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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2419 By: Alonso-Sandoval
AS INTRODUCED
An Act relating to prescription drugs; requiring the
Oklahoma State Board of P harmacy adopt rules for
limited English proficiency; allowing the Board to
contract with a third party; providing for
codification; and provi ding an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1010.50 of Title 56, unless
there is created a duplication in nu mbering, reads as fo llows:
A. The Oklahoma State Board of Pharmacy shall adopt rules to
require that, if a patient is of limited Englis h proficiency and the
prescribing practitioner, patient or an authorized representative of
the patient so requests, a prescription dr ug dispensed by a ph armacy
bear a label in both English and in the language requested and, if
authorized by the Board by rule, include an informational insert in
both English and the language requested. The rules adopted under
this section must:
1. Define "limited English proficiency ";
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2. Determine the pharmacies to which the re quirements of this
section apply, and include at least retail drug outlets and other
drug outlets that dispense prescription drugs ;
3. Determine for which prescription drugs it is appropriate to
include an informational insert in addition to the label. In
adopting rules under this paragraph, the Board shall consider the
complexity and length of the directions for use of the prescription
drug;
4. a. require that labels and informational inserts shall be
available in at least fourteen (14) languages other
than English that are spoken in O klahoma by
individuals who are of limited English proficiency, as
determined by the most recent American Community
Survey from the United States Census Bureau and in
consultation with the O klahoma Health Care Authority
and other necessary resources , and
b. the Board shall reassess, and update as necessary, the
languages described in subsection A of this section at
least once every ten (10) years, in consultation with
the Authority and other stakeholders.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1010.51 of Title 56, unless
there is created a duplication in numberi ng, reads as follows:
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A. A pharmacy may contract with a third party for the
translation of the labels and informational inserts required under
Section 1 of this act.
1. A pharmacy, pharmacist or pharmacy intern that dispenses a
prescription drug in complia nce with the requireme nts of this act
may not be held liable for injuries resulting from the actions of a
third party if the pharmacy from which the label or informational
insert was dispensed entered into a contract with the third party in
good faith, and the pharmacy, pharmacis t or pharmacy intern was not
negligent with regard to the alleged misconduct of the third party.
B. This act does not apply to an institutional drug outlet.
C. The Board may adopt other rules as necessary to carry out
this act.
D. The Board shall, in consu ltation with the Oklahoma Health
Care Authority, adopt rules to require that a pharmacy post signage
to provide notification of the right to free, competent oral
interpretation and translation services for patients who are of
limited English proficiency. Rules adopted under this subsection
must comply with any relevant federal laws and regulations.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6740 TJ 01/13/23