689 - oregonlegislature.gov · (17) “internship” means a professional experiential program...

Chapter 6892011 EDITION

Pharmacists; Drug Outlets; Drug Sales

GENERAL PROVISIONS689.005 Definitions689.025 Policy; purpose689.035 Short title689.045 Severability

STATE BOARD OF PHARMACY689.115 Membership; qualifications; term; va-

cancy; compensation689.135 General powers of board; fees689.139 State Board of Pharmacy Account; dispo-

sition of receipts689.145 Enforcement powers of board689.151 Board control over licensing, standards

and discipline689.153 Continuing authority of board upon lapse,

suspension, revocation or voluntary sur-render of license or certificate

689.155 Authority of board over medications,drugs, devices and other materials; rules

689.165 Officers; executive director689.175 Compensation of board members and

executive director689.185 Meetings689.195 Employees689.205 Rules689.207 Authority of board to require fingerprints

PRACTICE OF PHARMACY689.225 License requirement; exceptions; pos-

session of drugs; regulation of pharmacytechnicians; rules; penalty

689.255 Qualifications for licensure by examina-tion

689.265 Qualifications for licensure by reciprocity689.275 Renewal of licenses; rules; fees689.285 Continuing pharmacy education; rules;

fees

REGULATION OF DRUG OUTLETS689.305 Registration of drug outlets; rules689.315 Application; rules689.325 Required reports689.335 Certificate required; reinstatement

DISCIPLINE689.405 Grounds for discipline; investigation; pro-

cedure as contested case689.445 Penalties and reinstatement

689.455 Duty to report suspected violations andprohibited conduct; liability for reporting;confidentiality of report

PHARMACY TECHNICIANS689.486 When license required; qualifications for

licensure; renewal; supervision required689.490 Board to establish licensing system; rules;

fees689.495 Provision of licensing information689.497 Report required upon termination of

pharmacy technician689.499 Pharmacy technician specialized educa-

tion program; rules

REQUIREMENTS RELATING TO SALES689.505 Labeling requirements; rules689.508 Prescription records689.515 Regulation of generic drugs; substitutions;

rules689.525 Out-of-state prescriptions689.527 Prohibited practices; rules689.532 Complimentary samples689.555 Agricultural drugs, nonprescription drugs

and certain other substances

MISCELLANEOUS689.605 Power to dispense drugs from hospital

pharmacies, drug rooms and penal insti-tutions; rules

689.615 Display of certificate or license689.635 Dispensing according to naturopathic

formulary; effect of filling prescription ofnaturopath

689.645 Power to administer and prescribe vac-cines; rules

689.655 Power to administer drugs and devices;rules

CHARITABLE PRESCRIPTION DRUGPROGRAM

689.770 Definitions for ORS 689.770 to 689.780689.772 Establishment of program; immunity from

liability689.774 Rules689.776 Inspection; audit689.778 Eligibility689.780 Immunity

PENALTIES689.832 Civil penalties689.854 Civil penalty for violation of ORS 689.515689.995 Criminal penalties

Title 52 (2011 Edition)

OCCUPATIONS AND PROFESSIONS


PHARMACISTS; DRUG OUTLETS; DRUG SALES 689.005

GENERAL PROVISIONS689.005 Definitions. As used in this

chapter:(1) “Administer” means the direct appli-

cation of a drug or device whether by in-jection, inhalation, ingestion, or any othermeans, to the body of a patient or researchsubject by:

(a) A practitioner or the practitioner’sauthorized agent; or

(b) The patient or research subject at thedirection of the practitioner.

(2) “Approved continuing pharmacy edu-cation program” means those seminars,classes, meetings, workshops and other edu-cational programs on the subject of phar-macy approved by the board.

(3) “Board of pharmacy” or “board”means the State Board of Pharmacy.

(4) “Continuing pharmacy education”means:

(a) Professional, pharmaceutical post-graduate education in the general areas ofsocio-economic and legal aspects of healthcare;

(b) The properties and actions of drugsand dosage forms; and

(c) The etiology, characteristics andtherapeutics of the disease state.

(5) “Continuing pharmacy educationunit” means the unit of measurement ofcredits for approved continuing educationcourses and programs.

(6) “Deliver” or “delivery” means the ac-tual, constructive or attempted transfer of adrug or device other than by administrationfrom one person to another, whether or notfor a consideration.

(7) “Device” means an instrument, appa-ratus, implement, machine, contrivance, im-plant, in vitro reagent or other similar orrelated article, including any component partor accessory, which is required under federalor state law to be prescribed by a practi-tioner and dispensed by a pharmacist.

(8) “Dispense” or “dispensing” means thepreparation and delivery of a prescriptiondrug pursuant to a lawful order of a practi-tioner in a suitable container appropriatelylabeled for subsequent administration to oruse by a patient or other individual entitledto receive the prescription drug.

(9) “Distribute” means the delivery of adrug other than by administering or dispens-ing.

(10) “Drug” means:(a) Articles recognized as drugs in the

official United States Pharmacopoeia, officialNational Formulary, official Homeopathic

Pharmacopoeia, other drug compendium orany supplement to any of them;

(b) Articles intended for use in the diag-nosis, cure, mitigation, treatment or pre-vention of disease in a human or otheranimal;

(c) Articles, other than food, intended toaffect the structure or any function of thebody of humans or other animals; and

(d) Articles intended for use as a compo-nent of any articles specified in paragraph(a), (b) or (c) of this subsection.

(11) “Drug order” means a written order,in a hospital or other inpatient care facility,for an ultimate user of any drug or deviceissued and signed by a practitioner, or anorder transmitted by other means of commu-nication from a practitioner, that is imme-diately reduced to writing by a pharmacist,licensed nurse or other practitioner.

(12) “Drug outlet” means any pharmacy,nursing home, shelter home, convalescenthome, extended care facility, drug abusetreatment center, penal institution, hospital,family planning clinic, student health center,retail store, wholesaler, manufacturer, mail-order vendor or other establishment with fa-cilities located within or out of this statethat is engaged in dispensing, delivery ordistribution of drugs within this state.

(13) “Drug room” means a secure andlockable location within an inpatient carefacility that does not have a licensed phar-macy.

(14) “Electronically transmitted” or“electronic transmission” means a commu-nication sent or received through technolog-ical apparatuses, including computerterminals or other equipment or mechanismslinked by telephone or microwave relays, orany similar apparatus having electrical, dig-ital, magnetic, wireless, optical, electromag-netic or similar capabilities.

(15) “Institutional drug outlet” meanshospitals and inpatient care facilities wheremedications are dispensed to another healthcare professional for administration to pa-tients served by the hospitals or facilities.

(16) “Intern” means a person who is en-rolled in or has completed a course of studyat a school or college of pharmacy approvedby the board and who is licensed with theboard as an intern.

(17) “Internship” means a professionalexperiential program approved by the boardunder the supervision of a licensed pharma-cist registered with the board as a preceptor.

(18) “Itinerant vendor” means a personwho sells or distributes nonprescriptiondrugs by passing from house to house, or byharanguing the people on the public streets


689.005 OCCUPATIONS AND PROFESSIONS

or in public places, or who uses the custom-ary devices for attracting crowds, recom-mending their wares and offering them forsale.

(19) “Labeling” means the process of pre-paring and affixing of a label to any drugcontainer exclusive, however, of the labelingby a manufacturer, packer or distributor ofa nonprescription drug or commerciallypackaged legend drug or device.

(20) “Manufacture” means the produc-tion, preparation, propagation, compounding,conversion or processing of a device or adrug, either directly or indirectly by ex-traction from substances of natural origin orindependently by means of chemical synthe-sis or by a combination of extraction andchemical synthesis and includes any packag-ing or repackaging of the substances or la-beling or relabeling of its container, exceptthat this term does not include the prepara-tion or compounding of a drug by an indi-vidual for their own use or the preparation,compounding, packaging or labeling of adrug:

(a) By a practitioner as an incident toadministering or dispensing of a drug in thecourse of professional practice; or

(b) By a practitioner or by thepractitioner’s authorization under super-vision of the practitioner for the purpose ofor as an incident to research, teaching orchemical analysis and not for sale.

(21) “Manufacturer” means a person en-gaged in the manufacture of drugs.

(22) “Nonprescription drug outlet” meansshopkeepers and itinerant vendors registeredunder ORS 689.305.

(23) “Nonprescription drugs” meansdrugs which may be sold without a pre-scription and which are prepackaged for useby the consumer and labeled in accordancewith the requirements of the statutes andregulations of this state and the federal gov-ernment.

(24) “Person” means an individual, cor-poration, partnership, association or anyother legal entity.

(25) “Pharmacist” means an individual li-censed by this state to engage in the practiceof pharmacy.

(26) “Pharmacy” means a place thatmeets the requirements of rules of the board,is licensed and approved by the board wherethe practice of pharmacy may lawfully occurand includes apothecaries, drug stores,dispensaries, hospital outpatient pharmacies,pharmacy departments and prescription labo-ratories but does not include a place used bya manufacturer or wholesaler.

(27) “Pharmacy technician” means a per-son licensed by the State Board of Pharmacywho assists the pharmacist in the practiceof pharmacy pursuant to rules of the board.

(28) “Practice of pharmacy” means:(a) The interpretation and evaluation of

prescription orders;(b) The compounding, dispensing and la-

beling of drugs and devices, except labelingby a manufacturer, packer or distributor ofnonprescription drugs and commerciallypackaged legend drugs and devices;

(c) The prescribing and administering ofvaccines and immunizations pursuant to ORS689.645;

(d) The administering of drugs and de-vices to the extent permitted under ORS689.655;

(e) The participation in drug selectionand drug utilization reviews;

(f) The proper and safe storage of drugsand devices and the maintenance of properrecords therefor;

(g) The responsibility for advising, wherenecessary or where regulated, of therapeuticvalues, content, hazards and use of drugs anddevices;

(h) The monitoring of therapeutic re-sponse or adverse effect to drug therapy; and

(i) The offering or performing of thoseacts, services, operations or transactionsnecessary in the conduct, operation, manage-ment and control of pharmacy.

(29) “Practitioner” means a person li-censed and operating within the scope ofsuch license to prescribe, dispense, conductresearch with respect to or administer drugsin the course of professional practice or re-search:

(a) In this state; or(b) In another state or territory of the

United States if the person does not residein Oregon and is registered under the federalControlled Substances Act.

(30) “Preceptor” means a pharmacist ora person licensed by the board to supervisethe internship training of a licensed intern.

(31) “Prescription drug” or “legenddrug” means a drug which is:

(a) Required by federal law, prior to be-ing dispensed or delivered, to be labeled witheither of the following statements:

(A) “Caution: Federal law prohibits dis-pensing without prescription”; or

(B) “Caution: Federal law restricts thisdrug to use by or on the order of a licensedveterinarian”; or

(b) Required by any applicable federal orstate law or regulation to be dispensed on



prescription only or is restricted to use bypractitioners only.

(32) “Prescription” or “prescription drugorder” means a written, oral or electron-ically transmitted direction, given by a prac-titioner authorized to prescribe drugs, for thepreparation and use of a drug. When thecontext requires, “prescription” also meansthe drug prepared under such written, oralor electronically transmitted direction.

(33) “Retail drug outlet” means a placeused for the conduct of the retail sale, ad-ministering or dispensing or compounding ofdrugs or chemicals or for the administeringor dispensing of prescriptions and licensedby the board as a place wherein the practiceof pharmacy may lawfully occur.

(34) “Shopkeeper” means a business orother establishment, open to the generalpublic, for the sale or nonprofit distributionof drugs.

(35) “Unit dose” means a sealed single-unit container so designed that the contentsare administered to the patient as a singledose, direct from the container. Each unitdose container must bear a separate label, belabeled with the name and strength of themedication, the name of the manufacturer ordistributor, an identifying lot number and, ifapplicable, the expiration date of the medi-cation.

