For the purposes of the Oklahoma Pharmacy Act: 1. “Accredited program” means those seminars, classes, meetings, work projects, and other educational courses approved by the State Board of Pharmacy for purposes of continuing professional education; 2. “Act” means the Oklahoma Pharmacy Act; 3. “Administer” means the direct application of a drug, whether by injection, inhalation, ingestion, or any other means, to the body of a patient; 4. “Assistant pharmacist” means any person presently licensed as an assistant pharmacist in this state by the Board pursuant to Section 353.10 of this title and for the purposes of the Oklahoma Pharmacy Act shall be considered the same as a pharmacist, except where otherwise specified; 5. “Board” or “State Board” means the State Board of Pharmacy; 6. “Certify” or “certification of a prescription” means the review of a filled prescription by a licensed pharmacist or a licensed practitioner with dispensing authority to confirm that the medication, labeling, and packaging of the filled prescription are accurate and meet all requirements prescribed by state and federal law. For the purposes of this paragraph, “licensed practitioner” shall not include optometrists with dispensing authority; 7. “Chemical” means any medicinal substance, whether simple or compound or obtained through the process of the science and art of chemistry, whether of organic or inorganic origin; 8. “Compounding” means the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug. Compounding includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns; 9. “Continuing professional education” means professional, pharmaceutical education in the general areas of the socioeconomic and legal aspects of health care; the properties and actions of drugs and dosage forms; and the etiology, characteristics, and therapeutics of the diseased state; 10. “Dangerous drug”, “legend drug”, “prescription drug”, or “Rx Only” means a drug: a. for human use subject to 21 U.S.C., Section 353(b)(1), or b. is labeled “Prescription Only”, or labeled with the following statement: “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian.”; 11. “Director” means the Executive Director of the State Board of Pharmacy unless context clearly indicates otherwise; 12. “Dispense” or “dispensing” means the interpretation, evaluation, and implementation of a prescription drug order including the preparation and delivery of a drug or device to a patient or a patient’s agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. Dispense includes sell, distribute, leave with, give away, dispose of, deliver, or supply; 13. “Dispenser” means a retail pharmacy, hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or administer prescription drugs, and the affiliated warehouses or distributions of such entities under common ownership and control that do not act as a wholesale distributor. For the purposes of this paragraph, dispenser does not mean a person who dispenses only products to be used in animals in accordance with 21 U.S.C., Section 360b(a)(5); 14. “Distribute” or “distribution” means the sale, purchase, trade, delivery, handling, storage, or receipt of a product, and does not include the dispensing of a product pursuant to a prescription executed in accordance with 21 U.S.C., Section 353(b)(1) or the dispensing of a product approved under 21 U.S.C., Section 360b(b); provided, taking actual physical possession of a product or title shall not be required; 15. “Doctor of Pharmacy” means a person licensed by the Board to engage in the practice of pharmacy. The terms “pharmacist”, “D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and shall have the same meaning wherever they appear in the Oklahoma Statutes and the rules promulgated by the Board; 16. “Drug outlet” means all manufacturers, repackagers, outsourcing facilities, wholesale distributors, third-party logistics providers, pharmacies, and all other facilities which are engaged in dispensing, delivery, distribution, or storage of dangerous drugs; 17. “Drugs” means all medicinal substances and preparations recognized by the United States Pharmacopeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and/or internal use in the cure, diagnosis, mitigation, treatment, or prevention of disease in humans or animals and all substances and preparations, other than food, intended to affect the structure or any function of the body of a human or animals; 18. “Drug sample” means a unit of a prescription drug packaged under the authority and responsibility of the manufacturer that is not intended to be sold and is intended to promote the sale of the drug; 19. “Durable medical equipment” has the same meaning as provided by Section 375.2 of this title; 20. “Filled prescription” means a packaged prescription medication to which a label has been affixed which contains such information as is required by the Oklahoma Pharmacy Act; 21. “Hospital” means any institution licensed as a hospital by this state for the care and treatment of patients, or a pharmacy operated by the Oklahoma Department of Veterans Affairs; 22. “Licensed practitioner” means: a. an allopathic physician, b. an osteopathic physician, c. a podiatric physician, d. a dentist, e. a veterinarian, f. an optometrist, or g. an Advanced Practice Registered Nurse, licensed to practice