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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 370 By: Standridge
AS INTRODUCED
An Act relating to pharmacy; amending 59 O.S. 2011,
Section 353.7, as last amended by Section 4, Chapter
106, O.S.L. 2018 (59 O.S. Su pp. 2020, Section 353.7) ,
which relates to powers and duties of the State Board
of Pharmacy; requiring Board to ensure certain
compliance; and providing an effectiv e date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 353.7, as
last amended by Section 4, Chapter 106, O.S.L. 2018 (59 O.S. Supp.
2020, Section 353.7), is amended to re ad as follows:
Section 353.7. The State Board of Pharmacy shall have the power
and duty to:
1. Regulate the practice of pharmacy;
2. Regulate the sale and distribution of drugs, medicines,
chemicals and poisons;
3. Regulate the dispensi ng of drugs and medicines in all places
where drugs and medicines are compounded and/or dispensed;
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4. Examine and issue appropriate certificates of licensure as
Doctor of Pharmacy to all applicants whom the Board deems qualif ied
under the provisions of th e Oklahoma Pharmacy Act;
5. Issue licenses to manufac turers, repackagers, outsourcing
facilities, wholesale distributors, 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, with the expiratio n date of
such permits to coincide with the pharmacy license annual expiration
date;
7. Prescribe minimum standards with respect to floor space and
other physical characteristics of pharmacies and hospita l drug rooms
as may be reasonably necessary for the maintenance of professional
surroundings and for the protection of the safety and welfare of the
public, and to refuse t he issuance of new or renewal licenses for
failure to comply with such standards. M inimum standards for
hospital drug rooms shall be c onsistent with the State Department of
Health, Hospital Standards, as defined in OAC 310:667;
8. Authorize its inspector s, compliance officers , and duly
authorized representatives to enter and inspect any and all places,
including premises, vehicles, equi pment, contents and records, where
drugs, medicines, chemicals , or poisons are stored, sold, vended,
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given away, compound ed, dispensed, manufactured, r epackaged or
transported;
9. Employ the number of ins pectors and pharmacist compliance
officers necessary in the investigation of criminal activity or
preparation of administrative actions at an annual salary to be
fixed by the Board, and to authorize nec essary expenses. Any
inspector certified as a peace o fficer by the Council of Enforcement
Education and Training shall have statewide jurisdiction to perform
the duties authorized by this section. In addition, the inspectors
shall be considered peace off icers 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, chemica ls or poisons found to be stored, sold,
vended, given away, compounded, dispensed or manufactured contrar y
to the provisions of the Oklahoma Pharmacy Act;
10. Investigate complaints, subpoena witnesses and records,
initiate prosecution, and hold hearings;
11. Administer oaths in all manners pertaining to th e affairs
of the Board and to take evidence and com pel the attendance of
witnesses on questions pertaining to the enforcement of the Oklahoma
Pharmacy Act;
12. Reprimand, place on probation, suspend, r evoke permanently
and levy fines not to exceed Three T housand Dollars ($3,000.00) for
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each count for which any person charged with violating the Oklahoma
Pharmacy Act or Oklahoma Board of Pharmacy administrative rules has
been convicted in Board hearings. The Board also may take other
disciplinary action. T he Board may impose as part of any
disciplinary action the payment of costs expended by the Board for
any legal fees and costs , including, but not limited to, staff time,
salary and travel expense, witn ess fees and attorney fees. The
Board may also requir e additional continuing education , including
attendance at a live continuing education program, and may require
participation in a rehabilitation program for the impaired. The
Board may take such actio ns singly or in combination, as the nature
of the violation requires;
13. Adopt and establish rules of p rofessional conduct
appropriate to the establishment and maintenance of a high standard
of integrity and dignity in the p rofession of pharmacy. Such r ules
shall be subject to amendment or repeal by the Bo ard as the need may
arise;
14. Make and publish ru les such as may be necessary for
carrying out and enforcing the provisions of the Oklahoma Pharmacy
Act, Oklahoma drug la ws and rules, federal drug law s and
regulations, and make such other rules as in its discretion may be
necessary to protect the health, safety, and welfare of the public;
15. Establish and collect appropriate fees for licenses,
permits, inspections , and services provided; and such fee s shall be
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nonrefundable. Such fees shall be promulga ted to implement the
provisions of the Oklahoma Pha rmacy Act under the provisions of the
Administrative Procedures Act;
16. Regulate:
a. personnel working in a pharmacy, s uch as interns and
supportive personnel, including technicians, and issue
pharmacy technician permits and intern licenses,
b. interns, preceptors and training areas through which
the training of applicants occurs for licensure as a
pharmacist, and
c. such persons regarding all aspects relating to the
handling of drugs, medicines, chemical s, and poisons;
17. Acquire by purchase, lease, gi ft, 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 lease of any and all
property of any kind, real, personal or mi xed or any interest
therein unless otherwise provid ed 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 ot her such powers and
employ such personnel as the pr ovisions and enforcement of the
Oklahoma Pharmacy Act may require; and
19. Approve pilot projects designed to utilize n ew or expanded
technology or processes and provide patients with better pharmacy
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products or provide pharmacy services in a more safe an d efficient
manner. Such approvals may include provisions granting exemptions
to any rule adopted by the Board ;
19. Understanding the health hazards that would result if suc h
guidelines were not enforced , ensure that all licensed pharmacie s
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 guidel ines, at which
time the pharmacy shall be in compliance; and
20. Perform other such dutie s, exercise other such powers and
employ such personnel as the provis ions and enforcement of the
Oklahoma Pharmacy Act may require .
SECTION 2. This act shall become effective November 1, 2 021.
58-1-593 DC 1/12/2021 12:57:30 PM