71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 405
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for State Board of Pharmacy)
CHAPTER ................
AN ACT
Relating to fees assessed by State Board of Pharmacy; amending
ORS 689.135; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 689.135 is amended to read:
689.135. (1) The State Board of Pharmacy shall have such other
duties, powers and authority as may be necessary to the
enforcement of this chapter and to the enforcement of board rules
made pursuant thereto, which shall include, but are not limited
to, the following:
(a) Cause to have printed and circulated annually copies of any
changes in the laws relating to pharmacy, controlled substances,
drugs and poisons and the rules adopted to enforce such laws, and
set reasonable charges therefor.
(b) Appoint advisory committees.
(2) The board may join such professional organizations and
associations organized exclusively to promote the improvement of
the standards of the practice of pharmacy for the protection of
the health and welfare of the public and whose activities assist
and facilitate the work of the board.
(3) In addition to any statutory requirements, the board may
require such surety bonds as it deems necessary to guarantee the
performance and discharge of the duties of any officer or
employee receiving and disbursing funds.
(4) The executive director of the board shall keep the seal of
the board and shall affix it only in such manner as may be
prescribed by the board.
(5) The board shall determine within 30 days prior to the
beginning of each state fiscal year the fees to be collected for:
(a) Examinations and reexaminations, which fee shall not exceed
$400.
(b) Pharmacist licenses, which fee shall not exceed $250.
(c) Pharmacist licensing by reciprocity, which fee shall not
exceed $300.
(d) Intern license, which fee shall not exceed $50.
(e) Duplicate pharmacist certificate, which fee shall not
exceed $50.
(f) Pharmacist license, delinquent renewal fee, which fee shall
not exceed $50.
Enrolled Senate Bill 405 (SB 405-INTRO) Page 1
(g) Certification of approved providers of continuing education
courses, which fee shall not exceed $300.
(h) Registration of drug outlets other than pharmacies and
renewal of registration, which fee shall not exceed
{ - $300 - } { + $500 + }.
(i) Initial pharmacy or institutional drug outlet, which fee
shall not exceed { - $100 - } { + $300 + }.
(j) Annual pharmacy or institutional drug outlet, which fee
shall not exceed { - $100 - } { + $300 + }.
(k) Pharmacy or institutional drug outlet delinquent renewal
fee, which fee shall not exceed { - $75 - } { + $200 + }.
(L) Nonprescription drug outlets, which fee shall not exceed
$50.
(m) Nonprescription drug outlet delinquent renewal fee, which
fee shall not exceed $50.
(n) Reinspection fee, which fee shall not exceed $100.
(o) Drug outlets, other than pharmacies or institutional drug
outlets, delinquent renewal fee, which fee shall not exceed $100.
(6) All moneys collected either as costs or fines under ORS
435.010 to 435.130, 453.175, 453.185 and 453.990 and this chapter
shall be paid by the magistrate or other officer receiving them
to the treasurer of the county where the prosecution is
conducted. These moneys shall be applied, first, to the payment
of the costs of such prosecution; the remainder shall be paid by
the county treasurer to the General Fund in the State Treasury
and, in the case of:
(a) All moneys except criminal fines, placed to the credit of
the Health Division Account and such moneys hereby are
appropriated continuously and shall be used only for the
administration and enforcement of ORS 435.010 to 435.130 and this
chapter.
(b) Criminal fines, placed to the credit of the Criminal Fine
and Assessment Account.
(7) All moneys received by the Health Division under ORS
435.010 to 435.130, 453.185 and 453.990 and this chapter shall be
paid into the General Fund in the State Treasury and placed to
the credit of the Health Division Account and such moneys hereby
are appropriated continuously and shall be used only for the
administration and enforcement of ORS 435.010 to 435.130 and this
chapter.
(8) The board may receive and expend funds, in addition to its
annual biennial appropriation, from parties other than the state,
provided:
(a) Such moneys are awarded for the pursuit of a specific
objective which the board is authorized to accomplish by this
chapter, or which the board is qualified to accomplish by reason
of its jurisdiction or professional expertise;
(b) Such moneys are expended for the pursuit of the objective
for which they are awarded;
(c) Activities connected with or occasioned by the expenditures
of such funds do not interfere with or impair the performance of
the board's duties and responsibilities and do not conflict with
the exercise of the board's powers as specified by this chapter;
(d) Such moneys are kept in a separate, special state account;
and
(e) Periodic reports are made to the Governor concerning the
board's receipt and expenditure of such moneys.
