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ENGROSSED 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; requiring pharmacy to
establish certain policy and procedures; specifying
entity that maintains emergency medication kits;
authorizing pharmacy to esta blish pharmacy designee
for specified purpose; requiring pharmacy t o register
emergency medication kit as pharmacy location and
comply with certain requirements; providing limits
for controlled dangerous substances; requiring
prescription and reporting; 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 t o read as follows:
Section 367.8. A. A pharmacy may maintain drugs in an
emergency medication kit used at for dispensation in a facility as
provided by this section. The pharmacy shall establish a policy and
procedures governing the maintenance and dispensation of such drugs
in accordance with the provisions of this section. The drugs may be
used only for the emergency medic ation needs of a resident at the
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facility. A The pharmacy may shall maintain the drugs in an the
emergency medication kit for any the facility.
B. The pharmacy may establish a pharmacy designee at the
facility who shall be responsible for transmitting required
information for dispensation of controlled dangerous substances to
the central repository of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control as provided by the Anti -Drug Diversion Act.
C. The pharmacy shall register the emergency medication kit as
a pharmacy location with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control and shall comply with the requirements for
controlled dangerous substance s prescribed by rules of the Oklahoma
State Bureau of Narcotics and Dang erous Drugs Control Commission.
D. 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 . The total volume of each controlled
dangerous substance shall be limited to the lesser of three doses
per licensed bed or sixty individual doses. Controlled dangerous
substances stored in emergency medication kits must be dispensed
pursuant to a valid prescription and shall be reported to the
registered pharmacy;
2. Procedures regarding the use of drugs from an emergency
medication kit;
3. Recordkeeping requirements; and
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4. Security requirements.
C. E. As used in this section, "facility" means a facility as
defined by the Nursing Home Care Act or an assisted living center as
defined by the Continuum of Care and Assisted Living Act.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives