reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-356.1. Definitions – Purpose - Application.

A. For purposes of the Pharmacy Audit Integrity Act, “pharmacy benefits manager” or “PBM” means a person, business, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a PBM in a contractual or employment relationship in the performance of pharmacy benefits management for a managed care company, nonprofit hospital, medical service organization, insurance company, third-party payor, or a health program administered by a department of this state.
B. The purpose of the Pharmacy Audit Integrity Act is to establish minimum and uniform standards and criteria for the audit of pharmacy records by or on behalf of certain entities.
C. The Pharmacy Audit Integrity Act shall apply to any audit of the records of a pharmacy conducted by a managed care company, nonprofit hospital, medical service organization, insurance company, third-party payor, pharmacy benefits manager, a health program administered by a department of this state, or any entity that represents these companies, groups, or departments.
Added by Laws 2008, c. 137, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-356.3. Appeals process - Dismissal - Fraud or willful misrepresentation - Application of act.

A. Each entity conducting an audit shall establish a written appeals process under which a pharmacy may appeal an unfavorable preliminary audit report and/or final audit report to the entity.
B. Following an appeal, if the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or the unsubstantiated portion of the audit report without any further action.
C. Any final audit report, following the final audit appeal period, with a finding of fraud or willful misrepresentation shall be referred to the district attorney having proper jurisdiction or the Attorney General for prosecution upon completion of the appeals process.
D. This act does not apply to any audit, review or investigation that is initiated based on or that involves fraud, willful misrepresentation or abuse.
Added by Laws 2008, c. 137, § 4, eff. Nov. 1, 2008. Amended by Laws 2011, c. 375, § 2, eff. Nov. 1, 2011; Laws 2021, c. 409, § 2, emerg. eff. May 4, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-356.4. Extrapolation audit prohibited.

A. For the purposes of the Pharmacy Audit Integrity Act, “extrapolation audit” means an audit of a sample of prescription drug benefit claims submitted by a pharmacy to the entity conducting the audit that is then used to estimate audit results for a larger batch or group of claims not reviewed by the auditor.
B. The entity conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.
Added by Laws 2008, c. 137, § 5, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-356.5. Retrospective application – Audits not covered by act.

A. The audit criteria set forth in the Pharmacy Audit Integrity Act shall apply only to audits of claims for services provided and claims submitted for payment after this act becomes law.
B. The Pharmacy Audit Integrity Act shall not apply to any audit, including but not limited to audits conducted by or on behalf of a state agency, which involves fraud, willful misrepresentation, abuse or Medicaid payments including, without limitation, investigative audits or any other statutory provision which authorizes investigations relating to insurance fraud.
Added by Laws 2008, c. 137, § 6, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-358. Pharmacy benefits management licensure – Procedures – Penalties for noncompliance.

A. In order to provide pharmacy benefits management or any of the services included under the definition of pharmacy benefits management in this state, a pharmacy benefits manager or any entity acting as one in a contractual or employment relationship for a covered entity shall first obtain a license from the Oklahoma Insurance Department, and the Department may charge a fee for such licensure.
B. The Department shall establish, by regulation, licensure procedures, required disclosures for pharmacy benefits managers (PBMs) and other rules as may be necessary for carrying out and enforcing the provisions of this act. The licensure procedures shall, at a minimum, include the completion of an application form that shall include the name and address of an agent for service of process, the payment of a requisite fee, and evidence of the procurement of a surety bond.
C. The Department may subpoena witnesses and information. Its compliance officers may take and copy records for investigative use and prosecutions. Nothing in this subsection shall limit the Office of the Attorney General from using its investigative demand authority to investigate and prosecute violations of the law.
D. The Department may suspend, revoke or refuse to issue or renew a license for noncompliance with any of the provisions hereby established or with the rules promulgated by the Department; for conduct likely to mislead, deceive or defraud the public or the Department; for unfair or deceptive business practices or for nonpayment of a renewal fee or fine. The Department may also levy administrative fines for each count of which a PBM has been convicted in a Department hearing.
Added by Laws 2014, c. 263, § 2, eff. July 1, 2014. Amended by Laws 2021, c. 409, § 3, emerg. eff. May 4, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-359. Information regarding difference in amount paid for prescription services rendered and amount billed.

A pharmacy benefits manager shall provide, upon request by the covered entity, information regarding the difference in the amount paid to providers for prescription services rendered to covered individuals and the amount billed by the pharmacy benefits manager to the covered entity or plan sponsor to pay for prescription services rendered to covered individuals.
Added by Laws 2014, c. 263, § 3, eff. July 1, 2014. Amended by Laws 2021, c. 409, § 4, emerg. eff. May 4, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-367.2. Definitions.

