| 41 | 71 | | |
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| 42 | 72 | | |
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| 43 | 73 | | |
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| 44 | 74 | | |
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| 45 | 75 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 46 | 76 | | SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.7, is |
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| 47 | 77 | | amended to read as follows: |
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| 48 | 78 | | Section 353.7. The State Board of Pharmacy shall have the powe r |
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| 49 | 79 | | and duty to: |
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| 50 | 80 | | 1. Regulate the practice of pharmacy; |
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| 51 | 81 | | 2. Regulate the sale and distribution of drugs, medicines, |
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| 52 | 82 | | chemicals and poisons; |
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| 53 | 83 | | 3. Regulate the dispensing of drugs and medicines in all places |
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| 54 | 84 | | where drugs and medicines are compounded and/or dis pensed; |
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| 55 | 85 | | 4. Examine and issue appropriate certificates of licensure as |
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| 56 | 86 | | Doctor of Pharmacy to all applicants whom the Board deems qualified |
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| 57 | 87 | | under the provisions of the Oklahoma Pharmacy Act; |
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| 87 | 141 | | pharmacies and other dispensers, medical gas suppliers and medical |
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| 88 | 142 | | gas distributors; |
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| 89 | 143 | | 6. Issue sterile compounding and drug supplier permits for |
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| 90 | 144 | | pharmacies at the fee set by the Board, w ith the expiration date of |
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| 91 | 145 | | such permits to coincide with the pharmacy license annual expiration |
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| 92 | 146 | | date; |
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| 93 | 147 | | 7. Prescribe minimum s tandards with respect to floor space and |
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| 94 | 148 | | other physical characteristics of pharmacies and hospital dr ug rooms |
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| 95 | 149 | | as may be reasonably necessary for the maintenan ce of professional |
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| 96 | 150 | | surroundings and for the protection of the safety and welfare of the |
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| 97 | 151 | | public, and to refuse the issuance of new or re newal licenses for |
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| 98 | 152 | | failure to comply with such standards. Minim um standards for |
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| 99 | 153 | | hospital drug rooms shall be consistent with the State Department of |
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| 100 | 154 | | Health, Hospital Standards, as defined in OAC 310:667; |
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| 101 | 155 | | 8. Authorize its inspectors, compliance officers and duly |
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| 102 | 156 | | authorized representatives to enter and inspect any and all places |
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| 103 | 157 | | including premises, vehicles, equipment, con tents and records, where |
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| 104 | 158 | | drugs, medicines, chemicals or poisons are stored, sold, vended, |
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| 105 | 159 | | given away, compounded, dispensed, manufactu red, repackaged or |
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| 106 | 160 | | transported; |
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| 107 | 161 | | 9. Employ the number of inspect ors and pharmacist complian ce |
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| 108 | 162 | | officers necessary in the investigation of criminal activity or |
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| 138 | 216 | | inspector certified as a peace offic er by the Council of Enforc ement |
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| 139 | 217 | | Education and Training shall have statewide jurisdiction to perform |
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| 140 | 218 | | the duties authorized by this section. In addition, t he inspectors |
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| 141 | 219 | | shall be considered pea ce officers and shall have the same powers |
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| 142 | 220 | | and authority as that granted to peace officers. In addition, such |
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| 143 | 221 | | inspectors or pharmacist compliance officers shall have the |
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| 144 | 222 | | authority to take and copy records and the duty to confiscate all |
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| 145 | 223 | | drugs, medicines, chemicals or poisons found to be stored, sold, |
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| 146 | 224 | | vended, given away, compounded, dispensed or manufactured contrary |
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| 147 | 225 | | to the provisions of the Oklahoma Pharmacy Act; |
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| 148 | 226 | | 10. Investigate complaints, subpoena witnesses and record s, |
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| 149 | 227 | | initiate prosecution and hold hearings; |
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| 150 | 228 | | 11. Administer oaths in all manners pertaining to the af fairs |
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| 151 | 229 | | of the Board and to take evidence and compel the attendance of |
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| 152 | 230 | | witnesses on questions pertaining to the enforcement of the Oklahoma |
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| 153 | 231 | | Pharmacy Act; |
