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§59-353.1.


§59-353.1.
   
   For the purposes of the Oklahoma Pharmacy Act, Section 353 et seq. of
   this title:
   
   1. "Pharmacy" means a place regularly licensed by the Oklahoma State
   Board of Pharmacy in which prescriptions, drugs, medicines, chemicals
   and poisons are compounded or dispensed;
   
   2. "Pharmacist" means a person registered by the Oklahoma State Board
   of Pharmacy to engage in the practice of pharmacy;
   
   3. "Drugs" means all medicinal substances and preparations recognized
   by the United States Pharmacopoeia and National Formulary, or any
   revision thereof, and all substances and preparations intended for
   external and internal use in the cure, diagnosis, mitigation,
   treatment or prevention of disease in humans and all substances and
   preparations, other than food, intended to affect the structure or any
   function of the body of a human;
   
   4. "Medicine" means any drug or combination of drugs which has the
   property of curing, preventing, treating, diagnosing or mitigating
   diseases, or which is used for that purpose;
   
   5. "Poison" means any substance which when introduced into the system,
   either directly or by absorption, produces violent, morbid or fatal
   changes, or which destroys living tissue with which such substance
   comes into contact;
   
   6. "Chemical" means any medicinal substance, whether simple or
   compound or obtained through the process of the science and art of
   chemistry, whether of organic or inorganic origin;
   
   7. "Prescription" means and includes any order for drug or medical
   supplies written or signed, or transmitted by word of mouth, telephone
   or other means of communication by a licensed practitioner of
   allopathic or osteopathic medicine, including physician assistants
   under the supervision of a licensed physician, dentistry, optometry
   certified by the Board of Examiners in Optometry, podiatry, or
   veterinary medicine, licensed by law to prescribe such drugs and
   medical supplies intended to be filled, compounded, or dispensed by a
   pharmacist;
   
   8. "Filled prescription" means a packaged prescription medication to
   which a label has been affixed, which shall contain such information
   as is required by the Oklahoma Pharmacy Act;
   
   9. "Nonprescription drugs" means medicines or drugs which are sold
   without a prescription and which are prepackaged for use by the
   consumer and labeled in accordance with the requirements of the
   statutes and regulations of this state and the federal government.
   Such items shall also include medical and dental supplies, and bottled
   or nonbulk chemicals which are sold or offered for sale to the general
   public, if such articles or preparations meet the requirements of the
   Federal Food, Drug and Cosmetic Act, 21 U.S.C.A., Section 321 et seq.;
   
   10. "Hospital" means any institution licensed by this state for the
   care and treatment of patients;
   
   11. "Person" means every individual, copartnership, corporation or
   association, unless the context otherwise requires;
   
   12. "Board" or "State Board" means the Oklahoma State Board of
   Pharmacy;
   
   13. "Administer" means the direct application of a drug, whether by
   injection, inhalation, ingestion or any other means, to the body of a
   patient;
   
   14. "Dispense" includes sell, distribute, leave with, give away,
   dispose of, deliver, or supply;
   
   15. "Wholesaler" or "Distributor" means a person engaged in the
   business of distributing dangerous drugs or medicines at wholesale to
   pharmacies, hospitals, practitioners, government agencies, or other
   lawful drug outlets permitted to sell or use drugs or medicines;
   
   16. "Dangerous drug", "legend drug" or "prescription drug" means a
   drug which, under federal law, is required, prior to being dispensed
   or delivered, to be labeled with either of the following statements:
   (i) "Caution: Federal law prohibits dispensing without prescription",
   or (ii) "Caution: Federal law restricts this drug to use by or on the
   order of a licensed veterinarian", or a drug which is required by any
   applicable federal or state law or regulation to be dispensed on
   prescription only or is restricted to use by practitioners only;
   
   17. "Manufacturer" means a person engaged in the manufacturing of
   drugs;
   
   18. "Practice of pharmacy" means:
   
   a. the interpretation and evaluation of prescription orders,
   
   b. the compounding, dispensing, and labeling of drugs and devices,
   except labeling by a manufacturer, packer or distributor of
   nonprescription drugs and commercially packaged legend drugs and
   devices,
   
   c. the participation in drug selection and drug utilization reviews,
   
   d. the proper and safe storage of drugs and devices and the
   maintenance of proper records thereof,
   
   e. the responsibility for advising by counseling and providing
   information, where professionally necessary or where regulated, of
   therapeutic values, content, hazards and use of drugs and devices,
   
   f. the offering or performing of those acts, services, operations, or
   transactions necessary in the conduct, operation, management and
   control of a pharmacy, and
   
   g. the provision of those acts or services that are necessary to
   provide pharmaceutical care;
   
   19. "Drug outlet" means all pharmacies, wholesalers, manufacturers, or
   wherever dangerous drugs are stored, and facilities which are engaged
   in dispensing, delivery or distribution of dangerous drugs;
   
   20. "Manufacturing" means the production, preparation, propagation,
   compounding, conversion, or processing of a device or a drug, either
   directly or indirectly by extraction from substances of natural origin
   or independently by means of chemical or biological synthesis and
   includes any packaging or repackaging of the substances or labeling or
   relabeling of its container, and the promotion and marketing of such
   drugs or devices. The term "manufacturing" also includes the
   preparation and promotion of commercially available products from bulk
   compounds for resale by pharmacies, practitioners or other persons;
   
   21. "Assistant pharmacist" means any person presently licensed as an
   assistant pharmacist in the State of Oklahoma by the Board pursuant to
   Section 353.10 of this title and for the purposes of this act shall be
   considered the same as a pharmacist, except where otherwise specified;
   
   22. "Packager" means any person, firm, or corporation, except a
   pharmacy, who transfers dangerous drugs including but not limited to
   compressed medical gases from one container to another of any type;
   
   23. "Continuing professional education" means professional,
   pharmaceutical education in the general areas of the socioeconomic and
   legal aspects of health care; the properties and actions of drugs and
   dosage forms; and the etiology, characteristics and therapeutics of
   the diseased state;
   
   24. "Accredited program" means those seminars, classes, meetings, work
   projects and other educational courses approved by the Board for
   purposes of continuing professional education;
   
   25. "Supervising physician" means an individual holding a current
   license to practice as a physician from the State Board of Medical
   Licensure and Supervision, pursuant to the provisions of Section 481
   et seq. of this title, or the State Board of Osteopathic Examiners,
   pursuant to the provisions of Section 620 et seq. of this title, who
   supervises an advanced practice nurse as defined in Section 567.3a of
   this title, and who is not in training as an intern, resident, or
   fellow. To be eligible to supervise an advanced practice nurse, such
   physician shall remain in compliance with the rules promulgated by the
   State Board of Medical Licensure and Supervision or the State Board of
   Osteopathic Examiners; and
   
   26. "Compounding" means the preparation, mixing, assembling,
   packaging, or labeling of a drug or device:
   
   a. as the result of a practitioner's prescription drug order or
   initiative based on the practitioner/patient/pharmacist relationship
   in the course of professional practice, or
   
   b. for the purpose of, or incident to, research, teaching, or chemical
   analysis and not for sale or dispensing.
   
   Compounding also includes the preparation of drugs or devices in
   anticipation of prescription drug orders based on routine, regularly
   observed prescribing patterns.
   

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