Oregon Statutes 689.225 – License requirement; exceptions; possession of drugs; regulation of pharmacy technicians; rules; penalty
(1) A person may not engage in the practice of pharmacy unless the person is licensed under this chapter or authorized in another state or United States territory and is practicing under ORS § 676.347. Nothing in this section prevents physicians, dentists, veterinarians or other practitioners of the healing arts who are licensed under the laws of this state from dispensing and administering prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by law of this state.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 689.225
- dispensing: means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug. See Oregon Statutes 689.005
- Manufacturer: means a person engaged in the manufacture of drugs. See Oregon Statutes 689.005
- 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
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) A person may not take, use or exhibit the title of pharmacist or the title of druggist or apothecary, or any other title or description of like import unless the person is licensed to practice pharmacy under this chapter.
(3) A pharmacist may not possess personally or store drugs other than in a licensed pharmacy except for those drugs legally prescribed for the personal use of the pharmacist or when the pharmacist possesses or stores the drugs in the usual course of business and within the pharmacist’s scope of practice. An employee, agent or owner of any registered manufacturer, wholesaler or pharmacy may lawfully possess legend drugs if the person is acting in the usual course of the business or employment of the person.
(4) The State Board of Pharmacy shall adopt rules relating to the use of pharmacy technicians. For retail and institutional drug outlets, the board shall adopt rules that include requirements for training, including provisions for appropriate on-the-job training, guidelines for adequate supervision, standards and appropriate ratios for the use of pharmacy technicians. Improper use of pharmacy technicians is subject to the reporting requirements of ORS § 689.455.
(5) The mixing of intravenous admixtures by pharmacy technicians working under the supervision, direction and control of a pharmacist is authorized and does not constitute the practice of pharmacy by the pharmacy technicians.
(6) Any person who is found to have unlawfully engaged in the practice of pharmacy is guilty of a Class A misdemeanor. [1979 c.777 § 21; 1983 c.402 § 3; 1985 c.565 § 104; 1989 c.608 § 2; 1997 c.729 § 2; 2001 c.278 § 1; 2009 c.326 § 3; 2017 c.409 § 33; 2022 c.45 § 26; 2022 c.62 § 9]
[Amended by 1967 c.287 § 2; 1969 c.514 § 7; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[1969 c.514 § 8; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[Amended by 1963 c.96 § 3; 1967 c.183 § 2; 1969 c.514 § 9; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]
[1979 c.777 § 18; 1985 c.565 § 105; renumbered 689.151 in 1997]
[Amended by 1955 c.132 § 1; 1963 c.96 § 4; 1965 c.580 § 6; 1967 c.183 § 3; 1969 c.514 § 10; 1973 c.612 § 24; 1975 c.686 § 9; repealed by 1979 c.777 § 59]