reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0021 - Schedule I

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Schedule I consists of the drugs and
			 other substances, by whatever official, common, usual, chemical, or brand name
			 designated, listed in 21 CFR
			 1308.11 (04/01/2023), and unless specifically
			 exempt or unless listed in another schedule, any quantity of the following
			 substances, including their isomers, esters, ethers, salts, and salts of
			 isomers, esters, and ethers, whenever the existence of such isomers, esters,
			 ethers, and salts is possible within the specific chemical designation:
(a) 1,4-butanediol;
(b) Gamma-butyrolactone
(c) Methamphetamine, except as listed in OAR
			 855-080-0022;
(d)
			 Dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide (U-47700)
(e)
			 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]piperidin-2-ylidene]benzenesulfonamide
			 (W-18) and positional isomers thereof, and any substituted derivative of W-18
			 and its positional isomers, and their salts, by any substitution on the
			 piperidine ring (including replacement of all or part of the nitrophenylethyl
			 group), any substitution on or replacement of the sulfonamide, or any
			 combination of the above that are not FDA approved drugs, unless specifically
			 excepted or when in the possession of an FDA registered manufacturer or a
			 registered research facility, or a person for the purpose of sale to an FDA
			 registered manufacturer or a registered research facility.
(f) Substituted derivatives of cathinone and
			 methcathinone that are not listed in OARs
			 855-080-0022 through 0026
			 (Schedules II through V) or are not FDA approved drugs, including but not
			 limited to,
(A) Methylmethcathinone
			 (Mephedrone);
(B)
			 Methylenedioxypyrovalerone (MDPV);
(C) Methylenedioxymethylcathinone
			 (Methylone);
(D)
			 2-Methylamino-3',4'-(methylenedioxy)-butyrophenone (Butylone);
(E) Fluoromethcathinone
			 (Flephedrone);
(F)
			 4-Methoxymethcathinone (Methedrone).
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0022 - Schedule II

Current through Register Vol. 63, No. 7, July 1, 2024
Schedule II consists of the drugs and other substances by
				whatever official, common, usual, chemical, or brand name designated, listed in
				21 CFR
				1308.12 (04/01/2023) and any quantity of
				methamphetamine, when in the form of a FDA approved product containing
				methamphetamine, its salts, isomers, and salts of its isomers as an active
				ingredient for the purposes of currently accepted medical use.
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  475.005, ORS
				  475.035, ORS
				  475.055 & ORS
				  475.065
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0023 - Schedule III

Current through Register Vol. 63, No. 7, July 1, 2024
Schedule III consists of the drugs and other substances by
				whatever official, common, usual, chemical, or brand name designated, listed in
				21 CFR
				1308.13 (04/01/2023).
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  689.205 & ORS
				  475.973
Statutes/Other Implemented: ORS
				  475.035
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0024 - Schedule IV

Current through Register Vol. 63, No. 7, July 1, 2024
Schedule IV consists of the drugs and other substances, by
				whatever official, common, usual, chemical, or brand name designated, listed in
				21 CFR
				1308.14 (04/01/2023), unless specifically
				excepted or listed in another schedule.
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  475.035
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0026 - Schedule V

Current through Register Vol. 63, No. 7, July 1, 2024
Schedule V consists of the drugs and other substances, by
				whatever official, common, usual, chemical, or brand name designated, listed in
				21 CFR
				1308.15 (04/01/2023); and
(1) Products containing pseudoephedrine or
			 the salts of pseudoephedrine as an active ingredient.
(2) Products containing ephedrine or the
			 salts of ephedrine as an active ingredient.
(3) Products containing phenylpropanolamine
			 or the salts of phenylpropanolamine as an active ingredient.
(4) In order to provide non-prescription
			 pseudoephedrine or ephedrine to a purchaser, a pharmacy must:
(a) Store all pseudoephedrine and ephedrine
			 behind the pharmacy counter in an area that is inaccessible to the
			 public;
(b) Utilize an electronic
			 system meeting the requirements under ORS
			 475.230;
(c) Train individuals who are responsible for
			 providing pseudoephedrine or ephedrine to purchasers on the requirements of the
			 Combat Methamphetamine Epidemic Act of 2005 (Title VII of the USA PATRIOT
			 Improvement and Reauthorization Act of 2005,
			 P.L.
			 109-177), the Combat Methamphetamine Enhancement
			 Act of 2010, P.L.