and authorized to prescribe dangerous drugs within the scope of practice of such practitioner; 23. “Manufacturer” or “virtual manufacturer” means with respect to a product: a. a person that holds an application approved under 21 U.S.C., Section 355 or a license issued under 42 U.S.C., Section 262 for such product, or if such product is not the subject of an approved application or license, the person who manufactured the product, b. a co-licensed partner of the person described in subparagraph a of this paragraph that obtains the product directly from a person described in this subparagraph or subparagraph a of this paragraph, c. an affiliate of a person described in subparagraph a or b of this paragraph who receives the product directly from a person described in this subparagraph or in subparagraph a or b of this paragraph, or d. a person who contracts with another to manufacture a product; 24. “Manufacturing” means the production, preparation, propagation, compounding, conversion, or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of the substances or labeling or relabeling of its container, and the promotion and marketing of such drugs or devices. The term manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by licensed pharmacies, licensed practitioners, or other persons; 25. “Medical gas” means those gases including those in liquid state upon which the manufacturer or distributor has placed one of several cautions, such as “Rx Only”, in compliance with federal law; 26. “Medical gas order” means an order for medical gas issued by a licensed prescriber; 27. “Medical gas distributor” means a person licensed to distribute, transfer, wholesale, deliver, or sell medical gases on drug orders to suppliers or other entities licensed to use, administer, or distribute medical gas and may also include a patient or ultimate user; 28. “Medical gas supplier” means a person who dispenses medical gases on drug orders only to a patient or ultimate user; 29. “Medicine” means any drug or combination of drugs which has the property of curing, preventing, treating, diagnosing, or mitigating diseases, or which is used for that purpose; 30. “Nonprescription drugs” means medicines or drugs which are sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this state and the federal government. Such items shall also include medical and dental supplies and bottled or nonbulk chemicals which are sold or offered for sale to the general public if such articles or preparations meet the requirements of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A., Section 321 et seq.; 31. “Outsourcing facility” including “virtual outsourcing facility” means a facility at one geographic location or address that: a. is engaged in the compounding of sterile drugs, b. has elected to register as an outsourcing facility, and c. complies with all requirements of 21 U.S.C., Section 353b; 32. “Package” means the smallest individual saleable unit of product for distribution by a manufacturer or repackager that is intended by the manufacturer for ultimate sale to the dispenser of such product. For the purposes of this paragraph, “individual saleable unit” means the smallest container of a product introduced into commerce by the manufacturer or repackager that is intended by the manufacturer or repackager for individual sale to a dispenser; 33. “Person” means an individual, partnership, limited liability company, corporation, or association, unless the context otherwise requires; 34. “Pharmacist-in-charge” or “PIC” means the pharmacist licensed in this state responsible for the management control of a pharmacy and all other aspects of the practice of pharmacy in a licensed pharmacy as provided by Section 353.18 of this title; 35. “Pharmacy” means a place regularly licensed by the State Board of Pharmacy in which prescriptions, drugs, medicines, chemicals, and poisons are compounded or dispensed or such place where pharmacists practice the profession of pharmacy, or a pharmacy operated by the Oklahoma Department of Veterans Affairs; 36. “Pharmacy technician”, “technician”, “Rx tech”, or “tech” means a person issued a technician permit by the State Board of Pharmacy to assist the pharmacist and perform nonjudgmental, technical, manipulative, non-discretionary functions in the prescription department under the immediate and direct supervision of a pharmacist; 37. “Poison” means any substance which when introduced into the body, either directly or by absorption, produces violent, morbid, or fatal changes, or which destroys living tissue with which such substance comes into contact; 38. “Practice of pharmacy” means: a. the interpretation and evaluation of prescription orders, b. the compounding, dispensing, administering, and labeling of drugs and devices, except labeling by a manufacturer, repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and devices, c. the participation in drug selection and drug utilization reviews, d. the proper and safe storage of drugs and devices and the maintenance of proper records thereof, e. the responsibility for advising by counseling and providing information, where professionally necessary or where regulated, of therapeutic values, content, hazards, and use of drugs and devices, f. the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a