Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB931 Compare Versions

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28		-	ENGROSSED SENATE
29		-	BILL NO. 931 By: Garvin of the Senate
30		-
31		-	and
32		-
33		-	Marti of the House
	29	+	SENATE FLOOR VERSION
	30	+	February 9, 2023
34	31
35	32
36		-
37		-
38		-	An Act relating to the practice of pharmacy ; allowing
39		-	pharmacist to test or screen for and initiate drug
40		-	therapy for minor, nonchronic health conditions;
41		-	specifying allowed tests; allowing pharmacist to
42		-	dispense certain products under ce rtain protocol;
43		-	directing promulgation of rules ; amending 59 O.S.
44		-	2021, Section 353.1, as amended by Section 6, Chapter
45		-	288, O.S.L. 2022 (59 O.S. Supp. 2022, Section 353.1),
46		-	which relates to definitions used in the Oklahoma
47		-	Pharmacy Act; modifying and adding definitions ;
48		-	updating statutory lan guage and references; providing
49		-	for codification; providing an effective date; and
50		-	declaring an emergency.
	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR
	35	+	SENATE BILL NO. 931 By: Garvin
51	36
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	41	+	An Act relating to the practice of pharmacy ; amending
	42	+	59 O.S. 2021, Section 353.1, as amended by Section 6,
	43	+	Chapter 288, O.S.L. 2022 (59 O.S. Supp. 2022, Section
	44	+	353.1), which relates to definition s used in the
	45	+	Oklahoma Pharmacy Act; modifying and adding
	46	+	definitions; allowing pharmacist to test for, screen
	47	+	for, or treat minor, nonchronic health conditions;
	48	+	specifying permitted tests and screening pr ocedures;
	49	+	allowing pharmacist to dispense certain products
	50	+	under certain protocol; directing promulgation of
	51	+	rules; updating statutory lan guage; updating
	52	+	statutory reference; providing for codification;
	53	+	providing an effective date; and declaring an
	54	+	emergency.
	55	+
	56	+
	57	+
	58	+
56	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57		-	SECTION 1. NEW LAW A new section of law to be codified
58		-	in the Oklahoma Statutes as Section 353.31 of Title 59, unless there
59		-	is created a duplication i n numbering, reads as follows :
60		-	A. A pharmacist may test or screen for and initiate drug
61		-	therapy for minor, nonchronic health conditions as defined in
62		-	Section 353.1 of Title 59 of the Oklahoma Stat utes.
63		-	B. To test for minor, nonchronic he alth conditions under this
64		-	section, the pharmacist may use any test that may guide clinical
65		-	decision-making and that is:
	60	+	SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.1, as
	61	+	amended by Section 6, Chapter 288, O.S.L. 2022 (5 9 O.S. Supp. 2022,
	62	+	Section 353.1), is amen ded to read as follows:
	63	+	Section 353.1. For the purposes of the Oklahoma Pharmacy Act:
	64	+	1. “Accredited program” means those seminars, classes,
	65	+	meetings, work projects, and oth er educational courses approved by
	66	+	the Board State Board of Pharmacy for purposes of continuing
	67	+	professional education;
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92		-	1. Approved by, cleared by, or authorized under an emergency
93		-	use authorization by the United States Food and Drug Administration;
94		-	and
95		-	2. Waived under the federal C linical Laboratory Improvement
96		-	Amendments of 1988 (CLIA) or deemed to be CLIA-waived for use in
97		-	patient care settings operating under a CLIA certificate.
98		-	C. A pharmacist may dispense self-administered hormonal
99		-	contraceptives under the protocol es tablished pursuant to subsection
100		-	D of this section, regardless of whether the patient has obtained a
101		-	prescription.
102		-	D. The State Board of Pharmacy shall adopt rules establishing a
103		-	protocol for dispensing self-administered hormonal contraceptives by
104		-	January 1, 2024.
