Oregon Statutes - Chapter 689 - Pharmacists; Drug Outlets; Drug Sales

• 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,...
• 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  [Amended by 1963 c.586 §1; 1967 c.629 §1; 1969 c.514 §1; 1973 c.743 §1; 1975 c.369 §1; 1975 c.686 §8; 1979 c.785 §7; repealed by 1977 c.842 §2 and 1979 c.777 §59]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,...
• 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...
• 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...
• 689.110   [Amended by 1963 c.586 §2; 1965 c.580 §4; 1967 c.159 §1; 1969 c.514 §2; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 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...
• 689.120   [Amended by 1967 c.159 §2; repealed by 1969 c.514 §57]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...
• 689.130   [Repealed by 1969 c.514 §57]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...
• 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...
• 689.140   [Amended by 1963 c.586 §3; repealed by 1969 c.514 §57]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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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 require the fingerprints of...
• 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]
• 689.215   [1965 c.580 §3; repealed by 1967 c.287 §3]
• 689.220   [Repealed by 1969 c.514 §57]
• 689.225   When license required; exceptions; possession of drugs; regulation of pharmacy technicians; rules; penalty.
  (1) It shall be unlawful for any person to engage in the practice of pharmacy unless licensed to so practice under the provisions of this...
• 689.230   [Amended by 1967 c.287 §2; 1969 c.514 §7; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.235   [1969 c.514 §8; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 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]
• 689.245   [1979 c.777 §18; 1985 c.565 §105; renumbered 689.151 in 1997]
• 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]
• 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: (a) Have submitted a written application...
• 689.260   [Amended by 1969 c.514 §12; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.265   Qualifications for licensure by reciprocity.
  (1) To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall: (a) Have submitted a written application in the form prescribed...
• 689.270   [Amended by 1963 c.586 §5; 1969 c.514 §14; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 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...
• 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]
• 689.285   Continuing pharmacy education; rules; fees.
  (1) The Legislative Assembly finds and declares that: (a) The continuous introduction of new medical agents and the changing concepts of the delivery of health...
• 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]
• 689.305   Registration of drug outlets; rules.
  (1) All drug outlets shall annually register with the State Board of Pharmacy. (2)(a) Each drug outlet shall apply for a certificate of registration in...
• 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]
• 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...
• 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]
• 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...
• 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]
• 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...
• 689.340   [Amended by 1969 c.514 §19; 1973 c.612 §25; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.342   Pharmacy Diversion Program Supervisory Council; appointment; term; compensation and expenses.
  (1) There is established a Pharmacy Diversion Program Supervisory Council consisting of five members appointed by the State Board of Pharmacy for the purpose of...
• 689.344   Program director; duties.
  (1) Subject to approval of the State Board of Pharmacy, the Pharmacy Diversion Program Supervisory Council may appoint a program director to serve at the...
• 689.346   Contract for services to licensees who are chemically dependent; rules.
  The State Board of Pharmacy may enter into contracts to provide services for licensees who are chemically dependent and may, in accordance with ORS chapter...
• 689.348   Referral in addition to or in lieu of disciplinary action.
  (1) In addition to or in lieu of any disciplinary action under ORS 689.405, the State Board of Pharmacy may refer a licensee who is...
• 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]
• 689.352   Records and information confidential; participant not subject to other sanctions.
  (1) All records of the Pharmacy Diversion Program Supervisory Council are confidential and shall not be subject to public disclosure, nor shall the records be...
• 689.354   Civil immunity of board, council, employer and contractors.
  The State Board of Pharmacy, the Pharmacy Diversion Program Supervisory Council and their members, employees and contractors shall be immune from any civil liability arising...
• 689.356   Rules; fees and charges.
  In addition to any other powers granted by ORS 689.342 to 689.356, the State Board of Pharmacy may adopt necessary and proper rules for administration...
• 689.360   [1965 c.580 §8; 1969 c.514 §17; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 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...
• 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]
• 689.413   [1969 c.514 §26; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.415   [1969 c.514 §27; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.420   [Repealed by 1969 c.514 §57]
• 689.423   [1971 c.734 §143; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.425   [1969 c.514 §30; repealed by 1971 c.734 §21]
• 689.430   [Amended by 1969 c.514 §29; repealed by 1971 c.734 §21]
• 689.435   [1971 c.734 §144; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.440   [Repealed by 1969 c.514 §57]
• 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...
