ORS 689.445
Penalties and reinstatement
(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 (License required for manufacture or sale of contraceptives) to 435.030 (Wholesale and manufacturer license), 475.125 (Registration requirements) and 475.135 (Grounds to grant or deny registration) 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)
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 (License required for manufacture or sale of contraceptives) to 435.130 (Jurisdiction over prosecutions), 453.025 (Certain practices not affected by ORS 453.005 to 453.135), 453.045 (Poison registers), 475.035 (Authority to control schedule) to 475.190 (Exception to prescription requirement), 475.744 (Providing hypodermic device to minor prohibited), 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) 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 (Civil penalty procedures).(5)
All penalties recovered under ORS 435.010 (License required for manufacture or sale of contraceptives) to 435.130 (Jurisdiction over prosecutions), 453.025 (Certain practices not affected by ORS 453.005 to 453.135), 453.045 (Poison registers), 475.035 (Authority to control schedule) to 475.190 (Exception to prescription requirement), 475.744 (Providing hypodermic device to minor prohibited), 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) and this chapter shall be deposited into the State Board of Pharmacy Account established in ORS 689.139 (State Board of Pharmacy Account). [1979 c.777 §29; 1985 c.131 §5; 1991 c.734 §75; 1995 c.440 §12; 1997 c.729 §4; 2005 c.726 §12; 2007 c.90 §1]
Source:
Section 689.445 — Penalties and reinstatement, https://www.oregonlegislature.gov/bills_laws/ors/ors689.html.
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