			 111-268, and use of the electronic system as
			 described in ORS 475.230;
(d) Ensure that only a Pharmacist, Intern,
			 Certified Oregon Pharmacy Technician or Pharmacy Technician provides
			 pseudoephedrine or ephedrine to the purchaser after:
(A) Verifying that the purchaser is 18 years
			 of age or older;
(B) Verifying the
			 identity of the purchaser with valid government-issued photo identification;
			 and
(C) Confirming the purchase is
			 allowed via the electronic system; and
(e) Maintain an electronic log for at least
			 three years from the date of the transaction that documents the following
			 elements:
(A) Date and time of the
			 purchase;
(B) Name, address and
			 date of birth of the purchaser;
(C)
			 Form of government-issued photo identification and the identification number
			 used to verify the identity of the purchaser;
(D) Name of the government agency that issued
			 the photo identification in (C);
(E) Name of product purchased;
(F) Quantity in grams of product
			 purchased;
(G) Name or initials of
			 Pharmacist, Intern, Certified Oregon Pharmacy Technician or Pharmacy Technician
			 who provides the drug; and
(H)
			 Signature of the purchaser. The signature of the purchaser may be recorded on a
			 written log that also contains the transaction ID generated by the electronic
			 system.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0028 - Excluded or Exempted Substances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board
			 adopts the excluded substances list found in
			 21 CFR
			 1308.22 (04/01/2023).
(2) The board adopts the exempt chemical
			 preparations list found in 21 CFR 1308.24
			 (04/01/2023).
(3) The board adopts
			 the exempted prescription products list in the Table of Exempted Prescription
			 Products (01/11/2024) pursuant to
			 21 CFR
			 1308.32 (04/01/2023).
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  689.205 & ORS
				  475.035
Statutes/Other Implemented: ORS
				  689.155 & ORS
				  475.035
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0029 - Acceptable Subpoenas for Law Enforcement Agencies to Obtain Pseudoephedrine or Ephedrine Log Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Law
			 Enforcement Agency" includes the following:
(a) County sheriffs, municipal police
			 departments, police departments established by a university under ORS
			 352.121 or
			 353.125 and state
			 police;
(b) Other police officers
			 of this state or another state, including humane special agents as defined in
			 ORS 181A.345;
(c) The Oregon Department of Justice when
			 conducting a criminal investigation;
(d) A tribal government as defined in ORS
			 181A.680 that employs authorized
			 tribal police officers as defined in ORS
			 181A.680; and
(e) Law enforcement agencies of the federal
			 government.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0031 - Registration Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every person
			 who manufactures, delivers, or dispenses any controlled substance within this
			 state or who proposes to engage in the manufacture, delivery or dispensing of
			 any controlled substance within this state must obtain a controlled substance
			 registration annually issued by the State Board of Pharmacy.
(2) The board adopts the exceptions to
			 registration for distribution by dispenser to another practitioner pursuant to
			 21 CFR
			 1307.11 (04/01/2023).
(3) The board adopts the exceptions to
			 registration for the incidental manufacture of controlled substances pursuant
			 to 21 CFR
			 1307.13 (04/01/2023).
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  689.155 & ORS
				  689.205
Statutes/Other Implemented: ORS
				  475.125
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0041 - Exemption to Registration

Current through Register Vol. 63, No. 7, July 1, 2024
The following persons are not required to register to
				manufacture, dispense or deliver controlled substances and may lawfully possess
				controlled substances under ORS
				475.005 to ORS
				475.285 and ORS
				475.752 to ORS
				475.980:
(1) An agent or employee of any registered
			 manufacturer, distributor or dispenser of any controlled substance if the agent
			 or employee is acting in the usual course of business or employment.
(2) A common or contract carrier or
			 warehouseman, or an employee thereof, whose possession of any controlled
			 substance is in the usual course of business or employment.
(3) An ultimate user or a person in
			 possession of any controlled substance pursuant to a lawful order of a
			 practitioner or in lawful possession of a Schedule V substance, unless
			 otherwise prohibited.
(4) A
			 practitioner otherwise licensed under the laws of this state and authorized to
			 dispense or administer a controlled substance by the licensing
			 authority.
(5) A person providing
			 proof of a valid DEA registration certificate pursuant to ORS
			 475.135(3)
			 conducting research with controlled substances in Sections I through V within
			 this state.
Statutory/Other Authority: ORS
				  689.155 & ORS
				  689.205
Statutes/Other Implemented: ORS
				  475.125 & ORS
				  475.135
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0065 - Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All applicants and registrants as
			 applicable to the registration classification must comply with the security
			 requirements of 21 CFR
			 1301.01 (04/01/2023),
			 21 CFR
			 1301.02 (04/01/2023),
			 21 CFR
			 1301.71 (04/01/2023),
			 21 CFR
			 1301.72 (04/01/2023),
			 21 CFR
			 1301.73 (04/01/2023),
			 21 CFR
			 1301.74 (04/01/2023),
			 21 CFR
			 1301.75 (04/01/2023),
			 21 CFR
			 1301.76 (04/01/2023),
			 21 CFR
			 1301.77 (04/01/2023),
			 21 CFR
			 1301.90 (04/01/2023),
			 21 CFR
			 1301.91 (04/01/2023),
			 21 CFR
			 1301.92 (04/01/2023), and
			 21 CFR
			 1301.93 (04/01/2023).