As used in the Utilization of Unused Prescription Medications Act:
1. “Assisted living center” has the same meaning as such term is defined in Section 1-890.2 of Title 63 of the Oklahoma Statutes;
2. “Cancer drugs” means any of several drugs that control or kill neoplastic cells, commonly referred to as “cancer-fighting drugs”; and includes, but is not limited to, drugs used in chemotherapy to destroy cancer cells;
3. “Health care professional” means any of the following persons licensed and authorized to prescribe and dispense drugs or to provide medical, dental, or other health-related diagnoses, care or treatment within the scope of their professional license:
a.
a physician holding a current license to practice medicine pursuant to Chapter 11 or Chapter 14 of Title 59 of the Oklahoma Statutes,
b.
an advanced practice nurse licensed pursuant to Chapter 12 of Title 59 of the Oklahoma Statutes,
c.
a physician assistant licensed pursuant to Chapter 11 of Title 59 of the Oklahoma Statutes,
d.
a dentist licensed pursuant to Chapter 7 of Title 59 of the Oklahoma Statutes,
e.
an optometrist licensed pursuant to Chapter 13 of Title 59 of the Oklahoma Statutes, and
f.
a pharmacist licensed pursuant to Chapter 8 of Title 59 of the Oklahoma Statutes;
4. “Medically indigent” means a person eligible to receive Medicaid or Medicare or a person who has no health insurance and who otherwise lacks reasonable means to purchase prescribed medications;
5. “Charitable clinic” means a charitable nonprofit corporation or a facility organized as a not-for-profit pursuant to the provisions of the Oklahoma General Corporation Act that:
a.
holds a valid exemption from federal income taxation issued pursuant to Section 501(a) of the Internal Revenue Code (26 U.S.C., Section 501(a)),
b.
is listed as an exempt organization under 501(c) of the Internal Revenue Code (26 U.S.C., Section 501(c)),
c.
provides on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at such facility advice, counseling, diagnosis, treatment, surgery, care or services relating to the preservation or maintenance of health, and
d.
has a licensed outpatient pharmacy; and
6. “Prescription drug” means a drug which may be dispensed only upon prescription by a health care professional authorized by his or her licensing authority and which is approved for safety and effectiveness as a prescription drug under Section 505 or 507 of the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938), 21 U.S.C.A., Section 301).
Added by Laws 2004, c. 374, § 2, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-367.3. Program for utilization of unused prescription drugs.

A. The Board of Pharmacy shall implement statewide a program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled dangerous substances in Section 2-101 of Title 63 of the Oklahoma Statutes, may be transferred from residential care homes, nursing facilities, assisted living centers, public intermediate care facilities for individuals with intellectual disabilities (ICFs/IID) or pharmaceutical manufacturers to pharmacies operated by a county. If no county pharmacy exists, or if a county pharmacy chooses not to participate, such unused prescription medications may be transferred to a pharmacy operated by a city-county health department or a pharmacy under contract with a city-county health department, a pharmacy operated by the Department of Mental Health and Substance Abuse Services or a charitable clinic for the purpose of distributing the unused prescription medications to Oklahoma residents who are medically indigent.
B. The Board of Pharmacy shall promulgate rules and establish procedures necessary to implement the program established by the Utilization of Unused Prescription Medications Act.
C. The Board of Pharmacy shall provide technical assistance to entities who may wish to participate in the program.
Added by Laws 2001, c. 281, § 1, eff. Nov. 1, 2001. Amended by Laws 2002, c. 462, § 3, eff. July 1, 2002; Laws 2003, c. 167, § 1, emerg. eff. May 5, 2003; Laws 2004, c. 374, § 3, emerg. eff. June 3, 2004. Renumbered from § 1-1918.2 of Title 63 by Laws 2004, c. 374, § 9, emerg. eff. June 3, 2004. Amended by Laws 2005, c. 285, § 1, eff. Nov. 1, 2005; Laws 2006, c. 109, § 1, eff. Nov. 1, 2006; Laws 2019, c. 475, § 45, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-367.4. Criteria for accepting unused prescription drugs.

The following criteria shall be used in accepting unused prescription drugs for use under the Utilization of Unused Prescription Medications Act:
1. Only prescription drugs in their original sealed unit dose packaging or unused injectables shall be accepted and dispensed pursuant to the Utilization of Unused Prescription Medications Act;
2. The packaging must be unopened, except that cancer drugs packaged in single-unit doses may be accepted and dispensed when the outside packaging is opened if the single-unit-dose packaging has not been opened;
3. Expired prescription drugs shall not be accepted;
4. A prescription drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug is adulterated;
5. No controlled dangerous substances shall be accepted; and
6. Subject to the limitation specified in this section, unused prescription drugs dispensed for purposes of a medical assistance program or drug product donation program may be accepted and dispensed under the Utilization of Unused Prescription Medications Act.
Added by Laws 2004, c. 374, § 4, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-367.5. Participation in program voluntary – Acts and obligations of participating organization – Government reimbursement not considered resale.

