Oregon Statutes 689.445 – Penalties and reinstatement
(1) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license or renewal of a license under the provisions of ORS § 435.010 to 435.030, 475.125 and 475.135 and this chapter, the State Board of Pharmacy may impose one or more of the following penalties:
Terms Used In Oregon Statutes 689.445
- 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
- Person: means an individual, corporation, partnership, association or other legal entity. 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Suspension of the offender’s license for a term to be determined by the board;
(b) Revocation of the offender’s license;
(c) Restriction of the offender’s license to prohibit the offender from performing certain acts or from engaging in the practice of pharmacy in a particular manner for a term to be determined by the board;
(d) A civil penalty not to exceed:
(A) $1,000 for each offense committed by an individual; and
(B) $10,000 for each offense committed by a drug outlet;
(e) Refusal to renew offender’s license; or
(f) Placement of the offender on probation and supervision by the board for a period to be determined by the board.
(2) Any person whose license issued pursuant to this chapter has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. Pardon and restoration of civil rights to any person formerly licensed by the board does not obligate the board to restore revoked, restricted or suspended licenses.
(3) Nothing in this chapter shall be construed as barring criminal prosecutions for violations of 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 where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
(4) Civil penalties under this section shall be imposed as provided in ORS § 183.745.
(5) All penalties recovered under 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 shall be deposited into the State Board of Pharmacy Account established in ORS § 689.139. [1979 c.777 § 29; 1985 c.131 § 5; 1991 c.734 § 75; 1995 c.440 § 12; 1997 c.729 § 4; 2005 c.726 § 12; 2007 c.90 § 1]
[Amended by 1969 c.514 § 47; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]