reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 20 - Manufacturers, Repackagers, Outsourcing Facilities, Wholesalers, Third-Party Logistics Providers, Medical Gas Suppliers and Distributors, Durable Medical Equipment Suppliers (DME), and Combined DME and Medical Gas Distributors (MGD) › Subchapter 10 - Durable Medical Equipment (DME) Suppliers and Combined DME and Medical Gas Distributors (MGD) › Section 535:20-10-4 - Violations and penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Penalties for
				violations of this Subchapter and of federal, state, and local laws and
				regulations are listed in 59 O.S. Section 353, et seq.
(b) Rules of conduct, violations of the rules
				of conduct and other requirements of applicants can be found in
				535:25.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 20 - Manufacturers, Repackagers, Outsourcing Facilities, Wholesalers, Third-Party Logistics Providers, Medical Gas Suppliers and Distributors, Durable Medical Equipment Suppliers (DME), and Combined DME and Medical Gas Distributors (MGD) › Subchapter 10 - Durable Medical Equipment (DME) Suppliers and Combined DME and Medical Gas Distributors (MGD) › Section 535:20-10-5 - Prohibited conduct

Current through Vol. 41, No. 20, July 1, 2024
(a) The following
				shall be considered prohibited conduct and be a violation of these rules:
				Failure to follow all applicable requirements of state and federal statutes and
				regulations, including, but not limited to, the Act, 59 O.S. Section 353, et
				seq. and the Board's rules, OAC 535.
(1)
				Engaging in distribution of DME
(A) with
				intent to defraud or deceive, failing to maintain or provide a complete and
				accurate record, when required,
(B) destroying, altering, concealing, or
				failing to maintain complete and accurate records for any DME packaging, when
				required,
(C) knowingly purchasing
				or receiving DME from a person, not authorized to distribute DME, or,
(D) selling, bartering, brokering, or
				transferring DME to a person not authorized to purchase DME, under the
				jurisdiction in which the person receives the DME.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 20 - Manufacturers, Repackagers, Outsourcing Facilities, Wholesalers, Third-Party Logistics Providers, Medical Gas Suppliers and Distributors, Durable Medical Equipment Suppliers (DME), and Combined DME and Medical Gas Distributors (MGD) › Subchapter 10 - Durable Medical Equipment (DME) Suppliers and Combined DME and Medical Gas Distributors (MGD) › Section 535:20-10-5 - Prohibited conduct

Current through Vol. 41, No. 20, July 1, 2024
(a) The following
				shall be considered prohibited conduct and be a violation of these rules:
				Failure to follow all applicable requirements of state and federal statutes and
				regulations, including, but not limited to, the Act, 59 O.S. Section 353, et
				seq. and the Board's rules, OAC 535.
(1)
				Engaging in distribution of DME
(A) with
				intent to defraud or deceive, failing to maintain or provide a complete and
				accurate record, when required,
(B)
				destroying, altering, concealing, or failing to maintain complete and accurate
				records for any DME packaging, when required,
(C) knowingly purchasing or receiving DME
				from a person, not authorized to distribute DME, or,
(D) selling, bartering, brokering, or
				transferring DME to a person not authorized to purchase DME, under the
				jurisdiction in which the person receives the DME.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 1 - General Requirements › Section 535:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of this Chapter regulate the
				sale of drugs, medicines, chemicals and poisons in order to prevent illegal
				diversion of dangerous drugs.
(b)
				The rules of this Chapter describe requirements applicable to various
				registrants.
(c) The rules of this
				Chapter describe an inspector's notice to registrants to correct deficiencies
				and give notice of compliance.
(d)
				The rules of this Chapter describe minimum qualifications and requirements for
				all applicants and registrants.
(e)
				The rules of this Chapter describe registrant conduct and violations of
				registrant conduct.
Amended at 9 Ok Reg
				  2147, eff 6-11-92; Amended at 17 Ok Reg 2636, eff
				  7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 1 - General Requirements › Section 535:25-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"
Applicant
" means a "person" as defined in
				  Title 59, O.S., Section 353.1 who is making application for any registration,
				  certificate, license or permit or renewal of the same.
"
License
" means any license, permit,
				  registration or certificate.
"
Registrant
" means any holder of registration,
				  certificate, license or permit that is regulated by the
				  Board.
Amended at 17 Ok Reg
				  2636, eff 7-1-00; Amended at 18 Ok Reg 2757, eff
				  7-1-01
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 1 - General Requirements › Section 535:25-1-2 - Multiple licenses/permits [AMENDED AND RENUMBERED TO 535:25-3-5]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  2147, eff 6-11-92; Amended at 10 Ok Reg 3177, eff 6-25-93; Amended at 12 Ok Reg
				  2601, eff 6-26-95; Amended and renumbered to 535:25-3-5 at 17 Ok Reg 2636, eff
				  7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 1 - General Requirements › Section 535:25-1-3 - Inspector's warning notice [AMENDED AND RENUMBERED TO 535:25-5-1]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  2147, eff 6-11-92; Amended at 11 Ok Reg 3441, eff 6-27-94; Amended and
				  renumbered to 535:25-5-1 at 17 Ok Reg 2636, eff
				  7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 1 - General Requirements › Section 535:25-1-4 - Procedure to return a restricted license to good standing [RENUMBERED TO 535:25-5-2]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2147,
				  eff 6-11-92; Renumbered to 535:25-5-2 at 17 Ok Reg 2636, eff
				  7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-1 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 17 Ok Reg
				  2636, eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-2 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 17 Ok Reg
				  2636, eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-3 - Qualifications and requirements for registrant applicants

