Oregon Administrative Rules Chapter 855 - BOARD OF PHARMACY
Oregon Administrative Rules (OAR) Chapter 855 — Board of Pharmacy
I. Overview
Chapter 855 of the Oregon Administrative Rules governs the Board of Pharmacy in Oregon. This Board is responsible for regulating the practice of pharmacy and ensuring that pharmacies, pharmacists, and related entities comply with state laws and standards to protect public health and safety.
II. Purpose and Scope
To license and regulate pharmacists, pharmacy interns, and pharmacies.
To establish standards for the safe handling, storage, and dispensing of drugs.
To enforce compliance with both state statutes and administrative rules related to pharmacy.
To discipline pharmacists or pharmacies for violations of laws or rules.
III. Key Provisions
Licensing and Registration
Requirements for initial licensure, renewal, and continuing education.
Regulations on intern pharmacists and pharmacy technicians.
Standards of Practice
Rules on dispensing prescription drugs accurately.
Requirements for record-keeping and patient confidentiality.
Protocols for compounding medications safely.
Inspections and Investigations
Authority for the Board to inspect pharmacies.
Procedures for investigating complaints against licensees.
Enforcement actions, including suspension or revocation of licenses.
Disciplinary Actions
Grounds for discipline such as fraud, negligence, or criminal conduct.
Procedures for hearings and appeals.
Possible sanctions: warnings, fines, license suspension or revocation.
IV. Enforcement and Due Process
The Board’s actions must comply with due process principles, providing licensees with notice and an opportunity to be heard before adverse actions.
Administrative hearings are conducted to resolve disputes regarding licensing or discipline.
Decisions by the Board can be appealed to the courts.
V. Analogous Case Law Principles
While there may not be direct case law cited from Oregon specific to Chapter 855 here, some general principles from administrative and professional regulation law apply:
Case Concept 1: Licensing Authority and Public Protection
Principle: Administrative boards like the Board of Pharmacy have broad discretion to regulate professions to protect public safety.
Illustration: Courts generally uphold disciplinary actions by boards if supported by evidence and proper procedures.
Case Concept 2: Due Process in Administrative Discipline
Principle: Licensees must receive adequate notice and an opportunity for a fair hearing before a license is suspended or revoked.
Example: If a pharmacist is accused of negligence, the Board must provide clear evidence and follow fair procedures to discipline.
Case Concept 3: Abuse of Discretion
Principle: Courts may overturn Board decisions if there is no substantial evidence, or if the Board acted arbitrarily.
Example: A Board’s revocation of a license without evidence of wrongdoing could be invalidated by a court.
VI. Importance of OAR Chapter 855
Ensures safe pharmaceutical practices to protect patients.
Provides a clear framework for pharmacists and pharmacies to operate lawfully.
Balances public interest with the rights of practitioners through regulated oversight.
Summary Table
| Area | Description |
|---|---|
| Licensing | Requirements and processes for pharmacists and pharmacies |
| Standards of Practice | Safe dispensing, record-keeping, and compounding |
| Inspections | Board’s authority to inspect and investigate |
| Disciplinary Actions | Grounds and procedures for license discipline |
| Due Process | Fair notice and hearing rights for licensees |
| Appeals | Judicial review of Board decisions |
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