Oregon Revised Statutes Chapter 735 § 735.533 — Denial, suspension or revocation of license to transact business as pharmacy

Denial, suspension or revocation of license to transact business as pharmacy benefit manager; basis; complaint; rules. (1) In accordance with ORS chapter 183, the Department of Consumer and Business Services may deny an application for a license to transact business as a pharmacy benefit manager or deny an application for renewal of a license to transact business as a pharmacy benefit manager, and may suspend or revoke a license to transact business as a pharmacy benefit manager, if the department finds that an applicant or licensee: (a) Falsified an application for a license or for the renewal of a license or engaged in any dishonest act in relation to the application; (b) Engaged in dishonesty, fraud or gross negligence in the conduct of business as a pharmacy benefit manager; (c) Engaged in conduct that resulted in a conviction of a felony under the laws of any state or of the United States, to the extent that such conduct may be considered under ORS 670.280; (d) Was convicted under the laws of any state or of the United States of any crime of which an essential element is dishonesty or fraud; (e) Had a certificate of authority or authority to conduct business as a pharmacy benefit manager denied, revoked or suspended in another state; (f) Failed to pay a civil penalty imposed by final order of the department or to comply with the terms of suspension set by the department; (g) Failed to meet the terms of a consent decree approved by a court of competent jurisdiction in this state, or a consent order made between the department and the pharmacy benefit manager; (h) Refused to be examined or to produce accounts, records or files for examination, including the refusal by any officer of the applicant or licensee to give information with respect to the affairs of the pharmacy benefit manager, or refused to perform any other legal obligation with respect to an examination by the department; or (i) Violated any provision of the Insurance Code, any rule adopted by the department pursuant to the Insurance Code or any order of the department. (2) The department may prescribe by rule a procedure by which a pharmacy or an entity acting on behalf of a pharmacy may file a complaint with the department alleging that a pharmacy benefit manager has engaged in conduct in violation of ORS 735.530 to 735.552. The department may restrict the right of a pharmacy or entity to file a complaint only to the extent necessary to prevent abuse of the complaint process. [2017 c.73 §2; 2024 c.87 §5] Note: See note under 735.530.