{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-353.18","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-353.18","heading":"Sale, manufacturing or packaging of dangerous drugs,","body":"medicines, chemicals or poisons – Qualifications for licensure -\n\nViolations – Penalties.\n\nA. 1. It shall be unlawful for any person, including, but not\n\nlimited to, Internet, website or online pharmacies, to sell at\n\nretail or to offer for sale, dangerous drugs, medicines, chemicals\n\nor poisons for the treatment of disease, excluding agricultural\n\nchemicals and drugs, or to accept prescriptions for same, without\n\nfirst procuring a license from the State Board of Pharmacy. This\n\nlicensure requirement applies whether such sale, offer for sale or\n\nacceptance of prescriptions occurs in this state, or such sale,\n\noffer for sale, or acceptance of prescriptions occurs out of state\n\nand the dangerous drug, medicine, chemical or poison is to be\n\ndelivered, distributed or dispensed to patients or customers in this\n\nstate. This licensure requirement shall not apply to the\n\ndistribution or dispensing of dialysate or peritoneal dialysis\n\ndevices to patients with end-stage renal disease (ESRD) consistent\n\nwith subsection F of this section.\n\n2. A pharmacy license shall be issued to such person as the\n\nBoard shall deem qualified upon evidence satisfactory to the Board\n\nthat:\n\na. the place for which the license is sought will be\n\nconducted in full compliance with the law and the\n\nrules of the Board,\n\nb. the location and physical characteristics of the place\n\nare reasonably consistent with the maintenance of\n\nprofessional surroundings and constitute no known\n\ndanger to the public health and safety,\n\nc. the place will be under the management and control of\n\na licensed pharmacist or pharmacist-in-charge who\n\nshall be licensed as a pharmacist in Oklahoma, and\n\nd. a licensed pharmacist shall be present and on duty at\n\nall business hours; provided, however, the provisions\n\nof this subparagraph shall not apply to hospital drug\n\nrooms.\n\n3. a. An application for an initial or renewal license\n\nissued pursuant to the provisions of this subsection\n\nshall:\n\n(1) be submitted to the Board in writing,\n\n(2) contain the name or names of persons owning the\n\npharmacy, and\n\n(3) provide other such information deemed relevant by\n\nthe Board.\n\nb. An application for an initial or renewal license shall\n\nbe accompanied by a licensing fee not to exceed Three\n\nHundred Dollars ($300.00) for each period of one (1)\n\nyear. Prior to opening for business, all applicants\n\nfor an initial license or permit shall be inspected.\n\nAn initial licensure applicant shall pay an inspection\n\nfee not to exceed Two Hundred Dollars ($200.00);\n\nprovided, however, that no charge shall be made for\n\nthe licensing of any Federal Veterans Hospital in the\n\nState of Oklahoma. Non-resident pharmacies shall\n\nreimburse the Board for any actual expenses incurred\n\nfor inspections.\n\nc. A license issued pursuant to the provisions of this\n\nsubsection shall be valid for a period set by the\n\nBoard and shall contain the name of the licensee and\n\nthe address of the place at which such business shall\n\nbe conducted.\n\n4. A retail pharmacy that prepares sterile drugs shall obtain a\n\npharmacy license, and shall also obtain a sterile compounding permit\n\nat a fee set by the Board, not to exceed Seventy-five Dollars\n\n($75.00). Such pharmacy shall meet requirements set by the Board by\n\nrule for sterile compounding permits.\n\n5. An outsourcing facility desiring to dispense prescriptions\n\nto patients must additionally license and meet the requirements of a\n\npharmacy.\n\nB. 1. It shall be unlawful for any person to manufacture,\n\nrepackage, distribute, outsource, warehouse or be a third-party\n\nlogistics provider of any dangerous drugs, medicines, medical gases,\n\nchemicals, or poisons for the treatment of disease, excluding\n\nagricultural chemicals, without first procuring a license from the\n\nBoard. It shall be unlawful to sell or offer for sale at retail or\n\nwholesale dangerous drugs, medicines, medical gases, chemicals or\nrepackage, distribute, outsource, warehouse or be a third-party\n\nlogistics provider of any dangerous drugs, medicines, medical gases,\n\nchemicals, or poisons for the treatment of disease, excluding\n\nagricultural chemicals, without first procuring a license from the\n\nBoard. It shall be unlawful to sell or offer for sale at retail or\n\nwholesale dangerous drugs, medicines, medical gases, chemicals or\n\npoisons without first procuring a license from the Board. This\n\nlicensure requirement shall apply when the manufacturing,\n\nrepackaging, distributing, outsourcing, warehousing, or provision of\n\nthird-party logistics occurs in this state or out of state for\n\ndelivery, distribution, or dispensing to patients or customers in\n\nthis state.\n\n2. A license shall be issued to such person as the Board shall\n\ndeem qualified upon satisfactory evidence to the Board that:\n\na. the place for which the license is sought will be\n\nconducted in full compliance with the laws of this\n\nstate and the administrative rules of the Board,\n\nb. the location and physical characteristics of the place\n\nof business are reasonably consistent with the\n\nmaintenance of professional surroundings and\n\nconstitute no known danger to public health and\n\nsafety,\n\nc. the place shall be under the management and control of\n\nsuch persons as may be approved by the Board after a\n\nreview and determination of the persons'\n\nqualifications, and\n\nd. an outsourcing facility shall designate in writing on\n\na Board-approved form a person to serve as the\n\npharmacist-in-charge who is a pharmacist licensed by\n\nthe Board.