105		-	SECTION 2. AMENDATORY 59 O.S. 2021, Section 353.1, as
106		-	amended by Section 6 , Chapter 288, O.S.L. 2022 (5 9 O.S. Supp. 2022,
107		-	Section 353.1), is amended to read as follows:
108		-	Section 353.1. For the purposes of the Oklahoma Pharmacy Act:
109		-	1. “Accredited program” means those seminars, classes,
110		-	meetings, work projects, and oth er educational courses approved by
111		-	the Board State Board of Pharmacy for purposes of continuing
112		-	professional education;
113	95		2. “Act” means the Oklahoma Pharmacy Act;
	96	+	3. “Administer” means the direct application of a drug, whether
	97	+	by injection, inhalation, ingestion or any other m eans, to the body
	98	+	of a patient;
	99	+	4. “Assistant pharmacist” means any person presently licensed
	100	+	as an assistant pharmacist in the State of Oklahom a this state by
	101	+	the Board pursuant to Section 353.10 of this title and for the
	102	+	purposes of the Oklahoma Pharmacy Act shal l be considered the same
	103	+	as a pharmacist, except whe re otherwise specified;
	104	+	5. “Board” or “State Board” means the State Board of Pharmacy;
	105	+	6. “Certify” or “certification of a prescription ” means the
	106	+	review of a filled prescription by a licensed pharmac ist or a
	107	+	licensed practitioner with dispensing authori ty to confirm that the
	108	+	medication, labeling and packaging of the filled prescription are
	109	+	accurate and meet all requirements prescribed by state and federal
	110	+	law. For the purposes of this paragraph, “licensed practitioner”
	111	+	shall not include optometrists wit h dispensing authority;
	112	+	7. “Chemical” means any medicinal substance, whether simple or
	113	+	compound or obtained through the process of the science and art of
	114	+	chemistry, whether of organic or inorganic ori gin;
	115	+	8. “Compounding” means the combining, admixing, m ixing,
	116	+	diluting, pooling, reconstituting or otherwise altering of a drug or
	117	+	bulk drug substance to create a drug. Compounding includes the
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140		-	3. “Administer” means the direct application of a drug, whether
141		-	by injection, inhalation, ingestion or any other means, to the body
142		-	of a patient;
143		-	4. “Assistant pharmacist” means any person presently licensed
144		-	as an assistant pharmacist in the State of Oklahom a this state by
145		-	the Board pursuant to Section 353.10 of this title and for the
146		-	purposes of the Okla homa Pharmacy Act shal l be considered the same
147		-	as a pharmacist, except where otherwise specified;
148		-	5. “Board” or “State Board” means the State Board of Pharmacy;
149		-	6. “Certify” or “certification of a prescription” means the
150		-	review of a filled prescription b y a licensed pharmac ist or a
151		-	licensed practitioner with dispensing authority to confirm that the
152		-	medication, labeling and packaging of the filled prescription are
153		-	accurate and meet all requirements prescribed by state and federal
154		-	law. For the purposes of this paragraph, “licensed practitioner”
155		-	shall not include optometrists with dispensing authority;
156		-	7. “Chemical” means any medicinal substance, whether simple or
157		-	compound or obtained through the process of the science and art of
158		-	chemistry, whether of organ ic or inorganic origin;
159		-	8. “Compounding” means the combining, admixing, mixing,
160		-	diluting, pooling, reconstituting or otherwise altering of a drug or
161		-	bulk drug substance to create a drug. Compounding includes the
162	145		preparation of drugs or devices in anticipation of prescript ion drug
163	146		orders based on routine, regularly observed pre scribing patterns;
	147	+	9. “Continuing professional education” means professional,
	148	+	pharmaceutical education in the general areas of the socioeconomic
	149	+	and legal aspects of health care; the properties and actions of
	150	+	drugs and dosage forms; and the etiology, char acteristics and
	151	+	therapeutics of the diseased state;
	152	+	10. “Dangerous drug”, “legend drug”, “prescription drug” or “Rx
	153	+	Only” means a drug:
	154	+	a. for human use subject to 21 U.S.C. 353(b)(1), or
	155	+	b. is labeled “Prescription Only”, or labeled with the
	156	+	following statement: “Caution: Federal law restricts
	157	+	this drug except for to use by or on the order of a
	158	+	licensed veterinarian.”;
	159	+	11. “Director” means the Executive Director of the State Board
	160	+	of Pharmacy unless context clearly indi cates otherwise;
	161	+	12. “Dispense” or “dispensing” means the interpretation,
	162	+	evaluation, and implementation of a prescription drug order
	163	+	including the preparation and delivery of a drug or device to a
	164	+	patient or a patient ’s agent in a suitable container appr opriately
	165	+	labeled for subsequent ad ministration to, or use by, a patient.
	166	+	Dispense includes sell, distribute, leave with, give away, dispose
	167	+	of, deliver or supply;
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190		-	9. “Continuing professional education” means professional,
191		-	pharmaceutical education in the general areas of the socioeconomic
192		-	and legal aspects of health care; th e properties and actions of
193		-	drugs and dosage forms; and the etiology, characteristics and
194		-	therapeutics of the diseased state;
195		-	10. “Dangerous drug”, “legend drug”, “prescription drug” or “Rx
196		-	Only” means a drug:
197		-	a. for human use subject to 21 U.S.C. 353(b)( 1), or
198		-	b. is labeled “Prescription Only”, or labeled with the
199		-	following statement: “Caution: Federal law restricts
200		-	this drug except for to use by or on the order of a
201		-	licensed veterinarian.”;
202		-	11. “Director” means the Executive Director of the State Boar d
203		-	of Pharmacy unless context clearly indi cates otherwise;
204		-	12. “Dispense” or “dispensing” means the interpretation,
205		-	evaluation, and implementation of a prescription drug order
206		-	including the preparation and delivery of a drug or device to a
207		-	patient or a patient’s agent in a suitable container appr opriately
208		-	labeled for subsequent administration to, or use by, a patient.