(2) The security requirements of (1) of this
			 rule apply to all controlled substances, as defined in these rules, including
			 ephedrine, pseudoephedrine, and phenylpropanolamine.
(3) Applicants and registrants must guard
			 against theft and diversion of ephedrine, pseudoephedrine, and
			 phenylpropanolamine.
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  475.135 & ORS
				  475.125
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0070 - Records and Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All registrants
			 must, as applicable to the registration classification, keep records and
			 maintain inventories in compliance with
			 21 USC
			 827 (03/23/2024);
			 21 CFR
			 1304.01 (04/01/2023),
			 21 CFR
			 1304.02 (04/01/2023),
			 21 CFR
			 1304.03 (04/01/2023),
			 21 CFR
			 1304.04 (04/01/2023),
			 21 CFR
			 1304.05 (04/01/2023),
			 21 CFR
			 1304.06 (04/01/2023);
			 21 CFR
			 1304.11 (04/01/2023);
			 21 CFR
			 1304.21 (04/01/2023),
			 21 CFR
			 1304.22 (04/01/2023),
			 21 CFR
			 1304.23 (04/01/2023),
			 21 CFR
			 1304.24 (04/01/2023),
			 21 CFR
			 1304.25 (04/01/2023),
			 21 CFR
			 1304.26 (04/01/2023);
			 21 CFR
			 1304.31 (04/01/2023),
			 21 CFR
			 1304.32 (04/01/2023),
			 21 CFR
			 1304.33 (04/01/2023).
(2) A written inventory of all controlled
			 substances must be taken by registrants annually within 367 days of the last
			 written inventory.
(3) All such
			 records must be maintained for a period of three years.
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  475.035 & ORS
				  689.205
Statutes/Other Implemented: ORS
				  475.165
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0075 - Orders for Schedule I and II Controlled Substances

Current through Register Vol. 63, No. 7, July 1, 2024
Controlled substances in Schedules I and II must be distributed
				by a registrant to another registrant only pursuant to an order form or
				electronic order in compliance with
				21 USC
				828 (03/24/2024) and
				21 CFR
				1305.01 (04/01/2023),
				21 CFR
				1305.02 (04/01/2023),
				21 CFR
				1305.03 (04/01/2023),
				21 CFR
				1305.04 (04/01/2023),
				21 CFR
				1305.05 (04/01/2023),
				21 CFR
				1305.06 (04/01/2023),
				21 CFR
				1305.07 (04/01/2023);
				21 CFR
				1305.11 (04/01/2023),
				21 CFR
				1305.12 (04/01/2023),
				21 CFR
				1305.13 (04/01/2023),
				21 CFR
				1305.14 (04/01/2023),
				21 CFR
				1305.15 (04/01/2023),
				21 CFR
				1305.16 (04/01/2023),
				21 CFR
				1305.17 (04/01/2023),
				21 CFR
				1305.18 (04/01/2023),
				21 CFR
				1305.19 (04/01/2023),
				21 CFR
				1305.20 (04/01/2023);
				21 CFR
				1305.21 (04/01/2023),
				21 CFR
				1305.22 (04/01/2023),
				21 CFR
				1305.23 (04/01/2023),
				21 CFR
				1305.24 (04/01/2023),
				21 CFR
				1305.25 (04/01/2023),
				21 CFR
				1305.26 (04/01/2023),
				21 CFR
				1305.27 (04/01/2023),
				21 CFR
				1305.28 (04/01/2023), and
				21 CFR
				1305.29 (04/01/2023).
Publications: Publications referenced are available for
				  review at the agency.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  475.175
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 80 - SCHEDULE OF CONTROLLED SUBSTANCES › Section 855-080-0085 - Prescription Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Registrants,
			 practitioners and Pharmacists as specified therein in the issuance,
			 preparation, labeling, dispensing, recordkeeping and filing of prescriptions
			 for controlled substances must comply with the provisions of
			 21 CFR
			 1306.01 (04/01/2023),
			 21 CFR
			 1306.02 (04/01/2023),
			 21 CFR
			 1306.03 (04/01/2023),
			 21 CFR
			 1306.04 (04/01/2023),
			 21 CFR
			 1306.05 (04/01/2023),
			 21 CFR
			 1306.06 (04/01/2023),
			 21 CFR
			 1306.07 (04/01/2023),
			 21 CFR
			 1306.08 (04/01/2023),
			 21 CFR
			 1306.09 (04/01/2023);
			 21 CFR
			 1306.11 (04/01/2023),
			 21 CFR
			 1306.12 (04/01/2023),
			 21 CFR
			 1306.13 (04/01/2023),
			 21 CFR
			 1306.14 (04/01/2023),
			 21 CFR
			 1306.15 (04/01/2023);
			 21 CFR
			 1306.21 (04/01/2023),
			 21 CFR
			 1306.22 (04/01/2023);
			 21 CFR
			 1306.23 (04/01/2023),
			 21 CFR
			 1306.24 (04/01/2023),
			 21 CFR
			 1306.25 (04/01/2023),
			 21 CFR
			 1306.27 (04/01/2023); and
			 21 CFR
			 1304.03(d)
			 (04/01/2023).
