Bill Text: OR SB106 | 2013 | Regular Session | Enrolled
Bill Title: Relating to regulatory boards; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB106 Detail]
Download: Oregon-2013-SB106-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 106
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 John A. Kitzhaber,
M.D., for State Board of Pharmacy and State Board of
Chiropractic Examiners)
CHAPTER ................
AN ACT
Relating to regulatory boards; creating new provisions; amending
ORS 684.040, 684.050, 684.054, 684.060, 684.090, 684.155,
689.135, 689.285, 689.486, 689.490 and 689.615; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
FEES COLLECTED BY STATE + }
{ +
BOARD OF CHIROPRACTIC EXAMINERS + }
SECTION 1. ORS 684.040, as amended by section 14, chapter 43,
Oregon Laws 2012, is amended to read:
684.040. (1) { - Any - } { + A + } person applying for a
license to practice chiropractic in this state shall { - make
application to the State Board of Chiropractic Examiners, upon
such form and in such manner as may be provided - } { + apply
to the State Board of Chiropractic Examiners on a form and in the
manner prescribed + } by the board. The application must be
accompanied by { + the following + } nonrefundable fees
{ - of - } :
{ - (a) $150; and - }
{ + (a) An application fee in an amount established by the
board by rule; and + }
(b) The { - amount - } { + fee for a criminal records check
in the amount + } established by the board by rule under ORS
181.534.
(2) Each applicant shall furnish to the board:
(a) Evidence satisfactory to the board of the applicant's good
moral character.
(b) A certificate of proficiency in the fundamental sciences
(Part I, taken subsequent to January 1, 1971) issued to the
applicant by the National Board of Chiropractic Examiners.
(c) Evidence of successful completion of at least two years of
liberal arts and sciences study, in any college or university
accredited by either the Northwest Association of Schools and
Colleges or a like regional association or in any college or
Enrolled Senate Bill 106 (SB 106-INTRO) Page 1
university in Oregon approved for granting degrees by the Oregon
Student Access Commission.
(d) A diploma and transcript, certified by the registrar, or
other documents satisfactory to the State Board of Chiropractic
Examiners evidencing graduation from a chiropractic school or
college approved by the board under the board's academic
standards, or from a school accredited by the Council on
Chiropractic Education or its successor agency, under standards
that are accepted and adopted biennially by the board in the
version applied to that school by the accrediting agency.
(e) A statement of any other health care provider license in
this state held by the applicant, with identifying information
required by the State Board of Chiropractic Examiners.
(3) An applicant meets the requirements of subsection (2)(c) or
(d) of this section if the applicant provides the State Board of
Chiropractic Examiners with documentation of military training or
experience that the board determines is substantially equivalent
to the education required by subsection (2)(c) or (d) of this
section.
(4) The State Board of Chiropractic Examiners may waive the
requirements of subsection (2)(c) of this section for any
applicant for a license to practice chiropractic if the applicant
is licensed in another state and practiced chiropractic in that
state, but the applicant must pass the examination authorized by
ORS 684.050 or by ORS 684.052.
SECTION 2. ORS 684.050 is amended to read:
684.050. (1) { - Examinations for license to practice
chiropractic shall be made by - } The State Board of
Chiropractic Examiners { + shall conduct examinations for a
license to practice chiropractic in this state + } according to
the method deemed to be the most practicable to test the
applicant's qualifications.
(2) The board shall give an examination on subjects described
in subsection (3) of this section. The board shall determine the
passing score. { - The applicant shall, however, be given - }
{ + The board shall give an applicant + } credit for all
sections passed. The board may authorize an applicant to retake
all or part of an examination upon payment of a fee { - not to
exceed $100 - } { + established by the board by rule + }.
