US Laws, Codes, Statutes & Cases

Chapter 689 — Pharmacists; Drug Outlets; Drug Sales

 

2007 EDITION

 

PHARMACISTS; DRUG OUTLETS; DRUG SALES

 

OCCUPATIONS AND PROFESSIONS

 

GENERAL PROVISIONS

 

689.005     Definitions

 

689.015     “Practice of pharmacy” defined

 

689.025     Policy; purpose

 

689.035     Short title

 

689.045     Severability

 

STATE BOARD OF PHARMACY

 

689.115     Membership; qualifications; appointment; vacancy

 

689.125     Term of office; removal

 

689.135     General powers of board; fees

 

689.139     State Board of Pharmacy Account; disposition of receipts

 

689.145     Enforcement powers of board

 

689.151     Board control over licensing, standards and discipline

 

689.153     Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate

 

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

 

689.165     Officers; executive director

 

689.175     Compensation of board members and executive director

 

689.185     Meetings

 

689.195     Employees

 

689.205     Rulemaking

 

689.207     Authority of board to require fingerprints

 

PRACTICE OF PHARMACY

 

689.225     When license required; exceptions; possession of drugs; regulation of pharmacy technicians; rules; penalty

 

689.255     Qualifications for licensure by examination

 

689.265     Qualifications for licensure by reciprocity

 

689.275     Renewal of licenses; rules; fees

 

689.285     Continuing pharmacy education; rules; fees

 

REGULATION OF DRUG OUTLETS

 

689.305     Registration of drug outlets; rules

 

689.315     Application; rules

 

689.325     Required reports

 

689.335     Certificate required; reinstatement

 

DIVERSION PROGRAM

 

689.342     Pharmacy Diversion Program Supervisory Council; appointment; term; compensation and expenses

 

689.344     Program director; duties

 

689.346     Contract for services to licensees who are chemically dependent; rules

 

689.348     Referral in addition to or in lieu of disciplinary action

 

689.352     Records and information confidential; participant not subject to other sanctions

 

689.354     Civil immunity of board, council, employer and contractors

 

689.356     Rules; fees and charges

 

DISCIPLINE

 

689.405     Grounds for discipline; investigation; procedure as contested case

 

689.445     Penalties and reinstatement

 

689.455     Report of suspected violations; liability for reporting; confidentiality of report

 

PHARMACY TECHNICIANS

 

689.486     When license required; qualifications for licensure; renewal; supervision required

 

689.490     Board to establish licensing system; rules; fees

 

689.495     Provision of licensing information

 

689.497     Report required upon termination of pharmacy technician

 

689.499     Pharmacy technician specialized education program; rules

 

REQUIREMENTS RELATING TO SALES

 

689.505     Labeling requirements; rules

 

689.508     Prescription records

 

689.515     Regulation of generic drugs; substitutions; rules

 

689.525     Out-of-state prescriptions

 

689.555     Agricultural drugs, nonprescription drugs and certain other substances

 

MISCELLANEOUS

 

689.605     Authority to dispense drugs from hospital pharmacies, drug rooms and penal institutions; rules

 

689.615     Display of certificate or license

 

689.635     Dispensing according to naturopathic formulary; effect of filling prescription of naturopath

 

689.645     Authority to administer vaccines and immunizations; Immunization and Vaccination Advisory Committee; rules

 

689.655     Authority to flush intravenous lines and to administer drugs and medical devices; rules; limitations

 

PROHIBITED PRACTICES

 

689.765     Prohibited practices; complimentary samples; rules

 

PENALTIES

 

689.832     Civil penalties

 

689.854     Civil penalty for violation of ORS 689.515

 

689.995     Criminal penalties

 

GENERAL PROVISIONS

 

      689.005 Definitions. As used in this chapter:

      (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 authorized agent thereof; or

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

      (2) “Approved continuing pharmacy education program” means those seminars, classes, meetings, workshops and other educational programs on the subject of pharmacy approved by the board.

