{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-353.1v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-353.1v2","heading":"Definitions","body":"For the purposes of the Oklahoma Pharmacy Act:\n\n1. “Accredited program” means those seminars, classes,\n\nmeetings, work projects, and other educational courses approved by\n\nthe State Board of Pharmacy for purposes of continuing professional\n\neducation;\n\n2. “Act” means the Oklahoma Pharmacy Act;\n\n3. “Administer” means the direct application of a drug, whether\n\nby injection, inhalation, ingestion, or any other means, to the body\n\nof a patient;\n\n4. “Assistant pharmacist” means any person presently licensed\n\nas an assistant pharmacist in this state by the Board pursuant to\n\nSection 353.10 of this title and for the purposes of the Oklahoma\n\nPharmacy Act shall be considered the same as a pharmacist, except\n\nwhere otherwise specified;\n\n5. “Board” or “State Board” means the State Board of Pharmacy;\n\n6. “Certify” or “certification of a prescription” means the\n\nreview of a filled prescription by a licensed pharmacist or a\n\nlicensed practitioner with dispensing authority to confirm that the\n\nmedication, labeling, and packaging of the filled prescription are\n\naccurate and meet all requirements prescribed by state and federal\n\nlaw. For the purposes of this paragraph, “licensed practitioner”\n\nshall not include optometrists with dispensing authority;\n\n7. “Chemical” means any medicinal substance, whether simple or\n\ncompound or obtained through the process of the science and art of\n\nchemistry, whether of organic or inorganic origin;\n\n8. “Compounding” means the combining, admixing, mixing,\n\ndiluting, pooling, reconstituting, or otherwise altering of a drug\n\nor bulk drug substance to create a drug. Compounding includes the\n\npreparation of drugs or devices in anticipation of prescription drug\n\norders based on routine, regularly observed prescribing patterns;\n\n9. “Continuing professional education” means professional,\n\npharmaceutical education in the general areas of the socioeconomic\n\nand legal aspects of health care; the properties and actions of\n\ndrugs and dosage forms; and the etiology, characteristics, and\n\ntherapeutics of the diseased state;\n\n10. “Dangerous drug”, “legend drug”, “prescription drug”, or\n\n“Rx Only” means a drug:\n\na. for human use subject to 21 U.S.C., Section 353(b)(1),\n\nor\n\nb. is labeled “Prescription Only”, or labeled with the\n\nfollowing statement: “Caution: Federal law restricts\n\nthis drug to use by or on the order of a licensed\n\nveterinarian.”;\n\n11. “Director” means the Executive Director of the State Board\n\nof Pharmacy unless context clearly indicates otherwise;\n\n12. “Dispense” or “dispensing” means the interpretation,\n\nevaluation, and implementation of a prescription drug order\n\nincluding the preparation and delivery of a drug or device to a\n\npatient or a patient’s agent in a suitable container appropriately\n\nlabeled for subsequent administration to, or use by, a patient.\n\nDispense includes sell, distribute, leave with, give away, dispose\n\nof, deliver, or supply;\n\n13. “Dispenser” means a retail pharmacy, hospital pharmacy, a\n\ngroup of chain pharmacies under common ownership and control that do\n\nnot act as a wholesale distributor, or any other person authorized\n\nby law to dispense or administer prescription drugs, and the\n\naffiliated warehouses or distributions of such entities under common\n\nownership and control that do not act as a wholesale distributor.\n\nFor the purposes of this paragraph, dispenser does not mean a person\n\nwho dispenses only products to be used in animals in accordance with\n\n21 U.S.C., Section 360b(a)(5);\n\n14. “Distribute” or “distribution” means the sale, purchase,\n\ntrade, delivery, handling, storage, or receipt of a product, and\n\ndoes not include the dispensing of a product pursuant to a\n\nprescription executed in accordance with 21 U.S.C., Section\n\n353(b)(1) or the dispensing of a product approved under 21 U.S.C.,\ny products to be used in animals in accordance with\n\n21 U.S.C., Section 360b(a)(5);\n\n14. “Distribute” or “distribution” means the sale, purchase,\n\ntrade, delivery, handling, storage, or receipt of a product, and\n\ndoes not include the dispensing of a product pursuant to a\n\nprescription executed in accordance with 21 U.S.C., Section\n\n353(b)(1) or