Chapter 689 — Chapter 689
204 sections in this chapter.
ORS 689.325 Required reports. (1) All registered drug outlets shall report to the State Board of Pharmacy the occurrence of any of the following changes within the times specified by the board by rule
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(a) Permanent closing; (b) Change of ownership, management, location or pharmacist in charge; or (c) Any and all other matters and occurrences as the board may require by rule. (2) Disasters, accidents and emergencies which may affect the strength, purity or labeling of drugs, me…
ORS 689.330 [Amended by 1955 c.94 §1; 1957 c.598 §1; 1963 c.96 §6; 1969 c.514 §18; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.335 Certificate required; reinstatement. (1) No drug outlet designated in ORS 689.305 shall be operated until a certificate of registration has been issued to said facility by the State Board of Pharmacy. Upon the finding of a violation of ORS 689.305 or 689.405, the board may impose one or more of the penalties under ORS 689.445
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(2) Reinstatement of a certificate that has been suspended, revoked or restricted by the board may be granted in accordance with the procedures specified by ORS 689.445 (2). [1979 c.777 §33; 1981 c.277 §3]
ORS 689.338 Pharmacy prescription locker; rules. (1) As used in this section, “pharmacy prescription locker” means a mechanical device that serves as an extension of a retail drug outlet’s will call or point of sale area in which completed patient-specific prescription drugs, devices and related supplies and nonprescription drugs, devices and related supplies are stored for pickup
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(2) A retail drug outlet may operate one or more pharmacy prescription lockers located within this state that need not be at the same physical address as the retail drug outlet. A pharmacy prescription locker operated pursuant to this section is considered part of the retail drug…
ORS 689.340 [Amended by 1969 c.514 §19; 1973 c.612 §25; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.342 [1989 c.667 §1; 2005 c.313 §1; 2007 c.70 §313; repealed by 2009 c.697 §14]
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[Repealed or reserved.]
ORS 689.344 [1989 c.667 §2; 2005 c.313 §2; 2007 c.70 §314; repealed by 2009 c.697 §14]
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[Repealed or reserved.]
ORS 689.346 [1989 c.667 §3; 2007 c.70 §315; repealed by 2009 c.697 §14]
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[Repealed or reserved.]
ORS 689.348 [1989 c.667 §4; 2005 c.313 §3; repealed by 2009 c.697 §14]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 689.352 [1989 c.667 §5; 2005 c.313 §4; repealed by 2009 c.697 §14]
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[Repealed or reserved.]
ORS 689.354 [1989 c.667 §6; 2005 c.313 §5; repealed by 2009 c.697 §14]
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[Repealed or reserved.]
ORS 689.356 [1989 c.667 §7; 1991 c.703 §32; 2005 c.313 §6; repealed by 2009 c.697 §14]
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[Repealed or reserved.]
ORS 689.360 [1965 c.580 §8; 1969 c.514 §17; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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DISCIPLINE
ORS 689.405 Grounds for discipline; investigation; procedure as contested case. (1) The State Board of Pharmacy may refuse to issue or renew, or may suspend, revoke or restrict the license of any person or the certificate of registration of any drug outlet upon one or more of the following grounds
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(a) Unprofessional conduct as that term is 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 for which the person is licensed with reasonable skill, competence and safety to the pub…
ORS 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]
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[Repealed or reserved.]
ORS 689.413 [1969 c.514 §26; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.415 [1969 c.514 §27; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.420 [Repealed by 1969 c.514 §57]
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[Repealed or reserved.]
ORS 689.423 [1971 c.734 §143; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.425 [1969 c.514 §30; repealed by 1971 c.734 §21]
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[Repealed or reserved.]
ORS 689.430 [Amended by 1969 c.514 §29; repealed by 1971 c.734 §21]
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[Repealed or reserved.]
ORS 689.435 [1971 c.734 §144; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.440 [Repealed by 1969 c.514 §57]
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[Repealed or reserved.]