(3) The schedule of minimum educational requirements to enable
{ - any - } { + a + } person to practice chiropractic in this
state includes { + :
(a) + } The basic science subjects of anatomy, physiology,
chemistry, pathology and public health and hygiene;
{ - also - }
{ + (b) + } The clinical subjects of physical diagnosis,
differential diagnosis, laboratory diagnosis, theory and practice
of chiropractic, nutrition and dietetics, physiotherapy,
electrotherapy, hydrotherapy, chiropractic orthopedics, written
and practical roentgenology, eye-ear-nose-throat, proctology,
obstetrics and gynecology, minor surgery, jurisprudence,
psychology { - , - } { + and + } office procedure { + ; + }
and
{ + (c) + } Other subjects that the board may, from time to
time, require, except internal medicine and major surgery.
{ + (4) + } The minimum number of academic hours in an
approved chiropractic college may not be less than 4,200 or the
equivalent requirement in semester or quarter credits.
Enrolled Senate Bill 106 (SB 106-INTRO) Page 2
{ + (5) + } The board may recognize a national chiropractic
testing agency for grades received in both basic science and
clinical subjects.
SECTION 3. ORS 684.054 is amended to read:
684.054. (1) Upon complying with ORS 684.040, and earning a
passing grade on the examination authorized by ORS 684.050 or
684.052, an applicant shall be licensed as a chiropractic
physician upon payment of a fee { - of $100 unless the State
Board of Chiropractic Examiners - } { + established by the
State Board of Chiropractic Examiners by rule, unless the
board + } refuses to grant the license on grounds specified in
ORS 684.100.
(2) { - Every - } { + A + } chiropractic physician shall
promptly notify the board of any change in the professional
address of the chiropractic physician.
(3) After meeting the standards of the board { - established
under ORS 684.155 for ancillary personnel, an applicant shall be
certified as ancillary personnel upon payment of a fee of $50.
The annual renewal fee for the certificate is $50. In addition,
the board may charge an application fee of $25 and an examination
fee of $35. - } { + for a chiropractic assistant under ORS
684.155, a person shall be certified as a chiropractic assistant
upon payment of an application fee, examination fee and initial
certificate fee established by the board by rule. The certificate
may be renewed annually upon payment of a fee established by the
board by rule. + }
SECTION 4. ORS 684.060 is amended to read:
684.060. { + (1) + } A person licensed to practice
chiropractic under the laws of { - any other - }
{ + another + } state who demonstrates to the satisfaction of
the State Board of Chiropractic Examiners that the person
possesses qualifications at least equal to those required of
persons eligible for licensing under this chapter and who meets
the requirements of ORS 684.040 may be issued a license to
practice { + chiropractic + } in this state without examination
upon payment of a fee { - of $100. In addition, - }
{ + established by the board by rule.
(2) + } The board may fix the minimum number of years of
practice { + under the laws of another state + } required to
qualify for a license under this section.
SECTION 5. ORS 684.090 is amended to read:
684.090. (1) In addition to meeting the requirements of ORS
684.092, { - each - } { + a + } person practicing
chiropractic { - within - } { + in + } this state shall, on
or before the renewal date of each year after a license is issued
to the person, pay to the State Board of Chiropractic Examiners
an annual registration fee in an amount
{ - determined by rule of the State Board of Chiropractic
Examiners - } { + established by the board by rule + } and
approved by the Oregon Department of Administrative Services.
{ - (2) The maximum annual registration fee for a person
actively practicing chiropractic may not exceed $300. - }
{ - (3) The maximum annual registration fee for a person not
actively practicing chiropractic may not exceed $175. - }
{ - (4) - } { + (2) + } The maximum annual registration fee
for an active senior may not exceed 75 percent of the annual
{ - active - } registration fee.
{ - (5) - } { + (3) + } The board, at least 30 days prior
to the renewal date, shall mail to the last-known professional
address of each
Enrolled Senate Bill 106 (SB 106-INTRO) Page 3
{ - licensed chiropractor in this state - } { + licensee + }
a notice of the requirements of ORS 684.092 and that the
{ + annual + } registration fee will be due on or before the
renewal date next following.
{ - (6) - } { + (4) + } The annual registration fee is
payable only by personal, corporate or certified check,
{ - by - } money order { + , + } { - or by - } credit card
{ + or other electronic method + }.
