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NORTHWEST CONNECTION v. BOARD OF PHARMACY

CA A64960.

814 P.2d 191 (1991)

108 Or.App. 320

NORTHWEST CONNECTION, Inc., a Corporation, Petitioner, v. BOARD OF PHARMACY, Respondent.

Court of Appeals of Oregon.

Decided July 31, 1991.

Attorney(s) appearing for the Case

James M. Brown and Enfield, Guimond & Brown, Salem, filed the brief for petitioner.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Meg E. Kieran, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Petitioner, a proprietary drug outlet, seeks review of an administrative rule that makes the generic drug "ephedrine" available by prescription only. OAR 855-50-070(2)(c).1 We hold the rule valid.

At its January, 1990, meeting, the State Board of Pharmacy (board) voted to hold a public hearing on ephedrine, which was then an over-the-counter drug. Various board members expressed concerns that ephedrine was being...

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