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0 chapters · 1,688 sections in this title.
59 O.S. § 355.2 Violations of act – Adoption of rules
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A. A licensed prescriber violating any of the provisions of the Oklahoma Pharmacy Act shall be subject to appropriate actions established in the rules and regulations of his or her licensing board. B. Rules relating to the Oklahoma Pharmacy Act shall be adopted by the appropriate…
59 O.S. § 355.4 Substituting interchangeable biological products for
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prescribed biological products. A. For the purposes of this section: 1. "Biological product" has the same meaning given to that term in 42 U.S.C., Section 262; and 2. "Interchangeable biological product" means a biological product that the U.S. Food and Drug Administration (FDA):…
59 O.S. § 356 Pharmacy Audit Integrity Act
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This act shall be known and may be cited as the “Pharmacy Audit Integrity Act”. Added by Laws 2008, c. 137, § 1, eff. Nov. 1, 2008.
59 O.S. § 356.1 Definitions – Purpose - Application
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A. For purposes of the Pharmacy Audit Integrity Act: 1. “Audit” means any review, inspection, or analysis conducted by a pharmacy benefits manager (PBM) or its representative of a pharmacy’s records, practices, or compliance with contractual obligations; 2. “Disaster declaration”…
59 O.S. § 356.2 See the following versions:
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OS 59-356.2v1 (SB 993, Laws 2025, c. 300, § 2) OS 59-356.2v2 (SB 789, Laws 2025, c. 414, § 1)
59 O.S. § 356.2v1 Pharmacy audit requirements - Computerized medical
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records - Written report - Copy - Recoupment. A. The entity conducting an audit of a pharmacy shall: 1. Identify and specifically describe the audit and appeal procedures in the pharmacy contract. Prescription claim documentation and recordkeeping requirements shall not exceed th…
59 O.S. § 356.2v2 Pharmacy audit requirements - Computerized medical
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records - Written report - Copy - Recoupment. A. The entity conducting an audit of a pharmacy shall: 1. Identify and specifically describe the audit and appeal procedures in the pharmacy contract. Prescription claim documentation and record-keeping requirements shall not exceed t…
59 O.S. § 356.3 Appeals process - Dismissal - Fraud or willful
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misrepresentation - Application of act. A. Each entity conducting an audit shall establish a written appeals process under which a pharmacy may appeal an unfavorable preliminary audit report and/or final audit report to the entity. B. Following an appeal, if the entity finds that…
59 O.S. § 356.4 Extrapolation audit prohibited
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A. For the purposes of the Pharmacy Audit Integrity Act, “extrapolation audit” means an audit of a sample of prescription drug benefit claims submitted by a pharmacy to the entity conducting the audit that is then used to estimate audit results for a larger batch or group of clai…
59 O.S. § 356.5 Retrospective application – Audits not covered by act
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A. The audit criteria set forth in the Pharmacy Audit Integrity Act shall apply only to audits of claims for services provided and claims submitted for payment after this act becomes law. B. The Pharmacy Audit Integrity Act shall not apply to any audit, including but not limited …
59 O.S. § 356.6 Tolling period during a declared disaster
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A. Notwithstanding any other provision of law, the ability of a pharmacy benefits manager (PBM) to initiate, continue, or conclude an audit of a pharmacy shall be tolled for the duration of a declared disaster and for an additional period of thirty (30) calendar days following th…
59 O.S. § 357 See the following versions:
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OS 59-357v1 (SB 993, Laws 2025, c. 300, § 6) OS 59-357v2 (SB 789, Laws 2025, c. 414, § 2)
59 O.S. § 357v1 Definitions
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A. As used in Sections 357 through 360 of this title and Section 9 of this act: 1. “Covered entity” means a nonprofit hospital or medical service organization, for-profit hospital or medical service organization, insurer, health benefit plan, health maintenance organization, heal…
59 O.S. § 357v2 Definitions
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A. As used in Sections 357 through 360 of this title: 1. “Covered entity” means a nonprofit hospital or medical service organization, for-profit hospital or medical service organization, insurer, health benefit plan, health maintenance organization, health program administered by…
59 O.S. § 358 Pharmacy benefits management licensure – Procedures –
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Penalties for noncompliance. A. In order to provide pharmacy benefits management or any of the services included under the definition of pharmacy benefits management in this state, a pharmacy benefits manager or any entity acting as one in a contractual or employment relationship…
59 O.S. § 359 Information regarding difference in amount paid for
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prescription services rendered and amount billed. A pharmacy benefits manager shall provide, upon request by the covered entity, information regarding the difference in the amount paid to providers for prescription services rendered to covered individuals and the amount billed by…
59 O.S. § 360 See the following versions:
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OS 59-360v1 (SB 993, Laws 2025, c. 300, § 8) OS 59-360v2 (SB 789, Laws 2025, c. 414, § 3)
59 O.S. § 360.1 Tolling period to file a below-cost reimbursement appeal
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during a declared disaster. A. If a disaster declaration is issued for a county in this state, the time period for a provider, a provider’s representative, or a pharmacy service administrative organization to file a below- cost reimbursement appeal pursuant to Section 360 of Titl…
59 O.S. § 360v1 Pharmacy benefits manager – Contractual duties to
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provider. A. The pharmacy benefits manager shall, with respect to contracts between a pharmacy benefits manager and a provider, including a pharmacy service administrative organization: l. Include in such contracts the specific sources utilized to determine the maximum allowable …
59 O.S. § 360v2 Pharmacy benefits manager – Contractual duties to
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provider. A. The pharmacy benefits manager shall, with respect to contracts between a pharmacy benefits manager and a provider, including a pharmacy service administrative organization: l. Include in such contracts the specific sources utilized to determine the maximum allowable …
59 O.S. § 367.1 Short title
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Sections 1 through 7 of this act shall be known and may be cited as the “Utilization of Unused Prescription Medications Act”. Added by Laws 2004, c. 374, § 1, emerg. eff. June 3, 2004.
