Bill Text: OR HB2174 | 2011 | Regular Session | Enrolled
Bill Title: Relating to controlled substances; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-06-28 - Chapter 524, (2011 Laws): Effective date June 28, 2011. [HB2174 Detail]
Download: Oregon-2011-HB2174-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2174
Sponsored by Representative COWAN; Senators MONNES ANDERSON,
VERGER (at the request of Rob Bovett and Oregon Narcotics
Enforcement Association) (Presession filed.)
CHAPTER ................
AN ACT
Relating to controlled substances; creating new provisions;
amending ORS 342.143, 475.125, 475.135, 475.185, 475.245,
475.495, 475.914, 475.967 and 475.973; repealing ORS 475.045;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.495 is amended to read:
475.495. (1) The Illegal Drug Cleanup Fund is established
separate and distinct from the General Fund in the State
Treasury.
(2) The following moneys shall be deposited into the State
Treasury and credited to the Illegal Drug Cleanup Fund:
(a) Moneys recovered or otherwise received from responsible
parties for cleanup costs;
(b) Moneys received from a state agency, local government unit
or any agency of a local government unit for cleanup of illegal
drug manufacturing sites, including moneys received from
forfeiture proceeds under the provisions of ORS 131A.360 and
131A.365;
(c) Moneys received from the federal government for cleanup of
illegal drug manufacturing sites; and
(d) Any penalty, fine or punitive damages recovered under ORS
475.435, 475.455 or 475.485.
(3) The State Treasurer may invest and reinvest moneys in the
Illegal Drug Cleanup Fund in the manner provided by law. Interest
earned by the fund shall be credited to the fund.
(4) The moneys in the Illegal Drug Cleanup Fund are
appropriated continuously to the Department of Environmental
Quality to be used as provided for in subsection (5) of this
section.
(5) Moneys in the Illegal Drug Cleanup Fund may be used for the
following purposes:
(a) Payment of the state's cleanup costs; { - and - }
(b) Funding any action or activity authorized by ORS 475.415 to
475.455, 475.475 and 475.485 { - . - } { + ; and
(c) Funding safety certification training and personal
protective equipment for law enforcement personnel assigned to
respond to illegal drug manufacturing sites. + }
(6) In addition to the purposes provided for in subsection (5)
of this section, moneys in the Illegal Drug Cleanup Fund received
from forfeiture proceeds under the provisions of ORS 131A.360 and
Enrolled House Bill 2174 (HB 2174-A) Page 1
131A.365 may be transferred to the Department of Human Services
to support the administration of the illegal drug manufacturing
cleanup program provided for in ORS 453.855 to 453.912.
(7) The department may not expend more than $250,000 in each
biennium of the forfeiture proceeds that are paid into the
Illegal Drug Cleanup Fund by political subdivisions under the
provisions of ORS 131A.360. If at the end of a biennium more than
$250,000 has been paid into the Illegal Drug Cleanup Fund under
the provisions of ORS 131A.360, the department shall refund to
each political subdivision that made payments into the fund a pro
rata share of the excess amount, based on the amount of
forfeiture proceeds paid into the fund by the political
subdivision.
SECTION 2. ORS 475.245 is amended to read:
475.245. Whenever any person pleads guilty to or is found
guilty of possession of a controlled substance under ORS 475.840
(3), 475.854, 475.864, 475.874, 475.884 or 475.894 { + or
section 10, 15 or 20 of this 2011 Act, of endangering the welfare
of a minor under ORS 163.575 (1)(b), of frequenting a place where
controlled substances are used under ORS 167.222 + } or of a
property offense that is motivated by a dependence on a
controlled substance, the court, without entering a judgment of
guilt and with the consent of the district attorney and the
accused, may defer further proceedings and place the person on
probation. Upon violation of a term or condition of probation,
the court may enter an adjudication of guilt and proceed as
otherwise provided. Upon fulfillment of the terms and conditions,
the court shall discharge the person and dismiss the proceedings
against the person. Discharge and dismissal under this section
shall be without adjudication of guilt and is not a conviction
for purposes of this section or for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime. There
may be only one discharge and dismissal under this section with
respect to any person.
SECTION 3. ORS 475.185 is amended to read:
475.185. (1) Except when dispensed directly by a practitioner
to an ultimate user, { - no - } { + a + } controlled
substance in Schedule II may { + not + } be dispensed without
the written prescription of a practitioner.
