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

ORS 689.165. Officers; executive director. (1) The State Board of Pharmacy shall elect from its members a president and vice president and such other officers as it deems appropriate and necessary to the conduct of its business. The President of the State Board of Pharmacy shall preside at all meetings of the board and shall be responsible for the performance of all of the duties and functions of the board required or permitted by this chapter. If the president is absent or unable to preside, the vice president shall preside. Each additional officer elected by the board shall perform those duties normally associated with their position and such other duties assigned from time to time by the board. (2) Officers elected by the board shall serve terms of one year commencing with the day of their election, and ending upon election of their successors and shall serve no more than one consecutive full term in each office to which they are elected. (3) The executive director of the board shall be responsible for the performance of the regular administrative functions of the board and such other duties as the board may direct. The executive director shall not perform any discretionary or decision-making functions for which the board is solely responsible.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.175. Compensation of board members and executive director. (1) Each member of the State Board of Pharmacy shall receive compensation for each day on which the member is engaged in performance of the official duties of the board, and reimbursement for all expenses incurred in connection with the discharge of such official duties as provided in ORS 292.495. (2) The Executive Director of the State Board of Pharmacy shall receive, as compensation, an annual salary payable monthly, the amount of which shall be determined by the board, and reimbursement for all expenses incurred in connection with performance of official duties, subject to applicable law and to the rules of the Oregon Department of Administrative Services.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.180. [Amended by 1969 c.514 3; repealed by 1977 c.842 45 and 1979 c.777 59]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.185. Meetings. (1) The State Board of Pharmacy shall meet at least once every three months to transact its business. One such meeting held during each fiscal year of the state shall be designated by rule as the annual meeting and shall be for the purpose of electing officers and for the reorganization of the board. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by majority of members of the board. (2) The board shall meet at such place as it may from time to time determine. The place for each meeting shall be determined prior to giving notice of such meeting and shall not be changed after such notice is given without adequate subsequent notice. (3) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by the states applicable rules. (4) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by ORS 167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.752, 475.906 and 616.855 and this chapter, or by any rule of the board, all actions of the board shall be by a majority of a quorum. (5) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.195. Employees. (1) The State Board of Pharmacy may, in its discretion, employ persons in positions or capacities as it deems necessary to the proper conduct of board business and to the fulfillment of the boards responsibilities as defined by this chapter. (2) The employees of the board other than the executive director shall receive, as compensation, an annual salary payable monthly, the amount of which shall be determined by law, and reimbursement for expenses incurred in connection with performance of their official duties.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.205. necessary medical supplies to administer the short-acting opioid antagonist. (3) If a prescription is presented to a pharmacist for dispensing an opiate or opioid in excess of a morphine equivalent dose established by rule by the board, the pharmacist may offer to prescribe and provide, in addition to the prescribed opiate or opioid, a short-acting opioid antagonist and the necessary medical supplies to administer the short-acting opioid antagonist. [Formerly
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.207. Authority of board to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Board of Pharmacy may require the fingerprints of a person who is: (1) Applying for a license or certificate that is issued by the board; (2) Applying for renewal of a license or certificate that is issued by the board; or (3) Under investigation by the board. [2005 c.730 68] Note:
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.220. [Repealed by 1969 c.514 57] PRACTICE OF PHARMACY
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.225. License requirement; exceptions; possession of drugs; regulation of pharmacy technicians; rules; penalty. (1) A person may not engage in the practice of pharmacy unless the person is licensed under this chapter or authorized in another state or United States territory and is practicing under ORS 676.347. Nothing in this section prevents physicians, dentists, veterinarians or other practitioners of the healing arts who are licensed under the laws of this state from dispensing and administering prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by law of this state. (2) A person may not take, use or exhibit the title of pharmacist or the title of druggist or apothecary, or any other title or description of like import unless the person is licensed to practice pharmacy under this chapter. (3) A pharmacist may not possess personally or store drugs other than in a licensed 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 pharmacists scope of practice. An employee, agent or owner of any registered manufacturer, wholesaler or pharmacy may lawfully possess legend drugs if the person is acting in the usual course of the business or employment of the person. (4) The State Board of Pharmacy shall adopt rules relating to the use of pharmacy technicians. For retail and institutional drug outlets, the board shall adopt rules that include requirements for training, including provisions for appropriate on-the-job training, guidelines for adequate supervision, standards and appropriate ratios for the use of pharmacy technicians. Improper use of pharmacy technicians is subject to the reporting requirements of ORS 689.455. (5) The mixing of intravenous admixtures by pharmacy technicians working under the supervision, direction and control of a pharmacist is authorized and does not constitute the practice of pharmacy by the pharmacy technicians. (6) Any person who is found to have unlawfully engaged in the practice of pharmacy is guilty of a Class A misdemeanor.