reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.63. Voluntary status - Protections from liability.

A. A mediation conducted through the Oklahoma Dental Mediation Act shall be voluntary and shall not be construed as a final action for the purposes of injunctive relief or the basis for an appeal to district court. A mediation committee, entities creating such mediation committees, members and staff of such mediation committee, and other persons who assist such mediation committees shall not be liable in any way for damages or injunctive relief under any law of this state with respect to any action taken in good faith by such mediation committee.
B. Any person who supplies information to a mediation committee in good faith and with reasonable belief that such information is true shall not be liable in any way for damages or injunctive relief under any law of this state with respect to giving such information to the mediation committee.
C. Either party involved in the mediation may request to be dismissed from the process at any time. Upon dismissal from the mediation program, the matter shall be referred back to the referring entity.
D. Upon the completion of a successful mediation, the referring entity shall be given notice that the mediation was successful.
Added by Laws 1991, c. 213, § 4, emerg. eff. May 21, 1991. Amended by Laws 2015, c. 229, § 27, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.64. Proceedings of mediation committee privileged - Exceptions.

A. Except as provided in subsections B and C of this section, any reports, statements, memoranda, proceedings, findings, or other records of mediation committees shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding. Nor shall any participants in the mediation process be compelled to disclose the proceedings of the mediation committee by deposition, interrogatories, requests for admission, or other means of legal compulsion for use as evidence in any judicial or administrative proceeding. This privilege may be claimed by the legal entity creating the mediation committee, the mediation committee, the individual members of the mediation committee, the dentist whose conduct is being examined, the patient requesting mediation and any witnesses testifying before or supplying information to the mediation committee. Such privilege shall only protect information derived from the mediation proceedings and shall not restrict discovery directed to the dentist who treated the patient, even though the testimony or records of the dentist have become part of the mediation record.
B. Nothing in this section shall limit the authority, which may otherwise be provided by law, of the Board of Dentistry to obtain records of proceedings of the mediation committee for use:
1. In conjunction with the determination of appeals of mediation committee recommendations;
2. In an investigation being conducted by a review panel of the Board, pursuant to Section 328.43a of this title; or
3. In an individual proceeding being conducted by the Board, pursuant to Section 328.44a of this title.
C. Nothing in this section shall limit the authority, which may otherwise be provided by law, of the Attorney General of the State of Oklahoma, a District Attorney, or a United States Attorney to obtain records of proceedings of the mediation committee for use in investigations or litigation, conducted by the State of Oklahoma or the federal government.
Added by Laws 1991, c. 213, § 5, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 2, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.65. Review of course of treatment rendered by a dentist - Election by patient - Submission of statement by dentist.

A patient may voluntarily seek review of a course of treatment rendered by a dentist. Such review is not mandatory or required prior to the initiation of litigation and the Oklahoma Dental Mediation Act shall in no way limit the patient's access to the courts nor in any way require the patient to participate in mediation proceedings as a prerequisite to initiating suit. If the patient elects to participate in the mediation procedure, the patient must file a written request for the review with a mediation committee in accordance with such rules that the organizations appointing the mediation committee may prescribe. In the request for review, the patient must provide the mediation committee with a true and correct statement of all material facts relating to the course of treatment complained of, the nature of the complaint, and the requested relief sought, in addition to any other requirements that may be prescribed by rule.
The dentist shall thereafter submit a true and correct statement of all material facts relating to the course of treatment complained of, the nature of the complaint, and the dentist's recommended action, if any, in addition to any other requirements that may be prescribed by rule.
The material submitted by the patient and dentist shall be provided by the committee to the opposing party.
Added by Laws 1991, c. 213, § 6, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 3, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.66. Recommendations of mediation committee.

Written recommendations of a mediation committee rendered pursuant to a request for review shall be given to the patient and the dentist concerned, by delivery thereof or by mailing such recommendations to the last-known address of each. The recommendations of the mediation committee shall not be binding on the patient or the dentist, but shall provide an objective assessment of the facts and the course of treatment rendered, and shall include, when appropriate, a proposed remedy or solution to the complaint presented in the request for review.
Added by Laws 1991, c. 213, § 7, emerg. eff. May 21, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.67. Appeal to state mediation appeals committee.

The patient or dentist may appeal the recommendation of the mediation committee to an appellate body to be known as the state mediation appeals committee. A request for an appeal shall be timely filed and conducted in accordance with the prescribed rules. A party must first request an appeal with the state mediation appeals committee before proceeding with a final appeal to the Board of Dentistry. If no intermediate appeal is provided by the applicable mediation program rules, a party may proceed directly to a final appeal before the Board of Dentistry, pursuant to Section 328.68 of this title. The state mediation appeals committee may either affirm, modify or reverse the recommendation of the mediation committee, and shall issue its written nonbinding recommendation to the parties.
Added by Laws 1991, c. 213, § 8, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 4, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.68. Request for final appeal.

