Title 52, Occupations and Professions

(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 dru…

(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: (a) Unprofessional conduct as that term is defined by the ru…

(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 t…

(1) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a pharmacist or pharmacy technician shall report: (a) Any suspected violations of this chapter or of ORS 475.005 to 475.285 and 475.752 to 475.980 to the Stat…

(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. (2) To be licensed to perform the duties of a pharmacy technician, a person shall: (a) Submit a…

(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 provis…

(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. Informati…

(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. (2) A pharmacy reporting the termination of a pharmacy technician unde…

(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. (b) If the board identifies an activity requiring specialized education under this subsection, the board shall approve …

(1) As used in this section: (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 diseas…

(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 plac…

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 na…

(1) As used in this section unless the context requires otherwise: (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…

(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: (a) The substitute biological product has been determined by the United States Food and Drug Administration to …

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] Note: 689.524 was enacted into law by the Legislative Assembl…

(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: (a) That it was issued pursuant …

(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. (2) As used in this section, “automatic vending machine” means any mechanical device or contrivance whereby the purchaser is able t…

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 licens…

(1) Nothing in this chapter prohibits the sale by any person of agricultural or garden spray, sheep dip, blue stone, copperas, squirrel poison, fly paper, ant poison, gopher poison, insect powder, poultry vermifuge and arsenic sprays when they are in original unbroken packages, p…

(1) The State Board of Pharmacy shall establish by rule instructions for the disposal of a marijuana item as defined in ORS 475C.009 left behind by individuals visiting retail drug outlets. (2) At a minimum, the instructions established under subsection (1) of this section must: …

(1) As used in this section: (a) “Person who is blind” means a person who is: (A) Visually impaired; (B) Print disabled; or (C) A person who is blind as that term is defined in ORS 346.510. (b) “Prescription reader” means a device that is designed to audibly convey the informatio…

(1) The State Board of Pharmacy shall adopt rules to require that, if a patient is of limited English proficiency and the prescribing practitioner, patient or an authorized representative of the patient so requests, a prescription drug dispensed by a pharmacy bear a label in both…

(1) In a hospital or long term care facility having a pharmacy and employing a pharmacist, the pharmacy and pharmacist are subject to the requirements of this chapter, except that in a hospital when a pharmacist is not in attendance, pursuant to standing orders of the pharmacist,…

The addition of flavoring to a drug intended for dispensation may not be considered compounding if the flavoring: (1) Is inert, nonallergenic and has no effect other than imparting a flavor to the drug or modifying the flavor of the drug; and (2) Does not constitute more than fiv…

(1) The holder of any certificate or license granted under this chapter shall display it conspicuously in the pharmacy or place of business to which it applies. (2) All pharmacist certificates issued by the State Board of Pharmacy shall bear the signatures of all members and offi…

A drug prescribed by a naturopathic physician licensed under ORS chapter 685 in accordance with the formulary established by ORS 685.145 may be dispensed by a licensed pharmacist or an employee of a licensed pharmacist according to the terms of the prescription. The filling of a …

(1) In accordance with rules adopted by the State Board of Pharmacy under ORS 689.205: (a) A pharmacist, or a pharmacy technician under the supervision of a pharmacist, may administer vaccines: (A) To persons who are seven years of age or older; (B) If authorized by the Governor …

(1) The State Board of Pharmacy shall convene a Public Health and Pharmacy Formulary Advisory Committee consisting of seven members, appointed by the Governor, for the purpose of advising the board in promulgating rules under ORS 689.645. The committee shall consist of: (a) Two p…

A pharmacist may administer a drug or device if the pharmacist is acting: (1) Under the direction of or pursuant to a lawful prescription or order issued by a licensed practitioner acting within the scope of the practitioner’s practice; and (2) In accordance with the rules adopte…

(1) A pharmacy may perform the tests and examinations described in subsection (2) of this section if the pharmacy obtains a waiver from the United States Department of Health and Human Services pursuant to 42 C.F.R. 493.35 and complies with the requirements of 42 C.F.R. 493.35, 4…

(1) Consistent with the protocols adopted by the State Board of Pharmacy by rule, as recommended by the Public Health and Pharmacy Formulary Advisory Committee, a pharmacist may test for severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and prescribe, dispense and admi…

