4.3 Grounds for Discipline, Sanctions & Mandatory Reporting Deadlines
Key Takeaways
ORS 689.405 grounds include unprofessional conduct, gross or repeated negligence, impairment, felony or drug-law convictions, licensure fraud and out-of-state discipline.
Oregon civil penalties are capped at $1,000 per violation by an individual and $10,000 per violation by a drug outlet, with 10 days to request a hearing.
Oregon licensees must report their own convictions or felony arrests, and any suspected violation of ORS 475, ORS 689 or OAR 855, within 10 days.
Under ORS 676.150, an Oregon licensee reports another licensee's prohibited or unprofessional conduct to that licensee's board within 10 working days, with good-faith immunity.
Oregon licensees report personal contact and employer changes within 15 days, and confirmed significant drug loss or suspected controlled substance theft within 1 business day.
Why this matters
Area 1.2 includes the "classifications and processes of disciplinary actions" and the duty to report. Oregon combines a pharmacy-specific statute (ORS 689.405 and 689.445) with a cross-board reporting law (ORS 676.150) and the Board's universal reporting rule (OAR 855-104-0010). The deadlines differ by event, and the exam tests them.
Grounds for discipline (ORS 689.405)
The Board may refuse to issue or renew, or may suspend, revoke or restrict, a license or outlet registration for:
- Unprofessional conduct as defined by rule. OAR 855-006-0020 defines it as conduct unbecoming a licensee or detrimental to the public, including conduct contrary to recognized pharmacy ethics or that endangers a patient's health, safety or welfare.
- Repeated or gross negligence.
- Incapacity that prevents safe, competent practice.
- Impairment as defined in ORS 676.303.
- Conviction of a felony, or a violation of pharmacy or drug laws of Oregon, another state or the federal government.
- Fraud or intentional misrepresentation in obtaining or renewing a license.
- Practicing, or aiding another to practice, pharmacy without a license, or falsely using the title pharmacist.
- Aiding someone to perform technician duties without a license.
- Violations of ORS chapters 689 and 475, related statutes, or Board rules.
- Discipline by another state for similar acts. The exception is discipline based solely on providing reproductive or gender-affirming health care that is lawful in Oregon and met the standard of care. Oregon also won't deny or revoke a license for a conviction based solely on such care (ORS 689.405(4)).
Complaints are investigated under ORS 676.165. Discipline proceeds as a contested case under ORS chapter 183.
Available sanctions (ORS 689.445 and 689.832)
| Sanction | Notes |
|---|---|
| Suspension | For a term the Board sets |
| Revocation | A person may later petition for reinstatement at reasonable intervals |
| Restriction | Bars specific acts or ways of practicing |
| Probation | Board supervision for a set period |
| Refusal to renew | |
| Civil penalty | Up to $1,000 per violation by an individual and up to $10,000 per violation by a drug outlet. A person served with a civil-penalty notice has 10 days to request a hearing (ORS 689.832(4)). Violations of the generic substitution statute carry a separate penalty of up to $250 each (ORS 689.854) |
Criminal prosecution can proceed alongside discipline. A pardon does not oblige the Board to restore a license.
Reporting duties
Oregon licensees have several reporting clocks:
| Event | Deadline | Source |
|---|---|---|
| Your own misdemeanor or felony conviction, or a felony arrest | Within 10 days | OAR 855-104-0010(1)(a); ORS 676.150(3) |
| Reasonable cause to believe any violation of ORS 475, ORS 689 or OAR 855 occurred | Within 10 days | OAR 855-104-0010(1)(a)(C); ORS 689.455 |
| Reasonable cause to believe another licensee (of any Oregon health professional regulatory board) engaged in prohibited or unprofessional conduct | Within 10 working days, to that licensee's board | ORS 676.150(2); OAR 855-104-0010(1)(b) |
| Change of legal name, practice name, email, personal phone, physical or mailing address, or employer | Within 15 days | OAR 855-104-0010(1)(c) |
| Confirmed significant drug loss, or any loss related to suspected theft of a controlled substance | Within 1 business day | OAR 855-115-0115 |
| Outlet terminating a licensee (or allowing resignation in lieu) | Within 10 working days | OAR 855-041-1010 |
Under ORS 676.150, prohibited conduct means a criminal act against a patient or client, or one that creates a risk of harm to them. Unprofessional conduct has the same meaning as the Board's definition. Failing to report either is grounds for discipline. Failing to report prohibited conduct is also a Class A violation. Reports are confidential (ORS 676.175), and a licensee who reports in good faith is immune from civil liability. ORS 689.455 separately shields pharmacists and technicians who report suspected pharmacy-law violations in good faith.
A board may not otherwise require licensees to self-report their own criminal conduct, except on applications and through the arrest/conviction duty above (ORS 676.150(8)).
Tip
If the colleague is a nurse, the report goes to the Oregon State Board of Nursing, not the Board of Pharmacy. The ORS 676.150 duty runs to "the board responsible for the licensee."
Duty to cooperate and inspections
Licensees must cooperate with Board investigations (OAR 855-104-0005). Compliance officers must be allowed into any drug outlet at all reasonable hours. They may inspect, photograph, record video and audio, and copy records. Refusing an inspection is grounds for discipline (OAR 855-104-0115).
Exam scenario
A staff pharmacist sees a pharmacist colleague pocket oxycodone tablets on Monday. The witness must report to the Board of Pharmacy within 10 working days. The diversion is criminal conduct that creates a risk of harm, so failing to report could also be a Class A violation. If the theft is confirmed as a controlled substance loss, the pharmacy must notify the Board and DEA within 1 business day. If the colleague is fired, the outlet reports the termination within 10 working days. If the colleague is later convicted, the colleague must self-report within 10 days.
An Oregon pharmacist reasonably believes a physician colleague is prescribing opioids to patients in exchange for cash. Under ORS 676.150, what must the pharmacist do?
Report only to DEA, because the Board of Pharmacy lacks jurisdiction over physicians
Report to the Oregon Medical Board within 10 working days; a good-faith report is immune from civil liability
Report to the Board of Pharmacy within 30 days
Confront the physician first and report only if the conduct continues
What is the maximum civil penalty the Oregon Board of Pharmacy may impose for a single violation committed by a drug outlet?
$1,000
$250
$50,000
$10,000
An Oregon pharmacist is arrested for felony DUII with injury. When must the pharmacist report the arrest to the Board?
Within 10 days of the arrest
Only if convicted
At the next license renewal
Within 1 business day
Sections you finish are checked off in the contents.