74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 200
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 Theodore R.
Kulongoski for State Board of Pharmacy)
CHAPTER ................
AN ACT
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 Oregon:
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.
Enrolled Senate Bill 200 (SB 200-A) Page 1
(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 United States.
(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. + }
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Enrolled Senate Bill 200 (SB 200-A) Page 2
Passed by Senate February 26, 2007
Repassed by Senate April 25, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 16, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 200 (SB 200-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 200 (SB 200-A) Page 4