justicedao/ipfs_state_laws huggingface dataset:
855-102-0105 State and National Criminal Background Checks for Employees, Volunteers and Employment Applicants (1) The board requires a criminal records check and fitness determination for board employees, volunteers or applicants for employment with the board. (2) Criminal records checks and fitness determinations are conducted pursuant to ORS 181A.170, ORS 181A.190, ORS 181A.195, ORS 670.280, ORS 676.303, OAR 125-007-0210, OAR 125-007-0220, OAR 125-007-0250, OAR 125-007-0260, OAR 125-007-0270, OAR 125-007-0300, OAR 125-007-0310 and OAR 125-007-0330. (a) To complete the criminal records check and fitness determination, the board may require additional information from the employee, volunteer or applicant, such as, but not limited to, proof of identity or additional criminal, judicial or other background information. (b) If the employee, volunteer or applicant has potentially disqualifying criminal offender information, the board will consider factors listed in ORS 181A.195 before making a fitness determination. (c) An approved fitness determination does not guarantee employment. (d) An incomplete fitness determination does not entitle the employee, volunteer or applicant the right to appeal under OAR 125-007-0300. (3) Pursuant to ORS 181A.195, and OAR 125-007-0310, information obtained in the criminal records check is confidential and will not be disseminated by the board except to persons with a demonstrated and legitimate need to know the information. Statutory/Other Authority: ORS 181A.195, ORS 676.303 & ORS 689.205 Statutes/Other Implemented: ORS 181A.170, ORS 181A.195 & ORS 676.303 History: BP 14-2023, adopt filed 08/15/2023, effective 03/01/2024
855-102-0110 Criminal Background Checks – Costs The applicant or licensee must pay the board the cost of acquiring and furnishing the criminal offender information. The amount will not exceed the cost to the board to obtain such information on behalf of the applicant or licensee, including fees charged to the board by the Oregon Department of State Police and the Federal Bureau of Investigation. Statutory/Other Authority: ORS 676.303 & ORS 689.205 Statutes/Other Implemented: ORS 181A.195, ORS 676.303 & ORS 689.207 History: BP 14-2023, adopt filed 08/15/2023, effective 03/01/2024
855-102-0125 Notice of Proposed Rule (1) Prior to the permanent adoption, amendment, or repeal of any rule, the State Board of Pharmacy must give notice of its intended action as required in ORS 183.335; (2) The board will notify and provide a reasonable opportunity for interested persons to be notified of the agency's proposed action in the following ways: (a) In the bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; (b) To persons who have requested notice pursuant to ORS 183.335(8) at least 28 days before the effective date; (c) To persons specified in ORS 183.335(15) at least 49 days before the effective date; and (d) To persons or organizations the board's Executive Director determines, pursuant to ORS 183.335, are interested persons in the subject matter of the proposed rule, or would be likely to notify interested persons of the proposal: (A) Oregon State Pharmacy Association; and (B) Oregon Society of Health System Pharmacists. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 183.335 & ORS 183.341 History: BP 14-2023, adopt filed 08/15/2023, effective 03/01/2024
855-102-0130 Amendment of Vaccine Protocol Rules to Adopt ACIP Recommendations Pursuant to ORS 689.645(5), the board delegates to the Board President the limited authority to amend the board’s vaccine protocols in OAR 855-115-0345 to adopt recommendations issued by the Advisory Committee on Immunization Practices (ACIP) adopted by the Centers for Disease Control and Prevention (CDC) except for vaccine protocols excluded by the Board. The Board President may further delegate this authority to board staff. ORS 689.649 does not apply to rule amendments made pursuant to the delegation of authority in this rule because those amendments are required and the board’s only course of action. Statutory/Other Authority: ORS 689.205 & ORS 689.645 Statutes/Other Implemented: ORS 689.205 & ORS 689.645 History: BP 1-2026, amend filed 01/23/2026, effective 01/23/2026 BP 14-2025, temporary amend filed 09/17/2025, effective 09/17/2025 through 03/15/2026 BP 5-2025, adopt filed 08/08/2025, effective 08/08/2025
855-104-0005 Duty to Cooperate (1) Applicants, licensees, and registrants must timely comply with all board requests, including responding accurately, fully and truthfully to inquiries and providing requested materials within the time allowed by the board and complying with a subpoena. (2) Applicants, licensees, and registrants must comply with the terms of board orders and agreements. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 676.612 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0010 Responsibilities: Duty to Report (1) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, each licensee must report to the board without undue delay, but within (a) 10 days if they: (A) Are convicted of a misdemeanor or a felony; or (B) Are arrested for a felony; or (C) Have reasonable cause to believe that any suspected violation of ORS 475, ORS 689 or OAR 855 has occurred. (b) 10 working days if they have reasonable cause to believe that another licensee (of the board or any other Health Professional Regulatory Board) has engaged in prohibited or unprofessional conduct to that licensee’s board; or (c) 15 days, if any change in: (A) Legal name; (B) For Pharmacists and Interns, name used when engaging in the practice of pharmacy and for Certified Oregon Pharmacy Technicians and Pharmacy Technicians, name used when assisting in the practice of pharmacy. (C) Preferred email address; (D) Personal phone number; (E) Personal physical address; (F) Personal mailing address; and (G) Employer. (2) A licensee who reports to a board in good faith as required by ORS 676.150 is immune from civil liability for making the report. (3) A Pharmacist, Certified Oregon Pharmacy Technician or Pharmacy Technician who reports to a board in good faith as required by ORS 689.455 is not subject to an action for civil damages as a result thereof. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 676.150, ORS 689.155, ORS 689.455 & ORS 689.486 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0015 Responsibilities: Confidentiality (1) No licensee or registrant of the board who obtains any patient information may disclose that information to a third-party without the consent of the patient except as provided in (2)(a)-(e) of this rule. (2) A licensee or registrant may disclose patient information: (a) To the board; (b) To a practitioner, Pharmacist, Intern, Certified Oregon Pharmacy Technician, Pharmacy Technician or registrant, if disclosure is authorized by a Pharmacist and disclosure is necessary to protect the patient’s health or well-being; or (c) To a third-party when disclosure is authorized or required by law; or (d) As permitted pursuant to federal and state patient confidentiality laws; or (e) To the patient or to persons as authorized by the patient. (3) A licensee or registrant of the board may not access or obtain any patient information unless it is accessed or obtained for the purpose of patient care or as allowed in (2)(a)-(e) of this rule. Statutory/Other Authority: ORS 689.205, ORS 689.305 & ORS 689.315 Statutes/Other Implemented: ORS 689.155 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0050 Patients Access to Pharmacy Records (1) Licensees and registrants of the board must make health information in the pharmacy record available to the patient or the patient’s representative upon their request, to inspect and obtain a copy of health information about the individual, except as provided by law and this rule. The patient may request all or part of the record. A summary may substitute for the actual record only if the patient agrees to the substitution. Board licensees and registrants are encouraged to use the written authorization form provided by ORS 192.566. (2) For the purpose of this rule, “health information in the pharmacy record” means any oral, written or electronic information in any form or medium that is created or received and relates to: (a) The past, present, or future physical or mental health of the patient. (b) The provision of healthcare to the patient. (c) The past, present, or future payment for the provision of healthcare to the patient. (3) Upon request, the entire health information record in the possession of the board licensee will be provided to the patient. This includes records from other healthcare providers. Information which may be withheld includes: (a) Information which was obtained from someone other than a healthcare provider under a promise of confidentiality and access to the information would likely reveal the source of the information; (b) Psychotherapy notes; (c) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and (d) Other reasons specified by federal regulation. (4) Registrants who have permanently closed must notify patients according to OAR 855-041-1092. (5) A reasonable cost may be imposed for the costs incurred in complying with the patient’s request for health information pursuant to ORS 192.563. (6) A patient may not be denied summaries or copies of pharmacy records because of inability to pay. (7) Requests for pharmacy records must be complied with within a reasonable amount of time not to exceed 30 days from the receipt of the request. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 192.553, ORS 192.556, ORS 192.558, ORS 192.563 & ORS 192.566 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0055 Record and Document Retention (1) Each licensee and registrant must create documents and retain records required by ORS 475, ORS 689, and OAR 855. Documents and records: (a) May be in written or electronic format; (b) Must be stored securely; (c) Must be made available to the board upon request; and (d) Must be retained for 3 years except that: (A) Clinical pharmacy records must be retained for 7 years; and (B) Training records for immunization administration and protocol and formulary prescribing, must be retained or uploaded into the licensee’s electronic licensing record with the board; (2) Records generated by a registrant: (a) Must be stored on-site by the registrant for at least 12 months and must be provided to the board immediately upon request at the time of inspection; (b) May be stored in a secured off-site location after 12 months of storage at the registrant and must be provided to the board upon request within 3 business days; (3) Records generated in the practice of pharmacy that do not belong to a registrant must be stored by a Pharmacist in a secure manner and provided to the board upon request within 3 business days; and (4) Records must be retained for longer periods of time than required under this rule if: (a) Federal law provides for a longer retention schedule; or (b) Licensee or registrant has received notice of a Board investigation to which the records would be relevant; (c) Licensee or registrant has received a Board request to retain the records for a longer period of time. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 & ORS 689.508 History: BP 6-2025, amend filed 08/08/2025, effective 08/08/2025 BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0060 Public Records Request to the Board Placeholder Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 192.440 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0100 Time for Requesting a Contested Case Hearing A request for a contested case hearing must be in writing and must be received by the board within 21 days from the date the contested case notice was served. When the board has issued a denial of a license, a request for a contested case hearing must be in writing and must be received by the board within 60 days from the date the licensure denial was served. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 183.435 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0105 Filing Exceptions and Argument to the Board After a proposed order has been served on a party, the party has 30 days to file written exceptions with the board from receipt of the proposed order. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0110 Petition for Reconsideration or Rehearing as Condition for Judicial Review All parties, including limited parties, must file a petition for reconsideration or rehearing with the board as a condition for obtaining judicial review of any order of the board. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0115 Inspections (1) A Compliance Officer is a board authorized representative and must be permitted entry to any drug outlet to conduct inspections at all reasonable hours. (2) The Compliance Officer is authorized and must be permitted to perform the following to determine compliance with ORS 475, ORS 689, and OAR 855 and board orders including but not limited to: (a) Inspecting conditions, structures, equipment, materials, and methods for compliance; (b) Inspecting all drugs and devices; (c) Taking photographs, recording video and audio; and (d) Reviewing, verifying and making copies of records and documents. (3) All licensees and employees must fully comply and cooperate with all questions and requests made by the Compliance Officer at the time of inspection. (4) Refusal to allow inspection is grounds for discipline. Statutory/Other Authority: ORS 475.125 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-104-0150 Military Spouse or Domestic Partner Licensure Process (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) To qualify for licensure under this rule, the military spouse or domestic partner must meet the following requirements: (a) Meet the qualifications for licensure as stated in OAR 855-115, OAR 855-120 or OAR 855-125. (b) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (c) Applicant must complete an application for licensure, provide the board with a valid email address, and complete and pass a national fingerprint-based criminal background check ; (d) Provide evidence of current licensure as a pharmacist, intern or pharmacy technician issued by another state; (e) Provide to the board, in a manner determined by the board, sufficient proof that the person is in good standing with the issuing out-of-state professional licensing board; and (f) Demonstrate competency as a pharmacist, intern or pharmacy technician by having at least one year of active practice during the three years immediately preceding the application. (3) A temporary authorization under this section is valid until the earliest of the following: (a) Two years after the date of issuance; (b) The date the spouse or domestic partner of the person to whom the authorization was issued completes the spouse’s term of service in this state; or (c) The date the person’s authorization issued by the other state expires. (4) A temporary authorization issued under this section is not renewable. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151, ORS 689.265, ORS 670.400 & ORS 670.403 History: BP 15-2023, adopt filed 08/15/2023, effective 03/01/2024
855-110-0003 General (1) All fees paid under these rules are non-refundable. (2) Fees cannot be prorated. (3) Fees for initial licensure as a Pharmacist, Pharmacy Technician or Certified Oregon Pharmacy Technician will be reduced to one-half of a biennial rate, if the application is received within 180 days of expiration. (4) A late fee must be paid: (a) When a renewal application is received after the date specified in these rules; or (b) When the board requests additional information from an applicant and this information is not provided within 30 days. (5) A fee may be assessed when an application is submitted incomplete and the board requests the missing information. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.135 History: BP 18-2022, amend filed 04/20/2022, effective 04/20/2022 BP 11-2022, temporary amend filed 02/16/2022, effective 02/16/2022 through 08/14/2022 BP 38-2021, amend filed 12/16/2021, effective 01/01/2022 BP 2-2016, f. 6-30-16, cert. ef. 7-1-16 BP 13-2014, f. 12-30-14, cert. ef. 4-1-15 BP 5-2009, f. & cert. ef. 12-24-09 BP 2-2009(Temp), f. 6-22-09, cert. ef. 6-26-09 thru 12-23-09
