Chapter 595 Oregon Laws 2001

AN ACT

SB 540

Relating to pharmacy technicians; creating new provisions; and amending ORS 689.151, 689.486, 689.490, 689.455 and 689.495.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 689.151 is amended to read:

689.151. The State Board of Pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state including, but not limited to, the following:

(1) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter;

(2) The renewal of licenses to engage in the practice of pharmacy;

(3) The determination and issuance of standards based on nationally recognized standards of practice and accreditation criteria for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training, including internship;

(4) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state, and the suspension, revocation or restriction of licenses to engage in the practice of pharmacy; and

(5) The [regulation of the] training, qualifications and employment of pharmacy interns.

(6) The registration of pharmacy technicians.

SECTION 2. ORS 689.486 is amended to read:

689.486. (1) It shall be unlawful for any person to perform the duties of a pharmacy technician or use the title of pharmacy technician unless registered to do so under the provisions of this chapter.

(2) To [register] be registered to perform the duties of a pharmacy technician, a person shall:

(a) Submit a registration [form] application in the manner prescribed by the State Board of Pharmacy; and

(b) Pay the registration fee established by the board.

(3) The registration [form] application prescribed by the board shall include, but not be limited to:

(a) The name and address of the applicant;

(b) The educational qualifications of the applicant; [and]

(d) The applicant’s criminal offender record of any conviction or of any arrest less than one year old on which there has been no acquittal or dismissal.

(4) A registration under this section expires annually. To renew a registration to perform the duties of a pharmacy technician, a person shall:

(a) Submit the [renewal registration] application for renewal of registration in the form prescribed by the board;

(b) Pay the renewal fee established by the board;

(d) Provide updated information regarding educational qualifications, [and] work history and criminal arrest and conviction history; and

(e) Comply with all other requirements for registration renewal established by the board.

(5) No person may employ an individual to perform the duties of a pharmacy technician unless the individual is registered to perform the duties of a pharmacy technician under this chapter.

(6) A person registered to perform the duties of a pharmacy technician may perform the duties of a pharmacy technician only under the supervision, direction and control of a licensed pharmacist.

SECTION 3. ORS 689.490 is amended to read:

689.490. (1) In accordance with any applicable provisions of ORS 183.310 to 183.550, the State Board of Pharmacy, by rule, shall establish a registration system for persons who perform the duties of a pharmacy technician. The registration system shall include but not be limited to the following provisions:

[(1)] (a) Prescribing the form and content of and the procedures for submitting an application for the issuance or renewal of a technician registration.

[(2)] (b) Prescribing the fee for the original registration and for renewal of a registration in an amount not to exceed $50 and the fee for delinquent renewal in an amount not to exceed $50.

(2) The board may refuse to issue a technician registration to any person on one or more of the following grounds:

(a) Arrest or conviction for violation of the drug laws of this state or of statutes, rules or regulations of any other state or of the federal government;

(b) Arrest or conviction for a theft offense;

(c) Disciplinary action by another state regarding a license, registration, certificate or any other permit required to assist a pharmacist in the practice of pharmacy or to practice pharmacy that, in the judgment of the board, indicates the applicant may pose a threat to the public safety;

(d) The applicant is not authorized to work for hire under Oregon law; or

(e) Any other grounds that the board, in its discretion, believes would disqualify the applicant for registration.

(3) Denial of a registration under subsection (2) of this section shall be considered a contested case under ORS 183.310 to 183.550.

SECTION 4. ORS 689.455 is amended to read:

689.455. (1) A pharmacist or pharmacy technician shall report to the State Board of Pharmacy any suspected violations of this chapter or of ORS 475.005 to 475.285 and 475.940 to 475.995.

(2) Any pharmacist or pharmacy technician who reports to the board as required by subsection (1) of this section in good faith shall not be subject to an action for civil damages as a result thereof.

(3) Any information that the board obtains pursuant to ORS 689.405 or 689.445 or this section is confidential as provided under ORS 676.175.

SECTION 5. ORS 689.495 is amended to read:

689.495. (1) Upon the written request of a pharmacist, the State Board of Pharmacy shall provide the name, address, educational qualifications, [and] work history, technician registration history and criminal arrest and conviction history of any pharmacy technician registered with the board. Information provided by the board pursuant to a request under this section shall be in writing and may be provided to the requester by means of facsimile or other electronic transmission or the United States Postal Service.

(2) For purposes of this section:

(a) “Written request” includes but is not limited to a request received by means of facsimile or other electronic transmission.

(b) “Work history” includes but is not limited to information reported to the board pursuant to section 7 of this 2001 Act to the extent the information is not exempt from disclosure under ORS 676.175.

SECTION 6. Section 7 of this 2001 Act is added to and made a part of ORS chapter 689.

SECTION 7. (1) A pharmacy that terminates a pharmacy technician shall report the termination to the State Board of Pharmacy. In the sole discretion of the pharmacy, the pharmacy may report the reason for the termination.

(2) A pharmacy reporting the termination of a pharmacy technician under subsection (1) of this section shall provide the pharmacy technician an opportunity to issue a statement accompanying the report of termination. The statement of the pharmacy technician may include any mitigating factors or other information the pharmacy technician deems relevant to the termination.

(3) A pharmacy, pharmacist, pharmacy technician or any other person who, in good faith, submits a report of termination of a pharmacy technician under the provisions of this section is not liable for any civil damages as a result of submitting the report.

(4) The information provided to the board pursuant to this section is:

(a) Subject to disclosure as provided in ORS 689.495; and

(b) Admissible as evidence for any purpose in any civil proceeding before a court, agency, board or third-party dispute resolution tribunal.

(5) Nothing in subsection (3) of this section shall affect the admissibility in evidence of the records of a pharmacy or pharmacist that pertain to the work history or termination of employment of a pharmacy technician.

SECTION 8. Section 7 of this 2001 Act and the amendments to ORS 689.151, 689.486, 689.490, 689.455 and 689.495 by sections 1 to 5 of this 2001 Act shall first apply to applications for registration or for renewal of registration submitted on or after the effective date of this 2001 Act.

Approved by the Governor June 25, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date January 1, 2002

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