2021 Oregon Revised Statutes
Chapter 646A - Trade Regulation
Section 646A.683 - Requirement to report increase in drug price; exemptions.


(a) "Drug" has the meaning given that term in ORS 689.005.
(b)(A) "Manufacture" means:
(i) The production, preparation, propagation, compounding, conversion or processing of a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis; and
(ii) The packaging or repackaging of a drug or labeling or relabeling of a drug container.
(B) "Manufacture" does not include the preparation or compounding of a drug by an individual for the individual’s own use or the preparation, compounding, packaging or labeling of a drug:
(i) By a health care practitioner incidental to administering or dispensing a drug in the course of professional practice;
(ii) By a health care practitioner or under the practitioner’s authorization and supervision for the purpose of or incidental to research, teaching or chemical analysis activities and not for sale;
(iii) By a health care service contractor for dispensing to a subscriber or delivery to a health care facility or outpatient clinic owned or operated by the health care service contractor or an affiliate of the health care service contractor;
(iv) By a centralized repackaging operation for distribution to subscribers of health care service contractors or to pharmacies, health care facilities or outpatient clinics whether or not operated by or affiliated with a health care service contractor; or
(v) By a health care facility for dispensing to a patient of the health care facility.
(c) "Manufacturer" means a person that manufactures a prescription drug that is sold in this state.
(d) "Prescription drug" means a drug that must:
(A) Under federal law, be labeled "Caution: Federal law prohibits dispensing without prescription" prior to being dispensed or delivered; or
(B) Under any applicable federal or state law or regulation, be dispensed only by prescription or restricted to use only by health care practitioners.
(e) "Price" means the wholesale acquisition cost as defined in 42 U.S.C. 1395w-3a(c)(6)(B).
(2) At least 60 days before a prescription drug manufacturer increases the price of a prescription drug, as described in subsection (3) of this section, the prescription drug manufacturer shall report to the Department of Consumer and Business Services, in the form and manner prescribed by the department, all the following information about the prescription drug:
(a) The date that the increase will become effective;
(b) The current price of the prescription drug;
(c) The dollar amount of the planned increase in the price of the prescription drug;
(d) A statement of whether the price increase is necessitated by a change to or improvement in the prescription drug and, if so, a description of the change or improvement; and
(e) The year the drug became available for sale in the United States.
(3) Subsection (2) of this section applies to:
(a) An increase in the price of a brand-name prescription drug for which there will be, on the date that the increase goes into effect, a cumulative increase of 10 percent or more or an increase of $10,000 or more in the price of the brand-name prescription drug within a 12-month period beginning on or after July 1, 2019.
(b) An increase in the price of a generic prescription drug for which there will be, on the date that the increase goes into effect, a cumulative increase of 25 percent or more and an increase of $300 or more in the price of the generic prescription drug within a 12-month period beginning on or after July 1, 2019.
(4) Subsection (2) of this section does not apply to a prescription drug that is a retail drug, manufactured by four or more companies, that is:
(a) Marketed and distributed pursuant to an abbreviated new drug application, approved under 21 U.S.C. 355(j);
(b) An authorized generic drug as defined by 41 C.F.R. 447.502; or
(c) A drug that entered the market before the year 1962 and was not originally marketed under a new drug application. [2019 c.436 §2]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 646A - Trade Regulation

Section 646A.030 - Definitions for ORS 646A.030 to 646A.042.

Section 646A.032 - Price list for health spa services.

Section 646A.034 - Contracts; contents.

Section 646A.038 - Moneys paid prior to facility opening; disposition; priority of claim; refund.

Section 646A.050 - Definitions.

Section 646A.052 - Form of purchase agreement.

Section 646A.060 - Purchase of used goods; records; application to pawnbrokers.

Section 646A.064 - Definitions for ORS 646A.064 to 646A.067.

Section 646A.065 - Records required for transactions involving items of precious metal; maintenance required of precious metal secondhand dealer; retention of items of precious metal.

Section 646A.066 - Applicability to local ordinances.

Section 646A.068 - Penalty for violating ORS 646A.065.

Section 646A.070 - Sale of telephonic equipment; disclosure requirements; enforcement; penalty.

Section 646A.072 - Exceptions to disclosure requirements.

Section 646A.075 - Required information prior to purchase of dog.

Section 646A.077 - Qualification for full refund; replacement dog; reimbursement for cost of veterinary care; exceptions.

Section 646A.080 - Sale of novelty item containing mercury; penalty.

Section 646A.081 - Prohibition on sale or installation of mercury vapor outdoor lighting fixtures.

Section 646A.082 - Floral retail sales; disclosure of principal place of business; enforcement; penalty.

Section 646A.085 - Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited; attorney fees.