(36) “Wholesale drug outlet” means anyperson who imports, stores, distributes orsells for resale any drugs including legenddrugs and nonprescription drugs. [1979 c.777§5; 1983 c.402 §1; 1985 c.565 §94; 1987 c.108 §1; 1989 c.608§1; 1991 c.682 §1; 1993 c.272 §1; 1993 c.571 §1; 1997 c.729§1; 1999 c.350 §2; 2001 c.623 §6; 2005 c.313 §11; 2009 c.326§1; 2009 c.756 §71; 2011 c.245 §2]

689.010 [Amended by 1963 c.586 §1; 1967 c.629 §1;1969 c.514 §1; 1973 c.743 §1; 1975 c.369 §1; 1975 c.686 §8;1979 c.785 §7; repealed by 1977 c.842 §2 and 1979 c.777§59]

689.015 [1979 c.777 §4; 1999 c.350 §3; repealed by 2009c.326 §2]

689.025 Policy; purpose. (1) The practiceof pharmacy in the State of Oregon is de-clared a health care professional practice af-fecting the public health, safety and welfareand is subject to regulation and control inthe public interest. It is further declared tobe a matter of public interest and concernthat the practice of pharmacy, as defined inthis chapter, merit and receive the confi-dence of the public and that only qualifiedpersons be permitted to engage in the prac-tice of pharmacy in the State of Oregon. Thischapter shall be liberally construed to carryout these objects and purposes.

(2) It is the purpose of this chapter topromote, preserve and protect the publichealth, safety and welfare by and through

the effective control and regulation of thepractice of pharmacy and of the registrationof drug outlets engaged in the manufacture,production, sale and distribution of drugs,medications, devices and such other materi-als as may be used in the diagnosis andtreatment of injury, illness and disease. [1979c.777 §§2,3; 1985 c.565 §95; 2007 c.438 §1]

689.035 Short title. This chapter shallbe known as the “Oregon Pharmacy Act.”[1979 c.777 §1; 1985 c.565 §96]

689.045 Severability. If any provision ofORS 167.203, 414.325, 430.405, 435.010,453.025, 475.005, 475.135, 475.185, 475.752,475.906 and 616.855 and ORS chapter 689 isdeclared unconstitutional or illegal, or theapplicability of 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 ORS chapter689 to any person or circumstances is heldinvalid by a court of competent jurisdiction,the constitutionality or legality of the re-maining provisions of 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 ORSchapter 689 and the application of ORS167.203, 414.325, 430.405, 435.010, 453.025,475.005, 475.135, 475.185, 475.752, 475.906 and616.855 and ORS chapter 689 to other per-sons and circumstances shall not be affectedand shall remain in full force and effectwithout the invalid provision or application.[1979 c.777 §63; 1999 c.605 §6; 1999 c.1051 §137]

Note: 689.045 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 689 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

689.110 [Amended by 1963 c.586 §2; 1965 c.580 §4;1967 c.159 §1; 1969 c.514 §2; repealed by 1977 c.842 §45and 1979 c.777 §59]

STATE BOARD OF PHARMACY689.115 Membership; qualifications;

term; vacancy; compensation. (1) TheState Board of Pharmacy consists of sevenmembers appointed by the Governor andsubject to confirmation by the Senate in themanner provided in ORS 171.562 and 171.565.All members of the board must be residentsof this state. Of the members of the board:

(a) Five must be licensed pharmacists.(b) Two must be members of the public

who are not licensed pharmacists or aspouse, domestic partner, child, parent orsibling of a pharmacist.

(2)(a) Board members required to be li-censed pharmacists may be selected by theGovernor from a list of three to five nomi-nees for each vacancy, submitted by a taskforce assembled by the Oregon State Phar-macy Association to represent all of the in-terested pharmacy groups.



(b) The public members of the StateBoard of Pharmacy must be individuals who:

(A) Have attained the age of majority;(B) Are not former members of the pro-

fession of pharmacy;(C) Do not have and have never had any

material financial interest in the providingof pharmacy service; and

(D) Have not engaged in any activity di-rectly related to the practice of pharmacy.

(c) The licensed pharmacist members ofthe board must at the time of their appoint-ment:

(A) Be licensed and in good standing toengage in the practice of pharmacy in thisstate;

(B) Be engaged in the practice of phar-macy in this state; and

(C) Have five years of experience in thepractice of pharmacy in this state afterlicensure.

(d) In selecting the members of the board,the Governor shall strive to balance the rep-resentation on the board according to:

(A) Geographic areas of this state; and(B) Ethnic group.(3)(a) The term of office of each member

is four years, but a member serves at thepleasure of the Governor. The terms must bestaggered so that no more than three termsend each year. A member is eligible for re-appointment. The Governor shall fill vacan-cies which occur by expiration of full termswithin 90 days prior to each date of expira-tion, and shall fill vacancies which occur forany other reason within 60 days after eachsuch vacancy occurs, for the unexpired term.

(b) A board member shall be removedimmediately from the board if, during themember’s term, the member:

(A) Is not a resident of this state;(B) Has been absent from three consec-

utive board meetings, unless at least one ab-sence is excused; or

(C) Is not a licensed pharmacist or a re-tired pharmacist who was a licensed phar-macist in good standing at the time ofretirement, if the board member was ap-pointed to serve on the board as a pharma-cist.

(4) Members of the board are entitled tocompensation and expenses as provided inORS 292.495. The board may provide by rulefor compensation to board members for theperformance of official duties at a rate thatis greater than the rate provided in ORS292.495. [1979 c.777 §§7,8,9,11; 1987 c.108 §2; 2009 c.535§29]

689.120 [Amended by 1967 c.159 §2; repealed by 1969c.514 §57]

689.125 [1979 c.777 §§10,12; 1985 c.565 §97; repealedby 2009 c.535 §30 and 2009 c.756 §73]

689.130 [Repealed by 1969 c.514 §57]

689.135 General powers of board; fees.(1) The State Board of Pharmacy shall havesuch other duties, powers and authority asmay be necessary to the enforcement of thischapter and to the enforcement of boardrules made pursuant thereto, which shall in-clude, but are not limited to, the following:

(a) Cause to have printed and circulatedannually copies of any changes in the lawsrelating to pharmacy, controlled substances,drugs and poisons and the rules adopted toenforce such laws, and set reasonablecharges therefor.

(b) Appoint advisory committees.(2) The board may join such professional

organizations and associations organized ex-clusively to promote the improvement of thestandards of the practice of pharmacy for theprotection of the health and welfare of thepublic and whose activities assist and facili-tate the work of the board.

(3) In addition to any statutory require-ments, the board may require such suretybonds as it deems necessary to guarantee theperformance and discharge of the duties ofany officer or employee receiving and dis-bursing funds.

(4) The executive director of the boardshall keep the seal of the board and shall af-fix it only in such manner as may be pre-scribed by the board.

(5) The board shall determine within 30days prior to the beginning of each state fis-cal year the fees to be collected for:

(a) Examinations and reexaminations,which fee shall not exceed $400.

(b) Pharmacist licenses, which fee shallnot exceed $250.

(c) Pharmacist licensing by reciprocity,which fee shall not exceed $300.

(d) Intern license, which fee shall notexceed $50.

(e) Duplicate pharmacist certificate,which fee shall not exceed $50.

(f) Pharmacist license, delinquent re-newal fee, which fee shall not exceed $50.

(g) Certification of approved providers ofcontinuing education courses, which fee shallnot exceed $300.

(h) Registration of drug outlets otherthan pharmacies and renewal of registration,which fee shall not exceed $500.

(i) Initial pharmacy or institutional drugoutlet, which fee shall not exceed $300.



(j) Annual pharmacy or institutional drugoutlet, which fee shall not exceed $300.

(k) Pharmacy or institutional drug outletdelinquent renewal fee, which fee shall notexceed $200.

(L) Nonprescription drug outlets, whichfee shall not exceed $50.

(m) Nonprescription drug outlet delin-quent renewal fee, which fee shall not exceed$50.

(n) Reinspection fee, which fee shall notexceed $100.

(o) Drug outlets, other than pharmaciesor institutional drug outlets, delinquent re-newal fee, which fee shall not exceed $100.

(6) All moneys received under ORS435.010 to 435.130 and 453.185 and this chap-ter shall be paid into the State Treasury andplaced to the credit of the State Board ofPharmacy Account to be used only for theadministration and enforcement of ORS435.010 to 435.130 and this chapter.

(7) The board may receive and expendfunds, in addition to its biennial appropri-ation, from parties other than the state, pro-vided:

(a) Such moneys are awarded for thepursuit of a specific objective which theboard is authorized to accomplish by thischapter, or which the board is qualified toaccomplish by reason of its jurisdiction orprofessional expertise;

(b) Such moneys are expended for thepursuit of the objective for which they areawarded;

(c) Activities connected with or occa-sioned by the expenditures of such funds donot interfere with or impair the performanceof the board’s duties and responsibilities anddo not conflict with the exercise of theboard’s powers as specified by this chapter;

(d) Such moneys are kept in a separate,special state account; and

(e) Periodic reports are made to the Gov-ernor concerning the board’s receipt and ex-penditure of such moneys.

(8) The board may assign to each drugoutlet under its jurisdiction, a uniform statenumber, coordinated where possible with allother states which adopt the same uniformnumbering system.

(9) The board or its authorized represen-tatives shall also have power to investigateand gather evidence concerning alleged vio-lations of the provisions of this chapter orof the rules of the board.

(10) The president and vice president ofthe board may administer oaths in con-nection with the duties of the board.

(11) The books, registers and records ofthe board as made and kept by the executivedirector or under the supervision of theexecutive director, subject to the directionof the board, shall be prima facie evidenceof the matter recorded therein, in any courtof law.

(12) The board may administer oaths, is-sue notices and subpoenas in the name of theboard, enforce subpoenas in the manner au-thorized by ORS 183.440, hold hearings andperform such other acts as are reasonablynecessary to carry out its duties under thischapter.

(13)(a) Notwithstanding anything in thischapter to the contrary, whenever a dulyauthorized representative of the board findsor has probable cause to believe that anydrug or device is adulterated, misbranded ora new drug, as defined in Section 201(p) ofthe Federal Food, Drug and Cosmetic Act,for which there is no approval in effect pur-suant to Section 505(b) of the federal Act noran approved notice of claimed investigationalexemption pursuant to Section 505(i) of thefederal Act, or otherwise rendered unsafe foruse as a result of fire, flood or other naturaldisaster, the representative shall affix tosuch drug or device a tag or other appropri-ate marking giving notice that such articleis or is suspected of being adulterated, mis-branded, or otherwise rendered unsafe andhas been detained or embargoed and warningall persons not to remove or dispose of sucharticle by sale or otherwise until provisionfor removal or disposal is given by the board,its agent or the court. No person shall re-move or dispose of such embargoed drug ordevice by sale or otherwise without the per-mission of the board or its agent or, aftersummary proceedings have been instituted,without permission from the court.

(b) When a drug or device detained orembargoed under paragraph (a) of this sub-section has been declared by such represen-tative to be adulterated, misbranded or a newdrug, or rendered unsafe, the board shall, assoon as practical thereafter, petition thejudge of the circuit court in whose jurisdic-tion the article is detained or embargoed foran order for condemnation of such article. Ifthe judge determines that the drug or deviceso detained or embargoed is not adulteratedor misbranded or rendered unsafe, the boardshall direct the immediate removal of the tagor other marking.

(c) If the court finds the detained or em-bargoed drug or device is adulterated ormisbranded or rendered unsafe, such drug ordevice, after entry of the judgment, shall bedestroyed at the expense of the owner underthe supervision of a board representative andall court costs and fees, storage and other



proper expense shall be borne by the ownerof such drug or device. When theadulteration or misbranding can be correctedby proper labeling or processing of the drugor device, the court, after entry of the judg-ment and after such costs, fees and expenseshave been paid and a good and sufficientbond has been posted, may direct that suchdrug or device be delivered to the ownerthereof for such labeling or processing underthe supervision of a board representative.Expense of such supervision shall be paid bythe owner. Such bond shall be returned tothe owner of the drug or device on represen-tation to the court by the board that thedrug or device is no longer in violation ofthe embargo and the expense of supervisionhas been paid.