209		-	Dispense includes sell, distribute, leave with, give away, dispose
210		-	of, deliver or supply;
211	195		13. “Dispenser” means a retail pharmacy, hospital pharmacy, a
212	196		group of chain pharmacies un der common ownership and control th at do
213	197		not act as a wholesale distributor, or any other person authorized
	198	+	by law to dispense or administer prescription drugs, and the
	199	+	affiliated warehouses or distributions of such entities und er common
	200	+	ownership and control that do not act as a wholesale distributor.
	201	+	For the purposes of this paragraph, “dispenser” dispenser does not
	202	+	mean a person who dispenses only products to be used in animals in
	203	+	accordance with 21 U.S.C. 360b(a)(5);
	204	+	14. “Distribute” or “distribution” means the sale, purchase,
	205	+	trade, delivery, handling, storage, or receipt of a product, and
	206	+	does not include the dispensing of a product pursuant to a
	207	+	prescription executed in accordance with 21 U.S.C. 353(b)(1) or the
	208	+	dispensing of a product approved under 21 U.S.C. 360b(b); provided,
	209	+	taking actual physical possession of a product or title shall not be
	210	+	required;
	211	+	15. “Doctor of Pharmacy” means a person licensed by the Board
	212	+	to engage in the practice of pharmacy . The terms “pharmacist”,
	213	+	“D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and s hall
	214	+	have the same meaning wherever they appear in the Oklahoma Statutes
	215	+	and the rules promulgated by the Board;
	216	+	16. “Drug outlet” means all manufacturers, repackagers,
	217	+	outsourcing faciliti es, wholesale distributors, third-party
	218	+	logistics providers, pharm acies, and all other facilities which are
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240		-	by law to dispense or administer prescription drugs, and the
241		-	affiliated warehouses or distributions of such entities under common
242		-	ownership and control that do not act as a wholesale distributor.
243		-	For the purposes of this paragraph, “dispenser” dispenser does not
244		-	mean a person who dispenses only products to be used in animals in
245		-	accordance with 21 U.S.C. 360b(a )(5);
246		-	14. “Distribute” or “distribution” means the sale, purchase,
247		-	trade, delivery, handling, storage, or receipt of a product, and
248		-	does not include the dispensing of a product pursuant to a
249		-	prescription executed in accordance with 21 U.S.C. 353(b)(1) or the
250		-	dispensing of a product approved under 21 U.S.C. 360b(b); provided,
251		-	taking actual physical possession of a product or title shall not be
252		-	required;
253		-	15. “Doctor of Pharmacy” means a person licensed by the Board
254		-	to engage in the practice of pharmacy . The terms “pharmacist”,
255		-	“D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and s hall
256		-	have the same meaning wherever they appear in the Oklahoma Statutes
257		-	and the rules promulgated by the Board;
258		-	16. “Drug outlet” means all manufacturers, repackagers,
259		-	outsourcing faciliti es, wholesale distributors, third-party
260		-	logistics providers, pharm acies, and all other facilities which are
261	246		engaged in dispensing, delivery, distribution or storage of
262	247		dangerous drugs;
	248	+	17. “Drugs” means all medicinal substances and preparations
	249	+	recognized by the United States Pharmacopoeia Pharmacopeia and
	250	+	National Formulary, or any revision thereof, and all substances and
	251	+	preparations intended for external and/or internal use in the cure,
	252	+	diagnosis, mitigation, treatment or prevention of disease in humans
	253	+	or animals and all substances and preparatio ns, other than food,
	254	+	intended to affect the structure or any function of the body of a
	255	+	human or animals;
	256	+	18. “Drug sample” means a unit of a prescription drug packaged
	257	+	under the authority and responsibility of th e manufacturer that is
	258	+	not intended to be s old and is intended to promote the sale of the
	259	+	drug;
	260	+	19. “Durable medical equipment” has the same meaning as
	261	+	provided by Section 2 of this act 375.2 of this title;
	262	+	20. “Filled prescription” means a packaged pres cription
	263	+	medication to which a label has been affixed which con tains such
	264	+	information as is required by the Oklahoma Pharmacy Act;
	265	+	21. “Hospital” means any institution licensed as a hospital by
	266	+	this state for the care and treatment of patients, or a pharm acy
	267	+	operated by the Oklahoma Department of Veterans Affairs;