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall consider at least the
				following factors in reviewing the qualifications of registrants or applicants
				for licensure e.g.:
(1) Any charges,
				convictions, receipt of deferred sentence or deferred prosecution, or pleading
				of no contest of the applicant or registrant under any federal, state, or local
				laws relating to drug samples, drug distribution, or distribution of controlled
				substances;
(2) Any felony charges,
				convictions, receipt of deferred sentence or deferred prosecution, or pleading
				of no contest of the applicant or registrant under federal, state, or local
				laws;
(3) The applicant's or
				registrant's past experience with prescription drugs, including controlled
				substances;
(4) The furnishing by
				the applicant or registrant of fictitious, false, misleading, or fraudulent
				material in any application (original, new or renewal) or failing to provide
				information relevant to this application;
(5) The suspension or revocation by federal,
				state, or local government of any license currently or previously held by the
				applicant or registrant;
(6)
				Compliance with licensing requirements under previously granted licenses, if
				any;
(7) Compliance with
				requirements to maintain and/or make available to the Board or to federal,
				state, or local law enforcement officials those records required by rule and
				law ;
(8) Abuse of alcohol or
				habit-forming drugs, or use of illegal CDS drugs or positive drug screen for
				such illegal substance or its metabolite;
(9) Practicing as a registrant without
				reasonable skill and safety by reason of use and/or abuse of drugs, narcotics,
				chemicals or any other type of material, or as a result of any mental or
				physical condition; and,
(10) Any
				other factors or qualifications the Board considers relevant to and consistent
				with the public health and safety.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-4 - Requirements for applicants or registrants who have had Board action taken against any license, permit or certificate

