be responsible for the
performance of all of the duties and functions of the board required or
permitted by this chapter. If the president is absent or unable to
preside, the vice president shall preside. Each additional officer
elected by the board shall perform those duties normally associated with
their position and such other duties assigned from time to time by the
board.
(2) Officers elected by the board shall serve terms of one year
commencing with the day of their election, and ending upon election of
their successors and shall serve no more than one consecutive full term
in each office to which they are elected.
(3) The board shall employ a licensed pharmacist who shall be an ex
officio member of the board without vote to serve as a full-time employee
of the board in the position of executive director. The executive
director shall be responsible for the performance of the regular
administrative functions of the board and such other duties as the board
may direct. The executive director shall not perform any discretionary or
decision-making functions for which the board is solely responsible.
[1979 c.777 §13; 1985 c.565 §101] (1)
Each member of the State Board of Pharmacy shall receive compensation for
each day on which the member is engaged in performance of the official
duties of the board, and reimbursement for all expenses incurred in
connection with the discharge of such official duties as provided in ORS
292.495.
(2) The Executive Director of the State Board of Pharmacy shall
receive, as compensation, an annual salary payable monthly, the amount of
which shall be determined by the board, and reimbursement for all
expenses incurred in connection with performance of official duties,
subject to applicable law and to the rules of the Oregon Department of
Administrative Services. [1979 c.777 §14] (1) The State Board of Pharmacy shall meet at
least once every three months to transact its business. One such meeting
held during each fiscal year of the state shall be designated by rule as
the annual meeting and shall be for the purpose of electing officers and
for the reorganization of the board. The board shall meet at such
additional times as it may determine. Such additional meetings may be
called by the president of the board or by majority of members of the
board.
(2) The board shall meet at such place as it may from time to time
determine. The place for each meeting shall be determined prior to giving
notice of such meeting and shall not be changed after such notice is
given without adequate subsequent notice.
(3) Notice of all meetings of the board shall be given in the
manner and pursuant to requirements prescribed by the state’s applicable
rules.
(4) A majority of the members of the board shall constitute a
quorum for the conduct of a board meeting and, except where a greater
number is required by ORS 167.203, 414.325, 430.405, 435.010, 453.025,
475.005, 475.135, 475.185, 475.840, 475.906 and 616.855 and this chapter,
or by any rule of the board, all actions of the board shall be by a
majority of a quorum.
(5) All board meetings and hearings shall be open to the public.
The board may, in its discretion and according to law, conduct any
portion of its meeting in executive session closed to the public. [1979
c.777 §15; 1999 c.605 §7; 1999 c.1051 §138] (1) The State Board of Pharmacy may, in its
discretion, employ persons in addition to the executive director in such
other positions or capacities as it deems necessary to the proper conduct
of board business and to the fulfillment of the board’s responsibilities
as defined by this chapter.
(2) The employees of the board other than the executive director
shall receive, as compensation, an annual salary payable monthly, the
amount of which shall be determined by law, and reimbursement for
expenses incurred in connection with performance of their official
duties. [1979 c.777 §16; 1985 c.565 §102] The State Board of Pharmacy shall make, adopt,
amend and repeal such rules as may be deemed necessary by the board, from
time to time, for the proper administration and enforcement of this
chapter. Such rules shall be adopted in accordance with the procedures
specified in ORS chapter 183. [1979 c.777 §17; 1985 c.565 §103] For the purpose
of requesting a state or nationwide criminal records check under ORS
181.534, the State Board of Pharmacy may require the fingerprints of a
person who is:
(1) Applying for a license or certificate that is issued by the
board;
(2) Applying for renewal of a license or certificate that is issued
by the board; or
(3) Under investigation by the board. [2005 c.730 §68]Note: 689.207 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 689 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PRACTICE OF PHARMACY(1) It shall be
unlawful for any person to engage in the practice of pharmacy unless
licensed to so practice under the provisions of this chapter. Nothing in
this section prevents physicians, dentists, veterinarians, osteopaths or
other practitioners of the healing arts who are licensed under the laws
of this state from dispensing and administering prescription drugs to
their patients in the practice of their respective professions where
specifically authorized to do so by law of this state.
(2) It shall be unlawful for any person, not legally licensed as a
pharmacist, to take, use or exhibit the title of pharmacist or the title
of druggist or apothecary, or any other title or description of like
import.
(3) In the practice of pharmacy, a pharmacist is licensed to
practice as defined in ORS 689.015, but is not authorized to possess
personally or to store drugs other than in a licensed pharmacy except for
those drugs legally prescribed for the personal use of the pharmacist. An
employee, agent or owner of any registered manufacturer, wholesaler or
pharmacy may lawfully possess legend drugs if the person is acting in the
usual course of the business or employment of the person.
(4) The State Board of Pharmacy shall adopt rules relating to the
use of pharmacy technicians working under the supervision, direction and
control of a licensed pharmacist. For retail and institutional drug
outlets, the board shall adopt rules which include requirements for
training, including provisions for appropriate on-the-job training,
guidelines for adequate supervision, standards and appropriate ratios for
the use of pharmacy technicians. Improper use of pharmacy technicians
shall be subject to the reporting requirements of ORS 689.455.
(5) The mixing of intravenous admixtures by pharmacy technicians
working under the supervision, direction and control of a licensed
pharmacist is authorized and does not constitute the practice of pharmacy
by the pharmacy technicians.
(6) Any person who is found to have unlawfully engaged in the
practice of pharmacy is guilty of a Class A misdemeanor. [1979 c.777 §21;
1983 c.402 §3; 1985 c.565 §104; 1989 c.608 §2; 1997 c.729 §2; 2001 c.278
§1] (1) To obtain
a license to engage in the practice of pharmacy, an applicant for
licensure by examination shall:
(a) Have submitted a written application in the form prescribed by
the State Board of Pharmacy.
(b) Have attained the age of 18 years.
(c) Be of good moral character and temperate habits.
(d) Have completed requirements for the first professional
undergraduate degree as certified by a school or college of pharmacy
which has been approved by the board.
(e) Have completed an internship or other program which has been
approved by the board, or demonstrated to the board’s satisfaction
experience in the practice of pharmacy which meets or exceeds the minimum
internship requirements of the board.
(f) Have successfully passed an examination given by the board.
(g) Have paid the fees specified by the board for examination and
issuance of license.
(2)(a) The examination for licensure required under subsection
(1)(f) of this section shall be given by the board at least two times
during each fiscal year of the state. The board shall determine the
content and subject matter of each examination, the place, time and date
of administration of the examination and those persons who shall have
successfully passed the examination.
(b) The examination shall be prepared to measure the competence of
the applicant to engage in the practice of pharmacy. The board may employ
and cooperate with any organization or consultant in the preparation and
grading of an appropriate examination, but shall retain the sole
discretion and responsibility of determining which applicants have
successfully passed such an examination.
(3)(a) All applicants for licensure by examination shall obtain
professional and practical experience in the practice of pharmacy
concurrent with or after college attendance, or both, under such terms
and conditions as the board shall determine.
