71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 540
 
LC 2323/SB 540-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 540
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                              May 4
 
  On page 1 of the printed bill, line 19, delete 'and
discipline'.
  On page 2, delete lines 27 through 45 and delete page 3 and
insert:
  ' (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.'.
  On page 4, delete lines 1 through 3.
  In line 4, delete '7' and insert '4'.
  In line 11, delete '8' and insert '5'.
  In line 12, before 'Upon' insert '(1)'.
  In line 14, after the period insert '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. + } ' .
  In line 15, delete '9' and insert '8' and delete ' Sections 5
and 6' and insert 'Section 7'.
  In line 16, before 'shall' insert 'by sections 1 to 5 of this
2001 Act'.
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