pharmacy, or g. the provision of those acts or services that are necessary to provide pharmaceutical care; 39. “Preparation” means an article which may or may not contain sterile products compounded in a licensed pharmacy pursuant to the order of a licensed prescriber; 40. “Prescriber” means a person licensed in this state who is authorized to prescribe dangerous drugs within the scope of practice of the person’s profession; 41. “Prescription” means and includes any order for drug or medical supplies written or signed, or transmitted by word of mouth, telephone, or other means of communication: a. by a licensed prescriber, b. by a physician assistant pursuant to a practice agreement, c. (1) under the supervision of a supervising physician, by a Certified Nurse Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife licensed in this state who has not obtained independent prescriptive authority under Section 1 of this act, or (2) by a Certified Nurse Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife licensed in this state who has obtained independent prescriptive authority under Section 1 of this act, or d. by an Oklahoma licensed wholesaler or distributor as authorized in Section 353.29.1 of this title; 42. “Product” means a prescription drug in a finished dosage form for administration to a patient without substantial further manufacturing, such as capsules, tablets, and lyophilized products before reconstitution. Product does not include blood components intended for transfusion, radioactive drugs or biologics and medical gas; 43. “Repackager”, including “virtual repackager”, means a person who owns or operates an establishment that repacks and relabels a product or package for further sale or distribution without further transaction; 44. “Sterile drug” means a drug that is intended for parenteral administration, an ophthalmic or oral inhalation drug in aqueous format, or a drug that is required to be sterile under state and federal law; 45. “Supervising physician” means an individual holding a current license to practice as a physician from the State Board of Medical Licensure and Supervision, pursuant to the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the State Board of Osteopathic Examiners, pursuant to the provisions of the Oklahoma Osteopathic Medicine Act, who supervises a Certified Nurse Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife as defined in Section 567.3a of this title who has not obtained independent prescriptive authority under Section 1 of this act, and who is not in training as an intern, resident, or fellow. The supervising physician shall remain in compliance with the rules promulgated by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners; 46. “Supportive personnel” means technicians and auxiliary supportive persons who are regularly paid employees of a pharmacy who work and perform tasks in the pharmacy as authorized by Section 353.18A of this title; 47. “Third-party logistics provider” including “virtual third- party logistics provider” means an entity that provides or coordinates warehousing, or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product but does not take ownership of the product, nor have responsibility to direct the sale or disposition of the product. For the purposes of this paragraph, third-party logistics provider does not include shippers and the United States Postal Service; 48. “Wholesale distributor” including “virtual wholesale distributor” means a person other than a manufacturer, a manufacturer’s co-licensed partner, a third-party logistics provider, or repackager engaged in wholesale distribution as defined by 21 U.S.C., Section 353(e)(4) as amended by the Drug Supply Chain Security Act; 49. “County jail” means a facility operated by a county for the physical detention and correction of persons charged with, or convicted of, criminal offenses or ordinance violations or persons found guilty of civil or criminal contempt; 50. “State correctional facility” means a facility or institution that houses a prisoner population under the jurisdiction of the Department of Corrections; 51. “Unit dose package” means a package that contains a single dose drug with the name, strength, control number, and expiration date of that drug on the label; and 52. “Unit of issue package” means a package that provides multiple doses of the same drug, but each drug is individually separated and includes the name, lot number, and expiration date. Added by Laws 1961, p. 445, § 1, emerg. eff. May 22, 1961. Amended by Laws 1973, c. 146, § 1, emerg. eff. May 14, 1973; Laws 1984, c. 27, § 1, emerg. eff. March 22, 1984; Laws 1987, c. 20, § 1, eff. Nov. 1, 1987; Laws 1993, c. 199, § 2, emerg. eff. May 24, 1993; Laws 1996, c. 186, § 1, eff. Nov. 1, 1996; Laws 1998, c. 128, § 1, eff. Nov. 1, 1998; Laws 2001, c. 400, § 6, eff. Nov. 1, 2001; Laws 2002, c. 22, § 19, emerg. eff. March 8, 2002; Laws 2002, c. 408, § 1, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 16, emerg. eff. June 9, 2004; Laws 2005, c. 18, § 1, eff. Nov. 1, 2005; Laws 2009, c. 321, § 1, eff. Nov. 1, 2009; Laws 2014, c. 340, § 1, eff. Nov. 1, 2014; Laws 2015, c. 230, § 1, eff. Nov. 1, 2015; Laws 2016, c. 285, § 1, eff. Nov. 1, 2016; Laws 2018, c. 106, § 1, eff. Nov. 1, 2018;
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