{ - (7) - } { + (5) + } { - The failure, neglect or
refusal of any - } { + If a + } person holding a license or
certificate to practice under this chapter { + fails + } to pay
the annual { + registration + } fee and to show compliance with
or exemption from the requirement of ORS 684.092
{ - during the time the license remains in force shall cause
the license to expire after a period of 30 days from the renewal
date of the year for which the failure occurs. - } { + before
the renewal date, the license or certificate expires 30 days
after the renewal date. + }
{ - (8) - } { + (6)(a) + } { - The licenses not renewed
on time shall - } { + A license or certificate that is not
renewed on time may + } not be renewed except { + :
(A) + } Upon written application and { - a - } payment to
the board of
{ - the fee for the license category plus a delinquent fee of
$100 for each week or portion thereof, not to exceed $500, - }
{ + a fee established by the board by rule for the late renewal
of the license or certificate; + } and
{ + (B) + } Upon compliance with or exemption from the
requirements of ORS 684.092.
{ + (b) + } A licensee who pays the annual renewal fee and
shows compliance or exemption within 12 months of the expiration
date of the license { - shall - } { + may + } not be required
to submit to an examination for the reissuance of a license.
{ +
CHIROPRACTIC ASSISTANTS + }
SECTION 6. ORS 684.155 is amended to read:
684.155. In addition to any other powers granted by this
chapter, the State Board of Chiropractic Examiners may:
(1) Adopt necessary and proper rules:
(a) { - Establishing - } { + To establish + } standards and
tests to determine the moral, intellectual, educational,
scientific, technical and professional qualifications of
applicants for licenses to practice in this state.
(b) To enforce the provisions of this chapter and to exercise
general supervision over the practice of chiropractic within this
state.
(c) { - (A) - } To establish standards and procedures
{ - to certify ancillary personnel - } { + for certifying
chiropractic assistants + } as qualified to provide
physiotherapy, electrotherapy or hydrotherapy under the direction
of a chiropractic physician, and to establish continuing
education requirements as a condition of maintaining such
certification.
{ - (B) - } { + (d) To establish standards for the use of
ancillary personnel. + } As used in this paragraph, 'ancillary
personnel ' means a chiropractic physician's { - staff - }
personnel who are directed or designated, by spoken or written
Enrolled Senate Bill 106 (SB 106-INTRO) Page 4
words or other means, to follow and carry out the chiropractic
physician's orders or directions.
(2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and place persons on
probation as provided in this chapter.
(3) Without the necessity of prior administrative proceedings
or hearing and entry of an order or at any time during such
proceedings if they have been commenced, institute proceedings to
enjoin the practice of any person operating in violation of this
chapter.
(4) Make its personnel and facilities available to other
regulatory agencies of this state, or other bodies interested in
the development and improvement of the practice of chiropractic
in this state, upon such terms and conditions for reimbursement
as are agreed to by the board and the other agency or body.
(5) Determine the chiropractic schools, colleges and
institutions and the training acceptable in connection with
licensing under this chapter and approve residency, internship
and other training programs carried on by chiropractic schools,
colleges or institutions or chiropractic facilities.
(6) Prescribe the time, place, method, manner, scope and
subjects of examinations under this chapter.
(7) Prescribe all forms that it considers appropriate for the
purposes of this chapter, and require the submission of
photographs and relevant personal history data by applicants for
licenses to practice chiropractic in this state.
(8) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534 require each applicant
for a license or certification, or renewal of a license or
certification, to be fingerprinted.
(9) Subject to ORS 684.150, administer oaths, issue notices and
subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such
other acts as are reasonably necessary to carry out its duties
under this chapter.
(10) Establish specialty certificate requirements within the
practice of chiropractic, adopt rules applicable to specialty
certification and require specialty certification for
chiropractic physicians engaging in practices identified by the
board as requiring specialty certification.