59 O.S. § 367.2 Definitions
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As used in the Utilization of Unused Prescription Medications Act: 1. “Assisted living center” has the same meaning as such term is defined in Section 1-890.2 of Title 63 of the Oklahoma Statutes; 2. “Cancer drugs” means any of several drugs that control or kill neoplastic cells,…
59 O.S. § 367.3 Program for utilization of unused prescription drugs
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A. The Board of Pharmacy shall implement statewide a program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled dangerous substances in Section 2-101 of Title 63 of the Oklahoma Statutes, may be tr…
59 O.S. § 367.4 Criteria for accepting unused prescription drugs
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The following criteria shall be used in accepting unused prescription drugs for use under the Utilization of Unused Prescription Medications Act: 1. Only prescription drugs in their original sealed unit dose packaging or unused injectables shall be accepted and dispensed pursuant…
59 O.S. § 367.5 Participation in program voluntary – Acts and
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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 shal…
59 O.S. § 367.5.1 Pharmacies operated by or under contract with
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Department of Corrections – Resale or redispensing of prescription drugs. A. A pharmacy operated by the Department of Corrections or under contract with the Department of Corrections or a county jail may accept for the purpose of resale or redispensing a prescription drug that ha…
59 O.S. § 367.6 Liability of participating organizations and
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manufacturers – Bad faith or gross negligence. A. For matters related only to the lawful donation, acceptance, or dispensing of prescription drugs under the Utilization of Unused Prescription Medications Act, the following persons and entities, in compliance with the Utilization …
59 O.S. § 367.7 Promulgation of rules – Donation of unused prescription
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drugs. A. The Board of Pharmacy shall promulgate emergency rules by December 1, 2004, to implement the Utilization of Unused Prescription Medications Act. Permanent rules shall be promulgated pursuant to the Administrative Procedures Act. Such rules shall include: 1. Eligibility …
59 O.S. § 367.8 Maintenance of drugs in emergency kits by pharmacies
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A. A pharmacy may maintain drugs in an emergency medication kit for dispensation in a facility as provided by this section. The pharmacy shall establish a policy and procedures governing the maintenance and dispensation of such drugs in accordance with the provisions of this sect…
59 O.S. § 368 Access to prescription drugs for low income Oklahomans
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A. 1. This act shall be known and may be cited as the “Oklahoma Prescription Drug Discount Program Act of 2005”. 2. Recognizing that many Oklahomans do not have health insurance coverage for prescription drugs, the Oklahoma Legislature hereby establishes provisions to increase ac…
59 O.S. § 369 Emergency contraceptive prescription
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Plan B One-Step, or its generic equivalent, also known as the "morning-after" emergency contraceptive, shall not be available to women under the age of seventeen (17) without a prescription. Such emergency contraceptive shall be dispensed by pharmacists to women seventeen (17) ye…
59 O.S. § 374 Medication services procedures
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In facilities operated by the Oklahoma Department of Veterans Affairs, the following medication services procedures shall be utilized: 1. An inventory record shall be maintained for each Schedule II-V medication distributed to a nursing station such that each dose (unit) is docum…
59 O.S. § 375.1 Short title - Oklahoma Durable Medical Equipment
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Licensing Act. Sections 2 through 5 of this act shall be known and may be cited as the "Oklahoma Durable Medical Equipment Licensing Act". Added by Laws 2022, c. 288, § 1, eff. Nov. 1, 2022.
