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SENATE FLOOR VERSION
February 22, 2021
SENATE BILL NO. 782 By: Garvin of the Senate
and
McEntire of the House
An Act relating to pharmacy; amending 59 O.S. 2011,
Section 367.8, as amended by Section 11, Chapter 106,
O.S.L. 2018 (59 O.S. Supp. 2020, Section 367.8) ,
which relates to maintenance of drugs in emergency
medication kits by pharmacies; specifying entity that
maintains emergency medication kits; authorizing
establishment of certain poli cy and procedures;
requiring certain oversight; providing limits for
certain category of drugs; requiring presc ription and
reporting in specified timeframe; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 367.8, as
amended by Section 11, Chapter 106, O.S.L. 2018 (59 O.S. Supp. 2020,
Section 367.8), is amended to read as follows:
Section 367.8. A. A pharmacy may maintain establish a policy
and procedures to dispense drugs to a ny facility for the maintenance
of the drugs by the facility in an emergency medication kit used at
a facility. The drugs may be used only for the emergency medication
needs of a resident at the facility . A pharmacy may maintain drugs
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in an emergency medication kit for any facility. The pharmacy shall
perform oversight of the maintenance of drugs in an emergency
medication kit.
B. The State Board of Pharmacy shall promulgate rules relating
to emergency medication kits, including, but not limited to:
1. The amount and type of drugs that may be maintained in an
emergency medication kit . Under the category of analgesic oral
controlled dangerous substances, the Board shall set a limit of four
medications maintained at the facility at any given time , of which
only two may be Schedule II controlled dangerous substance s. The
volume of each Schedule II controlled dangerous substance shall be
limited to the lesser of three (3) doses per licensed bed or sixty
(60) individual doses. Administration of controlled dangerous
substances from emergency medication kits must be accompanied by a
prescription and shall be reported to the dispensing pharmacy within
eight (8) hours of being administered to the patient;
2. Procedures regarding the use of drugs from an emergency
medication kit;
3. Recordkeeping requirements; and
4. Security requirements.
C. As used in this section, “facility” means a facility as
defined by the Nursing Home Ca re Act or an assisted living center as
defined by the Continuum of Care and Assisted Living Act.
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SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 22, 2021 - DO PASS