The patient or dentist may file a request for a final appeal of a recommendation of the mediation committee or a recommendation of the state mediation appeals committee to the Board of Dentistry within thirty (30) days after the date of mailing of the mediation committee recommendation or the state mediation appeals committee recommendation. If such recommendation is not mailed, a patient or dentist may file a request for a final appeal within thirty (30) days after the date of delivery of such recommendation to the appealing party.
Added by Laws 1991, c. 213, § 9, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 5, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.69. Review and hearing by the Board of Governors of Registered Dentists.

The Board of Dentistry shall review the record of the mediation committee recommendation and the state mediation appeals committee in determining any final appeal. The Board may conduct a formal hearing upon the request of a party or upon its own initiative and may affirm, modify, or reverse the recommendation appealed. Any formal hearing shall be conducted by one or more members of the Board as it may determine, and a hearing shall be conducted in accordance with such rules as it may prescribe. The action of the Board in ruling upon the appealed recommendation shall constitute a final nonappealable decision, however, the final recommendation of the Board shall not be binding on the parties involved in the dispute.
Added by Laws 1991, c. 213, § 10, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 6, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.70. Reasonable procedural rules to be followed.

The mediation committee, the state mediation appeals committee, and the Board of Dentistry shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing shall be conducted in such manner as to ascertain the substantial rights of the parties. Mediation committees, state mediation appeals committees, and the Board shall apply reasonable procedural rules consistent with the provisions of the Oklahoma Dental Mediation Act. Each governing organization which is involved in the formation of mediation committees as described in paragraph 3 of Section 328.62 of this title shall adopt and, from time to time, may modify and amend rules of procedure.
Added by Laws 1991, c. 213, § 11, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 7, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.71. Appeals proceedings privileged and protected from liability - Admissibility of findings or recommendations during hearing or trial of litigation.

A. The protections of Section 328.64 of this title relating to the records created by mediation committees shall apply equally to any records, documents, or proceedings produced in any appeal of a mediation committee recommendation or a state mediation appeals committee recommendation, and protections from liability contained in Section 328.63 of this title shall apply equally to persons conducting or participating in appeal proceedings.
B. Neither the whole nor any portion of the findings or recommendations of a mediation committee, state mediation appeals committee, or the Board of Dentistry shall be introduced or admissible during any hearing or trial of litigation brought by the patient, unless both patient and dentist, after the court filing of a petition/complaint agree that the whole or a portion of the findings of the mediation committee, state mediation appeals committee, or the Board will be introduced or admitted during a hearing or trial.
Added by Laws 1991, c. 213, § 12, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 8, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.72. Implied repeal by subsequent legislation - Election out from federal coverage and reporting requirements.

The Oklahoma Dental Mediation Act being a general act intended as a unified coverage of the subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. This legislation affirmatively elects out, to the extent permitted by law, from the coverage and reporting requirements of the federal legislation, PL 99-660, with respect to all persons practicing dentistry in this state.
Added by Laws 1991, c. 213, § 13, emerg. eff. May 21, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.73. Election of remedies - Patient's rights.

A. A person may pursue any remedy now available through the courts, without first utilizing the provisions of the Oklahoma Dental Mediation Act.
B. No provisions of the Oklahoma Dental Mediation Act shall in any manner limit, alter, modify, delay, compromise or otherwise affect in any respect a patient's right to initiate litigation for relief.
Added by Laws 1991, c. 213, § 14, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 9, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353. Short title - Purpose - Declaration of pharmacy as profession.

A. Sections 353 through 366 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Pharmacy Act".
B. It is the purpose of the Oklahoma Pharmacy Act to promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale and distribution of dangerous drugs, medication, devices and such other materials as may be used in the diagnosis and treatment of injury, illness and disease.
C. In recognition of and consistent with the decisions of the appellate courts of this state, the practice of pharmacy is hereby declared to be a profession.
Added by Laws 1990, c. 120, § 1. Amended by Laws 1993, c. 199, § 1, emerg. eff. May 24, 1993.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.1a. Advanced practice nurses - Prescribing authority.