(2) In emergency situations, as defined by rule of the State
Board of Pharmacy, Schedule II drugs may be dispensed upon oral
or electronically transmitted prescription of a practitioner,
reduced promptly to writing and filed by the pharmacy.
Prescriptions shall be retained in conformity with the
requirements of ORS 475.165.
{ - No - } { + A + } prescription for a Schedule II substance
may { + not + } be refilled.
(3) Except when dispensed directly by a practitioner to an
ultimate user, a controlled substance included in { - Schedule
III, IV or V, which is a prescription drug, shall - }
{ + Schedule III or IV may + } not be dispensed without a
written, oral or electronically transmitted prescription of a
practitioner. The prescription
{ - shall - } { + may + } not be filled or refilled more than
six months after the date on which it was issued and { - no - }
{ + a + } prescription authorized to be refilled may
{ + not + } be refilled more than five times. Additional
quantities of the controlled substances listed in
Enrolled House Bill 2174 (HB 2174-A) Page 2
{ - Schedule III, IV or V - } { + Schedule III or IV + } may
only be authorized by a practitioner through issuance of a new
prescription.
{ + (4) Except when dispensed directly by a practitioner to
an ultimate user, a controlled substance included in Schedule V
that is a prescription drug may not be dispensed without a
written, oral or electronically transmitted prescription of a
practitioner. The prescription may not be filled or refilled
more than six months after the date on which it was issued and a
prescription authorized to be refilled may not be refilled more
than five times. Additional quantities of the controlled
substances listed in Schedule V may only be authorized by a
practitioner through issuance of a new prescription. + }
{ - (4) - } { + (5) + } A controlled substance
{ - shall - } { + may + } not be delivered or dispensed other
than for a medical purpose.
{ - (5) - } { + (6) + } Except in good faith and in the
course of professional practice only, a practitioner or a
pharmacist may not dispense controlled substances.
{ - (6) - } { + (7) + } Any oral or electronically
transmitted prescription authorized by statute or rule
{ - shall - } { + must + } be stored by electronic means or
reduced promptly to writing and filed by the pharmacy.
{ - (7) - } { + (8) + } Issuance, preparation, labeling,
dispensing, recordkeeping and filing of prescriptions or
medication orders
{ - shall - } { + must + } be in conformance with the
requirements of the federal law and rules of the board.
SECTION 4. { + ORS 475.045 is repealed. + }
SECTION 5. { + Sections 6 to 20 of this 2011 Act are added to
and made a part of ORS 475.846 to 475.894. + }
SECTION 6. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
manufacture oxycodone.
(2) Unlawful manufacture of oxycodone is a Class B felony. + }
SECTION 7. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
manufacture oxycodone within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
(2) Unlawful manufacture of oxycodone within 1,000 feet of a
school is a Class A felony. + }
SECTION 8. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
deliver oxycodone.
(2) Unlawful delivery of oxycodone is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful
delivery of oxycodone is a Class A felony if the delivery is to a
person under 18 years of age. + }
SECTION 9. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
deliver oxycodone within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
(2) Unlawful delivery of oxycodone within 1,000 feet of a
school is a Class A felony. + }
SECTION 10. { + (1) It is unlawful for any person knowingly or
intentionally to possess oxycodone unless the oxycodone was
obtained directly from, or pursuant to, a valid prescription or
order of a practitioner while acting in the course of
Enrolled House Bill 2174 (HB 2174-A) Page 3
professional practice, or except as otherwise authorized by ORS
475.005 to 475.285 and 475.840 to 475.980.
(2) Unlawful possession of oxycodone is a Class C felony. + }
SECTION 11. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
manufacture hydrocodone.
(2) Unlawful manufacture of hydrocodone is a Class C
felony. + }
SECTION 12. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
manufacture hydrocodone within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
(2) Unlawful manufacture of hydrocodone within 1,000 feet of a
school is a Class B felony. + }
SECTION 13. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
deliver hydrocodone.
(2) Unlawful delivery of hydrocodone is a Class C felony.
