ORS 475.135
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 475.752 to 475.980) to 475.285 (Short title) and 475.752 (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 475.095 (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 475.095 (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 475.752 to 475.980) to 475.285 (Short title) and 475.752 (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 475.752 to 475.980) to 475.285 (Short title) and 475.752 (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 475.095 (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; 2011 c.524 §24]

Source: Section 475.135 — Grounds to grant or deny registration; scope of registration; effect of federal registration, https://www.­oregonlegislature.­gov/bills_laws/ors/ors475.­html.

475.005
Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980
475.035
Authority to control schedule
475.055
Publishing of schedules
475.065
Classification of methamphetamine
475.095
Rules
475.101
Immunity for reporting violation
475.125
Registration requirements
475.135
Grounds to grant or deny registration
475.145
Revocation and suspension of registration
475.155
Order to show cause
475.165
Records of registrants
475.175
When order forms required
475.185
When prescriptions required
475.188
Prescription drug orders
475.190
Exception to prescription requirement
475.215
Cooperative arrangements
475.225
Education and research
475.230
Transfer of pseudoephedrine without prescription
475.235
Burden of proof
475.237
Treatment of offense as Class E violation
475.245
Conditional discharge
475.255
Status of penalties
475.265
When prosecution barred
475.275
Uniformity of interpretation
475.285
Short title
475.380
Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger
475.382
Limitation on compliance requirements
475.384
Trade association list of marketed products containing dextromethorphan
475.386
State preemption
475.390
Prohibition on retail sale of nitrous oxide to individual under 18 years of age
475.405
Definitions for ORS 475.405 to 475.495
475.415
Request for cleanup
475.425
Environmental Quality Commission rules
475.435
Authority of director
475.445
Site entry
475.455
Liability of certain persons for cleanup costs
475.465
Liability of state for cleanup
475.475
Department record of costs
475.485
Costs and penalties as lien
475.495
Illegal Drug Cleanup Fund
475.525
Sale of drug paraphernalia prohibited
475.535
Action to enforce ORS 475.525 to 475.565
475.545
Order of forfeiture of paraphernalia
475.555
Seizure of drug paraphernalia
475.565
Civil penalty for violation of ORS 475.525
475.744
Providing hypodermic device to minor prohibited
475.752
Prohibited acts generally
475.754
Affirmative defense to unlawfully possessing pseudoephedrine
475.757
Syringe service program as affirmative defense to unlawful possession of controlled substance
475.806
Unlawful manufacture of hydrocodone
475.808
Unlawful manufacture of hydrocodone within 1,000 feet of school
475.810
Unlawful delivery of hydrocodone
475.812
Unlawful delivery of hydrocodone within 1,000 feet of school
475.814
Unlawful possession of hydrocodone
475.816
Unlawful manufacture of methadone
475.818
Unlawful manufacture of methadone within 1,000 feet of school
475.820
Unlawful delivery of methadone
475.822
Unlawful delivery of methadone within 1,000 feet of school
475.824
Unlawful possession of methadone
475.826
Unlawful manufacture of oxycodone
475.828
Unlawful manufacture of oxycodone within 1,000 feet of school
475.830
Unlawful delivery of oxycodone
475.832
Unlawful delivery of oxycodone within 1,000 feet of school
475.834
Unlawful possession of oxycodone
475.846
Unlawful manufacture of heroin
475.848
Unlawful manufacture of heroin within 1,000 feet of school
475.850
Unlawful delivery of heroin
475.852
Unlawful delivery of heroin within 1,000 feet of school
475.854
Unlawful possession of heroin
475.866
Unlawful manufacture of 3,4-methylenedioxymethamphetamine
475.868
Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
475.870
Unlawful delivery of 3,4-methylenedioxymethamphetamine
475.872
Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
475.874
Unlawful possession of 3,4-methylenedioxymethamphetamine
475.876
Unlawful manufacture of cocaine
475.878
Unlawful manufacture of cocaine within 1,000 feet of school
475.880
Unlawful delivery of cocaine
475.882
Unlawful delivery of cocaine within 1,000 feet of school
475.884
Unlawful possession of cocaine
475.886
Unlawful manufacture of methamphetamine
475.888
Unlawful manufacture of methamphetamine within 1,000 feet of school
475.890
Unlawful delivery of methamphetamine
475.892
Unlawful delivery of methamphetamine within 1,000 feet of school
475.894
Unlawful possession of methamphetamine
475.898
Immunity from drug-related offenses for emergency medical assistance
475.900
Crime category classification
475.902
Directives to Oregon Criminal Justice Commission
475.904
Unlawful manufacture or delivery of controlled substance within 1,000 feet of school
475.906
Penalties for unlawful delivery to minors
475.907
Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors
475.908
Causing another person to ingest a controlled substance
475.910
Application of controlled substance to the body of another person
475.912
Unlawful delivery of imitation controlled substance
475.914
Prohibited acts for registrants
475.916
Prohibited acts involving records and fraud
475.918
Falsifying drug test results
475.920
Providing drug test falsification equipment
475.924
Definitions for ORS 164.061, 475.907, 475.924 and 475.925
475.925
Sentences for certain controlled substance offenses
475.930
Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925
475.934
Sentencing of persons with previous conviction for controlled substance offense
475.935
Presumptive sentences for certain methamphetamine offenses
475.940
Precursor substances described
475.945
Authority and duties of Department of State Police
475.947
Warning notice for precursor substance violation
475.949
Injunctive relief for precursor substance violation
475.950
Failure to report precursor substances transaction
475.955
Failure to report missing precursor substances
475.960
Illegally selling drug equipment
475.962
Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance
475.965
Providing false information on precursor substances report or record
475.967
Possession of precursor substance with intent to manufacture controlled substance
475.969
Unlawful possession of phosphorus
475.971
Unlawful possession of anhydrous ammonia
475.973
Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine
475.975
Unlawful possession of iodine in its elemental form
475.976
Unlawful possession of iodine matrix
475.977
Possessing or disposing of methamphetamine manufacturing waste
475.978
Methyl sulfonyl methane
475.979
Unlawful possession of lithium metal or sodium metal
475.980
Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)
Green check means up to date. Up to date