the dispensing of a product approved under 21 U.S.C.,\n\nSection 360b(b); provided, taking actual physical possession of a\n\nproduct or title shall not be required;\n\n15. “Doctor of Pharmacy” means a person licensed by the Board\n\nto engage in the practice of pharmacy. The terms “pharmacist”,\n\n“D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and shall\n\nhave the same meaning wherever they appear in the Oklahoma Statutes\n\nand the rules promulgated by the Board;\n\n16. “Drug outlet” means all manufacturers, repackagers,\n\noutsourcing facilities, wholesale distributors, third-party\n\nlogistics providers, pharmacies, and all other facilities which are\n\nengaged in dispensing, delivery, distribution, or storage of\n\ndangerous drugs;\n\n17. “Drugs” means all medicinal substances and preparations\n\nrecognized by the United States Pharmacopeia and National Formulary,\n\nor any revision thereof, and all substances and preparations\n\nintended for external and/or internal use in the cure, diagnosis,\n\nmitigation, treatment, or prevention of disease in humans or animals\n\nand all substances and preparations, other than food, intended to\n\naffect the structure or any function of the body of a human or\n\nanimals;\n\n18. “Drug sample” means a unit of a prescription drug packaged\n\nunder the authority and responsibility of the manufacturer that is\n\nnot intended to be sold and is intended to promote the sale of the\n\ndrug;\n\n19. “Durable medical equipment” has the same meaning as\n\nprovided by Section 375.2 of this title;\n\n20. “Filled prescription” means a packaged prescription\n\nmedication to which a label has been affixed which contains such\n\ninformation as is required by the Oklahoma Pharmacy Act;\n\n21. “Hospital” means any institution licensed as a hospital by\n\nthis state for the care and treatment of patients, or a pharmacy\n\noperated by the Oklahoma Department of Veterans Affairs;\n\n22. “Licensed practitioner” means:\n\na. an allopathic physician,\n\nb. an osteopathic physician,\n\nc. a podiatric physician,\n\nd. a dentist,\n\ne. a veterinarian,\n\nf. an optometrist, or\n\ng. an Advanced Practice Registered Nurse,\n\nlicensed to practice and authorized to prescribe dangerous drugs\n\nwithin the scope of practice of such practitioner;\n\n23. “Manufacturer” or “virtual manufacturer” means with respect\n\nto a product:\n\na. a person that holds an application approved under 21\n\nU.S.C., Section 355 or a license issued under 42\n\nU.S.C., Section 262 for such product, or if such\n\nproduct is not the subject of an approved application\n\nor license, the person who manufactured the product,\n\nb. a co-licensed partner of the person described in\n\nsubparagraph a of this paragraph that obtains the\n\nproduct directly from a person described in this\n\nsubparagraph or subparagraph a of this paragraph,\n\nc. an affiliate of a person described in subparagraph a\n\nor b of this paragraph who receives the product\n\ndirectly from a person described in this subparagraph\n\nor in subparagraph a or b of this paragraph, or\n\nd. a person who contracts with another to manufacture a\n\nproduct;\n\n24. “Manufacturing” means the production, preparation,\n\npropagation, compounding, conversion, or processing of a device or a\n\ndrug, either directly or indirectly by extraction from substances of\n\nnatural origin or independently by means of chemical or biological\n\nsynthesis and includes any packaging or repackaging of the\n\nsubstances or labeling or relabeling of its container, and the\n\npromotion and marketing of such drugs or devices. The term\n\nmanufacturing also includes the preparation and promotion of\nof a device or a\n\ndrug, either directly or indirectly by extraction from substances of\n\nnatural origin or independently by means of chemical or biological\n\nsynthesis and includes any packaging or repackaging of the\n\nsubstances or labeling or relabeling of its container, and the\n\npromotion and marketing of such drugs or devices. The term\n\nmanufacturing also includes the preparation and promotion of\n\ncommercially available products from bulk compounds for resale by\n\nlicensed pharmacies, licensed practitioners, or other persons;\n\n25. “Medical gas” means those gases including those in liquid\n\nstate upon which the manufacturer or distributor has placed one of\n\nseveral cautions, such as “Rx Only”, in compliance with