A. Prescribing authority shall be allowed, under the medical direction of a supervising physician, for an advanced practice nurse recognized by the Oklahoma Board of Nursing in one of the following categories: advanced registered nurse practitioners, clinical nurse specialists, or certified nurse-midwives. The advanced practice nurse may write or sign, or transmit by word of mouth, telephone or other means of communication an order for drugs or medical supplies that is intended to be filled, compounded, or dispensed by a pharmacist. The supervising physician and the advanced practice nurse shall be identified at the time of origination of the prescription and the name of the advanced practice nurse shall be printed on the prescription label.
B. Pharmacists may dispense prescriptions for non-controlled prescription drugs authorized by an advanced practice nurse or physician assistant, not located in Oklahoma, provided that they are licensed in the state in which they are actively prescribing.
C. Pharmacists may only dispense prescriptions for controlled dangerous substances prescribed by an advanced practice nurse or physician assistant licensed in the State of Oklahoma and supervised by an Oklahoma-licensed practitioner.
Added by Laws 1996, c. 186, § 2, eff. Nov. 1, 1996. Amended by Laws 2018, c. 106, § 2, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.1b. Certified registered nurse anesthetist - Prescribing authority.

A certified registered nurse anesthetist has authority to order, select, obtain and administer drugs pursuant to rules adopted by the Oklahoma Board of Nursing, only when engaged in the preanesthetic preparation or evaluation; anesthesia induction, maintenance or emergence; or postanesthesia care practice of nurse anesthesia. A certified registered nurse anesthetist may order, select, obtain and administer drugs only during the perioperative or periobstetrical period.
Added by Laws 1997, c. 250, § 1, eff. Nov. 1, 1997. Amended by Laws 2009, c. 321, § 2, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.1c. Pharmacists — Prescribing nonprescription drugs for certain purposes.

A pharmacist licensed by the State Board of Pharmacy may, in accordance with state and federal laws and rules, prescribe nonprescription drugs for the purposes of extemporaneous compounding or compounding for a known patient need in the practice area. The Board may promulgate rules to implement this section.
Added by Laws 2023, c. 105, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.3. Board of Pharmacy - Membership - Qualifications - Terms of office - Appointments.

A. The State Board of Pharmacy shall consist of six (6) persons, five who shall be licensed as pharmacists by this state and one who shall be a public member.
1. The pharmacist members shall be appointed by the Governor by and with the advice and consent of the Senate and shall:
a.
be registered and in good standing in the State of Oklahoma, and
b.
have been actively engaged in the practice of pharmacy within this state for a period of not less than five (5) years immediately prior to serving on the Board.
2. The public member shall be appointed by the Governor and shall:
a.
be a resident of the State of Oklahoma for not less than five (5) years, and
b.
not be a pharmacist or be related by blood or marriage within the third degree of consanguinity to a pharmacist.
B. The present members of the Board shall be appointed for a term of five (5) years. The public member of the Board shall serve a term coterminous with the Governor and shall serve at the pleasure of the Governor. The terms of the members of the Board shall expire on the 30th day of June of the year designated for the expiration of the term for which appointed but the member shall serve until a qualified successor has been duly appointed. No person shall be appointed to serve more than two consecutive terms. Appointments of pharmacists to the Board shall be made from a list of ten (10) names representative of the pharmacy profession submitted annually by the Executive Director of the Oklahoma Pharmacists Association after an election has been held by mail ballot.
Added by Laws 1961, p. 446, § 3, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 3, emerg. eff. May 24, 1993; Laws 2009, c. 321, § 3, eff. Nov. 1, 2009; Laws 2015, c. 230, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.5. State Board of Pharmacy – Elections and terms - Executive Director.

A. The State Board of Pharmacy shall annually elect a president and vice-president of the Board. The president and vice-president shall serve for a term of one (1) year and shall perform the duties prescribed by the Board.
B. Each member of the Board shall receive necessary travel expenses incurred in the discharge of official duties pursuant to the State Travel Reimbursement Act.
C. The Board shall employ an Executive Director who is a licensed pharmacist in this state. The Executive Director shall serve as the Chief Administrative Officer for the agency, the Chief Executive Officer of the Board, and may serve as the Chief Inspector if certified as a peace officer. The Executive Director shall perform such duties as required by the Board. The Executive Director of the Board shall receive an annual salary to be fixed by the Board.
D. The Executive Director shall:
1. Deposit funds with the State Treasurer to be expended in the manner and for the purposes provided by law; and
2. Report to the Board at each meeting, presenting an accurate monthly account as to the funds of the Board and make available written and acknowledged claims for all disbursements made.
Added by Laws 1961, p. 447, § 5, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 4, emerg. eff. May 24, 1993; Laws 2005, c. 419, § 2, eff. July 1, 2005; Laws 2009, c. 321, § 4, eff. Nov. 1, 2009; Laws 2015, c. 230, § 3, eff. Nov. 1, 2015; Laws 2018, c. 106, § 3, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.7a. Licensure fees for certain entities.