A. Participation in the Utilization of Unused Prescription Medications Act by pharmacies, nursing homes, assisted living centers, charitable clinics or prescription drug manufacturers shall be voluntary. Nothing in the Utilization of Unused Prescription Medications Act shall require any pharmacy, nursing home, assisted living center, charitable clinic or prescription drug manufacturer to participate in the program.
B. A pharmacy or charitable clinic which meets the eligibility requirements established in the Utilization of Unused Prescription Medications Act may:
1. Dispense prescription drugs donated under the Utilization of Unused Prescription Medications Act to persons who are medically indigent residents of Oklahoma as established in rules by the Board of Pharmacy; and
2. Charge persons receiving donated prescription drugs a handling fee established by rule by the Board of Pharmacy.
C. A pharmacy or charitable clinic which meets the eligibility requirements established and authorized by the Utilization of Unused Prescription Medications Act which accepts donated prescription drugs shall:
1. Comply with all applicable federal and state laws related to the storage and distribution of dangerous drugs;
2. Inspect all prescription drugs prior to dispensing the prescription drugs to determine that such drugs are not adulterated; and
3. Dispense prescription drugs only pursuant to a prescription issued by a health care professional.
D. Prescription drugs donated under the Utilization of Unused Prescription Medications Act shall not be resold.
E. For purposes of the Utilization of Unused Prescription Medications Act, reimbursement from governmental agencies to charitable clinics shall not be considered resale of prescription drugs.
Added by Laws 2004, c. 374, § 5, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-367.6. Liability of participating organizations and manufacturers – Bad faith or gross negligence.

A. For matters related only to the lawful donation, acceptance, or dispensing of prescription drugs under the Utilization of Unused Prescription Medications Act, the following persons and entities, in compliance with the Utilization of Unused Prescription Medications Act, in the absence of bad faith or gross negligence, shall not be subject to criminal or civil liability for injury other than death, or loss to person or property, or professional disciplinary action:
1. The Board of Pharmacy;
2. The Department of Mental Health and Substance Abuse Services;
3. Any prescription drug manufacturer, governmental entity, nursing home, or assisted living center donating prescription drugs under the Utilization of Unused Prescription Medications Act;
4. Any prescription drug manufacturer or its representative that directly donates prescription drugs in professional samples to a charitable clinic or a pharmacy under the Utilization of Unused Prescription Medications Act;
5. Any pharmacy, charitable clinic or health care professional that accepts or dispenses prescription drugs under the Utilization of Unused Prescription Medications Act; and
6. Any pharmacy, charitable clinic, city-county pharmacy or other state-contracted pharmacy that employs a health care professional who accepts or can legally dispense prescription drugs under the Utilization of Unused Prescription Medications Act and the Oklahoma Pharmacy Act.
B. For matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any entity under the Utilization of Unused Prescription Medications Act, a prescription drug manufacturer shall not, in the absence of bad faith or gross negligence, be subject to criminal or civil liability for injury other than for death, or loss to person or property including, but not limited to, liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
Added by Laws 2004, c. 374, § 6, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-367.7. Promulgation of rules – Donation of unused prescription drugs.

A. The Board of Pharmacy shall promulgate emergency rules by December 1, 2004, to implement the Utilization of Unused Prescription Medications Act. Permanent rules shall be promulgated pursuant to the Administrative Procedures Act. Such rules shall include:
1. Eligibility criteria for pharmacies and charitable clinics authorized to receive and dispense donated prescription drugs under the Utilization of Unused Prescription Medications Act;
2. Establishment of a formulary which shall include all prescription drugs approved by the federal Food and Drug Administration;
3. Standards and procedures for transfer, acceptance, safe storage, security, and dispensing of donated prescription drugs;
4. A process for seeking input from the State Department of Health in establishing provisions which affect nursing homes and assisted living centers;
5. A process for seeking input from the Department of Mental Health and Substance Abuse Services in establishing provisions which affect mental health and substance abuse clients;
6. Standards and procedures for inspecting donated prescription drugs to ensure that the drugs are in compliance with the Utilization of Unused Prescription Medications Act and to ensure that, in the professional judgment of the pharmacist, the medications meet all federal and state standards for product integrity;
7. Procedures for destruction of medications that are donated which are controlled substances;
8. Procedures for verifying whether the pharmacy and responsible pharmacist participating in the program are licensed and in good standing with the Board of Pharmacy;
9. Establishment of standards for acceptance of unused prescription medications from assisted living centers; and
10. Any other standards and procedures the Board of Pharmacy deems appropriate or necessary to implement the provisions of the Utilization of Unused Prescription Medications Act.
B. In accordance with the rules and procedures of the program established pursuant to this section, a resident of a nursing facility or assisted living center, or the representative or guardian of a resident may donate unused prescription medications, other than prescription drugs defined as controlled dangerous substances by Section 2-101 of Title 63 of the Oklahoma Statutes, for dispensation to medically indigent persons.
Added by Laws 2004, c. 374, § 7, emerg. eff. June 3, 2004. Amended by Laws 2005, c. 73, § 1, emerg. eff. April 19, 2005.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-367.8. Maintenance of drugs in emergency kits by pharmacies.