(2) Controlled
			 substances listed in 21 CFR
			 1308.15 (04/01/2023) as schedule V are
			 prescription drugs.
(3)
			 Pseudoephedrine and ephedrine may be:
(a)
			 Provided to a patient without a prescription under ORS
			 475.230.
(b) Dispensed to patient pursuant to a
			 prescription which must follow the provisions of
			 21 CFR
			 1306.21 (04/01/2023),
			 21 CFR
			 1306.22 (04/01/2023);
			 21 CFR
			 1306.23 (04/01/2023),
			 21 CFR
			 1306.24 (04/01/2023),
			 21 CFR
			 1306.25 (04/01/2023), and
			 21 CFR
			 1306.27 (04/01/2023).
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0010 - Board Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Board meetings
			 must be held not less than once every three months as designated by the
			 board.
(2) The President of the
			 board has the power to call special meetings, subject to ORS
			 689.185, when it may be deemed
			 necessary or upon request of a majority of members.
(3) The board must hold an annual meeting
			 each year for the election of officers, the reorganization of the board and the
			 transaction of other business.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.135, ORS
				  689.185
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0015 - Public Health and Pharmacy Formulary Advisory Committee (PHPFAC) Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A PHPFAC
			 meeting must be held not less than once every six months.
(2) The PHPFAC must periodically review the
			 formulary and protocol compendium and recommend the revisions to the board for
			 adoption by rule.
(3) The PHPFAC
			 must recommend to the board, for adoption by rule, a formulary of drugs and
			 devices from which a Pharmacist can prescribe and dispense to a patient
			 pursuant to a diagnosis by a qualified healthcare practitioner or a protocol
			 from which a Pharmacist can prescribe and dispense.
Statutory/Other Authority: ORS
				  689.649
Statutes/Other Implemented: ORS
				  689.645, ORS
				  689.649
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0020 - Board and PHPFAC Member Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
Board members and PHPFAC members must comply with the
				requirements of all Oregon public records and public meeting
				laws.
Statutory/Other Authority: ORS
				  192.001, ORS
				  192.620
Statutes/Other Implemented: ORS
				  192.630
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0030 - Board and PHPFAC Member Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A board member
			 and Public Health and Pharmacy Formulary Advisory Committee (PHPFAC) member of
			 the Oregon Board of Pharmacy who is entitled to compensation under ORS
			 292.495 is eligible to receive
			 an amount equal to the per diem amount paid to members of the Legislative
			 Assembly under ORS 171.072 when engaged in the
			 performance of official duties for each day or portion thereof.
(2) For the purpose of compensation, a board
			 member or PHPFAC member is considered engaged in the performance of official
			 duties when:
(a) The activity furthers the
			 board's mission, such as attending a board meeting;
(b) Engaged in an activity at the request of
			 the board chair or authorized by a vote of the board in advance of the
			 activity; or
(c) Attending an
			 authorized meeting.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0040 - Adoption by Reference - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board
			 adopts standards and other publications by reference, as necessary, through
			 administrative rule. When a matter is included in a referenced publication that
			 is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the
			 statute or rule applies and the standard provision does not. All remaining
			 parts or application of the standard remain in effect.
(2) All outside standards, statutes, rules
			 and publications referred to in any rules adopted by the board are by those
			 references made a part of those rules as though fully set forth. Copies are
			 available for inspection in the office of the Board of Pharmacy.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.205
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0045 - Adoption by Reference - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Board of Pharmacy
				adopts the Attorney General's Uniform and Model Rules of Procedure under the
				Administrative Procedures Act effective 07/2019. These rules must be
				controlling except as otherwise required by statute or rule.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Board of
				  Pharmacy.
Statutory/Other Authority: ORS
				  183.341
Statutes/Other Implemented: ORS
				  183.341, ORS
				  689.205
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0050 - Coaching from Board Members and Staff

Current through Register Vol. 63, No. 7, July 1, 2024
A board member or board staff must not:
(1) Discuss the contents of an examination,
			 its preparation or use with any candidate or other person;
(2) Coach a candidate or any other person on
			 materials that may be used in the examination; or
(3) Accept any fees for any act of assistance
			 that would bear on the examination.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.195
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0055 - Board Compliance Director and Officers

Current through Register Vol. 63, No. 7, July 1, 2024
The board's Compliance Director and Compliance Officers:
(1) Must be Pharmacists licensed in the State
			 of Oregon; and
(2) Are authorized
			 to provide appropriate deadline extensions.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.195
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0060 - License Verification

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of license verification, a person may rely upon
				the licensing information as it is displayed on the board's website that
				includes the issuance and expiration dates of any license issued by the
				board.