	268	+	22. “Licensed practitioner” means an allopathic physician,
	269	+	osteopathic physician, podiatric physician, dentist, veterinarian or
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289		-	17. “Drugs” means all medicinal substances and pre parations
290		-	recognized by the United States Pharmacopoeia Pharmacopeia and
291		-	National Formulary, or any revision thereof, and all substances and
292		-	preparations intended for external and/or internal use in the cure,
293		-	diagnosis, mitigation, treatment or prevention of disease in humans
294		-	or animals and all substances and preparations, other than food,
295		-	intended to affect the structure or any function of the body of a
296		-	human or animals;
297		-	18. “Drug sample” means a unit of a prescription drug packaged
298		-	under the authority an d responsibility of th e manufacturer that is
299		-	not intended to be sold and is intended to promote the sale of the
300		-	drug;
301		-	19. “Durable medical equipment” has the same meaning as
302		-	provided by Section 2 of this act 375.2 of this title;
303		-	20. “Filled prescription” means a packaged pres cription
304		-	medication to which a label has been affixed which con tains such
305		-	information as is required by the Oklahoma Pharmacy Act;
306		-	21. “Hospital” means any institution licensed as a hospital by
307		-	this state for the care and treatment o f patients, or a pharm acy
308		-	operated by the Oklahoma Department of Veterans Affairs;
309		-	22. “Licensed practitioner” means an allopathic physician,
310		-	osteopathic physician, podiatric physician, dentist, veterinarian or
311	297		optometrist licensed to practice and authorize d to prescribe
312	298		dangerous drugs within the scope of practice of such practitione r;
	299	+	23. “Manufacturer” or “virtual manufacturer” means with respect
	300	+	to a product:
	301	+	a. a person that holds an application approved under 21
	302	+	U.S.C. 355 or a license issued under 42 U.S.C. 262 for
	303	+	such product, or if such product is not the subject of
	304	+	an approved application or license, the person who
	305	+	manufactured the product,
	306	+	b. a co-licensed partner of the person described in
	307	+	subparagraph a of this paragraph that obtains the
	308	+	product directly from a person described in this
	309	+	subparagraph or subparagraph a of this paragraph,
	310	+	c. an affiliate of a person described in subpara graph a
	311	+	or b of this paragraph who receives the product
	312	+	directly from a person described in this subparagraph
	313	+	or in subparagraph a or b of this paragraph, or
	314	+	d. a person who contracts with another to manufacture a
	315	+	product;
	316	+	24. “Manufacturing” means the production, preparation,
	317	+	propagation, compounding, conversion or processing of a device or a
	318	+	drug, either directly or indirectly by extraction from substances of
	319	+	natural origin or independently by means of chemical or biological
	320	+	synthesis and includes any pac kaging or repackaging of the
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339		-	23. “Manufacturer” or “virtual manufacturer” means with respect
340		-	to a product:
341		-	a. a person that holds an application approved under 21
342		-	U.S.C. 355 or a license issued under 42 U.S.C. 262 for
343		-	such product, or if such product is not the subject of
344		-	an approved application or license, the person who
345		-	manufactured the product,
346		-	b. a co-licensed partner of the person described in
347		-	subparagraph a of this paragraph that obtains the
348		-	product directly from a person described in this
349		-	subparagraph or subparagraph a of this paragraph,
350		-	c. an affiliate of a person described in subpara graph a
351		-	or b of this paragraph who receives the product
352		-	directly from a person described in this subparagraph
353		-	or in subparagraph a or b of this paragraph, or
354		-	d. a person who contracts with another to manufacture a
355		-	product;
356		-	24. “Manufacturing” means the production, preparation,
357		-	propagation, compounding, conversion or processing of a device or a
358		-	drug, either directly or indirectly by extraction from substances of
359		-	natural origin or independently by means of chemical or biological
360		-	synthesis and includes any pac kaging or repackaging of the
361	348		substances or labeling or relabeling of its container, and the
362	349		promotion and marketing of such drug s or devices. The term