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

      (4) “Continuing pharmacy education” means professional, pharmaceutical post-graduate education in the general areas of socio-economic and legal aspects of health care; the properties and actions of drugs and dosage forms; and the etiology, characteristics and therapeutics of the disease state.

      (5) “Continuing pharmacy education unit” means the unit of measurement of credits for approved continuing education courses and programs.

      (6) “Deliver” or “delivery” means the actual, constructive or attempted transfer of a drug or device other than by administration from one person to another, whether or not for a consideration.

      (7) “Device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist.

      (8) “Dispense” or “dispensing” means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.

      (9) “Distribute” means the delivery of a drug other than by administering or dispensing.

      (10) “Drug” means:

      (a) Articles recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, other drug compendium or any supplement to any of them;

      (b) Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in a human or other animal;

      (c) Articles (other than food) intended to affect the structure or any function of the body of humans or other animals; and

      (d) Articles intended for use as a component 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 device issued and signed by a practitioner, or an order transmitted by other means of communication from a practitioner, that is immediately reduced to writing by a pharmacist, licensed nurse or other practitioner.

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

      (13) “Drug room” means a secure and lockable location within an inpatient care facility that does not have a licensed pharmacy.

      (14) “Electronically transmitted” or “electronic transmission” means a communication sent or received through technological apparatuses, including computer terminals or other equipment or mechanisms linked by telephone or microwave relays, or any similar apparatus having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      (15) “Institutional drug outlet” means hospitals and inpatient care facilities where medications are dispensed to another health care professional for administration to patients served by the hospitals or facilities.

      (16) “Intern” means any person who has completed the junior or third academic year of a course of study at an approved college of pharmacy and is licensed with the board as an intern.

      (17) “Internship” means a professional and practical experience program approved by the board under the supervision of a licensed pharmacist registered with the board as a preceptor.

      (18) “Itinerant vendor” means all persons who sell or otherwise distribute nonprescription drugs by passing from house to house, or by haranguing the people on the public streets or in public places, or who use the customary devices for attracting crowds and therewith recommending their wares and offering them for sale.

      (19) “Labeling” means the process of preparing and affixing of a label to any drug container exclusive, however, of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and state law or regulation.

      (20) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substances or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a drug by an individual for their own use or the preparation, compounding, packaging or labeling of a drug:

      (a) By a practitioner as an incident to administering or dispensing of a drug in the course of professional practice; or

      (b) By a practitioner or by the practitioner’s authorization under supervision of the practitioner for the purpose of or as an incident to research, teaching or chemical analysis and not for sale.

      (21) “Manufacturer” means a person engaged in the manufacture of drugs.

      (22) “Nonprescription drug outlet” means shopkeepers and itinerant vendors registered under ORS 689.305.

      (23) “Nonprescription drugs” means drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this state and the federal government.

      (24) “Person” means an individual, corporation, partnership, association or any other legal entity.

      (25) “Pharmacist” means an individual licensed by this state to engage in the practice of pharmacy.

      (26) “Pharmacy” means a place that meets the requirements of rules of the board, is licensed and approved by the board where the practice of pharmacy may lawfully occur and includes apothecaries, drug stores, dispensaries, hospital outpatient pharmacies, pharmacy departments and prescription laboratories but does not include a place used by a manufacturer or wholesaler.

      (27) “Pharmacy technician” means a person licensed by the State Board of Pharmacy who assists the pharmacist in the practice of pharmacy pursuant to rules of the board.

      (28) “Practitioner” means a person licensed and operating within the scope of such license to prescribe, dispense, conduct research with respect to or administer drugs in the course of professional practice or research:

      (a) In this state; or

      (b) In another state or territory of the United States not residing in Oregon and registered under the federal Controlled Substances Act.

      (29) “Preceptor” means a pharmacist licensed and in good standing, registered by the board to supervise the internship training of a licensed intern.

      (30) “Prescription drug” or “legend drug” means a drug which is:

      (a) Required by federal law, prior to being dispensed or delivered, to be labeled with either of the following statements:

      (A) “Caution: Federal law prohibits dispensing without prescription”; or

      (B) “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian”; or

      (b) Required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners only.

      (31) “Prescription” or “prescription drug order” means a written, oral or electronically transmitted direction, given by a practitioner authorized to prescribe drugs, for the preparation and use of a drug. When the context requires, “prescription” also means the drug prepared under such written, oral or electronically transmitted direction.

      (32) “Retail drug outlet” means a place used for the conduct of the retail sale, administering or dispensing or compounding of drugs or chemicals or for the administering or dispensing of prescriptions and licensed by the board as a place wherein the practice of pharmacy may lawfully occur.

      (33) “Shopkeeper” means a business or other establishment, open to the general public, for the sale or nonprofit distribution of drugs.

      (34) “Unit dose” means a sealed single-unit container so designed that the contents are administered to the patient as a single dose, direct from the container. Each unit dose container must bear a separate label, be labeled with the name and strength of the medication, the name of the manufacturer or distributor, an identifying lot number and, if applicable, the expiration date of the medication.

      (35) “Wholesale drug outlet” means any person who imports, stores, distributes or sells for resale any drugs including legend drugs and nonprescription drugs.

      (36) “Class I wholesaler” means any person operating or maintaining a wholesale distribution center, wholesale business or any other business in which drugs, medicinal chemicals, or poisons are sold, dispensed, stocked, exposed or offered for sale at wholesale to a pharmacy or other legally licensed drug outlets or persons.

      (37) “Class II wholesaler” means any person operating or maintaining a wholesale distribution center, wholesale business or any other business in which nonprescription drugs are offered for sale at wholesale to a drug outlet legally authorized to resell. [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]

 

      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 “Practice of pharmacy” defined. The “practice of pharmacy” means the interpretation and evaluation of prescription orders; the compounding, dispensing, labeling of drugs and devices (except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices); the administering of vaccines and immunizations pursuant to ORS 689.645; the administering of drugs and devices to the extent permitted under ORS 689.655; the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records therefor; the responsibility for advising, where necessary or where regulated, of therapeutic values, content, hazards and use of drugs and devices; the monitoring of therapeutic response or adverse effect to drug therapy; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of pharmacy. [1979 c.777 §4; 1999 c.350 §3]

 

      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.

      (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 distribution of drugs, medications, devices and such other materials as may be used in the diagnosis and treatment of injury, illness and disease. [1979 c.777 §§2,3; 1985 c.565 §95; 2007 c.438 §1]

 

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

 

      689.045 Severability. If any provision of ORS 167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.840, 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, 475.840, 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, 475.840, 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, 475.840, 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]

 

      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.

 

      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]

 

STATE BOARD OF PHARMACY

 

      689.115 Membership; qualifications; appointment; vacancy. (1) The State Board of Pharmacy shall consist of seven members, two of whom shall be representatives of the public, and the remaining five of whom shall be licensed pharmacists. The members shall possess the qualifications specified in subsections (2) and (3) of this section.

      (2) The public members of the State Board of Pharmacy shall be residents of this state who have attained the age of majority and shall not be nor shall they ever have been a member of the profession of pharmacy, or persons who have any immediate family in the profession of pharmacy or persons who have ever had any material financial interest in the providing of pharmacy service or who have engaged in any activity directly related to the practice of pharmacy.

      (3) The licensed pharmacist members of the board shall at the time of their appointment:

      (a) Be residents of this state;

      (b) Be licensed and in good standing to engage in the practice of pharmacy in this state;

      (c) Be engaged in the practice of pharmacy in this state; and

      (d) Have five years of experience in the practice of pharmacy in this state after licensure.

      (4) The Governor shall appoint the members of the State Board of Pharmacy, subject to the advice and consent of the Senate, and in accordance with the other provisions of subsection (5) of this section.