(9) The board may assign to each drug outlet under its
jurisdiction, a uniform state number, coordinated where possible
Enrolled Senate Bill 405 (SB 405-INTRO) Page 2
with all other states which adopt the same uniform numbering
system.
(10) The board or its authorized representatives shall also
have power to investigate and gather evidence concerning alleged
violations of the provisions of this chapter or of the rules of
the board.
(11) The president and vice president of the board may
administer oaths in connection with the duties of the board.
(12) The books, registers and records of the board as made and
kept by the executive director or under the supervision of the
executive director, subject to the direction of the board, shall
be prima facie evidence of the matter recorded therein, in any
court of law.
(13) The board may administer oaths, issue notices and
subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such
other acts as are reasonably necessary to carry out its duties
under this chapter.
(14)(a) Notwithstanding anything in this chapter to the
contrary, whenever a duly authorized representative of the board
finds or has probable cause to believe that any drug or device is
adulterated, misbranded or a new drug, as defined in Section
201(p) of the Federal Food, Drug and Cosmetic Act, for which
there is no approval in effect pursuant to Section 505(b) of the
federal Act nor an approved notice of claimed investigational
exemption pursuant to Section 505(i) of the federal Act, or
otherwise rendered unsafe for use as a result of fire, flood or
other natural disaster, the representative shall affix to such
drug or device a tag or other appropriate marking giving notice
that such article is or is suspected of being adulterated,
misbranded, or otherwise rendered unsafe and has been detained or
embargoed and warning all persons not to remove or dispose of
such article by sale or otherwise until provision for removal or
disposal is given by the board, its agent or the court. No person
shall remove or dispose of such embargoed drug or device by sale
or otherwise without the permission of the board or its agent or,
after summary proceedings have been instituted, without
permission from the court.
(b) When a drug or device detained or embargoed under paragraph
(a) of this subsection has been declared by such representative
to be adulterated, misbranded or a new drug, or rendered unsafe,
the board shall, as soon as practical thereafter, petition the
judge of the circuit court in whose jurisdiction the article is
detained or embargoed for an order for condemnation of such
article. If the judge determines that the drug or device so
detained or embargoed is not adulterated or misbranded or
rendered unsafe, the board shall direct the immediate removal of
the tag or other marking.
(c) If the court finds the detained or embargoed drug or device
is adulterated or misbranded or rendered unsafe, such drug or
device, after entry of the decree, shall be destroyed at the
expense of the owner under the supervision of a board
representative and all court costs and fees, storage and other
proper expense shall be borne by the owner of such drug or
device. When the adulteration or misbranding can be corrected by
proper labeling or processing of the drug or device, the court,
after entry of the decree and after such costs, fees and expenses
have been paid and a good and sufficient bond has been posted,
may direct that such drug or device be delivered to the owner
thereof for such labeling or processing under the supervision of
Enrolled Senate Bill 405 (SB 405-INTRO) Page 3
a board representative. Expense of such supervision shall be paid
by the owner. Such bond shall be returned to the owner of the
drug or device on representation to the court by the board that
the drug or device is no longer in violation of the embargo and
the expense of supervision has been paid.
(d) It is the duty of the Attorney General to whom the board
reports any violation of this subsection to cause appropriate
proceedings to be instituted in the proper court without delay
and to be prosecuted in the manner required by law. Nothing in
this subsection shall be construed to require the board to report
violations whenever the board believes the public's interest will
be adequately served in the circumstances by a suitable written
notice or warning.
(15) Except as otherwise provided to the contrary, the board
shall exercise all of its duties, powers and authority in
accordance with ORS 183.310 to 183.550.
SECTION 2. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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Passed by Senate April 6, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 25, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 405 (SB 405-INTRO) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 405 (SB 405-INTRO) Page 5