Text Size:   A+ A- A   •   Text Only
Find     

State and Federal Pharmacy Laws & Rules
RECENT RULE CHANGES

June 27, 2013 Rulemaking Hearing

On Thursday, June 27, 2013 at 9:30AM, the Oregon Board of Pharmacy will conduct a rulemaking hearing on the following topics in Room 1A of the Portland State Office Building, 800 NE Oregon St., Portland, OR 97232. 

Notice of Rulemaking Hearing and Statement of Need

  • Div 019 - Consulting Pharmacist Practice
  • Div 041 - Preamble for Central Fill, Remote Processing and Consulting or Drugless Pharmacies
  • Div 041 - Central Fill
  • Div 041 - Remote Processing
  • Div 041 - Consulting or Drugless Pharmacies
  • Div 041 - Customized Patient Medication Packages
  • Div 060 - Manufacturers
  • Div 080 - Controlled Substances

Remote Processing Drug Outlet rules provide minimum requirements of operation for centralized prescription processing by a pharmacy that processes drug orders on behalf of an Oregon pharmacy.

Central Fill Drug Outlet rules provide minimum requirements of operation for centralized prescription drug filling by a pharmacy that fills drug orders on behalf of an Oregon pharmacy.

Consulting or Drugless Pharmacy rules are intended to ensure that a consulting pharmacist may safely store records and protected health information in an Oregon licensed drugless pharmacy when engaged in Independent Pharmacy Practice.
 

Consulting Pharmacist Practice rules are amended to establish registration requirements for a consulting pharmacist that stores health protected records outside an Oregon licensed pharmacy.

Customized Patient Medication Packages rules are amended to include a waiver clause.
 
Manufacturer rules are amended to clarify that any compounded non-patient specific drug from an
out-of-state drug outlet may only be distributed into the state by an Oregon registered manufacturer.
 
Controlled Substance rules are amended to include certain synthetic cannabinoids and cathinone-type derivatives that are subject to abuse, and have no legitimate medical purpose.

 

 April 2013

On April 4, 2013 The Board amended Pharmacist Licensure Fees.

The Board has implemented a temporary fee reduction for pharmacist licensure as allowed by ORS 291.055(3) due to an unexpected surplus in revenue. The license fee will be reduced from $200 to $120.

Notice of Temporary Rulemaking and Statement of Need - Effective 4/5/13

 

February 2013

On February 14, 2013 The Board amended rules relating to Manufacturers.

This temporary rule clarifies that any out-of-state outlet that compounds a drug that is distributed into Oregon and is based on a non-patient specific order must register as a Manufacturer.

Notice of Temporary Rulemaking and Statement of Need - Effective 3/7/13

 

December 2012 
On December 12, 2012 The Board amended rules relating to Wholesaler and Fee rules.

Division 065 rules amend the definition of Class II Wholesaler to include Oxygen USP and medical gases.   Division 110 rules implement a licensing and delinquent fee for the registration and renewal of Supervising Dispensing Outlets as required by 2012 Senate Bill 1565. 

Certificate of Permanent Rulemaking - Effective 12/15/12

On December 12, 2012, The Board also reorganized, renumbered, amended and repealed rules within Division 041 in an effort to update the Division in its entirety and provide greater clarity for licensees. In addition rules relating to correctional facilities have been renumbered to Division 043 for organizational purposes. The Board will further review Division 041 in its entirety in 2013 after the reorganization occurs to ensure that rules within the Division accurately reflect current pharmacy practice standards and accommodate new business models.  

The Board also amended emergency department distribution rules that update labeling and records requirements. The amendments also contain a waiver clause and establishes requirements for Automated Dispensing Machines (ADM) within the Emergency Department. 


Certificate of Permanent Rulemaking
- Effective 12/21/12

  • 855-041 - Emergency Department Distribution

 

Recent Rulemaking Hearings 

 

On Thursday, November 29, 2012 at 9:00AM, the Oregon Board of Pharmacy conducted a rulemaking hearing on the following topics in Room 1A of the Portland State Office Building, 800 NE Oregon St., Portland, OR 97232

 

 

The Division 041 Emergency Department Dispensing amendments are needed to update labeling and record requirements. These rules also propose to establish requirements for Automated Dispensing Machines (ADM) within the Emergency Department.

