1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 227 By: Standridge
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6 AS INTRODUCED
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7 An Act relating to the practice of pharmacy; amending
7 59 O.S. 2021, Section 353.24, which relates to
8 unlawful acts; prohibiting certain acts by wholesale
8 distributor except under certain conditions; updating
9 statutory language; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.24, is
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14 amended to read as follows:
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15 Section 353.24. A. It shall be unlawful for any licensee or
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16 other person to:
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17 1. Forge or increase the quantity of drug in any prescription,
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18 or to present a prescription bearing forged, fictitious or altered
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19 information or to possess any drug secured by such forged,
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20 fictitious or altered prescription;
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21 2. Sell, offer for sale, barter or give away any unused
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22 quantity of drugs obtained by prescription, except through a program
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23 pursuant to the Utilization of Unused Prescription Medications Act
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24 or as otherwise provided by the State Board of Pharmacy;
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 1 3. Sell, offer for sale, barter or give away any drugs damaged
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2 by fire, water, or other causes without first obtaining the written
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3 approval of the Board or the State Department of Health;
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4 4. No person, firm or business establishment shall offer to the
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5 public, in any manner, their services as a “pick-up station” or
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6 intermediary for the purpose of having prescriptions filled or
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7 delivered, whether for profit or gratuitously. Nor may the owner of
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8 any pharmacy or drug store authorize any person, firm or business
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9 establishment to act for them in this manner with these exceptions:
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10 a. patient-specific filled prescriptions may be delivered
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11 or shipped to a prescriber’s clinic for pick-up by
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12 those patients whom the prescriber has individually
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13 determined and documented do not have a permanent or
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14 secure mailing address,
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15 b. patient-specific filled prescriptions for drugs which
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16 require special handling written by a prescriber may
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17 be delivered or shipped to the prescriber’s clinic for
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18 administration or pick-up at the prescriber’s office,
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19 c. patient-specific filled prescriptions, including
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20 sterile compounded drugs, may be delivered or shipped
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21 to a prescriber’s clinic where they shall be
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22 administered,
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23 d. patient-specific filled prescriptions for patients
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24 with end-stage renal disease (ESRD) may be delivered
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 1 or shipped to a prescriber’s clinic for administration
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2 or final delivery to the patient,
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3 e. patient-specific filled prescriptions for
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4 radiopharmaceuticals may be delivered or shipped to a
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5 prescriber’s clinic for administration or pick-up, or
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6 f. patient-specific filled prescriptions may be delivered
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7 or shipped by an Indian Health Services Service (IHS)
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8 or federally recognized tribal health organization
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9 operating under the IHS in the delivery of the
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10 prescriptions to a pharmacy operated by the IHS or a
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11 federally recognized tribal health organization for
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12 pick-up by an IHS or tribal patient.
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13 However, nothing in this paragraph shall prevent a pharmacist or
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14 an employee of the pharmacy from personally receiving a prescription
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15 or delivering a legally filled prescription to a residence, office
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16 or place of employment of the patient for whom the prescription was
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17 written. Provided further, the provisions of this paragraph shall
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18 not apply to any Department of Mental Health and Substance Abuse
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19 Services employee or any person whose facility contracts with the
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20 Department of Mental Health and Substance Abuse Services whose
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21 possession of any dangerous drug, as defined in Section 353.1 of
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22 this title, is for the purpose of delivery of a mental health
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23 consumer’s medicine to the consumer’s home or residence. Nothing in
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24 this paragraph shall prevent veterinary prescription drugs from
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 1 being shipped directly from an Oklahoma licensed wholesaler or
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2 distributor registered with the Oklahoma State Board of Veterinary
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3 Medical Examiners to a client; provided, such drugs may be dispensed
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4 only on prescription of a licensed veterinarian and only when an
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5 existing veterinary-client-patient relationship exists. Nothing in
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6 this paragraph shall prevent dialysate and peritoneal dialysis
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7 devices from being shipped directly from an Oklahoma licensed
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8 manufacturer, wholesaler or distributor to an ESRD patient or
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9 patient’s designee, consistent with subsection F of Section 353.18
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10 of this title;
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11 5. Sell, offer for sale or barter or buy any professional
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12 samples except through a program pursuant to the Utilization of
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13 Unused Prescription Medications Act;
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14 6. Refuse to permit or otherwise prevent members of the Board
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15 or such representatives thereof from entering and inspecting any and
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16 all places, including premises, vehicles, equipment, contents, and
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17 records, where drugs, medicine, chemicals or poisons are stored,
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18 sold, vended, given away, compounded, dispensed, repackaged,
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19 transported, or manufactured;
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20 7. Interfere, refuse to participate in, impede or otherwise
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21 obstruct any inspection, investigation or disciplinary proceeding
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22 authorized by the Oklahoma Pharmacy Act;
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23 8. Possess dangerous drugs without a valid prescription or a
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24 valid license to possess such drugs; provided, however, this
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 1 provision shall not apply to any Department of Mental Health and
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2 Substance Abuse Services employee or any person whose facility
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3 contracts with the Department of Mental Health and Substance Abuse
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4 Services whose possession of any dangerous drug, as defined in
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5 Section 353.1 of this title, is for the purpose of delivery of a
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6 mental health consumer’s medicine to the consumer’s home or
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7 residence;
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8 9. Fail to establish and maintain effective controls against
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9 the diversion of drugs for any other purpose than legitimate
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10 medical, scientific or industrial uses as provided by state, federal
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11 and local law;
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12 10. Fail to have a written drug diversion detection and
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13 prevention policy;
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14 11. Possess, sell, offer for sale, barter or give away any
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15 quantity of dangerous drugs not listed as a scheduled drug pursuant
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16 to Sections 2-201 through 2-212 of Title 63 of the Oklahoma Statutes
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17 when obtained by prescription bearing forged, fictitious or altered
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18 information.