(b) The board shall establish standards for internship or any other
program necessary to qualify an applicant for the licensure examination
based on nationally recognized standards of practice and shall also
determine the necessary qualifications of any preceptors used in any
internship or other program.
(4) Any person who has received a first professional undergraduate
degree from a school or college of pharmacy located outside the United
States which has not been approved by the board, but who is otherwise
qualified to apply for a license to practice pharmacy in the State of
Oregon may be deemed to have satisfied the degree requirements of
subsection (1)(d) of this section by verification to the board of the
academic record and graduation of the person and by meeting such other
requirements as the board may establish. The board may require such
person to successfully pass an examination or examinations given or
approved by the board to establish proficiency in English and equivalency
of education of such person with qualified graduates of a degree program
referred to in subsection (1)(d) of this section as a prerequisite of
taking the licensure examination provided for in subsection (1)(f) of
this section. [1979 c.777 §22; 1987 c.108 §4; 1999 c.59 §205] (1) To obtain
a license as a pharmacist by reciprocity, an applicant for licensure
shall:
(a) Have submitted a written application in the form prescribed by
the State Board of Pharmacy.
(b) Have attained the age of 18 years.
(c) Have good moral character and temperate habits.
(d) Have possessed at the time of initial licensure as a pharmacist
such other qualifications necessary to have been eligible for licensure
at that time in this state.
(e) Have engaged in the practice of pharmacy for a period of at
least one year or have met the internship requirements of this state
within the one-year period immediately previous to the date of such
application.
(f) Have presented to the board proof of initial licensure by
examination and proof that such license and any other license or licenses
granted to the applicant by any other state or states have not been
suspended, revoked, canceled or otherwise restricted for any reason
except nonrenewal or the failure to obtain required continuing education
credits in any state where the applicant is licensed but not engaged in
the practice of pharmacy.
(g) Have successfully passed an examination in jurisprudence given
by the board.
(h) Have paid the fees specified by the board for issuance of a
license.
(i) Have submitted to the board proof of a professional
undergraduate degree that meets the requirements of ORS 689.255 (4), if
the applicant has received a first professional undergraduate degree from
a school or college of pharmacy located outside the United States.
(2) No applicant shall be eligible for licensure by reciprocity
unless the state in which the applicant was initially licensed as a
pharmacist also grants reciprocal licensure to pharmacists duly licensed
by examination in this state, under like circumstances and conditions.
[1979 c.777 §23; 2001 c.585 §1] (1) Each pharmacist shall
apply for renewal of license annually no later than June 30. The State
Board of Pharmacy shall renew the license of each pharmacist who is
qualified to engage in the practice of pharmacy.
(2) The board shall specify by rule the procedures to be followed,
in addition to those specified by ORS 689.285, and the fees to be paid
for renewal of licenses.
(3)(a) All pharmacists in good standing who have been licensed
pharmacists for at least 20 years and who are retired from practice of
pharmacy are exempt from further payment of license fees until they again
engage in the practice of pharmacy. No retired pharmacist shall engage in
the practice of pharmacy without first paying all fees for the year in
which the pharmacist resumes practice and producing evidence satisfactory
to the board of continued professional competence.
(b) Failure to comply with the requirements of paragraph (a) of
this subsection shall be considered the practice of pharmacy without a
license. [1979 c.777 §24] (1) The
Legislative Assembly finds and declares that:
(a) The continuous introduction of new medical agents and the
changing concepts of the delivery of health care services in the practice
of pharmacy make it essential that a pharmacist undertake a continuing
education program in order to maintain professional competency and
improve professional skills;
(b) The state has a basic obligation to regulate and control the
profession of pharmacy in order to protect the public health and welfare
of its citizens; and
(c) It is the purpose of this chapter to protect the health and
welfare of Oregon citizens and to ensure uniform qualifications and
continued competency of licensed pharmacists by requiring participation
in a continuing pharmacy education program as a condition for renewal of
licenses to practice pharmacy.
(2) All pharmacists licensed in the State of Oregon on and after
October 3, 1979, shall satisfactorily complete courses of study and
satisfactorily continue their education by other means as determined by
the State Board of Pharmacy in subjects relating to the practice of the
profession of pharmacy in order to be eligible for renewal of licenses.
(3) In accordance with applicable provisions of ORS chapter 183,
the board shall make reasonable rules:
(a) Prescribing the procedure and criteria for approval of
continuing pharmacy education programs, including the number of hours of
courses of study necessary to constitute a continuing pharmacy education
unit and the number of continuing pharmacy education units required
annually for renewal of a pharmacist license.
(b) Prescribing the scope of the examinations given by the board
including grading procedures.
(c) Prescribing the content of the form to be submitted to the
board certifying completion of an approved continuing pharmacy education
program.
(d) Necessary to carry out the provisions of this chapter.
(e) Prescribing the completion of:
(A) A pain management education program approved by the board and
developed in conjunction with the Pain Management Commission established
under ORS 409.500; or
(B) An equivalent pain management education program, as determined
by the board.
(4) In adopting rules pursuant to subsection (3) of this section,
the board shall consider:
(a) The need for formal regularly scheduled pharmacy education
programs.
(b) Alternate methods of study including home-study courses,
seminars or other such programs for those persons who, upon written
application to the board and for good cause shown, demonstrate their
inability to attend regularly scheduled formal classroom programs.
(c) The necessity for examinations or other evaluation methods used
to ensure satisfactory completion of the continuing pharmacy education
program.
(5) The board may contract for the providing of educational
programs to fulfill the requirements of this chapter. The board is
further authorized to treat funds set aside for the purpose of continuing
education as state funds for the purpose of accepting any funds made
available under federal law on a matching basis for the promulgation and
maintenance of programs of continuing education. In no instance shall the
board require a greater number of hours of study than it provides or
approves in the State of Oregon and which are available on the same basis
to all licensed pharmacists.
(6) The board may levy an additional fee of up to $10 for each
license renewal to carry out the provisions of this chapter. [1979 c.777
§26; 1983 c.402 §5; 1985 c.565 §106; 1993 c.571 §6; 1993 c.742 §55; 2001
c.281 §1; 2005 c.162 §3]REGULATION OF DRUG OUTLETS (1) All drug outlets
shall annually register with the State Board of Pharmacy.
(2)(a) Each drug outlet shall apply for a certificate of
registration in one or more of the following classifications:
(A) Retail drug outlet.
(B) Institutional drug outlet.
(C) Manufacturing drug outlet.
(D) Wholesale drug outlet.
(E) Nonprescription drug outlet.
(b) No individual who is employed by a corporation which is
registered under any classification listed in paragraph (a) of this
subsection need register under the provisions of this section.
(3) The board shall establish by rule under the powers granted to
it under ORS 689.155 and 689.205 the criteria which each drug outlet must
meet to qualify for registration in each classification designated in
subsection (2)(a) of this section. The board may issue various types of
certificates of registration with varying restrictions to the designated
outlets where the board deems it necessary by reason of the type of drug
outlet requesting a certificate.
