justicedao/ipfs_state_laws huggingface dataset:
855-115-0125 Responsibilities: Drugs, Records and Security When practicing pharmacy per ORS 689, each Pharmacist must: (1) Ensure the security of prescription drugs, pharmacy and patient records including: (a) Provide adequate safeguards against loss, theft, or diversion; and (b) Ensure only persons authorized by the Pharmacist access the areas where prescription drugs, pharmacy and patient records are stored by restricting access; (2) Ensure that all records are maintained in accordance with state and federal laws and rules; (3) Only receive drugs from an Oregon Registered Drug Outlet (e.g., Wholesaler, Manufacturer or Pharmacy); (4) Comply with the drug storage rules for pharmacies in OAR 855-041-1036; (5) Ensure drugs and devices that are recalled, outdated, damaged, deteriorated, misbranded, adulterated, counterfeit, or identified as suspect or illegitimate, or otherwise unfit for dispensing or administration must be documented, quarantined and physically separated from other drugs and devices until they are destroyed or returned to the supplier; (6) Ensure each compounded drug is prepared in compliance with OAR 855-045; (7) Ensure all computer equipment used for the practice of pharmacy: (a) Establishes and maintains a secure connection to patient information to which they have access; (b) Prevents unauthorized access to patient information; and (c) Is configured so information from any patient records are not duplicated, downloaded, or removed from the electronic database if accessed remotely; (8) Document accurately and maintain records in the practice of pharmacy including, but not limited to: (a) Services provided; (b) The date, time and identification of the licensee and the specific activity or functions performed; and (c) Maintain records pertaining to the acquisition, storage, dispensing or administration, and disposal of drugs and devices; and (9) Ensure reporting of data as required by federal and state regulations, including but not limited to: (a) ALERT Immunization Information System (ALERT-IIS) per ORS 433.090, ORS 433.092, ORS 433.094, ORS 433.095, ORS 433.096, ORS 433.098, ORS 433.100, ORS 433.102, ORS 433.103, and ORS 433.104; (b) Communicable diseases per ORS 433.004; and (c) Vaccine Adverse Event Reporting System (VAERS) per 21 CFR 600.80 (v. 04/01/2024). [Publications: Publications referenced are available for review at the agency.] Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 3-2025, amend filed 06/16/2025, effective 06/16/2025 BP 57-2024, amend filed 06/18/2024, effective 06/20/2024 BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0140 Drug Utilization Review (DUR) (1) A Pharmacist must complete a drug utilization review (DUR) by reviewing the patient record prior to dispensing each prescription drug or device for the purpose of identifying the following: (a) Over-utilization or under-utilization; (b) Therapeutic duplication; (c) Drug-disease contraindications; (d) Drug-drug interactions; (e) Incorrect drug dosage or formulation; (f) Inappropriate duration of treatment; (g) Drug-allergy interactions; and (h) Drug abuse or misuse. (2) Upon recognizing a concern with any of the items in (1)(a)-(h), the Pharmacist must take steps to mitigate or resolve the problem and document the steps taken and outcome. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0145 Counseling (1) For each prescription, the pharmacist must determine the manner and amount of counseling that is reasonable and necessary under the circumstance to promote safe and effective use or administration of the drug or device, and to facilitate an appropriate therapeutic outcome for that patient. (2) Counseling must be provided or offered to be provided to the patient or patient's agent on the use of a drug or device: (a) When the drug or device has not been previously dispensed to the patient by the Drug Outlet pharmacy; (b) When there has been a change in the dose, formulation, or directions; (c) When the prescription has been transferred to the Drug Outlet pharmacy by oral, written or electronic means; or (d) For any refill that the pharmacist deems counseling is necessary. (3) An offer for the pharmacist to counsel under (1) and (2) must be made by a licensee. (4) The pharmacist must counsel the patient or patient’s agent on the use of a drug or device upon request. (5) When communicating (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, the pharmacist must work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 unless the pharmacist is proficient in the patient's preferred language. (6) For a prescription where counseling has only been provided in writing, the pharmacist must provide drug information in a format accessible by the patient, including information on when the pharmacist is available and how the patient or patient’s agent may contact the pharmacist. (7) A pharmacist is not required to counsel a patient or patient’s agent when the patient or patient’s agent refuses such consultation. If refused: (a) Only a licensee can accept a patient’s or patient's agent’s request not to be counseled, when counseling is required. (b) The pharmacist may choose not to release the prescription until counseling has been completed. (8) Counseling must be provided under conditions that maintain patient privacy and confidentiality. (9) Counseling, offers to counsel or declinations of counseling regarding prescriptions must be documented with the licensee’s identity. (10) Additional forms of drug information (e.g., Medication Guide, Patient Package Inserts, Instructions for Use) must be used to supplement counseling when required by federal law or rule. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 31-2023, adopt filed 12/19/2023, effective 03/01/2024
