justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.486. When license required; qualifications for licensure; renewal; temporary license; supervision required. (1) It is unlawful for any person to perform the duties of a pharmacy technician or use the title of pharmacy technician unless licensed to perform the duties of a pharmacy technician. (2) To be licensed to perform the duties of a pharmacy technician, a person shall: (a) Submit a license application in the manner prescribed by the State Board of Pharmacy; and (b) Pay the license fee established by the board. (3) The license application prescribed by the board shall include, but not be limited to: (a) The name and address of the applicant; (b) The educational qualifications of the applicant; (c) The work history of the applicant; and (d) The applicants criminal offender record of any conviction or of any arrest less than one year old on which there has been no acquittal or dismissal. (4) A license under this section expires annually. To renew a license to perform the duties of a pharmacy technician, a person shall: (a) Submit the application for renewal of a license in the form prescribed by the board; (b) Pay the license renewal fee established by the board; (c) Pay the fee for late license renewal, if applicable; (d) Provide updated information regarding educational qualifications, work history and criminal arrest and conviction history; and (e) Comply with all other requirements for license renewal established by the board. (5) The board may adopt rules to issue a temporary license to perform the duties of a pharmacy technician to a qualified applicant. A temporary license issued under this subsection may be renewed once. (6) A person may not employ an individual to perform the duties of a pharmacy technician unless the individual is licensed to perform the duties of a pharmacy technician under this chapter. (7) A person licensed to perform the duties of a pharmacy technician may perform the duties of a pharmacy technician only under the supervision, direction and control of a pharmacist.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.490. Board to establish licensing system; rules; fees. (1) In accordance with any applicable provisions of ORS chapter 183, the State Board of Pharmacy, by rule, shall establish a licensing system for persons who perform the duties of a pharmacy technician. The licensing system shall include but not be limited to the following provisions: (a) Prescribing the form and content of and the procedures for submitting an application for the issuance or renewal of a technician license. (b) Prescribing the fee for a license, for renewal of a license and for late renewal of a license. (c) Allowing an applicant to meet educational and experience requirements by providing the board with documentation of military training or experience that is substantially equivalent to the education or experience required by the board. (2) The board may refuse to issue or renew, or may suspend, revoke or restrict a technician license: (a) For any reason listed under ORS 689.405 (1); (b) If the applicant is not authorized to work for hire under Oregon law; or (c) For any other grounds that the board, in its discretion, believes would disqualify the applicant for a license. (3) Denial of a license under subsection (2) of this section is a contested case under ORS chapter 183.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.495. Provision of licensing information. (1) Upon the written request of a pharmacist, the State Board of Pharmacy shall provide the name, address, educational qualifications, work history, technician license history and criminal arrest and conviction history of any pharmacy technician licensed with the board. Information provided by the board pursuant to a request under this section shall be in writing and may be provided to the requester by means of facsimile or other electronic transmission or the United States Postal Service. (2) For purposes of this section: (a) Written request includes but is not limited to a request received by means of facsimile or other electronic transmission. (b) Work history includes but is not limited to information reported to the board pursuant to ORS 689.497 to the extent the information is not exempt from disclosure under ORS 676.175.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.497. Report required upon termination of pharmacy technician. (1) A pharmacy that terminates a pharmacy technician shall report the termination to the State Board of Pharmacy. In the sole discretion of the pharmacy, the pharmacy may report the reason for the termination. (2) A pharmacy reporting the termination of a pharmacy technician under subsection (1) of this section shall provide the pharmacy technician an opportunity to issue a statement accompanying the report of termination. The statement of the pharmacy technician may include any mitigating factors or other information the pharmacy technician deems relevant to the termination. (3) A pharmacy, pharmacist, pharmacy technician or any other person who, in good faith, submits a report of termination of a pharmacy technician under the provisions of this section is not liable for any civil damages as a result of submitting the report. (4) The information provided to the board pursuant to this section is: (a) Subject to disclosure as provided in ORS 689.495; and (b) Admissible as evidence for any purpose in any civil proceeding before a court, agency, board or third-party dispute resolution tribunal. (5) Nothing in subsection (3) of this section shall affect the admissibility in evidence of the records of a pharmacy or pharmacist that pertain to the work history or termination of employment of a pharmacy technician.