      (5) At least five recommendations for appointment to each vacancy on the board may be made to the Governor by a task force assembled by the Oregon State Pharmacists Association to represent all of the interested pharmacy groups. Such nominations shall be recommendations only and shall not be binding in any manner upon the Governor.

      (6) Any vacancy which occurs in the membership of the board for any reason, including expiration of term, removal, resignation, death, disability or disqualification, shall be filled by the Governor in the manner prescribed by subsections (4) and (5) of this section. The Governor shall fill vacancies which occur by expiration of full terms within 90 days prior to each date of expiration, and shall fill vacancies which occur for any other reason within 60 days after each such vacancy occurs. [1979 c.777 §§7,8,9,11; 1987 c.108 §2]

 

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

 

      689.125 Term of office; removal. (1) Except as provided in subsection (2) of this section, members of the State Board of Pharmacy shall be appointed for a term of four years, except that members of the board who are appointed to fill vacancies which occur prior to the expiration of a former member’s full term shall serve the unexpired portion of such term.

      (2)(a) The terms of the members of the board shall be staggered, so that the terms of no more than two members shall expire in any year.

      (b) The present members of the board shall serve the balance of their terms.

      (c) Any present board member appointed initially for a term of less than four years shall be eligible to serve for two additional full terms.

      (3) No member of the board shall serve more than two consecutive full terms. The completion of the unexpired portion of a full term shall not constitute a full term for purposes of this section.

      (4) An appointee to a full term on the board shall be appointed by the Governor before the expiration of the terms of the member being succeeded, and shall become a member of the board on the first day of the state fiscal year next following the appointment. Appointees to unexpired portions of full terms shall become members of the board on the day next following such appointment. In the event the number of board members is increased, the term of any new member shall commence at such time as is designated in the statute providing for the enlargement of the board.

      (5) Each term of office on the board shall expire at midnight on the last day of the state fiscal year in the final year of the board member’s term or on the date the successor is appointed and qualified, except for Senate confirmation, whichever shall later occur.

      (6) The Governor may remove a member of the board, pursuant to the procedures set forth in subsection (7) of this section upon one or more of the following grounds:

      (a) The refusal or inability for any reason of a board member to perform the duties of a member of the board in an efficient, responsible and professional manner;

      (b) The misuse of office by a member of the board to obtain personal, pecuniary or material gain or advantage for self or for another through such office; or

      (c) The violation by any member of this chapter or any of the rules adopted hereunder.

      (7) The procedures shall be as stated in ORS chapter 183 to remove a member of the board from office for any of the grounds specified by subsection (6) of this section. [1979 c.777 §§10,12; 1985 c.565 §97]

 

      689.130 [Repealed by 1969 c.514 §57]

 

      689.135 General powers of board; fees. (1) The State Board of Pharmacy shall have such other duties, powers and authority as may be necessary to the enforcement of this chapter and to the enforcement of board rules made pursuant thereto, which shall include, but are not limited to, the following:

      (a) Cause to have printed and circulated annually copies of any changes in the laws relating to pharmacy, controlled substances, drugs and poisons and the rules adopted to enforce such laws, and set reasonable charges therefor.

      (b) Appoint advisory committees.

      (2) The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board.

      (3) In addition to any statutory requirements, the board may require such surety bonds as it deems necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds.

      (4) The executive director of the board shall keep the seal of the board and shall affix it only in such manner as may be prescribed by the board.

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

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

      (b) Pharmacist licenses, which fee shall not exceed $250.

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

      (d) Intern license, which fee shall not exceed $50.

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

      (f) Pharmacist license, delinquent renewal fee, which fee shall not exceed $50.

      (g) Certification of approved providers of continuing education courses, which fee shall not exceed $300.

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

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

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

      (k) Pharmacy or institutional drug outlet delinquent renewal fee, which fee shall not exceed $200.

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

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

      (n) Reinspection fee, which fee shall not exceed $100.