855-115-0150 Prohibited Practices Pharmacists must not: (1) Engage in the dispensing, distribution or delivery of drugs unless working for a registered Drug Outlet pharmacy. (2) Possess personally or store drugs other than in a registered Drug Outlet pharmacy except for those drugs legally prescribed for the personal use of the Pharmacist or when the Pharmacist possesses or stores the drugs in the usual course of business and within the Pharmacist’s scope of practice. (3) Engage in any form of discrimination, harassment, intimidation, or assault. (4) Permit any Intern, Certified Oregon Pharmacy Technician or Pharmacy Technician to perform any task in which the supervising Pharmacist is not trained or qualified to perform. (5) Permit any non-licensed pharmacy personnel to perform any function that constitutes the practice of pharmacy as defined in ORS 689 or the assistance of the practice of pharmacy. Non-licensed personnel may only perform functions permitted by the Pharmacist providing supervision. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 16-2024, amend filed 03/01/2024, effective 03/01/2024 BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0205 Pharmacist-in-Charge: Qualifications and Limitations (1) In order to be a Pharmacist-in-Charge (PIC), a Pharmacist must have: (a) Completed at least one year of pharmacy practice; or (b) Completed a board provided PIC training course either before the appointment or within 90 days after the appointment; and (c) Be employed by the outlet. (2) A Pharmacist must not be designated PIC of more than three pharmacies. The following drug outlet types do not count towards this limit: (a) Pharmacy Prescription Kiosks in OAR 855-141; and (b) Pharmacy Prescription Lockers in OAR 855-143. (3) Effective July 1, 2025, in order to be a Pharmacist-in-Charge (PIC), a Pharmacist must complete a board provided PIC training course at least every five years. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 31-2023, adopt filed 12/19/2023, effective 03/01/2024
855-115-0210 Pharmacist-in-Charge: Responsibilities (1) In addition to the responsibilities of a Pharmacist outlined in OAR 855-115, a Pharmacist-in-Charge of a Drug Outlet pharmacy must: (a) Be actively engaged in pharmacy activities at the Drug Outlet pharmacy; (b) Be physically present at the Drug Outlet pharmacy on a regular basis for a sufficient amount of time as needed to ensure Drug Outlet pharmacy compliance; (c) Be responsible for the ongoing conduct, operation, management and control of the Drug Outlet pharmacy; (d) Establish, maintain, and enforce written policies and procedures governing the practice of pharmacy that are compliant with federal and state laws and rules; (e) Ensure maintenance of complete and accurate records; (f) Establish, maintain and enforce a continuous quality improvement program; (g) Develop, implement and submit a plan of correction for observations noted on an inspection within the time allowed by the board; (h) Complete an annual self-inspection of the pharmacy using the Self-Inspection Form provided by the board, by July 1 each year and within 15 days of becoming PIC. The completed self-inspection forms must be signed and dated by the PIC and retained for three years from the date of completion; and (i) Ensure a controlled substance inventory with discrepancy reconciliation is accurately completed and documented: (A) For all controlled drugs either prior to the opening or after the close of business on the inventory date: (i) Within 15 days of a change in PIC; and (ii) At least every 367 days; and (B) For all Schedule II controlled drugs: (i) At least every 93 days in a Retail Drug Outlet Pharmacy; and (ii) At least every 31 days in an Institutional Drug Outlet Pharmacy. (2) The PIC of a Drug Outlet pharmacy affiliated with the following Drug Outlet types must also comply with the PIC responsibilities as outlined in: (a) Pharmacy Prescription Kiosk in OAR 855-141; (b) Pharmacy Prescription Locker in OAR 855-143; and (c) Remote Dispensing Site Pharmacy in OAR 855-139. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0300 Services: Consulting Practice (1) A Pharmacist who provides services to an Oregon licensed healthcare facility must perform all duties and functions required by the healthcare facility's licensure as well as by any relevant federal and state laws and rules. (2) A Pharmacist who provides services to a correctional facility, long term care facility, community-based care facility, hospital drug room, or charitable pharmacy that does not have additional Pharmacist service requirements under the terms of its licensure with any other state agency, must provide services that include but are not limited to the following: (a) Provide the facility with policies and procedures relating to security, storage and distribution of drugs within the facility; (b) Provide guidance on the proper documentation of drug administration or dispensing; and (c) Provide educational materials or programs as requested. (3) A Pharmacist who provides services to an Oregon licensed healthcare provider must follow all state and federal laws and rules related to the practice of pharmacy. (4) A Pharmacist must maintain appropriate records of their services in (2) - (4) for three years and make them available to the board for inspection. (5) A Pharmacist may store protected health records outside an Oregon licensed facility as permitted in OAR 855-104-0055. (6) Records and documents must be retained according to OAR 855-104-0055. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0310 Services: Laboratory (1) A Pharmacist must only order and receive laboratory test when: (a) Managing drug therapy pursuant to the terms of a clinical pharmacy agreement or collaborative drug therapy management agreement with a provider under OAR 855-115-0315; (b) Providing patient care services pursuant to the terms of the post diagnostic formulary listed in OAR 855-115-0340 that is developed under ORS 689.645 and adopted by the board under ORS 689.649; (c) Providing patient care services pursuant to and as allowed by the terms of a protocol listed in OAR 855-115-0345 that is developed under ORS 689.645 and adopted by the board under ORS 689.649; (d) Permitted under a Health Screen Testing Permit pursuant to ORS 438.010(8); ORS 438.060; ORS 438.130(2); ORS 438.150(5), (6) and (7); OAR 333-024-0370, OAR 333-024-0375, OAR 333-024-0380, OAR 333-024-0385, OAR 333-024-0390, OAR 333-024-0395 and OAR 333-024-0400; or (e) Monitoring a therapeutic response or adverse effect to drug therapy under ORS 689.005. (2) A pharmacy may perform a laboratory test as permitted under ORS 689.661. (3) Records and documents must be retained according to OAR 855-104-0055. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0320 Services: Medication Therapy Management (1) Medication Therapy Management (MTM) is a distinct service or group of services that is intended to optimize the therapeutic outcomes of a patient. Medication Therapy Management can be an independent service provided by a Pharmacist or can be in conjunction with the provision of a medication product with the objectives of: (a) Enhancing appropriate medication use; (b) Improving medication adherence; (c) Increasing detection of adverse drug events; (d) Improving collaboration between practitioner and Pharmacist; and (e) Improving outcomes. (2) A Pharmacist that provides MTM services must ensure that they are provided according to the individual needs of the patient and may include but are not limited to the following: (a) Performing or otherwise obtaining the patient’s health status assessment; (b) Developing a medication treatment plan for monitoring and evaluating the patient’s response to therapy; (c) Monitoring the safety and effectiveness of the medication therapy; (d) Selecting, initiating, modifying or administering medication therapy in consultation with the practitioner where appropriate; (e) Performing a medication review to identify, prevent or resolve medication related problems; (f) Monitoring the patient for adverse drug events; (g) Providing education and training to the patient or the patient’s agent on the use or administration of the medication where appropriate; (h) Documenting the delivery of care, communications with other involved healthcare providers and other appropriate documentation and records as required. Such records must: (A) Be accurate; (B) Identify the person who completed each action; (C) Be retained according to OAR 855-104-0055. (i) Providing necessary services to enhance the patient’s adherence with the therapeutic regimen; and (j) Integrating the medication therapy management services within the overall health management plan for the patient. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0335 Services: Prescribing - Prohibited Practices (1) A Pharmacist must not prescribe a drug or device via Formulary or Protocol: (a) To self; or (b) When the Formulary or Protocol requires referral to a non-Pharmacist provider. (2) A Pharmacist must not require, but may allow, a patient to schedule an appointment with the Pharmacist for the prescribing or administering of an injectable hormonal contraceptive or the prescribing or dispensing of a self-administered hormonal contraceptive. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.645 & ORS 689.649 History: BP 6-2025, amend filed 08/08/2025, effective 08/08/2025 BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0340 Services: Prescribing - Formulary A Pharmacist may prescribe, according to OAR 855-115-0330 and OAR 855-115-0335, an FDA-approved drug and device listed in the Formulary, pursuant to a diagnosis by a health care practitioner who has prescriptive authority and who is qualified to make the diagnosis. Formulary devices and supplies: (1) Diabetic blood sugar testing supplies; (2) Injection supplies; (3) Nebulizers and associated supplies; (4) Inhalation spacers; (5) Peak flow meters; (6) International Normalized Ratio (INR) testing supplies; (7) Enteral nutrition supplies; (8) Ostomy products and supplies; and (9) Non-invasive blood pressure monitors; and (10) Continuous glucose monitors and associated supplies; and (11) Epinephrine. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.645 & ORS 689.649 History: BP 2-2026, amend filed 01/23/2026, effective 01/23/2026 BP 11-2025, minor correction filed 09/05/2025, effective 09/05/2025 BP 6-2025, amend filed 08/08/2025, effective 08/08/2025 BP 54-2024, amend filed 06/18/2024, effective 06/20/2024 BP 16-2023, adopt filed 08/16/2023, effective 03/01/2024