{ +
FEES COLLECTED BY + }
{ +
STATE BOARD OF PHARMACY + }
SECTION 7. ORS 689.135 is amended to read:
689.135. (1) The State Board of Pharmacy shall { - have such
other duties, powers and authority as may be necessary to the
enforcement of this chapter and to the enforcement of board rules
made pursuant thereto, which shall include, but are - }
{ + exercise the duties, powers and authority necessary to
enforce this chapter and to enforce board rules adopted pursuant
to this chapter, including but + } not limited to { - , - } the
following:
(a) { - Cause to have printed and circulated annually - }
{ + Annual printing and circulation of + } copies of any changes
in the laws relating to pharmacy, controlled substances, drugs
and poisons and the rules adopted to enforce { - such - }
Enrolled Senate Bill 106 (SB 106-INTRO) Page 5
{ + the + } laws, and { - set - } { + establishment of + }
reasonable charges { - therefor - } { + for the copies + }.
(b) { - Appoint - } { + Appointment of + } advisory
committees.
(2) The board may join { - such - } professional
organizations and associations organized exclusively to promote
the improvement of the standards of the practice of pharmacy for
the protection of the health and welfare of the public and whose
activities assist and facilitate the work of the board.
(3) In addition to any statutory requirements, the board may
require { - such - } surety bonds as it deems necessary to
guarantee the performance and discharge of the duties of any
officer or employee receiving and disbursing funds.
(4) The executive director of the board shall keep the seal of
the board and shall affix it only in { - such - } { + the + }
manner { - as may be - } prescribed by the board.
(5) The board shall determine within 30 days prior to the
beginning of each state fiscal year the fees to be collected for:
(a) Examinations and reexaminations { - , which fee shall not
exceed $400 - } .
{ - (b) Pharmacist licenses, which fee shall not exceed
$250. - }
{ - (c) Pharmacist licensing by reciprocity, which fee shall
not exceed $300. - }
{ + (b) A pharmacist license.
(c) A pharmacist license acquired through reciprocity. + }
(d) { + An + } intern license { - , which fee shall not
exceed $50 - } .
(e) { + A + } duplicate pharmacist certificate { - , which
fee shall not exceed $50 - } .
(f) { + Late renewal of a + } pharmacist license { - ,
delinquent renewal fee, which fee shall not exceed $50 - } .
(g) Certification of { - approved providers - } { + an
approved provider + } of continuing education courses { - ,
which fee shall not exceed $300 - } .
(h) Registration of { - drug outlets other than
pharmacies - } { + a drug outlet other than a pharmacy + } and
renewal of { + the + } registration { - , which fee shall not
exceed $500 - } .
(i) Initial { + registration of a + } pharmacy or { + an + }
institutional drug outlet { - , which fee shall not exceed
$300 - } .
(j) Annual { + renewal of a + } pharmacy or { + an + }
institutional drug outlet { + registration + } { - , which fee
shall not exceed $300 - } .
(k) { + Late renewal of a + } pharmacy or { + an + }
institutional drug outlet { + registration + } { - delinquent
renewal fee, which fee shall not exceed $200 - } .
{ - (L) Nonprescription drug outlets, which fee shall not
exceed $50. - }
{ + (L) Registration of a nonprescription drug outlet. + }
(m) { + Late renewal of a + } nonprescription drug outlet
{ + registration + } { - delinquent renewal fee, which fee
shall not exceed $50 - } .
(n) Reinspection { - fee, which fee shall not exceed $100 - }
.
{ - (o) Drug outlets, other than pharmacies or institutional
drug outlets, delinquent renewal fee, which fee shall not exceed
$100. - }
Enrolled Senate Bill 106 (SB 106-INTRO) Page 6
{ + (o) Late renewal of registration of a drug outlet, other
than a pharmacy or an institutional drug outlet. + }
(6) All moneys received under ORS 435.010 to 435.130 and
453.185 and this chapter shall be paid into the State Treasury
and placed to the credit of the State Board of Pharmacy Account
to be used only for the administration and enforcement of ORS
435.010 to 435.130 and this chapter.
