2007 ORS § 475.135¹
Grounds to grant or deny registration
  • scope of registration
  • effect of federal registration

(1) The State Board of Pharmacy shall register or renew the registration of an applicant to manufacture or dispense controlled substances included in schedules under procedures defined in ORS 475.035 (Authority to control schedule), unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:

(a) Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;

(b) Failure to comply with applicable state or local laws;

(c) Any convictions of the applicant under any federal or state laws relating to any controlled substance;

(d) Past experience in the manufacture, delivery or dispensing of controlled substances and the existence in the applicant’s establishment of effective controls against diversion;

(e) Furnishing by the applicant of false or fraudulent material in any application filed under ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980) to 475.285 (Short title) and 475.840 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1));

(f) Suspension or revocation of the applicant’s federal registration to manufacture, deliver or dispense controlled substances as authorized by federal law; or

(g) Any other factors relevant to and consistent with the public health and safety.

(2) Registration under subsection (1) of this section does not entitle a registrant to manufacture, deliver or dispense controlled substances in Schedule I or II other than those specified in the registration.

(3) Practitioners must be registered to conduct research with controlled substances in Schedules I through V if they are authorized to conduct research under the law of this state. The board need not require separate registration under ORS 475.045 (Exclusions), 475.095 (Rules) and 475.125 (Registration requirements) to 475.185 (When prescriptions required) for practitioners engaging in research with controlled substances in Schedules I through V where the registrant is already registered under ORS 475.045 (Exclusions), 475.095 (Rules) and 475.125 (Registration requirements) to 475.185 (When prescriptions required) in another capacity. Persons with valid registration from the Drug Enforcement Administration for research on controlled substances may conduct research within this state in compliance with other state law upon furnishing the board evidence of that federal registration, and are exempt from state prosecution for possession and distribution of controlled substances to the extent of the registration. Registration under ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980) to 475.285 (Short title) and 475.840 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) does not exempt the registrant from compliance with any other relevant law of this state or the United States, unless such exemption is expressly provided under ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980) to 475.285 (Short title) and 475.840 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)).

(4) Notwithstanding this section, the manufacture, delivery or dispensing of any controlled substance excluded from any medical use by federal law is prohibited, except:

(a) For research authorized under subsection (3) of this section and ORS 475.225 (Education and research); or

(b) As otherwise provided by state or federal law.

(5) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under ORS 475.045 (Exclusions), 475.095 (Rules) and 475.125 (Registration requirements) to 475.185 (When prescriptions required). [1977 c.745 §9; 1979 c.777 §53; 1981 c.666 §5; 1995 c.440 §25]