(4) It shall be lawful for a drug outlet registered under this
section to sell and distribute nonprescription drugs. Drug outlets
engaging in the sale and distribution of such items shall not be deemed
to be improperly engaged in the practice of pharmacy. [1979 c.777 §30;
1993 c.571 §8] (1) The State Board of Pharmacy shall
specify by rule the registration procedures to be followed, including but
not limited to specification of forms for use in applying for such
certificates of registration and times, places and fees for filing such
application.
(2) Applications for certificates of registration shall include the
following information about the proposed drug outlet:
(a) Ownership;
(b) Location;
(c) Identity of pharmacist licensed to practice in the state, who
shall be the pharmacist in charge of the drug outlet, where one is
required by this chapter, and such further information as the board may
deem necessary; and
(d) The identity of any person who has incident of ownership in a
pharmacy who also has a financial interest in any long term care
facility, as defined in ORS 442.015.
(3) Manufacturers and wholesalers shall keep all records and files
of their transactions for a period of three years from the date of the
inception of such records and files.
(4)(a) Manufacturers and wholesalers shall acquire a separate
registration for each place at which they carry on their business as a
manufacturer or wholesaler within this state.
(b) Certificates of registration issued by the board pursuant to
this chapter shall not be transferable or assignable and shall be
conspicuously displayed at each registered place of business.
(5) The board shall specify by rule minimum standards for the
professional responsibility in the conduct of any drug outlet that has
employees or personnel engaged in the practice of pharmacy. The board is
specifically authorized to require that the portion of the facility to
which such certificate of registration applies be operated only under the
direct supervision of no less than one pharmacist licensed to practice in
this state and not otherwise, and to provide such other special
requirements as deemed necessary. [1979 c.777 §31a; 1985 c.565 §107; 1993
c.571 §9] (1) All registered drug outlets shall
report to the State Board of Pharmacy the occurrence of any of the
following changes within the times specified by the board by rule:
(a) Permanent closing;
(b) Change of ownership, management, location or pharmacist in
charge; or
(c) Any and all other matters and occurrences as the board may
require by rule.
(2) Disasters, accidents and emergencies which may affect the
strength, purity or labeling of drugs, medications, devices or other
materials used in the diagnosis or the treatment of injury, illness and
disease shall be immediately reported to the board. [1979 c.777 §32; 1993
c.571 §10] (1) No drug outlet
designated in ORS 689.305 shall be operated until a certificate of
registration has been issued to said facility by the State Board of
Pharmacy. Upon the finding of a violation of ORS 689.305 or 689.405, the
board may impose one or more of the penalties under ORS 689.445.
(2) Reinstatement of a certificate that has been suspended, revoked
or restricted by the board may be granted in accordance with the
procedures specified by ORS 689.445 (2). [1979 c.777 §33; 1981 c.277 §3]DIVERSION PROGRAM(1) There is established a
Pharmacy Diversion Program Supervisory Council consisting of five members
appointed by the State Board of Pharmacy for the purpose of developing
and implementing a diversion program for chemically dependent licensees
regulated under this chapter. No current board member or staff shall
serve on the council.
(2) The term of office of each member is two years, but a member
serves at the pleasure of the board. Before the expiration of the term of
a member, the board shall appoint a successor whose term begins July 1
next following. A member is eligible for reappointment. If there is a
vacancy for any cause, the board shall make an appointment to become
immediately effective for the unexpired term.
(3) A member of the council is entitled to compensation and
expenses as provided in ORS 292.495.
(4) The council shall select one of its members as chairperson and
another as vice chairperson, for such terms and with duties and powers
the council determines necessary for the performance of the functions of
such office.
(5) A majority of the members of the council constitutes a quorum
for the transaction of business. [1989 c.667 §1; 2005 c.313 §1] (1) Subject to approval of the
State Board of Pharmacy, the Pharmacy Diversion Program Supervisory
Council may appoint a program director to serve at the pleasure of the
council. The program director shall be an employee of the board.
(2) The program director shall administer, under the control and
supervision of the council, the diversion program for chemically
dependent licensees.
(3) The board may appoint such employees as may be necessary to
carry out the duties of the council under the control and supervision of
the council. [1989 c.667 §2; 2005 c.313 §2]The State Board of Pharmacy may enter into contracts to provide
services for chemically dependent licensees and may, in accordance with
ORS chapter 183, adopt rules necessary for the administration of a
diversion program for chemically dependent licensees. [1989 c.667 §3]
(1) In addition to or in lieu of any disciplinary action under ORS
689.405, the State Board of Pharmacy may refer a licensee who is
chemically dependent to a diversion program administered by the Pharmacy
Diversion Program Supervisory Council.
(2) The council shall report to the board and provide all pertinent
information concerning any licensee who is referred to the council under
subsection (1) of this section and fails to complete the diversion
program or fails to participate in the diversion program in good faith.
[1989 c.667 §4; 2005 c.313 §3](1) All records of the Pharmacy Diversion
Program Supervisory Council are confidential and shall not be subject to
public disclosure, nor shall the records be admissible as evidence in any
judicial proceeding.
(2) The members, employees, contractors and past or present clients
of the council shall not be subject to the disclosure requirements in ORS
689.455, nor shall they disclose information or be examined regarding any
participant in the program, except as provided in ORS 689.348 (2).
(3) Any licensee who in good faith voluntarily participates in an
approved diversion program and successfully completes the program shall
not be subject to sanction unless the licensee is suspected of a
violation of this chapter other than ORS 689.405 (1)(d). [1989 c.667 §5;
2005 c.313 §4]
The State Board of Pharmacy, the Pharmacy Diversion Program Supervisory
Council and their members, employees and contractors shall be immune from
any civil liability arising from simple negligent acts taken pursuant to
ORS 689.342 to 689.356. [1989 c.667 §6; 2005 c.313 §5] In addition to any other powers
granted by ORS 689.342 to 689.356, the State Board of Pharmacy may adopt
necessary and proper rules for administration of ORS 689.342 to 689.356
including, but not limited to, establishing fees and charges to carry out
its legal responsibilities, subject to prior approval by the Oregon
Department of Administrative Services and a report to the Emergency Board
prior to adopting the fees and charges. The fees and charges established
under this section shall not exceed the cost of administering the program
of the Pharmacy Diversion Program Supervisory Council, as authorized by
the Legislative Assembly within the board’s budget, or as the budget may
be modified by the Emergency Board, and shall be maintained in an account
separate from other funds of the board. [1989 c.667 §7; 1991 c.703 §32;
2005 c.313 §6]DISCIPLINE(1) The State Board of Pharmacy may refuse to issue or
renew, or may suspend, revoke or restrict the license of any person or
the certificate of registration of any drug outlet upon one or more of
the following grounds:
(a) Unprofessional conduct as that term is defined by the rules of
the board.
(b) Repeated or gross negligence.
(c) Incapacity of a nature that prevents a person from engaging in
the activity for which the person is licensed with reasonable skill,
competence and safety to the public.
(d) Habitual or excessive use of intoxicants, drugs or controlled
substances.