(7) The board may receive and expend funds, in addition to its
biennial appropriation, from parties other than the state,
provided:
(a) { - Such - } { + The + } moneys are awarded for the
pursuit of a specific objective { - which - } { + that + }
the board is authorized to accomplish by this chapter, or
{ - which - } { + that + } the board is qualified to
accomplish by reason of its jurisdiction or professional
expertise;
(b) { - Such - } { + The + } moneys are expended for the
pursuit of the objective for which they are awarded;
(c) Activities connected with or occasioned by the expenditures
of { - such - } { + the + } funds do not interfere with or
impair the performance of the board's duties and responsibilities
and do not conflict with the exercise of the board's powers as
specified by this chapter;
(d) { - Such - } { + The + } moneys are kept in a separate,
special state account; and
(e) Periodic reports are made to the Governor concerning the
board's receipt and expenditure of { - such - } { + the + }
moneys.
(8) The board may assign to each drug outlet under its
jurisdiction, a uniform state number, coordinated where possible
with all other states { - which - } { + that + } adopt the
same uniform numbering system.
(9) The board or its authorized representatives shall
{ - also - } have { + the + } power to investigate and gather
evidence concerning alleged violations of the provisions of this
chapter or of the rules of the board.
(10) The president and vice president of the board may
administer oaths in connection with the duties of the board.
(11) The books, registers and records of the board as made and
kept by the executive director { + , + } or under the supervision
of the executive director, subject to the direction of the board,
{ - shall be - } { + are + } prima facie evidence of the
matter recorded
{ - therein, - } { + in the books, registers and records, + }
in any court of law.
(12) The board may administer oaths, issue notices and
subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such
other acts as are reasonably necessary to carry out its duties
under this chapter.
(13)(a) Notwithstanding anything in this chapter to the
contrary, whenever a duly authorized representative of the board
finds or has probable cause to believe that any drug or device is
adulterated, misbranded or a new drug, as defined in Section
201(p) of the Federal Food, Drug and Cosmetic Act, for which
there is no approval in effect pursuant to Section 505(b) of the
federal Act nor an approved notice of claimed investigational
exemption pursuant to Section 505(i) of the federal Act, or
otherwise rendered unsafe for use as a result of fire, flood or
other natural disaster, the representative shall affix to such
Enrolled Senate Bill 106 (SB 106-INTRO) Page 7
drug or device a tag or other appropriate marking giving notice
that such article is or is suspected of being adulterated,
misbranded, or otherwise rendered unsafe and has been detained or
embargoed and warning all persons not to remove or dispose of
such article by sale or otherwise until provision for removal or
disposal is given by the board, its agent or the court. No person
shall remove or dispose of such embargoed drug or device by sale
or otherwise without the permission of the board or its agent or,
after summary proceedings have been instituted, without
permission from the court.
(b) When a drug or device detained or embargoed under paragraph
(a) of this subsection has been declared by such representative
to be adulterated, misbranded or a new drug, or rendered unsafe,
the board shall, as soon as practical thereafter, petition the
judge of the circuit court in whose jurisdiction the article is
detained or embargoed for an order for condemnation of such
article. If the judge determines that the drug or device so
detained or embargoed is not adulterated or misbranded or
rendered unsafe, the board shall direct the immediate removal of
the tag or other marking.
(c) If the court finds the detained or embargoed drug or device
is adulterated or misbranded or rendered unsafe, such drug or
device, after entry of the judgment, shall be destroyed at the
expense of the owner under the supervision of a board
representative and all court costs and fees, storage and other
proper expense shall be borne by the owner of such drug or
device. When the adulteration or misbranding can be corrected by
proper labeling or processing of the drug or device, the court,
after entry of the judgment and after such costs, fees and
expenses have been paid and a good and sufficient bond has been
posted, may direct that such drug or device be delivered to the
owner thereof for such labeling or processing under the
supervision of a board representative. Expense of such
supervision shall be paid by the owner. Such bond shall be
returned to the owner of the drug or device on representation to
the court by the board that the drug or device is no longer in
violation of the embargo and the expense of supervision has been
paid.