A. A pharmacy may maintain drugs in an emergency medication kit for dispensation in a facility as provided by this section. The pharmacy shall establish a policy and procedures governing the maintenance and dispensation of such drugs in accordance with the provisions of this section. The drugs may be used only for the emergency medication needs of a resident at the facility. The pharmacy shall maintain the drugs in the emergency medication kit for the facility.
B. The pharmacy may establish a pharmacy designee at the facility who shall be responsible for transmitting required information for dispensation of controlled dangerous substances to the central repository of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control as provided by the Anti-Drug Diversion Act.
C. The pharmacy shall register the emergency medication kit as a pharmacy location with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and shall comply with the requirements for controlled dangerous substances prescribed by rules of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission.
D. The State Board of Pharmacy shall promulgate rules relating to emergency medication kits including, but not limited to:
1. The amount and type of drugs that may be maintained in an emergency medication kit. The total volume of each controlled dangerous substance shall be limited to the lesser of three doses per licensed bed or sixty individual doses. Controlled dangerous substances stored in emergency medication kits must be dispensed pursuant to a valid prescription and shall be reported to the registered pharmacy;
2. Procedures regarding the use of drugs from an emergency medication kit;
3. Recordkeeping requirements; and
4. Security requirements.
E. As used in this section, "facility" means a facility as defined by the Nursing Home Care Act or an assisted living center as defined by the Continuum of Care and Assisted Living Act.
Added by Laws 2009, c. 74, § 1, eff. Nov. 1, 2009. Amended by Laws 2010, c. 247, § 1, emerg. eff. May 10, 2010; Laws 2011, c. 7, § 1, eff. Nov. 1, 2011; Laws 2018, c. 106, § 11, eff. Nov. 1, 2018; Laws 2021, c. 300, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-369. Emergency contraceptive prescription.

Plan B One-Step, or its generic equivalent, also known as the "morning-after" emergency contraceptive, shall not be available to women under the age of seventeen (17) without a prescription. Such emergency contraceptive shall be dispensed by pharmacists to women seventeen (17) years of age and older without a prescription.
Added by Laws 2013, c. 362, § 2.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-374. Medication services procedures.

In facilities operated by the Oklahoma Department of Veterans Affairs, the following medication services procedures shall be utilized:
1. An inventory record shall be maintained for each Schedule II-V medication distributed to a nursing station such that each dose (unit) is documented;
2. For medications which require a prescription, the resident's full name will be affixed to the resident's individual drawer located on the medication cart; and the medication strength, dosage, and directions for use will be located on the medical administration record (MAR);
3. For over-the-counter medications that are prescribed, the resident's full name will be affixed to the resident's individual drawer located on the medication cart; and the medication strength, dosage, and directions for use will be located on the medical administration record (MAR);
4. When a resident is permanently discharged, the unused medication shall be returned to the facility pharmacy as required by United States Department of Veterans Affairs guidelines;
5. Noncontrolled medications prescribed for residents who have died and noncontrolled medications which have been discontinued shall be returned to the facility pharmacy; and
6. Facilities may maintain nonprescription drugs as bulk medications. Bulk medications may include drugs listed in a formulary developed by the facility pharmacist, medical director, and director of nursing. Nonformulary over-the-counter medications may be prescribed if the resident has therapeutic failure, drug allergy, drug interaction or contraindication to the over-the-counter formulary. In addition, bulk dispensing of prescription medications may include controlled and noncontrolled medications. Facilities shall establish policies and procedures to assure the safe administration of all medications and full accountability of controlled medications.
Added by Laws 2014, c. 340, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-375.1. Short title - Oklahoma Durable Medical Equipment Licensing Act.

Sections 2 through 5 of this act shall be known and may be cited as the "Oklahoma Durable Medical Equipment Licensing Act".
Added by Laws 2022, c. 288, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-375.2. Definitions.

As used in the Oklahoma Durable Medical Equipment Licensing Act:
1. "Board" means the State Board of Pharmacy;
2.
a.
"Durable medical equipment" means equipment for which a prescription is required, including for repair and replacement parts, and that:
(1)
can stand repeated use,
(2)
has an expected useful life of at least three (3) years,
(3)
is primarily and customarily used to serve a medical purpose,
(4)
is not generally useful to a person in the absence of illness or injury,
(5)
is appropriate for use in the home, and
(6)
is intended for use by the consumer.
b.
Durable medical equipment includes, but is not limited to:
(1)
ambulating assistance equipment,
(2)
mobility equipment,
(3)
rehabilitation seating,
(4)
oxygen care and oxygen delivery systems,
(5)
respiratory equipment and respiratory disease management devices,
(6)
rehabilitation environmental control equipment,
(7)
ventilators,
(8)
apnea monitors,
(9)
diagnostic equipment,
(10)
feeding pumps,
(11)
beds prescribed by physicians to alleviate medical conditions,
(12)
transcutaneous electrical nerve stimulators, and
(13)
sequential compression devices; and
3. "Supplier" means any person or entity that provides durable medical equipment services or products and that currently bills or plans to bill a claim for reimbursement of services or products to a third party.
Added by Laws 2022, c. 288, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-375.3. Supplier license – Inspections – Promulgation of rules.

A. Any supplier of durable medical equipment to a consumer in this state shall possess a durable medical equipment supplier license issued by the State Board of Pharmacy pursuant to the Oklahoma Durable Medical Equipment Licensing Act.
B. Licenses issued by the Board pursuant to the Oklahoma Durable Medical Equipment Licensing Act shall be effective for twelve (12) months from the date of issuance and shall not be transferable or assignable.
C. The Board may initially and periodically inspect the applicant's office or place of business.
D. The Board shall promulgate rules necessary to implement the provisions of the Oklahoma Durable Medical Equipment Licensing Act. Such rules shall prioritize patient safety and quality of durable medical equipment. The Board may provide by rule that any person or entity accredited by organizations recognized by the Centers for Medicare and Medicaid Services is deemed to meet all or some of the requirements of the Oklahoma Durable Medical Equipment Licensing Act.
E. Nothing in this section shall be construed to restrict or prohibit private transactions between two parties.
Added by Laws 2022, c. 288, § 3, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-375.4. Application for license – Fee – Out-of-state supplier – Safety standards – Revocation or suspension.

A. The State Board of Pharmacy may issue a license to an applicant for licensure as a supplier of durable medical equipment if the applicant pays the appropriate license fee established under Section 8 of this act and submits, in a form prescribed by the Board, an application and proof that the applicant:
1.
a.
Maintains a physical office or place of business within this state, or
b.
For a Medicare or Medicaid enrolled out-of-state supplier, maintains a physical office or place of business within one hundred (100) miles of a resident of this state being served by the supplier;
2. Has obtained a state sales tax permit and any other necessary license or permit as determined by the Board including but not limited to any permit from the State Department of Health; and
3. Meets all state and federal accreditation requirements.
Each individual physical office or place of business owned or operated by the supplier must be licensed separately.
B. 1. The Board may issue a license to a Medicare or Medicaid enrolled out-of-state supplier who has at least one accredited facility within one hundred (100) miles of any resident of this state being served by the supplier.
2. The Board may assess a fee on out-of-state suppliers necessary to cover the cost of inspection of those suppliers. The inspection fee shall be in addition to the licensure fee.
C. A supplier licensed by the Board shall meet all safety standards established by the Board, which shall include, but not be limited to:
1. Ensuring that all personnel engaged in delivery, maintenance, and repair of durable medical equipment receive annual continuing education;
2. Instructing the patient or patient's caregiver about how to use the durable medical equipment provided;
3. Receiving and responding to complaints from patients;
4. Maintaining records of all patients receiving durable medical equipment; and
5. Managing, maintaining, and servicing durable medical equipment.
D. The Board may revoke or suspend a license for:
1. Violation of state or federal law;
2. Violation of rules promulgated pursuant to the Oklahoma Durable Medical Equipment Licensing Act;
3. Permitting, aiding, or abetting any illegal act;
4. Failing to meet the safety standards established by the Board pursuant to the Oklahoma Durable Medical Equipment Licensing Act;
5. Engaging in conduct or practices found by the Board to be detrimental to the health, safety, or welfare of patients; or
6. Failing to renew a license.
Added by Laws 2022, c. 288, § 4, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-375.5. Application of act.