(e) Being found guilty by the board of a violation of subparagraph
(B) of this paragraph, or by a court of competent jurisdiction of one or
more of the following:
(A) A felony, as defined by the laws of this state; or
(B) Violations of the pharmacy or drug laws of this state or rules
pertaining thereto, or of statutes, rules or regulations of any other
state, or of the federal government.
(f) Fraud or intentional misrepresentation by a licensee or
registrant in securing or attempting to secure the issuance or renewal of
a license.
(g) Engaging or aiding and abetting an individual to engage in the
practice of pharmacy without a license, or falsely using the title of
pharmacist.
(h) Aiding and abetting an individual in performing the duties of a
pharmacy technician without licensing.
(i) Being found by the board to be in violation of any of the
provisions of ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to
475.190, 475.805, 475.840 to 475.980 or this chapter or rules adopted
pursuant to ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190,
475.805, 475.840 to 475.980 and this chapter.
(j) Disciplinary action by another state regarding a license, based
upon acts by the licensee similar to acts described in this subsection. A
certified copy of the record of disciplinary action of the state taking
the disciplinary action is conclusive evidence thereof.
(2) Upon receipt of a complaint under this chapter, the board shall
conduct an investigation as described under ORS 676.165.
(3) Actions taken under subsection (1) of this section shall be
considered a contested case under ORS chapter 183. [1979 c.777 §§27,28;
1981 c.277 §4; 1985 c.131 §4; 1987 c.736 §1; 1995 c.440 §11; 1997 c.729
§3; 1997 c.791 §48; 2005 c.313 §12] (1) Upon the finding of the
existence of grounds for discipline of any person holding a license,
seeking a license or renewal of a license under the provisions of ORS
435.010 to 435.030, 475.125 and 475.135 and this chapter, the State Board
of Pharmacy may impose one or more of the following penalties:
(a) Suspension of the offender’s license for a term to be
determined by the board;
(b) Revocation of the offender’s license;
(c) Restriction of the offender’s license to prohibit the offender
from performing certain acts or from engaging in the practice of pharmacy
in a particular manner for a term to be determined by the board;
(d) Imposition of a civil penalty not to exceed $1,000 for each
offense;
(e) Refusal to renew offender’s license; or
(f) Placement of the offender on probation and supervision by the
board for a period to be determined by the board.
(2) Any person whose license issued pursuant to this chapter has
been suspended, revoked or restricted pursuant to this chapter, whether
voluntarily or by action of the board, shall have the right, at
reasonable intervals, to petition the board for reinstatement of such
license. Such petition shall be made in writing and in the form
prescribed by the board. Upon investigation and hearing, the board may in
its discretion grant or deny such petition, or it may modify its original
finding to reflect any circumstances which have changed sufficiently to
warrant such modifications. Pardon and restoration of civil rights to any
person formerly licensed by the board does not obligate the board to
restore revoked, restricted or suspended licenses.
(3) Nothing in this chapter shall be construed as barring criminal
prosecutions for violations of ORS 435.010 to 435.130, 453.025, 453.045,
475.035 to 475.190, 475.805, 475.840 to 475.980 and this chapter where
such violations are deemed as criminal offenses in other statutes of this
state or of the United States.
(4) Civil penalties under this section shall be imposed as provided
in ORS 183.745.
(5) All penalties recovered under ORS 435.010 to 435.130, 453.025,
453.045, 475.035 to 475.190, 475.805, 475.840 to 475.980 and this chapter
shall be deposited into the State Board of Pharmacy Account established
in ORS 689.139. [1979 c.777 §29; 1985 c.131 §5; 1991 c.734 §75; 1995
c.440 §12; 1997 c.729 §4; 2005 c.726 §12](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 475.840 to 475.980.
(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 confidential as provided under ORS 676.175.
[1985 c.131 §3; 1995 c.440 §40; 1997 c.791 §49; 2001 c.595 §4]PHARMACY TECHNICIANS(1) It shall be unlawful for any person to
perform the duties of a pharmacy technician or use the title of pharmacy
technician unless licensed to do so under the provisions of this chapter.
(2) To be licensed to perform the duties of a pharmacy technician,
a person shall:
(a) Submit a license application in the manner prescribed by the
State Board of Pharmacy; and
(b) Pay the license fee established by the board.
(3) The license application prescribed by the board shall include,
but not be limited to:
(a) The name and address of the applicant;
(b) The educational qualifications of the applicant;
(c) The work history of the applicant; and
(d) The applicant’s criminal offender record of any conviction or
of any arrest less than one year old on which there has been no acquittal
or dismissal.
(4) A license under this section expires annually. To renew a
license to perform the duties of a pharmacy technician, a person shall:
(a) Submit the application for renewal of a license in the form
prescribed by the board;
(b) Pay the license renewal fee established by the board;
(c) Pay the fee for delinquent license renewal, if applicable;
(d) Provide updated information regarding educational
qualifications, work history and criminal arrest and conviction history;
and
(e) Comply with all other requirements for license renewal
established by the board.
(5) No person may employ an individual to perform the duties of a
pharmacy technician unless the individual is licensed to perform the
duties of a pharmacy technician under this chapter.
(6) A person licensed to perform the duties of a pharmacy
technician may perform the duties of a pharmacy technician only under the
supervision, direction and control of a licensed pharmacist. [1997 c.729
§6; 2001 c.595 §2; 2005 c.313 §7]Note: Section 14, chapter 313, Oregon Laws 2005, provides:
Sec. 14. A person registered as a pharmacy technician under ORS
689.486 on the effective date of this 2005 Act [June 28, 2005] shall be
considered to be licensed as a pharmacy technician in accordance with the
amendments to ORS 689.486 and 689.490 by sections 7 and 8 of this 2005
Act. [2005 c.313 §14] (1) In
accordance with any applicable provisions of ORS chapter 183, the State
Board of Pharmacy, by rule, shall establish a licensing system for
persons who perform the duties of a pharmacy technician. The licensing
system shall include but not be limited to the following provisions:
(a) Prescribing the form and content of and the procedures for
submitting an application for the issuance or renewal of a technician
license.
(b) Prescribing the fee for the original license and for renewal of
a license in an amount not to exceed $50 and the fee for delinquent
license renewal in an amount not to exceed $50.
(2) The board may refuse to issue or renew, or may suspend, revoke
or restrict a technician license:
(a) For any reason listed under ORS 689.405 (1);
(b) If the applicant is not authorized to work for hire under
Oregon law; or
(c) For any other grounds that the board, in its discretion,
believes would disqualify the applicant for a license.
(3) Denial of a license under subsection (2) of this section shall
be considered a contested case under ORS chapter 183. [1997 c.729 §7;
2001 c.595 §3; 2005 c.313 §8] (1) Upon the written
request of a pharmacist, the State Board of Pharmacy shall provide the
name, address, educational qualifications, work history, technician
license history and criminal arrest and conviction history of any
pharmacy technician licensed with the board. Information provided by the
board pursuant to a request under this section shall be in writing and
may be provided to the requester by means of facsimile or other
electronic transmission or the United States Postal Service.