The Board is in the process of reorganizing and renumbering Division 041 to provide greater clarity, order and consistency with Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) regulations. For those rules that only required renumbering, they have been filed and updated with the Secretary of State. This filing includes rules that have been both renumbered and amended. Also
reflected are rules that are proposed to be repealed because they are outdated. The Board intends to develop new rules to accommodate new business models and will review the Division in its entirety to ensure that the rules accurately reflect current pharmacy practice standards.

The proposed amendments in Division 065 permanently amend the definition of Class II Wholesaler to include Oxygen USP and medical gases which is currently a Temporary Rule. The Temporary Rule will expire on December 16, 2012.

The proposed amendments in Division 110 establish a permanent licensing and delinquent fee for the registration and renewal of Supervising Physician Dispensing Outlets as required by 2012 Senate Bill 1565. This rule is currently a Temporary Rule and will expire on December 16, 2012.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
RULE CHANGES 2010-2012
Please click here.

 
OREGON LAWS & RULES

State laws regulating the practice of pharmacy in Oregon fall into two categories: statutes and rules.


STATUTES are laws which have been enacted by a vote of the legislature.  Any modifications made to a statute also requires the approval of the legislature. The Oregon Board of Pharmacy has the responsibility for implementing and regulating Chapters 475 and 689 of the Oregon Statutes.

RULES, on the other hand, are written by the Board of Pharmacy. Rules are required to be supported by a statute. Rules typically are less general and more specific to a particular situation. All Oregon pharmacy rules are found in Chapter 855. Chapter 855 is subdivided into 18 divisions which are categorized by subject. Below is a list of each division by title, which can be accessed by double clicking on the name. Division 41  is by far the largest and most pertinent to the practice of pharmacy. 

To download a copy of the Oregon Board of Pharmacy Laws & Rules, click here. Filed through 1/2013

To order a CD or paper copy of the Oregon Board of Pharmacy Laws & Rules, click here

OREGON STATE PHARMACY STATUTES
 
 
Chapter 475: Controlled Substances; Illegal Drug Cleanup; Paraphenalia; Precursors 
 
Chapter 689: Pharmacists, Outlets, Sale
 

OREGON STATE PHARMACY RULES 
  
 
OAR 855 - Table of Contents
 
Division 1 Procedural Rules
 
Division 6 Definitions
 
Division 7 Public Health Emergency 
 
Division 10 Board Administration and Policies
 
Division 11 Health Professional's Service Program 

Division 19 Pharmacists      -    Frequently Asked Questions for Division 19 
 
Division 21 Continuing Pharmacy Education
 
Division 25 Certified Pharmacy Technicians and Pharmacy Technicians
 
Division 31 Internship Regulations
 
Division 35 Operation of Nonprescription and Medicinal Gas Outlets
 
Division 41 Operation of Pharmacies (Retail and Institutional Drug Outlets)  Consulting Pharmacists and Operation of Drug Rooms *

Division 42 Nuclear Pharmacies and Pharmacists
 
Division 43 Practitioner Dispensing
 
Division 44 Charitable Pharmacies
 
Division 45 Sterile and Non-sterile Compounding - Frequently Asked Questions for Division 45
 
Division 50 Restriction on Retail Sales
 
Division 60 Pharmaceutical Manufacturers
 
Division 62 Drug Distribution Agent 

Division 65 Wholesale Drug Outlets
 
Division 70 Prophylactics and Contraceptives
 
Division 80 Schedule of Controlled Substances
 
Division 90 Aerosol Sprays
 
Division 110 Fees
 

 

 
FEDERAL REGULATIONS
In addition to Oregon statutes and rules, federal laws regulate the practice of pharmacy with respect to controlled substances. These laws can be found in Title 21 - Food and Drugs, Part 1300 to END of the Code of Federal Regulations. Part 1300 to END, includes Chapter II - Drug Enforcement Administration, Department of Justice and Chapter III - Office of National Drug Control Policy.  The Pharmacist´s Manual published by the DEA (2010) is a condensed version of the laws found in Title 21. For the PDF version of the Pharmacist's Manual please click here.  For HIPAA Information, please click here.


FOOD AND DRUG ADMINISTRATION
Laws Enforced by the FDA
Food Drug and Cosmetic Act
Search FDA Rules under the FD & C Act: 21 CFR Parts 1-1499
Dietary Supplement Health and Education Act of 1994

DRUG ENFORCEMENT ADMINISTRATION
Controlled Substances Act
Title 21 - Food and Drugs, Part 1300 to END