	350	+	“manufacturing” manufacturing also includes the preparation and
	351	+	promotion of commercially avail able products from bulk compounds for
	352	+	resale by licensed pharmacies, licensed practitioners or other
	353	+	persons;
	354	+	25. “Medical gas” means those gases including those in liquid
	355	+	state upon which the manufacturer or distributor has placed one of
	356	+	several cautions, such as “Rx Only”, in compliance with federal l aw;
	357	+	26. “Medical gas order” means an order for medical gas issued
	358	+	by a licensed prescriber;
	359	+	27. “Medical gas distributor” means a person licensed to
	360	+	distribute, transfer, wholesale, deliver or sell medical gases on
	361	+	drug orders to suppliers or oth er entities licensed to use,
	362	+	administer or distribute medical gas and may also include a patient
	363	+	or ultimate user;
	364	+	28. “Medical gas supplier” means a person who disp enses medical
	365	+	gases on drug orders only to a pati ent or ultimate user;
	366	+	29. “Medicine” means any drug or combination of drugs which has
	367	+	the property of curing, preventing, treating, diagnosing or
	368	+	mitigating diseases, or which is used for that purpose;
	369	+	30. “Minor, nonchronic health condition” means a typically
	370	+	short-term health condition that is generally managed with
363	371
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389		-	“manufacturing” manufacturing also includes the preparation and
390		-	promotion of commercially avail able products from bulk compounds for
391		-	resale by licensed pharmacies, licensed practitioners or other
392		-	persons;
393		-	25. “Medical gas” means those gases including those in liquid
394		-	state upon which the manufacturer or distributor has placed one of
395		-	several cautions, such as “Rx Only”, in compliance with federal l aw;
396		-	26. “Medical gas order” means an order for medical gas issued
397		-	by a licensed prescriber;
398		-	27. “Medical gas distributor” means a person licensed to
399		-	distribute, transfer, wholesale, deliver or sell medical gases on
400		-	drug orders to suppliers or oth er entities licensed to use,
401		-	administer or distribute medical gas and may also include a patient
402		-	or ultimate user;
403		-	28. “Medical gas supplier” means a person who disp enses medical
404		-	gases on drug orders only to a pati ent or ultimate user;
405		-	29. “Medicine” means any drug or combination of drugs which has
406		-	the property of curing, preventing, treating, diagnosing or
407		-	mitigating diseases, or which is used for that purpose;
408		-	30. “Minor, nonchronic health condition” means a typically
409		-	short-term health condition that is generally m anaged with
410		-	noncontrolled drug therapies, min imal treatment, or sel f-care, and
411		-	is limited to the following:
	398	+	noncontrolled drug therapies, min imal treatment, or self -care, which
	399	+	includes the following:
412	400		a. influenzas,
	401	+	b. streptococcus,
	402	+	c. SARS-COV-2 or other respiratory illness, condition, or
	403	+	disease,
	404	+	d. lice,
	405	+	e. urinary tract infections ,
	406	+	f. skin conditions, such as ringworm and athlete ’s foot,
	407	+	and
	408	+	g. other emerging and existing pub lic health threats
	409	+	identified by the State Department of Health if
	410	+	permitted by an order, rule, or regulation.
	411	+	31. “Nonprescription drugs ” means medicines or drug s which are
	412	+	sold without a prescription and which are prepackaged for use by the
	413	+	consumer and labeled in accordance with the requirements of the
	414	+	statutes and regulations of this state and the federal gov ernment.
	415	+	Such items shall also include medical and d ental supplies and
	416	+	bottled or nonbulk chemicals which are sold or offered for sale to
	417	+	the general public if such articles or preparations meet the
	418	+	requirements of the Federal Food, Drug and Cosmetic Act, 21
	419	+	U.S.C.A., Section 321 et seq.;
413	420
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439		-	b. streptococcus,
440		-	c. SARS-CoV-2,
441		-	d. lice, and
442		-	e. other emerging and existing pub lic health threats
443		-	identified by the State Department of Health if
444		-	permitted by an order, rule, or regulation ;
445		-	31. “Nonprescription drugs” means medicines or drug s which are
446		-	sold without a prescription and which are prepackaged for use by the
447		-	consumer and labeled in accordance with the requirements of the
448		-	statutes and regulations of this state and the federal gov ernment.