Section 646A.090 - Offer to sell or lease motor vehicle under retail installment contract or lease agreement; return of items if lender does not approve loan; charges for use of vehicle; exceptions.

Section 646A.092 - Advertisements for sale or lease of motor vehicle; exceptions.

Section 646A.093 - Disclosures for handling and shipping consumer goods required in advertisements, offers and sales; penalty.

Section 646A.095 - Disclosure required when purchaser of product offered technical support through information delivery system.

Section 646A.097 - Payment of sales commissions following termination of contract between sales representative and principal; definitions; civil action.

Section 646A.100 - Definitions for ORS 646A.100 to 646A.110.

Section 646A.102 - Notice of intent to conduct going out of business sale; display and filing; exceptions; prohibited activities.

Section 646A.104 - Information required in notice of intent.

Section 646A.108 - Prohibited conduct.

Section 646A.110 - Applicability of ORS 646A.100 to 646A.110 and 646A.112.

Section 646A.112 - Injunction of sham sale; evidence; attorney fees; defense; definitions.

Section 646A.115 - Software prohibited that interferes with sale of admission tickets to entertainment events; unlawful practice.

Section 646A.120 - Definitions for ORS 646A.120 to 646A.134.

Section 646A.122 - Applicability of ORS 646A.120 to 646A.134.

Section 646A.124 - General disclosure requirements.

Section 646A.126 - Specific disclosure requirements.

Section 646A.128 - Provisions prohibited in lease-purchase agreements.

Section 646A.130 - Reinstatement of lease-purchase agreement by consumer; receipt for each payment.

Section 646A.132 - Renegotiation or extension of lease-purchase agreement.

Section 646A.134 - Disclosures required in advertisement for lease-purchase agreements.

Section 646A.140 - Definitions for ORS 646A.140 and 646A.142.

Section 646A.142 - Rental vehicle collision damage waiver notice.

Section 646A.150 - Applicability of ORS 646A.150 to 646A.172.

Section 646A.152 - Definitions for ORS 646A.150 to 646A.172.

Section 646A.154 - Service contract defined; registration; proof of financial stability; bond; action; rules; applicability of Insurance Code.

Section 646A.156 - Required contents of service contracts.

Section 646A.158 - Prohibited conduct.

Section 646A.160 - Service contract obligor as agent of insurer; indemnification or subrogation rights of insurer.

Section 646A.162 - Investigation of violations; inspection of records; subpoenas; discontinue or desist order; civil penalties.

Section 646A.164 - Complaints and investigations confidential; exceptions.

Section 646A.166 - Refusal to continue or suspension or revocation of registration.

Section 646A.168 - Assessment fee; rules; purpose; registration fee.

Section 646A.172 - Rules; exemption of certain obligors.

Section 646A.200 - Definitions for ORS 646A.202 and 646A.204.

Section 646A.204 - Customer information.

Section 646A.210 - Requiring credit card number as condition for accepting check or share draft prohibited; exceptions.

Section 646A.214 - Verification of identity in credit or debit card transactions.

Section 646A.220 - Credit card solicitation; required disclosure; definitions.

Section 646A.222 - Charge card solicitation; required disclosure; definitions.

Section 646A.230 - Action by Attorney General or district attorney; civil and criminal penalties.

Section 646A.240 - Treatment of child support obligations by creditor in applications for extensions of credit.

Section 646A.244 - Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses.

Section 646A.274 - Definitions for ORS 646A.276 and 646A.278.

Section 646A.276 - Sale of gift card that expires, declines in value, includes fee or does not give option to redeem.

Section 646A.278 - Requirements for sale of gift card that expires.

Section 646A.280 - Definitions for ORS 646A.280 to 646A.290.

Section 646A.282 - Simulated invoices prohibited.

Section 646A.284 - Cause of action by Attorney General; judgment; attorney fees.

Section 646A.286 - Cause of action by private party; judgment; attorney fees.

Section 646A.288 - Presumptions in cause of action brought under ORS 646A.284 or 646A.286.

Section 646A.290 - Construction; other remedies.

Section 646A.293 - Definitions for ORS 646A.293 and 646A.295.

Section 646A.295 - Prohibited actions; requirements; timing; failure to obtain consent; exceptions.

Section 646A.300 - Definitions for ORS 646A.300 to 646A.322.

Section 646A.304 - Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement.

Section 646A.306 - Repurchase of inventory by supplier; effect of new retailer agreement.

Section 646A.308 - Civil action for supplier’s failure to pay; venue.

Section 646A.310 - Prohibited conduct by supplier.

Section 646A.312 - Termination, cancellation or nonrenewal of retailer agreement; notice; good cause.

Section 646A.314 - New or relocated dealership; notice; area of responsibility.

Section 646A.316 - Warranty claims; payment; time for completion.

Section 646A.318 - Warranty claims; processing.