The State Board of Pharmacy shall assess the following licensure fees for the stated entities:
1. For a medical gas distributor, Four Hundred Dollars ($400.00) for an initial license and Two Hundred Dollars ($200.00) for a license renewal;
2. For a supplier of durable medical equipment, Four Hundred Dollars ($400.00) for an initial license and Two Hundred Dollars ($200.00) for a license renewal;
3. For a combined license for a medical gas distributor and supplier of durable medical equipment, Six Hundred Dollars ($600.00) for an initial license and Three Hundred Dollars ($300.00) for a license renewal; and
4. For a medical gas supplier, an amount determined by the Board in rule.
Added by Laws 2022, c. 288, § 8, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.9. Licensed pharmacists - Qualifications - Applications for examination - Fees - Certification.

A. All other qualified persons may become licensed as a Doctor of Pharmacy upon passing an examination approved by the State Board of Pharmacy. Before any applicant is allowed to sit for such examinations, such applicant shall submit to the Board sufficient proof that the applicant:
1. Is a graduate of an accredited School or College of Pharmacy approved by the Board, or is a foreign pharmacy school graduate who has received an FPGEC equivalency certification by the National Association of Boards of Pharmacy; and
2. Has attained experience in the practice of pharmacy, obtained in a place and in a manner prescribed and approved by the Board.
B. Interns, preceptors and training areas shall make application for a license, and shall pay a fee set by the Board, not to exceed One Hundred Dollars ($100.00).
C. All Doctor of Pharmacy applicants shall make application in the form and manner prescribed by the Board, and deposit with the Executive Director of the Board a fee set by the Board not to exceed Two Hundred Fifty Dollars ($250.00) plus the purchase price of the examination. Upon passing an examination and meeting such other requirements specified by the Board pursuant to the Oklahoma Pharmacy Act, the applicant shall be granted a license setting forth the qualifications to practice pharmacy. Any applicant failing an examination shall not sit for an additional examination until such applicant has made a new application and paid the fee provided herein.
D. The Board shall have the power to issue reciprocal certificates of licensure to applicants licensed in other states having like requirements. Such applicants shall be charged a fee not to exceed Two Hundred Fifty Dollars ($250.00).
E. The Board shall have the power to issue original certificates of licensure to applicants for the score transfer process administered by the National Association of Boards of Pharmacy; provided, such applicants shall provide sufficient proof of compliance with the requirements of paragraphs 1 through 3 of subsection A of this section. Such applicants shall be charged a fee not to exceed Two Hundred Fifty Dollars ($250.00).
Added by Laws 1961, p. 448, § 9, emerg. eff. May 22, 1961. Amended by Laws 1976, c. 83, § 3, emerg. eff. May 3, 1976; Laws 1981, c. 75, § 1, emerg. eff. April 16, 1981; Laws 1987, c. 65, § 1, eff. Nov. 1, 1987; Laws 1988, c. 30, § 1, eff. Nov. 1, 1988; Laws 1993, c. 199, § 7, emerg. eff. May 24, 1993; Laws 1994, c. 43, § 1, emerg. eff. April 11, 1994; Laws 2004, c. 523, § 18, emerg. eff. June 9, 2004; Laws 2009, c. 321, § 7, eff. Nov. 1, 2009; Laws 2015, c. 230, § 6, eff. Nov. 1, 2015; Laws 2019, c. 363, § 13, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.10. Assistant pharmacists.

A. Any person who was licensed as an assistant pharmacist before July 27, 1961, and who met the standards and requirements for licensure pursuant to the Oklahoma Pharmacy Act may practice as an assistant pharmacist.
B. Assistant pharmacists shall not manage a pharmacy.
C. Every assistant pharmacist shall meet the same requirements for pharmacists listed in Sections 353.11, 353.12 and 353.16A of this title.
Added by Laws 1961, p. 449, § 10, emerg. eff. May 22, 1961. Amended by Laws 1961, p. 453, § 1, emerg. eff. July 27, 1961; Laws 1993, c. 199, § 8, emerg. eff. May 24, 1993; Laws 2009, c. 321, § 8, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.11. License renewal - Fee