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.499. Pharmacy technician specialized education program; rules. (1)(a) The State Board of Pharmacy may by rule identify activities performed by a pharmacy technician for which a specialized education program may be required. (b) If the board identifies an activity requiring specialized education under this subsection, the board shall approve no fewer than two specialized education programs to provide the specialized education. (c) Upon receipt of evidence satisfactory to the board that a pharmacy technician has satisfactorily completed a specialized education program approved by the board, the board shall note the specialized education on the license of the pharmacy technician. (2) The board may establish standards for renewal or revocation of a notation of specialized education under this section. (3) As used in this section, specialized education program means: (a) A program providing education for persons desiring licensure as pharmacy technicians that is approved by the board and offered by an accredited college or university that grants a two-year degree upon successful completion of the program; or (b) A structured program approved by the board and designed to educate pharmacy technicians in one or more specific issues of patient health and safety that is offered by: (A) An organization recognized by the board as representing pharmacists or pharmacy technicians; (B) An employer recognized by the board as representing pharmacists or pharmacy technicians; or (C) A trade association recognized by the board as representing pharmacies. [2005 c.313 16] PHARMACEUTICAL REPRESENTATIVES
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.508. Prescription records. The original record of every prescription filled by a pharmacy must be kept on file for three years at the pharmacy or as specified by State Board of Pharmacy rule. The prescription record must contain the date of the transaction and the brand name, or if the drug has no brand name, the generic name and the name of the manufacturer of any drug substituted pursuant to ORS 689.515. If the prescription may be communicated to the pharmacy by oral or electronic means, the prescription information may be recorded and stored in an electronic form that allows for ready retrieval. Prescriptions maintained in the file required under this section must be readily accessible to the board for inspection.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.524. Approval of coverage for biological product. ORS 689.522 does not prohibit an insurer or other health care payer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. [2016 c.43 4] Note:
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.525. Out-of-state prescriptions. (1) A prescription written by a practitioner licensed in a state or territory of the United States, other than Oregon, may be filled only if the pharmacist called upon to fill such prescription determines, in the exercise of professional judgment: (a) That it was issued pursuant to a valid patient-practitioner relationship; and (b) That it is authentic. (2) However, if the practitioner writing the prescription is not known to the pharmacist, the pharmacist shall obtain proof to a reasonable certainty of the validity of the prescription. (3) The provisions of ORS 689.515 authorizing generic substitution shall not apply to prescriptions described in this section unless authorized on the prescription.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.527. Prohibited practices; rules. (1) Except as approved by rule by the State Board of Pharmacy, a person may not dispense drugs to the public by means of automatic vending machines. (2) As used in this section, automatic vending machine means any mechanical device or contrivance whereby the purchaser is able to secure drugs. (3) A person may not adulterate for the purpose of sale any drug in such manner as to render it injurious to health, or knowingly sell or offer for sale any adulterated drug. (4) A person may not manufacture, compound or sell or offer for sale or cause to be manufactured, compounded, sold or offered for sale any drug, compound or preparation for internal or external use under or by a name recognized in the United States Pharmacopoeia, Homeopathic Pharmacopoeia or National Formulary which differs from the standard of strength and purity specified therein as official at the time of manufacture, compounding, sale or offering for sale. (5) A person may not manufacture, compound, sell or offer for sale, or cause to be manufactured, sold or offered for sale, any drug, the strength and purity of which falls below the professed standard of strength and purity under which it is sold. (6) A person may not sell, give away, barter, dispense, distribute, buy, receive or possess any prescription drug except as authorized by law. (7) A manufacturer or wholesaler may not sell or otherwise distribute, or offer to sell or otherwise distribute, any drug or device except to a person legally authorized to resell, dispense or otherwise redistribute such drug or device. The board may grant an exemption from the requirement of this subsection in the form of a special permit if the board finds that an exemption is in the best interest of the public health and safety. (8)(a) A person may not sell, purchase or trade or offer to sell, purchase or trade any drug sample. (b) As used in paragraph (a) of this subsection, drug sample means a unit of a drug, subject to this chapter, that is not intended to be sold and is intended to promote the sale of the drug, and includes a coupon or other form which may be redeemed for a drug. (9) For purposes of this section and ORS 678.375, distribution of prepackaged complimentary samples of medications by a nurse practitioner or clinical nurse specialist with prescription writing authority shall not constitute dispensing when the sample medication is within the prescriptive authority granted to that nurse practitioner or clinical nurse specialist. [Formerly 689.765]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.532. Complimentary samples. A practitioner who receives a complimentary sample of a controlled substance as defined in ORS 475.005 shall keep the sample in a securely locked, substantially constructed cabinet and shall maintain a record of receipts and withdrawals from each inventory of samples. Each licensing board that has jurisdiction over a practitioners license shall specify the recording requirements for complimentary samples by rule. The licensing board may inspect the records and the inventory of samples.