      (o) Drug outlets, other than pharmacies or institutional drug outlets, delinquent renewal fee, which fee shall not exceed $100.

      (6) All moneys collected either as costs or fines under ORS 435.010 to 435.130, 453.175, 453.185 and 453.990 and this chapter shall be paid by the magistrate or other officer receiving them to the treasurer of the county where the prosecution is conducted. These moneys shall be applied, first, to the payment of the costs of such prosecution. The remainder shall be paid by the county treasurer into the State Treasury and, in the case of:

      (a) All moneys except criminal fines, placed to the credit of the State Board of Pharmacy Account established in ORS 689.139 to be used only for the administration and enforcement of ORS 435.010 to 435.130 and this chapter.

      (b) Criminal fines, placed to the credit of the Criminal Fine and Assessment Account.

      (7) Except as provided in subsection (6) of this section, all moneys received under ORS 435.010 to 435.130, 453.185 and 453.990 and this chapter shall be paid into the State Treasury and placed to the credit of the State Board of Pharmacy Account to be used only for the administration and enforcement of ORS 435.010 to 435.130 and this chapter.

      (8) The board may receive and expend funds, in addition to its biennial appropriation, from parties other than the state, provided:

      (a) Such moneys are awarded for the pursuit of a specific objective which the board is authorized to accomplish by this chapter, or which the board is qualified to accomplish by reason of its jurisdiction or professional expertise;

      (b) Such moneys are expended for the pursuit of the objective for which they are awarded;

      (c) Activities connected with or occasioned by the expenditures of such funds do not interfere with or impair the performance of the board’s duties and responsibilities and do not conflict with the exercise of the board’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 Governor concerning the board’s receipt and expenditure of such moneys.

      (9) The board may assign to each drug outlet under its jurisdiction, a uniform state number, coordinated where possible with all other states which adopt the same uniform numbering system.

      (10) The board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules of the board.

      (11) The president and vice president of the board may administer oaths in connection with the duties of the board.

      (12) The books, registers and records of the board as made and kept by the executive director or under the supervision of the executive director, subject to the direction of the board, shall be prima facie evidence of the matter recorded therein, in any court of law.

      (13) The board may administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

      (14)(a) Notwithstanding anything in this chapter to the contrary, whenever a duly authorized representative of the board finds or has probable cause to believe that any drug or device is adulterated, misbranded or a new drug, as defined in Section 201(p) of the Federal Food, Drug and Cosmetic Act, for which there is no approval in effect pursuant to Section 505(b) of the federal Act nor an approved notice of claimed investigational exemption pursuant to Section 505(i) of the federal Act, or otherwise rendered unsafe for use as a result of fire, flood or other natural disaster, the representative shall affix to such drug or device a tag or other appropriate marking giving notice that such article is or is suspected of being adulterated, misbranded, or otherwise rendered unsafe and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until provision for removal or disposal is given by the board, its agent or the court. No person shall remove or dispose of such embargoed drug or device by sale or otherwise without the permission of the board or its agent or, after summary proceedings have been instituted, without permission from the court.

      (b) When a drug or device detained or embargoed under paragraph (a) of this subsection has been declared by such representative to be adulterated, misbranded or a new drug, or rendered unsafe, the board shall, as soon as practical thereafter, petition the judge of the circuit court in whose jurisdiction the article is detained or embargoed for an order for condemnation of such article. If the judge determines that the drug or device so detained or embargoed is not adulterated or misbranded or rendered unsafe, the board shall direct the immediate removal of the tag or other marking.

      (c) If the court finds the detained or embargoed drug or device is adulterated or misbranded or rendered unsafe, such drug or device, after entry of the judgment, shall be destroyed at the expense of the owner under the supervision of a board representative and all court costs and fees, storage and other proper expense shall be borne by the owner of such drug or device. When the adulteration or misbranding can be corrected by proper labeling or processing of the drug or device, the court, after entry of the judgment and after such costs, fees and expenses have been paid and a good and sufficient bond has been posted, may direct that such drug or device be delivered to the owner thereof for such labeling or processing under the supervision of a board representative. Expense of such supervision shall be paid by the owner. Such bond shall be returned to the owner of the drug or device on representation to the court by the board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid.