Statutory/Other Authority: ORS
				  689.151, ORS
				  689.490
Statutes/Other Implemented: ORS
				  689.151, ORS
				  689.205, ORS
				  689.490
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0100 - State and National Criminal Background Checks for Licensure and Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to provide for the reasonable screening of applicants for
			 licensure and individuals subject to investigation by the board, in order to
			 determine if they have a history of criminal behavior such that they are not
			 fit to be granted or retain a license or registration issued by the
			 board.
(2) "Subject individual"
			 means a person from whom the board may require legible fingerprints for the
			 purpose of a state or nationwide criminal records check and fitness
			 determination. In this rule, subject individual means applicants for licensure
			 or renewal of a license and individuals subject to an investigation by the
			 board.
(3) Criminal records checks
			 and fitness determinations are conducted according to ORS
			 181A.170, ORS
			 181A.190, ORS
			 181A.195, ORS
			 670.280, ORS
			 676.303, OAR
			 125-007-0210, OAR
			 125-007-0220, OAR
			 125-007-0250, OAR 125-0070260,
			 OAR 125-007-0270, OAR
			 125-007-0300, OAR
			 125-007-0310, and OAR
			 125-007-0330.
(a) The board will request that the Oregon
			 Department of State Police conduct a state and nationwide criminal records
			 check, using fingerprint identification of subject individuals. The board may
			 conduct state criminal records checks on subject individuals and any licensee
			 through the Law Enforcement Data System maintained by the Oregon Department of
			 State Police in accordance with rules adopted, and procedures established, by
			 the Oregon Department of State Police. Criminal history information obtained
			 from the Law Enforcement Data System must be handled in accordance with ORS
			 Chapter 181A, OAR 257-010 and OAR 257-015 and applicable Oregon Department of
			 State Police procedures.
(b) The
			 applicant or licensee must disclose all arrests, charges, and convictions
			 regardless of the outcome or date of occurrence. Disclosure includes any
			 military or criminal records.
(c)
			 The board may require additional information from the applicant or licensee,
			 such as, but not limited to, proof of identity, previous names, residential
			 history or additional criminal, judicial or other background
			 information.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0105 - State and National Criminal Background Checks for Employees, Volunteers and Employment Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board
			 requires a criminal records check and fitness determination for board
			 employees, volunteers or applicants for employment with the board.
(2) Criminal records checks and fitness
			 determinations are conducted pursuant to ORS
			 181A.170, ORS
			 181A.190, ORS
			 181A.195, ORS
			 670.280, ORS
			 676.303, OAR
			 125-007-0210, OAR
			 125-007-0220, OAR
			 125-007-0250, OAR 125-0070260,
			 OAR 125-007-0270, OAR
			 125-007-0300, OAR
			 125-007-0310 and OAR
			 125-007-0330.
(a) To complete the criminal records check
			 and fitness determination, the board may require additional information from
			 the employee, volunteer or applicant, such as, but not limited to, proof of
			 identity or additional criminal, judicial or other background
			 information.
(b) If the employee,
			 volunteer or applicant has potentially disqualifying criminal offender
			 information, the board will consider factors listed in ORS
			 181A.195 before making a fitness
			 determination.
(c) An approved
			 fitness determination does not guarantee employment.
(d) An incomplete fitness determination does
			 not entitle the employee, volunteer or applicant the right to appeal under OAR
			 125-007-0300.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0110 - Criminal Background Checks - Costs

Current through Register Vol. 63, No. 7, July 1, 2024
The applicant or licensee must pay the board the cost of
				acquiring and furnishing the criminal offender information. The amount will not
				exceed the cost to the board to obtain such information on behalf of the
				applicant or licensee, including fees charged to the board by the Oregon
				Department of State Police and the Federal Bureau of
				Investigation.
Statutory/Other Authority: ORS
				  676.303, ORS
				  689.205
Statutes/Other Implemented: ORS
				  181A.195, ORS
				  676.303, ORS
				  689.207
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 102 - BOARD ADMINISTRATION RULES › Section 855-102-0125 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the
			 permanent adoption, amendment, or repeal of any rule, the State Board of
			 Pharmacy must give notice of its intended action as required in ORS
			 183.335;
(2) The board will notify and provide a
			 reasonable opportunity for interested persons to be notified of the agency's
			 proposed action in the following ways:
(a) In
			 the bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date;
(b) To
			 persons who have requested notice pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date;
(c) To persons specified in ORS
			 183.335(15) at
			 least 49 days before the effective date; and
(d) To persons or organizations the board's
			 Executive Director determines, pursuant to ORS
			 183.335, are interested persons
			 in the subject matter of the proposed rule, or would be likely to notify
			 interested persons of the proposal:
(A)
			 Oregon State Pharmacy Association; and
(B) Oregon Society of Health System
			 Pharmacists.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0005 - Duty to Cooperate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants,
			 licensees, and registrants must timely comply with all board requests,
			 including responding accurately, fully and truthfully to inquiries and
			 providing requested materials within the time allowed by the board and
			 complying with a subpoena.