449		-	Such items shall also include medical and d ental supplies and
450		-	bottled or nonbulk chemicals which are sold or offered for sale to
451		-	the general public if such articles or preparations meet the
452		-	requirements of the Federal Food, Drug and Cosmetic Act, 21
453		-	U.S.C.A., Section 321 et seq.;
454	447		31. 32. “Outsourcing facility” including “virtual outsourcing
455	448		facility” means a facility at one geographic location or address
456	449		that:
457	450		a. is engaged in the compounding of sterile dru gs,
458	451		b. has elected to register as an outsourcing facility,
459	452		and
460	453		c. complies with all requirem ents of 21 U.S.C. 353b;
461	454		32. 33. “Package” means the smallest individual saleable unit
462	455		of product for distribution by a manufacturer or repackager that is
	456	+	intended by the manufacturer for ultimate sale to the dispenser of
	457	+	such product. For the purposes of this paragraph, “individual
	458	+	saleable unit” means the smallest container of a product introduced
	459	+	into commerce by the manufacturer or repackager that is intended by
	460	+	the manufacturer or repackager for individual sale to a dispenser;
	461	+	33. 34. “Person” means an individual, partnership, limited
	462	+	liability company, corporation or association, unless the context
	463	+	otherwise requires;
	464	+	34. 35. “Pharmacist-in-charge” or “PIC” means the pharmacist
	465	+	licensed in this state responsible for th e management control of a
	466	+	pharmacy and all other aspects of the practice of pharmacy in a
	467	+	licensed pharmacy as defined by Section 353.18 of this title;
	468	+	35. 36. “Pharmacy” means a place regularly licensed by the
	469	+	State Board of Pharmacy in which prescriptions, drugs, medicines,
	470	+	chemicals and poisons are compounded or dispensed or such place
463	471
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489		-	intended by the manufacturer for ultimate sale to the dispenser of
490		-	such product. For the purposes of this paragraph, “individual
491		-	saleable unit” means the smallest container of a product introduced
492		-	into commerce by the manufacturer or repackager that is intended by
493		-	the manufacturer or repackager for individual sale to a dispenser;
494		-	33. 34. “Person” means an individual, partnership, limited
495		-	liability company, corporation or association, unless the context
496		-	otherwise requires;
497		-	34. 35. “Pharmacist-in-charge” or “PIC” means the pharmacist
498		-	licensed in this state responsible for the management control of a
499		-	pharmacy and all other aspects of the practice of pharmacy in a
500		-	licensed pharmacy as defined by Section 353.18 of this title;
501		-	35. 36. “Pharmacy” means a place regularly licensed by the
502		-	State Board of Pharmacy in which prescriptions, drugs, medicines,
503		-	chemicals and poisons are compounded or dispensed or such place
504	498		where pharmacists practice the profession of pharmacy, or a pharmacy
505	499		operated by the Oklahoma Department of Veterans Affairs;
506	500		36. 37. “Pharmacy technician”, “technician”, “Rx tech”, or
507	501		“tech” means a person issued a Technician permi t by the State Board
508	502		of Pharmacy to assist the pharmacist and perform nonjudgmental,
509	503		technical, manipulative, non-discretionary functions in the
510	504		prescription department under the immediate and direct supervi sion
511	505		of a pharmacist;
	506	+	37. 38. “Poison” means any substance which when introduced into
	507	+	the body, either directly or by absorption, produces violent, morbid
	508	+	or fatal changes, or which destroys living tissue with which such
	509	+	substance comes into contact;
	510	+	38. 39. “Practice of pharmacy” means:
	511	+	a. the interpretation and evaluation of prescription
	512	+	orders,
	513	+	b. the compounding, dispensing, administering and
	514	+	labeling of drugs and devices , except labeling by a
	515	+	manufacturer, repackager or distributor of
	516	+	nonprescription drugs a nd commercially packaged legend
	517	+	drugs and devices,
	518	+	c. the participation in drug selection and drug
	519	+	utilization reviews,
	520	+	d. the proper and safe storage of drugs and de vices and
	521	+	the maintenance of proper records thereof,
512	522
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538		-	37. 38. “Poison” means any substance which when introduced into
539		-	the body, either directly or by absorption, produces violent, morbid
540		-	or fatal changes, or which destroys living tissue with which such
541		-	substance comes into contact;
542		-	38. 39. “Practice of pharmacy” means:
543		-	a. the interpretation and evaluation of prescription
544		-	orders,
545		-	b. the compounding, dispensing, administering and
546		-	labeling of drugs and devices, except labeling by a
547		-	manufacturer, repackager or distributor of
548		-	nonprescription drugs a nd commercially packaged legend
549		-	drugs and devices,
550		-	c. the participation in drug selection and drug
551		-	utilization reviews,
552		-	d. the proper and safe storage of drugs and devices and
553		-	the maintenance of proper records thereof,
554	549		e. the responsibility for advising by counseling and
555	550		providing information, where professionally necessary
556	551		or where regulated, of therapeutic values, content,
557	552		hazards and use of drugs and devices,
558	553		f. the offering or performing of those acts, services,
559	554		operations or transactions necessary in t he conduct,
560	555		operation, management and control of a pharmacy, or
