justicedao/ipfs_state_laws huggingface dataset:
855-120-0035 Licensure: Renewal or Reinstatement - Intern (1) When applying for renewal of an Intern license, an applicant must: (a) Pay the biennial license fee required in OAR 855-110; (b) Complete the continuing pharmacy education requirements as directed in OAR 855-135; (c) Be subject to a criminal background check; and (d) Provide a written description and documentation regarding all conduct that is required to be disclosed. (2) An Intern who fails to renew their license by the expiration date and whose license has been lapsed for one year or less may apply to renew their license. (3) An Intern or who fails to renew their license by the expiration date and whose license has been lapsed for greater than one year may apply to reinstate per OAR 855-120-0030; and (4) A person whose Intern license has been suspended, revoked or restricted has the right, at reasonable intervals, to petition to the board in writing for reinstatement of such license pursuant to ORS 689.445 may apply to reinstate per OAR 855-120-0030. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151, ORS 689.275 & ORS 689.445 History: BP 21-2024, minor correction filed 03/03/2024, effective 03/03/2024 BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0040 Licensure: Lapse - Intern (1) An Intern may let their license lapse by failing to renew or request that the board accept the lapse of their license prior to the expiration date: (a) Lapse of a license is not discipline. (b) The board has jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee. (c) A person may not practice as an Intern if the license is lapsed. (d) A person may apply for renewal according to OAR 855-120-0035. (2) If a person requests lapse prior to the expiration date of the license, the following applies: (a) The license remains in effect until the board accepts the lapse. (b) If the board accepts the lapse, the board will notify the licensee of the date the license terminates. (c) The board may not accept the lapse if an investigation of or disciplinary action against the licensee is pending. (d) The licensee must return the license to the board within 10 days of the board accepting the lapse. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0050 Licensure: Voluntary Surrender - Intern An Intern may request that the board accept the voluntary surrender of their license. (1) A voluntary surrender of a license is discipline. (2) The license remains in effect until the board accepts the surrender. (3) If the board accepts a request for voluntary surrender, the board will issue a final order terminating the license, signed by the licensee and a board representative. The termination date is the date is signed by all parties and served on the licensee. (4) The licensee must cease practicing as an Intern from the date the license terminates. (5) A voluntarily surrendered license may not be renewed. A former licensee who wants to obtain a license must apply for a license per OAR 855-120-0030 unless the final order prohibits the licensee from doing so. (6) The board has jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0105 Responsibilities: General - Intern (1) Each Intern is responsible for their own actions; however, this does not absolve the supervising Pharmacist or Preceptor and the pharmacy from responsibility for the Intern’s actions. (2) An Intern is responsible for recognizing the limits of their knowledge and experience and for resolving situations beyond their expertise by consulting with the supervising Pharmacist or Preceptor. (3) An Intern must: (a) Comply with all state and federal laws and rules governing the practice of pharmacy; (b) Only engage in the practice of pharmacy under the supervision of a Pharmacist or Healthcare Preceptor: (A) After successful completion of academic coursework corresponding to those tasks; and (B) When permitted by the supervising Pharmacist or Healthcare Preceptor; (c) Only work within the scope of duties permitted by their license and by the supervising Pharmacist or Healthcare Preceptor; (d) Know the identity of the supervising Pharmacist or Preceptor at all times; (e) Only perform tasks they are trained and competent to perform; (f) Appropriately perform the tasks permitted; (g) Only access the pharmacy area when a Pharmacist is physically present; (h) Be clearly identified as an Intern in all interactions and communications (e.g., nametag, phone interaction, chart notations); (i) Display in plain sight the Intern license within the pharmacy or place of business to which it applies; (j) Review and adhere to written policies and procedures. The review must: (A) Occur prior to engaging in the practice of pharmacy as an Intern; (B) Occur with each update to the policies and procedures; and (C) Be documented and records retained according to OAR 855-104-0055; (k) Dispense and deliver prescriptions accurately and to the correct party; and (l) For hours earned in an Internship Program, must verify that their Preceptor is currently licensed with the board as a Preceptor. (4) An Intern may not work more than 50 hours per week in an Internship Program and must comply with all supervision and ratio requirements. (5) An Intern may perform the duties of a pharmacy technician under the supervision of a Pharmacist so long as they adhere to the rules in OAR 855-125. When solely performing technician duties under the supervision of a Pharmacist the ratios in OAR 855-120-1122 do not apply. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0110 Responsibilities: Confidentiality - Intern Each Intern must comply with OAR 855-104-0015 regarding confidentiality. Statutory/Other Authority: ORS 689.205, ORS 689.305 & ORS 689.315 Statutes/Other Implemented: ORS 689.155 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0115 Responsibilities: Duty to Report - Intern Each Intern must report to the board as required by OAR 855-104-0010. In addition, unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, each Intern must report to the board without undue delay, but within 10 working days if they: (1) Have been removed from an Internship Program site for reasons including but not limited to patient safety, unprofessional conduct or suspected violation of ORS 475, ORS 689 or OAR 855; or (2) Have been dismissed from the Doctor of Pharmacy degree program. (3) For (1) and (2) the Intern must report the date and reason for the removal or dismissal. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 676.150, ORS 689.151, ORS 689.155 & ORS 689.455 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0135 Responsibilities: Permitted Practices - Intern Interns must only practice pharmacy as authorized by the rules of the board and as permitted by the supervising Pharmacist or Healthcare Preceptor with the practice of pharmacy in their scope. When practicing pharmacy, an Intern must adhere to all the applicable rules in OAR 855-115 for Pharmacists. Statutory/Other Authority: ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0150 Prohibited Practices - Intern (1) An Intern must not: (a) Practice pharmacy as defined in ORS 689.005 except as permitted by the Pharmacist or Healthcare Preceptor who is supervising the Intern; (b) Engage in any form of discrimination, harassment, intimidation, or assault in the workplace; (c) Communicate (e.g., counseling, patient care services, billing) with a patient who prefers to communicate in a language other than English or who communicates in signed language, unless the Intern is a health care interpreter registered by the Oregon Health Authority under ORS 413.558 or the supervising Pharmacist or Preceptor is also fluent in the language being interpreted; or (d) Engage in patient care services when the supervising Pharmacist is not trained and qualified to perform the service. (2) Until an Intern has successfully completed their first academic year, an Intern may observe, but must not: (a) Conduct a Drug Utilization Review or Drug Regimen Review; (b) Counsel a patient or the patient’s agent regarding a prescription, either prior to or after dispensing, or regarding any medical information contained in the patient’s record or chart; (c) Advise on therapeutic values, content, hazards and use of drugs and devices; (d) Conduct Medication Therapy Management; (e) Practice pursuant to a Clinical Pharmacy Agreement or engage in Collaborative Drug Therapy Management; (f) Practice pursuant to Statewide Drug Therapy Management Protocols; (g) Prescribe a vaccine, drug or device; or (h) Perform verification as defined in OAR 855-006-0005. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 56-2024, amend filed 06/18/2024, effective 06/20/2024 BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0155 Grounds for Discipline - Intern The following are grounds for discipline: (1) Continuing to practice as an Intern when one of the following has occurred: (a) Dismissal from the Doctor of Pharmacy degree program enrolled in to obtain the Intern license; or (b) Failure to maintain an active Intern license; or (2) Any other grounds found in ORS 689.405. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.405 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0190 Internship Programs (1) Interns must complete 1440 hours of internship in an Internship Program to qualify for licensure as a Pharmacist in OAR 855-115-0010 and 855-115-0015. (2) For obtaining internship hours necessary to apply for a Pharmacist license, the board approves programs: (a) Administered by an COP or SOP; (b) Administered for a foreign graduate with FPGEC certification by a Pharmacist registered with the board as a Preceptor; (c) Administered by another Board of Pharmacy or equivalent in any US state or jurisdiction. (3) The Internship Program for: (a) Students enrolled in a COP or SOP located in Oregon must be supervised by an Internship Program Supervisor; or (b) Foreign graduates with FPGEC certification located in Oregon must be supervised by a licensed Preceptor. (4) Foreign graduates with FPGEC certification located in Oregon must document the hours obtained on a board approved form. (5) All Internship Programs must include, but are not limited to: (a) Direct patient care; (b) Interprofessional interaction and practice; (c) Medication dispensing, distribution, administration, and systems management; and (d) Professional development. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0195 Out-of-State Internship Experience (1) In order for an Intern to obtain credit for experience obtained outside of Oregon as part of an COP or SOP with an Internship Program based in Oregon, an Intern must be licensed as required by state laws and rules in the state in which they practice. (2) In order for an out-of-state intern to engage in the practice of pharmacy in the State of Oregon, the intern must: (a) Be licensed as an Intern by the State of Oregon; and (b) Comply with ORS 475, ORS 689 and OAR 855. Statutory/Other Authority: ORS 689.151, ORS 689.205 & ORS 689.255 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1010 Licensure: Qualifications - Preceptor To qualify for licensure as a Preceptor, an applicant who is: (1) A pharmacist must have been actively practicing as a pharmacist in any state for at least one year immediately prior to applying for a Preceptor license unless the pharmacist has been licensed for at least 6 months and is actively participating in an ASHP-accredited, pre-candidate, candidate or conditional accredited PGY1 residency program. The pharmacist license must be in good standing. (2) A licensed healthcare professional must possess a license in good standing. (3) Not a licensed healthcare professional must possess a Master or Doctorate degree in the academic discipline for which they are precepting. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.255 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1030 Licensure: Application - Preceptor (1) An application for licensure as a Preceptor may be accessed on the board website. (2) The board may issue a license to a qualified applicant after the receipt of: (a) Attestation to the requirements in OAR 855-120-1010; (b) A completed application; and (c) Personal identification that includes a photograph. (3) Penalties may be imposed for: (a) Failure to completely and accurately answer each question on the application for licensure or renewal of licensure; (b) Failure to disclose any requested information on the application; (c) Failure to respond to requests for information resulting from the application; (d) Any other grounds found in ORS 689.405. (4) An application submitted to the board that is not complete within 90 days from applicant submission will be expired. Once expired, an applicant who wishes to continue with the application process must reapply by submitting a new application, along with all documentation, and all fees. While a new application and documentation is required, the board may still consider information that was provided in previous applications. (5) The license of a Preceptor expires June 30 in odd numbered years and may be renewed biennially. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1035 Licensure: Renewal or Reinstatement - Preceptor (1) A Preceptor who holds a Pharmacist license will be automatically renewed with each Pharmacist license renewal unless the Pharmacist requests to lapse their Preceptor license per OAR 855-120-1040. (2) Each Healthcare Preceptor or Other Preceptor must complete a new Preceptor application for license renewal per OAR 855-120-1010. (3) A Preceptor who fails to renew their license by the expiration date and whose license has been lapsed for one year or less may apply to renew their license. (4) A Preceptor or who fails to renew their license by the expiration date and whose license has been lapsed for greater than one year may apply to reinstate per OAR 855-120-1010; and (5) A person whose Preceptor license has been suspended, revoked or restricted has the right, at reasonable intervals, to petition to the board in writing for reinstatement of such license pursuant to ORS 689.445 and may apply to reinstate per OAR 855-120-1010. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151, ORS 689.275 & ORS 689.445 History: BP 2-2024, adopt filed 02/15/2024, effective 03/01/2024
855-120-1040 Licensure: Lapse - Preceptor (1) A Preceptor may let their license lapse by failing to renew or request that the board accept the lapse of their license prior to the expiration date. (a) Lapse of a license is not discipline. (b) The board has jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee. (c) A person may not practice as a Preceptor if the license is lapsed. (d) A person may apply to reinstate a Preceptor license according to OAR 855-120-1035. (2) If a person requests to lapse the license, the following applies: (a) The license remains in effect until the board accepts the lapse. (b) If the board accepts the lapse, the board will notify the licensee of the date the license terminates. (c) The board may not accept the lapse if an investigation of or disciplinary action against the licensee is pending. (d) The licensee must return the license to the board within 10 days of the board accepting the lapse. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1050 Licensure: Voluntary Surrender - Preceptor A Preceptor may request that the board accept the voluntary surrender of their license. (1) A voluntary surrender of a license is discipline. (2) The license remains in effect until the board accepts the surrender. (3) If the board accepts a request for voluntary surrender, the board will issue a final order terminating the license, signed by the licensee and a board representative. The termination date is the date the licensee is sent the executed final order. (4) The licensee must cease acting as a Preceptor from the date the license terminates. (5) A voluntarily surrendered license may not be renewed. A former licensee who wants to obtain a license must apply for reinstatement per OAR 855-120-1035 unless the final order prohibits the licensee from doing so. (6) The board has jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1070 Responsibilities: General - Preceptor (1) Each Preceptor is responsible for their own actions. (2) Each Preceptor is responsible for supervising the actions of each Intern. (3) A Preceptor must: (a) Display in plain sight the Preceptor license within the pharmacy or place of business to which it applies; (b) Provide the Intern with experiences which, in the Preceptor's judgment, will increase the Intern's competency in the practice of pharmacy or as a member of the healthcare team; and (c) Verify that each Intern being supervised by the Preceptor is currently licensed with the board as an Intern. Statutory/Other Authority: ORS 689.151 & ORS 689.205 Statutes/Other Implemented: ORS 689.255 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1110 Responsibilities: Confidentiality - Preceptor Preceptors must follow all applicable confidentiality laws. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1115 Responsibilities: Duty to Report - Preceptor Within 10 working days, unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, each: (1) Preceptor at an Internship Program site must report if they have dismissed an Intern from an Internship Program site for reasons including but not limited to patient safety, unprofessional conduct or suspected violation of ORS 475, ORS 689 or OAR 855. (2) Internship Program Supervisor must report the following on behalf of a COP or SOP if it: (a) Has removed a Preceptor or Internship Program site from the Internship Program for reasons including but not limited to patient safety, unprofessional conduct or suspected violation of ORS 475, ORS 689 or OAR 855; or (b) Has dismissed an Intern from a Doctor of Pharmacy degree program. (3) For (1) and (2) the Preceptor and Internship Program Supervisor must report the date and reason for the removal. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 676.150, ORS 689.151, ORS 689.155 & ORS 689.455 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1122 Responsibilities: Supervision - Preceptor (1) For direct patient care activities, a Pharmacist or Preceptor may supervise no more than four Interns. (2) For non-direct patient care activities, a Pharmacist or Preceptor may supervise as many Interns as they believe in their reasonable professional judgment is appropriate to promote and protect patient health, safety and welfare. (3) The majority of an Intern’s overall experience in an Internship Program must be under the supervision of a licensed Pharmacist Preceptor. Statutory/Other Authority: ORS 689.151 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 & ORS 689.255 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1150 Prohibited Practices - Preceptor (1) A Preceptor must not engage in any form of discrimination, harassment, intimidation, or assault in the workplace. (2) A Preceptor, who is not a Pharmacist, must not supervise an Intern in the practice of pharmacy as defined in ORS 689.005 unless the: (a) Practice is within the scope of the Healthcare Preceptor’s professional license; (b) Intern is practicing as a part of an Internship Program at a COP or SOP; and (c) Intern has successfully completed their first academic year. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1155 Grounds for Discipline - Preceptor The board may suspend, revoke, or restrict the license of a Preceptor or may impose a civil penalty upon the Preceptor upon the following grounds: (1) Continuing to supervise an Intern in an Internship Program when one of the following has occurred: (a) School has removed the Preceptor or Internship Program site from the Internship Program for reasons including but not limited to patient safety, unprofessional conduct or suspected violation of ORS 475, ORS 689 or OAR 855. (b) Licensee is not permitted to supervise an Intern per Board order. (c) Registrant is not permitted to utilize Interns per Board order. (2) Any other grounds found in ORS 689.405. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.405 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-1205 Qualifications and Responsibilities: Internship Program Supervisor (1) The Internship Program Supervisor for a COP or SOP located in Oregon must: (a) Be licensed as a Pharmacist (b) Be licensed as a Preceptor; (c) Maintain a record of each internship completed as part of the Internship Program. This record must be made available to the board upon request; (d) Submit a report on the Internship Program to the board at the end of each academic year. This report must include the names of students who have: (A) Successfully completed the degree program including: (i) Date of graduation; and (ii) Hours earned in Internship Program; and (B) Extended their course of study; and (e) Maintain a list of preceptors and Internship Program sites, in and out-of-state, approved by the school and must make this list available to the board upon request. (2) The Pharmacist who supervises the Internship Program for a FPGEC certified Intern located in Oregon must: (a) Be licensed as a Pharmacist; (b) Be licensed as a Preceptor; and (c) Certify hours completed for internship credit in the Internship Program on a board-approved form. This record must be made available to the board upon request. (3) The Internship Program Supervisor in (1) and the supervising Preceptor in (2) must ensure the Internship Program includes the following components: (a) Direct patient care; (b) Interprofessional interaction and practice; (c) Medication dispensing, distribution, administration, and systems management; and (d) Professional development. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024