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.260. [Amended by 1969 c.514 12; repealed by 1977 c.842 45 and 1979 c.777 59]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.265. Qualifications for licensure by reciprocity. (1) To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall: (a) Have submitted a written application in the form prescribed by the State Board of Pharmacy. (b) Have attained the age of 18 years. (c) Have good moral character and temperate habits. (d) Have possessed at the time of initial licensure as a pharmacist such other qualifications necessary to have been eligible for licensure at that time in this state. (e) Have engaged in the practice of pharmacy for a period of at least one year or have met the internship requirements of this state within the one-year period immediately previous to the date of such application. (f) Have presented to the board proof of initial licensure by examination and proof that such license and any other license or licenses granted to the applicant by any other state or states have not been suspended, revoked, canceled or otherwise restricted 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. (g) Have successfully passed an examination in jurisprudence approved by the board. (h) Have paid the fees specified by the board for issuance of a license. (i) Have submitted to the board proof of a professional degree that meets the requirements of ORS 689.255 (4), if the applicant has received a professional degree from a school or college of pharmacy located outside the United States. (2) No applicant shall be eligible for licensure by reciprocity unless the state in which the applicant was initially licensed as a pharmacist also grants reciprocal licensure to pharmacists duly licensed by examination in this state, under like circumstances and conditions.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.275. Renewal of licenses; rules; fees. (1) Each pharmacist shall apply for renewal of license annually no later than June 30 or no later than such date as may be specified by rule of the State Board of Pharmacy. The board shall renew the license of each pharmacist who is qualified to engage in the practice of pharmacy. (2) The board shall specify by rule the procedures to be followed, in addition to those specified by ORS 689.285, and the fees to be paid for renewal of licenses. (3)(a) All pharmacists in good standing who have been licensed pharmacists for at least 20 years and who are retired from practice of pharmacy are exempt from further payment of license fees until they again engage in the practice of pharmacy. No retired pharmacist shall engage in the practice of pharmacy without first paying all fees for the year in which the pharmacist resumes practice and producing evidence satisfactory to the board of continued professional competence. (b) Failure to comply with the requirements of paragraph (a) of this subsection shall be considered the practice of pharmacy without a license.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.295. Practice of clinical pharmacy. In accordance with rules adopted by the State Board of Pharmacy under ORS 689.205, a pharmacist may engage in the practice of clinical pharmacy. [2015 c.362 2] REGULATION OF DRUG OUTLETS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.305. Registration of drug outlets; rules. (1) All drug outlets shall annually register with the State Board of Pharmacy. (2)(a) Each drug outlet shall apply for a certificate of registration in one or more of the following classifications: (A) Retail drug outlet. (B) Institutional drug outlet. (C) Manufacturer drug outlet. (D) Wholesale distributor drug outlet. (E) Nonprescription drug outlet. (F) Third-party logistics provider drug outlet. (b) An individual who is employed by a corporation that is registered under any classification listed in paragraph (a) of this subsection is not required to register under the provisions of this section. (3) The board shall establish by rule pursuant to ORS 689.155 and 689.205 the criteria that each drug outlet must meet to qualify for registration in each classification designated in subsection (2)(a) of this section. The board may issue various types of certificates of registration with varying restrictions to the designated outlets where the board deems it necessary by reason of the type of drug outlet requesting a certificate. (4) A drug outlet registered under this section may lawfully sell and distribute nonprescription drugs. Drug outlets engaging in the sale and distribution of nonprescription drugs may not be deemed to be improperly engaged in the practice of pharmacy.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.315. Application; rules. (1) The State Board of Pharmacy shall specify by rule the registration procedures to be followed, including but not limited to specification of forms for use in applying for such certificates of registration and times, places and fees for filing such application. (2) Applications for certificates of registration shall include the following information about the proposed drug outlet: (a) Ownership; (b) Location; (c) Identity of pharmacist licensed to practice in the state, who shall be the pharmacist in charge of the drug outlet, where one is required by this chapter, and such further information as the board may deem necessary; and (d) The identity of any person who has incident of ownership in a pharmacy who also has a financial interest in any long term care facility, as defined in ORS 442.015. (3) Manufacturers and wholesalers shall keep all records and files of their transactions for a period of three years from the date of the inception of such records and files. (4)(a) Manufacturers and wholesalers shall acquire a separate registration for each place at which they carry on their business as a manufacturer or wholesaler within this state. (b) Certificates of registration issued by the board pursuant to this chapter shall not be transferable or assignable and shall be conspicuously displayed at each registered place of business. (5) The board shall specify by rule minimum standards for the professional responsibility in the conduct of any drug outlet that has employees or personnel engaged in the practice of pharmacy. The board is specifically authorized to require that the portion of the facility to which such certificate of registration applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this state and not otherwise, and to provide such other special requirements as deemed necessary.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.325. Required reports. (1) All registered drug outlets shall report to the State Board of Pharmacy the occurrence of any of the following changes within the times specified by the board by rule: (a) Permanent closing; (b) Change of ownership, management, location or pharmacist in charge; or (c) Any and all other matters and occurrences as the board may require by rule. (2) Disasters, accidents and emergencies which may affect the strength, purity or labeling of drugs, medications, devices or other materials used in the diagnosis or the treatment of injury, illness and disease shall be immediately reported to the board.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.335. Certificate required; reinstatement. (1) No drug outlet designated in ORS