Current through Vol. 41, No. 20, July 1, 2024
(a) If the Board approves an application of
				an applicant or registrant who has had a previous registration, license,
				permit, or certificate which was revoked or subject to Board action, the
				applicant shall be subject to the following terms: any specific requirements
				placed on the applicant by the Board based on the previous action, or pending
				action, and applicant's or registrant's current status.
(b) Any subsequent violations by the
				applicant or registrant shall subject the applicant or registrant to cumulative
				action based on previous violation on the previous license and the current
				violation.
(c) Failure of the
				applicant or registrant to meet any terms or requirements of the Board shall
				subject the applicant or registrant to Board action.
(d) The Board shall have the right to order
				any additional terms or conditions that it determines are required to protect
				the public health and safety.
Added at 17 Ok Reg 2636,
				  eff 7-1-00; Amended at 26 Ok Reg 2310, eff
				  7-1-09
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-5 - Multiple licenses/permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Pharmacy, Manufacturer, Repackager, Wholesaler, Distributor or
				Third-party logistics provider.
A pharmacy located in Oklahoma shall not
				be licensed in the same location as a manufacturer, repackager, wholesale
				distributor or third party logistics provider.
(b)
Pharmacy/Pharmacy.
No more
				than one pharmacy license will be allowed in one location.
(c)
Wholesaler/Wholesaler.
No
				more than one wholesale distributor license will be allowed in one
				location.
(d)
Wholesaler/Repackager.
The licensing of a wholesaler distributor
				and a repackager in the same location will be allowed.
(e)
Pharmacy/Drug Supplier.
The
				licensing of a pharmacy license and pharmacy drug supplier permit in the same
				location will be allowed.
(f)
Pharmacy/Outsourcing Facility.
The licensing of a pharmacy and an
				outsourcing facility will be allowed when state and federal requirements are
				met.
(g)
Pharmacy/Sterile
				compounding.
The licensing of a pharmacy and a sterile compounding
				pharmacy in the same location will be allowed.
(h)
Intern/Technician.
Applicants may not hold an intern license and a technician permit at the same
				time.
(i)
Pharmacist/Technician.
Applicants may not hold a pharmacist
				license and a technician permit at the same time. A pharmacist who has had
				Board action taken against his pharmacist license for whatever reason and no
				longer holds a current pharmacist license is not eligible for a technician
				permit.
(j)
Medical Gas
				Supplier.
No more than one medical gas supplier license will be allowed
				in one location.
(k)
Medical
				Gas Distributor.
No more than one medical gas distributor license will
				be allowed in one location.
(l)
Medical Gas Distributor/Medical Gas Supplier.
A medical gas
				supplier located in Oklahoma shall not be allowed in the same location as a
				medical gas distributor.
Amended and renumbered
				  from 535:25-1-2 at 17 Ok Reg 2636, eff 7-1-00; Amended at 19 Ok Reg 1798, eff
				  7-1-02
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-6 - Individual address change

Current through Vol. 41, No. 20, July 1, 2024
Every individual applicant and/or registrant (e.g.:
				  pharmacist, intern, technician, etc.) shall notify the Board in writing within
				  10 days of an address change.
Added at 18 Ok Reg 2757,
				  eff 7-1-01
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-7 - Change requirements and notification

Current through Vol. 41, No. 20, July 1, 2024
(a) Change of name, ownership, and/or
				location shall require a new license for all business permits, certificates or
				licenses (e.g. pharmacy, wholesale distributor, repackager, manufacturer,
				outsourcing facility, third-party logistics provider, medical gas supplier and
				distributor, training areas, sterile compounding, drug supplier, etc.)
(1) A change of ownership occurs when:
(A) A change of 20% or more of the ownership
				of the entity owning the license, permit or certificate occurs (for example,
				when the corporation owning the license, permit or certificate sells 20% or
				more of the stock); or
(B) A
				change of ownership form occurs (for example, from a sole proprietor ownership
				to a partnership, limited liability company or corporation).
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 3 - Applicants, Registrants, and Applications › Section 535:25-3-8 - Requirements for Licensees

Current through Vol. 41, No. 20, July 1, 2024
(a) Licensees
				shall sell, ship, deliver, etc. only to the address listed on the receiving
				licensee's license.
(b) Licensees
				that store, ship, sell, deliver, or handle drugs shall not operate from a place
				of residence.
(c) Licensees shall
				not receive drugs at other than the address listed on their license.
(d) A licensee representative shall sign the
				Pharmacy Board inspection report upon completion. The licensee representative
				shall be responsible to assure that issues noted, if any, are
				resolved.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 5 - General Requirements or Procedures › Section 535:25-5-1 - Inspector's warning notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
An inspector's warning notice protects public health by
				allowing registrants to expeditiously correct violations of laws and rules, and
				report these corrections to the Board in writing.
(b)
Recipient.
A warning notice
				may be issued to any registrant found to be violating the rules of this Title
				(OAC 535), 59 O.S. Section 353 et seq., and /or any federal, state or local
				laws and rules.
(c)
Issuance.
An inspector may issue a warning notice at the time a
				violation is found.
(d)
Failure to respond.
A recipient's failure to satisfactorily
				respond within ten days to a warning notice may be referred by the Director to
				the Board for review or complaint and hearing.
(e)
Board review of warning
				notices.
Any registrant receiving a warning notice may be referred by
				the Director to the Board for review or complaint and hearing.
Amended and renumbered
				  from 535:25-1-3 at 17 Ok Reg 2636, eff 7-1-00; Amended at 19 Ok Reg 1798, eff
				  7-1-02
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 5 - General Requirements or Procedures › Section 535:25-5-2 - Procedure to return a restricted license to good standing