(d) It is the duty of the Attorney General to whom the board
reports any violation of this subsection to cause appropriate
proceedings to be instituted in the proper court without delay
and to be prosecuted in the manner required by law. Nothing in
this subsection shall be construed to require the board to report
violations whenever the board believes the public's interest will
be adequately served in the circumstances by a suitable written
notice or warning.
(14) Except as otherwise provided to the contrary, the board
shall exercise all of its duties, powers and authority in
accordance with ORS chapter 183.
SECTION 8. ORS 689.285 is amended to read:
689.285. (1) The Legislative Assembly finds and declares that:
(a) The continuous introduction of new medical agents and the
changing concepts of the delivery of health care services in the
practice of pharmacy make it essential that a pharmacist
undertake a continuing education program in order to maintain
professional competency and improve professional skills;
(b) The state has a basic obligation to regulate and control
the profession of pharmacy in order to protect the public health
and welfare of its citizens; and
Enrolled Senate Bill 106 (SB 106-INTRO) Page 8
(c) It is the purpose of this chapter to protect the health and
welfare of Oregon citizens and to ensure uniform qualifications
and continued competency of licensed pharmacists by requiring
participation in a continuing pharmacy education program as a
condition for renewal of licenses to practice pharmacy.
(2) All pharmacists licensed in the State of Oregon on and
after October 3, 1979, shall satisfactorily complete courses of
study and satisfactorily continue their education by other means
as determined by the State Board of Pharmacy in subjects relating
to the practice of the profession of pharmacy in order to be
eligible for renewal of licenses.
(3) In accordance with applicable provisions of ORS chapter
183, the board shall { - make - } { + adopt + } reasonable
rules:
(a) Prescribing the procedure and criteria for approval of
continuing pharmacy education programs, including the number of
hours of courses of study necessary to constitute a continuing
pharmacy education unit and the number of continuing pharmacy
education units required annually for renewal of a pharmacist
license.
(b) Prescribing the scope of the examinations given by the
board including grading procedures.
(c) Prescribing the content of the form to be submitted to the
board certifying completion of an approved continuing pharmacy
education program.
(d) Necessary to carry out the provisions of this chapter.
(e) Prescribing the completion of:
(A) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under ORS 413.570; or
(B) An equivalent pain management education program, as
determined by the board.
(4) In adopting rules pursuant to subsection (3) of this
section, the board shall consider:
(a) The need for formal regularly scheduled pharmacy education
programs.
(b) Alternate methods of study including home-study courses,
seminars or other such programs for those persons who, upon
written application to the board and for good cause shown,
demonstrate their inability to attend regularly scheduled formal
classroom programs.
(c) The necessity for examinations or other evaluation methods
used to ensure satisfactory completion of the continuing pharmacy
education program.
(5) The board may contract for the providing of educational
programs to fulfill the requirements of this chapter. The board
is further authorized to treat funds set aside for the purpose of
continuing education as state funds for the purpose of accepting
any funds made available under federal law on a matching basis
for the promulgation and maintenance of programs of continuing
education. In no instance shall the board require a greater
number of hours of study than it provides or approves in the
State of Oregon and which are available on the same basis to all
licensed pharmacists.
(6) The board may levy an additional fee { - of up to $10 - }
{ + , established by the board by rule, + } for each license
renewal to carry out the provisions of this chapter.
SECTION 9. 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
Enrolled Senate Bill 106 (SB 106-INTRO) Page 9
technician unless licensed to do so under the provisions of this
chapter.
(2) To be licensed to perform the duties of a pharmacy
technician, a person shall:
(a) Submit a license application in the manner prescribed by
the State Board of Pharmacy; and
(b) Pay the license fee established by the board.
(3) The license application prescribed by the board shall
include, but not be limited to:
(a) The name and address of the applicant;
(b) The educational qualifications of the applicant;
(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 license under this section expires annually. To renew a
license to perform the duties of a pharmacy technician, a person
shall:
(a) Submit the application for renewal of a license in the form
prescribed by the board;
(b) Pay the license renewal fee established by the board;
(c) Pay the fee for { - delinquent - } { + late + } license
renewal, if applicable;
(d) Provide updated information regarding educational
qualifications, work history and criminal arrest and conviction
history; and
(e) Comply with all other requirements for license renewal
established by the board.
