Chapter 475 — Chapter 475
247 sections in this chapter.
ORS 475.005 Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980. As used in ORS 475.005 to 475.285 and 475.752 to 475.980, unless the context requires otherwise
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(1) “Abuse” means the repetitive excessive use of a drug short of dependence, without legal or medical supervision, which may have a detrimental effect on the individual or society. (2) “Administer” means the direct application of a controlled substance, whether by injection, inh…
ORS 475.010 [Amended by 1953 c.342 §3; 1957 c.587 §6; 1965 c.545 §1; 1971 c.743 §378; 1973 c.697 §9; 1974 c.67 §5; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 475.015 [1977 c.745 §3; 1979 c.777 §50; repealed by 1981 c.666 §11]
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[Repealed or reserved.]
ORS 475.020 [Repealed by 1957 c.587 §12]
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[Repealed or reserved.]
ORS 475.025 [1977 c.745 §4; repealed by 1981 c.666 §11]
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[Repealed or reserved.]
ORS 475.030 [Repealed by 1957 c.587 §12]
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[Repealed or reserved.]
ORS 475.035 Authority to control schedule; rules. (1) In arriving at any decision on changes in or addition to classification when changes or additions are proposed by the federal Drug Enforcement Administration or by any other reliable source, the State Board of Pharmacy shall review the scientific knowledge available regarding the substance, its pharmacological effects, patterns of use and misuse, and potential consequences of abuse, and consider the judgment of individuals with training and experience with the substance
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(2) Whenever the board determines that a change in or an addition to the schedule of a controlled substance is justified, the board by rule may order the change and fix the effective date thereof. (3) If a substance is an ingredient of a controlled substance, the ingredient shall…
ORS 475.040 [Repealed by 1957 c.587 §12]
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[Repealed or reserved.]
ORS 475.045 [1977 c.745 §7a; repealed by 2011 c.524 §4]
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[Repealed or reserved.]
ORS 475.050 [Repealed by 1957 c.587 §12]
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[Repealed or reserved.]
ORS 475.055 Publishing of schedules. The State Board of Pharmacy shall publish the classification of controlled substances within 30 days following revision of any classification or reclassification of a controlled substance. [1977 c.745 §6; 1981 c.666 §3]
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[Repealed or reserved.]
ORS 475.059 [2009 c.898 §2; repealed by 2017 c.21 §126]
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[Repealed or reserved.]
ORS 475.060 [Repealed by 1957 c.587 §12]
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[Repealed or reserved.]
ORS 475.065 Classification of methamphetamine; exceptions. (1) The State Board of Pharmacy shall classify methamphetamine as a controlled substance in Schedule I
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(2) Notwithstanding subsection (1) of this section, methamphetamine, its salts, isomers and salts of its isomers shall be classified as a controlled substance in Schedule II for purposes of currently accepted medical use in treatment in the United States and currently accepted me…
ORS 475.070 [Amended by 1961 c.648 §12; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 475.075 [1977 c.745 §2; 1979 c.777 §51; repealed by 1981 c.666 §11]
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[Repealed or reserved.]
ORS 475.080 [Repealed by 1959 c.411 §22]
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[Repealed or reserved.]
ORS 475.085 [1977 c.745 §55; 1979 c.777 §52; repealed by 1981 c.666 §11]
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[Repealed or reserved.]
ORS 475.090 [Amended by 1953 c.543 §3; 1957 c.587 §7; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 475.095 Rules; fees. The State Board of Pharmacy may adopt rules relating to fees and charge reasonable fees in addition to any other fees required by statute or rule, relating to the registration and control of the manufacture, delivery and dispensing of controlled substances within this state. [1977 c.745 §7; 1981 c.666 §4]
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[Repealed or reserved.]
ORS 475.100 [Amended by 1953 c.396 §2; 1957 c.587 §8; 1963 c.229 §1; 1965 c.15 §1; 1965 c.545 §2; 1971 c.743 §379; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 475.101 Immunity for reporting violation. A person who, in good faith, makes a report of a violation of ORS 475.752 to 475.980 and who has reasonable grounds for making the report is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to making the report or to the content of the report. The person has the same immunity with respect to participating in a judicial proceeding resulting from the report. [2005 c.706 §7]
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Note: 475.101 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 475.110 [Amended by 1953 c.396 §2; 1965 c.545 §3; 1971 c.743 §379a; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 475.120 [Repealed by 1971 c.743 §432]
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(Registration)
ORS 475.125 Registration requirements. (1) Every person who manufactures, delivers or dispenses any controlled substance within this state or who proposes to engage in the manufacture, delivery or dispensing of any controlled substance within this state, must obtain annually a registration issued by the State Board of Pharmacy in accordance with its rules
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(2) Persons registered by the board under ORS 475.005 to 475.285 and 475.752 to 475.980 to manufacture, deliver, dispense or conduct research with controlled substances may possess, manufacture, deliver, dispense or conduct research with those substances to the extent authorized …
ORS 475.130 [Repealed by 1957 c.587 §12]
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[Repealed or reserved.]
ORS 475.135 Grounds to grant or deny registration; scope of registration; effect of federal registration. (1) The State Board of Pharmacy shall register or renew the registration of an applicant to manufacture or dispense controlled substances included in schedules under procedures defined in ORS 475.035, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors
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(a) Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels; (b) Failure to comply with applicable state or local laws; (c) Any convictions of the applicant under any federal or state …
ORS 475.140 [Repealed by 1957 c.587 §12]
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[Repealed or reserved.]
ORS 475.145 Revocation and suspension of registration. (1) A registration under ORS 475.135 to manufacture, deliver or dispense a controlled substance may be suspended or revoked by the State Board of Pharmacy upon a finding that
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(a) The registrant has furnished false or fraudulent material information in any application filed under ORS 475.005 to 475.285 and 475.752 to 475.980; (b) The registrant has been convicted of a felony under any state or federal law relating to any controlled substance; (c) The r…
ORS 475.150 [Amended by 1959 c.411 §1; 1971 c.418 §14; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 475.155 Order to show cause. (1) Before denying, suspending or revoking a registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than 30 days after the date of service of the order. These proceedings shall be conducted in accordance with ORS chapter 183 without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing
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(2) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under ORS 475.145 or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants…
ORS 475.160 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 475.165 Records of registrants. Persons registered to manufacture, deliver or dispense controlled substances under ORS 475.005 to 475.285 and 475.752 to 475.980 shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the State Board of Pharmacy issues. [1977 c.745 §12; 1995 c.440 §27]
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(Records)
ORS 475.175 When order forms required. Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section. [1977 c.745 §13]
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[Repealed or reserved.]
ORS 475.185 When prescriptions required. (1)(a) Except when dispensed directly by a practitioner to an ultimate user, a controlled substance in Schedule II may not be dispensed without a written or electronically transmitted prescription of a practitioner
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(b) In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be dispensed with an oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Such prescriptions shall be retained in conformity with the requi…
ORS 475.188 Prescription drug orders; electronic transmission. (1)(a) Prescription drug orders may be transmitted by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist
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(b) A prescription drug order for medication for the treatment of opioid use disorder that is issued by a practitioner who is a pharmacist may be electronically transmitted to a dispensing pharmacist in accordance with the requirements of this section if the prescribing pharmacis…
ORS 475.190 Exception to prescription requirement; rules. (1) Notwithstanding the provisions of ORS 475.185, upon registration with the State Board of Pharmacy, a humane society or animal control agency may purchase, possess and, subject to subsection (4) of this section, administer sodium pentobarbital and sedative and analgesic medications to euthanize injured, sick, homeless or unwanted domestic pets and other animals
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(2) The State Board of Pharmacy, after consultation with the Oregon State Veterinary Medical Examining Board, shall adopt rules according to ORS 183.325 to 183.410 establishing requirements for registration, renewal of registration and revocation or suspension of registration und…
ORS 475.205 [1977 c.745 §24; repealed by 1981 c.666 §11]
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(Miscellaneous)
ORS 475.215 Cooperative arrangements. The State Board of Pharmacy shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may
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(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; and (2) Cooperate in training programs concerning controlled substance law enforcement at local and state levels. [1977 c.745 §22]
ORS 475.225 Education and research. (1) The Oregon Health Authority shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs it may
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(a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of m…
ORS 475.230 Transfer of pseudoephedrine without prescription; limitations; rules; penalty. (1) As used in this section, “intern,” “pharmacist,” “pharmacy” and “pharmacy technician” have the meanings given those terms in ORS 689.005
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(2) A pharmacist, intern or pharmacy technician may transfer a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine without a prescription from a practitioner to a person who is 18 years of age or older and who provid…
ORS 475.235 Burden of proof; status of analysis of controlled substance; notice of objection. (1) It is not necessary for the state to negate any exemption or exception in ORS 475.005 to 475.285 and 475.752 to 475.980 in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under ORS 475.005 to 475.285 and 475.752 to 475.980. The burden of proof of any exemption or exception is upon the person claiming it
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(2) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under ORS 475.005 to 475.285 and 475.752 to 475.980, the person is presumed not to be the holder of the registration or form. The burden of proof is upon th…
ORS 475.237 [2021 c.591 §46; repealed by 2024 c.70 §72]
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[Repealed or reserved.]
ORS 475.245 Conditional discharge. (1)(a) Whenever a person is charged with an offense listed in subsection (5) of this section, the court, with the consent of the district attorney and the person, may defer further proceedings and place the person on probation. The terms of the probation shall be defined by a probation agreement
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(b) A probation agreement carries the understanding that if the defendant fulfills the terms of the agreement, the criminal charges filed against the defendant will be dismissed with prejudice. (c) The agreement must contain a waiver of the following rights of the defendant with …
ORS 475.255 Status of penalties. Any penalty imposed for violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [1977 c.745 §18; 1995 c.440 §31]
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[Repealed or reserved.]
ORS 475.265 When prosecution barred. If a violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. [1977 c.745 §19; 1995 c.440 §32]
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(Interpretation; Title)
ORS 475.275 Uniformity of interpretation. ORS 475.005 to 475.285 and 475.752 to 475.980 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of ORS 475.005 to 475.285 and 475.752 to 475.980 among those states which enact similar laws. [1977 c.745 §28; 1995 c.440 §33]
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[Repealed or reserved.]
ORS 475.285 Short title. ORS 475.005 to 475.285 and 475.752 to 475.980 may be cited as the Uniform Controlled Substances Act. [1977 c.745 §29; 1995 c.440 §7]
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[Repealed or reserved.]
ORS 475.290 [2015 c.1 §72; 2015 c.614 §68; repealed by 2017 c.21 §126]
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[Repealed or reserved.]
ORS 475.295 [1989 c.1075 §2; 1991 c.460 §3; 1993 c.33 §358; renumbered 430.400 in 1993]
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[Repealed or reserved.]