ORS 689.527
Prohibited practices

  • rules

(1)

Except as approved by rule by the State Board of Pharmacy, a person may not dispense drugs to the public by means of automatic vending machines.

(2)

As used in this section, “automatic vending machine” means any mechanical device or contrivance whereby the purchaser is able to secure drugs.

(3)

A person may not adulterate for the purpose of sale any drug in such manner as to render it injurious to health, or knowingly sell or offer for sale any adulterated drug.

(4)

A person may not manufacture, compound or sell or offer for sale or cause to be manufactured, compounded, sold or offered for sale any drug, compound or preparation for internal or external use under or by a name recognized in the United States Pharmacopoeia, Homeopathic Pharmacopoeia or National Formulary which differs from the standard of strength and purity specified therein as official at the time of manufacture, compounding, sale or offering for sale.

(5)

A person may not manufacture, compound, sell or offer for sale, or cause to be manufactured, sold or offered for sale, any drug, the strength and purity of which falls below the professed standard of strength and purity under which it is sold.

(6)

A person may not sell, give away, barter, dispense, distribute, buy, receive or possess any prescription drug except as authorized by law.

(7)

A manufacturer or wholesaler may not sell or otherwise distribute, or offer to sell or otherwise distribute, any drug or device except to a person legally authorized to resell, dispense or otherwise redistribute such drug or device. The board may grant an exemption from the requirement of this subsection in the form of a special permit if the board finds that an exemption is in the best interest of the public health and safety.

(8)

Intentionally left blank —Ed.

(a)

A person may not sell, purchase or trade or offer to sell, purchase or trade any drug sample.

(b)

As used in paragraph (a) of this subsection, “drug sample” means a unit of a drug, subject to this chapter, that is not intended to be sold and is intended to promote the sale of the drug, and includes a coupon or other form which may be redeemed for a drug.

(9)

For purposes of this section and ORS 678.375 (Nurse practitioners), distribution of prepackaged complimentary samples of medications by a nurse practitioner or clinical nurse specialist with prescription writing authority shall not constitute dispensing when the sample medication is within the prescriptive authority granted to that nurse practitioner or clinical nurse specialist. [Formerly 689.765]

Source: Section 689.527 — Prohibited practices; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors689.­html.

Attorney General Opinions

Authorizing pharmacist in advance to dispense therapeutically but not generically equivalent drug, (1980) Vol 40, p 474

689.005
Definitions
689.025
Policy
689.035
Short title
689.045
Severability
689.115
Membership
689.135
General powers of board
689.139
State Board of Pharmacy Account
689.145
Enforcement powers of board
689.151
Board control over licensing, standards and discipline
689.153
Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate
689.155
Authority of board over medications, drugs, devices and other materials
689.165
Officers
689.175
Compensation of board members and executive director
689.185
Meetings
689.195
Employees
689.205
Rules
689.207
Authority of board to require fingerprints
689.225
License requirement
689.255
Qualifications for licensure by examination
689.265
Qualifications for licensure by reciprocity
689.275
Renewal of licenses
689.285
Continuing education
689.295
Practice of clinical pharmacy
689.305
Registration of drug outlets
689.315
Application
689.325
Required reports
689.335
Certificate required
689.405
Grounds for discipline
689.445
Penalties and reinstatement
689.455
Duty to report suspected violations and prohibited conduct
689.486
When license required
689.490
Board to establish licensing system
689.495
Provision of licensing information
689.497
Report required upon termination of pharmacy technician
689.499
Pharmacy technician specialized education program
689.503
Licensing of pharmaceutical representatives
689.505
Labeling requirements
689.508
Prescription records
689.515
Regulation of generic drugs
689.522
Substitution of biological products for prescribed biological products
689.524
Approval of coverage for biological product
689.525
Out-of-state prescriptions
689.527
Prohibited practices
689.532
Complimentary samples
689.555
Agricultural drugs and certain other substances
689.557
Disposal of marijuana item left at retail drug outlet
689.561
Prescription readers
689.564
Language requirements for prescription drug labels
689.605
Power to dispense drugs from hospital pharmacies, drug rooms and penal institutions
689.615
Display of certificate or license
689.635
Dispensing according to naturopathic formulary
689.645
Vaccines, patient care services, drugs and devices
689.649
Public Health and Pharmacy Formulary Advisory Committee
689.655
Power to administer drugs and devices
689.661
Power to perform tests and examinations related to federally cleared analytes
689.681
Opiate overdose
689.682
Prescription of naloxone
689.684
Administration of naloxone by certain persons
689.686
Notice of availability of naloxone
689.689
Prescription and administration or dispensation of certain contraceptives
689.692
Dispensation of prescription drug containing cannabinoids
689.696
Prescription and dispensation of emergency refills of insulin
689.700
Telepharmacy
689.704
Preexposure and post-exposure antiretroviral therapies
689.770
Definitions for ORS 689.770 to 689.780
689.772
Establishment of program
689.774
Rules
689.776
Inspection
689.778
Eligibility
689.780
Immunity
689.832
Civil penalties
689.854
Civil penalty for violation of ORS 689.515
689.995
Criminal penalties
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