Oklahoma § 59-353.20 - Pharmaceutical equipment and library required - Scales

§ 59-353.20. Pharmaceutical equipment and library required - Scales

and balances - Sanitary appliances and conditions - Pharmaceutical

records.

Oklahoma Statutes - Title 59. Professions and Occupations

A. Every pharmacy shall have the proper pharmaceutical

equipment so that prescriptions can be filled, and the

practice of pharmacy can be properly conducted. The

State Board of Pharmacy shall prescribe the minimum

professional and technical equipment and library which a

pharmacy shall at all times possess. The premises and

equipment of such pharmacy shall be kept in a clean and

orderly manner. Drugs shall be maintained under

conditions recommended by the manufacturer until

delivery to the patient. No pharmacy license shall be

issued or continued until or unless such pharmacy has

complied with the Oklahoma Pharmacy Act.

B. The Board may from time to time require that scales and

balances be condemned, or other specific equipment changes be made.

Failure by the pharmacy to comply with such requirements within

sixty (60) days may result in revocation of the pharmacy license.

C. Every dispenser shall keep a suitable book, file or record

in which shall be preserved for a period of not less than five (5)

years every prescription compounded or dispensed at the pharmacy,

and the book or file of prescriptions shall at all times be open to

inspection by the members of the Board or its duly authorized

agents.

Added by Laws 1961, p. 451, § 20, emerg. eff. May 22, 1961. Amended

by Laws 1993, c. 199, § 15, emerg. eff. May 24, 1993; Laws 2009, c.

321, § 16, eff. Nov. 1, 2009; Laws 2015, c. 230, § 13, eff. Nov. 1,

2015.

§59-353.20.1. Recording of prescriptions - Prescription label

requirements.

A. Prescriptions received by other than written communication

shall be promptly recorded in writing by the pharmacist. The record

made by the pharmacist shall constitute the original prescription to

be filled by the pharmacist.

B. A filled prescription label shall include the name and

address of the pharmacy of origin, date of filling, name of patient,

name of prescriber, directions for administration, and prescription

number. The symptom or purpose for which the drug is prescribed may

appear on the label if provided by the practitioner and requested by

Oklahoma Statutes - Title 59. Professions and Occupations

the patient or the patient's authorized representative. If the

symptom or purpose for which a drug is prescribed is not provided by

the practitioner, the pharmacist may fill the prescription without

contacting the practitioner, patient, or patient's representative.

Filled prescriptions issued for veterinarian drugs shall be labeled

according to rules promulgated by the Oklahoma State Board of

Veterinary Medical Examiners. The label shall also include the

trade or generic name, prescribed quantity, and prescription

strength of the drug therein contained, except when otherwise

directed by the prescriber. This requirement shall not apply to

prescriptions or medicines and drugs supplied or delivered directly

to patients for consumption on the premises of any hospital or

mental institution. This requirement shall not apply to dialysate

sold, dispensed or delivered in their original, sealed packaging

upon receipt of a prescriber's order.

C. No prescription shall be written in any characters, figures,

or ciphers other than in the English or Latin language generally in

use among medical and pharmaceutical practitioners.

Added by Laws 2015, c. 230, § 14, eff. Nov. 1, 2015. Amended by

Laws 2018, c. 106, § 5, eff. Nov. 1, 2018.

§59-353.20.2. Varying amounts of prescription refills - Pharmacist

discretion – Permissible dispensing without a prescription.

A. Except as provided in subsection C of this section, unless

the prescriber has specified on the prescription that dispensing a

prescription for a maintenance medication in an initial amount

followed by periodic refills is medically necessary, a pharmacist

may exercise his or her professional judgment to dispense varying

quantities of medication per fill-up to the total number of dosage

units as authorized by the prescriber on the original prescription

including any refills.

B. Subsection A of this section shall not apply to scheduled

medications or any medications for which a report is required under

the controlled substance database. Dispensing of medication based

on refills authorized by the physician on the prescription shall be

limited to no more than a ninety-day supply of the medication.

C. 1. A pharmacist may dispense without a prescription one or

more devices or medications as medically necessary to prevent the

death of or serious harm to the health of a patient if the following

conditions are met:

a.

the pharmacy which the pharmacist owns or at which the

pharmacist is employed has a current record of a

prescription for the medication or device prescribed

in the name of the patient who is requesting it, but

the prescription has expired and a refill requires

authorization from the licensed practitioner who

issued the prescription and neither the patient nor

Oklahoma Statutes - Title 59. Professions and Occupations

the pharmacist was able to obtain the refill after

reasonable attempts were made to obtain such refill

and the pharmacist documents such attempts on a form

prescribed by the State Board of Pharmacy,

b.

the failure of the pharmacist to dispense the

medication or device reasonably could result in the

death of or serious harm to the health of the patient,

c.

the device or medication is listed on the formulary

described in paragraph 4 of this subsection,

d.

the patient has been on a consistent medication

therapy as demonstrated by records maintained by the

pharmacy, and

e.

the amount of the medication or device dispensed is

for a reasonable amount of time; provided, if the

patient or pharmacist is unable to obtain a refill

prescription from the patient's licensed practitioner

before the amount prescribed to prevent death or

serious harm to the health of the patient is depleted,

the pharmacist may dispense an additional amount of

the medication or device not more than once in an

amount consistent with past prescriptions of the

patient.

2. The standard of care required of a pharmacist licensed in

this state who is acting in accordance with the provisions of this

subsection shall be the level and type of care, skill and diligence

that a reasonably competent and skilled pharmacist with a similar

background and in the same or similar locality would have provided

under the circumstance.

3. Any pharmacist licensed in this state who in good faith

dispenses one or more medications or devices to a patient pursuant

to the provisions of this subsection shall not be liable for any

civil damages or subject to criminal prosecution as a result of any

acts or omissions except for committing gross negligence or willful

or wanton acts committed in dispensing or failure to dispense the

medication or device.

4. The State Board of Pharmacy shall develop and update as

necessary an inclusionary formulary of potentially life-saving

prescription medications and devices, not to include controlled

dangerous substances, for the purposes of this subsection. Such

medications and devices shall include but not be limited to:

a.

insulin and any devices or supplies necessary for the

administration of insulin,

b.

glucometers and any devices or supplies necessary for

the operation of the glucometer, and

c.

rescue inhalers.

Oklahoma Statutes - Title 59. Professions and Occupations

5. Dispensing in accordance with this subsection shall be

deemed dispensing under a legal prescription for purposes of the

Pharmacy Audit Integrity Act, Section 356 et seq. of this title.

D. Upon receipt of a valid Schedule II opioid prescription

issued pursuant to the provisions of Section 2-309I of Title 63 of

the Oklahoma Statutes, a pharmacist shall fill the prescription to

the specified dose, and shall not be permitted to fill a different

dosage than what is prescribed. However, the pharmacist maintains

the right not to fill the valid opioid prescription.

Added by Laws 2017, c. 234, § 3, eff. Nov. 1, 2017. Amended by Laws

2019, c. 137, § 1, eff. Nov. 1, 2019; Laws 2019, c. 428, § 5, emerg.

eff. May 21, 2019.