(2)
			 Applicants, licensees, and registrants must comply with the terms of board
			 orders and agreements.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  676.612
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0010 - Responsibilities: Duty to Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless state or
			 federal laws relating to confidentiality or the protection of health
			 information prohibit disclosure, each licensee must report to the board without
			 undue delay, but within
(a) 10 days if they:
(A) Are convicted of a misdemeanor or a
			 felony; or
(B) Are arrested for a
			 felony; or
(C) Have reasonable
			 cause to believe that any suspected violation of ORS 475, ORS 689 or OAR 855
			 has occurred.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0015 - Responsibilities: Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No licensee or
			 registrant of the board who obtains any patient information may disclose that
			 information to a third-party without the consent of the patient except as
			 provided in (2)(a)-(e) of this rule.
(2) A licensee or registrant may disclose
			 patient information:
(a) To the
			 board;
(b) To a practitioner,
			 Pharmacist, Intern, Certified Oregon Pharmacy Technician, Pharmacy Technician
			 or registrant, if disclosure is authorized by a Pharmacist and disclosure is
			 necessary to protect the patient's health or well-being; or
(c) To a third-party when disclosure is
			 authorized or required by law; or
(d) As permitted pursuant to federal and
			 state patient confidentiality laws; or
(e) To the patient or to persons as
			 authorized by the patient.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0050 - Patients Access to Pharmacy Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees and
			 registrants of the board must make health information in the pharmacy record
			 available to the patient or the patient's representative upon their request, to
			 inspect and obtain a copy of health information about the individual, except as
			 provided by law and this rule. The patient may request all or part of the
			 record. A summary may substitute for the actual record only if the patient
			 agrees to the substitution. Board licensees and registrants are encouraged to
			 use the written authorization form provided by ORS
			 192.566.
(2) For the purpose of this rule, "health
			 information in the pharmacy record" means any oral, written or electronic
			 information in any form or medium that is created or received and relates to:
(a) The past, present, or future physical or
			 mental health of the patient.
(b)
			 The provision of healthcare to the patient.
(c) The past, present, or future payment for
			 the provision of healthcare to the patient.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0055 - Record and Document Retention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each licensee
			 and registrant must create documents and retain records required by ORS 475,
			 ORS 689, and OAR 855. Documents and records:
(a) May be in written or electronic
			 format;
(b) Must be stored
			 securely;
(c) Must be made
			 available to the board upon request; and
(d) Must be retained for 3 years except that:
(A) Clinical pharmacy records must be
			 retained for 7 years; and
(B)
			 Training records for immunization administration and protocol and formulary
			 compendia prescribing, must be retained for 6 years or uploaded into the
			 licensee's electronic licensing record with the board;
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0100 - Time for Requesting a Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
A request for a contested case hearing must be in writing and
				must be received by the board within 21 days from the date the contested case
				notice was served. When the board has issued a denial of a license, a request
				for a contested case hearing must be in writing and must be received by the
				board within 60 days from the date the licensure denial was
				served.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.151, ORS
				  183.435
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0105 - Filing Exceptions and Argument to the Board

Current through Register Vol. 63, No. 7, July 1, 2024
After a proposed order has been served on a party, the party
				has 30 days to file written exceptions with the board from receipt of the
				proposed order.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.151
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0110 - Petition for Reconsideration or Rehearing as Condition for Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
All parties, including limited parties, must file a petition
				for reconsideration or rehearing with the board as a condition for obtaining
				judicial review of any order of the board.
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.151
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0115 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Compliance
			 Officer is a board authorized representative and must be permitted entry to any
			 drug outlet to conduct inspections at all reasonable hours.
(2) The Compliance Officer is authorized and
			 must be permitted to perform the following to determine compliance with ORS
			 475, ORS 689, and OAR 855 and board orders including but not limited to:
(a) Inspecting conditions, structures,
			 equipment, materials, and methods for compliance;
(b) Inspecting all drugs and
			 devices;
(c) Taking photographs,
			 recording video and audio; and
(d)
			 Reviewing, verifying and making copies of records and documents.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 104 - UNIVERSAL RULES › Section 855-104-0150 - Military Spouse or Domestic Partner Licensure Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Military
			 spouse or domestic partner" means a spouse or domestic partner of an active
			 member of the Armed Forces of the United States who is the subject of a
			 military transfer to Oregon.