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19 a. A first violation of this section shall constitute a
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20 misdemeanor and upon conviction shall be punishable by
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21 imprisonment in the county jail for a term not more
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22 than one (1) year and a fine in an amount not more
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23 than One Thousand Dollars ($1,000.00).
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 1 b. A second violation of this section shall constitute a
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2 felony and upon conviction shall be punishable by
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3 imprisonment in the Department of Corrections for a
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4 term not exceeding five (5) years and a fine in an
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5 amount not more than Two Thousand Dollars ($2,000.00);
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6 12. Violate a Board order or agreed order;
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7 13. Compromise the security of licensure examination materials;
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8 or
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9 14. Fail to notify the Board, in writing, within ten (10) days
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10 of a licensee or permit holder’s address change.
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11 B. 1. It shall be unlawful for any person other than a
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12 licensed pharmacist or physician to certify a prescription before
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13 delivery to the patient or the patient’s representative or
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14 caregiver. Dialysate and peritoneal dialysis devices supplied
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15 pursuant to the provisions of subsection F of Section 353.18 of this
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16 title shall not be required to be certified by a pharmacist prior to
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17 being supplied by a manufacturer, wholesaler or distributor.
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18 2. It shall be unlawful for any person to institute or manage a
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19 pharmacy unless such person is a licensed pharmacist or has placed a
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20 licensed pharmacist in charge of such pharmacy.
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21 3. No licensed pharmacist shall manage, supervise or be in
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22 charge of more than one pharmacy.
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23 4. No pharmacist being requested to sell, furnish or compound
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24 any drug, medicine, chemical or other pharmaceutical preparation, by
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 1 prescription or otherwise, shall substitute or cause to be
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2 substituted for it, without authority of the prescriber or
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3 purchaser, any like drug, medicine, chemical or pharmaceutical
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4 preparation.
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5 5. No pharmacy, pharmacist-in-charge or other person shall
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6 permit the practice of pharmacy except by a licensed pharmacist or
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7 assistant pharmacist.
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8 6. No person shall subvert the authority of the pharmacist-in-
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9 charge of the pharmacy by impeding the management of the
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10 prescription department to act in compliance with federal and state
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11 law.
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12 C. 1. It shall be unlawful for a pharmacy to resell dangerous
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13 drugs to any wholesale distributor.
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14 2. It shall be unlawful for a wholesale distributor to purchase
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15 drugs from a pharmacy.
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16 D. Unless the pharmacy is in violation of applicable state or
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17 federal laws or is in violation of terms of the contract with the
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18 wholesale distributor including but not limited to financial terms,
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19 or unless the drug is under a method of distribution or allocation
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20 by the wholesale distributor or manufacturer or is under a supply
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21 constraint, it shall be unlawful for a wholesale distributor to:
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22 1. Prevent a licensed pharmacy under contract with the
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23 wholesale distributor from purchasing drugs that the wholesale
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24 distributor sells; or
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 1 2. Restrict the amount of a particular drug to a licensed
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2 pharmacy under contract with the wholesale distributor.
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3 SECTION 2. This act shall become effective November 1, 2023.
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5 59-1-1430 DC 1/9/2023 6:13:11 PM
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