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon the expiration date of a
				restriction, the registrant must request in writing that the Board return the
				license to good standing.
(b) The
				registrant may be requested to appear before the Board prior to any action
				being taken on the request.
Renumbered from
				  535:25-1-4 at 17 Ok Reg 2636, eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 5 - General Requirements or Procedures › Section 535:25-5-3 - Drug Screening

Current through Vol. 41, No. 20, July 1, 2024
(a) Any individual
				registrant who is suspended and/or placed on probation may be required to
				submit to random drug screening.
(b) Random drug screening required by the
				Board shall be done at the registrant's expense.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 5 - General Requirements or Procedures › Section 535:25-5-4 - Board order(s) due date

Current through Vol. 41, No. 20, July 1, 2024
Any fine(s) ordered or agreed to in a Final Order, Agreed
				  Order, or any other Order of the Board is due and payable upon receipt of such
				  Order by the registrant; unless otherwise stated in the
				  Order.
Added at 18 Ok Reg 2757,
				  eff 7-1-01
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 5 - General Requirements or Procedures › Section 535:25-5-5 - Prescription drug (Rx only) purchases and record requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) All registrants shall keep adequate
				records to assure that prescription drugs are legally received and/or
				distributed or dispensed, as appropriate. Such records shall include, but not
				be limited to, all prescription drug purchase (e.g. invoices, etc.) and
				inventory records and shall be maintained and be readily retrievable for a
				period of at least 2 years.
(b)
				Prescription drug purchases may only be made from entities licensed to sell
				prescription drugs. A registrant shall exercise professional judgment regarding
				the purchase of prescription drugs in order to assure a safe, sanitary and
				legal prescription drug supply is maintained.
Added at 24 Ok Reg 2265,
				  eff 7-1-07
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 6 - Post and Active Duty Military Service and Their Spouse Applicants › Section 535:25-6-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to implement 59 O.S.
				  Section 4100.5 -4100.8 regarding active duty military personnel who receive
				  notice or orders for military transfer or honorable discharge to this state,
				  and their spouse.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 6 - Post and Active Duty Military Service and Their Spouse Applicants › Section 535:25-6-2 - Active duty military and their spouse requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Active duty military personnel and their
				spouse licensed as a pharmacist or permitted as a pharmacy technician in
				another state, upon receiving notice or orders for military transfer or
				honorable discharge to Oklahoma are eligible for expedited pharmacist
				reciprocity license or initial technician permit.
(b) Active duty military personnel and their
				spouse shall provide copies of military notice or orders as indicated in (a)
				and complete the required application. Such applicant shall present
				satisfactory evidence of education, training and experience of such valid
				license or certificate from another state.
(c) Not required for active duty military
				personnel who are performing their duties only on the premises of an assigned
				military base pursuant to federal or military law or rule.
(d) Upon receipt of the completed application
				and when the required documentation from the other state is found to be in good
				standing and reasonably equivalent to the requirements in this state, the Board
				shall issue such licenses or permits within 30 days.
(e) The Board shall waive the fee for active
				duty military and their spouse described in (a) above for the first period of
				issuance for such pharmacist reciprocity license or technician permit.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 6 - Post and Active Duty Military Service and Their Spouse Applicants › Section 535:25-6-3 - Post-Military service applicants

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Board shall consider the equivalent education, training and experience
				completed by an applicant for licensure while the applicant was a member of the
				United States Armed Forces or Reserves, National Guard of any state, the
				Military Reserves of any state, or the Naval militias of any state, and apply
				it in the manner most favorable toward satisfying the qualifications for
				issuance of a license or approval for license examination.
(b) The Board shall expedite the process of
				licensure by reciprocity for applicants whose spouse is an active duty member
				of the Armed Forces of the United States if:
(1) the military service member is on active
				duty within Oklahoma or claims permanent residency within Oklahoma for the six
				(6) months prior to assignment to active duty or during the period of active
				duty; and,
(2) the applicant left
				employment in another state to accompany the military service member spouse to
				Oklahoma.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 7 - Rules of Registrant Conduct › Section 535:25-7-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter provide standards of registrant
				  conduct.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 7 - Rules of Registrant Conduct › Section 535:25-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The definitions of this subchapter shall be the same as those
				  set out in
				  535:25-1-1.1.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 7 - Rules of Registrant Conduct › Section 535:25-7-3 - Registrant conduct