855-110-0006 Pharmacist Examination Fees Paid to NABP (1) Pharmacist examination fees to be paid to the National Association of Boards of Pharmacy (NABP) for NAPLEX exam: (a) NAPLEX Examination fee - $520 (b) NAPLEX Reexamination fee - $520 (c) All other associated fees see NABP website. (2) Pharmacist jurisprudence examination fees to be paid to NABP for MPJE exam: (a) MPJE Examination fee - $170 (b) MPJE Reexamination fee - $170 (c) All other associated fees see NABP website. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.135 History: BP 15-2025, adopt filed 10/13/2025, effective 10/13/2025 BP 4-2025, temporary adopt filed 07/16/2025, effective 07/16/2025 through 01/11/2026
855-110-0010 Fees for Registration for Controlled Substances (1) Animal Euthanasia controlled substance registration fee - $105 annually. (2) Drug Distribution Agent controlled substance registration fee - $140 annually. (3) Drug Room (including Correctional Facility) controlled substance registration fee - $140 annually. (4) Manufacturer controlled substance registration fee - $140 annually. (5) Retail or Institutional Drug Outlet controlled substance registration fee - $140 annually. (6) Schedule II Precursor registration fee - $105 annually. (7) Wholesaler controlled substance registration fee - $140 annually. (8) Remote Distribution Facility controlled substance registration fee - $140 annually. Statutory/Other Authority: ORS 689.205, ORS 291.055 & ORS 475.095 Statutes/Other Implemented: ORS 689.135 History: BP 15-2025, amend filed 10/13/2025, effective 10/13/2025 BP 4-2025, temporary amend filed 07/16/2025, effective 07/16/2025 through 01/11/2026 BP 38-2021, amend filed 12/16/2021, effective 01/01/2022 BP 4-2019, amend filed 06/24/2019, effective 07/01/2019 BP 2-2016, f. 6-30-16, cert. ef. 7-1-16 BP 7-2013, f. & cert. ef. 9-23-13 BP 4-2013(Temp), f. & cert. ef. 7-9-13 thru 1-5-14 BP 3-2013(Temp), f. 6-27-13, cert. ef. 7-1-13 thru 12-28-13 BP 8-2011, f. & cert. ef. 12-15-11 BP 5-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11 BP 5-2009, f. & cert. ef. 12-24-09 BP 2-2009(Temp), f. 6-22-09, cert. ef. 6-26-09 thru 12-23-09 BP 2-2005, f. 2-14-05, cert. ef. 3-1-05 PB 1-1996, f. & cert. ef. 4-5-96 PB 3-1991, f. & cert. ef. 9-19-91 PB 10-1990, f. & cert. ef. 12-5-90 PB 15-1989, f. & cert. ef. 12-26-89 1PB 2-1984, f. & ef. 3-7-84 1PB 6-1982, f. & ef. 8-6-82 1PB 2-1980, f. & ef. 4-3-80 1PB 2-1979(Temp), f. & ef. 10-3-79
855-115-0001 Applicability (1) This Division applies to any Pharmacist who engages in the practice of pharmacy. (2) Only persons licensed with the board as a Pharmacist may practice pharmacy and must act in compliance with statutes and rules unless exempt under ORS 689.225. (3) A pharmacist who is located in another state and who engages in the practice of pharmacy for a patient, drug outlet or healthcare facility in Oregon, must be licensed by the board in accordance with the following rules, except that a pharmacist working for an out-of-state pharmacy, who only performs the professional tasks of interpretation, evaluation, DUR, counseling and verification associated with their dispensing of a drug to a patient in Oregon, is not required to be licensed by the board unless they are the pharmacist-in-charge (PIC). Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.255 History: BP 4-2024, adopt filed 02/15/2024, effective 03/01/2024
855-115-0010 Licensure: Qualifications - General (1) Before licensure as a Pharmacist, an applicant must meet the qualifications required that are applicable to their method of licensure: (a) Examination or Score Transfer in OAR 855-115-0020; or (b) Reciprocity in OAR 855-115-0025. (2) If residing in the United States, proof of citizenship, legal permanent residency or qualifying visa, as required by 8 USC 1621. (3) Foreign pharmacy graduates must also meet the requirements of OAR 855-115-0015 prior to applying for a Pharmacist license. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.285 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0015 Licensure: Qualifications - Foreign Pharmacy Graduate Education (1) An applicant for pharmacist licensure who graduated from a foreign school, college, or program of pharmacy must meet the following educational requirements: (a) Obtain certification from the Foreign Pharmacy Graduate Examination Committee (FPGEC); and (b) Submit evidence of 1440 hours in pharmacy practice as an intern or pharmacist in the United States or its jurisdiction. (2) (1)(a) is not required for graduates of: (a) A Canadian Council for Accreditation of Pharmacy Programs (CCAPP) accredited pharmacy program located in Canada or its jurisdiction with a curriculum taught in English and who graduated between 1993 and June 30, 2004. (b) The ACPE-accredited program at the Lebanese American University in Byblos, Lebanon with a Doctor of Pharmacy degree and graduated after 2002. (3) If (1)(a) is required, an applicant must not count internship hours or practice as a pharmacist towards the requirement in (1)(b) that was completed before achieving the FPGEC certification. (4) Once the educational qualifications in this rule are met, an applicant must also comply with the requirements for licensure in OAR 855-115-0020 for examination or score transfer or OAR 855-115-0025 for reciprocity. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.255 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024