Section 646A.320 - Retailer’s improvements to products.

Section 646A.322 - Remedies; arbitration; cause of action; attorney fees; injunctive relief.

Section 646A.325 - Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer.

Section 646A.340 - Definitions for ORS 646A.340 to 646A.348.

Section 646A.342 - Prohibited conduct; required verifications and notice.

Section 646A.344 - Bond or letter of credit; action; exceptions.

Section 646A.348 - Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs.

Section 646A.360 - Unsolicited facsimile machine transmissions.

Section 646A.362 - Exclusion of name from sweepstakes promotion mailing list; written request; rules.

Section 646A.370 - Definitions for ORS 646A.370 to 646A.374.

Section 646A.372 - Limits on usage of automatic dialing and announcing device.

Section 646A.374 - Prohibited actions.

Section 646A.400 - Definitions for ORS 646A.400 to 646A.418.

Section 646A.402 - Availability of remedy.

Section 646A.404 - Consumer’s remedies; manufacturer’s affirmative defenses.

Section 646A.405 - Manufacturer action under ORS 646A.404; request to Department of Transportation; notice to buyer; unlawful practice; rules.

Section 646A.406 - Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer.

Section 646A.412 - Action in court; damages if manufacturer does not act in good faith; attorney fees; expert witness fees; costs.

Section 646A.414 - Limitations on actions against dealers.

Section 646A.416 - Limitation on commencement of action.

Section 646A.430 - Definitions for ORS 646A.430 to 646A.450.

Section 646A.432 - Applicability of ORS 646A.430 to 646A.450; applicability of other law.

Section 646A.434 - Sale of vehicle protection product; conditions and requirements.

Section 646A.436 - Warrantor registration; requirements; expiration; fees; rules.

Section 646A.438 - Reimbursement insurance; requirements; insurer qualifications.

Section 646A.440 - Required provisions of reimbursement insurance policy; cancellation; notice.

Section 646A.444 - Recordkeeping requirements for warrantor; record retention.

Section 646A.446 - Prohibited conduct for warrantor.

Section 646A.448 - Prohibited activities.

Section 646A.450 - Rules; investigative powers of department.

Section 646A.460 - Definitions for ORS 646A.460 to 646A.476.

Section 646A.462 - Express warranty; duration.

Section 646A.464 - Repair of assistive device.

Section 646A.466 - Replacement or refund after attempt to repair.

Section 646A.468 - Procedures for replacement or refund.

Section 646A.470 - Sale or lease of returned assistive device.

Section 646A.472 - Dispute resolution.

Section 646A.476 - Civil action for damages; attorney fees; limitation on actions.

Section 646A.480 - Definitions for ORS 646A.480 to 646A.495.

Section 646A.482 - Estimate required before beginning work; contents; evaluation.

Section 646A.486 - Prohibited actions if estimate exceeds $200; revision of estimate; methods to obtain owner authorization.

Section 646A.490 - Additional prohibited actions; reassembly required; copies.

Section 646A.495 - Owner designee; waiver of authorization requirement.

Section 646A.500 - Legislative findings; declaration of purpose.

Section 646A.504 - Definitions for ORS 646A.500 to 646A.514.

Section 646A.506 - Prohibited conduct.

Section 646A.508 - Penalties.

Section 646A.510 - Exemptions.

Section 646A.525 - Definitions for ORS 646A.525 to 646A.535.

Section 646A.530 - Prohibited sales of certain children’s products; recall notices and warnings; disposal of recalled children’s products; compliance with warning instructions.

Section 646A.540 - Definitions; labeling and packaging requirements; preemption.

Section 646A.542 - Requirement to document compliance.

Section 646A.544 - Local government enforcement; notice required; penalties.

Section 646A.555 - License to engage in business activity not required for individual under 17 years of age.

Section 646A.560 - Legislative findings.

Section 646A.562 - Definitions for ORS 646A.560 to 646A.566.

Section 646A.564 - Standards for mercury content in electric lamps; exceptions.

Section 646A.575 - Definitions for ORS 646A.575 to 646A.590.

Section 646A.577 - Limited license required; application; fee; renewal; prohibited representations.

Section 646A.580 - Cost of coverage; billing requirements; remission to insurer or supervising entity; funds held in trust; compensation.

Section 646A.582 - Written disclosure requirements.

Section 646A.585 - Exceptions to license requirement; prohibited representations; acts of employees.

Section 646A.588 - Restrictions on modification or termination of coverage; notice; consent to notice.

Section 646A.592 - Enforcement.

Section 646A.602 - Definitions for ORS 646A.600 to 646A.628.

Section 646A.604 - Notice of breach of security; delay; methods of notification; contents of notice; application of notice requirement.

Section 646A.606 - Security freeze; requirements; proof of authority; effect.