Current through Vol. 41, No. 20, July 1, 2024
(a) Registrants
				shall conduct business in conformity with all federal, state and municipal laws
				at all times.
(b) Registrants
				shall conduct themselves at all times in a manner that will entitle them to the
				respect and confidence of the community in which they practice.
(c) Abuse of alcohol or drugs, use of an
				illegal controlled dangerous substance (CDS), or testing positive for such
				substance or its metabolite is a violation of registrant conduct.
Added at 17 Ok Reg 2636,
				  eff 7-1-00; Amended at 21 Ok Reg 2460, eff
				  7-1-04
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 7 - Rules of Registrant Conduct › Section 535:25-7-4 - Confidentiality

Current through Vol. 41, No. 20, July 1, 2024
A registrant shall hold the health and safety of his patrons
				  as his first consideration and will not divulge the nature of the patrons'
				  problems or ailments or any confidence entrusted to him in his licensed
				  capacity except in response to legal requirements or in the best interest of
				  the patron.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 7 - Rules of Registrant Conduct › Section 535:25-7-5 - Practice of medicine

Current through Vol. 41, No. 20, July 1, 2024
Registrants will refrain from any attempt at diagnosis or
				  treatment that is the legally constituted right or obligation of any licensed
				  practitioner or mid-level practitioner .
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 7 - Rules of Registrant Conduct › Section 535:25-7-6 - Governing body

Current through Vol. 41, No. 20, July 1, 2024
(a) A registrant
				will recognize the Board as the governing body in the State of Oklahoma and
				report to them any violation of pharmacy laws or regulations that may come to
				his attention.
(b) A registrant who
				fails to report such violations will be subject to Board action against his
				license, permit or certificate.
Added at 17 Ok Reg 2636,
				  eff 7-1-00; Amended at 20 Ok Reg 2488, eff
				  7-11-03
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter describe some violations of the
				  rules of registrant conduct. Violations of registrant l conduct include, but
				  are not limited to, those violations described in this
				  subchapter.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-2 - Violating confidentiality

Current through Vol. 41, No. 20, July 1, 2024
A registrant shall not violate patron confidentiality. This
				  does not prevent pharmacies from providing drug therapy information to
				  physicians for their patients, nor does it prevent the provision of information
				  as required by law.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-3 - Violating laws or rules

Current through Vol. 41, No. 20, July 1, 2024
A registrant shall not violate directly, (or indirectly,
				  through actions of another), assist or abet in the violation of, or conspire to
				  violate, any provision of the Oklahoma Pharmacy Act, 59, O.S. Section 353 et
				  seq., the Federal Food, Drug, and Cosmetic Act, as amended by the Drug Quality
				  and Security Act of 2013, the Prescription Drug Marketing Act ( 21 U.S.C., Sec.
				  331 et seq.), the Robinson-Patman Act ( 15 U.S.C., Sec. 13 et seq.), or
				  federal, state and local laws and rules.
Added at 17 Ok Reg 2636,
				  eff 7-1-00; Amended at 21 Ok Reg 2460, eff
				  7-1-04
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-4 - False report or record, billing incorrectly, fraudulent billing or reports

Current through Vol. 41, No. 20, July 1, 2024
The following are violations of registrant conduct:
(1) Making or filing a report or record which
				a registrant knows or should have known to be false, intentionally or
				negligently failing to file a report or record required by federal, state or
				local laws or rules, willfully impeding or obstructing such filing, or inducing
				another person to violate this rule . Such reports or records include only
				those which the registrant is required to make or file in his capacity as a
				registrant;
(2) Billing or charging
				for quantities greater than delivered, or for a brand when a generic is
				dispensed ;
(3) Fraudulent billing
				or submitting false reports to a third party payer of prescription
				drugs.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-5 - Conducting business without reasonable skill and safety

Current through Vol. 41, No. 20, July 1, 2024
Conducting business in a registrant's capacity without
				  reasonable skill and safety by reason of illness, use and/or abuse of drugs,
				  narcotics, chemicals, or any other type of material, or as a result of any
				  mental or physical condition is a violation of registrant
				  conduct.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-6 - Discrimination

Current through Vol. 41, No. 20, July 1, 2024
Discriminating in any manner between patients or groups of
				  patients for reasons of a particular disease, religion, race, creed, color,
				  sex, age or national origin is a violation of registrant
				  conduct.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-7 - Theft