(d) It is the duty of the Attorney Generalto whom the board reports any violation ofthis subsection to cause appropriate pro-ceedings to be instituted in the proper courtwithout delay and to be prosecuted in themanner required by law. Nothing in thissubsection shall be construed to require theboard to report violations whenever theboard believes the public’s interest will beadequately served in the circumstances by asuitable written notice or warning.

(14) Except as otherwise provided to thecontrary, the board shall exercise all of itsduties, powers and authority in accordancewith ORS chapter 183. [1979 c.777 §20; 1981 c.277§2; 1983 c.402 §2; 1985 c.565 §98; 1987 c.108 §3; 1991 c.460§9; 1993 c.571 §3; 2001 c.457 §1; 2003 c.576 §543; 2005 c.726§11; 2011 c.597 §142]

689.139 State Board of Pharmacy Ac-count; disposition of receipts. The StateBoard of Pharmacy Account is established inthe State Treasury, separate and distinctfrom the General Fund. All moneys receivedby the State Board of Pharmacy shall be de-posited into the account and are contin-uously appropriated to the board to carry outthe duties, functions and powers of theboard. Any interest or other income frommoneys in the account shall be credited tothe account. [2005 c.726 §10]

689.140 [Amended by 1963 c.586 §3; repealed by 1969c.514 §57]

689.145 Enforcement powers of board.The responsibility for enforcement of theprovisions of this chapter is vested in theState Board of Pharmacy. The board shallhave all of the duties, powers and authorityspecifically granted by and necessary andproper to the enforcement of this chapter, aswell as such other duties, powers and au-thority as it may be granted from time totime by law. [1979 c.777 §6; 1985 c.565 §99]

689.150 [Amended by 1969 c.514 §46; repealed by1977 c.842 §45 and 1979 c.777 §59]

689.151 Board control over licensing,standards and discipline. The State Boardof Pharmacy shall be responsible for thecontrol and regulation of the practice ofpharmacy in this state including, but notlimited to, the following:

(1) The licensing by examination or byreciprocity of applicants who are qualified toengage in the practice of pharmacy under theprovisions of this chapter;

(2) The renewal of licenses to engage inthe practice of pharmacy;

(3) The determination and issuance ofstandards based on nationally recognizedstandards of practice and accreditation crite-ria for recognition and approval of schoolsand colleges of pharmacy whose graduatesshall be eligible for licensure in this state,and the specification and enforcement of re-quirements for practical training, includinginternship;

(4) The enforcement of those provisionsof this chapter relating to the conduct orcompetence of pharmacists practicing in thisstate, and the suspension, revocation or re-striction of licenses to engage in the practiceof pharmacy;

(5) The training, qualifications and em-ployment of pharmacy interns; and

(6) The licensing of pharmacy techni-cians. [Formerly 689.245; 2001 c.595 §1; 2005 c.313 §10]

689.153 Continuing authority of boardupon lapse, suspension, revocation orvoluntary surrender of license or certif-icate. The lapse, suspension or revocation ofa license or certificate of registration by theoperation of law or by order of the StateBoard of Pharmacy or by the decision of acourt of law, or the voluntary surrender ofa license by a licensee or of a certificate ofregistration by the holder of the certificate,does not deprive the board of jurisdiction toproceed with any investigation or any actionor disciplinary proceeding against the li-censee or certificate holder or revise or ren-der null and void an order of disciplinaryaction against the licensee or certificateholder. [2007 c.90 §4]

689.155 Authority of board over medi-cations, drugs, devices and other materi-als; rules. The State Board of Pharmacyshall also have the following responsibilitiesin regard to medications, drugs, devices andother materials used in this state in the di-agnosis, mitigation and treatment or pre-vention of injury, illness and disease:

(1) The regulation of the sale at retail,the administering by pharmacists to the ex-tent provided in ORS 689.645 and 689.655 andthe dispensing of medications, drugs, devicesand other materials including the right to



seize any such drugs, devices and other ma-terials found to be detrimental to the publichealth and welfare by the board after appro-priate hearing as required under ORS chap-ter 183.

(2) The specifications of minimum profes-sional and technical equipment, environment,supplies and procedures for the compounding,administering and dispensing of such medi-cations, drugs, devices and other materialswithin the practice of pharmacy and anydrug outlet.

(3) The control of the purity and qualityof such medications, drugs, devices and othermaterials within the practice of pharmacyand any drug outlet.

(4) The issuance and renewal of certif-icates of registration of drug outlets for pur-poses of ascertaining those persons engagedin the manufacture and distribution of drugs,receiving and collecting annual fees there-from and suspending, revoking or refusing torenew such registration in the manner pro-vided in this chapter.

(5) In conjunction with the regularlyconstituted law enforcement agencies of thisstate, enforce all laws of the state whichpertain to the practice of pharmacy, themanufacture, production, sale or distributionof drugs, chemicals and poisons, and to theirstandard of strength and purity.

(6) Investigate all complaints of allegedviolations of this chapter and take necessaryaction as the board may require or direct.

(7) Pursuant to ORS chapter 183, makesuch rules as are necessary and feasible forcarrying out ORS 453.175, 453.185, 475.005,475.135 and 475.185 and this chapter andmake rules relating to controlled substances,designated as such pursuant to ORS 475.025and 475.035.

(8) At all reasonable hours, in perform-ance of the duties imposed by this section,enter, or cause its authorized representativesto enter upon, and examine the premises orrecords required by law of any drug outletunder the jurisdiction of the board.

(9) Assist the regularly constituted lawenforcement agencies of this state in enforc-ing ORS 453.005 to 453.135, 475.005 and475.135 and this chapter by prosecution inthe courts of this state or otherwise.

(10) Cause to have made a regular in-spection of all pharmacies.

(11) Pursuant to ORS chapter 183, makesuch rules as are necessary for pharmacies,drug manufacturers and wholesalers to sellor otherwise lawfully distribute designatedpharmaceutical agents to licensed optom-etrists consistent with the provisions of ORS

683.010 to 683.340. [1979 c.777 §19; 1985 c.565 §100;1999 c.350 §4; 2001 c.632 §5]

689.160 [Amended by 1969 c.514 §4; 1979 c.785 §8;repealed by 1977 c.842 §45 and 1979 c.777 §59]

689.165 Officers; executive director. (1)The State Board of Pharmacy shall electfrom its members a president and vice presi-dent and such other officers as it deems ap-propriate and necessary to the conduct of itsbusiness. The President of the State Boardof Pharmacy shall preside at all meetings ofthe board and shall be responsible for theperformance of all of the duties and func-tions of the board required or permitted bythis chapter. If the president is absent orunable to preside, the vice president shallpreside. Each additional officer elected bythe board shall perform those dutiesnormally associated with their position andsuch other duties assigned from time to timeby the board.

(2) Officers elected by the board shallserve terms of one year commencing with theday of their election, and ending uponelection of their successors and shall serveno more than one consecutive full term ineach office to which they are elected.

(3) The executive director of the boardshall be responsible for the performance ofthe regular administrative functions of theboard and such other duties as the boardmay direct. The executive director shall notperform any discretionary or decision-makingfunctions for which the board is solely re-sponsible. [1979 c.777 §13; 1985 c.565 §101; 2009 c.756§75]

689.170 [Amended by 1963 c.586 §4; 1969 c.514 §5;1973 c.743 §2; 1979 c.514 §1; 1979 c.744 §61; 1979 c.785 §9;repealed by 1977 c.842 §45 and 1979 c.777 §59]

689.175 Compensation of board mem-bers and executive director. (1) Eachmember of the State Board of Pharmacy shallreceive compensation for each day on whichthe member is engaged in performance of theofficial duties of the board, and reimburse-ment for all expenses incurred in connectionwith the discharge of such official duties asprovided in ORS 292.495.

(2) The Executive Director of the StateBoard of Pharmacy shall receive, as compen-sation, an annual salary payable monthly,the amount of which shall be determined bythe board, and reimbursement for all ex-penses incurred in connection with perform-ance of official duties, subject to applicablelaw and to the rules of the Oregon Depart-ment of Administrative Services. [1979 c.777§14]

689.180 [Amended by 1969 c.514 §3; repealed by 1977c.842 §45 and 1979 c.777 §59]

689.185 Meetings. (1) The State Boardof Pharmacy shall meet at least once everythree months to transact its business. One



such meeting held during each fiscal year ofthe state shall be designated by rule as theannual meeting and shall be for the purposeof electing officers and for the reorganizationof the board. The board shall meet at suchadditional times as it may determine. Suchadditional meetings may be called by thepresident of the board or by majority ofmembers of the board.

(2) The board shall meet at such place asit may from time to time determine. Theplace for each meeting shall be determinedprior to giving notice of such meeting andshall not be changed after such notice isgiven without adequate subsequent notice.

(3) Notice of all meetings of the boardshall be given in the manner and pursuantto requirements prescribed by the state’s ap-plicable rules.

(4) A majority of the members of theboard shall constitute a quorum for the con-duct of a board meeting and, except where agreater 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 616.855and this chapter, or by any rule of the board,all actions of the board shall be by a major-ity of a quorum.

(5) All board meetings and hearings shallbe open to the public. The board may, in itsdiscretion and according to law, conduct anyportion of its meeting in executive sessionclosed to the public. [1979 c.777 §15; 1999 c.605 §7;1999 c.1051 §138]

689.195 Employees. (1) The State Boardof Pharmacy may, in its discretion, employpersons in positions or capacities as it deemsnecessary to the proper conduct of boardbusiness and to the fulfillment of the board’sresponsibilities as defined by this chapter.

(2) The employees of the board otherthan the executive director shall receive, ascompensation, an annual salary payablemonthly, the amount of which shall be de-termined by law, and reimbursement for ex-penses incurred in connection withperformance of their official duties. [1979 c.777§16; 1985 c.565 §102; 2009 c.756 §76]

689.205 Rules. The State Board of Phar-macy shall make, adopt, amend and repealsuch rules as may be deemed necessary bythe board, from time to time, for the properadministration and enforcement of this chap-ter. Such rules shall be adopted in accor-dance with the procedures specified in ORSchapter 183. [1979 c.777 §17; 1985 c.565 §103]

689.207 Authority of board to requirefingerprints. For the purpose of requestinga state or nationwide criminal records checkunder ORS 181.534, the State Board of Phar-macy may require the fingerprints of a per-son who is:

(1) Applying for a license or certificatethat is issued by the board;

(2) Applying for renewal of a license orcertificate 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 Legisla-tive Assembly but was not added to or made a part ofORS chapter 689 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

689.210 [Amended by 1961 c.216 §1; 1965 c.580 §5;1967 c.287 §1; 1969 c.514 §6; 1973 c.743 §3a; 1973 c.827 §75;repealed by 1977 c.842 §45 and 1979 c.777 §59]

689.215 [1965 c.580 §3; repealed by 1967 c.287 §3]689.220 [Repealed by 1969 c.514 §57]

PRACTICE OF PHARMACY689.225 License requirement; excep-

tions; possession of drugs; regulation ofpharmacy technicians; rules; penalty. (1)A person may not engage in the practice ofpharmacy unless the person is licensed underthis chapter. Nothing in this section preventsphysicians, dentists, veterinarians,osteopaths or other practitioners of the heal-ing arts who are licensed under the laws ofthis state from dispensing and administeringprescription drugs to their patients in thepractice of their respective professions wherespecifically authorized to do so by law of thisstate.

(2) A person may not take, use or exhibitthe title of pharmacist or the title of druggistor apothecary, or any other title or de-scription of like import unless the person islicensed to practice pharmacy under thischapter.

(3) A pharmacist may not possess per-sonally or store drugs other than in a li-censed pharmacy except for those drugslegally prescribed for the personal use of thepharmacist or when the pharmacist possessesor stores the drugs in the usual course ofbusiness and within the pharmacist’s scopeof practice. An employee, agent or owner ofany registered manufacturer, wholesaler orpharmacy may lawfully possess legend drugsif the person is acting in the usual course ofthe business or employment of the person.