The Oklahoma Durable Medical Equipment Licensing Act shall not apply to:
1. Pharmacies and pharmacists;
2. Hospitals;
3. Ambulatory surgical centers;
4. Health care facilities owned or operated by the state or federal government;
5. Skilled nursing facilities;
6. Assisted living facilities;
7. Prosthetic or orthotic practitioners;
8. Health care practitioners who are licensed to practice health care in this state and who provide durable medical equipment within the scope of their health care practice;
9. Manufacturers or wholesale distributors that do not sell or rent durable medical equipment directly to consumers;
10. Suppliers of insulin infusion pumps and related supplies or services; or
11. Suppliers of medical devices approved by the U.S. Food and Drug Administration that are used in the treatment of cancerous tumors.
Added by Laws 2022, c. 288, § 5, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-395.1. Short title.

Sections 395.1 through 396.28 of this title, and Sections 24 through 26 of this act shall be known and may be cited as the "Funeral Services Licensing Act".
Added by Laws 1989, c. 297, § 1, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 1, eff. July 1, 1999; Laws 2003, c. 57, § 1, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396. Oklahoma Funeral Board - Appointment - Term - Qualifications.

There is hereby re-created, to continue until July 1, 2024, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Funeral Board. Any reference in the statutes to the Oklahoma State Board of Embalmers and Funeral Directors shall be a reference to the Oklahoma Funeral Board. The Board shall consist of seven (7) persons, who shall be appointed by the Governor. The term of membership of each member of the Board shall be five (5) years from the expiration of the term of the member succeeded. Any member having served as a member of the Board shall be eligible for reappointment. Provided that, a member of the Board shall serve no more than two consecutive terms and any unexpired term that a member is appointed to shall not apply to this limit. The Governor shall appoint the necessary members to the Board upon vacancies and immediately prior to the expiration of the various terms. Upon request of the Governor, appointments of a licensed embalmer and funeral director member of the Board shall be made from a list of five qualified persons submitted by the Oklahoma Funeral Directors Association. An appointment to fill a vacancy shall be for the unexpired term. A member of the Board shall serve until a successor is appointed and qualified. No person shall be a member of the Board, unless, at the time of appointment, the person is of good moral character and a resident of this state. Five of the members shall have been actively engaged in the practice of embalming and funeral directing in this state for not less than seven (7) consecutive years immediately prior to the appointment of the person, shall have an active license as provided by the Funeral Services Licensing Act, shall keep the license effective, and remain a resident of this state during the entire time the person serves on the Board. Two of the members of the Board shall be chosen from the general public, one of whom shall, if possible, be a person licensed and actively engaged in the health care field, and shall not be licensed funeral directors or embalmers or have any interest, directly or indirectly, in any funeral establishment or any business dealing in funeral services, supplies or equipment. These two members shall be appointed to serve for five-year terms.
Added by Laws 1941, p. 235, § 1, emerg. eff. May 20, 1941. Amended by Laws 1963, c. 117, § 1, emerg. eff. May 31, 1963; Laws 1978, c. 96, § 1, emerg. eff. March 29, 1978; Laws 1980, c. 312, § 1, emerg. eff. June 17, 1980; Laws 1986, c. 30, § 1, eff. July 1, 1986; Laws 1992, c. 3, § 1; Laws 1998, c. 40, § 1; Laws 2003, c. 57, § 2, emerg. eff. April 10, 2003; Laws 2004, c. 28, § 1; Laws 2010, c. 32, § 1; Laws 2014, c. 61, § 1; Laws 2020, c. 116, § 7, eff. July 1, 2020; Laws 2023, c. 32, § 1, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.1. Oath of office.

Members of said Board, before entering upon their duties, shall take and subscribe to the oath of office provided for state officers, and the same shall be filed in the office of the Secretary of State.
Added by Laws 1941, p. 235, § 2, emerg. eff. May 20, 1941.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.1A. Removal of Board members.

The Governor shall remove from membership of the Oklahoma Funeral Board, at any time, any member of the Board for continued neglect of duty required by the Funeral Services Licensing Act, conduct involving moral turpitude or any violation of the provisions of Section 396.12c of this title.
Added by Laws 1941, p. 242, § 22, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, § 21, emerg. eff. April 10, 2003. Renumbered from § 396.21 of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.1B. Expenses of Board members - Executive director - Other personnel.