Current through Vol. 41, No. 20, July 1, 2024
Theft while working as a registrant is a violation of
				  registrant conduct.
Added at 17 Ok Reg 2636,
				  eff 7-1-00; Amended at 25 Ok Reg 1984, eff
				  7-1-08
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-8 - Failure to establish and maintain effective controls

Current through Vol. 41, No. 20, July 1, 2024
The following are violations of registrant conduct:
(1) Failure to establish and maintain
				effective controls to prevent prescription errors;
(2) Failure to establish and maintain
				effective controls against the diversion of prescription drugs and/or
				controlled dangerous drugs into other than legitimate medical, scientific, or
				industrial channels as provided by federal, state or local laws or rules;
(3) The sale of dangerous drugs to
				a person or entity not eligible to receive such drugs;
(4) The purchase of dangerous drugs from a
				person or entity not eligible to possess such drugs;
(5) Failure to establish and maintain
				suspicious order monitoring records in a suspicious order monitoring program;
				and failure to notify the Board of confirmed suspicious orders;.
(6) Shipping orders that are confirmed as
				suspicious; and,
(7) Shipping to
				other than the licensees address on the license.
Added at 17 Ok Reg 2636,
				  eff 7-1-00; Amended at 26 Ok Reg 2310, eff 7-1-09; Amended at 27 Ok Reg 2269,
				  eff 7-11-10
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-9 - Prescription or drug order error

Current through Vol. 41, No. 20, July 1, 2024
A prescription or drug order error which departs from the
				  standards of care ordinarily exercised by a registrant with proof of actual
				  injury not having to be established is a violation of registrant conduct.
Added at 17 Ok Reg 2636,
				  eff 7-1-00
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-10 - Patient health and safety

Current through Vol. 41, No. 20, July 1, 2024
The health and safety of patients shall be a registrant's
				  first consideration
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-11 - Arrangements

Current through Vol. 41, No. 20, July 1, 2024
Registrants shall oppose any arrangements inimical to public
				  health. Such an arrangement could include, but is not limited to, an
				  arrangement between a registrant and a prescriber or any practitioner of the
				  healing arts whereby fees are divided or in which private formulas are
				  concerned.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-12 - Professional fee

Current through Vol. 41, No. 20, July 1, 2024
A registrant's fee for professional services shall be fair,
				  equitable, and commensurate with the knowledge and skill required to compound
				  and dispense prescriptions and/or to render other professional
				  services.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 25 - Rules Affecting Various Registrants › Subchapter 9 - Violations of the Rules of Registrant Conduct › Section 535:25-9-13 - Auto refills

Current through Vol. 41, No. 20, July 1, 2024
A registrant shall not do auto refills of a prescription
				  unless authorized to do so by the patient or the patient's agent. The
				  registrant shall document the authorization to do auto refills of a
				  prescription.
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 540:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter are adopted for the purpose of
				  simplifying procedure, avoiding unnecessary delays, saving expenses, and
				  facilitating the administration of the programs of the Health Care Workforce
				  Training Commission.
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 540:1-1-2 - Interpretation of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of
				this chapter shall be given a fair and impartial construction. The rules of
				this chapter shall be cumulative to the Oklahoma Administrative Procedures Act,
				75 O.S., §§250-323.
(b)
				The rules of this chapter shall govern all formal proceedings of the Oklahoma
				Health Care Workforce Training Commission. Informal proceedings may be held by
				agreement between the Commission or its agents and any party.
(c) Rules become effective ten (10) calendar
				days after publication in "The Oklahoma Register," unless the Commission
				designates a later date in the rule or the agency rule report, or a later date
				is required by statute. [75:304]
(d) The provisions of this chapter herein
				contained are severable and the repeal, amendment, or invalidity of any
				provision hereof shall not serve to repeal or invalidate the remaining
				provisions of this chapter.
Amended at 15 Ok Reg
				  1767, eff 5-11-98
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization › Section 540:1-3-1 - Membership

Current through Vol. 41, No. 20, July 1, 2024
(a)
Governing
				Commission.
(1) As stated in Section
				697.3 of Title 70 of the Oklahoma
				Statutes, the Commission
shall be composed of nine (9) members
				appointed by the Governor with the advice and consent of the Senate. Three
				members shall be practicing allopathic physicians, three shall be practicing
				osteopathic physicians, two shall be registered nurses, and one shall be a
				member of the general public. The membership shall be appointed from diverse
				geographic areas of the state.
[70:697.3] Quorum shall consist of a
				majority of the appointed voting members present.
(2)
Members of the Commission shall
				be appointed for five-year terms, and, succeeding terms of office shall be five
				(5) years in duration.
[70:697.3]
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization › Section 540:1-3-2 - Officers; Executive Director; legal counsel

