71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 540
Sponsored by Senator FISHER (at the request of Oregon State
Pharmacist Association, Oregon Society of Health System
Pharmacists, Statewide Pharmacy Coalition)
CHAPTER ................
AN ACT
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;
Enrolled Senate Bill 540 (SB 540-A) Page 1
(b) The educational qualifications of the applicant;
{ - and - }
(c) The work history 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;
(c) Pay the fee for delinquent renewal, if applicable;
(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:
Enrolled Senate Bill 540 (SB 540-A) Page 2
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. + }
Enrolled Senate Bill 540 (SB 540-A) Page 3
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Passed by Senate May 8, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 540 (SB 540-A) 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 540 (SB 540-A) Page 5