59 O.S. § 375.2 Definitions
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As used in the Oklahoma Durable Medical Equipment Licensing Act: 1. "Board" means the State Board of Pharmacy; 2. a. "Durable medical equipment" means equipment for which a prescription is required, including for repair and replacement parts, and that: (1) can stand repeated use,…
59 O.S. § 375.3 Supplier license – Inspections – Promulgation of rules
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A. Any supplier of durable medical equipment to a consumer in this state shall possess a durable medical equipment supplier license issued by the State Board of Pharmacy pursuant to the Oklahoma Durable Medical Equipment Licensing Act. B. Licenses issued by the Board pursuant to …
59 O.S. § 375.4 Application for license – Fee – Out-of-state supplier –
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Safety standards – Revocation or suspension. A. The State Board of Pharmacy may issue a license to an applicant for licensure as a supplier of durable medical equipment if the applicant pays the appropriate license fee established under Section 8 of this act and submits, in a for…
59 O.S. § 375.5 Application of act
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The Oklahoma Durable Medical Equipment Licensing Act shall not apply to: 1. Pharmacies and pharmacists; 2. Hospitals; 3. Ambulatory surgical centers; 4. Health care facilities owned or operated by the state or federal government; 5. Skilled nursing facilities; 6. Assisted living …
59 O.S. § 395.1 Short title
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Sections 395.1 through 396.28 of this title, and Sections 24 through 26 of this act shall be known and may be cited as the "Funeral Services Licensing Act". Added by Laws 1989, c. 297, § 1, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 1, eff. July 1, 1999; Laws 2003, c. 57, …
59 O.S. § 396 Oklahoma Funeral Board - Appointment - Term -
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Qualifications. There is hereby re-created, to continue until July 1, 2029, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Funeral Board. Any reference in the statutes to the Oklahoma State Board of Embalmers and Funeral Directors shall be a reference …
59 O.S. § 396.1 Oath of office
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Members of said Board, before entering upon their duties, shall take and subscribe to the oath of office provided for state officers, and the same shall be filed in the office of the Secretary of State. Added by Laws 1941, p. 235, § 2, emerg. eff. May 20, 1941.
59 O.S. § 396.10 Application - Rules of Board - Publication of changes
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in rules. Any person desiring to engage in the profession or business of embalming or funeral directing or both, as defined herein, shall make application, be required to show all preliminary requisites, comply with the rules of the Board, and take all examinations as shall be de…
59 O.S. § 396.11 Apprenticeship - Application - Certificate - Rules
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A. The term for an apprenticeship in embalming and the term for an apprenticeship in funeral directing may be served concurrently. Applications for an apprenticeship in funeral directing or embalming shall be made to the Board in writing on a form and in a manner prescribed by th…
59 O.S. § 396.12 Funeral establishment required to be licensed – Display
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of license - Inspection of premises - Sanitary rules – Commercial embalming establishments. A. Any place where a person shall hold forth by word or act that the person is engaged in the profession of undertaking or funeral directing shall be deemed as a funeral establishment and …
59 O.S. § 396.12a Embalming to be performed by licensed embalmer or
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apprentice - Holding out as funeral director, embalmer, etc. without license prohibited. A. No person shall place any chemical substance, fluid or gas on or in dead human remains who is not a licensed embalmer. This prohibition shall not apply to a registered apprentice, working …
59 O.S. § 396.12b Conducting funeral, persons authorized - Embalming
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persons authorized - Transfer or removal of remains. A. Each funeral conducted within this state shall be under the personal supervision of a duly licensed funeral director who holds a valid license from the Oklahoma Funeral Board. A registered apprentice may assist in conducting…
59 O.S. § 396.12c Refusal to issue or renew, revocation or suspension of
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license – Grounds – Definitions. A. After notice and hearing pursuant to Article II of the Administrative Procedures Act, the Oklahoma Funeral Board may refuse to issue or renew, or may revoke or suspend, any license or registration for any one or combination of the following: 1.…
59 O.S. § 396.12d Violations - Penalties - Liabilities
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Any person who violates any of the provisions of the Funeral Services Licensing Act or rule or regulation promulgated or order issued pursuant thereto, after notice and hearing pursuant to Article II of the Administrative Procedures Act, shall be subject to any of the following p…
59 O.S. § 396.12e Administrative penalty and costs - Surrender of
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license in lieu of penalty. A. Any person or entity who has been determined by the Oklahoma Funeral Board to have violated any provision of the Funeral Services Licensing Act or any rule or order issued pursuant thereto may be liable for an administrative penalty. The maximum adm…
59 O.S. § 396.12f Complaints - Investigation - Hearing - Emergencies -
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Orders - Appeal - Service of instruments. A. Complaints against any person for alleged violations of the Funeral Services Licensing Act or of any of the rules issued pursuant thereto shall be in writing, signed by the complainant and filed with the executive director of the Oklah…
59 O.S. § 396.16 Records of Board - Contents - Public inspection
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The Board shall keep a record of its proceedings, and its acts relating to the issuance, refusal, renewal, suspensions and revocation of licenses. This record shall contain the name, place of business, and residence of each registered embalmer and funeral director and registered …