(4) The State Board of Pharmacy shalladopt rules relating to the use of pharmacytechnicians working under the supervision,direction and control of a pharmacist. Forretail and institutional drug outlets, theboard shall adopt rules which include re-quirements for training, including provisionsfor appropriate on-the-job training, guidelinesfor adequate supervision, standards and ap-propriate ratios for the use of pharmacytechnicians. Improper use of pharmacy tech-nicians is subject to the reporting require-ments of ORS 689.455.



(5) The mixing of intravenous admixturesby pharmacy technicians working under thesupervision, direction and control of a phar-macist is authorized and does not constitutethe practice of pharmacy by the pharmacytechnicians.

(6) Any person who is found to have un-lawfully engaged in the practice of pharmacyis guilty of a Class A misdemeanor. [1979 c.777§21; 1983 c.402 §3; 1985 c.565 §104; 1989 c.608 §2; 1997c.729 §2; 2001 c.278 §1; 2009 c.326 §3]


689.235 [1969 c.514 §8; repealed by 1977 c.842 §45 and1979 c.777 §59]

689.240 [Amended by 1963 c.96 §3; 1967 c.183 §2; 1969c.514 §9; repealed by 1977 c.842 §45 and 1979 c.777 §59]

689.245 [1979 c.777 §18; 1985 c.565 §105; renumbered689.151 in 1997]

689.250 [Amended by 1955 c.132 §1; 1963 c.96 §4; 1965c.580 §6; 1967 c.183 §3; 1969 c.514 §10; 1973 c.612 §24; 1975c.686 §9; repealed by 1979 c.777 §59]

689.255 Qualifications for licensure byexamination. (1) To obtain a license to en-gage in the practice of pharmacy, an appli-cant for licensure by examination shall:

(a) Have submitted a written applicationin the form prescribed by the State Board ofPharmacy.

(b) Have attained the age of 18 years.(c) Be of good moral character and

temperate habits.(d) Have completed requirements for the

first professional undergraduate degree ascertified by a school or college of pharmacywhich has been approved by the board.

(e) Have completed an internship orother program which has been approved bythe board, or demonstrated to the board’ssatisfaction experience in the practice ofpharmacy which meets or exceeds the mini-mum internship requirements of the board.

(f) Have successfully passed an examina-tion approved by the board.

(g) Have paid the fees specified by theboard for examination and issuance of li-cense.

(2)(a) The board shall approve the con-tent and subject matter of each examinationand determine which persons have success-fully passed the examination.

(b) The examination shall be prepared tomeasure the competence of the applicant toengage in the practice of pharmacy. Theboard may employ and cooperate with anyorganization or consultant in the preparationand grading of an appropriate examination,but shall retain the sole discretion and re-sponsibility of determining which applicantshave successfully passed such an examina-tion.

(3)(a) All applicants for licensure by ex-amination shall obtain professional and prac-tical experience in the practice of pharmacyconcurrent with or after college attendance,or both, under such terms and conditions asthe board shall determine.

(b) The board shall establish standardsfor internship or any other program neces-sary to qualify an applicant for the licensureexamination based on nationally recognizedstandards of practice and shall also deter-mine the necessary qualifications of anypreceptors used in any internship or otherprogram.

(4) Any person who has received a pro-fessional degree from a school or college ofpharmacy located outside the United Stateswhich has not been approved by the board,but who is otherwise qualified to apply for alicense to practice pharmacy in the State ofOregon may be deemed to have satisfied thedegree requirements of subsection (1)(d) ofthis section by verification to the board ofthe academic record and graduation of theperson and by meeting such other require-ments as the board may establish. The boardmay require such person to successfully passan examination or examinations given or ap-proved by the board to establish proficiencyin English and equivalency of education ofsuch person with qualified graduates of adegree program referred to in subsection(1)(d) of this section as a prerequisite of tak-ing the licensure examination provided for insubsection (1)(f) of this section. [1979 c.777 §22;1987 c.108 §4; 1999 c.59 §205; 2009 c.756 §77]


689.265 Qualifications for licensure byreciprocity. (1) To obtain a license as apharmacist by reciprocity, an applicant forlicensure shall:

(a) Have submitted a written applicationin the form prescribed by the State Board ofPharmacy.

(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 quali-fications necessary to have been eligible forlicensure at that time in this state.

(e) Have engaged in the practice of phar-macy for a period of at least one year orhave met the internship requirements of thisstate within the one-year period immediatelyprevious to the date of such application.

(f) Have presented to the board proof ofinitial licensure by examination and proofthat such license and any other license orlicenses granted to the applicant by anyother state or states have not been sus-



pended, revoked, canceled or otherwise re-stricted for any reason except nonrenewal orthe failure to obtain required continuing ed-ucation credits in any state where the appli-cant is licensed but not engaged in thepractice of pharmacy.

(g) Have successfully passed an examina-tion in jurisprudence approved by the board.

(h) Have paid the fees specified by theboard for issuance of a license.

(i) Have submitted to the board proof ofa professional degree that meets the require-ments of ORS 689.255 (4), if the applicant hasreceived a professional degree from a schoolor college of pharmacy located outside theUnited States.

(2) No applicant shall be eligible forlicensure by reciprocity unless the state inwhich the applicant was initially licensed asa pharmacist also grants reciprocal licensureto pharmacists duly licensed by examinationin this state, under like circumstances andconditions. [1979 c.777 §23; 2001 c.585 §1; 2009 c.756§78]


689.275 Renewal of licenses; rules;fees. (1) Each pharmacist shall apply for re-newal of license annually no later than June30 or no later than such date as may bespecified by rule of the State Board of Phar-macy. The board shall renew the license ofeach pharmacist who is qualified to engagein the practice of pharmacy.

(2) The board shall specify by rule theprocedures to be followed, in addition tothose specified by ORS 689.285, and the feesto be paid for renewal of licenses.

(3)(a) All pharmacists in good standingwho have been licensed pharmacists for atleast 20 years and who are retired frompractice of pharmacy are exempt from fur-ther payment of license fees until they againengage in the practice of pharmacy. No re-tired pharmacist shall engage in the practiceof pharmacy without first paying all fees forthe year in which the pharmacist resumespractice and producing evidence satisfactoryto the board of continued professional com-petence.

(b) Failure to comply with the require-ments of paragraph (a) of this subsectionshall be considered the practice of pharmacywithout a license. [1979 c.777 §24; 2007 c.768 §51]

689.280 [1965 c.580 §2; 1967 c.183 §4; 1969 c.514 §13;1973 c.743 §4; repealed by 1977 c.842 §45 and 1979 c.777§59]

689.285 Continuing pharmacy educa-tion; rules; fees. (1) The Legislative Assem-bly finds and declares that:

(a) The continuous introduction of newmedical agents and the changing concepts of

the delivery of health care services in thepractice of pharmacy make it essential thata pharmacist undertake a continuing educa-tion program in order to maintain profes-sional competency and improve professionalskills;

(b) The state has a basic obligation toregulate and control the profession of phar-macy in order to protect the public healthand welfare of its citizens; and

(c) It is the purpose of this chapter toprotect the health and welfare of Oregoncitizens and to ensure uniform qualificationsand continued competency of licensed phar-macists by requiring participation in a con-tinuing pharmacy education program as acondition for renewal of licenses to practicepharmacy.

(2) All pharmacists licensed in the Stateof Oregon on and after October 3, 1979, shallsatisfactorily complete courses of study andsatisfactorily continue their education byother means as determined by the StateBoard of Pharmacy in subjects relating tothe practice of the profession of pharmacy inorder to be eligible for renewal of licenses.

(3) In accordance with applicable pro-visions of ORS chapter 183, the board shallmake reasonable rules:

(a) Prescribing the procedure and criteriafor approval of continuing pharmacy educa-tion programs, including the number of hoursof courses of study necessary to constitute acontinuing pharmacy education unit and thenumber of continuing pharmacy educationunits required annually for renewal of apharmacist license.

(b) Prescribing the scope of the examina-tions given by the board including gradingprocedures.

(c) Prescribing the content of the form tobe submitted to the board certifying com-pletion of an approved continuing pharmacyeducation program.

(d) Necessary to carry out the provisionsof this chapter.

(e) Prescribing the completion of:(A) A pain management education pro-

gram approved by the board and developed inconjunction with the Pain ManagementCommission established under ORS 413.570;or

(B) An equivalent pain management edu-cation program, as determined by the board.

(4) In adopting rules pursuant to subsec-tion (3) of this section, the board shall con-sider:

(a) The need for formal regularly sched-uled pharmacy education programs.



(b) Alternate methods of study includinghome-study courses, seminars or other suchprograms for those persons who, upon writ-ten application to the board and for goodcause shown, demonstrate their inability toattend regularly scheduled formal classroomprograms.

(c) The necessity for examinations orother evaluation methods used to ensure sat-isfactory completion of the continuing phar-macy education program.

(5) The board may contract for the pro-viding of educational programs to fulfill therequirements of this chapter. The board isfurther authorized to treat funds set aside forthe purpose of continuing education as statefunds for the purpose of accepting any fundsmade available under federal law on amatching basis for the promulgation andmaintenance of programs of continuing edu-cation. In no instance shall the board requirea greater number of hours of study than itprovides or approves in the State of Oregonand which are available on the same basis toall licensed pharmacists.

(6) The board may levy an additional feeof up to $10 for each license renewal to carryout the provisions of this chapter. [1979 c.777§26; 1983 c.402 §5; 1985 c.565 §106; 1993 c.571 §6; 1993c.742 §55; 2001 c.281 §1; 2005 c.162 §3]


REGULATION OF DRUG OUTLETS689.305 Registration of drug outlets;

rules. (1) All drug outlets shall annuallyregister with the State Board of Pharmacy.

(2)(a) Each drug outlet shall apply for acertificate of registration in one or more ofthe following classifications:

(A) Retail drug outlet.(B) Institutional drug outlet.(C) Manufacturing drug outlet.(D) Wholesale drug outlet.(E) Nonprescription drug outlet.(b) No individual who is employed by a

corporation which is registered under anyclassification listed in paragraph (a) of thissubsection need register under the provisionsof this section.

(3) The board shall establish by rule un-der the powers granted to it under ORS689.155 and 689.205 the criteria which eachdrug outlet must meet to qualify for regis-tration in each classification designated insubsection (2)(a) of this section. The boardmay issue various types of certificates ofregistration with varying restrictions to thedesignated outlets where the board deems it

necessary by reason of the type of drug out-let requesting a certificate.

(4) It shall be lawful for a drug outletregistered under this section to sell and dis-tribute nonprescription drugs. Drug outletsengaging in the sale and distribution of suchitems shall not be deemed to be improperlyengaged in the practice of pharmacy. [1979c.777 §30; 1993 c.571 §8]

689.310 [Amended by 1953 c.126 §2; 1963 c.96 §5; 1967c.183 §5; 1969 c.514 §15; 1979 c.336 §2; repealed by 1977c.842 §45 and 1979 c.777 §59]

689.315 Application; rules. (1) The StateBoard of Pharmacy shall specify by rule theregistration procedures to be followed, in-cluding but not limited to specification offorms for use in applying for such certif-icates of registration and times, places andfees for filing such application.

(2) Applications for certificates of regis-tration shall include the following informa-tion about the proposed drug outlet:

(a) Ownership;(b) Location;(c) Identity of pharmacist licensed to

practice in the state, who shall be the phar-macist in charge of the drug outlet, whereone is required by this chapter, and suchfurther information as the board may deemnecessary; and

(d) The identity of any person who hasincident of ownership in a pharmacy whoalso has a financial interest in any long termcare facility, as defined in ORS 442.015.

(3) Manufacturers and wholesalers shallkeep all records and files of their transac-tions for a period of three years from thedate of the inception of such records andfiles.

(4)(a) Manufacturers and wholesalersshall acquire a separate registration for eachplace at which they carry on their businessas a manufacturer or wholesaler within thisstate.

(b) Certificates of registration issued bythe board pursuant to this chapter shall notbe transferable or assignable and shall beconspicuously displayed at each registeredplace of business.