(2) For purposes of this section:
(a) “Written request” includes but is not limited to a request
received by means of facsimile or other electronic transmission.
(b) “Work history” includes but is not limited to information
reported to the board pursuant to ORS 689.497 to the extent the
information is not exempt from disclosure under ORS 676.175. [1997 c.729
§8; 2001 c.595 §5; 2005 c.313 §9]
(1) A pharmacy that terminates a pharmacy technician shall report the
termination to the State Board of Pharmacy. In the sole discretion of the
pharmacy, the pharmacy may report the reason for the termination.
(2) A pharmacy reporting the termination of a pharmacy technician
under subsection (1) of this section shall provide the pharmacy
technician an opportunity to issue a statement accompanying the report of
termination. The statement of the pharmacy technician may include any
mitigating factors or other information the pharmacy technician deems
relevant to the termination.
(3) A pharmacy, pharmacist, pharmacy technician or any other person
who, in good faith, submits a report of termination of a pharmacy
technician under the provisions of this section is not liable for any
civil damages as a result of submitting the report.
(4) The information provided to the board pursuant to this section
is:
(a) Subject to disclosure as provided in ORS 689.495; and
(b) Admissible as evidence for any purpose in any civil proceeding
before a court, agency, board or third-party dispute resolution tribunal.
(5) Nothing in subsection (3) of this section shall affect the
admissibility in evidence of the records of a pharmacy or pharmacist that
pertain to the work history or termination of employment of a pharmacy
technician. [2001 c.595 §7]
(1)(a) The State Board of Pharmacy may by rule identify activities
performed by a pharmacy technician for which a specialized education
program may be required.
(b) If the board identifies an activity requiring specialized
education under this subsection, the board shall approve no fewer than
two specialized education programs to provide the specialized education.
(c) Upon receipt of evidence satisfactory to the board that a
pharmacy technician has satisfactorily completed a specialized education
program approved by the board, the board shall note the specialized
education on the license of the pharmacy technician.
(2) The board may establish standards for renewal or revocation of
a notation of specialized education under this section.
(3) As used in this section, “specialized education program” means:
(a) A program providing education for persons desiring licensure as
pharmacy technicians that is approved by the board and offered by an
accredited college or university that grants a two-year degree upon
successful completion of the program; or
(b) A structured program approved by the board and designed to
educate pharmacy technicians in one or more specific issues of patient
health and safety that is offered by:
(A) An organization recognized by the board as representing
pharmacists or pharmacy technicians;
(B) An employer recognized by the board as representing pharmacists
or pharmacy technicians; or
(C) A trade association recognized by the board as representing
pharmacies. [2005 c.313 §16]REQUIREMENTS RELATING TO SALES (1)(a) Except as specifically
provided by law, no person shall distribute or dispense any drug without
affixing to the authorized container a clear and legible label, either
printed or written, bearing the name of the drug and the name and place
of business of the person distributing or dispensing the drug, and any
other information required by state law or rules or federal law or
regulations under whose supervision the drug is delivered or dispensed.
(b) Labeling requirements regarding any drug may be changed or
exemption therefrom granted by the State Board of Pharmacy in the form of
a special permit if the board determines that a change or exemption is in
the best interest of public health and safety.
(2)(a) No manufacturer or wholesaler subject to ORS 689.305 shall
sell or otherwise distribute, or offer to sell or otherwise distribute,
any drug for use in a:
(A) Parcel, package or container not bearing a label specifying the
name, active ingredients or contents, quality and quantity of the drug.
(B) Misbranded parcel, package or container.
(b) A parcel, package or container is misbranded:
(A) If its labeling is false or misleading in any particular.
(B) Unless it bears a label containing the name and business
address of the manufacturer, packer, distributor or wholesaler, and an
accurate statement of the quantity of the drug in terms of weight,
measure or numerical count, exclusive of wrappers, cartons, containers or
other materials packed with such drug.
(C) In case it contains controlled substances which the board finds
and by rule designates after reasonable notice and opportunity for
hearing to be habit forming, unless it bears the statement “Warning--May
Be Habit Forming.”
(D) Unless it bears a label with adequate directions for the safe
use of the drug for specified conditions, and adequate warning against
use in those pathological conditions or by children where such use may be
dangerous to the health or welfare of a user.
(E) Unless it bears a label with true representations of the
intended uses of the drug and no false claims or representations are made
of the drug in accompanying literature or advertising.
(3) This section does not apply to parcels, packages or containers
containing:
(a) Drugs prepared and packaged solely for use by a pharmacist in
compounding prescriptions or for dispensing in dosage unit form upon a
prescription, except that such parcels, packages or containers must bear
the name and business address of the manufacturer and, if different, the
name and business address of the distributor of the drug, and the legend
“Caution: Federal Law Prohibits Dispensing Without Prescription” or an
equivalent legend.
(b) Drugs intended solely for use in the professional diagnosis of
disease, except that such parcels, packages or containers shall bear the
statement “Diagnostic Reagent--For Professional Use Only.”
(c) Coloring agents, emulsifiers, excipients, flavorings,
lubricants, preservatives and other like inactive ingredients used in the
manufacture of drugs.
(4) The board shall by rule exempt from any labeling or packaging
requirement of this section drugs which are, in accordance with the
practice of the trade, to be processed, labeled or repacked in
substantial quantities at establishments other than those where
originally processed or packed. However, such drugs must not be
adulterated or misbranded upon removal from such processing, labeling or
repacking establishment.
(5) A pharmacist or pharmacy intern shall not dispense, on the
prescription of a practitioner, any drug without affixing to the
container thereof a clear and legible label. The label may be printed or
written. Except as provided in subsection (6) of this section, the
pharmacist or pharmacy intern shall state or cause to be stated on the
label the following:
(a) The name of the drug. If the dispensed drug does not have a
brand name, the prescription label shall indicate the generic name of the
drug dispensed along with the name of the drug distributor or
manufacturer, its quantity per unit and the directions for its use stated
in the prescription. However, if the drug is a compound, the quantity per
unit need not be stated;
(b) The name of the practitioner prescribing the drug;
(c) The name and place of business of the pharmacist or the name
and place of business of the pharmacy for which the pharmacist or
pharmacy intern is acting;
(d) The name of the patient; and
(e) When applicable and as determined by the State Board of
Pharmacy, an expiration date after which the patient should not use the
drug.
(6) If the prescribing practitioner so directs, the prescription
label shall not state the name and quantity per unit of the drug.
(7) The State Board of Pharmacy shall determine those drugs which
must bear an expiration date under subsection (5)(e) of this section.
(8) As used in this section, “compound” means a drug containing two
or more medically active ingredients.
(9) No person shall deliver or dispense any drug for use by the
ultimate consumer without labeling the drug container as required in this
section.
(10) In addition to the labeling requirements imposed by
subsections (1) to (9) of this section, the board may impose by rule
requirements for drug code imprints on solid dose legend drugs. [1979
c.777 §34a; 1993 c.571 §13] The original record of every
prescription filled by a pharmacy must be kept on file at the pharmacy.
