Req. No. 888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 907 By: Rosino AS INTRODUCED An Act relating to the practice of pharmacy; defining terms; authorizing product fulfillment through central fill pharmacies under certai n conditions; listing powers and duties of pharmacist -in-charge; providing certain limitations on filling of prescriptions; requiring certain patient notification by originating pharmacy; requiring provision of certain information to patients; providing ex ception; imposing certain duties on central fill pharmacy; requiring maintenance of certain policy and procedure manual; specifying certain product verification responsibilities; requiring certain maintenance of records; requiring certain application and f ee; authorizing certain shared services; requiring licensure; specifying qualifications for shared services; imposing certain requirements on retail pharmacy engaged in shared services; providing for codification; and providing 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 353.31 of Title 59, unless there is created a duplication in numbering, reads as fol lows: A. As used in this section: Req. No. 888 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. “Central fill” means the filling of a prescription drug order by a central fill pharmacy licensed by the State Board of Pharmacy at the request of an originating pharmacy; 2. “Central fill pharmacy ” means a licensed resident or non- resident pharmacy facility that, upon the request of an origin ating pharmacy, performs the product fulfillment of the drug order and returns the filled prescription to the originating pharmacy for delivery to the patient or patient ’s agent or sends it directly to the patient for non-controlled substances. A central fill pharmacy that returns filled prescriptions to an originating pharmacy shall not be required to obtain a wholesale distributor license ; and 3. “Originating pharmacy ” means a pharmacy located in this state or out-of-state that is licensed or permitted by the state in which it is located and, upon receipt of a prescription drug order, requests a central fill pharmacy to perform the product fulfillment of the order and upon rece ipt of the filled prescription drug order, delivers the prescription to the patient or patient ’s agent. B. 1. An originating pharmacy may engage in product fulfillment with a central fill pharmacy if the pharmacies: a. have the same owner or have entered into a written contract or agreement that outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations , Req. No. 888 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to dispense or process a prescription drug order , c. ensure all state and federal laws regarding patient confidentiality, network security, and use of shared databases are followed , and d. maintain the prescription information in a readily retrievable manner. 2. The pharmacist-in-charge of a central fill pharmacy: a. shall ensure that the pharmacy maintains and uses adequate storage or shipment containers and shipping processes to ensure drug stability and potency. Such shipping processes shall include the use of appropriate packaging material or devices, or both, to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process , b. shall ensure that the filled prescriptions a re shipped in containers that are sealed in a manner that would show evidence of having been opened or tampered with , and c. may employ auxiliary supportive personnel to assist i n non-dispensing functions such as inventory, delivery, Req. No. 888 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 receiving, or packing of completed prescription orders. 3. Controlled substance prescriptions filled by a central fill pharmacy shall comply with both state and federal laws and regulations. 4. To the extent a pharmacy is acting as a central fill pharmacy, the pharmacy shall not fill prescriptions provided directly by a patient or an individual practitione r. C. 1. An originating pharmacy that engages in prescription filling by a central fill pharma cy shall, prior to the dispensing of the prescription: a. notify patients that their prescription may be filled by another pharmacy, and b. provide the name of that pharmacy or notify the patient if the pharmacy is part of a network of pharmacies under com mon ownership and that any of the network pharmacies may fill the prescription . 2. Patient notification may be provided through a one -time written notice to the patient or through use of a sign in the pharmacy. D. 1. A central fill pharmacy that deliver s prescriptions directly to a patient shall provide written information regarding the prescription with the filled prescription. Req. No. 888 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. A pharmacist at the originating pharmacy shall offer the patient or the patient ’s agent information about the prescription drug or device in accordance with Board rules. 