A. 1. Every licensed pharmacist who desires to continue in the profession of pharmacy in this state shall, on or before the expiration date of the license, complete a renewal form and remit to the State Board of Pharmacy a renewal fee to be fixed by the Board. Upon compliance with the provisions of the Oklahoma Pharmacy Act and payment of such renewal fee by a licensee in good standing with the Board, a renewal certificate of licensure shall be issued.
2. Every licensed pharmacist who fails to complete a renewal form and remit the required renewal fee to the Board by the fifteenth day after the expiration of the license shall pay a late fee to be fixed by the Board.
B. If any pharmacist fails or neglects to procure the renewal of his or her license, as herein required, the Board may, after the expiration of thirty (30) days following the issue of the notice, deprive the person of his or her license and all other privileges conferred by the Oklahoma Pharmacy Act.
C. In order to regain licensure, the pharmacist shall apply in writing to the Board requesting reinstatement. The pharmacist shall pay all back fees and provide proof of having obtained all delinquent continuing education plus an additional fifteen (15) hours of continuing education. The Board may require the pharmacist to appear before the Board at a regular meeting. The Board may require evidence of competency through examination or impose other requirements for reinstatement.
Added by Laws 1961, p. 449, § 11, emerg. eff. May 22, 1961. Amended by Laws 1970, c. 56, § 1, emerg. eff. March 16, 1970; Laws 1981, c. 75, § 2, emerg. eff. April 16, 1981; Laws 1990, c. 120, § 2; Laws 1993, c. 199, § 9, emerg. eff. May 24, 1993; Laws 2002, c. 408, § 3, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 19, emerg. eff. June 9, 2004; Laws 2009, c. 321, § 9, eff. Nov. 1, 2009; Laws 2015, c. 230, § 7, eff. Nov. 1, 2015; Laws 2016, c. 285, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.11a. Continuing education requirements - Inactive renewal certificates

A. No annual renewal certificate shall be issued to a pharmacist until such pharmacist has submitted proof to the State Board of Pharmacy that the pharmacist has satisfactorily completed no less than fifteen (15) clock hours of an accredited or Board-approved program of continuing professional education during the previous calendar year.
B. The Board may grant alternate methods of obtaining continuing education hours to a pharmacist who meets all necessary requirements for licensure except the continuing education requirements.
C. 1. Any pharmacist who does not meet the requirements for continuing education may obtain an inactive renewal certificate of licensure.
2. The holder of an inactive renewal certificate of licensure shall not engage in the practice of pharmacy in this state.
3. The holder of an inactive renewal certificate of licensure may apply to the Board to be removed from inactive status.
Added by Laws 2015, c. 230, § 8, eff. Nov. 1, 2015. Amended by Laws 2016, c. 285, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.12. Display of certificate of licensure - Discontinuance or change of place of business - Confiscation of certificates.

A. Every pharmacist, upon receiving a certificate of licensure pursuant to the Oklahoma Pharmacy Act, shall keep such certificate conspicuously displayed in the pharmacy where such pharmacist is actively engaged in the practice of pharmacy or in such a location as is otherwise prescribed by the State Board of Pharmacy. The current renewal receipt for licensure shall be attached to the lower left corner of the original certificate.
B. Every other registrant shall keep the license or permit conspicuously displayed in the licensee or permit holder's pharmacy or place of business.
C. Every licensee or permit holder shall, within ten (10) days after discontinuing or changing his or her place of practice, remove his or her license or permit and notify the Executive Director of the Board, in writing, of his or her new place of practice. Upon receipt of the notification, the Executive Director shall make the necessary change in the Board records.
D. Any member of the Board, inspector or pharmacist compliance officer duly authorized by the Board shall have authority to confiscate and void any certificate of licensure issued by the Board which has been displayed in any place not authorized by the Board, provided that the holder of the certificate, license or permit shall be entitled to a hearing before the Board and show cause why his or her certificate, license or permit should not be canceled.
Added by Laws 1961, p. 449, § 12, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 10, emerg. eff. May 24, 1993; Laws 2009, c. 321, § 10, eff. Nov. 1, 2009; Laws 2015, c. 230, § 9, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.16A. Incapacity of pharmacist - Effect on license.

The Board may refuse to issue or renew, or may suspend, revoke or restrict the license of any pharmacist because of incapacity of a nature that prevents such pharmacist from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public.
Added by Laws 1993, c. 199, § 12, emerg. eff. May 24, 1993.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.17. Unlawful use of titles relating to pharmacy.

A. No person shall take, use or exhibit the title of pharmacist, licensed pharmacist or Doctor of Pharmacy, "D.Ph." or "R.Ph.", either expressly or by implication, except as otherwise authorized by the Oklahoma Pharmacy Act.
B. No person other than one licensed under the Oklahoma Pharmacy Act shall take, use or exhibit the title "Druggist", "Pharmacy", "Drug Store", "Drug Department", "Drugs", "Drug Sundries", "Prescriptions", or any other term, sign or device or any word in similitude thereof.
Added by Laws 1961, p. 450, § 17, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 13, emerg. eff. May 24, 1993; Laws 2009, c. 321, § 13, eff. Nov. 1, 2009; Laws 2015, c. 230, § 10, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.17A. Unlawful impersonation of a pharmacist.

It shall be unlawful to impersonate a pharmacist. If a person impersonates a pharmacist and causes patient harm, then, upon conviction, it shall be a felony.
Added by Laws 2009, c. 321, § 14, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.18A. Pharmacy technicians - Permits.

