The State Board of Pharmacy may impose one or more of the following penalties which includes: suspend, revoke, or restrict the license of an outlet or may impose a civil penalty upon the outlet upon the following grounds:

1. (1) Unprofessional conduct as defined in OAR 855-006-0020;

2. (2) Advertising or soliciting that may jeopardize the health, safety, or welfare of the patient including, but not be limited to, advertising or soliciting that:

   1. (a) Is false, fraudulent, deceptive, or misleading; or
   2. (b) Makes any claim regarding a professional service or product or the cost or price thereof which cannot be substantiated by the licensee.

3. (3) Failure to provide a working environment that protects the health, safety and welfare of a patient which includes but is not limited to:

   1. (a) Sufficient personnel to prevent fatigue, distraction or other conditions that interfere with an Oregon licensed Pharmacist’s ability to practice with reasonable competency and safety.
   2. (b) Appropriate opportunities for uninterrupted rest periods and meal breaks.

   3. (c) Adequate time for an Oregon licensed Pharmacist to complete professional duties and responsibilities including, but not limited to:

      1. (A) Drug Utilization Review;
      2. (B) Verification of the accuracy of a prescription;
      3. (C) Counseling; and
      4. (D) All other duties and responsibilities of an Oregon licensed Pharmacist as specified in OAR 855-115.
4. (4) Introducing external factors such as productivity or production quotas or other programs to the extent that they interfere with the ability to provide appropriate professional services to the public.
5. (5) Incenting or inducing the transfer of a prescription absent professional rationale.

Statutory/Other Authority

ORS 689.151, ORS 689.155, ORS 689.205 & ORS 689.225

Statutes/Other Implemented

ORS 689.155

History

BP 34-2024, minor correction filed 04/10/2024, effective 04/10/2024
BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022