3. This subsection shall not apply to patients in facilities including, but not limited to, hospitals or nursing facilities, where drugs are administered to patients by a person authorized to do so by law. E. The central fill pharmacy shall: 1. Place on the prescription label: a. the name and address of the originating pharmacy which receives the filled prescription for delivery to the patient or the patient ’s agent, and b. in some manner indicate which phar macy filled the prescription; 2. Comply with all other labeling requirements of federal and state law; and 3. Be exempt from signage requirements intended for patients. F. A central fill policy and procedure manual shall be maintained at both pharmacies and shall be available for inspection. The originating and central fill pharmacies shall maintain only those portions of the policy and procedure manual that relate to that pharmacy’s operations. The manual shall at minimum contain: 1. An outline of the responsibilities of the central fill pharmacy and the originating pharmacy i ncluding, but not limited to: Req. No. 888 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. confidentiality and integrity of patient information procedures, b. drug utilization review , c. counseling responsibilities , d. policies for operating a continuous quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified probl ems, e. safe delivery of prescriptions to patients , f. requirements for storag e and shipment of prescription medication, and g. procedures for conducting an annual review of written policies and procedures and for documentation of this review; and 2. Other responsibilities regarding proper handling of a prescription and delivery to a patient or a patient ’s agent pursuant to federal and state controlled substances laws and regulations. G. The pharmacist product verification responsibilities provided by paragraph 2 of subsection B of this section shall be deemed satisfied if: 1. The pharmacy establishes and follows a policy and procedure manual that complies with subsection F of this section ; or Req. No. 888 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The pharmacy uses an automated system, the system is fully automated from the time the medication is stocked into the machine until a completed, labeled, and sealed prescription is produced by the system that is ready for dispensing to the patient. No manual intervention with the medication may occur after the me dication is stocked into the system. For purposes of this paragraph, manual intervention shall not include preparing a finished prescription for mailing, delivery, or storage . H. 1. Records may be maintained in an alternative data retention system inclu ding, but not limited to, a data processing system or direct imaging system, if: a. the records maintained in the alternative system contain all of the information required on the manual record, and b. the data processing system is capable of producing a hard copy of the record upon the request of the Board, its representative, or o ther authorized local, state, or federal law enforcement or regulatory agency. 2. Each pharmacy shall maintain records in accordance with federal and state laws and regulations and shall be able to produce records as requested by the Board. 3. The originating pharmacy records shall include the date the request for filling was transmitted to the central fill pharmacy. 4. The central fill pharmacy records shall include: Req. No. 888 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. the date the filled prescription was mailed or delivered by the central fill pharmac y to the originating pharmacy , and b. if mailed or delivered to a patient, the name and address to which the filled prescription was shipped. I. A central fill pharmacy shall complete a pharmacy permit application provided by the Board and shall: 1. Provide the name of the owner, permit holder, and pharmacist-in-charge of the pharmacy for service of process; and 2. Pay the required fee as set by the Board through rule. The Board shall develop and implement a central fill permit and application under the authority granted by Section 353.18 of Title 59 of the Oklahoma Statutes. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 353.32 of Title 59, unless there is created a duplication in numbering, reads as follows: A. A pharmacy may engage in shared services with another pharmacy in accordance with this section and rules promulgated by the State Board of Pharmacy inc luding data entry, interpretation of a prescription or drug order, data entry verification, drug utilization review, product verification , centralized fulfillment under Section 1 of this act, or, when necessary, therapeutic intervention. Req. No. 888 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Before participating in shared services, a pharmacy shall have a current Board issued resident or non -resident retail pharmacy license. C. A pharmacy may provide or utilize shared services functions only if the pharmacies involved: 1. Either: a. have the same owner, o r b. have a written contract or agreement that outlines the services provided and the shared responsibilities of each party in complying with federal and state pharmacy laws and rules; and 2. Share a common electronic file or technology that allows access to information necessary or required to perform shared services in conformance with the Oklahoma Pharmacy Act and rules of the Board. D. A licensed retail pharmacy engaged in shared services shall : 1. Maintain manual or electronic records that identify, individually for each order processed, the name, initials, or identification code of each pharmacist, intern, and pharmacy technician who took part, as authorized by rules of the Board, in the data entry, prescription or order interpretation, data entry verification, drug utilization review, product verification , centralized fulfillment, or necessary therapeutic intervention performed at that pharmacy ; Req. No. 888 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Report to the Board as soon as practical the results of any disciplinary action taken by another stat e’s pharmacy regulatory agency involving shared services; 3. Provide adequate security to protect the confidentiality and integrity of patient information; and 4. Provide access for inspection of any required record or information of any request by the B oard or its designee. SECTION 3. This act shall become effective November 1, 2025. 60-1-888 DC 1/16/2025 11:03:10 AM