OAR 855-065-0013: Prohibited Practices

(1) The following practices are expressly prohibited: (a) A wholesale distributor may not purchase drugs from a closed-door pharmacy. (b) A wholesale distributor may not sell, distribute or transfer a drug to a person who is required by the laws and rules of Oregon to be registered with the Oregon Board of Pharmacy and who is not appropriately registered by the Board. Before furnishing a drug to any person not known to the wholesale distributor, the wholesale distributor must verify that the person is legally authorized to receive the drug. (c) A wholesale distributor may not purchase any drug from a person who is required by the laws and rules of Oregon to be registered with the Oregon Board of Pharmacy and who is not appropriately registered by the Board. Before purchasing a drug from any person not known to the wholesale distributor, the wholesale distributor must verify that the person is legally authorized to sell the drug. (d) A Class 1 Wholesaler who is classified as a "Specialty Wholesaler Distributor" as defined in OAR 855-065-005(20) may not: (A) Sell, distribute or transfer a prescription drug to a pharmacy or to a practitioner who is licensed to prescribe the prescription drug, without providing a complete pedigree for the prescription drug, unless the prescription drug was purchased directly from the manufacturer or from the manufacturer's authorized distributor of record. (B) Sell, distribute or transfer a prescription drug to a wholesale distributor, without providing a complete pedigree for the prescription drug. (2) A wholesaler may not perform, cause the performance of, or aid the performance of any of the following: (a) The manufacture, repackaging, sale, delivery, holding, or offering for sale of a drug that is adulterated, misbranded, counterfeit, suspected counterfeit, or is otherwise unfit for distribution. (b) The adulteration, misbranding, or counterfeiting of a drug. (c) The intentional receipt of a drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected product, and the delivery or proffered delivery of the drug for pay or otherwise. (d) The alteration, mutilation, destruction, obliteration, or removal of the whole or a part of the labeling of a drug or the commission of another act with respect to a drug that results in the drug being misbranded. (e) The forging, counterfeiting, simulating, or falsely representing a drug using a mark, stamp, tag, label, or other identification device without the authorization of the manufacturer. (f) The purchase or receipt of a drug from a person that is not registered to distribute drugs to the purchaser or recipient. (g) The sale or transfer of a drug to a person that is not authorized under the law of the jurisdiction in which the person receives the drug, to purchase or receive drugs from the person selling or transferring the drug. (h) The failure to maintain or provide records as required under these rules. (i) Providing the Board, a representative of the Board, or a state or federal official with false or fraudulent records or making false or fraudulent statements regarding a matter related to these rules. (j) Participating in the wholesale distribution of a drug that was: (A) Purchased by a public or private hospital or other health care entity under the terms of an "own-use" contract; or (B) Donated or supplied at a reduced price to a charitable organization; or (C) Stolen or obtained by fraud or deceit; or (D) Illegally imported into the USA. (k) Obtaining or attempting to obtain a drug by fraud, deceit, misrepresentation, or engaging in fraud, deceit, or misrepresentation in the distribution of a drug. (l) Failing to maintain required pedigree records. (m) Receiving a prescription drug through wholesale distribution without receiving a required pedigree attested to as accurate and complete by the wholesale distributor. (n) Distributing a drug that was previously dispensed by a retail pharmacy or a practitioner. (o) Failing to report an act prohibited by any of the rules in OAR 855.065 to the appropriate state or federal authorities.