§ 59-367.5. Participation in program voluntary – Acts and obligations of participating organization – Government reimbursement not considered resale.

A.  Participation in the Utilization of Unused Prescription Medications Act by pharmacies, nursing homes, assisted living centers, charitable clinics or prescription drug manufacturers shall be voluntary.  Nothing in the Utilization of Unused Prescription Medications Act shall require any pharmacy, nursing home, assisted living center, charitable clinic or prescription drug manufacturer to participate in the program.

B.  A pharmacy or charitable clinic which meets the eligibility requirements established in the Utilization of Unused Prescription Medications Act may:

1.  Dispense prescription drugs donated under the Utilization of Unused Prescription Medications Act to persons who are medically indigent residents of Oklahoma as established in rules by the Board of Pharmacy; and

2.  Charge persons receiving donated prescription drugs a handling fee established by rule by the Board of Pharmacy.

C.  A pharmacy or charitable clinic which meets the eligibility requirements established and authorized by the Utilization of Unused Prescription Medications Act which accepts donated prescription drugs shall:

1.  Comply with all applicable federal and state laws related to the storage and distribution of dangerous drugs;

2.  Inspect all prescription drugs prior to dispensing the prescription drugs to determine that such drugs are not adulterated; and

3.  Dispense prescription drugs only pursuant to a prescription issued by a health care professional.

D.  Prescription drugs donated under the Utilization of Unused Prescription Medications Act shall not be resold.

E.  For purposes of the Utilization of Unused Prescription Medications Act, reimbursement from governmental agencies to charitable clinics shall not be considered resale of prescription drugs.

Added by Laws 2004, c. 374, § 5, emerg. eff. June 3, 2004.