reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 689.151 - Board control over licensing, standards and discipline.

The State Board of Pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state including, but not limited to, the following:
(1) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter;
(2) The renewal of licenses to engage in the practice of pharmacy;
(3) The determination and issuance of standards based on nationally recognized standards of practice and accreditation criteria for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training, including internship;
(4) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state, and the suspension, revocation or restriction of licenses to engage in the practice of pharmacy;
(5) The training, qualifications and employment of pharmacy interns; and
(6) The licensing of pharmacy technicians. [Formerly 689.245; 2001 c.595 §1; 2005 c.313 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 689.153 - Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate.

The lapse, suspension or revocation of a license or certificate of registration by the operation of law or by order of the State Board of Pharmacy or by the decision of a court of law, or the voluntary surrender of a license by a licensee or of a certificate of registration by the holder of the certificate, does not deprive the board of jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee or certificate holder or revise or render null and void an order of disciplinary action against the licensee or certificate holder. [2007 c.90 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §13; 1985 c.565 §101; 2009 c.756 §75]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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 state’s 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. [1979 c.777 §15; 1999 c.605 §7; 1999 c.1051 §138]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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 board’s 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. [1979 c.777 §16; 1985 c.565 §102; 2009 c.756 §76]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 689.205 - Rules.

The State Board of Pharmacy shall make, adopt, amend and repeal such rules as may be deemed necessary by the board, from time to time, for the proper administration and enforcement of this chapter. Such rules shall be adopted in accordance with the procedures specified in ORS chapter 183. [1979 c.777 §17; 1985 c.565 §103]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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:
689.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 689 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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 pharmacist’s 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. [1979 c.777 §21; 1983 c.402 §3; 1985 c.565 §104; 1989 c.608 §2; 1997 c.729 §2; 2001 c.278 §1; 2009 c.326 §3; 2017 c.409 §33; 2022 c.45 §26; 2022 c.62 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §23; 2001 c.585 §1; 2009 c.756 §78]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §24; 2007 c.768 §51]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §30; 1993 c.571 §8; 2023 c.93 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §31a; 1985 c.565 §107; 1993 c.571 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §32; 1993 c.571 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 689.335 - Certificate required; reinstatement.

(1) No drug outlet designated in ORS 689.305 shall be operated until a certificate of registration has been issued to said facility by the State Board of Pharmacy. Upon the finding of a violation of ORS 689.305 or 689.405, the board may impose one or more of the penalties under ORS 689.445.
(2) Reinstatement of a certificate that has been suspended, revoked or restricted by the board may be granted in accordance with the procedures specified by ORS 689.445 (2). [1979 c.777 §33; 1981 c.277 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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 offender’s license for a term to be determined by the board;
(b) Revocation of the offender’s license;
(c) Restriction of the offender’s 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 offender’s 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. [1979 c.777 §29; 1985 c.131 §5; 1991 c.734 §75; 1995 c.440 §12; 1997 c.729 §4; 2005 c.726 §12; 2007 c.90 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1985 c.131 §3; 1995 c.440 §40; 1997 c.791 §49; 2001 c.595 §4; 2009 c.536 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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 applicant’s 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. [1997 c.729 §6; 2001 c.595 §2; 2005 c.313 §7; 2013 c.514 §9; 2023 c.90 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1997 c.729 §7; 2001 c.595 §3; 2005 c.313 §8; 2012 c.43 §23; 2013 c.514 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1997 c.729 §8; 2001 c.595 §5; 2005 c.313 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [2001 c.595 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [2003 c.103 §2; 2009 c.756 §80]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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:
689.524 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 689 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §36; 1981 c.666 §10; 1987 c.108 §6; 1993 c.571 §15; 1997 c.153 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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 practitioner’s license shall specify the recording requirements for complimentary samples by rule. The licensing board may inspect the records and the inventory of samples. [2009 c.326 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §40; 1985 c.565 §112]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [2015 c.614 §131; 2017 c.21 §121]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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 person’s 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. [2019 c.438 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [2019 c.465 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1979 c.777 §25; 1985 c.565 §114; 1987 c.108 §7; 1993 c.571 §17; 2013 c.514 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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. [1989 c.945 §4; 1993 c.571 §18; 2009 c.420 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 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:
689.649 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 689 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 689.655 - Power to administer drugs and devices; rules.

A pharmacist may administer a drug or device if the pharmacist is acting:
(1) Under the direction of or pursuant to a lawful prescription or order issued by a licensed practitioner acting within the scope of the practitioner’s practice; and
(2) In accordance with the rules adopted by the State Board of Pharmacy regarding the administration of drugs and devices. [1999 c.350 §3e; 2009 c.326 §5]
Note:
Section 3f, chapter 350, Oregon Laws 1999, provides:
Sec. 3f.
Nothing in this 1999 Act shall be construed to allow a pharmacist to prescribe drugs or to dispense or administer any drug or device that requires a prescription without a prescription or order of a practitioner authorized to prescribe drugs. [1999 c.350 §3f]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 689.661 - Power to perform tests and examinations related to federally cleared analytes.

(1) A pharmacy may perform the tests and examinations described in subsection (2) of this section if the pharmacy obtains a waiver from the United States Department of Health and Human Services pursuant to 42 C.F.R. 493.35 and complies with the requirements of 42 C.F.R. 493.35, 493.37 and 493.39.
(2) Tests and examinations authorized under this section include any test or examination related to an analyte that the United States Food and Drug Administration has cleared under 42 C.F.R. 493.15. [2013 c.94 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 689 - Pharmacists; Drug Outlets; Drug Sales › Section 689.681

[2013 c.340 §2; 2016 c.100 §2; 2017 c.683 §1; 2019 c.470 §8; 2023 c.593 §1; renumbered 689.800 in 2023]