Chapter 90
AN ACT
SB 200
Relating to the disciplinary authority of the
State Board of Pharmacy; creating new provisions; and amending ORS 689.445 and
689.832.
Be It Enacted by the People of
the State of
SECTION 1. ORS 689.445 is amended to read:
689.445. (1) Upon the
finding of the existence of grounds for discipline of any person holding a
license, seeking a license or renewal of a license under the provisions of ORS
435.010 to 435.030, 475.125 and 475.135 and this chapter, the State Board of
Pharmacy may impose one or more of the following penalties:
(a) Suspension of the
offender’s license for a term to be determined by the board;
(b) Revocation of the
offender’s license;
(c) Restriction of the
offender’s license to prohibit the offender from performing certain acts or
from engaging in the practice of pharmacy in a particular manner for a term to
be determined by the board;
[(d) Imposition of a civil penalty not to exceed $1,000 for each
offense;]
(d) A civil penalty
not to exceed:
(A) $1,000 for each
offense committed by an individual; and
(B) $10,000 for each
offense committed by a drug outlet;
(e) Refusal to renew
offender’s license; or
(f) Placement of the
offender on probation and supervision by the board for a period to be
determined by the board.
(2) Any person whose
license issued pursuant to this chapter has been suspended, revoked or
restricted pursuant to this chapter, whether voluntarily or by action of the
board, shall have the right, at reasonable intervals, to petition the board for
reinstatement of such license. Such petition shall be made in writing and in
the form prescribed by the board. Upon investigation and hearing, the board may
in its discretion grant or deny such petition, or it may modify its original
finding to reflect any circumstances which have changed sufficiently to warrant
such modifications. Pardon and restoration of civil rights to any person
formerly licensed by the board does not obligate the board to restore revoked,
restricted or suspended licenses.
(3) Nothing in this
chapter shall be construed as barring criminal prosecutions for violations of
ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.805, 475.840
to 475.980 and this chapter where such violations are deemed as criminal
offenses in other statutes of this state or of the
(4) Civil penalties
under this section shall be imposed as provided in ORS 183.745.
(5) All penalties
recovered under ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190,
475.805, 475.840 to 475.980 and this chapter shall be deposited into the State
Board of Pharmacy Account established in ORS 689.139.
SECTION 2. ORS 689.832 is amended to read:
689.832. (1) In addition
to any other liability or penalty provided by law, the State Board of Pharmacy
may impose a civil penalty [not to exceed
$1,000 for each violation on any person who violates any provision of this
chapter or ORS chapter 475 or any rule of the board.] for any violation
of the provisions of this chapter or ORS chapter 475 or any rule of the board.
A civil penalty imposed under this subsection may not exceed $1,000 for each
violation by an individual and $10,000 for each violation by a drug outlet.
(2) All penalties
recovered under this section shall be deposited into the State Board of
Pharmacy Account established in ORS 689.139.
(3) Any civil penalty
under this section shall be imposed in the manner provided in ORS 183.745.
(4) Notwithstanding ORS
183.745, the person to whom the notice is addressed shall have 10 days from the
date of service of the notice in which to make written application for a
hearing before the board.
SECTION 3. Section 4 of this 2007 Act is added to and
made a part of ORS chapter 689.
SECTION 4. The lapse, suspension or revocation of a
license or certificate of registration by the operation of law or by order of
the State Board of Pharmacy or by the decision of a court of law, or the
voluntary surrender of a license by a licensee or of a certificate of
registration by the holder of the certificate, does not deprive the board of
jurisdiction to proceed with any investigation or any action or disciplinary
proceeding against the licensee or certificate holder or revise or render null
and void an order of disciplinary action against the licensee or certificate
holder.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date January 1, 2008
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