A. Supportive personnel may perform certain tasks in the practice of pharmacy if such personnel perform the tasks in compliance with rules promulgated by the State Board of Pharmacy.
B. 1. No person shall serve as a pharmacy technician without first procuring a permit from the Board.
2. An application for an initial or renewal pharmacy technician permit issued pursuant to the provisions of this subsection shall be submitted to the Board and provide any other information deemed relevant by the Board.
3. An application for an initial or renewal permit shall be accompanied by a permit fee not to exceed Seventy Five Dollars ($75.00) for each period of one (1) year. A permit issued pursuant to this subsection shall be valid for a period to be determined by the Board.
4. Every permitted pharmacy technician who fails to complete a renewal form and remit the required renewal fee to the Board by the fifteenth day after the expiration of the permit shall pay a late fee to be fixed by the Board.
5. A pharmacy technician permit shall be cancelled thirty (30) days after expiration.
6. A person may obtain reinstatement of a cancelled pharmacy technician permit by making application, paying a reinstatement fee, and satisfactorily completing other requirements set by the Board.
Added by Laws 2015, c.230, § 12, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.20. Pharmaceutical equipment and library required - Scales and balances - Sanitary appliances and conditions - Pharmaceutical records.

A. Every pharmacy shall have the proper pharmaceutical equipment so that prescriptions can be filled, and the practice of pharmacy can be properly conducted. The State Board of Pharmacy shall prescribe the minimum professional and technical equipment and library which a pharmacy shall at all times possess. The premises and equipment of such pharmacy shall be kept in a clean and orderly manner. Drugs shall be maintained under conditions recommended by the manufacturer until delivery to the patient. No pharmacy license shall be issued or continued until or unless such pharmacy has complied with the Oklahoma Pharmacy Act.
B. The Board may from time to time require that scales and balances be condemned, or other specific equipment changes be made. Failure by the pharmacy to comply with such requirements within sixty (60) days may result in revocation of the pharmacy license.
C. Every dispenser shall keep a suitable book, file or record in which shall be preserved for a period of not less than five (5) years every prescription compounded or dispensed at the pharmacy, and the book or file of prescriptions shall at all times be open to inspection by the members of the Board or its duly authorized agents.
Added by Laws 1961, p. 451, § 20, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 15, emerg. eff. May 24, 1993; Laws 2009, c. 321, § 16, eff. Nov. 1, 2009; Laws 2015, c. 230, § 13, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.20.1. Recording of prescriptions - Prescription label requirements.

A. Prescriptions received by other than written communication shall be promptly recorded in writing by the pharmacist. The record made by the pharmacist shall constitute the original prescription to be filled by the pharmacist.
B. A filled prescription label shall include the name and address of the pharmacy of origin, date of filling, name of patient, name of prescriber, directions for administration, and prescription number. The symptom or purpose for which the drug is prescribed may appear on the label if provided by the practitioner and requested by the patient or the patient's authorized representative. If the symptom or purpose for which a drug is prescribed is not provided by the practitioner, the pharmacist may fill the prescription without contacting the practitioner, patient, or patient's representative. Filled prescriptions issued for veterinarian drugs shall be labeled according to rules promulgated by the Oklahoma State Board of Veterinary Medical Examiners. The label shall also include the trade or generic name, prescribed quantity, and prescription strength of the drug therein contained, except when otherwise directed by the prescriber. This requirement shall not apply to prescriptions or medicines and drugs supplied or delivered directly to patients for consumption on the premises of any hospital or mental institution. This requirement shall not apply to dialysate sold, dispensed or delivered in their original, sealed packaging upon receipt of a prescriber's order.
C. No prescription shall be written in any characters, figures, or ciphers other than in the English or Latin language generally in use among medical and pharmaceutical practitioners.
Added by Laws 2015, c. 230, § 14, eff. Nov. 1, 2015. Amended by Laws 2018, c. 106, § 5, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.22. Sale of poisons.

A. It shall be unlawful for:
1. Any person to sell any poison without distinctly labeling the box, vessel or paper in which the poison is contained with the name of the poison, the word "poison", and the name and the place of business of the seller; or
2. Any pharmacist, or other person, to sell any poison without causing an entry to be made in a book kept for that purpose before delivering the same to the purchaser, stating the date of the sale, the name and address of the purchaser, the name of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser. Such book shall always be available for inspection by the proper authorities and shall be preserved for at least five (5) years.
B. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses upon the prescription of a prescriber.
Added by Laws 1961, p. 451, § 22, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 16, emerg. eff. May 24, 1993; Laws 2009, c. 321, § 17, eff. Nov. 1, 2009; Laws 2015, c. 230, § 15, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.25. Violation of act - Penalty - Perjury.