(3) Notwithstanding subsection (2) of this section, unlawful
delivery of hydrocodone is a Class B felony if the delivery is to
a person under 18 years of age. + }
SECTION 14. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
deliver hydrocodone within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
(2) Unlawful delivery of hydrocodone within 1,000 feet of a
school is a Class B felony. + }
SECTION 15. { + (1) It is unlawful for any person knowingly or
intentionally to possess hydrocodone unless the hydrocodone was
obtained directly from, or pursuant to, a valid prescription or
order of a practitioner while acting in the course of
professional practice, or except as otherwise authorized by ORS
475.005 to 475.285 and 475.840 to 475.980.
(2) Unlawful possession of hydrocodone is a Class A
misdemeanor. + }
SECTION 16. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
manufacture methadone.
(2) Unlawful manufacture of methadone is a Class B felony. + }
SECTION 17. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
manufacture methadone within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
(2) Unlawful manufacture of methadone within 1,000 feet of a
school is a Class A felony. + }
SECTION 18. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
deliver methadone.
(2) Unlawful delivery of methadone is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful
delivery of methadone is a Class A felony if the delivery is to a
person under 18 years of age. + }
SECTION 19. { + (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 to 475.980, it is unlawful for any person to
deliver methadone within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
Enrolled House Bill 2174 (HB 2174-A) Page 4
(2) Unlawful delivery of methadone within 1,000 feet of a
school is a Class A felony. + }
SECTION 20. { + (1) It is unlawful for any person knowingly or
intentionally to possess methadone unless the methadone was
obtained directly from, or pursuant to, a valid prescription or
order of a practitioner while acting in the course of
professional practice, or except as otherwise authorized by ORS
475.005 to 475.285 and 475.840 to 475.980.
(2) Unlawful possession of methadone is a Class C felony. + }
SECTION 21. ORS 342.143 is amended to read:
342.143. (1) No teaching, personnel service or administrative
license { - shall - } { + may + } be issued to any person
until the person has attained the age of 18 years and has
furnished satisfactory evidence of proper educational training.
(2) The Teacher Standards and Practices Commission may require
an applicant for a teaching, personnel service or administrative
license or for registration as a public charter school teacher or
administrator to furnish evidence satisfactory to the commission
of good moral character, mental and physical health, and such
other evidence as it may deem necessary to establish the
applicant's fitness to serve as a teacher or administrator.
(3) Without limiting the powers of the Teacher Standards and
Practices Commission under subsection (2) of this section:
(a) No teaching, personnel service or administrative license or
registration as a public charter school teacher or administrator
{ - shall - } { + may + } be issued to any person who:
(A) Has been convicted of a crime listed in ORS 163.095,
163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.432, 163.433, 163.435, 163.445, 163.465, 163.515, 163.525,
163.547, 163.575, 163.670, 163.675 (1985 Replacement Part),
163.680 (1993 Edition), 163.684, 163.686, 163.687, 163.688,
163.689, 164.325, 164.415, 166.005, 166.087, 167.007, 167.012,
167.017, 167.054, 167.057, 167.062, 167.075, 167.080, 167.090,
475.848, 475.852, 475.858, 475.860, 475.862, 475.864 (4),
475.868, 475.872, 475.878, 475.880, 475.882, 475.888, 475.890,
475.892, 475.904 or 475.906 { + or section 7, 8, 9, 12, 13, 14,
17, 18 or 19 of this 2011 Act + }.
(B) Has been convicted under ORS 161.405 of an attempt to
commit any of the crimes listed in subparagraph (A) of this
paragraph.
(C) Has been convicted in another jurisdiction of a crime that
is substantially equivalent, as defined by rule, to any of the
crimes listed in subparagraphs (A) and (B) of this paragraph.
(D) Has had a teaching, personnel service or administrative
license or registration revoked in another jurisdiction for a
reason that is substantially equivalent, as defined by rule, to a
reason described in ORS 342.175 and the revocation is not subject
to further appeal. A person whose privilege to apply for a
license or registration is denied under this subparagraph may
apply for reinstatement of the privilege as provided in ORS
342.175 (4).
(b) The Teacher Standards and Practices Commission may refuse
to issue a license or registration to any person who has been
convicted of a crime involving the illegal use, sale or
possession of controlled substances.
(4) In denying the issuance of a license or registration under
this section, the commission shall follow the procedure set forth
in ORS 342.176 and 342.177.
Enrolled House Bill 2174 (HB 2174-A) Page 5
(5) The Department of Education shall provide school districts
and public charter schools a copy of the list contained in
subsection (3) of this section.