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.360. [1965 c.580 8; 1969 c.514 17; repealed by 1977 c.842 45 and 1979 c.777 59] DISCIPLINE
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.405. Grounds for discipline; investigation; procedure as contested case. (1) The State Board of Pharmacy may refuse to issue or renew, or may suspend, revoke or restrict the license of any person or the certificate of registration of any drug outlet upon one or more of the following grounds: (a) Unprofessional conduct as that term is defined by the rules of the board. (b) Repeated or gross negligence. (c) Incapacity of a nature that prevents a person from engaging in the activity for which the person is licensed with reasonable skill, competence and safety to the public. (d) Impairment as defined in ORS 676.303. (e) Subject to subsection (4) of this section, being found guilty by the board of a violation of subparagraph (B) of this paragraph, or by a court of competent jurisdiction of one or more of the following: (A) A felony, as defined by the laws of this state; or (B) Violations of the pharmacy or drug laws of this state or rules pertaining thereto, or of statutes, rules or regulations of any other state, or of the federal government. (f) Fraud or intentional misrepresentation by a licensee or registrant in securing or attempting to secure the issuance or renewal of a license. (g) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license, or falsely using the title of pharmacist. (h) Aiding and abetting an individual in performing the duties of a pharmacy technician without licensing. (i) Being found by the board to be in violation of any of the provisions of ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 or this chapter or rules adopted pursuant to ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 and this chapter. (j) Disciplinary action by another state regarding a license, based upon acts by the licensee similar to acts described in this subsection, unless the disciplinary action resulted solely from the licensees provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the licensee provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service. A certified copy of the record of disciplinary action of the state taking the disciplinary action is conclusive evidence thereof. (2) Upon receipt of a complaint under this chapter, the board shall conduct an investigation as described under ORS 676.165. (3) Actions taken under subsection (1) of this section shall be considered a contested case under ORS chapter 183. (4) The board may not suspend or revoke a persons license, or refuse to grant a license to a person, because of a conviction resulting solely from the persons provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.420. [Repealed by 1969 c.514 57]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.430. [Amended by 1969 c.514 29; repealed by 1971 c.734 21]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.440. [Repealed by 1969 c.514 57]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.445. Penalties and reinstatement. (1) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license or renewal of a license under the provisions of ORS 435.010 to 435.030, 475.125 and 475.135 and this chapter, the State Board of Pharmacy may impose one or more of the following penalties: (a) Suspension of the offenders license for a term to be determined by the board; (b) Revocation of the offenders license; (c) Restriction of the offenders license to prohibit the offender from performing certain acts or from engaging in the practice of pharmacy in a particular manner for a term to be determined by the board; (d) A civil penalty not to exceed: (A) $1,000 for each offense committed by an individual; and (B) $10,000 for each offense committed by a drug outlet; (e) Refusal to renew offenders license; or (f) Placement of the offender on probation and supervision by the board for a period to be determined by the board. (2) Any person whose license issued pursuant to this chapter has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. Pardon and restoration of civil rights to any person formerly licensed by the board does not obligate the board to restore revoked, restricted or suspended licenses. (3) Nothing in this chapter shall be construed as barring criminal prosecutions for violations of ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 and this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States. (4) Civil penalties under this section shall be imposed as provided in ORS 183.745. (5) All penalties recovered under ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 and this chapter shall be deposited into the State Board of Pharmacy Account established in ORS 689.139.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.450. [Amended by 1969 c.514 47; repealed by 1977 c.842 45 and 1979 c.777 59]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.455. Duty to report suspected violations and prohibited conduct; liability for reporting; confidentiality of report. (1) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a pharmacist or pharmacy technician shall report: (a) Any suspected violations of this chapter or of ORS 475.005 to 475.285 and 475.752 to 475.980 to the State Board of Pharmacy; and (b) Any prohibited conduct as defined in ORS 676.150 in the manner provided in ORS 676.150. (2) Any pharmacist or pharmacy technician who reports to the board as required by subsection (1) of this section in good faith shall not be subject to an action for civil damages as a result thereof. (3) Any information that the board obtains pursuant to ORS 689.405 or 689.445 or this section is confidential as provided under ORS 676.175.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.485. [1967 c.636 4; 1969 c.514 34; repealed by 1977 c.842 45 and 1979 c.777 59] PHARMACY TECHNICIANS