ORS 689.445 Penalties and reinstatement. (1) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license or renewal of a license under the provisions of ORS 435.010 to 435.030, 475.125 and 475.135 and this chapter, the State Board of Pharmacy may impose one or more of the following penalties
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(a) Suspension of the offender’s license for a term to be determined by the board; (b) Revocation of the offender’s license; (c) Restriction of the offender’s license to prohibit the offender from performing certain acts or from engaging in the practice of pharmacy in a particula…
ORS 689.450 [Amended by 1969 c.514 §47; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.455 Duty to report suspected violations and prohibited conduct; liability for reporting; confidentiality of report. (1) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a pharmacist or pharmacy technician shall report
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(a) Any suspected violations of this chapter or of ORS 475.005 to 475.285 and 475.752 to 475.980 to the State Board of Pharmacy; and (b) Any prohibited conduct as defined in ORS 676.150 in the manner provided in ORS 676.150. (2) Any pharmacist or pharmacy technician who reports t…
ORS 689.460 [1973 c.743 §11; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.475 [1967 c.636 §2; 1969 c.514 §32; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.480 [1967 c.636 §3; 1969 c.514 §33; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.485 [1967 c.636 §4; 1969 c.514 §34; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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PHARMACY TECHNICIANS
ORS 689.486 When license required; qualifications for licensure; renewal; temporary license; supervision required. (1) It is unlawful for any person to perform the duties of a pharmacy technician or use the title of pharmacy technician unless licensed to perform the duties of a pharmacy technician
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(2) To be licensed to perform the duties of a pharmacy technician, a person shall: (a) Submit a license application in the manner prescribed by the State Board of Pharmacy; and (b) Pay the license fee established by the board. (3) The license application prescribed by the board s…
ORS 689.490 Board to establish licensing system; rules; fees. (1) In accordance with any applicable provisions of ORS chapter 183, the State Board of Pharmacy, by rule, shall establish a licensing system for persons who perform the duties of a pharmacy technician. The licensing system shall include but not be limited to the following provisions
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(a) Prescribing the form and content of and the procedures for submitting an application for the issuance or renewal of a technician license. (b) Prescribing the fee for a license, for renewal of a license and for late renewal of a license. (c) Allowing an applicant to meet educa…
ORS 689.495 Provision of licensing information. (1) Upon the written request of a pharmacist, the State Board of Pharmacy shall provide the name, address, educational qualifications, work history, technician license history and criminal arrest and conviction history of any pharmacy technician licensed with the board. Information provided by the board pursuant to a request under this section shall be in writing and may be provided to the requester by means of facsimile or other electronic transmission or the United States Postal Service
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(2) For purposes of this section: (a) “Written request” includes but is not limited to a request received by means of facsimile or other electronic transmission. (b) “Work history” includes but is not limited to information reported to the board pursuant to ORS 689.497 to the ext…
ORS 689.497 Report required upon termination of pharmacy technician. (1) A pharmacy that terminates a pharmacy technician shall report the termination to the State Board of Pharmacy. In the sole discretion of the pharmacy, the pharmacy may report the reason for the termination
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(2) A pharmacy reporting the termination of a pharmacy technician under subsection (1) of this section shall provide the pharmacy technician an opportunity to issue a statement accompanying the report of termination. The statement of the pharmacy technician may include any mitiga…
ORS 689.499 Pharmacy technician specialized education program; rules. (1)(a) The State Board of Pharmacy may by rule identify activities performed by a pharmacy technician for which a specialized education program may be required
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(b) If the board identifies an activity requiring specialized education under this subsection, the board shall approve no fewer than two specialized education programs to provide the specialized education. (c) Upon receipt of evidence satisfactory to the board that a pharmacy tec…
ORS 689.503 Licensing of pharmaceutical representatives; civil penalty; rules. (1) As used in this section
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(a) “Health care provider” means a person that is licensed, certified or otherwise authorized under the laws of this state to prescribe, provide or dispense pharmaceutical products to patients for the purposes of diagnosis, treatment or care of disease, injury or congenital condi…
ORS 689.505 Labeling requirements; rules. (1)(a) Except as specifically provided by law and in compliance with ORS 689.564, a person may not distribute or dispense any drug without affixing to the authorized container a clear and legible label, either printed or written, bearing the name of the drug and the name and place of business of the person distributing or dispensing the drug, and any other information required by state law or rules or federal law or regulations under whose supervision the drug is delivered or dispensed
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(b) Labeling requirements regarding any drug may be changed or exemption therefrom granted by the State Board of Pharmacy in the form of a special permit if the board determines that a change or exemption is in the best interest of public health and safety. (2)(a) A manufacturer …
ORS 689.508 Prescription records. The original record of every prescription filled by a pharmacy must be kept on file for three years at the pharmacy or as specified by State Board of Pharmacy rule. The prescription record must contain the date of the transaction and the brand name, or if the drug has no brand name, the generic name and the name of the manufacturer of any drug substituted pursuant to ORS 689.515. If the prescription may be communicated to the pharmacy by oral or electronic means, the prescription information may be recorded and stored in an electronic form that allows for ready retrieval. Prescriptions maintained in the file required under this section must be readily accessible to the board for inspection. [2003 c.103 §2; 2009 c.756 §80]
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[Repealed or reserved.]
