"Unprofessional conduct" means conduct unbecoming of a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of pharmacy or conduct that endangers the health, safety or welfare of a patient or client. Unprofessional conduct includes but is not limited to:

1. (a) Fraud or misrepresentation in dealings relating to pharmacy practice with:

   1. (A) Customers, patients or the public;
   2. (B) Practitioners authorized to prescribe drugs, medications or devices;
   3. (C) Insurance companies;
   4. (D) Wholesalers, manufactures or distributors of drugs, medications or devices;
   5. (E) Health care facilities;
   6. (F) Government agencies; or
   7. (G) Drug outlets.
2. (b) Illegal use of drugs, medications or devices without a practitioner's prescription, or otherwise contrary to federal or state law or regulation;
3. (c) Any use of intoxicants, drugs or controlled substances that endangers or could endanger the licensee or others;
4. (d) Theft of drugs, medications or devices, or theft of any other property or services under circumstances which bear a demonstrable relationship to the practice of pharmacy;

5. (e) Dispensing a drug, medication or device where the pharmacist knows or should know due to the apparent circumstances that the purported prescription is bogus or that the prescription is issued for other than a legitimate medical purpose, including circumstances such as:

   1. (A) Type of drug prescribed;
   2. (B) Amount prescribed; or
   3. (C) When prescribed out of context of dose.
6. (f) Any act or practice relating to the practice of pharmacy that is prohibited by state or federal law or regulation;
7. (g) The disclosure of confidential information in violation of Board rule;
8. (h) Engaging in collaborative drug therapy management in violation of ORS Chapter 689 and the rules of the Board;
9. (i) Authorizing or permitting any person to practice pharmacy in violation of the Oregon Pharmacy Act or the rules of the Board;
10. (j) Any conduct or practice by a licensee or registrant which the Board determines is contrary to accepted standards of practice; or
11. (k) Failure to cooperate with the Board pursuant to OAR 855-104-0005.

Statutory/Other Authority

689.205

Statutes/Other Implemented

ORS 689.005 and 689.155

History

BP 41-2024, minor correction filed 04/10/2024, effective 04/10/2024
BP 2-2016, f. 6-30-16, cert. ef. 7-1-16