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| 154 | 232 | | 12. Reprimand, place on probation, susp end, revoke permanently |
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| 155 | 233 | | and levy fines not to exceed Three Thous and Dollars ($3,000.00) for |
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| 156 | 234 | | each count for which any person charged with violating the Oklahoma |
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| 157 | 235 | | Pharmacy Act or Oklahoma Board of Pharmacy administrative r ules has |
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| 158 | 236 | | been convicted in Board hear ings. The Board also may take other |
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| 159 | 237 | | disciplinary action. The B oard may impose as part of any |
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| 189 | 291 | | salary and travel expense , witness fees and attorney fees. The |
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| 190 | 292 | | Board may also require ad ditional continuing educ ation including |
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| 191 | 293 | | attendance at a live continuing education program, and may require |
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| 192 | 294 | | participation in a rehabilitation program for t he impaired. The |
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| 193 | 295 | | Board may take such actions singly or in combination, as the nature |
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| 194 | 296 | | of the violation requires; |
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| 195 | 297 | | 13. Adopt and establish rules of profes sional conduct |
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| 196 | 298 | | appropriate to the establishment and maintenance of a high standard |
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| 197 | 299 | | of integrity and dig nity in the profession of pharmacy. Such rules |
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| 198 | 300 | | shall be subject to amendment or repeal by the Board as the need may |
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| 199 | 301 | | arise; |
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| 200 | 302 | | 14. Make and publish rules such as may be necessary for |
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| 201 | 303 | | carrying out and enforcing the provisions of the Oklahoma Pharmacy |
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| 202 | 304 | | Act, Oklahoma drug laws and rules, federal dr ug laws and |
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| 203 | 305 | | regulations, and make such other rules as in its dis cretion may be |
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| 204 | 306 | | necessary to protect the health, saf ety and welfare of the public; |
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| 205 | 307 | | 15. Establish and collect appropriate fees for licenses, |
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| 206 | 308 | | permits, inspections and services provided; and such fees shall be |
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| 207 | 309 | | nonrefundable. Such fees shall be promulgated to implement the |
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| 208 | 310 | | provisions of the Oklahoma Pharmacy Act and the Oklahoma Abortion - |
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| 209 | 311 | | Inducing Drug Certification Program Act under the provisions of the |
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| 210 | 312 | | Administrative Procedures Act; |
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| 239 | 365 | | a. personnel working in a pharmacy, such as interns and |
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| 240 | 366 | | supportive personnel including technicians, and issue |
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| 241 | 367 | | pharmacy technician permits and intern licenses, |
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| 242 | 368 | | b. interns, preceptors and training areas through whic h |
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| 243 | 369 | | the training of applicants occurs for licensure as a |
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| 244 | 370 | | pharmacist, and |
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| 245 | 371 | | c. such persons regarding all aspects relating to the |
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| 246 | 372 | | handling of drugs, medicines, chemicals and poisons; |
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| 247 | 373 | | 17. Acquire by purchase, lease, gift, solicitation of gift or |
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| 248 | 374 | | by any other manner, and to maintain, use and operate or to contract |
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| 249 | 375 | | for the maintenance, use and operation of or l ease of any and all |
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| 250 | 376 | | property of any kind, real, personal or mixed or any interest |
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| 251 | 377 | | therein unless otherwise provided by the Oklahoma Pharmacy Act; |
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| 252 | 378 | | provided, all contracts for real property shall be subject to the |
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| 253 | 379 | | provisions of Section 63 of Title 74 of the Oklahoma Statutes; |
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| 254 | 380 | | 18. Perform other such duties, exercise other such powers and |
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| 255 | 381 | | employ such personnel as the provisions and enforcement of the |
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| 256 | 382 | | Oklahoma Pharmacy Act may require; and |
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| 257 | 383 | | 19. Approve pilot projects designed to utilize new or expanded |
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| 258 | 384 | | technology or processes and provide patients with better pharmacy |
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| 259 | 385 | | products or provide pharmacy services in a more safe and efficient |
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| 260 | 386 | | manner. Such approvals may in clude provisions granting exemptions |
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| 261 | 387 | | to any rule adopted by the Board; |
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| 262 | 388 | | |
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