(5) The board shall specify by rule mini-mum standards for the professional responsi-bility in the conduct of any drug outlet thathas employees or personnel engaged in thepractice of pharmacy. The board is specif-ically authorized to require that the portionof the facility to which such certificate ofregistration applies be operated only underthe direct supervision of no less than onepharmacist licensed to practice in this stateand not otherwise, and to provide such otherspecial requirements as deemed necessary.[1979 c.777 §31a; 1985 c.565 §107; 1993 c.571 §9]




689.325 Required reports. (1) All regis-tered drug outlets shall report to the StateBoard of Pharmacy the occurrence of any ofthe following changes within the times spec-ified 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 occur-

rences as the board may require by rule.(2) Disasters, accidents and emergencies

which may affect the strength, purity or la-beling of drugs, medications, devices or othermaterials used in the diagnosis or the treat-ment of injury, illness and disease shall beimmediately reported to the board. [1979 c.777§32; 1993 c.571 §10]

689.330 [Amended by 1955 c.94 §1; 1957 c.598 §1; 1963c.96 §6; 1969 c.514 §18; repealed by 1977 c.842 §45 and1979 c.777 §59]

689.335 Certificate required; rein-statement. (1) No drug outlet designated inORS 689.305 shall be operated until a certif-icate of registration has been issued to saidfacility by the State Board of Pharmacy.Upon the finding of a violation of ORS689.305 or 689.405, the board may impose oneor more of the penalties under ORS 689.445.

(2) Reinstatement of a certificate thathas been suspended, revoked or restricted bythe board may be granted in accordance withthe procedures specified by ORS 689.445 (2).[1979 c.777 §33; 1981 c.277 §3]


689.342 [1989 c.667 §1; 2005 c.313 §1; 2007 c.70 §313;repealed by 2009 c.697 §14]

689.344 [1989 c.667 §2; 2005 c.313 §2; 2007 c.70 §314;repealed by 2009 c.697 §14]

689.346 [1989 c.667 §3; 2007 c.70 §315; repealed by2009 c.697 §14]

689.348 [1989 c.667 §4; 2005 c.313 §3; repealed by 2009c.697 §14]

689.350 [Amended by 1965 c.356 §1; 1967 c.183 §6;1969 c.514 §20; repealed by 1977 c.842 §2 and 1979 c.777§59]

689.352 [1989 c.667 §5; 2005 c.313 §4; repealed by 2009c.697 §14]

689.354 [1989 c.667 §6; 2005 c.313 §5; repealed by 2009c.697 §14]

689.356 [1989 c.667 §7; 1991 c.703 §32; 2005 c.313 §6;repealed by 2009 c.697 §14]

689.360 [1965 c.580 §8; 1969 c.514 §17; repealed by1977 c.842 §45 and 1979 c.777 §59]

DISCIPLINE689.405 Grounds for discipline; inves-

tigation; procedure as contested case. (1)The State Board of Pharmacy may refuse toissue or renew, or may suspend, revoke orrestrict the license of any person or the cer-tificate of registration of any drug outletupon one or more of the following grounds:

(a) Unprofessional conduct as that termis defined by the rules of the board.

(b) Repeated or gross negligence.(c) Incapacity of a nature that prevents

a person from engaging in the activity forwhich the person is licensed with reasonableskill, competence and safety to the public.

(d) Impairment as defined in ORS 676.303.(e) Being found guilty by the board of a

violation of subparagraph (B) of this para-graph, or by a court of competent jurisdic-tion of one or more of the following:

(A) A felony, as defined by the laws ofthis state; or

(B) Violations of the pharmacy or druglaws of this state or rules pertaining thereto,or of statutes, rules or regulations of anyother state, or of the federal government.

(f) Fraud or intentional misrepresentationby a licensee or registrant in securing or at-tempting to secure the issuance or renewalof a license.

(g) Engaging or aiding and abetting anindividual to engage in the practice of phar-macy without a license, or falsely using thetitle of pharmacist.

(h) Aiding and abetting an individual inperforming the duties of a pharmacy techni-cian without licensing.

(i) Being found by the board to be in vi-olation of any of the provisions of ORS435.010 to 435.130, 453.025, 453.045, 475.035 to475.190, 475.744, 475.752 to 475.980 or thischapter or rules adopted pursuant to ORS435.010 to 435.130, 453.025, 453.045, 475.035 to475.190, 475.744, 475.752 to 475.980 and thischapter.

(j) Disciplinary action by another stateregarding a license, based upon acts by thelicensee similar to acts described in thissubsection. A certified copy of the record ofdisciplinary action of the state taking thedisciplinary action is conclusive evidencethereof.

(2) Upon receipt of a complaint underthis chapter, the board shall conduct an in-vestigation as described under ORS 676.165.

(3) Actions taken under subsection (1) ofthis section shall be considered a contestedcase under ORS chapter 183. [1979 c.777 §§27,28;1981 c.277 §4; 1985 c.131 §4; 1987 c.736 §1; 1995 c.440 §11;



1997 c.729 §3; 1997 c.791 §48; 2005 c.313 §12; 2009 c.756§79]

689.410 [Amended by 1963 c.586 §7; 1965 c.580 §7;1969 c.514 §25; 1977 c.745 §44; repealed by 1979 c.777 §59]

689.413 [1969 c.514 §26; repealed by 1977 c.842 §45and 1979 c.777 §59]


689.420 [Repealed by 1969 c.514 §57]689.423 [1971 c.734 §143; repealed by 1977 c.842 §45

and 1979 c.777 §59]689.425 [1969 c.514 §30; repealed by 1971 c.734 §21]689.430 [Amended by 1969 c.514 §29; repealed by

1971 c.734 §21]689.435 [1971 c.734 §144; repealed by 1977 c.842 §45

and 1979 c.777 §59]689.440 [Repealed by 1969 c.514 §57]

689.445 Penalties and reinstatement.(1) Upon the finding of the existence ofgrounds for discipline of any person holdinga license, seeking a license or renewal of alicense under the provisions of ORS 435.010to 435.030, 475.125 and 475.135 and thischapter, the State Board of Pharmacy mayimpose one or more of the following penal-ties:

(a) Suspension of the offender’s licensefor 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 certainacts or from engaging in the practice ofpharmacy in a particular manner for a termto 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 pro-

bation and supervision by the board for aperiod to be determined by the board.

(2) Any person whose license issued pur-suant to this chapter has been suspended,revoked or restricted pursuant to this chap-ter, whether voluntarily or by action of theboard, shall have the right, at reasonable in-tervals, to petition the board for rein-statement of such license. Such petition shallbe made in writing and in the form pre-scribed by the board. Upon investigation andhearing, the board may in its discretiongrant or deny such petition, or it may modifyits original finding to reflect any circum-stances which have changed sufficiently towarrant such modifications. Pardon and res-toration of civil rights to any person for-merly licensed by the board does not obligatethe board to restore revoked, restricted orsuspended licenses.

(3) Nothing in this chapter shall be con-strued as barring criminal prosecutions forviolations of ORS 435.010 to 435.130, 453.025,453.045, 475.035 to 475.190, 475.744, 475.752 to475.980 and this chapter where such vio-lations are deemed as criminal offenses inother statutes of this state or of the UnitedStates.

(4) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.

(5) All penalties recovered under ORS435.010 to 435.130, 453.025, 453.045, 475.035 to475.190, 475.744, 475.752 to 475.980 and thischapter shall be deposited into the StateBoard of Pharmacy Account established inORS 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]


689.455 Duty to report suspected vio-lations and prohibited conduct; liabilityfor reporting; confidentiality of report. (1)Unless state or federal laws relating to con-fidentiality or the protection of health infor-mation prohibit disclosure, a pharmacist orpharmacy technician shall report:

(a) Any suspected violations of thischapter or of ORS 475.005 to 475.285 and475.752 to 475.980 to the State Board ofPharmacy; and

(b) Any prohibited conduct as defined inORS 676.150 in the manner provided in ORS676.150.

(2) Any pharmacist or pharmacy techni-cian who reports to the board as required bysubsection (1) of this section in good faithshall not be subject to an action for civildamages as a result thereof.

(3) Any information that the board ob-tains pursuant to ORS 689.405 or 689.445 orthis section is confidential as provided underORS 676.175. [1985 c.131 §3; 1995 c.440 §40; 1997 c.791§49; 2001 c.595 §4; 2009 c.536 §18]





PHARMACY TECHNICIANS689.486 When license required; quali-

fications for licensure; renewal; super-vision required. (1) It shall be unlawful forany person to perform the duties of a phar-macy technician or use the title of pharmacytechnician unless licensed to do so under theprovisions of this chapter.



(2) To be licensed to perform the dutiesof a pharmacy technician, a person shall:

(a) Submit a license application in themanner prescribed by the State Board ofPharmacy; and

(b) Pay the license fee established by theboard.

(3) The license application prescribed bythe board shall include, but not be limited to:

(a) The name and address of the appli-cant;

(b) The educational qualifications of theapplicant;

(c) The work history of the applicant; and(d) The applicant’s criminal offender re-

cord of any conviction or of any arrest lessthan one year old on which there has beenno acquittal or dismissal.

(4) A license under this section expiresannually. To renew a license to perform theduties of a pharmacy technician, a personshall:

(a) Submit the application for renewal ofa license in the form prescribed by the board;

(b) Pay the license renewal fee estab-lished by the board;

(c) Pay the fee for delinquent license re-newal, if applicable;

(d) Provide updated information regard-ing educational qualifications, work historyand criminal arrest and conviction history;and

(e) Comply with all other requirementsfor license renewal established by the board.

(5) No person may employ an individualto perform the duties of a pharmacy techni-cian unless the individual is licensed to per-form the duties of a pharmacy technicianunder this chapter.

(6) A person licensed to perform the du-ties of a pharmacy technician may performthe duties of a pharmacy technician onlyunder the supervision, direction and controlof a licensed pharmacist. [1997 c.729 §6; 2001 c.595§2; 2005 c.313 §7]

689.490 Board to establish licensingsystem; rules; fees. (1) In accordance withany applicable provisions of ORS chapter183, the State Board of Pharmacy, by rule,shall establish a licensing system for personswho perform the duties of a pharmacy tech-nician. The licensing system shall includebut not be limited to the following pro-visions:

(a) Prescribing the form and content ofand the procedures for submitting an appli-cation for the issuance or renewal of a tech-nician license.

(b) Prescribing the fee for the original li-cense and for renewal of a license in anamount not to exceed $50 and the fee for de-linquent license renewal in an amount not toexceed $50.

(2) The board may refuse to issue or re-new, or may suspend, revoke or restrict atechnician license:

(a) For any reason listed under ORS689.405 (1);

(b) If the applicant is not authorized towork for hire under Oregon law; or

(c) For any other grounds that the board,in its discretion, believes would disqualifythe applicant for a license.

(3) Denial of a license under subsection(2) of this section shall be considered a con-tested case under ORS chapter 183. [1997 c.729§7; 2001 c.595 §3; 2005 c.313 §8]

689.495 Provision of licensing infor-mation. (1) Upon the written request of apharmacist, the State Board of Pharmacyshall provide the name, address, educationalqualifications, work history, technician li-cense history and criminal arrest and con-viction history of any pharmacy technicianlicensed with the board. Information providedby the board pursuant to a request underthis section shall be in writing and may beprovided to the requester by means of fac-simile or other electronic transmission or theUnited States Postal Service.

(2) For purposes of this section:(a) “Written request” includes but is not

limited to a request received by means offacsimile or other electronic transmission.

(b) “Work history” includes but is notlimited to information reported to the boardpursuant to ORS 689.497 to the extent theinformation is not exempt from disclosureunder ORS 676.175. [1997 c.729 §8; 2001 c.595 §5;2005 c.313 §9]

689.497 Report required upon termi-nation of pharmacy technician. (1) Apharmacy that terminates a pharmacy tech-nician shall report the termination to theState Board of Pharmacy. In the sole discre-tion of the pharmacy, the pharmacy may re-port the reason for the termination.