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission shall elect annually from the membership a Chairman and a
				Vice-Chairman. The Vice-Chairman shall serve as Chairman Elect.
(b) Officers of the Commission shall be
				elected annually at the last regular meeting of each fiscal year. In the event
				an officer's position becomes vacant, a replacement shall be elected to
				complete the term at the following regular meeting of the Commission.
(c) The Chairman shall preside over all
				Commission meetings and rule on all questions of procedure and order. He shall
				have the power, in the exercise of his discretion, to call special meetings of
				the Commission, and shall call a special meeting when requested by four
				members, in writing, to do so. The Chairman, in counsel with the Executive
				Director, shall determine the agenda of each meeting.
(d) The Vice-Chairman shall assume the duties
				of the Chairman, during the chairman's absence or incapacity.
(e) The Executive Director shall be
				responsible for keeping the minutes of the Commission meetings.
(f) The Attorney General shall serve as the
				legal counsel for the Oklahoma Health Care Workforce Training
				Commission.
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization › Section 540:1-3-3 - Powers, duties, and responsibilities of Commission

Current through Vol. 41, No. 20, July 1, 2024
As defined in Section
				  697.5 of Title 70 of the Oklahoma
				  Statutes,
the Health Care Workforce Training Commission, in order to
				  perform its official function in establishing and administering physician
				  training programs
[70:697.5] to meet the physician and health care
				  workforce needs in Oklahoma,
shall have the following specific powers,
				  duties, and responsibilities:
[70:697.5]
(1)
To review all available data on
				health care workforce in Oklahoma in order to determine the current and
				projected distribution of physicians by geographic location and by type of
				practice, and, to accomplish this review, the Commission shall obtain
				information from and work in conjunction with the State Department of Health
				and all other agencies which gather data and evaluate health care workforce
				needs.
[70:697.5(1)] The Commission shall fully utilize the resources
				of its Health Care Workforce Databank.
(2)
To serve as an agent to advise
				hospitals, clinics, and communities on setting up and planning internship and
				residency programs which emphasize the provision of additional primary care
				physicians to service the rural areas of Oklahoma with primary care specialties
				to be defined to include training in the area of internal medicine, obstetrics
				and gynecology, pediatrics, emergency trauma, and family practice.
[70:697.5(3)]
(3)
To
administer and
determine the specific level of
				funding and the priorities used for granting state support to approved
				hospitals and clinical situations, in cooperation with the University of
				Oklahoma College of Medicine, University of Oklahoma College of Medicine-Tulsa
				and the Oklahoma College of Osteopathic Medicine and Surgery for approved
				hospital physician training programs for interns and residents and to recommend
				to the Governor and the Oklahoma Legislature the total funds needed to carry
				out the purpose of this program.
[70:697.5(8)]
(4) To administer and determine the level of
				funding to be requested for the following programs of the Health Care Workforce
				Training Commission:
(A) the
Oklahoma
				Community Physician Education Scholarship Program Fund,
[70:625.11]
(B) the
Community Match
				Rural Scholarship Incentive Program,
[70:625.13]
(C) the
program of physician and
				health care workforce placement services,
[70:697.5(12)]
(D) the
Nursing Student Assistance
				Program
, [70:697.17]
(E)
				the
Physician Assistant Scholarship Program
, [70:697.21] and
(F) the
Oklahoma Medical
				Loan Repayment Program
. [63:1-2721]
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization › Section 540:1-3-4 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission
				shall hold such meetings as it deems necessary. Special meetings may be called
				by the Chairman at his discretion. Special meetings shall be called when four
				members of the Commission request of the Chairman, in writing, that such a
				meeting be called.
(b) The
				Commission may convene at any location selected by the Executive Director and
				approved by the Chairman.
(c) All
				meetings of the Commission shall be conducted in compliance with the applicable
				provisions of the Oklahoma Open Meeting Act, 25 O.S. 1981, SS 301 et. seq., and
				laws amendatory thereto.
(d) The
				agenda of the Commission's regular meetings shall be determined by the
				Chairman, in counsel with its Executive Director, and a copy thereof sent to
				each Commission member and Ex-Officio member at least seven days before the
				meeting.
(e) The agenda of the
				Commission special meetings shall be determined by the Chairman, in counsel
				with the Executive Director, and copies thereof mailed to each Commission
				member and Ex-Officio member no less than five days prior to the meeting. Only
				those items appearing on the agenda of such special meeting shall be considered
				by the Commission.
(f) All meetings
				of the Commission shall be conducted in accordance with Roberts Rules of Order
				except as modified by this section or by statute.
(g) A quorum shall consist of a simple
				majority of the total membership of the Commission. A quorum shall be necessary
				to conduct any official business.
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization › Section 540:1-3-5 - Principal office; office hours; availability of records