	556	+	g. the ordering, performing, and interpreting of tests
	557	+	authorized by the United States Food and Drug
	558	+	Administration and waived under the federal Clinical
	559	+	Laboratory Improvement Amendments of 1988, and
	560	+	initiating drug therapy for minor, nonchronic health
	561	+	conditions,
	562	+	h. the dispensing of se lf-administered hormonal
	563	+	contraceptives and any nicotine replacement therapy
	564	+	product that is approved by the United States F ood and
	565	+	Drug Administration, or
	566	+	i. the provision of those acts or services that are
	567	+	necessary to provide pharmaceutical care;
	568	+	39. 40. “Preparation” means an article which may or may not
	569	+	contain sterile produc ts compounded in a licensed pharmacy pursuant
	570	+	to the order of a licensed prescriber;
561	571
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587		-	g. the ordering, performing, and interpreting of tests
588		-	for minor, nonchronic health conditio ns that meet the
589		-	requirements of Section 1 of this act and the
590		-	initiation of drug therapy for minor, nonchronic
591		-	health conditions,
592		-	h. the dispensing of se lf-administered hormonal
593		-	contraceptives as provided by Section 1 of this act,
594		-	or
595		-	i. the provision of those acts or services that are
596		-	necessary to provide pharmaceutical care;
597		-	39. 40. “Preparation” means an article which may or may not
598		-	contain sterile produc ts compounded in a licensed pharmacy pursuant
599		-	to the order of a licensed prescriber;
600	598		40. 41. “Prescriber” means a person licensed in this state who
601	599		is authorized to prescribe dangerous drugs within the scope of
602	600		practice of the person’s profession;
603	601		41. 42. “Prescription” means and includes any order for drug or
604	602		medical supplies written or signed, or transmitted by word of mouth,
605	603		telephone or other means of co mmunication:
606	604		a. by a licensed prescriber,
607	605		b. under the supervision of an Okla homa licensed
608	606		practitioner, an Oklahoma licensed advanced practice
609	607		registered nurse Advanced Practice Registered Nurse or
610	608		an Oklahoma licensed physician assistant, or
	609	+	c. by an Oklahoma licensed wholesaler or distributor as
	610	+	authorized in Section 353.29.1 of this title;
	611	+	42. 43. “Product” means a prescription drug in a finished
	612	+	dosage form for administration to a patient w ithout substantial
	613	+	further manufacturing, such as ca psules, tablets, and lyophilized
	614	+	products before reconstitution. “Product” Product does not include
	615	+	blood components intended for transfusion, radioactive drugs or
	616	+	biologics and medical gas;
	617	+	43. 44. “Repackager”, including “virtual repackager”, means a
	618	+	person who owns or operates an establis hment that repacks and
	619	+	relabels a product or package for further sale or distribution
	620	+	without further transaction;
611	621
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637		-	c. by an Oklahoma licensed wholesaler or distributor as
638		-	authorized in Section 353.29.1 of this title;
639		-	42. 43. “Product” means a prescription drug in a finished
640		-	dosage form for administration to a patient w ithout substantial
641		-	further manufacturing, such as ca psules, tablets, and lyophilized
642		-	products before reconstitution. “Product” Product does not include
643		-	blood components intended for transfusion, radioactive drugs or
644		-	biologics and medical gas;
645		-	43. 44. “Repackager”, including “virtual repackager”, means a
646		-	person who owns or operates an establishment that repacks and
647		-	relabels a product or package for further sale or distribution
648		-	without further transaction;
649	648		44. 45. “Sterile drug” means a drug that is intended for
650	649		parenteral administration, an ophthalmic or oral inhalation drug in
651	650		aqueous format, or a drug that is required to be sterile under state
652	651		and federal law;
653	652		45. 46. “Supervising physician” means an individual holding a
654	653		current license to practice as a physician from the State Board of
655	654		Medical Licensure and Supervision, pursuant to the prov isions of the
656	655		Oklahoma Allopathic Medical and Surgical Licensur e and Supervision
657	656		Act, or the State Board of Osteopathic Examiners, pursuant to t he
658	657		provisions of the Oklahoma Osteopathic Medicine Act, who supervises
659	658		an advanced practice registered nurs e Advanced Practice Registered
660	659		Nurse as defined in Section 567.3a of this title, and who is not in
	660	+	training as an intern, resident, or fellow . To be eligible to
	661	+	supervise an advanced practice registered nurs e Advanced Practice
	662	+	Registered Nurse, such physician shall remain in compliance with the
	663	+	rules promulgated by the State Boar d of Medical Licensure and
	664	+	Supervision or the State Board of O steopathic Examiners;
	665	+	46. 47. “Supportive personnel” means technicians and auxil iary
	666	+	supportive persons who are regularly paid employees of a pharmacy
	667	+	who work and perform ta sks in the pharmacy as authorized by Section
	668	+	353.18A of this title;
	669	+	47. 48. “Third-party logistics provider” including “virtual
	670	+	third-party logistics provider ” means an entity that provides or
	671	+	coordinates warehousing, or other logistics services of a product in
661	672
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687		-	training as an intern, resident, or fellow . To be eligible to