(2) A pharmacy reporting the terminationof a pharmacy technician under subsection(1) of this section shall provide the pharmacytechnician an opportunity to issue a state-ment accompanying the report of termi-nation. The statement of the pharmacytechnician may include any mitigating fac-tors or other information the pharmacytechnician deems relevant to the termi-nation.

(3) A pharmacy, pharmacist, pharmacytechnician or any other person who, in good



faith, submits a report of termination of apharmacy technician under the provisions ofthis section is not liable for any civil dam-ages as a result of submitting the report.

(4) The information provided to the boardpursuant to this section is:

(a) Subject to disclosure as provided inORS 689.495; and

(b) Admissible as evidence for any pur-pose in any civil proceeding before a court,agency, board or third-party dispute resolu-tion tribunal.

(5) Nothing in subsection (3) of this sec-tion shall affect the admissibility in evidenceof the records of a pharmacy or pharmacistthat pertain to the work history or termi-nation of employment of a pharmacy techni-cian. [2001 c.595 §7]

689.499 Pharmacy technician special-ized education program; rules. (1)(a) TheState Board of Pharmacy may by rule iden-tify activities performed by a pharmacy tech-nician for which a specialized educationprogram may be required.

(b) If the board identifies an activity re-quiring specialized education under this sub-section, the board shall approve no fewerthan two specialized education programs toprovide the specialized education.

(c) Upon receipt of evidence satisfactoryto the board that a pharmacy technician hassatisfactorily completed a specialized educa-tion program approved by the board, theboard shall note the specialized education onthe license of the pharmacy technician.

(2) The board may establish standards forrenewal or revocation of a notation of spe-cialized education under this section.

(3) As used in this section, “specializededucation program” means:

(a) A program providing education forpersons desiring licensure as pharmacy tech-nicians that is approved by the board andoffered by an accredited college or universitythat grants a two-year degree upon success-ful completion of the program; or

(b) A structured program approved by theboard and designed to educate pharmacytechnicians in one or more specific issues ofpatient health and safety that is offered by:

(A) An organization recognized by theboard as representing pharmacists or phar-macy technicians;

(B) An employer recognized by the boardas representing pharmacists or pharmacytechnicians; or

(C) A trade association recognized by theboard as representing pharmacies. [2005 c.313§16]

REQUIREMENTS RELATING TO SALES689.505 Labeling requirements; rules.

(1)(a) Except as specifically provided by law,no person shall distribute or dispense anydrug without affixing to the authorized con-tainer a clear and legible label, eitherprinted or written, bearing the name of thedrug and the name and place of business ofthe person distributing or dispensing thedrug, and any other information required bystate law or rules or federal law or regu-lations under whose supervision the drug isdelivered or dispensed.

(b) Labeling requirements regarding anydrug may be changed or exemption therefromgranted by the State Board of Pharmacy inthe form of a special permit if the board de-termines that a change or exemption is inthe best interest of public health and safety.

(2)(a) No manufacturer or wholesalersubject to ORS 689.305 shall sell or other-wise distribute, or offer to sell or otherwisedistribute, any drug for use in a:

(A) Parcel, package or container notbearing a label specifying the name, activeingredients or contents, quality and quantityof the drug.

(B) Misbranded parcel, package or con-tainer.

(b) A parcel, package or container ismisbranded:

(A) If its labeling is false or misleadingin any particular.

(B) Unless it bears a label containing thename and business address of the manufac-turer, packer, distributor or wholesaler, andan accurate statement of the quantity of thedrug in terms of weight, measure or numer-ical count, exclusive of wrappers, cartons,containers or other materials packed withsuch drug.

(C) In case it contains controlled sub-stances which the board finds and by ruledesignates after reasonable notice and op-portunity for hearing to be habit forming,unless it bears the statement “Warning--MayBe Habit Forming.”

(D) Unless it bears a label with adequatedirections for the safe use of the drug forspecified conditions, and adequate warningagainst use in those pathological conditionsor by children where such use may be dan-gerous to the health or welfare of a user.

(E) Unless it bears a label with true re-presentations of the intended uses of thedrug and no false claims or representationsare made of the drug in accompanying liter-ature or advertising.

(3) This section does not apply to parcels,packages or containers containing:



(a) Drugs prepared and packaged solelyfor use by a pharmacist in compounding pre-scriptions or for dispensing in dosage unitform upon a prescription, except that suchparcels, packages or containers must bearthe name and business address of the man-ufacturer and, if different, the name andbusiness address of the distributor of thedrug, and the legend “Caution: Federal LawProhibits Dispensing Without Prescription”or an equivalent legend.

(b) Drugs intended solely for use in theprofessional diagnosis of disease, except thatsuch parcels, packages or containers shallbear the statement “Diagnostic Reagent--ForProfessional Use Only.”

(c) Coloring agents, emulsifiers, excip-ients, flavorings, lubricants, preservativesand other like inactive ingredients used inthe manufacture of drugs.

(4) The board shall by rule exempt fromany labeling or packaging requirement ofthis section drugs which are, in accordancewith the practice of the trade, to be proc-essed, labeled or repacked in substantialquantities at establishments other than thosewhere originally processed or packed. How-ever, such drugs must not be adulterated ormisbranded upon removal from such process-ing, labeling or repacking establishment.

(5) A pharmacist or pharmacy internshall not dispense, on the prescription of apractitioner, any drug without affixing to thecontainer thereof a clear and legible label.The label may be printed or written. Exceptas provided in subsection (6) of this section,the pharmacist or pharmacy intern shallstate or cause to be stated on the label thefollowing:

(a) The name of the drug. If the dispenseddrug does not have a brand name, the pre-scription label shall indicate the genericname of the drug dispensed along with thename of the drug distributor or manufac-turer, its quantity per unit and the directionsfor its use stated in the prescription. How-ever, if the drug is a compound, the quantityper unit need not be stated.

(b) The name of the practitioner pre-scribing the drug.

(c) The name and place of business of thepharmacist or the name and place of businessof the pharmacy for which the pharmacist orpharmacy intern is acting.

(d) The name of the patient, unless thedrug is prescribed to a partner of a patientas defined in ORS 676.350 in accordance withrules adopted under ORS 676.350 authorizingthe practice of expedited partner therapy.

(e) When applicable and as determined bythe State Board of Pharmacy, an expiration

date after which the patient should not usethe drug.

(6) If the prescribing practitioner so di-rects, the prescription label shall not statethe name and quantity per unit of the drug.

(7) The State Board of Pharmacy shalldetermine those drugs which must bear anexpiration date under subsection (5)(e) of thissection.

(8) As used in this section, “compound”means a drug containing two or more med-ically active ingredients.

(9) No person shall deliver or dispenseany drug for use by the ultimate consumerwithout labeling the drug container as re-quired in this section.

(10) In addition to the labeling require-ments imposed by subsections (1) to (9) ofthis section, the board may impose by rulerequirements for drug code imprints on soliddose legend drugs. [1979 c.777 §34a; 1993 c.571 §13;2009 c.522 §2]

689.508 Prescription records. The ori-ginal record of every prescription filled by apharmacy must be kept on file for threeyears at the pharmacy or as specified byState Board of Pharmacy rule. The pre-scription record must contain the date of thetransaction and the brand name, or if thedrug has no brand name, the generic nameand the name of the manufacturer of anydrug substituted pursuant to ORS 689.515. Ifthe prescription may be communicated to thepharmacy by oral or electronic means, theprescription information may be recordedand stored in an electronic form that allowsfor ready retrieval. Prescriptions maintainedin the file required under this section mustbe readily accessible to the board for inspec-tion. [2003 c.103 §2; 2009 c.756 §80]


689.515 Regulation of generic drugs;substitutions; rules. (1) As used in thissection unless the context requires other-wise:

(a) “Brand name” means the proprietaryor trade name selected by the manufacturerand placed upon a drug, its container, labelor wrapping at the time of packaging.

(b) “Dosage form” means the physicalformulation or medium in which the productis intended, manufactured and made avail-able for use, including but not limited totablets, capsules, oral solutions, aerosols,ointments, inhalers and suppositories, andthe particular form of which utilizes a spe-cific technology or mechanism to control,enhance or direct the release, targeting,systemic absorption or other delivery of adosage regimen in the body.



(c) “Generic name” means the official ti-tle of a drug or drug ingredients published inthe latest edition of the official Pharma-copoeia, Homeopathic Pharmacopoeia orFormulary.

(d) “Substitute” means to dispense with-out the prescriber’s express authorization adifferent drug product in place of the drugordered or prescribed.

(e) “Therapeutically equivalent” meansdrugs that are approved by the United StatesFood and Drug Administration for interstatedistribution and the Food and Drug Admin-istration has determined that the drugs willprovide essentially the same efficacy andtoxicity when administered to an individualin the same dosage regimen.

(2) Except as limited by subsections (3)and (5) of this section, unless the purchaserinstructs otherwise, a pharmacist may sub-stitute as follows:

(a) A drug product with the same genericname in the same strength, quantity, doseand dosage form as the prescribed drugwhich is, in the pharmacist’s professionalopinion, therapeutically equivalent.

(b) When the prescriber is not reasonablyavailable for consultation and the prescribeddrug does not utilize a unique delivery sys-tem technology, an oral tablet, capsule orliquid form of the prescribed drug so long asthe form dispensed or administered has thesame strength, dose and dose schedule and istherapeutically equivalent to the drug pre-scribed.

(3) A practitioner may specify in writing,by a telephonic communication or by elec-tronic transmission that there may be nosubstitution for the specified brand namedrug in a prescription.

(4) A pharmacy shall post a sign in a lo-cation easily seen by patrons at the counterwhere prescriptions are dispensed or admin-istered stating that, “This pharmacy may beable to substitute a less expensive drugwhich is therapeutically equivalent to theone prescribed by your doctor unless you donot approve.” The printing on the sign mustbe in block letters not less than one inch inheight. If the pharmacist has reasonablecause to believe that the purchaser cannotread the sign or comprehend its content, thepharmacist shall endeavor to explain themeaning of the sign.

(5) A pharmacist may substitute a drugproduct under this section only when therewill be a savings in or no increase in cost tothe purchaser.

(6) If the practitioner prescribes a drugby its generic name, the pharmacist shall,consistent with reasonable professional judg-

ment, dispense or administer the lowest re-tail cost, effective brand which is in stock.

(7) Except as provided in subsection (8)of this section, when a pharmacist dispensesa substituted drug as authorized by subsec-tion (2) of this section, the pharmacist shalllabel the prescription container with thename of the dispensed drug. If the dispenseddrug does not have a brand name, the phar-macist shall label the prescription containerwith the generic name of the drug dispensedalong with the name of the drug manufac-turer.

(8) A prescription dispensed by a phar-macist must bear upon the label the name ofthe medication in the container or shall belabeled as intended by the prescriber.

(9) The substitution of any drug by apharmacist or the pharmacist’s employerpursuant to this section does not constitutethe practice of medicine.

(10) A substitution of drugs made by apharmacist or the pharmacist’s employer inaccordance with this section and any rulesthat the State Board of Pharmacy may adoptthereunder does not constitute evidence ofnegligence if the substitution was madewithin reasonable and prudent practice ofpharmacy or if the substituted drug was ac-cepted in a generally recognized formularyor government list.

(11) Failure of a practitioner to specifythat no substitution is authorized does notconstitute evidence of negligence unless thepractitioner knows that the health conditionof the patient for whom the practitioner isprescribing warrants the use of the brandname drug product and not the substituteddrug. [1979 c.777 §35; 1983 c.402 §4; 1985 c.565 §110; 1987c.108 §5; 1989 c.706 §22; 1991 c.734 §76; part renumbered689.854 and 689.857 in 1991; 1993 c.534 §1; 1993 c.571 §14;1999 c.350 §5; 2001 c.589 §1; 2001 c.623 §7a; 2009 c.326 §4]


689.525 Out-of-state prescriptions. (1)A prescription written by a practitioner li-censed in a state or territory of the UnitedStates, other than Oregon, may be filled onlyif the pharmacist called upon to fill suchprescription determines, in the exercise ofprofessional judgment:

(a) That it was issued pursuant to a validpatient-practitioner relationship; and

(b) That it is authentic.(2) However, if the practitioner writing

the prescription is not known to the phar-macist, the pharmacist shall obtain proof toa reasonable certainty of the validity of theprescription.