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.555. Agricultural drugs and certain other substances. (1) Nothing in this chapter prohibits the sale by any person of agricultural or garden spray, sheep dip, blue stone, copperas, squirrel poison, fly paper, ant poison, gopher poison, insect powder, poultry vermifuge and arsenic sprays when they are in original unbroken packages, prepared and labeled with official poison labels and showing antidotes. (2) Nothing in this chapter requires or authorizes the licensing or regulation of the sale of economic poisons, which includes any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating any and all insects, fungi, weeds, parasites, or other plant or animal pest, collectively or individually, which may infest or be detrimental to vegetation or any domestic animal or fowl life.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.557. Disposal of marijuana item left at retail drug outlet; rules; exemption from criminal liability. (1) The State Board of Pharmacy shall establish by rule instructions for the disposal of a marijuana item as defined in ORS 475C.009 left behind by individuals visiting retail drug outlets. (2) At a minimum, the instructions established under subsection (1) of this section must: (a) Require an employee or supervisor of the retail drug outlet to notify law enforcement upon discovering the marijuana item at the site; and (b) Include procedures for destroying the marijuana item so that it can no longer be used for human consumption. (3) A person acting under and in accordance with this section is exempt from the criminal laws of this state for any criminal offense in which possession of marijuana or a marijuana item as defined in ORS 475C.009 is an element.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.560. [Amended by 1969 c.514 42; repealed by 1977 c.842 45 and 1979 c.777 59]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.561. Prescription readers; compatible labels; exception; rules. (1) As used in this section: (a) Person who is blind means a person who is: (A) Visually impaired; (B) Print disabled; or (C) A person who is blind as that term is defined in ORS 346.510. (b) Prescription reader means a device that is designed to audibly convey the information contained on the label of a prescription drug. (2) Except as provided in subsection (4) of this section, a pharmacy shall notify each person to whom a prescription drug is dispensed that a prescription reader is available to the person upon request. If a person informs the pharmacy that the person identifies as a person who is blind, the pharmacy shall provide to the person a prescription reader that is: (a) Available to the person for at least the duration of the prescription; and (b) Appropriate to address the persons visual impairment. (3) A pharmacy that provides a prescription reader under subsection (2) of this section shall ensure that the prescription label is compatible with the prescription reader. (4) The requirements of this section do not apply to prescription drugs dispensed by an institutional drug outlet. (5) The State Board of Pharmacy shall adopt rules to carry out this section.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.564. Language requirements for prescription drug labels; exceptions; interpretation and translation services; rules. (1) The State Board of Pharmacy shall adopt rules to require that, if a patient is of limited English proficiency and the prescribing practitioner, patient or an authorized representative of the patient so requests, a prescription drug dispensed by a pharmacy bear a label in both English and in the language requested and, if authorized by the board by rule, include an informational insert in both English and the language requested. The rules adopted under this section must: (a) Define limited English proficiency. (b) Determine the pharmacies to which the requirements of this section apply, and include at least retail drug outlets and other drug outlets that dispense prescription drugs. (c) Determine for which prescription drugs it is appropriate to include an informational insert in addition to the label. In adopting rules under this paragraph, the board shall consider the complexity and length of the directions for use of the prescription drug. (d)(A) Require that labels and informational inserts be available in at least 14 languages other than English that are spoken in Oregon by individuals who are of limited English proficiency, as determined by the most recent American Community Survey from the United States Census Bureau and in consultation with the Oregon Health Authority and other necessary resources. (B) Require the board to reassess, and update as necessary, the languages described in this paragraph at least once every 10 years, in consultation with the authority and other stakeholders. (2)(a) A pharmacy may contract with a third party for the