SECTION 535:12-1-9. Requirements for Pharmacies dispensing unused prescription drugs

(a)   The following are requirements for eligible Oklahoma licensed pharmacies dispensing unused prescription drugs;

(1)   Maintain a current drug identification book, or may have a current computer program or online service for the same;

(2)   Dispense unused prescription drugs only upon the valid prescription of an Oklahoma licensed health care prescribers;

(3)   Properly label all dispensed unused prescription drugs;

(4)   Comply with all federal and state law and rules regarding storage and distribution of prescription drugs;

(5)   Inspect all prescription drugs prior to dispensing to determine that the donated drugs shall meet all federal and state requirements for product integrity;

(6)   Unused prescription drugs, prescription drug manufacturer's drug samples and donated manufacturers drug stock obtained or donated under this Subchapter shall not be resold, except transfers as allowed in 535:12-1-9 (d) between licensed eligible pharmacies.

(b)   If it is determined by the pharmacist's professional judgment that it would be best for the patient, the drugs can be removed from bingo cards (unit dose packaging [UDP]) and placed in a proper vial for dispensing. If the bingo card is relabeled and used the pharmacist must ensure that the patient is made aware that the medication is not in a child resistant container.

(1)   See expiration dating requirements in labeling 535:12-1-11.

(2)   The removal of the medication from the bingo card (UDP) may only be done by the dispensing pharmacy's licensed pharmacist or permitted pharmacy technician.

(3)   Samples must remain in original package as required under federal law, and cannot be removed from original packaging for dispensing.

(c)   Eligible Oklahoma licensed charitable pharmacies may establish the following policy and procedures for dispensing of unused prescription drugs to the medically indigent.

(1)   May limit the number of prescriptions per patient per visit or per month, to allow a greater number of individuals access to such prescription drugs.

(2)   When established, this should be a written policy that is enforced equally to prevent discrimination.

(d)   Eligible Pharmacies (EP) may transfer unused prescription drugs to another pharmacy in the program when one EP has the need for a drug and another EP has it available.

(1)   A manifest will be prepared by the transferring pharmacy and kept on file for two (2) years.

(2)   A copy of the manifest will be sent with the transferred drugs and kept on file in the receiving pharmacy for two (2) years.

(e)   The Board will request input from the Oklahoma Department of Mental Health and

Substance Abuse Services regarding rules for their eligible pharmacies.

(f)   The Board will request input from the Oklahoma Department of Health regarding rules for their eligible pharmacies.

[Source: Added at 22 Ok Reg 345, eff 1-1-05 (emergency); Added at 22 Ok Reg 2168, eff 7-1-05; Amended at 32 Ok Reg 1227, eff 8-27-15]