2007 ORS 689.155¹
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 (Authority to administer vaccines and immunizations) and 689.655 (Authority to flush intravenous lines and to administer drugs and medical devices) 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 (Necessity for poison label), 453.185 (False representation by purchaser prohibited), 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980), 475.135 (Grounds to grant or deny registration) and 475.185 (When prescriptions required) and this chapter and make rules relating to controlled substances, designated as such pursuant to ORS 475.025 and 475.035 (Authority to control schedule).

(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 (Definitions for ORS 453.005 to 453.135) to 453.135 (Notice required prior to institution of criminal proceedings), 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980) and 475.135 (Grounds to grant or deny registration) 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 (Definitions for ORS 683.010 to 683.310) to 683.335 (Report of suspected violation). [1979 c.777 §19; 1985 c.565 §100; 1999 c.350 §4; 2001 c.632 §5]

Chapter 689

Notes of Decisions

Board of Pharmacy had authority to adopt rule making drug ephedrine available by prescrip­tion only. Northwest Connec­tion v. Board of Pharmacy, 108 Or App 320, 814 P2d 191 (1991)

Atty. Gen. Opinions

Authority of board to require retail price list of prescrip­tion drugs, (1975) Vol 37, p 345; hospital policy requiring pharmacy depart­ment to substitute therapeutically equivalent but not generically identical drugs, (1979) Vol 40, p 145; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 689—Pharmacists; Drug Outlets; Drug Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­689.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 689, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­689ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.