      (d) It is the duty of the Attorney General to whom the board reports any violation of this subsection to cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Nothing in this subsection shall be construed to require the board to report violations whenever the board believes the public’s interest will be adequately served in the circumstances by a suitable written notice or warning.

      (15) Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers and authority in accordance with 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]

 

      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]

 

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

 

      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]

 

      689.150 [Amended by 1969 c.514 §46; repealed by 1977 c.842 §45 and 1979 c.777 §59]

 

      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:

      (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 on nationally recognized standards of practice and accreditation criteria for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training, including internship;

      (4) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state, and the suspension, revocation or restriction of licenses to engage in the practice of pharmacy;

      (5) The training, qualifications and employment of pharmacy interns; and

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

 

      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]

 

      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:

      (1) 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 be detrimental to the public health and welfare by the board after appropriate hearing as required under ORS chapter 183.

      (2) The specifications of minimum professional and technical equipment, environment, supplies and procedures for the compounding, administering and dispensing of such medications, drugs, devices and other materials within the practice of pharmacy and any drug outlet.

      (3) The control of the purity and quality of such medications, drugs, devices and other materials within the practice of pharmacy and any drug outlet.

      (4) The issuance and renewal of certificates of registration of drug outlets for purposes of ascertaining those persons engaged in the manufacture and distribution of drugs, receiving and collecting annual fees therefrom and suspending, revoking or refusing to renew such registration in the manner provided in this chapter.

      (5) In conjunction with the regularly constituted law enforcement agencies of this state, enforce all laws of the state which pertain to the practice of pharmacy, the manufacture, production, sale or distribution of drugs, chemicals and poisons, and to their standard of strength and purity.

      (6) Investigate all complaints of alleged violations of this chapter and take necessary action as the board may require or direct.

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

      (8) At all reasonable hours, in performance of the duties imposed by this section, enter, or cause its authorized representatives to enter upon, and examine the premises or records required by law of any drug outlet under the jurisdiction of the board.

      (9) Assist the regularly constituted law enforcement agencies of this state in enforcing ORS 453.005 to 453.135, 475.005 and 475.135 and this chapter by prosecution in the courts of this state or otherwise.

      (10) Cause to have made a regular inspection of all pharmacies.

      (11) Pursuant to ORS chapter 183, make such rules as are necessary for pharmacies, drug manufacturers and wholesalers to sell or otherwise lawfully distribute designated pharmaceutical agents to licensed optometrists consistent with the provisions of ORS 683.010 to 683.335. [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 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.

      (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 board shall employ a licensed pharmacist who shall be an ex officio member of the board without vote to serve as a full-time employee of the board in the position of executive director. The executive director shall be responsible for the performance of the regular administrative functions of the board and such other duties as the board may direct. The executive director shall not perform any discretionary or decision-making functions for which the board is solely responsible. [1979 c.777 §13; 1985 c.565 §101]

 

      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 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.

      (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 to applicable law and to the rules of the Oregon Department of Administrative Services. [1979 c.777 §14]

 

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

 

      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.

      (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 of the board shall be given in the manner and pursuant to requirements prescribed by the state’s applicable rules.

      (4) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by ORS 167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.840, 475.906 and 616.855 and this chapter, or by any rule of the board, all actions of the board shall be by a majority of a quorum.

      (5) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public. [1979 c.777 §15; 1999 c.605 §7; 1999 c.1051 §138]

 

      689.195 Employees. (1) The State Board of Pharmacy may, in its discretion, employ persons in addition to the executive director in such other 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.

      (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. [1979 c.777 §16; 1985 c.565 §102]

 

      689.205 Rulemaking. 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]

 

      689.207 Authority of board to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the State Board of Pharmacy may