The prescription record must contain the date of the transaction and the
brand name, or if the drug has no brand name, the generic name and the
name of the manufacturer of any drug substituted pursuant to ORS 689.515.
If the prescription may be communicated to the pharmacy by oral or
electronic means, the prescription information may be recorded and stored
in an electronic form that allows for ready retrieval. Prescriptions
maintained in the file required under this section must be readily
accessible to the State Board of Pharmacy for inspection. [2003 c.103 §2] (1) As
used in this section unless the context requires otherwise:
(a) “Brand name” means the proprietary or trade name selected by
the manufacturer and placed upon a drug, its container, label or wrapping
at the time of packaging.
(b) “Dosage form” means the physical formulation or medium in which
the product is intended, manufactured and made available for use,
including but not limited to tablets, capsules, oral solutions, aerosols,
ointments, inhalers and suppositories, and the particular form of which
utilizes a specific technology or mechanism to control, enhance or direct
the release, targeting, systemic absorption or other delivery of a dosage
regimen in the body.
(c) “Generic name” means the official title of a drug or drug
ingredients published in the latest edition of the official
Pharmacopoeia, Homeopathic Pharmacopoeia or Formulary.
(d) “Substitute” means to dispense without the prescriber’s express
authorization a different drug product in place of the drug ordered or
prescribed.
(e) “Therapeutically equivalent” means drugs that are approved by
the United States Food and Drug Administration for interstate
distribution and the Food and Drug Administration has determined that the
drugs will provide essentially the same efficacy and toxicity when
administered to an individual in the same dosage regimen.
(2) Except as limited by subsections (3) and (5) of this section,
unless the purchaser instructs otherwise, the pharmacist may substitute
as follows:
(a) A drug product with the same generic name in the same strength,
quantity, dose and dosage form as the prescribed drug which is, in the
pharmacist’s professional opinion, therapeutically equivalent.
(b) When the prescriber is not reasonably available for
consultation and the prescribed drug does not utilize a unique delivery
system technology, an oral tablet, capsule or liquid form of the
prescribed drug so long as the form dispensed or administered has the
same strength, dose and dose schedule and is therapeutically equivalent
to the drug prescribed.
(3) A practitioner may specify in writing, by a telephonic
communication or by electronic transmission that there shall be no
substitution for the specified brand name drug in any prescription. The
phrase “no substitution” or the notation “N.S.” must be in the
practitioner’s handwriting or, if the prohibition was communicated by
telephonic communication or electronic transmission, in the pharmacist’s
handwriting and shall not be preprinted or stamped or initialed on the
prescription form.
(4) Every pharmacy shall post a sign in a location easily seen by
patrons at the counter where prescriptions are dispensed or administered
stating that, “This pharmacy may be able to substitute a less expensive
drug which is therapeutically equivalent to the one prescribed by your
doctor unless you do not approve.” The printing on the sign shall be in
block letters not less than one inch in height. If the pharmacist has
reasonable cause to believe that the purchaser cannot read the sign or
comprehend its content, the pharmacist shall endeavor to explain the
meaning of the sign.
(5) A pharmacist shall substitute a drug product under this section
only when there will be a savings in or no increase in cost to the
purchaser.
(6) If the practitioner prescribes a drug by its generic name, the
pharmacist shall, consistent with reasonable professional judgment,
dispense or administer the lowest retail cost, effective brand which is
in stock.
(7) Except as provided in subsection (8) of this section, when a
pharmacist dispenses a substituted drug as authorized by subsection (2)
of this section, the pharmacist must label the prescription container
with the name of the dispensed drug. If the dispensed drug does not have
a brand name, the prescription label shall indicate the generic name of
the drug dispensed along with the name of the drug manufacturer.
(8) A prescription dispensed by a pharmacist shall bear upon the
label the name of the medication in the container or shall be labeled as
intended by the prescriber.
(9) The substitution of any drug by a licensed pharmacist or the
pharmacist’s employer pursuant to this section does not constitute the
practice of medicine.
(10) No substitution of drugs made by a pharmacist or the
pharmacist’s employer in accordance with this section and any rules that
the State Board of Pharmacy may adopt thereunder shall constitute
evidence of negligence if the substitution was made within reasonable and
prudent practice of pharmacy or if the substituted drug was accepted in a
generally recognized formulary or government list.
(11) Failure of a practitioner to specify that no substitution is
authorized does not constitute evidence of negligence unless the
practitioner knows that the health condition of the patient for whom the
practitioner is prescribing warrants the use of the brand name drug
(1) A prescription written by a
practitioner licensed in a state or territory of the United States, other
than Oregon, may be filled only if the pharmacist called upon to fill
such prescription determines, in the exercise of professional judgment:
(a) That it was issued pursuant to a valid patient-practitioner
relationship; and
(b) That it is authentic.
(2) However, if the practitioner writing the prescription is not
known to the pharmacist, the pharmacist shall obtain proof to a
reasonable certainty of the validity of the prescription.
(3) The provisions of ORS 689.515 authorizing generic substitution
shall not apply to prescriptions described in this section unless
authorized on the prescription. [1979 c.777 §36; 1981 c.666 §10; 1987
c.108 §6; 1993 c.571 §15; 1997 c.153 §1](1) Nothing in this chapter prohibits the sale by any person
of agricultural or garden spray, sheep dip, blue stone, copperas,
squirrel poison, fly paper, ant poison, gopher poison, insect powder,
poultry vermifuge and arsenic sprays when they are in original unbroken
packages, prepared and labeled with official poison labels and showing
antidotes.
(2) Nothing in this chapter requires or authorizes the licensing or
regulation of the sale of economic poisons, which includes any substance
or mixture of substances intended to be used for preventing, destroying,
repelling or mitigating any and all insects, fungi, weeds, parasites, or
other plant or animal pest, collectively or individually, which may
infest or be detrimental to vegetation or any domestic animal or fowl
life. [1979 c.777 §40; 1985 c.565 §112](1) A person
shall not sell, market, promote, advertise or otherwise distribute any
card or other purchasing mechanism or device that is not insurance that
purports to offer discounts or access to discounts from pharmacies for
prescription drug purchases when:
(a) Such card or other purchasing mechanism or device does not
expressly state in bold and prominent type, prominently placed, that the
discounts are not insurance;
(b) Such discounts are not specifically authorized by an individual
and separate contract with each pharmacy listed in conjunction with the
card or other purchasing mechanism or device; or
(c) The discounts or access to discounts offered, or the range of
discounts or access to the range of discounts offered, are misleading,
deceptive or fraudulent.
(2) Any person who sells, markets, promotes, advertises or
otherwise distributes any card or other purchasing mechanism or device
that is not insurance that purports to offer discounts or access to
discounts from pharmacies for prescription drug purchases in this state
shall designate a resident of this state as an agent for service of
process and register the agent with the Secretary of State.
(3) The Attorney General or a person, firm, trade association,
private corporation or municipal or other public corporation may maintain
an action to enjoin any act in violation of subsections (1) to (7) of
this section and for the recovery of damages.