Current through Vol. 41, No. 20, July 1, 2024
(a) The principal office of the Health Care
				Workforce Training Commission ("HWTC") is located in Oklahoma City, Oklahoma at
				the address listed on the HWTC website, oklahoma.gov/hwtc.html.
(b) Office hours shall be from 8:00 A.M. to
				4:30 P.M., Monday through Friday, excepting legal holidays established by
				statute or proclamation of Governor.
(c) All rules and regulations and statements
				of policy Amended by the Commission shall be available for inspection at the
				principal office during regular business hours.
Amended at 15 Ok Reg
				  1767, eff 5-11-98
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Individual Proceedings › Section 540:1-5-1 - Individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) In an
				individual proceeding, all parties shall be afforded an opportunity for hearing
				after reasonable notice.
(1) Notice of
				hearing shall be mailed to the last known address of all parties by registered
				mail at least fifteen (15) calendar days in advance of the hearing.
(2) The notice shall include the time, date,
				location and statement of the matters asserted.
(3) The notice shall also include a statement
				of the legal authority and jurisdiction under which the hearing is to be held
				and a reference to the particular sections of the statutes and rules
				involved.
Oklahoma Administrative Code › Title 540 - Health Care Workforce Training Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Individual Proceedings › Section 540:1-5-2 - Procedures applicable to adoption, amendment, and repeal of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission
				may promulgate, amend, or repeal a rule of his own initiative, and may
				promulgate, amend, or repeal a rule at the request of the Chairman.
(b) Any interested person may petition the
				Commission, requesting the promulgation, amendment, or repeal of a rule. All
				such petitions shall be in writing, and be filed with the Executive Director of
				the Commission at the principal office. The petition shall state, clearly and
				concisely, all matters pertaining to the requested action and the reasons for
				the request. The request must also state whether there is someone known to the
				petitioner who is concerned with the subject of the request and should be
				notified of the hearing.
(c) Within
				thirty (30) calendar days of submission of a petition, The Commission shall
				initiate rulemaking proceedings or provide a written response explaining why
				rulemaking proceedings were not initiated. [75:305]
(d) The Health Care Workforce Training
				Commission may, of its own motion, conduct hearings on proposed rules,
				amendments to or repeal of rules, and shall conduct such hearings when so
				directed by the Commission.
(e)
				Unless otherwise specified, and stated in the notice of hearing, all hearings,
				shall be conducted in the offices of the Commission.
(f) Any person who is interested or affected
				by a proposed action may appear at the hearing. An appearance may be made
				individually, by an attorney, or by an authorized agent.
(g) Prior to the adoption, amendment, or
				repeal of a rule the Commission shall afford any interested person a reasonable
				opportunity to submit data, views, and arguments, either oral or written,
				concerning such proposed action. If the rule under consideration is one which
				affects the substantive rights of any person, the Commission shall grant any
				person or association a reasonable opportunity to submit data, views, and
				arguments, either oral or written, concerning such proposed action. If the rule
				under consideration is one which affects the substantive rights of any person,
				the Commission shall grant any person or association a reasonable opportunity
				to participate in an oral hearing, when so requested in writing by the person
				or association. Oral argument on such a rule shall also be granted when
				requested by a subdivision or agency of government. If no substantive rights of
				the person, association, or governmental entity are affected by or involved in
				the rule to be considered, the Commission may, in its discretion, refuse to
				hear oral argument and require such matters to be submitted in writing. The
				Commission, in the exercise of its sound discretion, shall determine whether
				the proposed action affects any such substantive rights.
Amended at 15 Ok Reg
				  1767, eff 5-11-98