(2) To
			 qualify for licensure under this rule, the military spouse or domestic partner
			 must meet the following requirements:
(a) Meet
			 the qualifications for licensure as stated in OAR 855-115, OAR 855-120 or OAR
			 855-125.
(b) Be married to, or in a
			 domestic partnership with, a member of the Armed Forces of the United States
			 who is assigned to a duty station located in Oregon by official active duty
			 military order;
(c) Applicant must
			 complete an application for licensure, provide the board with a valid email
			 address, and complete and pass a national fingerprint-based criminal background
			 check;
(d) Provide evidence of
			 current licensure as a pharmacist, intern or pharmacy technician issued by
			 another state;
(e) Provide to the
			 board, in a manner determined by the board, sufficient proof that the person is
			 in good standing with the issuing out-of-state professional licensing board;
			 and
(f) Demonstrate competency as a
			 pharmacist, intern or pharmacy technician by having at least one year of active
			 practice during the three years immediately preceding the
			 application.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 110 - FEES › Section 855-110-0003 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All fees paid
			 under these rules are non-refundable.
(2) Fees cannot be prorated.
(3) Fees for initial licensure as a
			 Pharmacist, Pharmacy Technician or Certified Oregon Pharmacy Technician will be
			 reduced to one-half of a biennial rate, if the application is received within
			 180 days of expiration.
(4) A late
			 fee must be paid:
(a) When a renewal
			 application is received after the date specified in these rules; or
(b) When the board requests additional
			 information from an applicant and this information is not provided within 30
			 days.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 110 - FEES › Section 855-110-0005 - Licensing Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pharmacist
			 license examination (NAPLEX) fee - $50.
(2) Pharmacist jurisprudence (MPJE)
			 re-examination fee - $25.
(3)
			 Pharmacist licensing by reciprocity fee - $100.
(4) Pharmacist licensing by score transfer
			 fee - $50.
(5) Intern license fee.
			 Expires November 30 every two years - $100.
(6) Pharmacist:
(a) Biennial license fee. Expires June 30
			 each odd numbered year. The biennial license fee is - $250. Late renewal fee
			 (received after June 30) - $50.
(b)
			 Electronic Prescription Monitoring Fund fee. Due by June 30 biennially - $70.
			 (This is a mandatory fee, required by ORS
			 431A.880 that must be paid with
			 the pharmacist license renewal fee).
(c) Workforce Data Collection fee. Due by
			 June 30 biennially - $4. (This is a mandatory fee as required by OAR
			 409-026-0130 that must be paid
			 with the Pharmacist license renewal fee.)
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 110 - FEES › Section 855-110-0007 - Fees for Registration, Renewal, and Reinspection of Drug Outlets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Drug
			 Distribution Agent. Expires September 30 annually - $400. Late renewal fee
			 (received after September 30) - $100.
(2) Drug Room (including Correctional
			 Facility). Expires March 31 annually - $100. Late renewal fee (received after
			 March 31) - $75.
(3) Manufacturer
			 (including Manufacturer Class I, Manufacturer Class II and Manufacturer Class
			 III). Expires September 30 annually - $525. Late renewal fee (received after
			 September 30) - $100.
(4)
			 Nonprescription Drug Outlet. Expires January 31 annually - $75. Late renewal
			 fee (received after January 31) - $25.
(a)
			 This includes the following categories of registration:
(A) Nonprescription Class A.
(B) Nonprescription Class B.
(C) Medical Device, Equipment & Gas Class
			 C.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 110 - FEES › Section 855-110-0010 - Fees for Registration for Controlled Substances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Animal Euthanasia controlled substance
			 registration fee - $75 annually.
(2) Drug Distribution Agent controlled
			 substance registration fee - $100 annually.
(3) Drug Room (including Correctional
			 Facility) controlled substance registration fee - $100 annually.
(4) Manufacturer controlled substance
			 registration fee - $100 annually.
(5) Retail or Institutional Drug Outlet
			 controlled substance registration fee - $100 annually.
(6) Schedule II Precursor registration fee -
			 $75 annually.
(7) Wholesaler
			 controlled substance registration fee - $100 annually.
(8) Remote Distribution Facility controlled
			 substance registration fee - $100 annually.
Statutory/Other Authority: ORS
				  689.205, ORS
				  291.055 & ORS
				  475.095
Statutes/Other Implemented: ORS
				  689.135
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 110 - FEES › Section 855-110-0015 - Administrative Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board of
			 Pharmacy may charge a fee reasonably calculated to reimburse the agency for
			 costs of providing and conveying copies of public records, and other
			 administrative services.
(2) All
			 fees and charges must be paid before public records will be available for
			 inspection or copies provided.