(4) An action for violation of subsections (1) to (7) of this
section may be brought:
(a) In the county where the plaintiff resides;
(b) In the county where the plaintiff conducts business; or
(c) In the county where the card or other purchasing mechanism or
device was sold, marketed, promoted, advertised or otherwise distributed.
(5)(a) If the court finds that the defendant has violated any of
the provisions of subsections (1) to (7) of this section, the court shall
enjoin the defendant from continuing the acts that are in violation of
subsections (1) to (7) of this section.
(b) It is not necessary, except to recover for actual damages under
paragraph (c)(B) of this subsection, that actual damages to the plaintiff
be alleged or proved in order to maintain an action under subsections (3)
to (7) of this section.
(c) In addition to injunctive relief, the plaintiff in the action
shall be entitled to recover from the defendant:
(A) $100 per card or other purchasing mechanism or device sold,
marketed, promoted, advertised or otherwise distributed within this
state, or $10,000, whichever is greater;
(B) Three times the amount of the actual damages, if any, sustained;
(C) Reasonable attorney fees;
(D) Costs; and
(E) Any other relief that the court deems proper.
(6) An action under subsections (3) to (7) of this section shall be
commenced within two years after the date on which the violation of
subsections (1) to (7) of this section occurred or within two years after
the person bringing the action discovered, or in the exercise of
reasonable diligence should have discovered, the occurrence of the
violation of subsections (1) to (7) of this section. The period of
limitation provided in this subsection may be extended for a period of
180 days if the person bringing the action proves by a preponderance of
the evidence that the failure to timely commence the action was caused by
conduct of the defendant that was solely calculated to induce the
plaintiff to refrain from or postpone commencement of the action.
(7) The remedies prescribed in subsections (3) to (7) of this
section are cumulative and in addition to any other applicable criminal,
civil or administrative penalties.
(8) Nothing in subsections (1) to (7) of this section shall be
construed to apply to:
(a) Eye or vision care services, glasses or contact lenses provided
by an optometrist or ophthalmologist;
(b) A benefit administered by a health insurer, or health care
service contractor or health maintenance organization as defined by ORS
750.005;
(c) A benefit administered by, or under contract with, the State of
Oregon; or
(d) A customer discount or membership card issued by a store or
buying club for use at that store or buying club. [1999 c.874 §§1,2,3,4]Note: 689.565 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 689 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.MISCELLANEOUS(1) In a hospital or long term care
facility having a pharmacy and employing a pharmacist, the pharmacy and
pharmacist are subject to the requirements of this chapter, except that
in a hospital when a pharmacist is not in attendance, pursuant to
standing orders of the pharmacist, a registered nurse supervisor on the
written order of a person authorized to prescribe a drug may withdraw
such drug in such volume or amount as needed for administration to or
treatment of an inpatient or outpatient until regular pharmacy services
are available in accordance with the rules adopted by the board. However,
the State Board of Pharmacy may grant an exception to the requirement for
a written order by issuing a special permit authorizing the registered
nurse supervisor in a hospital to dispense medication on the oral order
of a person authorized to prescribe a drug. An inpatient care facility
which does not have a pharmacy must have a drug room. In an inpatient
care facility having a drug room as may be authorized by rule of the
Department of Human Services, the drug room is not subject to the
requirements of this chapter relating to pharmacies. However, a drug room
must be supervised by a pharmacist and is subject to the rules of the
State Board of Pharmacy. When a pharmacist is not in attendance, any
person authorized by the prescriber or by the pharmacist on written order
may withdraw such drug in such volume or amount as needed for
administration to or treatment of a patient, entering such withdrawal in
the record of the responsible pharmacist.
(2) In a hospital having a drug room, any drug may be withdrawn
from storage in the drug room by a registered nurse supervisor on the
written order of a licensed practitioner in such volume or amount as
needed for administration to and treatment of an inpatient or outpatient
in the manner set forth in subsection (1) of this section and within the
authorized scope of practice.
(3) A hospital having a drug room shall cause accurate and complete
records to be kept of the receipt, withdrawal from stock and use or other
disposal of all legend drugs stored in the drug room. Such record shall
be open to inspection by agents of the board and other qualified
authorities.
(4) In an inpatient care facility other than a hospital, the drug
room shall contain only prescribed drugs already prepared for patients
therein and such emergency drug supply as may be authorized by rule by
the Department of Human Services.
(5) The requirements of this section shall not apply to facilities
described in ORS 441.065.
(6) A registered nurse who is an employee of a local health
department established under the authority of a county or district board
of health and registered by the board under ORS 689.305 may, pursuant to
the order of a person authorized to prescribe a drug or device, dispense
a drug or device to a client of the health department for purposes of
caries prevention, birth control or prevention or treatment of a
communicable disease. Such dispensing shall be subject to rules jointly
adopted by the board and the Department of Human Services.
(7) The board shall adopt rules authorizing a pharmacist to
delegate to a registered nurse the authority to withdraw prescription
drugs from a manufacturer’s labeled container for administration to
persons confined in penal institutions including, but not limited to,
adult and juvenile correctional facilities. A penal institution, in
consultation with a pharmacist, shall develop policies and procedures
regarding medication management, procurement and distribution. A
pharmacist shall monitor a penal institution for compliance with the
policies and procedures and shall perform drug utilization reviews. The
penal institution shall submit to the board for approval a written
agreement between the pharmacist and the penal institution regarding
medication policies and procedures. [1979 c.777 §38; 1979 c.785 §9d; 1985
c.565 §113; 1989 c.526 §1; 1993 c.272 §2; 1993 c.571 §16; 1995 c.523 §3;
2003 c.617 §2] (1) The holder of any
certificate or license granted under this chapter shall display it
conspicuously in the pharmacy or place of business to which it applies.
(2) All pharmacist certificates issued by the State Board of
Pharmacy shall bear the signatures of all members and officers of the
board.
(3) On payment by the applicant of the fee prescribed in ORS
689.135, the board may issue a new certificate to a pharmacist if the
applicant has lost the certificate or the certificate has been destroyed.
[1979 c.777 §25; 1985 c.565 §114; 1987 c.108 §7; 1993 c.571 §17]The dispensing of plant and animal
substances prescribed by a naturopathic physician licensed under ORS
chapter 685 in accordance with the formulary established by this section
and ORS 685.010, 685.030, 685.145 and dispensed by a licensed pharmacist
or the employee thereof may be filled by a pharmacist according to the
terms of the prescription. The filling of such a prescription shall not
constitute evidence of negligence on the part of the pharmacist or the
employee if the prescription is dispensed within the reasonable and
prudent practices of pharmacy. [1989 c.945 §4; 1993 c.571 §18](1) In accordance
with rules adopted by the State Board of Pharmacy under ORS 689.205, a
pharmacist may administer:
(a) Vaccines and immunizations to persons who are at least 18 years
of age; and
(b) Influenza vaccines to persons who are at least 15 years of age.