(1) In accordance with rules adopted by the State Board of Pharmacy under ORS 689.205, a pharmacist may prescribe and administer injectable hormonal contraceptives and prescribe and dispense self-administered hormonal contraceptives. (2)(a) The board shall adopt rules to establis…

(1) A pharmacist may dispense to a patient, pursuant to a prescription from a practitioner, a prescription drug that is approved by the United States Food and Drug Administration and that contains one or more cannabinoids. (2) The State Board of Pharmacy may adopt rules to carry …

(1) As used in this section: (a) “Insulin” includes various types of insulin analogs and insulin-like medications, regardless of activation period or whether the solution is mixed before or after dispensation. (b) “Insulin-related devices and supplies”: (A) Includes needles, syri…

(1) A pharmacist may prescribe, dispense and administer to a patient medication for the treatment of opioid use disorder in accordance with: (a) A statewide drug therapy management protocol developed, in consultation with a physician with a background in addiction medicine, by th…

(1) As used in this section, “telepharmacy” means the delivery of pharmacy services by a pharmacist, through the use of a variety of electronic and telecommunications technologies, to a patient at a remote location staffed by a pharmacy technician. (2) The pharmacy services for w…

(1) A pharmacist, pharmacy technician or intern, or an individual similarly licensed or otherwise authorized by another state, who is contracted or employed by a pharmacy may access the pharmacy’s electronic database regardless of whether the pharmacist, pharmacy technician or in…

(1) As used in this section, “final verification” means, after prescription information is entered into a pharmacy’s electronic system and reviewed by a pharmacist for accuracy, a physical verification that the drug and drug dosage, device or product selected from a pharmacy’s in…

(1) As used in this section: (a) “HIV test” has the meaning given that term in ORS 433.045. (b) “Post-exposure prophylactic antiretroviral therapy” means a drug or other therapy intended to reduce the likelihood of the acquisition of human immunodeficiency virus following a possi…

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 issued by the State Board of Pharmacy; (2) Volunteered to participate in the Charitable Prescription Drug Program; and (3) Been appr…

(1) There is created in the State Board of Pharmacy the Charitable Prescription Drug Program. The purpose of the program is to distribute donated prescription drugs to needy or uninsured individuals. Participation in the program is voluntary. (2) The program may accept and distri…

The State Board of Pharmacy shall adopt rules to carry out ORS 689.770 to 689.780, including but not limited to: (1) Specifying categories of prescription drugs that the Charitable Prescription Drug Program may not distribute under the program; (2) Prescribing the forms described…

The State Board of Pharmacy shall ensure compliance with ORS 689.770 to 689.780 by: (1) Inspecting the Charitable Prescription Drug Program on a regular basis; and (2) Auditing records required to be maintained by a pharmacy in connection with the program. [2009 c.300 §5]

An individual is eligible to obtain donated prescription drugs through the Charitable Prescription Drug Program created in ORS 689.772 if the individual: (1) Is a resident of this state; and (2)(a) Does not have health insurance coverage for the prescription drug requested; (b) I…

(1) As used in this section, “participant” means: (a) A person who donates a prescription drug to the Charitable Prescription Drug Program; (b) The Charitable Prescription Drug Program; (c) The State Board of Pharmacy; (d) A pharmacist; (e) A drug manufacturer; or (f) A health pr…

(1) As used in this section: (a) “Kit” means a package of one or more doses of a short-acting opioid antagonist and the necessary medical supplies to administer the short-acting opioid antagonist. (b) “Opioid” means a natural, synthetic or semisynthetic chemical that interacts wi…

(1) As used in this section: (a) “Opioid” means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the body and brain to reduce the intensity of pain signals and feelings of pain. (b) “Opioid overdose” means a medical condition t…

(1) For purposes of this section, “social services agency” includes, but is not limited to, homeless shelters and crisis centers. (2) A person may administer to an individual a short-acting opioid antagonist, as defined in ORS 689.800, that was not distributed to the person if: (…

(1) A retail or hospital outpatient pharmacy shall provide written notice in a conspicuous manner that a short-acting opioid antagonist, as defined in ORS 689.800, and the necessary medical supplies to administer the short-acting opioid antagonist are available at the pharmacy. (…

(1) As used in this section, “opioid,” “opioid overdose” and “short-acting opioid antagonist” have the meanings given those terms in ORS 689.800. (2)(a) The Public Health Officer appointed under ORS 431.045, or a physician licensed under ORS chapter 677 who is employed by the Ore…