75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1135
House Bill 3110
Sponsored by Representative WITT; Representatives BOONE, DEMBROW,
KAHL, MATTHEWS, RILEY, ROBLAN, SCHAUFLER, Senators BURDICK,
DINGFELDER, PROZANSKI, ROSENBAUM, WALKER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Expands State Board of Pharmacy to include two pharmacy
technicians.
A BILL FOR AN ACT
Relating to State Board of Pharmacy; creating new provisions; and
amending ORS 689.115 and 689.125.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 689.115 is amended to read:
689.115. (1) The State Board of Pharmacy shall consist of
{ - seven - } { + nine + } members, two of whom shall be
representatives of the public, { + two of whom shall be pharmacy
technicians, + } and the remaining five of whom shall be
{ - licensed - } pharmacists. The members { - shall - }
{ + must + } possess the qualifications specified in subsections
(2) { - and (3) - } { + to (4) + } of this section.
(2) The public members of the State Board of Pharmacy
{ - shall - } { + must + } be residents of this state who have
attained the age of majority { + , + } { - and shall not be nor
shall they - } { + may not be or + }ever have been a member of
the profession of pharmacy, { - or - } { + may not be + }
persons who have any immediate family in the profession of
pharmacy { + , + } { - or - } { + may not be + } persons who
have ever had any material financial interest in the providing of
pharmacy service { - or - } { + and may not be persons + }
who have engaged in any activity directly related to the practice
of pharmacy.
{ + (3) The pharmacy technician members of the board must at
the time of their appointment:
(a) Be residents of this state;
(b) Be licensed and in good standing to perform the duties of a
pharmacy technician in this state; and
(c) Be engaged in the performance of the duties of a pharmacy
technician in this state. + }
{ - (3) - } { + (4) + } The { - licensed - } pharmacist
members of the board
{ - shall - } { + must + } at the time of their appointment:
(a) Be residents of this state;
(b) Be licensed and in good standing to engage in the practice
of pharmacy in this state;
(c) Be engaged in the practice of pharmacy in this state; and
(d) Have five years of experience in the practice of pharmacy
in this state after licensure.
{ - (4) - } { + (5) + } The Governor shall appoint the
members of the State Board of Pharmacy, subject to the advice and
consent of the Senate, and in accordance with the other
provisions of subsection
{ - (5) - } { + (6) + } of this section.
{ - (5) - } { + (6) + } At least five recommendations for
appointment to each vacancy on the board may be made to the
Governor by a task force assembled by the Oregon State
Pharmacists Association to represent all of the interested
pharmacy groups. { - Such nominations shall be - } { +
The + } recommendations { - only and shall not be - } { + are
not + } binding in any manner upon the Governor.
{ - (6) - } { + (7) + } Any vacancy { - which - }
{ + that + } occurs in the membership of the board for any
reason, including expiration of term, removal, resignation,
death, disability or disqualification, shall be filled by the
Governor in the manner prescribed by subsections
{ - (4) and - } (5) { + and (6) + } of this section. The
Governor shall fill vacancies { - which - } { + that + }
occur by expiration of full terms within 90 days prior to each
date of expiration, and shall fill vacancies
{ - which - } { + that + } occur for any other reason within
60 days after each such vacancy occurs.
SECTION 2. ORS 689.125 is amended to read:
689.125. (1) Except as provided in subsection (2) of this
section, members of the State Board of Pharmacy shall be
appointed for a term of four years, except that members of the
board who are appointed to fill vacancies { - which - }
{ + that + } occur prior to the expiration of a former member's
full term shall serve the unexpired portion of such term.
(2) { - (a) - } The terms of the members of the board shall
be staggered, so that the terms of no more than { - two - }
{ + three + } members
{ - shall - } expire in any year.
{ - (b) The present members of the board shall serve the
balance of their terms. - }
{ - (c) Any present board member appointed initially for a
term of less than four years shall be eligible to serve for two
additional full terms. - }
(3) { - No - } { + A + } member of the board
{ - shall - } { + may not + } serve more than two consecutive
full terms. The completion of the unexpired portion of a full
term { - shall - } { + does + } not constitute a full term
for purposes of this section.
(4) An appointee to a full term on the board shall be appointed
by the Governor before the expiration of the { - terms - }
{ + term + } of the member being succeeded, and shall become a
member of the board on the first day of the state fiscal year
next following the appointment. Appointees to unexpired portions
of full terms shall become members of the board on the day next
following such appointment. In the event the number of board
members is increased, the term of any new member shall commence
at such time as is designated in the statute providing for the
enlargement of the board.
(5) Each term of office on the board { - shall expire - }
{ + expires + } at midnight on the last day of the state fiscal
year in the final year of the board member's term or on the date
the successor is appointed and qualified, except for Senate
confirmation, whichever
{ - shall later occur - } { + occurs later + }.
(6) The Governor may remove a member of the board, pursuant to
the procedures set forth in subsection (7) of this
section { + , + } upon one or more of the following grounds:
(a) The refusal or inability for any reason of { - a - }
{ + the + } board member to perform the duties of a member of
the board in an efficient, responsible and professional manner;
(b) The misuse of office by { - a member of the board - }
{ + the board member + } to obtain personal, pecuniary or
material gain or advantage for self or for another through such
office; or
(c) The violation by { - any - } { + the board + } member
of { + any provision of + } this chapter or any of the rules
adopted { - hereunder - } { + under this chapter + }.
(7) The procedures shall be as stated in ORS chapter 183 to
remove a member of the board from office for any of the grounds
specified by subsection (6) of this section.
SECTION 3. { + (1) Notwithstanding the term of office
specified in ORS 689.125, of the pharmacy technician members
added to the State Board of Pharmacy by the amendments to ORS
689.115 by section 1 of this 2009 Act:
(a) One shall serve for a term ending June 30, 2012.
(b) One shall serve for a term ending June 30, 2013.
(2) The terms of office specified in subsection (1) of this
section shall commence on July 1, 2010.
(3) Notwithstanding the limitation in ORS 689.125 (3) on the
term of service, a member added to the board under this section
is eligible to serve for two additional full terms. + }
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