SECTION 22. ORS 475.967 is amended to read:
475.967. (1) A person commits the crime of possession of a
precursor substance with intent to manufacture a controlled
substance if the person possesses one or more precursor
substances with the intent to manufacture a controlled substance
in violation of ORS 475.840 (1), 475.846, 475.848, 475.866,
475.868, 475.876, 475.878, 475.886 or 475.888 { + or section 6,
7, 11, 12, 16 or 17 of this 2011 Act + }.
(2) Possession of a precursor substance with intent to
manufacture a controlled substance is a Class B felony.
SECTION 23. ORS 475.125 is amended to read:
475.125. (1) Every person who manufactures, delivers or
dispenses any controlled substance within this state or who
proposes to engage in the manufacture, delivery or dispensing of
any controlled substance within this state, must obtain annually
a registration issued by the State Board of Pharmacy in
accordance with its rules.
(2) Persons registered by the board under ORS 475.005 to
475.285 and 475.840 to 475.980 to manufacture, deliver, dispense
or conduct research with controlled substances may possess,
manufacture, deliver, dispense or conduct research with those
substances to the extent authorized by their registration and in
conformity with the other provisions of ORS { - 475.045, - }
475.095 and 475.125 to 475.185 and other applicable laws of this
state.
(3) The following persons need not register and may lawfully
possess controlled substances under ORS 475.005 to 475.285 and
475.840 to 475.980:
(a) An agent or employee of any registered manufacturer,
distributor or dispenser of any controlled substance if the agent
or employee is acting in the usual course of business or
employment.
(b) A common or contract carrier or warehouseman, or an
employee thereof, whose possession of any controlled substance is
in the usual course of business or employment.
(c) An ultimate user or a person in possession of any
controlled substance pursuant to a lawful order of a practitioner
or in lawful possession of a Schedule V substance, unless
otherwise prohibited.
(d) A practitioner otherwise licensed under the laws of this
state and authorized to dispense or administer a controlled
substance by the licensing authority.
(4) The board may waive by rule the requirement for
registration of certain manufacturers or dispensers if it finds
it consistent with the public health and safety.
(5) A separate registration is required at each principal place
of business or professional practice where the applicant
manufactures, delivers or dispenses controlled substances.
(6) The board may inspect the establishment of a registrant or
applicant for registration in accordance with the rules of the
board.
SECTION 24. ORS 475.135 is amended to read:
475.135. (1) The State Board of Pharmacy shall register or
renew the registration of an applicant to manufacture or dispense
controlled substances included in schedules under procedures
defined in ORS 475.035, unless it determines that the issuance of
that registration would be inconsistent with the public interest.
Enrolled House Bill 2174 (HB 2174-A) Page 6
In determining the public interest, the board shall consider the
following factors:
(a) Failure to maintain effective controls against diversion of
controlled substances into other than legitimate medical,
scientific or industrial channels;
(b) Failure to comply with applicable state or local laws;
(c) Any convictions of the applicant under any federal or state
laws relating to any controlled substance;
(d) Past experience in the manufacture, delivery or dispensing
of controlled substances and the existence in the applicant's
establishment of effective controls against diversion;
(e) Furnishing by the applicant of false or fraudulent material
in any application filed under ORS 475.005 to 475.285 and 475.840
to 475.980;
(f) Suspension or revocation of the applicant's federal
registration to manufacture, deliver or dispense controlled
substances as authorized by federal law; or
(g) Any other factors relevant to and consistent with the
public health and safety.
(2) Registration under subsection (1) of this section does not
entitle a registrant to manufacture, deliver or dispense
controlled substances in Schedule I or II other than those
specified in the registration.
(3) Practitioners must be registered to conduct research with
controlled substances in Schedules I through V if they are
authorized to conduct research under the law of this state. The
board need not require separate registration under ORS
{ - 475.045, - } 475.095 and 475.125 to 475.185 for
practitioners engaging in research with controlled substances in
Schedules I through V where the registrant is already registered
under ORS { - 475.045, - } 475.095 and 475.125 to 475.185 in
another capacity. Persons with valid registration from the Drug
Enforcement Administration for research on controlled substances
may conduct research within this state in compliance with other
state law upon furnishing the board evidence of that federal
registration, and are exempt from state prosecution for
possession and distribution of controlled substances to the
extent of the registration. Registration under ORS 475.005 to
475.285 and 475.840 to 475.980 does not exempt the registrant
from compliance with any other relevant law of this state or the
United States, unless such exemption is expressly provided under
ORS 475.005 to 475.285 and 475.840 to 475.980.