855-115-0350 Services: Prescribing Practices - Short-acting Opioid Antagonists (1) A Pharmacist may prescribe any FDA approved short-acting opioid antagonist (e.g., naloxone, nalmefene) and the necessary medical supplies to administer a short-acting opioid antagonist for opiate overdose: (a) When dispensing any opiate or opioid prescription in excess of 50 morphine milligram equivalents (MME); (b) To an individual seeking a short-acting opioid antagonist; (c) To an entity seeking a short-acting opioid antagonist. (2) A Pharmacist is not required to label the prescription according to OAR 855-041-1130 if dispensing a FDA approved short-acting opioid antagonist in the form of a nasal spray. (3) The Pharmacist must document the encounter, the prescription and maintain records according to OAR 855-104-0055. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.305, ORS 689.681, ORS 689.682 & ORS 689.684 History: BP 55-2024, amend filed 06/18/2024, effective 06/20/2024 BP 26-2023, adopt filed 10/16/2023, effective 03/01/2024
855-120-0001 Applicability This Division applies to any individual who is: (1) Enrolled in or has completed a Bachelor or Doctor of Pharmacy at a College of Pharmacy or School of Pharmacy (COP or SOP) or is certified by the Foreign Pharmacy Graduate Examination Committee (FPGEC), and who acts as Intern; or (2) Licensed by the board as a Preceptor to supervise an Intern. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.225 History: BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0005 Definitions (1) “ACPE accredited” means a college or school of pharmacy that is accredited, accredited with probation, pre-candidate or candidate status by Accreditation Council for Pharmacy Education (v. 03/25/2025) including the Lebanese American University school in Byblos, Lebanon after 2002. (2) “College of Pharmacy or School of Pharmacy (COP or SOP)” means an ACPE accredited college or school of pharmacy. (3) “Healthcare Preceptor” means a pharmacist, or person with an active healthcare license in good standing that can independently practice pharmacy within the scope of their licensure and is licensed by the board to supervise the internship training of a licensed Intern. (4) “Intern” means a person who is enrolled in or has completed a course of study at a board approved college or school of pharmacy and who is licensed with the board as an Intern. (5) “Internship Program” means a professional experiential program that is approved by the board. (6) “Internship Program Supervisor” is a Pharmacist licensed with the board as a Preceptor who supervises the Internship Program for a COP or SOP located in Oregon. (7) “Other Preceptor” means a person who is not licensed as a pharmacist or other healthcare provider in Oregon and is licensed by the board to supervise the internship training of a licensed Intern. (8) “Preceptor” means a Pharmacist or a person licensed by the board to supervise the internship training of a licensed Intern. [Publications: Publications referenced are available for review at the agency.] Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 & ORS 689.155 History: BP 3-2025, amend filed 06/16/2025, effective 06/16/2025 BP 57-2024, amend filed 06/18/2024, effective 06/20/2024 BP 15-2024, minor correction filed 03/01/2024, effective 03/01/2024 BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024
855-120-0010 Licensure: Qualifications - Intern (1) To qualify for licensure as an Intern, an applicant must provide proof that they: (a) Are enrolled in a Doctor of Pharmacy program at a COP or SOP; or (b) Have graduated with a Bachelor or Doctor of Pharmacy degree from a COP or SOP for the purpose of obtaining the qualifications to apply for a Pharmacist license; or (c) Have graduated with a Bachelor, Master or Doctor of Pharmacy degree from a foreign college or school of pharmacy and are: (A) Pursuing an Intern license for the purpose of obtaining the qualifications to apply for a Pharmacist license; and (B) Certified by the Foreign Pharmacy Graduate Examination Committee (FPGEC). Graduates between 1993 and June 30, 2004 of a Canadian Council for Accreditation of Pharmacy Programs (CCAPP) accredited pharmacy program located in Canada or its jurisdiction with a curriculum taught in English do not have to submit certification from the FPGEC but must meet all other requirements under this rule for an FPGEC certified intern. (2) If residing in the United States, an applicant must provide proof of citizenship, legal permanent residency or qualifying visa as required by 8 USC 1621. 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
855-120-0030 Licensure: Application - Intern (1) An application for licensure as an Intern may be accessed on the board website. (2) The board may issue a license to a qualified applicant after the receipt of: (a) Documentation required in OAR 855-120-0030 and for FPGEC certified documentation required in OAR 855-115-0015; and (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; (D) A completed national fingerprint-based background check; and (E) 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; (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 an Intern expires November 30 and may be renewed as follows: (a) Biennially prior to graduation from a COP or SOP. (b) Once after graduation from a COP or SOP. (c) Once if FPGEC certified or a graduate of a CCAPP program between 1993 and June 30, 2004. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 History: BP 20-2024, minor correction filed 03/03/2024, effective 03/03/2024 BP 17-2023, adopt filed 08/16/2023, effective 03/01/2024