• 689.450   [Amended by 1969 c.514 §47; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.455   Report of suspected violations; liability for reporting; confidentiality of report.
  (1) A pharmacist or pharmacy technician shall report to the State Board of Pharmacy any suspected violations of this chapter or of ORS 475.005 to...
• 689.460   [1973 c.743 §11; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.475   [1967 c.636 §2; 1969 c.514 §32; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.480   [1967 c.636 §3; 1969 c.514 §33; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.485   [1967 c.636 §4; 1969 c.514 §34; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.486   When license required; qualifications for licensure; renewal; supervision required.
  (1) It shall be unlawful for any person to perform the duties of a pharmacy technician or use the title of pharmacy technician unless licensed...
• 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...
• 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...
• 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,...
• 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....
• 689.505   Labeling requirements; rules.
  (1)(a) Except as specifically provided by law, no person shall distribute or dispense any drug without affixing to the authorized container a clear and legible...
• 689.508   Prescription records.
  The original record of every prescription filled by a pharmacy must be kept on file at the pharmacy. The prescription record must contain the date...
• 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]
• 689.515   Regulation of generic drugs; substitutions; rules.
  (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...
• 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]
• 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...
• 689.530   [Amended by 1969 c.514 §36; 1977 c.688 §2; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.535   [1979 c.777 §37; 1981 c.217 §1; 1985 c.565 §111; repealed by 2003 c.102 §2]
• 689.540   [Amended by 1969 c.514 §37; 1977 c.688 §3; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.545   [1979 c.249 §1; 1981 c.388 §2; repealed by 2003 c.102 §2]
• 689.550   [Amended by 1965 c.466 §1; 1967 c.291 §3; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.555   Agricultural drugs, nonprescription drugs and certain other substances.
  (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,...
• 689.560   [Amended by 1969 c.514 §42; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.565   [1999 c.874 §§1,2,3,4; repealed by 2007 c.272 §13]
• 689.565   Discounts from pharmacies for prescription drug purchases; requirements; limitations; actions for violations; remedies.
  (1) A person shall not sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device that is not insurance that...
• 689.570   [Amended by 1969 c.514 §40; 1973 c.829 §69; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.580   [Amended by 1969 c.514 §45; repealed by 1973 c.743 §9 and by 1973 c.829 §71]
• 689.590   [Amended by 1965 c.580 §9; 1969 c.514 §44; 1973 c.427 §35; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.595   [1969 c.514 §43; repealed by 1973 c.427 §36 (689.596 enacted in lieu of 689.595)]
• 689.596   [1973 c.427 §37 (enacted in lieu of 689.595); repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.600   [Amended by 1969 c.514 §39; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.605   Authority to dispense drugs from hospital pharmacies, drug rooms and penal institutions; rules.
  (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...
• 689.610   [Amended by 1969 c.514 §41; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.615   Display of certificate or license.
  (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...
• 689.620   [Amended by 1965 c.545 §4; 1969 c.514 §38; 1973 c.697 §10; 1975 c.686 §10; 1977 c.745 §45; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.625   [1975 c.686 §12; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.630   [Repealed by 1965 c.46 §1]
• 689.635   Dispensing according to naturopathic formulary; effect of filling prescription of naturopath.
  The dispensing of plant and animal substances prescribed by a naturopathic physician licensed under ORS chapter 685 in accordance with the formulary established by this...
• 689.640   [Repealed by 1969 c.514 §57]
• 689.645   Authority to administer vaccines and immunizations; Immunization and Vaccination Advisory Committee; rules.
  (1) In accordance with rules adopted by the State Board of Pharmacy under ORS 689.205, a pharmacist may administer: (a) Vaccines and immunizations to persons...
• 689.650   [1965 c.545 §6; 1969 c.314 §90; 1969 c.514 §31; repealed by 1973 c.697 §21]
• 689.655   Authority to flush intravenous lines and to administer drugs and medical devices; rules; limitations.
  (1) Only as provided in this section and in accordance with rules adopted by the State Board of Pharmacy under ORS 689.205, a pharmacist may:...
