Oregon Bulletin

July 1, 2012

Board of Pharmacy, Chapter 855

Rule Caption: Adopt new Outlet Conduct rules.

Adm. Order No.: BP 2-2012

Filed with Sec. of State: 6-12-2012

Certified to be Effective: 6-12-12

Notice Publication Date: 5-1-2012

Rules Adopted: 855-041-0016

Subject: Division 41 Drug Outlet conduct rules define the Grounds for Discipline for outlets that fail to provide a working environment that protects the health, safety and welfare of patients.

 The complete text of these rules is available on the Board’s website at www.pharmacy.state.or.us

Rules Coordinator: Karen MacLean—(971) 673-0001


Grounds for Discipline

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) Unprofessional conduct as defined in OAR 855-006-0005;

(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:

(a) Is false, fraudulent, deceptive, or misleading; or

(b) Makes any claim regarding a professional service or product or the cost or price thereof which cannot be substantiated by the licensee.

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

(a) Sufficient personnel to prevent fatigue, distraction or other conditions that interfere with a pharmacist’s ability to practice with reasonable competency and safety.

(b) Appropriate opportunities for uninterrupted rest periods and meal breaks.

(c) Adequate time for a pharmacist to complete professional duties and responsibilities including, but not limited to:

(A) Drug Utilization Review;

(B) Immunization;

(C) Counseling;

(D) Verification of the accuracy of a prescription; and

(E) All other duties and responsibilities of a pharmacist as specified in Division 19 of this chapter of rules.

(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) Incenting or inducing the transfer of a prescription absent professional rationale.

Stat. Auth: ORS 689.151, 689.155(2), 689.205, 689.225(4)
Stats. Implemented: ORS 689.155
Hist.: BP 2-2012, f. & cert. ef 6-12-12

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