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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 227 By: Standridge
AS INTRODUCED
An Act relating to the practice of pharma cy; amending
59 O.S. 2021, Section 353.24 , which relates to
unlawful acts; prohibiting certa in acts by wholesale
distributor except under certain conditions; updating
statutory language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE 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 altere d
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 Un used Prescription 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 obt aining the written
approval of the Board or the Stat e Department 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 prescription s filled or
delivered, whether for profit or gratuit ously. 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 o r 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 fo r
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 Service (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 pre scription 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 Ab use 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 p rescription drugs from
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being shipped directly from an Oklahoma licensed wholesaler or
distributor registered with the Oklahoma State Board of Veterinary
Medical Examiners to a clie nt; 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 dist ributor 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 M edications 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 pro ceeding
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
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provision shall not apply to a ny Department of Mental Health and
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).
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b. A second violation of this section shall constitute a
felony and upon conviction shall be punishabl e by
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 Dollars ($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 w riting, within ten (10 ) days
of a licensee or perm it holder’s address change.
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 dis tributor.
2. It shall be unlawful 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 ph armacy.
4. No pharmacist being requested to sell, furnish or compound
any drug, medicine, chemical o r other pharmaceutical preparation, by
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prescription or otherwise, shall substit ute or cause to be
substituted for it, without authori ty of the prescriber o r
purchaser, any like drug, medicine, chemical or pharmaceutical
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 t he authority of the pharmacist-in-
charge of the pharmacy by impeding the management of the
prescription department to act in compliance with federal and state
law.
C. 1. It shall be unlawful for a pharmacy to resell dangerous
drugs to any wholesale distr ibutor.
2. It shall be unlawful for a whol esale distributor to purchase
drugs from a pharmacy.
D. Unless the pharmacy is in violation of applicable state or
federal laws or is in violation of terms of the contract with the
wholesale distributor including but not limited to financial terms ,
or unless the drug is under a method of distribution or allocation
by the wholesale distributor or manufacturer or is under a supply
constraint, it shall be unlawful for a wholesale distributor to :
1. Prevent a licensed pharmacy under contract with the
wholesale distributor from purchasing drugs that the wholesale
distributor sells; or
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2. Restrict the amount of a particular drug to a licensed
pharmacy under contract with the wholesale distributor.
SECTION 2. This act shall become effective Nove mber 1, 2023.
59-1-1430 DC 1/9/2023 6:13:11 PM