(5) No person may employ an individual to perform the duties of
a pharmacy technician unless the individual is licensed to
perform the duties of a pharmacy technician under this chapter.
(6) A person licensed 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 10. ORS 689.490, as amended by section 23, chapter 43,
Oregon Laws 2012, is amended to read:
689.490. (1) In accordance with any applicable provisions of
ORS chapter 183, the State Board of Pharmacy, by rule, shall
establish a licensing system for persons who perform the duties
of a pharmacy technician. The licensing system shall include but
not be limited to the following provisions:
(a) Prescribing the form and content of and the procedures for
submitting an application for the issuance or renewal of a
technician license.
(b) Prescribing the fee for { - the original license and for
renewal of a license in an amount not to exceed $50 and the fee
for delinquent license renewal in an amount not to exceed $50 - }
{ + a license, for renewal of a license and for late renewal of
a license + }.
(c) Allowing an applicant to meet educational and experience
requirements by providing the board with documentation of
military training or experience that is substantially equivalent
to the education or experience required by the board.
(2) The board may refuse to issue or renew, or may suspend,
revoke or restrict a technician license:
(a) For any reason listed under ORS 689.405 (1);
(b) If the applicant is not authorized to work for hire under
Oregon law; or
Enrolled Senate Bill 106 (SB 106-INTRO) Page 10
(c) For any other grounds that the board, in its discretion,
believes would disqualify the applicant for a license.
(3) Denial of a license under subsection (2) of this section
{ - shall be considered - } { + is + } a contested case under
ORS chapter 183.
SECTION 11. ORS 689.615 is amended to read:
689.615. (1) The holder of any certificate or license granted
under this chapter shall display it conspicuously in the pharmacy
or place of business to which it applies.
(2) All pharmacist certificates issued by the State Board of
Pharmacy shall bear the signatures of all members and officers of
the board.
(3) On payment by the applicant of the fee { - prescribed
in - } { + established by the board by rule under + } ORS
689.135, the board may issue a new certificate to a pharmacist if
the applicant has lost the certificate or the certificate has
been destroyed.
{ +
OPERATIVE DATE + }
SECTION 12. { + (1) The amendments to ORS 684.040, 684.050,
684.054, 684.060, 684.090, 684.155, 689.135, 689.285, 689.486,
689.490 and 689.615 by sections 1 to 11 of this 2013 Act become
operative on July 1, 2013.
(2) The State Board of Chiropractic Examiners may take any
action before the operative date specified in subsection (1) of
this section that is necessary to enable the board to exercise,
on and after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the board by the amendments to ORS 684.040, 684.050, 684.054,
684.060, 684.090 and 684.155 by sections 1 to 6 of this 2013 Act.
(3) The State Board of Pharmacy may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the board to exercise, on and after the
operative date specified in subsection (1) of this section, all
the duties, functions and powers conferred on the board by the
amendments to ORS 689.135, 689.285, 689.486, 689.490 and 689.615
by sections 7 to 11 of this 2013 Act. + }
{ +
APPLICABILITY + }
SECTION 13. { + (1) The amendments to ORS 684.040, 684.050,
684.054, 684.060 and 684.090 by sections 1 to 5 of this 2013 Act
apply to fees assessed by the State Board of Chiropractic
Examiners on or after the operative date specified in section 12
of this 2013 Act.
(2) The amendments to ORS 689.135, 689.285, 689.486, 689.490
and 689.615 by sections 7 to 11 of this 2013 Act apply to fees
assessed by the State Board of Pharmacy on or after the operative
date specified in section 12 of this 2013 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 14. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
Enrolled Senate Bill 106 (SB 106-INTRO) Page 11
{ +
EMERGENCY CLAUSE + }
SECTION 15. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
----------
Passed by Senate June 6, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 19, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 106 (SB 106-INTRO) Page 12
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 106 (SB 106-INTRO) Page 13
