Oklahoma § 59-367.5 - Participation in program voluntary – Acts and

§ 59-367.5. Participation in program voluntary – Acts and

obligations of participating organization – Government reimbursement

not considered resale.

A. Participation in the Utilization of Unused Prescription

Medications Act by pharmacies, nursing homes, assisted living

centers, charitable clinics or prescription drug manufacturers shall

be voluntary. Nothing in the Utilization of Unused Prescription

Medications Act shall require any pharmacy, nursing home, assisted

living center, charitable clinic or prescription drug manufacturer

to participate in the program.

B. A pharmacy or charitable clinic which meets the eligibility

requirements established in the Utilization of Unused Prescription

Medications Act may:

1. Dispense prescription drugs donated under the Utilization of

Unused Prescription Medications Act to persons who are medically

indigent residents of Oklahoma as established in rules by the Board

of Pharmacy; and

2. Charge persons receiving donated prescription drugs a

handling fee established by rule by the Board of Pharmacy.

C. A pharmacy or charitable clinic which meets the eligibility

requirements established and authorized by the Utilization of Unused

Prescription Medications Act which accepts donated prescription

drugs shall:

1. Comply with all applicable federal and state laws related to

the storage and distribution of dangerous drugs;

2. Inspect all prescription drugs prior to dispensing the

prescription drugs to determine that such drugs are not adulterated;

and

3. Dispense prescription drugs only pursuant to a prescription

issued by a health care professional.

D. Prescription drugs donated under the Utilization of Unused

Prescription Medications Act shall not be resold.

E. For purposes of the Utilization of Unused Prescription

Medications Act, reimbursement from governmental agencies to

charitable clinics shall not be considered resale of prescription

drugs.

Added by Laws 2004, c. 374, § 5, emerg. eff. June 3, 2004.

§59-367.5.1. Pharmacies operated by or under contract with

Department of Corrections – Resale or redispensing of prescription

drugs.

A. A pharmacy operated by the Department of Corrections or

under contract with the Department of Corrections or a county jail

may accept for the purpose of resale or redispensing a prescription

drug that has been dispensed and has left the control of the

Oklahoma Statutes - Title 59. Professions and Occupations

pharmacist if the prescription drug is being returned by a state

correctional facility or a county jail that has a licensed

physician's assistant, a registered professional nurse, or a

licensed practical nurse, who is responsible for the security,

handling, and administration of prescription drugs within that state

correctional facility or county jail and if all of the following

conditions are met:

1. The pharmacist is satisfied that the conditions under which

the prescription drug has been delivered, stored and handled before

and during its return were such as to prevent damage, deterioration

or contamination that would adversely affect the identity, strength,

quality, purity, stability, integrity or effectiveness of the

prescription drug;

2. The pharmacist is satisfied that the prescription drug did

not leave the control of the registered professional nurse or

licensed practical nurse responsible for the security, handling, and

administration of that prescription drug and that the prescription

drug did not come into the physical possession of the individual for

whom it was prescribed;

3. The pharmacist is satisfied that the labeling and packaging

of the prescription drug are accurate, have not been altered,

defaced or tampered with, and include the identity, strength,

expiration date and lot number of the prescription drug; and

4. The prescription drug was dispensed in a unit dose package

or unit of issue package.

B. A pharmacy operated by the Department of Corrections or

under contract with the Department of Corrections or a county jail

shall not accept or return prescription drugs as provided under this

section until the pharmacist in charge develops a written set of

protocols for accepting, returning to stock, repackaging, labeling

and redispensing prescription drugs. The written protocols shall be

maintained on the premises and shall be readily accessible to each

pharmacist on duty and available for review by the Board. The

written protocols shall include, but not be limited to:

1. Methods to ensure that damage, deterioration or

contamination has not occurred during the delivery, handling,

storage and return of the prescription drugs which would adversely

affect the identity, strength, quality, purity, stability, integrity

or effectiveness of those prescription drugs or otherwise render

those drugs unfit for distribution;

2. Methods for accepting, returning to stock, repackaging,

labeling and redispensing the prescription drugs returned pursuant

to this section; and

3. A uniform system of recording and tracking prescription

drugs that are returned to stock, repackaged, labeled, and

redistributed pursuant to this section.

Oklahoma Statutes - Title 59. Professions and Occupations

C. If the integrity of a prescription drug and its package is

maintained, a prescription drug returned pursuant to this section

shall be returned to stock and redistributed as follows:

1. A prescription drug that was originally dispensed in the

manufacturer's unit dose package or unit of issue package and is

returned in that same package may be returned to stock, repackaged

and redispensed as needed;

2. A prescription drug that is repackaged into a unit dose

package or a unit of issue package by the pharmacy, dispensed and

returned to that pharmacy in that unit dose package or unit of issue

package may be returned to stock, but it shall not be repackaged. A

unit dose package or unit of issue package prepared by the

pharmacist and returned to stock shall only be redispensed in that

same unit dose package or unit of issue package. A pharmacist shall

not add unit dose package drugs to a partially used unit of issue

package.

D. This section does not apply to any of the following:

1. A controlled dangerous substance;

2. A prescription drug that is dispensed as part of customized

adherence medication packaging;

3. A prescription drug that is not dispensed as a unit dose

package or a unit of issue package; or

4. A prescription drug that is not properly labeled with the

identity, strength, lot number and expiration date.

Added by Laws 2018, c. 106, § 10, eff. Nov. 1, 2018.