| 43 | | - | [ Oklahoma Pharmacy Act - unlawful acts by licens ees |
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| 44 | | - | - restrictions or conditions imposed by pharmacy |
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| 45 | | - | benefits manager - effective date ] |
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| 41 | + | |
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| 42 | + | An Act relating to professions and occupations; |
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| 43 | + | amending 59 O.S. 2021, Section 353.24, which relates |
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| 44 | + | to the Oklahoma Pharmacy Act; modifying provisions |
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| 45 | + | related to unlawful acts by licens ees or other |
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| 46 | + | persons; providing certain restrictions or conditions |
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| 47 | + | imposed by pharmacy benefits manager to be un lawful; |
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| 48 | + | and providing an effective date. |
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| 49 | + | |
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| 50 | + | |
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| 46 | 51 | | |
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| 47 | 52 | | |
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| 48 | 53 | | |
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| 49 | 54 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 50 | 55 | | SECTION 1. AMENDATORY 59 O.S. 2021, Section 353 .24, is |
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| 51 | 56 | | amended to read as follows: |
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| 52 | 57 | | Section 353.24 A. It shall be unlawful for any licens ee or |
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| 53 | 58 | | other person to: |
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| 54 | 59 | | 1. Forge or increase the quantity of drug in any prescription, |
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| 55 | 60 | | or to present a prescription bearing forged, fictitious or altered |
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| 56 | 61 | | information or to possess any drug secured by such forged, |
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| 57 | 62 | | fictitious or altered prescription; |
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| 58 | 63 | | 2. Sell, offer for sale, barter or give away any unused |
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| 59 | 64 | | quantity of drugs obtained by prescription, except through a program |
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| 89 | 93 | | 3. Sell, offer for sale, barter or give away any drugs damaged |
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| 90 | 94 | | by fire, water, or other causes without first obtaining the written |
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| 91 | 95 | | approval of the Board or the State Depar tment of Health; |
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| 92 | 96 | | 4. No person, firm or business establis hment shall offer to the |
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| 93 | 97 | | public, in any manner, their services as a "pick-up station" or |
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| 94 | 98 | | intermediary for the purpose of having prescriptions filled or |
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| 95 | 99 | | delivered, whether for profit or gratuitously. Nor may the owner of |
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| 96 | 100 | | any pharmacy or drug store authoriz e any person, firm or business |
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| 97 | 101 | | establishment to act for them in this manner with these exceptions: |
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| 98 | 102 | | a. patient-specific filled prescriptions may be delivered |
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| 99 | 103 | | or shipped to a prescriber 's clinic for pick-up by |
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| 100 | 104 | | those patients whom the prescriber has individua lly |
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| 101 | 105 | | determined and documented do not hav e a permanent or |
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| 102 | 106 | | secure mailing address, |
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| 103 | 107 | | b. patient-specific filled prescriptions for drugs which |
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| 104 | 108 | | require special handling written by a prescriber may |
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| 105 | 109 | | be delivered or shipped to the prescriber's clinic for |
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| 106 | 110 | | administration or pick-up at the prescriber 's office, |
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| 107 | 111 | | c. patient-specific filled prescriptions, including |
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| 108 | 112 | | sterile compounded drugs, may be delivered or shipped |
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| 109 | 113 | | to a prescriber's clinic where they shall be |
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| 110 | 114 | | administered, |
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| 140 | 143 | | or shipped to a prescriber's clinic for administ ration |
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| 141 | 144 | | or final delivery to the patient, |
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| 142 | 145 | | e. patient-specific filled prescriptions for |
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| 143 | 146 | | radiopharmaceuticals may be delivered or shipped to a |
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| 144 | 147 | | prescriber's clinic for administration or pick -up, or |
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| 145 | 148 | | f. patient-specific filled prescriptions may be delivered |
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| 146 | 149 | | or shipped by an Indian Health Services (IHS) or |
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| 147 | 150 | | federally recognized tribal health organization |
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| 148 | 151 | | operating under the IHS in the delivery of the |
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| 149 | 152 | | prescriptions to a pharmacy operated by the IHS or a |
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| 150 | 153 | | federally recognized tribal health organization for |
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| 151 | 154 | | pick-up by an IHS or tribal patient. |
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| 152 | 155 | | However, nothing in this paragrap h shall prevent a pharmacist or |
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| 153 | 156 | | an employee of the pharmacy from personally receiving a p rescription |
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| 154 | 157 | | or delivering a legally fill ed prescription to a residence, office |
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| 155 | 158 | | or place of employment of the patient for whom the prescription was |
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| 156 | 159 | | written. Provided f urther, the provisions of this paragr aph shall |
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| 157 | 160 | | not apply to any Department of Mental Heal th and Substance Abuse |
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| 158 | 161 | | Services employee or any person whose facility contracts with the |
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| 159 | 162 | | Department of Mental Health and Substance Abuse Services whose |
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| 160 | 163 | | possession of any dangerous drug, as defined in Sect ion 353.1 of |
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| 161 | 164 | | this title, is for the purpose of deliv ery of a mental health |
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| 191 | 193 | | being shipped directly from an Oklahoma licensed wholesaler or |
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| 192 | 194 | | distributor registered with the Oklah oma Board of Veterinary Medical |
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| 193 | 195 | | Examiners to a client; provided, such drugs may be dispensed only on |
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| 194 | 196 | | prescription of a licensed veterinarian and only when an existing |
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| 195 | 197 | | veterinary-client-patient relationship exists. Nothing in this |
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| 196 | 198 | | paragraph shall prevent d ialysate and peritoneal dialysis devices |
