2015 ORS 689.115¹
Membership
  • qualifications
  • term
  • vacancy
  • compensation

(1) The State Board of Pharmacy consists of nine members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation). All members of the board must be residents of this state. Of the members of the board:

(a) Five must be licensed pharmacists.

(b) Two must be licensed pharmacy technicians.

(c) Two must be members of the public who are not licensed pharmacists or a spouse, domestic partner, child, parent or sibling of a pharmacist.

(2)(a) Board members required to be licensed pharmacists may be selected by the Governor from a list of three to five nominees for each vacancy, submitted by a task force assembled by the Oregon State Pharmacy Association to represent all of the interested pharmacy groups.

(b) The licensed pharmacy technician members of the board must, at the time of appointment:

(A) Be licensed and in good standing to perform the duties of a pharmacy technician in this state;

(B) Be engaged in the performance of the duties of a pharmacy technician in this state; and

(C) Have at least three years of experience in performing the duties of a pharmacy technician in this state after licensure.

(c) The public members of the State Board of Pharmacy must be individuals who:

(A) Have attained the age of majority;

(B) Are not current or former members of the profession of pharmacy;

(C) Do not have and have never had any material financial interest in the providing of pharmacy service; and

(D) Have not engaged in any activity directly related to the practice of pharmacy.

(d) The licensed pharmacist members of the board must at the time of their appointment:

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

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

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

(e) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to:

(A) Geographic areas of this state; and

(B) Ethnic group.

(3)(a) The term of office of each member is four years, but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. A member is eligible for reappointment. 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, for the unexpired term.

(b) A board member shall be removed immediately from the board if, during the members term, the member:

(A) Is not a resident of this state;

(B) Has been absent from three consecutive board meetings, unless at least one absence is excused;

(C) Is not a licensed pharmacist or a retired pharmacist who was a licensed pharmacist in good standing at the time of retirement, if the board member was appointed to serve on the board as a pharmacist; or

(D) Ceases to be a licensed pharmacy technician, if the board member was appointed to serve on the board as a pharmacy technician.

(4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions). The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions). [1979 c.777 §§7,8,9,11; 1987 c.108 §2; 2009 c.535 §29; 2015 c.284 §1]

Note: Section 2, chapter 284, Oregon Laws 2015, provides:

Sec. 2. The Governor shall appoint the licensed pharmacy technicians as required under ORS 689.115 (Membership) (1)(b), as amended by section 1 of this 2015 Act, to the State Board of Pharmacy for terms beginning on January 1, 2016. [2015 c.284 §2]

Atty. Gen. Opinions

Under Former Similar Statute

Authority of board to require retail price list of prescrip­tion drugs, (1975) Vol 37, p 345

Law Review Cita­tions

Under Former Similar Statute

51 OLR 698, 710 (1972)

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/­ors689.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 689, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano689.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.