ORS 689.510 [Amended by 1953 c.433 §1; 1971 c.650 §39; 1973 c.792 §44; 1977 c.688 §1; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.515 Regulation of generic drugs; substitutions; rules. (1) As used in this section unless the context requires otherwise
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(a) “Brand name” means the proprietary or trade name selected by the manufacturer and placed upon a drug, its container, label or wrapping at the time of packaging. (b) “Dosage form” means the physical formulation or medium in which the product is intended, manufactured and made …
ORS 689.520 [Amended by 1965 c.466 §2; 1967 c.291 §2; 1969 c.314 §89; 1969 c.514 §35; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.522 Substitution of biological products for prescribed biological products; rules. (1) A pharmacy or pharmacist filling a prescription order for a biological product may not substitute a biological product for the prescribed biological product unless
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(a) The substitute biological product has been determined by the United States Food and Drug Administration to be interchangeable with the prescribed biological product; (b) The prescribing practitioner has not designated on the prescription that substitution is prohibited; (c) T…
ORS 689.524 Approval of coverage for biological product. ORS 689.522 does not prohibit an insurer or other health care payer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. [2016 c.43 §4]
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Note: 689.524 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 689 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 689.525 Out-of-state prescriptions. (1) A prescription written by a practitioner licensed in a state or territory of the United States, other than Oregon, may be filled only if the pharmacist called upon to fill such prescription determines, in the exercise of professional judgment
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(a) That it was issued pursuant to a valid patient-practitioner relationship; and (b) That it is authentic. (2) However, if the practitioner writing the prescription is not known to the pharmacist, the pharmacist shall obtain proof to a reasonable certainty of the validity of the…
ORS 689.527 Prohibited practices; rules. (1) Except as approved by rule by the State Board of Pharmacy, a person may not dispense drugs to the public by means of automatic vending machines
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(2) As used in this section, “automatic vending machine” means any mechanical device or contrivance whereby the purchaser is able to secure drugs. (3) A person may not adulterate for the purpose of sale any drug in such manner as to render it injurious to health, or knowingly sel…
ORS 689.530 [Amended by 1969 c.514 §36; 1977 c.688 §2; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]
ORS 689.532 Complimentary samples. A practitioner who receives a complimentary sample of a controlled substance as defined in ORS 475.005 shall keep the sample in a securely locked, substantially constructed cabinet and shall maintain a record of receipts and withdrawals from each inventory of samples. Each licensing board that has jurisdiction over a practitioner’s license shall specify the recording requirements for complimentary samples by rule. The licensing board may inspect the records and the inventory of samples. [2009 c.326 §8]
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[Repealed or reserved.]
ORS 689.535 [1979 c.777 §37; 1981 c.217 §1; 1985 c.565 §111; repealed by 2003 c.102 §2]
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[Repealed or reserved.]
ORS 689.540 [Amended by 1969 c.514 §37; 1977 c.688 §3; repealed by 1977 c.842 §45 and 1979 c.777 §59]
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[Repealed or reserved.]