Oklahoma § 56-204 - Vendor drug program - Exemption of certain drugs

§ 56-204. Vendor drug program - Exemption of certain drugs

A. Except as otherwise provided, the Oklahoma Health Care

Authority shall be authorized and directed to establish a vendor

drug program to provide any drugs that have been approved and

designated as safe and effective by the federal Food and Drug

Administration, and that are prescribed by a licensed medical,

dental, podiatric or osteopathic practitioner for eligible

recipients of assistance payments suffering from painful or lifeendangering diseases or other persons who are suffering from a

catastrophic illness.

B. The Authority shall, in accordance with federal law, not be

obligated to cover any outpatient drugs of a manufacturer which has

not entered into or which does not have in effect a rebate agreement

with the Secretary of Health and Human Services on behalf of the

state.

C. Such program shall, to the fullest extent possible, be

established and maintained in conjunction with existing federal

programs of prescribed drugs so as to earn the maximum of federal

financial participation. Exempt from the provisions of this section

are the following drugs or classes of drugs, or their medical uses:

1. Agents when used for anorexia or weight gain;

2. Agents when used to promote fertility;

3. Agents when used for cosmetic purposes or hair growth;

Oklahoma Statutes - Title 56. Poor Persons

4. Agents when used for the symptomatic relief of coughs and

colds;

5. Agents when used to promote smoking cessation;

6. Prescription vitamins and mineral products, except prenatal

vitamins and fluoride preparations;

7. Nonprescription drugs;

8. Covered outpatient drugs when the manufacturer seeks to

require as a condition of sale that associated tests or monitoring

services be purchased exclusively from the manufacturer or its

designee;

9. Drugs described in paragraph 3 of subsection c of Section

107 of the Drug Amendments of 1962, 21 U.S.C., Section 107(c)(3),

and identical, similar or related drugs, within the meaning of

paragraph 1 of subsection b of Section 310.6 of Title 21 of the Code

of Federal Regulations;

10. Barbiturates; or

11. Benzodiazepines;

provided, however, the Authority shall be authorized to include

specific drugs within these categories for reimbursement based upon

specific medical need.

D. The Authority shall be authorized to establish a prospective

drug utilization review program for the H2 Antagonists; provided

that such limitations are in compliance with federal Food and Drug

Administration Agency-approved product labeling.

Added by Laws 1975, p. 737, S.J.R. No. 9, § 1, emerg. eff. March 10,

1975. Amended by Laws 1988, c. 326, § 16, emerg. eff. July 13,

1988; Laws 1990, c. 256, § 1, eff. Sept. 1, 1990; Laws 1991, c. 196,

§ 1, emerg. eff. May 16, 1991; Laws 1993, c. 142, § 1, emerg. eff.

May 4, 1993; Laws 1995, c. 161, § 1, emerg. eff. May 2, 1995.