A. The violation of any provision of the Oklahoma Pharmacy Act for which no penalty is specifically provided shall be punishable as a misdemeanor.
B. Any person who shall willfully make any false representations in procuring or attempting to procure for himself or herself, or for another, licensure under the Oklahoma Pharmacy Act shall be guilty of the felony of perjury.
Added by Laws 1961, p. 452, § 25. Amended by Laws 1993, c. 199, § 17, emerg. eff. May 24, 1993; Laws 1997, c. 133, § 506, eff. July 1, 1999; Laws 2009, c. 321, § 19, eff. Nov. 1, 2009.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 506 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.29.1. Veterinary prescription drugs.

A. Nothing in the Oklahoma Pharmacy Act shall prevent veterinary prescription drugs from being shipped directly from an Oklahoma licensed wholesaler or distributor to a client, provided such drugs may be supplied to the client only on the order of a veterinarian licensed in this state and only when a valid veterinarian-client-patient relationship exists.
B. Drugs supplied pursuant to the provision of this section shall not be required to be certified by a pharmacist prior to being supplied by a wholesaler or distributor.
C. It shall be unlawful for a client or the client's authorized agent to acquire or use any prescription drug other than according to the label or outside of a valid veterinarian-client-patient relationship.
D. It shall be unlawful for a wholesaler or distributor licensed in this state to sell a prescription-labeled drug to a client or the client's authorized agent without a valid veterinarian-client-patient relationship in place.
E. Compliance with the Oklahoma Pharmacy Act as it relates to veterinary prescription-labeled drugs shall be pursuant to rules promulgated by the Oklahoma State Board of Veterinary Medical Examiners and in consultation with the State Veterinarian in accordance with state law.
Added by Laws 2015, c. 230, § 18, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.29.2. Prescriptions for ocular abnormalities.

A. Pharmacists may dispense prescriptions for dangerous drugs for the treatment of ocular abnormalities, provided that such prescriptions are written by optometrists who are certified by the state in which they are actively practicing. Prescriptions for dangerous drugs issued by licensed optometrists shall include the optometrist's license number.
B. Pharmacists may dispense prescriptions for controlled dangerous substances specified in Section 581 of this title for the treatment of ocular abnormalities, provided that such prescriptions are written by optometrists licensed by the Oklahoma State Board of Examiners in Optometry. Prescriptions for controlled dangerous substances issued by licensed optometrists shall include the optometrist's license number and the optometrist's identification number issued by the United States Drug Enforcement Administration.
Added by Laws 2015, c. 230, § 19, eff. Nov. 1, 2015. Amended by Laws 2018, c. 106, § 8, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-353.30. Use of agreements - Training requirements and administration of immunizations and therapeutic injections.

A. The use of agreements in the practice of pharmacy shall be acceptable within the rules promulgated by the State Board of Pharmacy and in consultation with the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners.
B. The Board shall develop and prepare permanent rules relating to training requirements and administration of immunizations and therapeutic injections in consultation within the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners.
C. A pharmacist who has completed a requisite course of training as approved by the Board in consultation with the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners may administer therapeutic injections on orders from a licensed prescriber, and may administer immunizations that have been approved or authorized by the Food and Drug Administration without a patient-specific prescription, standing order or similar arrangement.
Added by Laws 2002, c. 408, § 5, emerg. eff. June 5, 2002. Amended by Laws 2003, c. 307, § 1, emerg. eff. May 27, 2003; Laws 2009, c. 321, § 22, eff. Nov. 1, 2009; Laws 2018, c. 106, § 9, eff. Nov. 1, 2018; Laws 2021, c. 178, § 1, emerg. eff. April 22, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-354. Prescription as property right of patient - Duty to provide reference copies and transfer prescriptions.

A. A prescription is the property of the patient for whom it is prescribed.
B. No pharmacist shall refuse, upon request by that customer in person or through an authorized pharmacist, to transfer a prescription to another pharmacy, or to supply a reference copy in writing or by telephone.
C. No licensed prescriber shall refuse to honor the request of his or her patient to have his or her prescription transmitted to the licensed pharmacist or licensed pharmacy of the patient's choice.
Added by Laws 1974, c. 79, § 1, emerg. eff. April 19, 1974. Amended by Laws 1993, c. 199, § 21, emerg. eff. May 24, 1993; Laws 2009, c. 321, § 23, eff. Nov. 1, 2009; Laws 2015, c. 230, § 20, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-355.1. Dispensing dangerous drugs - Procedure - Registration - Exemptions.

