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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1217 By: Standridge
AS INTRODUCED
An Act relating to the practice of pharmacy; amending
59 O.S. 2021, Section 353.7 , which relates to powers
and duties of the State B oard of Pharmacy; requiring
Board to ensure certain compl iance; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.7, is
amended to read as follows:
Section 353.7. The State Board of Pharmacy shall have the powe r
and duty to:
1. Regulate the practice of pharmacy;
2. Regulate the sale and distribution of drugs, medicines,
chemicals and poisons;
3. Regulate the dispensing of drugs and medicines in all places
where drugs and medicines are compounded and/or dis pensed;
4. Examine and issue appropriate certificates of licensure as
Doctor of Pharmacy to all applicants whom the Board deems qualified
under the provisions of the Oklahoma Pharmacy Act;
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5. Issue licenses to manufacture rs, repackagers, outsourcing
facilities, wholesale distri butors, third-party logistics providers,
pharmacies and other dispensers, medical gas suppliers and medical
gas distributors;
6. Issue sterile compounding and drug supplier permits for
pharmacies at the fee set by the Board, w ith the expiration date of
such permits to coincide with the pharmacy license annual expiration
date;
7. Prescribe minimum s tandards with respect to floor space and
other physical characteristics of pharmacies and hospital dr ug rooms
as may be reasonably necessary for the maintenan ce of professional
surroundings and for the protection of the safety and welfare of the
public, and to refuse the issuance of new or re newal licenses for
failure to comply with such standards. Minim um standards for
hospital drug rooms shall be consistent with the State Department of
Health, Hospital Standards, as defined in OAC 310:667;
8. Authorize its inspectors, compliance officers and duly
authorized representatives to enter and inspect any and all places
including premises, vehicles, equipment, con tents and records, where
drugs, medicines, chemicals or poisons are stored, sold, vended,
given away, compounded, dispensed, manufactu red, repackaged or
transported;
9. Employ the number of inspect ors and pharmacist complian ce
officers necessary in the investigation of criminal activity or
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preparation of administrative actions at an annual salary to be
fixed by the Board, and to authori ze necessary expenses. Any
inspector certified as a peace offic er by the Council of Enforc ement
Education and Training shall have statewide jurisdiction to perform
the duties authorized by this section. In addition, t he inspectors
shall be considered pea ce officers and shall have the same powers
and authority as that granted to peace officers. In addition, such
inspectors or pharmacist compliance officers shall have the
authority to take and copy records and the duty to confiscate all
drugs, medicines, chemicals or poisons found to be stored, sold,
vended, given away, compounded, dispensed or manufactured contrary
to the provisions of the Oklahoma Pharmacy Act;
10. Investigate complaints, subpoena witnesses and record s,
initiate prosecution and hold hearings;
11. Administer oaths in all manners pertaining to the af fairs
of the Board and to take evidence and compel the attendance of
witnesses on questions pertaining to the enforcement of the Oklahoma
Pharmacy Act;
12. Reprimand, place on probation, susp end, revoke permanently
and levy fines not to exceed Three Thous and Dollars ($3,000.00) for
each count for which any person charged with violating the Oklahoma
Pharmacy Act or Oklahoma Board of Pharmacy administrative r ules has
been convicted in Board hear ings. The Board also may take other
disciplinary action. The B oard may impose as part of any
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disciplinary action th e payment of costs expended by the Board for
any legal fees and costs including, but not limited to, staff time,
salary and travel expense , witness fees and attorney fees. The
Board may also require ad ditional continuing educ ation including
attendance at a live continuing education program, and may require
participation in a rehabilitation program for t he impaired. The
Board may take such actions singly or in combination, as the nature
of the violation requires;
13. Adopt and establish rules of profes sional conduct
appropriate to the establishment and maintenance of a high standard
of integrity and dig nity in the profession of pharmacy. Such rules
shall be subject to amendment or repeal by the Board as the need may
arise;
14. Make and publish rules such as may be necessary for
carrying out and enforcing the provisions of the Oklahoma Pharmacy
Act, Oklahoma drug laws and rules, federal dr ug laws and
regulations, and make such other rules as in its dis cretion may be
necessary to protect the health, saf ety and welfare of the public;
15. Establish and collect appropriate fees for licenses,
permits, inspections and services provided; and such fees shall be
nonrefundable. Such fees shall be promulgated to implement the
provisions of the Oklahoma Pharmacy Act and the Oklahoma Abortion -
Inducing Drug Certification Program Act under the provisions of the
Administrative Procedures Act;
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16. Regulate:
a. personnel working in a pharmacy, such as interns and
supportive personnel including technicians, and issue
pharmacy technician permits and intern licenses,
b. interns, preceptors and training areas through whic h
the training of applicants occurs for licensure as a
pharmacist, and
c. such persons regarding all aspects relating to the
handling of drugs, medicines, chemicals and poisons;
17. Acquire by purchase, lease, gift, solicitation of gift or
by any other manner, and to maintain, use and operate or to contract
for the maintenance, use and operation of or l ease of any and all
property of any kind, real, personal or mixed or any interest
therein unless otherwise provided by the Oklahoma Pharmacy Act;
provided, all contracts for real property shall be subject to the
provisions of Section 63 of Title 74 of the Oklahoma Statutes;
18. Perform other such duties, exercise other such powers and
employ such personnel as the provisions and enforcement of the
Oklahoma Pharmacy Act may require; and
19. Approve pilot projects designed to utilize new or expanded
technology or processes and provide patients with better pharmacy
products or provide pharmacy services in a more safe and efficient
manner. Such approvals may in clude provisions granting exemptions
to any rule adopted by the Board;
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19. Ensure that all licensed pha rmacies that ship drugs into
this state comply with all manufacturer guidelines relating to
packaging and storage of the drugs with no greater than a twelve -
hour deviation from the guidelines, at which time the pharmacy sh all
be in compliance; and
20. Perform other such dutie s, exercise other such powers and
employ such personnel as the provisions and enforcement of the
Oklahoma Pharmacy Act may require .
SECTION 2. This act shall become effective November 1, 2022.
58-2-3241 DC 1/7/2022 9:28:27 AM