(3) The provisions of ORS 689.515 au-thorizing generic substitution shall not apply



to prescriptions described in this section un-less authorized on the prescription. [1979 c.777§36; 1981 c.666 §10; 1987 c.108 §6; 1993 c.571 §15; 1997c.153 §1]

689.527 Prohibited practices; rules. (1)Except as approved by rule by the StateBoard of Pharmacy, a person may not dis-pense drugs to the public by means of auto-matic vending machines.

(2) As used in this section, “automaticvending machine” means any mechanical de-vice or contrivance whereby the purchaser isable to secure drugs.

(3) A person may not adulterate for thepurpose of sale any drug in such manner asto render it injurious to health, or knowinglysell or offer for sale any adulterated drug.

(4) A person may not manufacture, com-pound or sell or offer for sale or cause to bemanufactured, compounded, sold or offeredfor sale any drug, compound or preparationfor internal or external use under or by aname recognized in the United States Phar-macopoeia, Homeopathic Pharmacopoeia orNational Formulary which differs from thestandard of strength and purity specifiedtherein as official at the time of manufac-ture, compounding, sale or offering for sale.

(5) A person may not manufacture, com-pound, sell or offer for sale, or cause to bemanufactured, sold or offered for sale, anydrug, the strength and purity of which fallsbelow the professed standard of strength andpurity under which it is sold.

(6) A person may not sell, give away,barter, dispense, distribute, buy, receive orpossess any prescription drug except as au-thorized by law.

(7) A manufacturer or wholesaler maynot sell or otherwise distribute, or offer tosell or otherwise distribute, any drug or de-vice except to a person legally authorized toresell, dispense or otherwise redistributesuch drug or device. The board may grant anexemption from the requirement of this sub-section in the form of a special permit if theboard finds that an exemption is in the bestinterest of the public health and safety.

(8)(a) A person may not sell, purchase ortrade or offer to sell, purchase or trade anydrug sample.

(b) As used in paragraph (a) of this sub-section, “drug sample” means a unit of adrug, subject to this chapter, that is not in-tended to be sold and is intended to promotethe sale of the drug, and includes a couponor other form which may be redeemed for adrug.

(9) For purposes of this section and ORS678.375, distribution of prepackaged compli-mentary samples of medications by a nurse

practitioner or clinical nurse specialist withprescription writing authority shall not con-stitute dispensing when the sample medica-tion is within the prescriptive authoritygranted to that nurse practitioner or clinicalnurse specialist. [Formerly 689.765]


689.532 Complimentary samples. Apractitioner who receives a complimentarysample of a controlled substance as definedin ORS 475.005 shall keep the sample in asecurely locked, substantially constructedcabinet and shall maintain a record of re-ceipts and withdrawals from each inventoryof samples. Each licensing board that hasjurisdiction over a practitioner’s license shallspecify the recording requirements for com-plimentary samples by rule. The licensingboard may inspect the records and the in-ventory of samples. [2009 c.326 §8]

689.535 [1979 c.777 §37; 1981 c.217 §1; 1985 c.565 §111;repealed by 2003 c.102 §2]


689.545 [1979 c.249 §1; 1981 c.388 §2; repealed by 2003c.102 §2]


689.555 Agricultural drugs, nonpre-scription drugs and certain other sub-stances. (1) Nothing in this chapterprohibits the sale by any person of agricul-tural or garden spray, sheep dip, blue stone,copperas, squirrel poison, fly paper, ant poi-son, gopher poison, insect powder, poultryvermifuge and arsenic sprays when they arein original unbroken packages, prepared andlabeled with official poison labels and show-ing antidotes.

(2) Nothing in this chapter requires orauthorizes the licensing or regulation of thesale of economic poisons, which includes anysubstance or mixture of substances intendedto be used for preventing, destroying,repelling or mitigating any and all insects,fungi, weeds, parasites, or other plant or an-imal pest, collectively or individually, whichmay infest or be detrimental to vegetation orany domestic animal or fowl life. [1979 c.777§40; 1985 c.565 §112]


689.565 [1999 c.874 §§1,2,3,4; repealed by 2007 c.272§13]


689.580 [Amended by 1969 c.514 §45; repealed by1973 c.743 §9 and by 1973 c.829 §71]

689.590 [Amended by 1965 c.580 §9; 1969 c.514 §44;1973 c.427 §35; repealed by 1977 c.842 §45 and 1979 c.777§59]

689.595 [1969 c.514 §43; repealed by 1973 c.427 §36(689.596 enacted in lieu of 689.595)]



689.596 [1973 c.427 §37 (enacted in lieu of 689.595);repealed by 1977 c.842 §45 and 1979 c.777 §59]


MISCELLANEOUS689.605 Power to dispense drugs from

hospital pharmacies, drug rooms andpenal institutions; rules. (1) In a hospitalor long term care facility having a pharmacyand employing a pharmacist, the pharmacyand pharmacist are subject to the require-ments of this chapter, except that in a hos-pital when a pharmacist is not in attendance,pursuant to standing orders of the pharma-cist, a registered nurse supervisor on thewritten order of a person authorized to pre-scribe a drug may withdraw such drug insuch volume or amount as needed for admin-istration to or treatment of an inpatient oroutpatient until regular pharmacy servicesare available in accordance with the rulesadopted by the board. However, the StateBoard of Pharmacy may grant an exceptionto the requirement for a written order by is-suing a special permit authorizing the regis-tered nurse supervisor in a hospital todispense medication on the oral order of aperson authorized to prescribe a drug. Aninpatient care facility which does not have apharmacy must have a drug room. In an in-patient care facility having a drug room asmay be authorized by rule of the Departmentof Human Services or the Oregon HealthAuthority, the drug room is not subject tothe requirements of this chapter relating topharmacies. However, a drug room must besupervised by a pharmacist and is subject tothe rules of the State Board of Pharmacy.When a pharmacist is not in attendance, anyperson authorized by the prescriber or by thepharmacist on written order may withdrawsuch drug in such volume or amount asneeded for administration to or treatment ofa patient, entering such withdrawal in therecord of the responsible pharmacist.

(2) In a hospital having a drug room, anydrug may be withdrawn from storage in thedrug room by a registered nurse supervisoron the written order of a licensed practi-tioner in such volume or amount as neededfor administration to and treatment of an in-patient or outpatient in the manner set forthin subsection (1) of this section and withinthe authorized scope of practice.

(3) A hospital having a drug room shallcause accurate and complete records to bekept of the receipt, withdrawal from stockand use or other disposal of all legend drugsstored in the drug room. Such record shallbe open to inspection by agents of the boardand other qualified authorities.

(4) In an inpatient care facility otherthan a hospital, the drug room shall containonly prescribed drugs already prepared forpatients therein and such emergency drugsupply as may be authorized by rule by theDepartment of Human Services.

(5) The requirements of this section shallnot apply to facilities described in ORS441.065.

(6) A registered nurse who is an em-ployee of a local health department estab-lished under the authority of a county ordistrict board of health and registered by theboard under ORS 689.305 may, pursuant tothe order of a person authorized to prescribea drug or device, dispense a drug or deviceto a client of the local health department forpurposes of caries prevention, birth controlor prevention or treatment of a communica-ble disease. Such dispensing shall be subjectto rules jointly adopted by the board and theOregon Health Authority.

(7) The board shall adopt rules authoriz-ing a pharmacist to delegate to a registerednurse the authority to withdraw prescriptiondrugs from a manufacturer’s labeled con-tainer for administration to persons confinedin penal institutions including, but not lim-ited to, adult and juvenile correctional facil-ities. A penal institution, in consultationwith a pharmacist, shall develop policies andprocedures regarding medication manage-ment, procurement and distribution. A phar-macist shall monitor a penal institution forcompliance with the policies and proceduresand shall perform drug utilization reviews.The penal institution shall submit to theboard for approval a written agreement be-tween the pharmacist and the penal institu-tion regarding medication policies andprocedures. [1979 c.777 §38; 1979 c.785 §9d; 1985 c.565§113; 1989 c.526 §1; 1993 c.272 §2; 1993 c.571 §16; 1995c.523 §3; 2003 c.617 §2; 2009 c.595 §1103]


689.615 Display of certificate or li-cense. (1) The holder of any certificate orlicense granted under this chapter shall dis-play it conspicuously in the pharmacy orplace of business to which it applies.

(2) All pharmacist certificates issued bythe State Board of Pharmacy shall bear thesignatures of all members and officers of theboard.

(3) On payment by the applicant of thefee prescribed in ORS 689.135, the board mayissue a new certificate to a pharmacist if theapplicant has lost the certificate or the cer-tificate has been destroyed. [1979 c.777 §25; 1985c.565 §114; 1987 c.108 §7; 1993 c.571 §17]

689.620 [Amended by 1965 c.545 §4; 1969 c.514 §38;1973 c.697 §10; 1975 c.686 §10; 1977 c.745 §45; repealed by1977 c.842 §45 and 1979 c.777 §59]




689.630 [Repealed by 1965 c.46 §1]

689.635 Dispensing according to na-turopathic formulary; effect of fillingprescription of naturopath. A drug pre-scribed by a naturopathic physician licensedunder ORS chapter 685 in accordance withthe formulary established by ORS 685.145may be dispensed by a licensed pharmacistor an employee of a licensed pharmacist ac-cording to the terms of the prescription. Thefilling of a prescription under this sectiondoes not constitute evidence of negligence onthe part of the pharmacist or the employeeif the prescription is dispensed within thereasonable and prudent practices of phar-macy. [1989 c.945 §4; 1993 c.571 §18; 2009 c.420 §4]

689.640 [Repealed by 1969 c.514 §57]

689.645 Power to administer and pre-scribe vaccines; rules. (1) In accordancewith rules adopted by the State Board ofPharmacy under ORS 689.205, a pharmacistmay administer vaccines to persons who areat least 11 years of age.

(2) The board may adopt rules allowinga pharmacist to prescribe vaccines to personswho are at least 11 years of age. The rulesmay only be as broad as necessary to enablepharmacists to enroll and participate in theVaccines for Children Program administeredby the Centers for Disease Control and Pre-vention.

(3) The board is authorized to issue, tolicensed pharmacists who have completedtraining accredited by the Centers for Dis-ease Control and Prevention, the AmericanCouncil on Pharmaceutical Education or asimilar health authority or professional body,certificates of special competency in the pre-scription and administration of vaccines topersons who are at least 11 years of age.

(4) The board shall adopt rules relatingto the reporting of the prescription and ad-ministration of vaccines to a patient’s pri-mary health care provider and to the OregonHealth Authority.

(5) The board shall adopt rules requiringpharmacists to establish protocols for theprescription and administration of vaccinesto persons who are at least 11 years of age.

(6) The board shall convene a volunteerImmunization and Vaccination AdvisoryCommittee consisting of no more than ninemembers for the purpose of advising theboard in promulgating rules under this sec-tion. The committee shall consist of one rep-resentative from the Oregon HealthAuthority, two representatives from the Ore-gon Medical Board, two representatives fromthe Oregon State Board of Nursing and tworepresentatives from the State Board of

Pharmacy and no more than two pharmacistsother than the representatives from the StateBoard of Pharmacy. [1999 c.350 §3b; 2005 c.312 §1;2009 c.250 §1; 2009 c.595 §1104; 2011 c.245 §1]

689.650 [1965 c.545 §6; 1969 c.314 §90; 1969 c.514 §31;repealed by 1973 c.697 §21]

689.655 Power to administer drugs anddevices; rules. A pharmacist may administera drug or device if the pharmacist is acting:

(1) Under the direction of or pursuant toa lawful prescription or order issued by a li-censed practitioner acting within the scopeof the practitioner’s practice; and

(2) In accordance with the rules adoptedby the State Board of Pharmacy regardingthe administration of drugs and devices. [1999c.350 §3e; 2009 c.326 §5]

Note: Section 3f, chapter 350, Oregon Laws 1999,provides:

Sec. 3f. Nothing in this 1999 Act shall be construedto allow a pharmacist to prescribe drugs or to dispenseor administer any drug or device that requires a pre-scription without a prescription or order of a practi-tioner authorized to prescribe drugs. [1999 c.350 §3f]


689.665 [1975 c.369 §§3,5; 1979 c.785 §10; repealed by1977 c.842 §45 and 1979 c.777 §59]





689.690 [1975 c.686 §6; repealed by 1979 c.777 §59]689.695 [1975 c.686 §7; repealed by 1977 c.842 §45 and

1979 c.777 §59]689.705 [1955 c.326 §1; 1967 c.260 §1; repealed by 1969

c.514 §57]689.710 [1955 c.326 §2; repealed by 1969 c.514 §57]689.715 [1955 c.326 §3; 1967 c.345 §1; repealed by 1969

c.514 §57]689.720 [1955 c.326 §4; 1957 c.350 §1; 1963 c.96 §7;

1967 c.183 §7; 1969 c.514 §21; repealed by 1977 c.842 §45and 1979 c.777 §59]

689.725 [1955 c.326 §5; 1969 c.514 §28; 1973 c.743 §7;repealed by 1977 c.842 §45 and 1979 c.777 §59]


689.735 [1955 c.326 §7; 1969 c.514 §22; renumbered689.810]

689.740 [1955 c.326 §8; 1969 c.514 §23; renumbered689.815]



689.755 [1955 c.326 §11; repealed by 1969 c.514 §57]689.760 [1955 c.326 §12; repealed by 1969 c.514 §57]689.765 [1979 c.777 §39; 1985 c.131 §6; 1987 c.108 §8;

1987 c.736 §2; 1993 c.571 §19; 2003 c.103 §3; 2005 c.462 §9;2008 c.4 §4; 2009 c.326 §6; renumbered 689.527 in 2009]



CHARITABLE PRESCRIPTION DRUGPROGRAM

689.770 Definitions for ORS 689.770 to689.780. As used in ORS 689.770 to 689.780,“the Charitable Prescription Drug Program”means a drug outlet that has:

(1) A valid certificate of registration is-sued by the State Board of Pharmacy;

(2) Volunteered to participate in theCharitable Prescription Drug Program; and

(3) Been approved by the board to acceptand distribute to needy individuals donatedprescription drugs through the program. [2009c.300 §2]

689.772 Establishment of program;immunity from liability. (1) There is cre-ated in the State Board of Pharmacy theCharitable Prescription Drug Program. Thepurpose of the program is to distribute do-nated prescription drugs to needy or unin-sured individuals. Participation in theprogram is voluntary.

(2) The program may accept and distrib-ute:

(a) Prescription drugs received in ori-ginal, sealed, tamper-evident packaging thatdisplays the lot number and expiration dateof the drug; and

(b) Sealed single unit dose packages re-ceived in opened packages containing multi-ple single unit doses.

(3) The program may not distribute do-nated prescription drugs that:

(a) Fail to meet the requirements of thissection;

(b) Bear an expiration date that is lessthan nine months from the date the drug isdonated;

(c) Are adulterated or misbranded; or(d) Belong to a category of controlled

substances that may not be distributed underthe program as adopted by the board by rulepursuant to ORS 689.774.

(4) The program shall:(a) Require a donor of prescription drugs

to complete and sign a donor form, adoptedby rule by the board, releasing the pre-scription drug to the program for distributionunder the program and certifying that thedonated drug has been properly stored andhas never been opened, used, adulterated ormisbranded;

(b) Require that the pharmacist will useprofessional judgment, based on a visual in-spection, to verify compliance with this sec-tion and rules adopted by the board underORS 689.774;

(c) Properly dispose of all prescriptiondrugs that do not meet the requirements of

this section and rules adopted by the boardunder ORS 689.774;

(d) Maintain separate confidential filesfor individuals receiving donated prescriptiondrugs through the program;

(e) Eliminate personal information fromthe labels of donated prescription drugs;

(f) Maintain an inventory of donated pre-scription drugs separate from any other in-ventory;

(g) Store donated prescription drugs in asecure location to be used exclusively for theprogram;

(h) Report to the board on the activitiesof the program in the form and manner re-quired by the board; and

(i) Require a recipient of a donated pre-scription drug to sign a form, as adopted bythe board by rule, attesting that the recipienthas been notified by the program that:

(A) The prescription drug distributed tothe recipient was donated to the program;

(B) A visual inspection was conducted bya pharmacist to ensure that the drug has notexpired, been adulterated or misbranded andis in its original, sealed packaging;

(C) A pharmacist has determined that thedrug is safe to distribute based on the accu-racy of the donor’s form and the visual in-spection by the pharmacist; and

(D) Participants in the program are im-mune from liability as provided in ORS689.780.

(5) The program may not charge a fee foraccepting a donation but may charge a feeestablished by the board by rule for distrib-uting a prescription drug.

(6) The program may not sell any pre-scription drugs received as a donationthrough the program.

(7) The program may refuse to accept aprescription drug that, upon visual inspec-tion, appears not to qualify for distributionunder this section or rules adopted by theboard under ORS 689.774.

(8) The program may distribute donatedprescription drugs to:

(a) Another charitable prescription drugprogram; or

(b) An individual with a new prescriptionfor prescription drugs who meets the re-quirements of ORS 689.778. [2009 c.300 §3]

689.774 Rules. The State Board of Phar-macy shall adopt rules to carry out ORS689.770 to 689.780, including but not limitedto:

(1) Specifying categories of prescriptiondrugs that the program may not distributeunder the program;



(2) Prescribing the forms described inORS 689.772;

(3) Establishing the criteria for licensureand regulation under the program;

(4) Establishing standards and proceduresfor accepting, storing, distributing, shippingand disposing of donated prescription drugsunder the program;

(5) Establishing standards and proceduresfor inspecting donated prescription drugs toensure that the drugs comply with the re-quirements of this section and ORS 689.772;and

(6) Establishing record keeping and re-porting requirements for the program. [2009c.300 §4]

689.776 Inspection; audit. The StateBoard of Pharmacy shall ensure compliancewith ORS 689.770 to 689.780 by:

(1) Inspecting the Charitable PrescriptionDrug Program on a regular basis; and

(2) Auditing records required to be main-tained by a pharmacy in connection with theprogram. [2009 c.300 §5]

689.778 Eligibility. An individual is eli-gible to obtain donated prescription drugsthrough the Charitable Prescription DrugProgram created in ORS 689.772 if the indi-vidual:

(1) Is a resident of this state; and(2)(a) Does not have health insurance

coverage for the prescription drug requested;(b) Is enrolled in a program of public as-

sistance, as defined in ORS 411.010; or(c) Meets other requirements adopted by

rule by the State Board of Pharmacy thatidentify needy individuals with barriers toaccessing prescription drugs. [2009 c.300 §6]

689.780 Immunity. (1) As used in thissection, “participant” means:

(a) A person who donates a prescriptiondrug to the Charitable Prescription DrugProgram;

(b) The Charitable Prescription DrugProgram;

(c) The State Board of Pharmacy;(d) A pharmacist;(e) A drug manufacturer; or(f) A health practitioner.(2) A participant who accepts or distrib-

utes donated prescription drugs through theCharitable Prescription Drug Program is notsubject to criminal prosecution or civil li-ability for any injury, death or loss of ordamage to person or property that resultsfrom the acceptance or distribution of thedonated prescription drugs if the participant

accepts or distributes the donated pre-scription drugs in good faith. [2009 c.300 §7]

689.805 [1969 c.514 §49; repealed by 1979 c.777 §59]689.810 [Formerly 689.735; 1979 c.744 §62; repealed

by 1979 c.777 §59]689.815 [Formerly 689.740; 1975 c.484 §1; repealed by

1979 c.777 §59]689.825 [1973 c.533 §2; 1975 c.369 §2; 1979 c.785 §11;

repealed by 1979 c.777 §59]689.830 [1975 c.218 §2; repealed by 1979 c.777 §59]

PENALTIES689.832 Civil penalties. (1) In addition to

any other liability or penalty provided bylaw, the State Board of Pharmacy may im-pose a civil penalty for any violation of theprovisions of this chapter or ORS chapter475 or any rule of the board. A civil penaltyimposed under this subsection may not ex-ceed $1,000 for each violation by an individ-ual and $10,000 for each violation by a drugoutlet.

(2) All penalties recovered under thissection shall be deposited into the StateBoard of Pharmacy Account established inORS 689.139.

(3) Any civil penalty under this sectionshall be imposed in the manner provided inORS 183.745.

(4) Notwithstanding ORS 183.745, theperson to whom the notice is addressed shallhave 10 days from the date of service of thenotice in which to make written applicationfor a hearing before the board. [1981 c.217 §3;1991 c.734 §77; 1993 c.571 §20; 1995 c.79 §348; 2005 c.726§13; 2007 c.90 §2]

689.835 [1975 c.218 §3; 1979 c.785 §12; repealed by1979 c.777 §59]

689.837 [1981 c.217 §4; repealed by 1993 c.571 §30]689.840 [1975 c.218 §4; repealed by 1979 c.777 §59]689.842 [1981 c.217 §5; repealed by 1993 c.571 §30]689.845 [1975 c.218 §6; 1979 c.785 §13; repealed by

1979 c.777 §59]689.847 [1981 c.217 §6; 1989 c.706 §23; repealed by

1991 c.734 §122]689.850 [1975 c.218 §5; repealed by 1979 c.777 §59]689.852 [1981 c.217 §7; 1991 c.734 §78; repealed by

1993 c.571 §30]

689.854 Civil penalty for violation ofORS 689.515. (1) In addition to all otherpenalties provided by law every person whoviolates ORS 689.515 or any rule adoptedthereunder may incur a civil penalty of upto $250 for every such violation.

(2) The penalty imposed under this sec-tion may be remitted or mitigated upon suchterms and conditions as the State Board ofPharmacy considers proper and consistentwith the public health and safety.

(3) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.



(4) Civil penalties recovered under thissection shall be deposited into the StateBoard of Pharmacy Account established inORS 689.139. [Formerly part of 689.515; 2005 c.726§14]

689.855 [Formerly 453.310; repealed by 1979 c.777§59]

689.857 [1981 c.217 §8; 1991 c.734 §79; subsection (2)formerly part of 689.515; repealed by 1993 c.571 §30]

689.860 [Formerly 453.320; repealed by 1979 c.777§59]

689.865 [Formerly 453.020; 1973 c.743 §8; 1975 c.218§7; 1979 c.785 §14; repealed by 1979 c.777 §59]

689.880 [1977 c.611 §3; repealed by 1979 c.777 §59]689.885 [1977 c.611 §2; repealed by 1979 c.777 §59]689.890 [1977 c.611 §4; repealed by 1979 c.777 §59]689.895 [1977 c.255 §2; 1979 c.249 §2; repealed by 1979

c.777 §59]689.990 [Subsection (12) of 1965 Replacement Part

enacted as 1955 c.326 §13; 1967 c.158 §1; 1969 c.514 §54;repealed by 1979 c.777 §59]

689.992 [Repealed by 1967 c.158 §2]

689.995 Criminal penalties. (1) Violationof any provision of this chapter or of anyrule of the State Board of Pharmacy is amisdemeanor.

(2) Failure to comply with any notice, ci-tation or subpoena issued by the board underORS 689.135 (12) is a misdemeanor. Each dayduring which the violation continues is aseparate offense.

(3) Refusal to furnish information re-quired under this chapter or willfully fur-nishing false information, is a misdemeanor.

(4) Any attempt to secure or the securingof registration or licensure for any personunder any certificate, license or permit au-thorized by this chapter by making or caus-ing to be made any false representations isa misdemeanor. [1979 c.777 §41; 1985 c.131 §7; 1985c.565 §115; 1993 c.571 §22; 2011 c.597 §143]


OCCUPATIONS AND PROFESSIONS


689 - oregonlegislature.gov · (17) “internship” means a professional experiential program...

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