Oregon Statutes 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.
Terms Used In Oregon Statutes 689.527
- Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist. See Oregon Statutes 689.005
- 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
- Distribute: means the delivery of a drug other than by administering or dispensing. See Oregon Statutes 689.005
- Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substances or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a drug by an individual for their own use or the preparation, compounding, packaging or labeling of a drug:
(a) By a practitioner as an incident to administering or dispensing of a drug in the course of professional practice; or
(b) By a practitioner or by the practitioner's authorization under supervision of the practitioner for the purpose of or as an incident to research, teaching or chemical analysis and not for sale. 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
- 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
- Practitioner: means a person licensed and operating within the scope of such license to prescribe, dispense, conduct research with respect to or administer drugs in the course of professional practice or research:
(a) In this state; or
(b) In another state or territory of the United States if the person does not reside in Oregon and is registered under the federal Controlled Substances Act. See Oregon Statutes 689.005
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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)(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, 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]
[Amended by 1969 c.514 § 36; 1977 c.688 § 2; repealed by 1977 c.842 § 45 and 1979 c.777 § 59]