Grounds for discipline; investigation; procedure as contested case

(1) The State Board of Pharmacy may refuse to issue or renew, or may suspend, revoke or restrict the license of any person or the certificate of registration of any drug outlet upon one or more of the following grounds: (a) Unprofessional conduct as that term is defined by the rules of the board. (b) Repeated or gross negligence. (c) Incapacity of a nature that prevents a person from engaging in the activity for which the person is licensed with reasonable skill, competence and safety to the public. (d) Impairment as defined in ORS 676.303. (e) Subject to subsection (4) of this section, being found guilty by the board of a violation of subparagraph (B) of this paragraph, or by a court of competent jurisdiction of one or more of the following: (A) A felony, as defined by the laws of this state; or (B) Violations of the pharmacy or drug laws of this state or rules pertaining thereto, or of statutes, rules or regulations of any other state, or of the federal government. (f) Fraud or intentional misrepresentation by a licensee or registrant in securing or attempting to secure the issuance or renewal of a license. (g) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license, or falsely using the title of pharmacist. (h) Aiding and abetting an individual in performing the duties of a pharmacy technician without licensing. (i) Being found by the board to be in violation of any of the provisions of ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 or this chapter or rules adopted pursuant to ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.744, 475.752 to 475.980 and this chapter. (j) Disciplinary action by another state regarding a license, based upon acts by the licensee similar to acts described in this subsection, unless the disciplinary action resulted solely from the licensee’s provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the licensee provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service. A certified copy of the record of disciplinary action of the state taking the disciplinary action is conclusive evidence thereof. (2) Upon receipt of a complaint under this chapter, the board shall conduct an investigation as described under ORS 676.165. (3) Actions taken under subsection (1) of this section shall be considered a contested case under ORS chapter 183. (4) The board may not suspend or revoke a person’s license, or refuse to grant a license to a person, because of a conviction resulting solely from the person’s provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service.