688		-	supervise an advanced practice registered nurse Advanced Practice
689		-	Registered Nurse, such physician shall remain in compliance with the
690		-	rules promulgated by the State Boar d of Medical Licensure and
691		-	Supervision or the State Board of O steopathic Examiners;
692		-	46. 47. “Supportive personnel” means technicians and auxil iary
693		-	supportive persons who are regularly paid employees of a pharmacy
694		-	who work and perform tasks in the pharmacy as authorized by Section
695		-	353.18A of this title;
696		-	47. 48. “Third-party logistics provider” including “virtual
697		-	third-party logistics provider ” means an entity that provides or
698		-	coordinates warehousing, or other logistics services of a product in
699	699		interstate commerce on behalf of a manufacturer, wholesale
700	700		distributor, or dispenser of a product but does not take ownership
701	701		of the product, nor have res ponsibility to direct the sale or
702	702		disposition of the product. For the purposes of this paragraph,
703	703		“third-party logistics provider” third-party logistics provider does
704	704		not include shippers and the United States Postal Service;
705	705		48. 49. “Wholesale distributor ” including “virtual wholesale
706	706		distributor” means a person other than a manufacturer, a
707	707		manufacturer’s co-licensed partner, a third-party logistics
708	708		provider, or repackager engaged in wh olesale distribution as defined
709	709		by 21 U.S.C. 353(e)(4) as amended by the Drug Supply Chain Security
710	710		Act;
	711	+	49. 50. “County jail” means a facility operated by a county for
	712	+	the physical detention and correction of persons charged with, or
	713	+	convicted of, criminal o ffenses or ordinance violations or persons
	714	+	found guilty of civil or criminal contempt;
	715	+	50. 51. “State correctional facility” means a facility or
	716	+	institution that houses a p risoner population under the jurisdiction
	717	+	of the Department of Corrections;
	718	+	51. 52. “Unit dose package” means a package that contains a
	719	+	single dose drug with the name, strength, control number, and
	720	+	expiration date of that drug on the label; and
711	721
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736	747
737		-	49. 50. “County jail” means a facility operated by a county for
738		-	the physical detention and correction of persons charged with, or
739		-	convicted of, criminal o ffenses or ordinance violations or persons
740		-	found guilty of civil or criminal contempt;
741		-	50. 51. “State correctional facility” means a facility or
742		-	institution that houses a p risoner population under the jurisdiction
743		-	of the Department of Corrections;
744		-	51. 52. “Unit dose package” means a package that contains a
745		-	single dose drug with the name, strength, control number, and
746		-	expiration date of that drug on the label; and
747	748		52. 53. “Unit of issue package” means a package that provides
748	749		multiple doses of the same drug, but each drug is individually
749	750		separated and includes the name, lot number, and expirat ion date.
	751	+	SECTION 2. NEW LAW A new section of law to be codified
	752	+	in the Oklahoma Statutes as Section 353.31 of Title 59, unless there
	753	+	is created a duplication i n numbering, reads as follows :
	754	+	A. A pharmacist may test or screen for a nd administer treatment
	755	+	for minor, nonchronic health conditions.
	756	+	B. A pharmacist who test s or screens for and treats minor,
	757	+	nonchronic health conditions provided by this secti on may use any
	758	+	test that may guide clinical decision-making, which the Centers for
	759	+	Medicare and Medicaid Services has determined qualifies for a waiver
	760	+	under the federal Clinical Laboratory Improvement Amendments of
	761	+	1988, or the federal rules adopted there under, or any establish ed
	762	+	screening procedures that can safely be performed by a pharmacist.
	763	+	C. A pharmacist may dispense self-administered hormonal
	764	+	contraceptives and nicotine replacement therapy products under the
	765	+	protocol established pursuant to subsection D of this section,
	766	+	regardless of whether the patient has obtained a prescription.
	767	+	D. The State Board of Pharmacy shall adopt rules establishing a
	768	+	protocol for dispensing self-administered hormonal contraceptives
	769	+	and nicotine replacement therapy produc ts by January 1, 2024.
750	770		SECTION 3. This act shall become effective July 1, 2023.
751		-	SECTION 4. It being immediately necessary for the prese rvation
752		-	of the public peace, health or safety, an emergency is hereby
753		-	declared to exist, by reason whereof this act shall t ake effect and
754		-	be in full force from and after its passage and approval.
755	771
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781		-	Passed the Senate the 22nd day of March, 2023.
782		-
783		-
784		-
785		-	Presiding Officer of the Senate
786		-
787		-
788		-	Passed the House of Representatives the ____ day of __________,
789		-	2023.
790		-
791		-
792		-
793		-	Presiding Officer of the House
794		-	of Representatives
795		-
	798	+	SECTION 4. It being immediately necessary for the prese rvation
	799	+	of the public peace, health or safety, an emergency is hereby
	800	+	declared to exist, by reason whereof this act shall t ake effect and
	801	+	be in full force from and after its passage and approval.
	802	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	803	+	February 9, 2023 - DO PASS AS AMENDED BY CS