(4) Notwithstanding this section, the manufacture, delivery or
dispensing of any controlled substance excluded from any medical
use by federal law is prohibited, except:
(a) For research authorized under subsection (3) of this
section and ORS 475.225; or
(b) As otherwise provided by state or federal law.
(5) Compliance by manufacturers and distributors with the
provisions of the federal law respecting registration, excluding
fees, entitles them to be registered under ORS { - 475.045, - }
475.095 and 475.125 to 475.185.
SECTION 25. ORS 475.914 is amended to read:
475.914. (1) It is unlawful for any person:
(a) Who is subject to ORS { - 475.045, - } 475.095 and
475.125 to 475.185 to deliver or dispense a controlled substance
in violation of ORS 475.185;
(b) Who is a registrant, to manufacture a controlled substance
not authorized by this registration, or to deliver or dispense a
Enrolled House Bill 2174 (HB 2174-A) Page 7
controlled substance not authorized by the registration to
another registrant or other authorized person;
(c) To refuse or fail to make, keep or furnish any record,
notification, order form, statement, invoice or information
required under ORS 475.005 to 475.285 and 475.840 to 475.980;
(d) To refuse an entry into any premises for any inspection
authorized by ORS 475.005 to 475.285 and 475.840 to 475.980; or
(e) To keep or maintain any store, shop, warehouse, dwelling,
building, vehicle, boat, aircraft or other structure or place,
while knowingly permitting persons to use controlled substances
in such places in violation of ORS 475.005 to 475.285 and 475.840
to 475.980, or which is used for keeping or selling them in
violation of ORS 475.005 to 475.285 and 475.840 to 475.980.
(2) Any person who violates this section with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class
C felony.
(b) A controlled substance in Schedule II, is guilty of a Class
A misdemeanor.
(c) A controlled substance in Schedule III, is guilty of a
Class B misdemeanor.
(d) A controlled substance in Schedule IV or V, is guilty of a
Class C misdemeanor.
SECTION 26. ORS 475.973 is amended to read:
475.973. (1)(a) { - Notwithstanding ORS 475.045, - } The
State Board of Pharmacy may not adopt rules that exempt a product
containing ephedrine or pseudoephedrine from classification as a
controlled substance. Except as otherwise provided in this
paragraph, the State Board of Pharmacy shall adopt rules to
classify ephedrine, pseudoephedrine and phenylpropanolamine as
Schedule III controlled substances. The Schedule III
classification may be modified by the State Board of Pharmacy if
the State Board of Pharmacy finds that restrictions on products
containing ephedrine, pseudoephedrine or phenylpropanolamine
under a Schedule III designation do not significantly reduce the
number of methamphetamine laboratories within the state.
(b) Records of transactions involving products containing
ephedrine, pseudoephedrine or phenylpropanolamine are subject to
inspection by the State Board of Pharmacy and law enforcement
agencies. A person required to make or maintain records of
transactions involving products containing ephedrine,
pseudoephedrine or phenylpropanolamine shall forward the records
to the Department of State Police if directed to do so by the
department. Failure to forward records as required by this
paragraph is a Class A misdemeanor.
(2) This section does not apply to products that the State
Board of Pharmacy, upon application of a manufacturer, exempts by
rule because the product is formulated to effectively prevent
conversion of the active ingredient into methamphetamine or its
salts or precursors. Upon notification from the Department of
State Police that the department has probable cause to believe
that a product exempted under this subsection does not
effectively prevent conversion of the active ingredient into
methamphetamine or its salts or precursors, the State Board of
Pharmacy may issue an emergency rule revoking the exemption for
the product pending a full hearing.
SECTION 27. { + Sections 6 to 20 of this 2011 Act and the
amendments to ORS 342.143, 475.185, 475.245, 475.914 and 475.967
by sections 2, 3, 21, 22 and 25 of this 2011 Act apply to conduct
occurring on or after the effective date of this 2011 Act. + }
Enrolled House Bill 2174 (HB 2174-A) Page 8
SECTION 28. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
----------
Passed by House April 27, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 14, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2174 (HB 2174-A) Page 9
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2174 (HB 2174-A) Page 10
