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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3733 By: Lowe (Jason)
AS INTRODUCED
An Act relating to pharmacies; amending 59 O.S. 2021,
Section 353.24, which relates to unlawful acts in the
Oklahoma Pharmacy Act ; prohibiting oral disclosur e of
medical information to third-parties; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.24, is
amended to read as follows:
Section 353.24 A. It shall be unlawful for any licensee or
other person to:
1. Forge or increase the quantity of drug in any prescription,
or to present a prescription bearing forged, fictitious or altered
information or to possess any drug secured by such forged,
fictitious or altered prescription;
2. Sell, offer for sale, barter or give a way any unused
quantity of drugs obtained by prescription, except through a program
pursuant to the Utilization of Unused Pre scription Medications Act
or as otherwise provided by the State Board of Pharmacy;
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3. Sell, offer for sale, barter or give away an y drugs damaged
by fire, water, or other causes without first obtaining the written
approval of the Board or the State Depar tment of Health;
4. No person, firm or business establishment shall offer to the
public, in any manner, their services as a "pick-up station" or
intermediary for the purpose of having prescriptions filled or
delivered, whether for profit or gratuitously. Nor may the owner of
any pharmacy or drug store authorize any person, firm or business
establishment to act for them in this manner with these exceptions:
a. patient-specific filled prescriptions may be delivered
or shipped to a prescriber 's clinic for pick-up by
those patients whom the prescriber has individually
determined and documented do not have a permanent or
secure mailing address,
b. patient-specific filled prescriptions for drugs which
require special handling written by a prescriber may
be delivered or shipped to the prescriber's clinic for
administration or pick-up at the prescriber 's office,
c. patient-specific filled pres criptions, including
sterile compounded drugs, may be delivered or shipped
to a prescriber's clinic where they shall be
administered,
d. patient-specific filled prescriptions for patients
with end-stage renal disease (ESRD) may be delivered
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or shipped to a prescriber 's clinic for administration
or final delivery to the patient,
e. patient-specific filled prescriptions for
radiopharmaceuticals may be delivered or shipped to a
prescriber's clinic for administration or pick -up, or
f. patient-specific filled prescriptions may be delivered
or shipped by an Indian Health Services (IHS) or
federally recognized tribal health organization
operating under the IHS in the delivery of the
prescriptions to a pharmacy operated by the IHS or a
federally recognized tribal health organization for
pick-up by an IHS or tribal patient.
However, nothing in this paragrap h shall prevent a pharmacist or
an employee of the pharmacy from personally receiving a prescription
or delivering a legally filled prescrip tion to a residence, office
or place of employment of the patient for whom the prescription was
written. Provided f urther, the provisions of this paragr aph shall
not apply to any Department of Mental Health and Substance Abuse
Services employee or any per son whose facility contracts with the
Department of Mental Health and Substance Abuse Services whose
possession of any dangerous drug, as defined in Sect ion 353.1 of
this title, is for the purpose of delivery of a mental health
consumer's medicine to the consumer's home or residence. Nothing in
this paragraph shall prevent veterinary prescription drugs from
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being shipped directly from an Oklahoma licensed wholesaler or
distributor registered with the Oklahoma Board of Veterinary Medical
Examiners to a client; provided, such drugs may be dispensed only on
prescription of a licensed veterinarian and only when an existing
veterinary-client-patient relationship exists. Nothing in this
paragraph shall prevent dialysate and peritoneal dialysis devices
from being shipped directly from an Oklahoma licensed manufacturer,
wholesaler or distributor to an ESRD patient or patient 's designee,
consistent with subsection F of Section 353.18 of this title;
5. Sell, offer for sale or barter or buy any professional
samples except through a program pursuant to the Utilization of
Unused Prescription Medications Act;
6. Refuse to permit o r otherwise prevent members of the Bo ard
or such representatives thereof from entering and inspecting any and
all places, including premises, vehicles, equipment, contents, and
records, where drugs, medicine, chemicals or poisons are stored,
sold, vended, given away, compounded, dispensed, re packaged,
transported, or manufactured;
7. Interfere, refuse to participate in, impede or otherwise
obstruct any inspection, investigation or disciplinary proceeding
authorized by the Oklahoma Pharmacy Act;
8. Possess dangerous drugs without a valid pr escription or a
valid license to possess such drugs; provided, however, this
provision shall not apply to a ny Department of Mental Health and
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Substance Abuse Services employee or any person whose facility
contracts with the Department of Mental Health and Substance Abuse
Services whose possession of any dangerous drug, as defined in
Section 353.1 of this title, is for the purpose of delivery of a
mental health consumer 's medicine to the consumer 's home or
residence;
9. Fail to establish and maintain effec tive controls against
the diversion of drugs for any other purpose than legitimate
medical, scientific or in dustrial uses as provided by state, federal
and local law;
10. Fail to have a written drug diversion detectio n and
prevention policy;
11. Possess, sell, offer for sale, barter or give away any
quantity of dangerous drugs not listed as a scheduled drug pu rsuant
to Sections 2-201 through 2-212 of Title 63 of the Oklahoma Statutes
when obtained by prescription bea ring forged, fictitious or altered
information.
a. A first violation of this section shall constitute a
misdemeanor and upon conviction shall be pu nishable by
imprisonment in the county jail for a term not more
than one (1) year and a fine in an amount no t more
than One Thousand Dollars ($1, 000.00).
b. A second violation of this section shall constitute a
felony and upon conviction shall be punishabl e by
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imprisonment in the Department of Corrections for a
term not exceeding five (5) years and a fine in an
amount not more than Two Thousand Do llars ($2,000.00);
12. Violate a Board order or agreed order;
13. Compromise the security of licensure examina tion materials;
or
14. Fail to notify the Board, in writing, within ten (10) days
of a licensee or perm it holder's address change; or
15. Disclose medical information, orally, to a customer other
than the patient prescribed the medication .
B. 1. It shall be unlawful for any person o ther than a
licensed pharmacist or physician to certify a prescription before
delivery to the patient or the patient 's representative or
caregiver. Dialysate and peritoneal dialysis devices supplied
pursuant to the provisions of subsection F of Section 35 3.18 of this
title shall not be required to be certified by a pharmacist prior to
being supplied by a manufacturer, wholesaler or distribu tor.
2. It shall be unlawf ul for any person to institute or manage a
pharmacy unless such person is a licensed pharma cist or has placed a
licensed pharmacist in charge of such pharmacy.
3. No licensed pharmacist shall manage, supervise or be in
charge of more than one pharmacy.
4. No pharmacist being requested to sell, furnish or compound
any drug, medicine, chemical o r other pharmaceutical preparat ion, by
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prescription or otherwise, shall substit ute or cause to be
substituted for it, without authority of the prescriber or
purchaser, any like drug, medicine, chemical or pharmaceuti cal
preparation.
5. No pharmacy, pharma cist-in-charge or other person shall
permit the practice of pharmacy except by a licensed pharmacist or
assistant pharmacist.
6. No person shall subvert the authori ty of the pharmacist-in-
charge of the pharmacy by impeding the management of the
prescription department to act in complia nce with federal and state
law.
C. 1. It shall be unlawful for a pharmacy to resell dangerous
drugs to any wholesale distributor.
2. It shall be unlawful for a wholesale distribu tor to purchase
drugs from a pharmacy .
SECTION 2. This act shall become effective November 1, 2024.
59-2-9236 TJ 01/04/24