Oregon Statutes 689.405 – Grounds for discipline; investigation; procedure as contested case
(1) The State Board of Pharmacy may refuse to issue or renew, or may suspend, revoke or restrict the license of any person or the certificate of registration of any drug outlet upon one or more of the following grounds:
Terms Used In Oregon Statutes 689.405
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Drug outlet: means a pharmacy, nursing home, shelter home, convalescent home, extended care facility, drug abuse treatment center, penal institution, hospital, family planning clinic, student health center, retail store, wholesaler, manufacturer, mail-order vendor or other establishment with facilities located within or out of this state that is engaged in dispensing, delivery or distribution of drugs within this state. See Oregon Statutes 689.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, partnership, association or other legal entity. See Oregon Statutes 689.005
- Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy or to engage in the practice of clinical pharmacy. See Oregon Statutes 689.005
- Pharmacy: means a place that meets the requirements of rules of the board, is licensed and approved by the board where the practice of pharmacy may lawfully occur and includes apothecaries, drug stores, dispensaries, hospital outpatient pharmacies, pharmacy departments and prescription laboratories but does not include a place used by a manufacturer or wholesaler. See Oregon Statutes 689.005
- Pharmacy technician: means a person licensed by the board who assists in the practice of pharmacy pursuant to rules of the board. See Oregon Statutes 689.005
(a) Unprofessional conduct as that term is defined by the rules of the board.
(b) Repeated or gross negligence.
(c) Incapacity of a nature that prevents a person from engaging in the activity for which the person is licensed with reasonable skill, competence and safety to the public.
(d) Impairment as defined in ORS § 676.303.
(e) Subject to subsection (4) of this section, being found guilty by the board of a violation of subparagraph (B) of this paragraph, or by a court of competent jurisdiction of one or more of the following:
(A) A felony, as defined by the laws of this state; or
(B) Violations of the pharmacy or drug laws of this state or rules pertaining thereto, or of statutes, rules or regulations of any other state, or of the federal government.
(f) Fraud or intentional misrepresentation by a licensee or registrant in securing or attempting to secure the issuance or renewal of a license.
(g) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license, or falsely using the title of pharmacist.
(h) Aiding and abetting an individual in performing the duties of a pharmacy technician without licensing.
(i) Being found by the board to be in violation of any of the provisions of ORS § 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 or this chapter or rules adopted pursuant to ORS § 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 and this chapter.
(j) Disciplinary action by another state regarding a license, based upon acts by the licensee similar to acts described in this subsection, unless the disciplinary action resulted solely from the licensee’s provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the licensee provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service. A certified copy of the record of disciplinary action of the state taking the disciplinary action is conclusive evidence thereof.
(2) Upon receipt of a complaint under this chapter, the board shall conduct an investigation as described under ORS § 676.165.
(3) Actions taken under subsection (1) of this section shall be considered a contested case under ORS Chapter 183.
(4) The board may not suspend or revoke a person’s license, or refuse to grant a license to a person, because of a conviction resulting solely from the person’s provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service. [1979 c.777 27,28; 1981 c.277 § 4; 1985 c.131 § 4; 1987 c.736 § 1; 1995 c.440 § 11; 1997 c.729 § 3; 1997 c.791 § 48; 2005 c.313 § 12; 2009 c.756 § 79; 2023 c.228 § 38]
[Amended by 1963 c.586 § 7; 1965 c.580 § 7; 1969 c.514 § 25; 1977 c.745 § 44; repealed by 1979 c.777 § 59]
[1969 c.514 § 26; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[1969 c.514 § 27; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[Repealed by 1969 c.514 § 57]
[1971 c.734 § 143; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[1969 c.514 § 30; repealed by 1971 c.734 § 21]
[Amended by 1969 c.514 § 29; repealed by 1971 c.734 § 21]
[1971 c.734 § 144; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[Repealed by 1969 c.514 § 57]