federal law;\n\n26. “Medical gas order” means an order for medical gas issued\n\nby a licensed prescriber;\n\n27. “Medical gas distributor” means a person licensed to\n\ndistribute, transfer, wholesale, deliver, or sell medical gases on\n\ndrug orders to suppliers or other entities licensed to use,\n\nadminister, or distribute medical gas and may also include a patient\n\nor ultimate user;\n\n28. “Medical gas supplier” means a person who dispenses medical\n\ngases on drug orders only to a patient or ultimate user;\n\n29. “Medicine” means any drug or combination of drugs which has\n\nthe property of curing, preventing, treating, diagnosing, or\n\nmitigating diseases, or which is used for that purpose;\n\n30. “Nonprescription drugs” means medicines or drugs which are\n\nsold without a prescription and which are prepackaged for use by the\n\nconsumer and labeled in accordance with the requirements of the\n\nstatutes and regulations of this state and the federal government.\n\nSuch items shall also include medical and dental supplies and\n\nbottled or nonbulk chemicals which are sold or offered for sale to\n\nthe general public if such articles or preparations meet the\n\nrequirements of the Federal Food, Drug, and Cosmetic Act, 21\n\nU.S.C.A., Section 321 et seq.;\n\n31. “Outsourcing facility” including “virtual outsourcing\n\nfacility” means a facility at one geographic location or address\n\nthat:\n\na. is engaged in the compounding of sterile drugs,\n\nb. has elected to register as an outsourcing facility,\n\nand\n\nc. complies with all requirements of 21 U.S.C., Section\n\n353b;\n\n32. “Package” means the smallest individual saleable unit of\n\nproduct for distribution by a manufacturer or repackager that is\n\nintended by the manufacturer for ultimate sale to the dispenser of\n\nsuch product. For the purposes of this paragraph, “individual\n\nsaleable unit” means the smallest container of a product introduced\n\ninto commerce by the manufacturer or repackager that is intended by\n\nthe manufacturer or repackager for individual sale to a dispenser;\n\n33. “Person” means an individual, partnership, limited\n\nliability company, corporation, or association, unless the context\n\notherwise requires;\n\n34. “Pharmacist-in-charge” or “PIC” means the pharmacist\n\nlicensed in this state responsible for the management control of a\n\npharmacy and all other aspects of the practice of pharmacy in a\n\nlicensed pharmacy as provided by Section 353.18 of this title;\n\n35. “Pharmacy” means a place regularly licensed by the State\n\nBoard of Pharmacy in which prescriptions, drugs, medicines,\n\nchemicals, and poisons are compounded or dispensed or such place\n\nwhere pharmacists practice the profession of pharmacy, or a pharmacy\n\noperated by the Oklahoma Department of Veterans Affairs;\n\n36. “Pharmacy technician”, “technician”, “Rx tech”, or “tech”\n\nmeans a person issued a technician permit by the State Board of\n\nPharmacy to assist the pharmacist and perform nonjudgmental,\n\ntechnical, manipulative, non-discretionary functions in the\n\nprescription department under the immediate and direct supervision\n\nof a pharmacist;\n\n37. “Poison” means any substance which when introduced into the\na person issued a technician permit by the State Board of\n\nPharmacy to assist the pharmacist and perform nonjudgmental,\n\ntechnical, manipulative, non-discretionary functions in the\n\nprescription department under the immediate and direct supervision\n\nof a pharmacist;\n\n37. “Poison” means any substance which when introduced into the\n\nbody, either directly or by absorption, produces violent, morbid, or\n\nfatal changes, or which destroys living tissue with which such\n\nsubstance comes into contact;\n\n38. “Practice of pharmacy” means:\n\na. the interpretation and evaluation of prescription\n\norders,\n\nb. the compounding, dispensing, administering, and\n\nlabeling of drugs and devices, except labeling by a\n\nmanufacturer, repackager, or distributor of\n\nnonprescription drugs and commercially packaged legend\n\ndrugs and devices,\n\nc. the participation in drug selection and drug\n\nutilization reviews,\n\nd. the proper and safe storage of drugs and devices and\n\nthe maintenance of proper records thereof,\n\ne. the responsibility for advising by counseling and\n\nproviding information, where professionally necessary\n\nor where regulated, of therapeutic values, content,\n\nhazards, and