Section 646A.608 - Deadline for placing security freeze; protective record creation; use and release of information; confirmation; personal identification number; exception; lifting and removal.

Section 646A.610 - Fees not permitted.

Section 646A.612 - Conditions for lifting or removing security freeze.

Section 646A.614 - Effect of security freeze on use of consumer reports or protective records.

Section 646A.618 - Prohibition on changes to consumer report subject to security freeze; entities subject to requirement to place security freeze.

Section 646A.620 - Prohibition on printing, displaying or posting Social Security numbers; exemptions.

Section 646A.622 - Requirement to develop safeguards for personal information; conduct deemed to comply with requirement; defenses.

Section 646A.624 - Powers of director; penalties.

Section 646A.628 - Allocation of moneys.

Section 646A.640 - Definitions.

Section 646A.643 - License requirement to engage in debt buying; exemptions.

Section 646A.646 - License application; requirements; application through Nationwide Multistate Licensing System; fee; insurance; license renewal; director’s investigation; license term; suspension or revocation; rules.

Section 646A.649 - Licensee’s principal place of business and registered agent; assumed business name; display of license; rules.

Section 646A.652 - Required notices.

Section 646A.655 - Compliance with director’s standards; rules.

Section 646A.658 - Prohibited practices.

Section 646A.661 - Director’s supervisory authority; examinations and investigations; referral to Attorney General; costs of examination or investigation; consultation and cooperation with trade association and members of public.

Section 646A.664 - Enforcement actions; penalties.

Section 646A.667 - Preemption.

Section 646A.670 - Legal action to collect debt; requirements for pleadings; judgments; attorney fees.

Section 646A.677 - Requirement to screen for financial assistance before transferring medical debt for collection; permitted interest rate; unlawful collection practices.

Section 646A.683 - Requirement to report increase in drug price; exemptions.

Section 646A.689 - Requirement to report certain information concerning drug manufacturing and pricing; contents of report; penalty; rules.

Section 646A.692 - Civil penalty.

Section 646A.693 - Prescription Drug Affordability Board; membership and qualifications of members; terms of office; duties; conflicts of interest; rules.

Section 646A.694 - Annual affordability determination for identified drugs and insulin products; criteria for and limitations on determination; confidentiality; rules.

Section 646A.695 - Annual fees assessed against drug manufacturers; rules.

Section 646A.696 - Report to Health Care Cost Growth Target program and Legislative Assembly; contents of report.

Section 646A.697 - Study of market for generic drugs; effect of pricing on insurance premiums; report to Legislative Assembly.

Section 646A.702 - Definitions for ORS 646A.702 to 646A.720.

Section 646A.705 - Persons that are not foreclosure consultants.

Section 646A.710 - Foreclosure consulting contract; requirements; void provisions.

Section 646A.715 - Cancellation; effective date; payment for services provided before cancellation or breach; form; sufficiency of notice.

Section 646A.720 - Prohibited acts of foreclosure consultant.

Section 646A.725 - Definitions for ORS 646A.725 to 646A.750.

Section 646A.730 - Persons that are not equity purchasers.

Section 646A.735 - Written contract; requirements; void provisions; power of attorney prohibited.

Section 646A.740 - Cancellation; effective date; rebuttable presumption of delivery; payment for services; form; sufficiency of notice; return of documents.

Section 646A.745 - Required and prohibited acts.

Section 646A.750 - Rebuttable presumptions; accounting; bona fide purchaser; memorandum of agreement; form.

Section 646A.755 - Acts not precluded.

Section 646A.760 - Civil action for damages; attorney fees and costs; limitation on commencement of action.

Section 646A.770 - Definitions.

Section 646A.773 - Applicability of Insurance Code; statement of costs; exemptions.

Section 646A.776 - Required disclosures; cancellation provisions; effect on motor vehicle purchaser’s credit.

Section 646A.779 - Determination of amount of waiver; waivers that are required and waivers that are not required.

Section 646A.781 - Cancellation and expiration; refunds; effect of sale, assignment or transfer.

Section 646A.784 - Reimbursement insurance policies for guaranteed asset protection waivers.

Section 646A.787 - Fiduciary responsibilities.

Section 646A.800 - Late fees on delinquent cable service accounts; amount; disclosure; notice.

Section 646A.801 - Termination of residential cable service or residential telecommunications service for certain persons.

Section 646A.803 - Contest and sweepstakes solicitations; required disclosures; prohibited representations.

Section 646A.806 - Website with photographs and information about arrested persons; requirement to remove photographs and information upon request; penalty.

Section 646A.808 - Obtaining personal information by false representation via electronic media.

Section 646A.810 - Patent infringement claim made in bad faith; enforcement as unlawful practice; limitations; rules.

Section 646A.813 - Security requirements for Internet-connected devices; exemptions; penalty.