All of the members of the Oklahoma Funeral Board shall be reimbursed for travel expenses incident to attendance upon the business of the Board as provided in the State Travel Reimbursement Act. The Board is hereby authorized to employ an executive director at an annual salary to be set by the Board, payable monthly, and to rent and equip an office therefor in some city in the state to be selected by the Board. The Board shall not employ any of its members for a period of three (3) years following their expiration of term of office. The executive director shall keep such books, records, and perform such other lawful duties as are required by or placed upon the executive director by the Board, and shall be entitled to receive traveling expenses while in the performance of the duties as directed and prescribed by the Board. The executive director shall not accept any employment from any funeral home or wholesale house dealing in funeral supplies or equipment while acting as the executive director. The Board shall have the right and authority to employ necessary personnel to carry out the provisions of the Funeral Services Licensing Act. The expenses of the Board shall at no time exceed the monies available to the Fund of the Oklahoma Funeral Board.
Added by Laws, 1941, p. 241, § 19, emerg. eff. May 20, 1941. Amended by Laws 1945, p.195, § 8, emerg. eff. April 28, 1945; Laws 1961, p. 456, § 6, emerg. eff. July 11, 1961; Laws 1970, c. 311, § 5, emerg. eff. April 27, 1970; Laws 1978, c. 96, § 3, emerg. eff. March 29, 1978; Laws 1985, c. 178, § 32, operative July 1, 1985; Laws 1999, c. 64, § 15, eff. July 1, 1999; Laws 2003, c. 57, § 19, emerg. eff. April 10, 2003. Renumbered from § 396.18 of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.1C. Executive director of Board - Powers and duties – Collection and disposition of funds.

The executive director of the Board shall keep and preserve all records of the Board, issue all necessary notices to the embalmers, funeral directors and apprentices of the state, and perform such other duties as may be imposed upon the executive director by the Board. The executive director is hereby authorized and empowered to collect, in the name and on behalf of the Board, the fees prescribed in the Funeral Services Licensing Act, and all fees so collected shall at the end of each month be deposited by the executive director with the State Treasurer. The State Treasurer shall place ten percent (10%) of the money so received in the general fund of the state, and the balance in a special fund to be known as the "Fund of the Oklahoma Funeral Board". Payment from the fund shall be upon warrants drawn by the State Treasurer against claims submitted by the Board to the Director of the Office of Management and Enterprise Services for approval and payment. All monies so received by the fund may be used by the Board in carrying out the provisions of the Funeral Services Licensing Act.
Added by Laws 1941, p. 240, § 15, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 194, § 6, emerg. eff. April 28, 1945; Laws 1970, c. 311, § 4, emerg. eff. April 27, 1970; Laws 1979, c. 47, § 37, emerg. eff. April 9, 1979; Laws 1999, c. 64, § 14, eff. July 1, 1999; Laws 2003, c. 57, § 17, emerg. eff. April 10, 2003. Renumbered from § 396.14 of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003. Amended by Laws 2012, c. 304, § 264.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.3a. Persons and businesses required to be licensed.

The following persons, professions and businesses shall be required to be licensed pursuant to the Funeral Services Licensing Act:
1. Any person engaged or who may engage in:
a.
the practice or profession of funeral directing or embalming,
b.
maintaining the business of a funeral establishment or commercial embalming establishment,
c.
the sale of any funeral service merchandise, or
d.
providing funeral services; and
2. Any funeral establishment or commercial embalming establishment.
Added by Laws 1989, c. 297, § 5, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 5, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.4. Fees.

A. 1. The Oklahoma Funeral Board shall set fees pursuant to rule for all licenses, registrations, examinations and renewals required by the Funeral Services Licensing Act.
2. Until the Oklahoma Funeral Board sets fees pursuant to rule, the following shall be the fees charged for the licenses, registrations, and examinations required by the Funeral Services Licensing Act:
Funeral Director License or Renewal
$75.00
Embalmer License or Renewal
$75.00
Registration for Funeral Director/Embalmer Apprentice
$150.00
Extension of Funeral Director/Embalmer Apprentice
$150.00
Embalmer Examination
$100.00
Funeral Director Examination
$100.00
State Law Examination
$100.00
Funeral Establishment License or Renewal
$250.00
Commercial Embalming Establishment License or Renewal
$250.00
Reciprocal License for Funeral Director or Embalmer
$150.00
Change of Funeral Director in Charge
$150.00
Crematory License or Renewal
$250.00
B. The Oklahoma Funeral Board shall assess Three Dollars ($3.00) for each disposition performed by the licensed funeral establishment or commercial embalming establishment. The disposition fee shall be payable upon renewal of the license as provided in subsection E of this section and shall be calculated from November 1 of the preceding calendar year to October 31 of the current calendar year for each licensee. For purposes of this subsection, "disposition" means each time the licensed establishment files an original death certificate pursuant to Section 1-317 of Title 63 of the Oklahoma Statutes.
C. Fees for funeral director, embalmer, and state law examinations shall be paid prior to the scheduled examination. An examination fee shall not be refundable.
D. The Oklahoma Funeral Board is authorized to determine and fix special administrative service fees. Each such fee shall not be in excess of Two Hundred Dollars ($200.00).
E. If any renewal fee required by this section is not paid on or before December 31 of each year, the amount of the fee shall be doubled and if the fee is not paid on or before April 30 of the subsequent year, the licensee shall be in default and the license shall terminate automatically.
F. All examinations of the Oklahoma Funeral Board shall be exempt from the Oklahoma Open Records Act in order to maintain the integrity of the examination process. Copies of completed examinations shall only be released upon receipt of a court order from a court of competent jurisdiction.
Added by Laws 1941, p. 236, § 5, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 193, § 2, emerg. eff. April 28, 1945; Laws 1961, p. 455, § 2, emerg. eff. July 11, 1961; Laws 1970, c. 311, § 2, emerg. eff. April 27, 1970; Laws 1978, c. 96, § 2, emerg. eff. March 29, 1978; Laws 1983, c. 163, § 2; Laws 1989, c. 297, § 6, eff. Nov. 1, 1989; Laws 1990, c. 195, § 2, emerg. eff. May 10, 1990; Laws 1999, c. 64, § 6, eff. July 1, 1999; Laws 2003, c. 57, § 6, emerg. eff. April 10, 2003; Laws 2015, c. 375, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.5. Expiration of license - Renewal.

