ORS 689.527
Prohibited practices

  • rules


Except as approved by rule by the State Board of Pharmacy, a person may not dispense drugs to the public by means of automatic vending machines.


As used in this section, “automatic vending machine” means any mechanical device or contrivance whereby the purchaser is able to secure drugs.


A person may not adulterate for the purpose of sale any drug in such manner as to render it injurious to health, or knowingly sell or offer for sale any adulterated drug.


A person may not manufacture, compound or sell or offer for sale or cause to be manufactured, compounded, sold or offered for sale any drug, compound or preparation for internal or external use under or by a name recognized in the United States Pharmacopoeia, Homeopathic Pharmacopoeia or National Formulary which differs from the standard of strength and purity specified therein as official at the time of manufacture, compounding, sale or offering for sale.


A person may not manufacture, compound, sell or offer for sale, or cause to be manufactured, sold or offered for sale, any drug, the strength and purity of which falls below the professed standard of strength and purity under which it is sold.


A person may not sell, give away, barter, dispense, distribute, buy, receive or possess any prescription drug except as authorized by law.


A manufacturer or wholesaler may not sell or otherwise distribute, or offer to sell or otherwise distribute, any drug or device except to a person legally authorized to resell, dispense or otherwise redistribute such drug or device. The board may grant an exemption from the requirement of this subsection in the form of a special permit if the board finds that an exemption is in the best interest of the public health and safety.


(a) A person may not sell, purchase or trade or offer to sell, purchase or trade any drug sample.


As used in paragraph (a) of this subsection, “drug sample” means a unit of a drug, subject to this chapter, that is not intended to be sold and is intended to promote the sale of the drug, and includes a coupon or other form which may be redeemed for a drug.


For purposes of this section and ORS 678.375 (Nurse practitioners), distribution of prepackaged complimentary samples of medications by a nurse practitioner or clinical nurse specialist with prescription writing authority shall not constitute dispensing when the sample medication is within the prescriptive authority granted to that nurse practitioner or clinical nurse specialist. [Formerly 689.765]

(formerly 689.765)

Atty. Gen. Opinions

Authorizing pharmacist in advance to dispense therapeutically but not generically equivalent drug, (1980) Vol 40, p 474

Chapter 689

Notes of Decisions

Board of Pharmacy had authority to adopt rule making drug ephedrine available by prescription only. Northwest Connection v. Board of Pharmacy, 108 Or App 320, 814 P2d 191 (1991)

Atty. Gen. Opinions

Authority of board to require retail price list of prescription drugs, (1975) Vol 37, p 345; hospital policy requiring pharmacy department to substitute therapeutically equivalent but not generically identical drugs, (1979) Vol 40, p 145; licensing requirements for hospital technicians employed by state correctional facilities, (1987) Vol 45, p 188


Last accessed
Jun. 26, 2021