(2) The board is authorized to issue, to licensed pharmacists who
have completed training accredited by the Centers for Disease Control and
Prevention, the American Council on Pharmaceutical Education or a similar
health authority or professional body, certificates of special competency
in the administration of vaccines and immunizations to persons more than
15 years of age.
(3) The board shall adopt rules relating to the reporting of the
administration of vaccines and immunizations to a patient’s primary
health care provider and to the Department of Human Services.
(4) The board shall adopt rules requiring pharmacists to establish
protocols for the administration of vaccines and immunizations to persons
who are at least 18 years of age and for the administration of influenza
vaccines to persons who are at least 15 years of age.
(5) The board shall convene a volunteer Immunization and
Vaccination Advisory Committee consisting of no more than nine members
for the purpose of advising the board in promulgating rules under this
section. The committee shall consist of one representative from the
Department of Human Services, two representatives from the Board of
Medical Examiners, two representatives from the Oregon State Board of
Nursing and two representatives from the State Board of Pharmacy and no
more than two pharmacists other than the representatives from the State
Board of Pharmacy. [1999 c.350 §3b; 2005 c.312 §1](1) Only as provided in
this section and in accordance with rules adopted by the State Board of
Pharmacy under ORS 689.205, a pharmacist may:
(a) In collaboration with and under an order from a physician,
nurse practitioner or physician assistant practicing within the scope of
practice allowed by law, flush heparin or saline through existing
intravenous lines that are connected to a person;
(b) In collaboration with and under an order from a physician,
nurse practitioner or physician assistant practicing within the scope of
practice allowed by law, attach an infusion pump or enteric feeding pump
to existing intravenous lines or enteric feeding lines that are connected
to a person, and activate the pump;
(c) Administer drugs and devices in a medical emergency within a
health care facility in the presence of and under the direction of a
physician or nurse practitioner; and
(d) Administer a drug or device to a person in the course of
teaching the person to self-administer the drug or device that the person
will be required routinely to self-administer as part of a course of
therapy ordered by a physician, nurse practitioner or physician assistant
practicing within the scope of practice allowed by law.
(2) Nothing in this section shall be construed to allow a
pharmacist to establish an intravenous or enteric line or to attach or
activate a pump for any intrathecal medication. [1999 c.350 §3e]PROHIBITED PRACTICES (1) No
drugs shall be dispensed to the public by means of automatic vending
machines.
(2) As used in this section, “automatic vending machine” means any
mechanical device or contrivance whereby the purchaser is able to secure
drugs.
(3) No person shall adulterate for the purpose of sale any drug in
such manner as to render it injurious to health, or knowingly sell or
offer for sale any adulterated drug.
(4) No person shall manufacture, compound or sell or offer for sale
or cause to be manufactured, compounded, sold or offered for sale any
drug, compound or preparation for internal or external use under or by a
name recognized in the United States Pharmacopoeia, Homeopathic
Pharmacopoeia or National Formulary which differs from the standard of
strength and purity specified therein as official at the time of
manufacture, compounding, sale or offering for sale.
(5) No person shall manufacture, compound, sell or offer for sale,
or cause to be manufactured, sold or offered for sale, any drug, the
strength and purity of which falls below the professed standard of
strength and purity under which it is sold.
(6) No person shall sell, give away, barter, dispense, distribute,
buy, receive or possess any prescription drug except as authorized by law.
(7) No manufacturer or wholesaler shall sell or otherwise
distribute, or offer to sell or otherwise distribute, any drug or device
except to a person legally authorized to resell, dispense or otherwise
redistribute such drug or device. The board may grant an exemption from
the requirement of this subsection in the form of a special permit if the
board finds that an exemption is in the best interest of the public
health and safety.
(8) Any practitioner who receives any complimentary samples of any
controlled substance, as defined in ORS 475.005, shall keep the samples
in a securely locked, substantially constructed cabinet and shall
maintain a record of receipts and withdrawals from each inventory of
samples. The record requirements shall be specified by rule of the
licensing board that has jurisdiction over the practitioner’s license.
The licensing board may inspect the records and the inventory of samples.
(9)(a) No person may sell, purchase or trade or offer to sell,
purchase or trade any drug sample.
(b) As used in paragraph (a) of this subsection, “drug sample”
means a unit of a drug, subject to this chapter, that is not intended to
be sold and is intended to promote the sale of the drug, and includes a
coupon or other form which may be redeemed for a drug.
(10) For purposes of this section and ORS 678.375, distribution of
prepackaged complimentary samples of medications by a nurse practitioner
or clinical nurse specialist with prescription writing authority shall
not constitute dispensing when the sample medication is within the
established formulary for that nurse practitioner or clinical nurse
specialist. [1979 c.777 §39; 1985 c.131 §6; 1987 c.108 §8; 1987 c.736 §2;
1993 c.571 §19; 2003 c.103 §3; 2005 c.462 §9]Note: Section 3f, chapter 350, Oregon Laws 1999, provides:
Sec. 3f. Nothing in this 1999 Act shall be construed to allow a
pharmacist to prescribe drugs or to dispense or administer any drug or
device that requires a prescription without a prescription or order of a
practitioner authorized to prescribe drugs. [1999 c.350 §3f]PENALTIES (1) In addition to any other liability or
penalty provided by law, the State Board of Pharmacy may impose a civil
penalty not to exceed $1,000 for each violation on any person who
violates any provision of this chapter or ORS chapter 475 or any rule of
the board.
(2) All penalties recovered under this section shall be deposited
into the State Board of Pharmacy Account established in ORS 689.139.
(3) Any civil penalty under this section shall be imposed in the
manner provided in ORS 183.745.
(4) Notwithstanding ORS 183.745, the person to whom the notice is
addressed shall have 10 days from the date of service of the notice in
which to make written application for a hearing before the board. [1981
c.217 §3; 1991 c.734 §77; 1993 c.571 §20; 1995 c.79 §348; 2005 c.726 §13] (1) In addition
to all other penalties provided by law every person who violates ORS
689.515 or any rule adopted thereunder may incur a civil penalty of up to
$250 for every such violation.
(2) The penalty imposed under this section may be remitted or
mitigated upon such terms and conditions as the State Board of Pharmacy
considers proper and consistent with the public health and safety.
(3) Civil penalties under this section shall be imposed as provided
in ORS 183.745.
(4) Civil penalties recovered under this section shall be deposited
into the State Board of Pharmacy Account established in ORS 689.139.
[Formerly part of 689.515; 2005 c.726 §14] (1) Violation of any provision of this
chapter or of any rule of the State Board of Pharmacy is a misdemeanor.
(2) Failure to comply with any notice, citation or subpoena issued
by the board under ORS 689.135 (13) is a misdemeanor. Each day during
which the violation continues is a separate offense.
(3) Refusal to furnish information required under this chapter or
willfully furnishing false information, is a misdemeanor.
(4) Any attempt to secure or the securing of registration or
licensure for any person under any certificate, license or permit
authorized by this chapter by making or causing to be made any false
representations is a misdemeanor. [1979 c.777 §41; 1985 c.131 §7; 1985
c.565 §115; 1993 c.571 §22]
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