Okla. Stat. tit. 59, § 59-367.7: Promulgation of rules – Donation of unused prescription

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 criteria for pharmacies and charitable clinics

authorized to receive and dispense donated prescription drugs under

the Utilization of Unused Prescription Medications Act;

2. Establishment of a formulary which shall include all

prescription drugs approved by the federal Food and Drug

Administration;

3. Standards and procedures for transfer, acceptance, safe

storage, security, and dispensing of donated prescription drugs;

4. A process for seeking input from the State Department of

Health in establishing provisions which affect nursing homes and

assisted living centers;

5. A process for seeking input from the Department of Mental

Health and Substance Abuse Services in establishing provisions which

affect mental health and substance abuse clients;

6. Standards and procedures for inspecting donated prescription

drugs to ensure that the drugs are in compliance with the

Utilization of Unused Prescription Medications Act and to ensure

that, in the professional judgment of the pharmacist, the

medications meet all federal and state standards for product

integrity;

7. Procedures for destruction of medications that are donated

which are controlled substances;

8. Procedures for verifying whether the pharmacy and

responsible pharmacist participating in the program are licensed and

in good standing with the Board of Pharmacy;

9. Establishment of standards for acceptance of unused

prescription medications from assisted living centers; and

10. Any other standards and procedures the Board of Pharmacy

deems appropriate or necessary to implement the provisions of the

Utilization of Unused Prescription Medications Act.

B. In accordance with the rules and procedures of the program

established pursuant to this section, a resident of a nursing

facility or assisted living center, or the representative or

guardian of a resident may donate unused prescription medications,

other than prescription drugs defined as controlled dangerous

substances by Section 2-101 of Title 63 of the Oklahoma Statutes,

for dispensation to medically indigent persons.