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| 197 | 199 | | from being shipped directly from an Oklahoma licensed manufacturer, |
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| 198 | 200 | | wholesaler or distributor to an ESRD patient or patient 's designee, |
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| 199 | 201 | | consistent with subsection F of Section 353.18 of this title; |
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| 200 | 202 | | 5. Sell, offer for sale or barter or buy any professiona l |
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| 201 | 203 | | samples except through a program pursuant to the Utilization of |
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| 202 | 204 | | Unused Prescription Medications Act; |
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| 203 | 205 | | 6. Refuse to permit o r otherwise prevent members of the Bo ard |
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| 204 | 206 | | or such representatives thereof from entering and inspecting any and |
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| 205 | 207 | | all places, including premises, vehicles, equipment, contents, and |
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| 206 | 208 | | records, where drugs, medicine, chemicals or poisons are stored, |
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| 207 | 209 | | sold, vended, given away, compounded, dispensed, re packaged, |
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| 208 | 210 | | transported, or manufactured; |
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| 209 | 211 | | 7. Interfere, refuse to participate in, impede or oth erwise |
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| 210 | 212 | | obstruct any inspection, investigation or disciplinary procee ding |
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| 211 | 213 | | authorized by the Oklahoma Pharmacy Act; |
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| 242 | 243 | | Substance Abuse Servic es employee or any person whose facility |
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| 243 | 244 | | contracts with the Department of Mental Health and Substance Abuse |
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| 244 | 245 | | Services whose possession of any dangero us drug, as defined in |
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| 245 | 246 | | Section 353.1 of this title, is for the purpose of delivery of a |
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| 246 | 247 | | mental health consum er's medicine to the consumer's home or |
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| 247 | 248 | | residence; |
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| 248 | 249 | | 9. Fail to establish and maintain effec tive controls against |
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| 249 | 250 | | the diversion of drugs for any othe r purpose than legitimate |
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| 250 | 251 | | medical, scientific or industrial uses as provided by state, federal |
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| 251 | 252 | | and local law; |
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| 252 | 253 | | 10. Fail to have a written drug diversion detectio n and |
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| 253 | 254 | | prevention policy; |
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| 254 | 255 | | 11. Possess, sell, offer for sale, barter or give away any |
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| 255 | 256 | | quantity of dangerous drugs not listed as a schedu led drug pursuant |
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| 256 | 257 | | to Sections 2-201 through 2-212 of Title 63 of the Oklahoma Statutes |
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| 257 | 258 | | when obtained by prescription bea ring forged, fictitious or altered |
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| 258 | 259 | | information. |
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| 259 | 260 | | a. A first violation of this section shall const itute a |
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| 260 | 261 | | misdemeanor and upon conviction shall be punishable by |
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| 261 | 262 | | imprisonment in the county jail for a term no t more |
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| 293 | 293 | | imprisonment in the Department of Corrections for a |
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| 294 | 294 | | term not exceeding five (5) years and a fine in an |
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| 295 | 295 | | amount not more than Two Thousand Do llars ($2,000.00); |
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| 296 | 296 | | 12. Violate a Board order or agreed order ; |
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| 297 | 297 | | 13. Compromise the security of licens ure examination materials; |
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| 298 | 298 | | or |
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| 299 | 299 | | 14. Fail to notify the Board, in writ ing, within ten (10) days |
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| 300 | 300 | | of a licensee or perm it holder's address change. |
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| 301 | 301 | | B. 1. It shall be unlawful for any person o ther than a |
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| 302 | 302 | | licensed pharmacist or physician to certify a prescripti on before |
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| 303 | 303 | | delivery to the patient or the patient's representative or |
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| 304 | 304 | | caregiver. Dialysate and peritoneal dialysis devices supplied |
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| 305 | 305 | | pursuant to the provisions of subsection F of Section 35 3.18 of this |
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| 306 | 306 | | title shall not be required to be certified by a pharma cist prior to |
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| 307 | 307 | | being supplied by a manufacturer, wholesaler or distri butor. |
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| 308 | 308 | | 2. It shall be unlawful for any perso n to institute or manage a |
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| 309 | 309 | | pharmacy unless such person is a licensed pharma cist or has placed a |
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| 310 | 310 | | licensed pharmacist in charge of such pharmacy. |
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| 311 | 311 | | 3. No licensed pharmacist shall manage, supervise or be in |
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| 312 | 312 | | charge of more than one pharmacy. |
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| 344 | 343 | | purchaser, any like dr ug, medicine, chemical or pharmaceuti cal |
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| 345 | 344 | | preparation. |
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| 346 | 345 | | 5. No pharmacy, pharma cist-in-charge or other pers on shall |
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| 347 | 346 | | permit the practice of pharmacy except by a licensed pharmacist or |
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| 348 | 347 | | assistant pharmacist. |
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| 349 | 348 | | 6. No person shall subvert the authority of the ph armacist-in- |
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| 350 | 349 | | charge of the pharmacy by impeding the management of the |
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| 351 | 350 | | prescription department to act in comp liance with federal and state |
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| 352 | 351 | | law. |
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| 353 | 352 | | C. 1. It shall be unlawful for a pharmacy to resell dangerous |
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| 354 | 353 | | drugs to any wholesale distributor. |
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| 355 | 354 | | 2. It shall be unlawful for a wholesale distribu tor to purchase |
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| 356 | 355 | | drugs from a pharmacy. |
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| 357 | 356 | | 3. It shall be unlawful for a ph armacy benefits manager to |
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| 358 | 357 | | impose restrictions or conditions on a pharmacy related to drug |
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| 359 | 358 | | purchase sources or timing of drug purchases for payment of billed |
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| 360 | 359 | | claims for drug products. |
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| 361 | 360 | | SECTION 2. This act shall become effective November 1, 2022. |
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