2015 ORS 689.135¹
General powers of board
  • fees

(1) The State Board of Pharmacy shall exercise the duties, powers and authority necessary to enforce this chapter and to enforce board rules adopted pursuant to this chapter, including but not limited to the following:

(a) Annual printing and circulation of copies of any changes in the laws relating to pharmacy, controlled substances, drugs and poisons and the rules adopted to enforce the laws, and establishment of reasonable charges for the copies.

(b) Appointment of advisory committees.

(2) The board may join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board.

(3) In addition to any statutory requirements, the board may require surety bonds as it deems necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds.

(4) The executive director of the board shall keep the seal of the board and shall affix it only in the manner prescribed by the board.

(5) The board shall determine within 30 days prior to the beginning of each state fiscal year the fees to be collected for:

(a) Examinations and reexaminations.

(b) A pharmacist license.

(c) A pharmacist license acquired through reciprocity.

(d) An intern license.

(e) A duplicate pharmacist certificate.

(f) Late renewal of a pharmacist license.

(g) Certification of an approved provider of continuing education courses.

(h) Registration of a drug outlet other than a pharmacy and renewal of the registration.

(i) Initial registration of a pharmacy or an institutional drug outlet.

(j) Annual renewal of a pharmacy or an institutional drug outlet registration.

(k) Late renewal of a pharmacy or an institutional drug outlet registration.

(L) Registration of a nonprescription drug outlet.

(m) Late renewal of a nonprescription drug outlet registration.

(n) Reinspection.

(o) Late renewal of registration of a drug outlet, other than a pharmacy or an institutional drug outlet.

(6) All moneys received under ORS 435.010 (License required for manufacture or sale of contraceptives) to 435.130 (Jurisdiction over prosecutions) and 453.185 (False representation by purchaser prohibited) and this chapter shall be paid into the State Treasury and placed to the credit of the State Board of Pharmacy Account to be used only for the administration and enforcement of ORS 435.010 (License required for manufacture or sale of contraceptives) to 435.130 (Jurisdiction over prosecutions) and this chapter.

(7) The board may receive and expend funds, in addition to its biennial appropriation, from parties other than the state, provided:

(a) The moneys are awarded for the pursuit of a specific objective that the board is authorized to accomplish by this chapter, or that the board is qualified to accomplish by reason of its jurisdiction or professional expertise;

(b) The moneys are expended for the pursuit of the objective for which they are awarded;

(c) Activities connected with or occasioned by the expenditures of the funds do not interfere with or impair the performance of the board’s duties and responsibilities and do not conflict with the exercise of the board’s powers as specified by this chapter;

(d) The moneys are kept in a separate, special state account; and

(e) Periodic reports are made to the Governor concerning the board’s receipt and expenditure of the moneys.

(8) The board may assign to each drug outlet under its jurisdiction, a uniform state number, coordinated where possible with all other states that adopt the same uniform numbering system.

(9) The board or its authorized representatives shall have the power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules of the board.

(10) The president and vice president of the board may administer oaths in connection with the duties of the board.

(11) The books, registers and records of the board as made and kept by the executive director, or under the supervision of the executive director, subject to the direction of the board, are prima facie evidence of the matter recorded in the books, registers and records, in any court of law.

(12) The board may administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440 (Subpoenas in contested cases), hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

(13)(a) Notwithstanding anything in this chapter to the contrary, whenever a duly authorized representative of the board finds or has probable cause to believe that any drug or device is adulterated, misbranded or a new drug, as defined in Section 201(p) of the Federal Food, Drug and Cosmetic Act, for which there is no approval in effect pursuant to Section 505(b) of the federal Act nor an approved notice of claimed investigational exemption pursuant to Section 505(i) of the federal Act, or otherwise rendered unsafe for use as a result of fire, flood or other natural disaster, the representative shall affix to such drug or device a tag or other appropriate marking giving notice that such article is or is suspected of being adulterated, misbranded, or otherwise rendered unsafe and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until provision for removal or disposal is given by the board, its agent or the court. No person shall remove or dispose of such embargoed drug or device by sale or otherwise without the permission of the board or its agent or, after summary proceedings have been instituted, without permission from the court.

(b) When a drug or device detained or embargoed under paragraph (a) of this subsection has been declared by such representative to be adulterated, misbranded or a new drug, or rendered unsafe, the board shall, as soon as practical thereafter, petition the judge of the circuit court in whose jurisdiction the article is detained or embargoed for an order for condemnation of such article. If the judge determines that the drug or device so detained or embargoed is not adulterated or misbranded or rendered unsafe, the board shall direct the immediate removal of the tag or other marking.

(c) If the court finds the detained or embargoed drug or device is adulterated or misbranded or rendered unsafe, such drug or device, after entry of the judgment, shall be destroyed at the expense of the owner under the supervision of a board representative and all court costs and fees, storage and other proper expense shall be borne by the owner of such drug or device. When the adulteration or misbranding can be corrected by proper labeling or processing of the drug or device, the court, after entry of the judgment and after such costs, fees and expenses have been paid and a good and sufficient bond has been posted, may direct that such drug or device be delivered to the owner thereof for such labeling or processing under the supervision of a board representative. Expense of such supervision shall be paid by the owner. Such bond shall be returned to the owner of the drug or device on representation to the court by the board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid.

(d) It is the duty of the Attorney General to whom the board reports any violation of this subsection to cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Nothing in this subsection shall be construed to require the board to report violations whenever the board believes the public’s interest will be adequately served in the circumstances by a suitable written notice or warning.

(14) Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers and authority in accordance with ORS chapter 183. [1979 c.777 §20; 1981 c.277 §2; 1983 c.402 §2; 1985 c.565 §98; 1987 c.108 §3; 1991 c.460 §9; 1993 c.571 §3; 2001 c.457 §1; 2003 c.576 §543; 2005 c.726 §11; 2011 c.597 §142; 2013 c.514 §7]

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.