• 689.660   [1965 c.545 §7; 1971 c.650 §40; 1971 c.734 §141; 1973 c.697 §8; repealed by 1977 c.745 §54 and 1977 c.842 §45]
• 689.665   [1975 c.369 §§3,5; 1979 c.785 §10; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.670   [1975 c.686 §2; repealed by 1977 c.842 §43 and 1979 c.777 §59]
• 689.675   [1975 c.686 §3; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.680   [1975 c.686 §4; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.685   [1975 c.686 §5; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.690   [1975 c.686 §6; repealed by 1979 c.777 §59]
• 689.695   [1975 c.686 §7; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.705   [1955 c.326 §1; 1967 c.260 §1; repealed by 1969 c.514 §57]
• 689.710   [1955 c.326 §2; repealed by 1969 c.514 §57]
• 689.715   [1955 c.326 §3; 1967 c.345 §1; repealed by 1969 c.514 §57]
• 689.720   [1955 c.326 §4; 1957 c.350 §1; 1963 c.96 §7; 1967 c.183 §7; 1969 c.514 §21; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.725   [1955 c.326 §5; 1969 c.514 §28; 1973 c.743 §7; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.730   [1955 c.326 §6; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.735   [1955 c.326 §7; 1969 c.514 §22; renumbered 689.810]
• 689.740   [1955 c.326 §8; 1969 c.514 §23; renumbered 689.815]
• 689.745   [1955 c.326 §9; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.750   [1955 c.326 §10; 1969 c.514 §24; repealed by 1977 c.842 §45 and 1979 c.777 §59]
• 689.755   [1955 c.326 §11; repealed by 1969 c.514 §57]
• 689.760   [1955 c.326 §12; repealed by 1969 c.514 §57]
• 689.765   Prohibited practices; complimentary samples; rules.
  (1) No drugs shall be dispensed to the public by means of automatic vending machines. (2) As used in this section, “automatic vending machine” means...
• 689.805   [1969 c.514 §49; repealed by 1979 c.777 §59]
• 689.810   [Formerly 689.735; 1979 c.744 §62; repealed by 1979 c.777 §59]
• 689.815   [Formerly 689.740; 1975 c.484 §1; repealed by 1979 c.777 §59]
• 689.825   [1973 c.533 §2; 1975 c.369 §2; 1979 c.785 §11; repealed by 1979 c.777 §59]
• 689.830   [1975 c.218 §2; repealed by 1979 c.777 §59]
• 689.832   Civil penalties.
  (1) In addition to any other liability or penalty provided by law, the State Board of Pharmacy may impose a civil penalty for any violation...
• 689.835   [1975 c.218 §3; 1979 c.785 §12; repealed by 1979 c.777 §59]
• 689.837   [1981 c.217 §4; repealed by 1993 c.571 §30]
• 689.840   [1975 c.218 §4; repealed by 1979 c.777 §59]
• 689.842   [1981 c.217 §5; repealed by 1993 c.571 §30]
• 689.845   [1975 c.218 §6; 1979 c.785 §13; repealed by 1979 c.777 §59]
• 689.847   [1981 c.217 §6; 1989 c.706 §23; repealed by 1991 c.734 §122]
• 689.850   [1975 c.218 §5; repealed by 1979 c.777 §59]
• 689.852   [1981 c.217 §7; 1991 c.734 §78; repealed by 1993 c.571 §30]
• 689.854   Civil penalty for violation of ORS 689.515.
  (1) In addition to all other penalties provided by law every person who violates ORS 689.515 or any rule adopted thereunder may incur a civil...
• 689.855   [Formerly 453.310; repealed by 1979 c.777 §59]
• 689.857   [1981 c.217 §8; 1991 c.734 §79; subsection (2) formerly part of 689.515; repealed by 1993 c.571 §30]
• 689.860   [Formerly 453.320; repealed by 1979 c.777 §59]
• 689.865   [Formerly 453.020; 1973 c.743 §8; 1975 c.218 §7; 1979 c.785 §14; repealed by 1979 c.777 §59]
• 689.880   [1977 c.611 §3; repealed by 1979 c.777 §59]
• 689.885   [1977 c.611 §2; repealed by 1979 c.777 §59]
• 689.890   [1977 c.611 §4; repealed by 1979 c.777 §59]
• 689.895   [1977 c.255 §2; 1979 c.249 §2; repealed by 1979 c.777 §59]
• 689.990   [Subsection (12) of 1965 Replacement Part enacted as 1955 c.326 §13; 1967 c.158 §1; 1969 c.514 §54; repealed by 1979 c.777 §59]
• 689.992   [Repealed by 1967 c.158 §2]
• 689.995   Criminal penalties.
  (1) Violation of any provision of this chapter or of any rule of the State Board of Pharmacy is a misdemeanor. (2) Failure to comply...

Last modified: August 7, 2008