translation of the labels and informational inserts required under subsection (1) of this section. (b) A pharmacy, pharmacist or pharmacy intern that dispenses a prescription drug in compliance with the requirements of subsection (1) of this section may not be held liable for injuries resulting from the actions of a third party if the pharmacy from which the label or informational insert was dispensed entered into a contract with the third party in good faith, and the pharmacy, pharmacist or pharmacy intern was not negligent with regard to the alleged misconduct of the third party. (3) This section does not apply to an institutional drug outlet. (4) The board may adopt other rules as necessary to carry out this section. (5) The board shall, in consultation with the Oregon Health Authority, adopt rules to require that a pharmacy post signage to provide notification of the right to free, competent oral interpretation and translation services for patients who are of limited English proficiency. Rules adopted under this subsection must comply with any relevant federal laws and regulations.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.565. [1999 c.874 1,2,3,4; repealed by 2007 c.272 13]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.580. [Amended by 1969 c.514 45; repealed by 1973 c.743 9 and by 1973 c.829 71]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.596. [1973 c.427 37 (enacted in lieu of 689.595); repealed by 1977 c.842 45 and 1979 c.777 59]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.600. [Amended by 1969 c.514 39; repealed by 1977 c.842 45 and 1979 c.777 59] MISCELLANEOUS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.610. [Amended by 1969 c.514 41; repealed by 1977 c.842 45 and 1979 c.777 59]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.615. Display of certificate or license; rules. (1) The holder of any certificate or license granted under this chapter shall display it conspicuously in the pharmacy or place of business to which it applies. (2) All pharmacist certificates issued by the State Board of Pharmacy shall bear the signatures of all members and officers of the board. (3) On payment by the applicant of the fee established by the board by rule under ORS 689.135, the board may issue a new certificate to a pharmacist if the applicant has lost the certificate or the certificate has been destroyed.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.630. [Repealed by 1965 c.46 1]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.635. Dispensing according to naturopathic formulary; effect of filling prescription of naturopath. A drug prescribed by a naturopathic physician licensed under ORS chapter 685 in accordance with the formulary established by ORS 685.145 may be dispensed by a licensed pharmacist or an employee of a licensed pharmacist according to the terms of the prescription. The filling of a prescription under this section does not constitute evidence of negligence on the part of the pharmacist or the employee if the prescription is dispensed within the reasonable and prudent practices of pharmacy.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.640. [Repealed by 1969 c.514 57]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.649. Public Health and Pharmacy Formulary Advisory Committee. (1) The State Board of Pharmacy shall convene a Public Health and Pharmacy Formulary Advisory Committee consisting of seven members, appointed by the Governor, for the purpose of advising the board in promulgating rules under ORS 689.645. The committee shall consist of: (a) Two physicians licensed to practice medicine under ORS 677.100 to 677.228; (b) Two advanced practice registered nurses who have prescriptive authority and who are licensed by the Oregon State Board of Nursing; and (c) Three pharmacists licensed by the State Board of Pharmacy, at least one of whom is employed as a community pharmacist and one of whom is employed as a health system pharmacist. (2) The Oregon Medical Board, the Oregon State Board of Nursing and the State Board of Pharmacy may each submit to the Governor a list of up to three names of individuals to be considered for membership for each of the vacancies required to be filled by licensees of each board. (3) The term of each member of the committee is two years. A member whose term has expired shall continue to serve until a successor is appointed. If a vacancy occurs, a person who is a representative of the same state agency as the departing member shall serve for the remainder of the term. (4) The committee shall elect one of its members to serve as chairperson. (5) Members of the committee are entitled to compensation and expenses as provided in ORS 292.495, to be paid by the State Board of Pharmacy. (6) A member of the committee who fails to attend two consecutive meetings of the committee shall be removed from the committee unless the failure to attend was because of a serious health condition of the member or a family member of the member. (7) The committee shall recommend to the State Board of Pharmacy for adoption by rule of the board a formulary of drugs and devices that a pharmacist may prescribe and dispense to a patient pursuant to a diagnosis by a health care practitioner qualified to make the diagnosis. The committee shall periodically review the formulary and recommend the revisions to the board for adoption by rule. (8) A pharmacist may request that the committee add a drug or device to the formulary by submitting to the committee a request form prescribed by the State Board of Pharmacy. The addition to the formulary of a drug or device under this subsection shall be considered a revision to the formulary that the committee may recommend to the board for adoption by rule. [2017 c.106 2] Note: