204 sections in this chapter.
ORS 689.005 As used in this chapter
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(1) “Administer” means the direct application of a drug or device whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (a) A practitioner or the practitioner’s authorized agent; or (b) The patient or research subject at…
ORS 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[Amended by 1963 c.586 §1; 1967 c.629 §1; 1969 c.514 §1; 1973 c.743 §1; 1975 c.369 §1; 1975 c.686 §8; 1979 c.785 §7; repealed by 1977 c.842 §2 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.015 [1979 c.777 §4; 1999 c.350 §3; repealed by 2009 c.326 §2]
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[Repealed or reserved.]
ORS 689.025 Policy; purpose. (1) The practice of pharmacy in the State of Oregon is declared a health care professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy, as defined in this chapter, merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy in the State of Oregon. This chapter shall be liberally construed to carry out these objects and purposes
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(2) It is the purpose of this chapter to promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale and di…
ORS 689.035 Short title. This chapter shall be known as the “Oregon Pharmacy Act.” [1979 c.777 §1; 1985 c.565 §96]
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[Repealed or reserved.]
ORS 689.045 Severability. If any provision 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 chapter 689 is declared unconstitutional or illegal, or the applicability 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 chapter 689 to any person or circumstances is held invalid by a court of competent jurisdiction, the constitutionality or legality of the remaining 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 ORS chapter 689 and the application 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 chapter 689 to other persons and circumstances shall not be affected and shall remain in full force and effect without the invalid provision or application. [1979 c.777 §63; 1999 c.605 §6; 1999 c.1051 §137]
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Note: 689.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 689 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 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 §45 and 1979 c.777 §59]
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STATE BOARD OF PHARMACY
ORS 689.115 Membership; qualifications; term; vacancy; compensation. (1) The State Board of Pharmacy consists of nine members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board
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(a) Five must be licensed pharmacists. (b) Two must be licensed pharmacy technicians. (c) Two must be members of the public who are not licensed pharmacists or a spouse, domestic partner, child, parent or sibling of a pharmacist. (2)(a) Board members required to be licensed pharm…
ORS 689.120 [Amended by 1967 c.159 §2; repealed by 1969 c.514 §57]
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[Repealed or reserved.]
ORS 689.125 [1979 c.777 §§10,12; 1985 c.565 §97; repealed by 2009 c.535 §30 and 2009 c.756 §73]
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[Repealed or reserved.]
ORS 689.130 [Repealed by 1969 c.514 §57]
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[Repealed or reserved.]
ORS 689.135 General powers of board; fees. (1) The State Board of Pharmacy shall exercise the duties, powers and authority necessary to enforce this chapter and to enforce board rules adopted pursuant to this chapter, including but not limited to the following
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(a) Annual printing and circulation of copies of any changes in the laws relating to pharmacy, controlled substances, drugs and poisons and the rules adopted to enforce the laws, and establishment of reasonable charges for the copies. (b) Appointment of advisory committees. (2) T…
ORS 689.139 State Board of Pharmacy Account; disposition of receipts. The State Board of Pharmacy Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the State Board of Pharmacy shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. Any interest or other income from moneys in the account shall be credited to the account. [2005 c.726 §10]
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[Repealed or reserved.]
ORS 689.140 [Amended by 1963 c.586 §3; repealed by 1969 c.514 §57]
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[Repealed or reserved.]
ORS 689.145 Enforcement powers of board. The responsibility for enforcement of the provisions of this chapter is vested in the State Board of Pharmacy. The board shall have all of the duties, powers and authority specifically granted by and necessary and proper to the enforcement of this chapter, as well as such other duties, powers and authority as it may be granted from time to time by law. [1979 c.777 §6; 1985 c.565 §99]
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[Repealed or reserved.]
ORS 689.150 [Amended by 1969 c.514 §46; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.151 Board control over licensing, standards and discipline. The State Board of Pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state including, but not limited to, the following
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(1) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter; (2) The renewal of licenses to engage in the practice of pharmacy; (3) The determination and issuance of standards based …
ORS 689.153 Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate. The lapse, suspension or revocation of a license or certificate of registration by the operation of law or by order of the State Board of Pharmacy or by the decision of a court of law, or the voluntary surrender of a license by a licensee or of a certificate of registration by the holder of the certificate, does not deprive the board of jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee or certificate holder or revise or render null and void an order of disciplinary action against the licensee or certificate holder. [2007 c.90 §4]
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[Repealed or reserved.]
ORS 689.155 Authority of board over medications, drugs, devices and other materials; rules. The State Board of Pharmacy shall also have the following responsibilities in regard to medications, drugs, devices and other materials used in this state in the diagnosis, mitigation and treatment or prevention of injury, illness and disease
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(1)(a) The regulation of the sale at retail, the administering by pharmacists to the extent provided in ORS 689.645 and 689.655 and the dispensing of medications, drugs, devices and other materials including the right to seize any such drugs, devices and other materials found to …
ORS 689.160 [Amended by 1969 c.514 §4; 1979 c.785 §8; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.165 Officers; executive director. (1) The State Board of Pharmacy shall elect from its members a president and vice president and such other officers as it deems appropriate and necessary to the conduct of its business. The President of the State Board of Pharmacy shall preside at all meetings of the board and shall be responsible for the performance of all of the duties and functions of the board required or permitted by this chapter. If the president is absent or unable to preside, the vice president shall preside. Each additional officer elected by the board shall perform those duties normally associated with their position and such other duties assigned from time to time by the board
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(2) Officers elected by the board shall serve terms of one year commencing with the day of their election, and ending upon election of their successors and shall serve no more than one consecutive full term in each office to which they are elected. (3) The executive director of t…
ORS 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]
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[Repealed or reserved.]
ORS 689.175 Compensation of board members and executive director. (1) Each member of the State Board of Pharmacy shall receive compensation for each day on which the member is engaged in performance of the official duties of the board, and reimbursement for all expenses incurred in connection with the discharge of such official duties as provided in ORS 292.495
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(2) The Executive Director of the State Board of Pharmacy shall receive, as compensation, an annual salary payable monthly, the amount of which shall be determined by the board, and reimbursement for all expenses incurred in connection with performance of official duties, subject…
ORS 689.180 [Amended by 1969 c.514 §3; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.185 Meetings. (1) The State Board of Pharmacy shall meet at least once every three months to transact its business. One such meeting held during each fiscal year of the state shall be designated by rule as the annual meeting and shall be for the purpose of electing officers and for the reorganization of the board. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by majority of members of the board
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(2) The board shall meet at such place as it may from time to time determine. The place for each meeting shall be determined prior to giving notice of such meeting and shall not be changed after such notice is given without adequate subsequent notice. (3) Notice of all meetings o…
ORS 689.195 Employees. (1) The State Board of Pharmacy may, in its discretion, employ persons in positions or capacities as it deems necessary to the proper conduct of board business and to the fulfillment of the board’s responsibilities as defined by this chapter
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(2) The employees of the board other than the executive director shall receive, as compensation, an annual salary payable monthly, the amount of which shall be determined by law, and reimbursement for expenses incurred in connection with performance of their official duties. [197…
ORS 689.205 Rules. The State Board of Pharmacy shall make, adopt, amend and repeal such rules as may be deemed necessary by the board, from time to time, for the proper administration and enforcement of this chapter. Such rules shall be adopted in accordance with the procedures specified in ORS chapter 183. [1979 c.777 §17; 1985 c.565 §103]
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[Repealed or reserved.]
ORS 689.207 Authority of board to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Board of Pharmacy may require the fingerprints of a person who is
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(1) Applying for a license or certificate that is issued by the board; (2) Applying for renewal of a license or certificate that is issued by the board; or (3) Under investigation by the board. [2005 c.730 §68] Note: 689.207 was enacted into law by the Legislative Assembly but wa…
ORS 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]
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[Repealed or reserved.]
ORS 689.215 [1965 c.580 §3; repealed by 1967 c.287 §3]
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[Repealed or reserved.]
ORS 689.220 [Repealed by 1969 c.514 §57]
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PRACTICE OF PHARMACY
ORS 689.225 License requirement; exceptions; possession of drugs; regulation of pharmacy technicians; rules; penalty. (1) A person may not engage in the practice of pharmacy unless the person is licensed under this chapter or authorized in another state or United States territory and is practicing under ORS 676.347. Nothing in this section prevents physicians, dentists, veterinarians or other practitioners of the healing arts who are licensed under the laws of this state from dispensing and administering prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by law of this state
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(2) A person may not take, use or exhibit the title of pharmacist or the title of druggist or apothecary, or any other title or description of like import unless the person is licensed to practice pharmacy under this chapter. (3) A pharmacist may not possess personally or store d…
ORS 689.230 [Amended by 1967 c.287 §2; 1969 c.514 §7; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.235 [1969 c.514 §8; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.240 [Amended by 1963 c.96 §3; 1967 c.183 §2; 1969 c.514 §9; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.245 [1979 c.777 §18; 1985 c.565 §105; renumbered 689.151 in 1997]
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[Repealed or reserved.]
ORS 689.250 [Amended by 1955 c.132 §1; 1963 c.96 §4; 1965 c.580 §6; 1967 c.183 §3; 1969 c.514 §10; 1973 c.612 §24; 1975 c.686 §9; repealed by 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.255 Qualifications for licensure by examination. (1) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall
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(a) Have submitted a written application in the form prescribed by the State Board of Pharmacy. (b) Have attained the age of 18 years. (c) Be of good moral character and temperate habits. (d) Have completed requirements for the first professional undergraduate degree as certified…
ORS 689.260 [Amended by 1969 c.514 §12; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.265 Qualifications for licensure by reciprocity. (1) To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall
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(a) Have submitted a written application in the form prescribed by the State Board of Pharmacy. (b) Have attained the age of 18 years. (c) Have good moral character and temperate habits. (d) Have possessed at the time of initial licensure as a pharmacist such other qualifications…
ORS 689.270 [Amended by 1963 c.586 §5; 1969 c.514 §14; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.275 Renewal of licenses; rules; fees. (1) Each pharmacist shall apply for renewal of license annually no later than June 30 or no later than such date as may be specified by rule of the State Board of Pharmacy. The board shall renew the license of each pharmacist who is qualified to engage in the practice of pharmacy
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(2) The board shall specify by rule the procedures to be followed, in addition to those specified by ORS 689.285, and the fees to be paid for renewal of licenses. (3)(a) All pharmacists in good standing who have been licensed pharmacists for at least 20 years and who are retired …
ORS 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]
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[Repealed or reserved.]
ORS 689.285 Continuing education; rules; fees. (1) The Legislative Assembly finds and declares that
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(a) The continuous introduction of new medical agents and the changing concepts of the delivery of health care services in the practice of pharmacy make it essential that a pharmacist undertake a continuing education program in order to maintain professional competency and improv…
ORS 689.290 [1969 c.514 §56; 1971 c.92 §2; 1973 c.743 §5; 1977 c.745 §43; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.295 Practice of clinical pharmacy. In accordance with rules adopted by the State Board of Pharmacy under ORS 689.205, a pharmacist may engage in the practice of clinical pharmacy. [2015 c.362 §2]
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REGULATION OF DRUG OUTLETS
ORS 689.305 Registration of drug outlets; rules. (1) All drug outlets shall annually register with the State Board of Pharmacy
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(2)(a) Each drug outlet shall apply for a certificate of registration in one or more of the following classifications: (A) Retail drug outlet. (B) Institutional drug outlet. (C) Manufacturer drug outlet. (D) Wholesale distributor drug outlet. (E) Nonprescription drug outlet. (F) …
ORS 689.310 [Amended by 1953 c.126 §2; 1963 c.96 §5; 1967 c.183 §5; 1969 c.514 §15; 1979 c.336 §2; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.315 Application; rules. (1) The State Board of Pharmacy shall specify by rule the registration procedures to be followed, including but not limited to specification of forms for use in applying for such certificates of registration and times, places and fees for filing such application
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(2) Applications for certificates of registration shall include the following information about the proposed drug outlet: (a) Ownership; (b) Location; (c) Identity of pharmacist licensed to practice in the state, who shall be the pharmacist in charge of the drug outlet, where one…
ORS 689.320 [Amended by 1963 c.586 §6; 1965 c.157 §1; 1967 c.261 §1; 1969 c.514 §16; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]