\n\n3. a. An application for an initial or renewal license\n\nissued pursuant to the provisions of this subsection\n\nshall:\n\n(1) be submitted to the Board in writing,\n\n(2) contain the name or names of the owners or the\n\napplicants, and\n\n(3) provide such other information deemed relevant by\n\nthe Board.\n\nb. An application for an initial or renewal license shall\n\nbe accompanied by a licensing fee not to exceed Three\n\nHundred Dollars ($300.00) for each period of one (1)\n\nyear. Prior to opening for business, all applicants\n\nfor initial or renewal license shall be inspected. An\n\ninitial licensure applicant shall pay an inspection\n\nfee not to exceed Two Hundred Dollars ($200.00). Non-\n\nresident applicants shall reimburse the Board for any\n\nactual expenses incurred for inspections.\n\nc. A license issued pursuant to the provisions of this\n\nsubsection shall contain the name of the licensee and\n\nthe address of the place at which such business shall\n\nbe conducted and shall be valid for a period of time\n\nset by the Board.\n\nC. A licensee or permit holder who, pursuant to the provisions\n\nof this section, fails to complete an application for a renewal\n\nlicense or permit by the fifteenth day after the expiration of the\n\nlicense or permit shall pay a late fee to be fixed by the Board.\n\nD. 1. The Board shall promulgate rules regarding the issuance\n\nand renewal of licenses and permits pursuant to the Oklahoma\n\nPharmacy Act which shall include, but need not be limited to,\n\nprovisions for new or renewal application requirements for its\n\nlicensees and permit holders. Requirements for new and renewal\n\napplications may include, but need not be limited to, the following:\n\na. type of ownership, whether individual, partnership,\n\nlimited liability company or corporation,\n\nb. names and addresses of principal owners or officers\n\nand their Social Security numbers, including\n\napplicant's full name, all trade or business names\n\nused, full business address, telephone numbers, and\n\nemail addresses,\n\nc. names of designated representatives and facility\n\nmanagers and their Social Security numbers and dates\n\nof birth,\n\nd. evidence of a criminal background check and\n\nfingerprinting of the applicant, if a person, and all\n\nof the applicant's designated representatives and\n\nfacility managers,\ntelephone numbers, and\n\nemail addresses,\n\nc. names of designated representatives and facility\n\nmanagers and their Social Security numbers and dates\n\nof birth,\n\nd. evidence of a criminal background check and\n\nfingerprinting of the applicant, if a person, and all\n\nof the applicant's designated representatives and\n\nfacility managers,\n\ne. a copy of the license from the applicant's home state,\n\nand if applicable, from the federal government,\n\nf. bond requirements, and\n\ng. any other information deemed by the Board to be\n\nnecessary to protect the public health and safety.\n\n2. The Board shall be authorized to use an outside agency, such\n\nas the National Association of Boards of Pharmacy (NABP) or the\n\nVerified-Accredited Wholesale Distributors (VAWD), to accredit\n\nwholesale distributors and repackagers.\n\nE. The Oklahoma Pharmacy Act shall not be construed to prevent\n\nthe sale of nonprescription drugs in original manufacturer packages\n\nby any merchant or dealer.\n\nF. The Oklahoma Pharmacy Act shall not be construed to apply to\n\na facility engaged in the distribution or dispensing to patients of\n\ndialysate or peritoneal dialysis devices necessary to perform home\n\nperitoneal dialysis, provided the following criteria are met:\n\n1. The dialysate is comprised of dextrose or icodextrin;\n\n2. The dialysate or peritoneal dialysis devices are approved or\n\ncleared by the United States Food and Drug Administration;\n\n3. The dialysate or peritoneal dialysis devices are lawfully\n\nheld by a manufacturer, or the manufacturer's agent, who is properly\n\nlicensed by the Board as a manufacturer, wholesaler or distributor;\n\n4. The dialysate or peritoneal dialysis devices are held and\n\ndelivered in their original, sealed packaging from the manufacturing\n\nfacility;\n\n5. The dialysate or peritoneal dialysis devices are delivered\n\nonly upon receipt of a physician's prescription by a licensed\n\npharmacy, and the transmittal of an order from the licensed pharmacy\n\nto the manufacturer or the manufacturer's agent; and\n\n6. The manufacturer or agent of the manufacturer delivers the\n\ndialysate or peritoneal dialysis devices directly to:\n\na. a patient with ESRD or the patient's designee for the\n\npatient's self-administration of the dialysis therapy,\n\nor\n\nb. a health care provider or institution for\n\nadministration or delivery of the dialysis therapy to\n\nthe patient with ESRD.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6ca81b1dd4eb8aa63f5a769b2c8fb51f9a51ad7d5b6c5e128106a0eafbb6d277","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-353.17a","next":"us-ok/okla.-stat.-tit.-59-59-353.18a"},"notice":"GroundRules: Original legal text. Not legal advice."}