justicedao/ipfs_state_laws huggingface dataset:
855-115-0020 Licensure: Qualifications - Examination or Score Transfer (1) To receive licensure as a Pharmacist by examination or score transfer, an applicant must meet the following requirements: (a) Provide evidence in the form of an official transcript from an Accreditation Council for Pharmacy Education (ACPE) accredited college or school of pharmacy or compliance with OAR 855-115-0015 that: (A) A degree has been conferred; and (B) The applicant has completed a minimum of 1440 hours in an Internship Program as that term is defined in OAR 855-120-0005. (b) Pass the North American Pharmacist Licensure Examination (NAPLEX) exam. A passing result is valid for 12 months. A candidate who does not pass may retake the exam after a minimum of 45 days with a limit of three attempts in a 12-month period, not to exceed a lifetime maximum of 5 failed attempts; (c) Pass the Oregon Multistate Pharmacy Jurisprudence Examination (MPJE) exam. A passing result is valid for 12 months. A candidate who does not pass may retake the exam after a minimum of 30 days with a limit of three attempts in a 12-month period, not to exceed a lifetime maximum of 5 failed attempts; and (d) Complete one hour of continuing pharmacy education in pain management, provided by the Pain Management Commission of the Oregon Health Authority. (2) An applicant who has obtained their professional degree outside the United States is not eligible for licensure via examination or score transfer until they have met the requirements of OAR 855-115-0015. (3) An applicant applying via score transfer must request the National Association of Boards of Pharmacy to transfer their NAPLEX score to Oregon. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 413.590, ORS 689.151 & ORS 689.285 History: BP 19-2024, minor correction filed 03/01/2024, effective 03/01/2024 BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0025 Licensure: Qualifications - Reciprocity (1) An applicant for licensure as a Pharmacist by reciprocity must meet the requirements of ORS 689.265 and provide evidence of the following requirements: (a) Be a graduate, as shown by an official transcript, of an ACPE accredited college or school of pharmacy or compliance with OAR 855-115-0015; (b) Have passed the NAPLEX; (c) Have passed the Oregon MPJE. A passing result is valid for 12 months. A candidate who does not pass may retake the exam after a minimum of 30 days with a limit of three attempts in a 12-month period, not to exceed a lifetime maximum of 5 failed attempts; (d) Proof that each pharmacist license granted to the applicant is not suspended, revoked, canceled or otherwise completely restricted from the practice of pharmacy 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; and (e) Have either: (A) Been engaged in the practice of pharmacy for period of at least 12 months including a minimum of 1440 hours of work experience as a licensed Pharmacist. Evidence supporting this work experience must be provided at time of application; or (B) Completed 1440 hours in an Internship Program as that term is defined in OAR 855-031-0005 within the 12-month period immediately before the date of application. Evidence must be provided at time of application. (2) An applicant who has obtained their professional degree outside the United States and jurisdiction is not eligible for licensure by reciprocity until they have met the requirements of OAR 855-115-0015. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151, ORS 689.265 & ORS 689.405 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0030 Licensure: Application (1) An application for licensure as a Pharmacist may be accessed on the board website. (2) The board may issue a license to a qualified applicant after the receipt of: (a) Evidence of compliance with OAR 855-115-0020 or 855-115-0025; (b) A completed application including: (A) Payment of the fee prescribed in OAR 855-110; (B) A current, passport regulation size photograph (full front, head to shoulders); (C) Personal identification or proof of identity; and (D) Certificate of completion for the one hour of continuing pharmacy education in pain management, provided by the Pain Management Commission of the Oregon Health Authority; (c) A completed national fingerprint-based background check; and (d) A completed moral turpitude statement or a written description and documentation regarding all conduct that is required to be disclosed. (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; and (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 Pharmacist expires June 30 in odd numbered years and may be renewed biennially. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151, ORS 689.225 & ORS 689.285 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0035 Licensure: Renewal or Reinstatement (1) An applicant for renewal of a Pharmacist license must: (a) Pay the biennial license fee required in OAR 855-110; (b) Complete the continuing pharmacy education requirements as outlined 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) A Pharmacist who fails to renew their license by the expiration date and whose license has been lapsed for 12 months or less may apply to renew their license and must pay a late fee required in OAR 855-110. (3) A person who fails to renew their license by the expiration date and whose license has been lapsed for greater than 12 months may apply to reinstate their Pharmacist license as follows: (a) Apply per OAR 855-115-0030; (b) Provide certification of completion of the continuing pharmacy education requirement in OAR 855-135 for all years in which the license was lapsed; and (c) Meet the requirements below, if applicable. (4) A person must take and pass the Oregon MPJE if their pharmacist license has been lapsed for more than three years. A passing result is valid for 12 months. A candidate who does not pass may retake the exam after a minimum of 30 days with a limit of three attempts in a 12- month period, not to exceed a lifetime maximum of 5 failed attempts. (5) If the Pharmacist license has been lapsed for more than five years and the person has not maintained an active pharmacist license in another US state or jurisdiction, a person must comply with (4) and take and pass the NAPLEX. A passing result is valid for 12 months. A candidate who does not pass may retake the exam after a minimum of 45 days with a limit of three attempts in a 12 month period, not to exceed a lifetime maximum of 5 failed attempts. (6) In lieu of reinstatement, a person may apply for licensure via reciprocity if the person has maintained an active pharmacist license in good standing in another US state or jurisdiction. (7) A person whose Pharmacist license has been retired for more than 12 months need only pay the annual license fees for the year in which they seek a license, however they must also complete the requirements in (3). (8) A person whose Pharmacist license has been suspended, revoked or restricted has the right, at reasonable intervals, to petition to the board for reinstatement of such license pursuant to ORS 689.445 and in conjunction with the application process identified in OAR 855-115-0030. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151, ORS 689.275, ORS 689.285 & ORS 689.448 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0040 Licensure: Lapse (1) A Pharmacist 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 must not practice pharmacy if their license is lapsed. (d) A person may apply for renewal or reinstatement of their license according to OAR 855-115-0035. (2) If a Pharmacist requests to lapse their license prior to the expiration date, 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 will not accept the lapse if an investigation of or disciplinary action against the licensee is pending. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0045 Licensure: Retire (1) A Pharmacist may request that the board retire their license if the Pharmacist is in good standing, has been licensed as a Pharmacist for at least 20 years and is no longer practicing pharmacy. (a) A retired license is not considered discipline. (b) The board has continuing authority under ORS 689.153. (c) A person must not practice pharmacy if the license is retired. (d) A person may apply for renewal or reinstatement according to OAR 855-115-0035. (2) If a Pharmacist requests to retire their license prior to the expiration date of the license, the following applies: (a) The license remains in effect until the board accepts the request to retire the license. (b) If the board accepts the request to retire the license, the board will notify the licensee of the date the license is no longer active. (c) The board will not accept the request to retire the license if an investigation of or disciplinary action against the licensee is pending. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0050 Licensure: Voluntary Surrender A Pharmacist 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 order is signed by all parties and served on the licensee. (4) The licensee must cease practicing pharmacy from the date the license terminates. (5) A voluntarily surrendered license cannot be renewed. A former licensee who wants to obtain a license must apply for reinstatement per OAR 855-115-0035 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 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0060 Registration: In-State Volunteer (1) A Pharmacist may register with the board for the limitation on liability provided by ORS 676.340, which provides a licensee with specific exemptions from liability for the provision of pharmacy services without compensation under the terms of the law. (2) A no cost registration may be issued by the board upon receipt of a completed application. Registration requires submission of a signed form provided by the board in accordance with ORS 676.345(2). (3) Registration will expire at the licensee’s next license renewal date and may be renewed biennially. It is the licensee’s responsibility to ensure his or her active registration in this program. (4) Nothing in this section relieves licensee from the responsibility to comply with board regulations and still may be subject to disciplinary actions. (5) Pharmacists providing care under the provisions of ORS 676.340 and ORS 676.345 remain subject to the board complaint investigation process articulated in ORS 676.175. Statutory/Other Authority: ORS 676.340 & ORS 689.205 Statutes/Other Implemented: ORS 676.340 & ORS 676.345 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0065 Notification: Out-of-State Volunteer (1) A pharmacist who is not licensed in Oregon may, without compensation and in connection with a coordinating organization or other entity, practice pharmacy for 30 days each calendar year. The pharmacist is not required to apply for licensure or other authorization from the board to practice pharmacy under this section. (2) To practice pharmacy under this section, the pharmacist who is not licensed in Oregon must submit on a form prescribed by the board, at least 10 days prior to commencing practice in this state, to the board: (a) Proof that the pharmacist is in good standing and is not the subject of an active disciplinary action in any jurisdiction in which the Pharmacist is authorized to practice; (b) An acknowledgement that the pharmacist must provide services only within the scope of practice of pharmacy and will provide services pursuant to the scope of practice of this state or the health care practitioner’s licensing agency, whichever is more restrictive; (c) An attestation that the pharmacist will not receive compensation for practice in this state; (d) The name and contact information of the coordinating organization or other entity through which the Pharmacist will practice; and (e) The dates on which the pharmacist will practice in this state. (3) Except as otherwise provided, a pharmacist practicing under this section is subject to the laws and rules governing the pharmacy profession that the pharmacist is authorized to practice and to disciplinary action by the appropriate health professional regulatory board. Statutory/Other Authority: ORS 689.205, ORS 689.315 & ORS 676.347 Statutes/Other Implemented: ORS 689.151 & ORS 676.347 History: BP 62-2024, minor correction filed 09/06/2024, effective 09/06/2024 BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0070 Notification: Nuclear Pharmacists In order to qualify under these rules as a nuclear Pharmacist, a Pharmacist must : (1) Meet minimum standards of training and experience in the handling of radioactive materials in accordance with the requirements of the Radiation Protection Services of the Department of Human Services; and (2) Be a Pharmacist licensed to practice in Oregon; and (3) Submit to the Board of Pharmacy either: (a) Evidence of current certification in nuclear pharmacy by the Board of Pharmacy Specialties; or (b) Evidence that they meet both the following: (A) Certification of a minimum of six-months on-the-job training under the supervision of a qualified nuclear Pharmacist in a nuclear pharmacy providing radiopharmaceutical services; and (B) Certification of completion of a nuclear pharmacy training program in a college of pharmacy or a nuclear pharmacy training program approved by the board. (4) Receive a letter of notification from the board that the evidence submitted by the Pharmacist meets the above requirements and has been accepted by the board. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0105 Responsibilities: General When practicing pharmacy per ORS 689, each Pharmacist must: (1) Use that degree of care, skill, diligence and reasonable professional judgment that is exercised by a careful and prudent Pharmacist in the same or similar circumstances; (2) Be responsible for their own actions, however, this does not absolve the pharmacy from responsibility for the Pharmacist’s actions; (3) Be responsible for the actions of each Intern, Certified Oregon Pharmacy Technician, Pharmacy Technician and non-licensed pharmacy personnel under their supervision; (4) Ensure compliance with all state and federal laws and rules governing the practice of pharmacy; (5) Control each aspect of the practice of pharmacy; (6) Perform appropriately the duties of a Pharmacist; (7) Ensure access to reference material and equipment needed based on the services provided; (8) Ensure services are provided with required interpretation and translation per ORS 689.564; (9) Ensure services occur in a sanitary, secure and confidential environment; (10) Be clearly identified as a Pharmacist in all interactions and communications (e.g., nametag, phone interaction, chart notations); (11) Display in plain sight the Pharmacist license within the pharmacy or place of business to which it applies; (12) Engage in a continuous quality improvement program; and (13) Review, adhere to and enforce written policies and procedures. The review must: (a) Occur prior to engaging in the practice of pharmacy; (b) Occur with each update; and (c) Be documented and records retained according to OAR 855-104-0055. Statutory/Other Authority: ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: 2022 HB 4034, ORS 689.025, ORS 689.151, ORS 689.155, ORS 689.645, ORS 689.682 & OS 689.689 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0110 Responsibilities: Confidentiality Each Pharmacist must comply with OAR 855-104-0015 regarding confidentiality. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0115 Responsibilities: Duty to Report Each Pharmacist 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, a Pharmacist must report to the board without undue delay, but within 1 business day of: (1) Confirmed significant drug loss; or (2) Any loss related to suspected drug theft of a controlled substance. Statutory/Other Authority: ORS 689.205 & ORS 689.455 Statutes/Other Implemented: ORS 689.455, ORS 676.150, ORS 689.151 & ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0120 Responsibilities: Personnel (1) When practicing pharmacy per ORS 689, each Pharmacist must: (a) Ensure personnel that require licensure have been granted and maintain licensure with the board; (b) Ensure licensed personnel work within the duties permitted by their licensure; (c) Ensure non-Pharmacist personnel only perform duties they are licensed and trained to perform; (d) Know the identity of each Intern under their supervision, and Certified Oregon Pharmacy Technician and Pharmacy Technician under their supervision, direction and control at all times; (e) Ensure each Intern only practices pharmacy under the supervision of a Pharmacist as outlined in OAR 855-120 including any applicable ratios; (f) Ensure each Certified Oregon Pharmacy Technician and Pharmacy Technician only assists in the practice of pharmacy under the supervision, direction, and control of a Pharmacist as outlined in OAR 855-125; (g) Ensure licensed personnel do not engage in prohibited practices as outlined for Interns in OAR 855-120-0150 and for Certified Oregon Pharmacy Technicians and Pharmacy Technicians in OAR 855-125-0150; (h) Ensure non-licensed personnel do not practice or assist in the practice of pharmacy; (i) Ensure initial and ongoing training is completed that is commensurate with the tasks that the Pharmacist and persons under their supervision will perform, prior to the performance of those tasks; (j) Ensure continued competency in tasks that are performed by the Pharmacist and persons under their supervision; and (k) Ensure that the supervision of non-Pharmacist personnel does not exceed their capacity to safely supervise based on the workload and services being provided. (2) When engaging in the practice of pharmacy per ORS 689, each Pharmacist may delegate the practice of pharmacy to other health care providers who are appropriately trained and authorized to perform the delegated tasks. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0122 Responsibilities: Supervision (1) When supervising a Certified Oregon Pharmacy Technician or Pharmacy Technician, each Pharmacist may supervise as many Certified Oregon Pharmacy Technicians or Pharmacy Technicians as they believe in their reasonable professional judgment is appropriate to promote and protect patient health, safety and welfare. (2) When supervising an Intern, each Pharmacist may supervise: (a) No more than four Interns participating in direct patient care activities. (b) As many Interns as they believe in their reasonable professional judgment is appropriate to promote and protect patient health, safety and welfare for Interns participating in non-direct patient care activities such as informational health fairs that provide general information, but not patient-specific information. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 31-2023, adopt filed 12/19/2023, effective 03/01/2024