(3)
			 Costs include but are not limited to:
(a) The
			 services and supplies used in making the records available;
(b) The time spent locating the requested
			 records, reviewing the records, and redacting or separating material exempt
			 from disclosure;
(c) Supervising a
			 person's inspection of original documents;
(d) Copying records;
(e) Certified copies of records and
			 licenses;
(f) Summarizing,
			 compiling or organizing the public records to meet the person's
			 request;
(g) Searching for and
			 reviewing records even if the records subsequently are determined to be exempt
			 from disclosure;
(h) Postal and
			 freight charges for shipping the copies of the public records sent first class
			 or bulk rate based on weight;
(i)
			 Indirect costs or third party charges associated with copying and preparing the
			 public records;
(j) Costs
			 associated with electronic retrieval of records;
(k) Actual costs charged by the Attorney
			 General's office for attorney's time spent in reviewing and redacting material
			 from the records, and in separating material into exempt and nonexempt records.
			 A fee may not be charged for the cost of time spent by an attorney in
			 determining the application of the provisions of ORS
			 192.410 to
			 192.505;
(L) Staff time for performing the
			 work;
(m) The cost of publications
			 will be based on the actual costs of development, printing and distribution as
			 determined by the Board;
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 115 - PHARMACISTS › Section 855-115-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This Division
			 applies to any Pharmacist who engages in the practice of pharmacy.
(2) Only persons licensed with the board as a
			 Pharmacist may practice pharmacy and must act in compliance with statutes and
			 rules unless exempt under ORS
			 689.225.
(3) A pharmacist who is located in another
			 state and who engages in the practice of pharmacy for a patient, drug outlet or
			 healthcare facility in Oregon, must be licensed by the board in accordance with
			 the following rules, except that a pharmacist working for an out-of-state
			 pharmacy, who only performs the professional tasks of interpretation,
			 evaluation, DUR, counseling and verification associated with their dispensing
			 of a drug to a patient in Oregon, is not required to be licensed by the board
			 unless they are the pharmacist-in-charge (PIC).
Statutory/Other Authority: ORS
				  689.205
Statutes/Other Implemented: ORS
				  689.151 & ORS
				  689.255
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 115 - PHARMACISTS › Section 855-115-0010 - Licensure: Qualifications - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 licensure as a Pharmacist, an applicant must meet the qualifications required
			 that are applicable to their method of licensure:
(a) Examination or Score Transfer in OAR
			 855-115-0020; or
(b) Reciprocity in OAR
			 855-115-0025.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 115 - PHARMACISTS › Section 855-115-0015 - Licensure: Qualifications - Foreign Pharmacy Graduate Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for pharmacist licensure who graduated from a foreign school, college, or
			 program of pharmacy must meet the following educational requirements:
(a) Obtain certification from the Foreign
			 Pharmacy Graduate Examination Committee (FPGEC); and
(b) Submit evidence of 1440 hours in pharmacy
			 practice as an intern or pharmacist in the United States or its
			 jurisdiction.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 115 - PHARMACISTS › Section 855-115-0020 - Licensure: Qualifications - Examination or Score Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To receive licensure as a Pharmacist by
			 examination or score transfer, an applicant must meet the following
			 requirements:
(a) Provide evidence in the form
			 of an official transcript from an Accreditation Council for Pharmacy Education
			 (ACPE) accredited college or school of pharmacy or compliance with OAR
			 855-115-0015 that:
(A) A degree has been conferred;
			 and
(B) The applicant has completed
			 a minimum of 1440 hours in an Internship Program as that term is defined in OAR
			 855-120-0005.
Oregon Administrative Rules › Chapter 855 - BOARD OF PHARMACY › Division 115 - PHARMACISTS › Section 855-115-0025 - Licensure: Qualifications - Reciprocity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for licensure as a Pharmacist by reciprocity must meet the requirements of ORS
			 689.265 and provide evidence of
			 the following requirements:
(a) Be a
			 graduate, as shown by an official transcript, of an ACPE accredited college or
			 school of pharmacy or compliance with OAR
			 855-115-0015;
(b) Have passed the NAPLEX;
(c) Have passed the Oregon MPJE. A passing
			 result is valid for 12 months. A candidate who does not pass may retake the
			 exam after a minimum of 30 days with a limit of three attempts in a 12-month
			 period, not to exceed a lifetime maximum of 5 failed attempts;
(d) Proof that each pharmacist license
			 granted to the applicant is not suspended, revoked, canceled or otherwise
			 completely restricted from the practice of pharmacy 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; and
(e) Have either:
(A) Been engaged in the practice of pharmacy
			 for period of at least 12 months including a minimum of 1440 hours of work
			 experience as a licensed Pharmacist. Evidence supporting this work experience
			 must be provided at time of application; or
(B) Completed 1440 hours in an Internship
			 Program as that term is defined in OAR
			 855-031-0005 within the 12-month
			 period immediately before the date of application. Evidence must be provided at
			 time of application.