A. Except as provided for in Section 353.1 et seq. of this title, only a licensed practitioner may dispense dangerous drugs to such practitioner's patients, and only for the expressed purpose of serving the best interests and promoting the welfare of such patients. The dangerous drugs shall be dispensed in an appropriate container to which a label has been affixed. Such label shall include the name and office address of the licensed practitioner, date dispensed, name of patient, directions for administration, prescription number, the trade or generic name and the quantity and strength, not meaning ingredients, of the drug therein contained; provided, this requirement shall not apply to compounded medicines. The licensed practitioner shall keep a suitable book, file or record in which shall be preserved for a period of not less than five (5) years a record of every dangerous drug compounded or dispensed by the licensed practitioner.
B. A prescriber desiring to dispense dangerous drugs pursuant to this section shall register annually with the appropriate licensing board as a dispenser, through a regulatory procedure adopted and prescribed by such licensing board.
C. A prescriber who dispenses professional samples to patients shall be exempt from the requirement of subsection B of this section if:
1. The prescriber furnishes the professional samples to the patient in the package provided by the manufacturer;
2. No charge is made to the patient; and
3. An appropriate record is entered in the patient's chart.
D. This section shall not apply to the services provided through the State Department of Health, city/county health departments, or the Department of Mental Health and Substance Abuse Services.
E. This section shall not apply to organizations and services incorporated as state or federal tax-exempt charitable nonprofit entities and/or organizations and services receiving all or part of their operating funds from a local, state or federal governmental entity; provided, such organizations and services shall comply with the labeling and recordkeeping requirements set out in subsection A of this section.
Added by Laws 1987, c. 20, § 5, eff. Nov. 1, 1987. Amended by Laws 1987, c. 168, § 5, eff. Nov. 1, 1987; Laws 1990, c. 51, § 122, emerg. eff. April 9, 1990; Laws 1997, c. 250, § 5, eff. Nov. 1, 1997; Laws 2015, c. 230, § 21, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-355.2. Violations of act – Adoption of rules.

A. A licensed prescriber violating any of the provisions of the Oklahoma Pharmacy Act shall be subject to appropriate actions established in the rules and regulations of his or her licensing board.
B. Rules relating to the Oklahoma Pharmacy Act shall be adopted by the appropriate licensing boards after consultation and review with the Oklahoma State Board of Pharmacy.
Added by Laws 1987, c. 20, § 6, eff. Nov. 1, 1987. Amended by Laws 2009, c. 321, § 24, eff. Nov. 1, 2009; Laws 2015, c. 230, § 22, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-355.4. Substituting interchangeable biological products for prescribed biological products.

A. For the purposes of this section:
1. "Biological product" has the same meaning given to that term in 42 U.S.C., Section 262; and
2. "Interchangeable biological product" means a biological product that the U.S. Food and Drug Administration (FDA):
a.
has licensed, and determined to meet the standards for interchangeability pursuant to 42 U.S.C., Section 262(k)(4), or
b.
has determined is therapeutically equivalent as set forth in the latest edition of or supplement to the United States Food and Drug Administration's (FDA) Approved Drug Products with Therapeutic Equivalence Evaluations.
B. A pharmacist may substitute an interchangeable biological product for a prescribed biological product if:
1. The substituted product has been determined by FDA to be interchangeable, as defined in subsection A of this section, with the prescribed biological product;
2. The prescribing health care provider does not express a preference against substitution in writing, verbally or electronically; and
3. The pharmacy informs the patient of the substitution.
C. The dispensing pharmacist or the pharmacist's designee shall make an entry into an electronic records system of the specific product provided to the patient including the name of the product and the manufacturer. The communication shall be conveyed by making an entry through:
1. An interoperable electronic medical records system;
2. An electronic prescribing technology;
3. A pharmacy benefit management system; or
4. A pharmacy record.
D. Entry into an electronic records system as described in subsection C of this section is presumed to provide notice to the prescriber. If no electronic records system is in use by the pharmacy, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission or other prevailing means, except that communication shall not be required where:
1. There is no FDA-approved interchangeable biological product for the product prescribed; or
2. A refill prescription is not changed from the product dispensed on the prior filling of the prescription.
E. The dispensing pharmacist or a prescriber shall not be:
1. Required to show proof that the prescriber has access to the record in any type of payment audit conducted by a payer or pharmacy benefit manager; or
2. Subject to disciplinary action or civil penalties for failure to ensure that the record is accessible or for failure to access the record.
F. The State Board of Pharmacy shall maintain a link on its Internet website to the current list of all biological products determined by the FDA to be interchangeable with a specific biological product.
G. Nothing in this section shall preclude existing approved brand and generic substitutions.
Added by Laws 2021, c. 167, § 1, eff. Nov. 1, 2021.