All licenses issued by the Board shall expire on the 31st day of December of each year. The Board shall issue a renewal for such license without further examination upon the payment of a renewal fee as required by Section 396.4 of this title. A funeral director or embalmer who fails to apply for a renewal license for a period of three (3) years or more shall be reinstated by taking a written and oral examination, as required by the Board, and by paying a fee and the current years' dues as required by Section 396.4 of this title.
Added by Laws 1941, p. 237, § 6, emerg. eff. May 20, 1941. Amended by Laws 1965, c. 374, § 1, emerg. eff. June 28, 1965; Laws 1983, c. 163, § 3; Laws 2021, c. 148, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.5a. Inactive military service list - Not subject to renewal fees - Reinstatement on discharge.

All funeral directors and/or embalmers regularly licensed in this state, who are or become members of the armed forces of the United States, shall upon proper notification to the executive director of the Oklahoma Funeral Board be placed upon the inactive military service list to be kept by the executive director and shall not be subject to the payment of renewal fees upon their licenses as funeral directors and/or embalmers until they have been discharged from the military service of the United States and desire to practice their profession in this state. Upon the discharge of licensees from military service, they shall be reinstated as active funeral directors and/or embalmers upon the payment of the then current year's license fee.
Added by Laws 1943, p. 134, § 1, emerg. eff. April 12, 1943. Amended by Laws 2003, c. 57, § 7, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.5b. Continuing education courses.

A. Beginning July 1, 2006, as a condition of renewal or reactivation of a license, each licensee shall submit to the Oklahoma Funeral Board evidence of the completion of clock hours of continuing education courses approved by the Board within the twelve (12) months immediately preceding the term for which the license is issued. The number of hours, or its equivalent, required for each licensed term shall be determined by the Board and promulgated by rule. Each licensee shall be required to complete and include as part of the continuing education provision a certain number of required subjects as provided by rule.
B. The continuing education courses required by this section shall be satisfied by courses approved by the Board or the Academy of Professional Funeral Service Practice.
C. The Board shall maintain a listing of courses approved by the Board.
D. The Board shall not issue an active renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.
E. The provisions of this section shall not apply:
1. During the period a licensee is on inactive status;
2. To a nonresident licensee licensed in this state if the licensee is not engaged in funeral service or embalming practice in Oklahoma; and
3. To classes of licensees exempted by rules of the Board.
Added by Laws 2003, c. 57, § 8, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.6. License required - Employment of licensed embalmer – Display of license or certificate.

A. No person shall operate a funeral establishment, commercial embalming establishment, or crematory, engage in the sale of any funeral service merchandise to the public, provide funeral services, carry on the business or profession of embalming or funeral directing or perform any of the functions, duties, or powers prescribed for funeral directors or embalmers pursuant to the provisions of the Funeral Services Licensing Act unless the person has obtained the license specified by rules promulgated pursuant to the Funeral Services Licensing Act and has otherwise complied with the provisions of the Funeral Services Licensing Act. The license shall be nontransferable and nonnegotiable.
B. A license shall not be issued to any person for the operation of a funeral or embalming establishment which does not employ an embalmer licensed pursuant to the provisions of Section 396.3 of this title. An individual who supervises a funeral or embalming establishment shall be licensed pursuant to the provisions of Section 396.3 of this title.
C. The holder of any license or certificate issued pursuant to the Funeral Services Licensing Act, or any rules promulgated pursuant thereto, shall have the license or certificate displayed conspicuously in the place of business of the holder.
Added by Laws 1941, p. 237, § 7, emerg. eff. May 20, 1941. Amended by Laws 1983, c. 163, § 4; Laws 1989, c. 297, § 7, eff. Nov. 1, 1989; Laws 1999, c. 64, § 7, eff. July 1, 1999; Laws 2003, c. 57, § 9, emerg. eff. April 10, 2003.