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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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