use of drugs and devices,\n\nf. the offering or performing of those acts, services,\n\noperations, or transactions necessary in the conduct,\n\noperation, management, and control of a pharmacy, or\n\ng. the provision of those acts or services that are\n\nnecessary to provide pharmaceutical care;\n\n39. “Preparation” means an article which may or may not contain\n\nsterile products compounded in a licensed pharmacy pursuant to the\n\norder of a licensed prescriber;\n\n40. “Prescriber” means a person licensed in this state who is\n\nauthorized to prescribe dangerous drugs within the scope of practice\n\nof the person’s profession;\n\n41. “Prescription” means and includes any order for drug or\n\nmedical supplies written or signed, or transmitted by word of mouth,\n\ntelephone, or other means of communication:\n\na. by a licensed prescriber,\n\nb. by a physician assistant pursuant to a practice\n\nagreement,\n\nc. (1) under the supervision of a supervising physician,\n\nby a Certified Nurse Practitioner, Clinical Nurse\n\nSpecialist, or Certified Nurse-Midwife licensed\n\nin this state who has not obtained independent\n\nprescriptive authority under Section 1 of this\n\nact, or\n\n(2) by a Certified Nurse Practitioner, Clinical Nurse\n\nSpecialist, or Certified Nurse-Midwife licensed\n\nin this state who has obtained independent\n\nprescriptive authority under Section 1 of this\n\nact, or\n\nd. by an Oklahoma licensed wholesaler or distributor as\n\nauthorized in Section 353.29.1 of this title;\n\n42. “Product” means a prescription drug in a finished dosage\n\nform for administration to a patient without substantial further\n\nmanufacturing, such as capsules, tablets, and lyophilized products\n\nbefore reconstitution. Product does not include blood components\n\nintended for transfusion, radioactive drugs or biologics and medical\n\ngas;\n\n43. “Repackager”, including “virtual repackager”, means a\n\nperson who owns or operates an establishment that repacks and\n\nrelabels a product or package for further sale or distribution\n\nwithout further transaction;\n\n44. “Sterile drug” means a drug that is intended for parenteral\n\nadministration, an ophthalmic or oral inhalation drug in aqueous\n\nformat, or a drug that is required to be sterile under state and\n\nfederal law;\n\n45. “Supervising physician” means an individual holding a\n\ncurrent license to practice as a physician from the State Board of\n\nMedical Licensure and Supervision, pursuant to the provisions of the\n\nOklahoma Allopathic Medical and Surgical Licensure and Supervision\n\nAct, or the State Board of Osteopathic Examiners, pursuant to the\n\nprovisions of the Oklahoma Osteopathic Medicine Act, who supervises\n\na Certified Nurse Practitioner, Clinical Nurse Specialist, or\nrent license to practice as a physician from the State Board of\n\nMedical Licensure and Supervision, pursuant to the provisions of the\n\nOklahoma Allopathic Medical and Surgical Licensure and Supervision\n\nAct, or the State Board of Osteopathic Examiners, pursuant to the\n\nprovisions of the Oklahoma Osteopathic Medicine Act, who supervises\n\na Certified Nurse Practitioner, Clinical Nurse Specialist, or\n\nCertified Nurse-Midwife as defined in Section 567.3a of this title\n\nwho has not obtained independent prescriptive authority under\n\nSection 1 of this act, and who is not in training as an intern,\n\nresident, or fellow. The supervising physician shall remain in\n\ncompliance with the rules promulgated by the State Board of Medical\n\nLicensure and Supervision or the State Board of Osteopathic\n\nExaminers;\n\n46. “Supportive personnel” means technicians and auxiliary\n\nsupportive persons who are regularly paid employees of a pharmacy\n\nwho work and perform tasks in the pharmacy as authorized by Section\n\n353.18A of this title;\n\n47. “Third-party logistics provider” including “virtual third-\n\nparty logistics provider” means an entity that provides or\n\ncoordinates warehousing, or other logistics services of a product in\n\ninterstate commerce on behalf of a manufacturer, wholesale\n\ndistributor, or dispenser of a product but does not take ownership\n\nof the product, nor have responsibility to direct the sale or\n\ndisposition of the product. For the purposes of this paragraph,\n\nthird-party logistics provider does not include shippers and the\n\nUnited States Postal Service;\n\n48. “Wholesale distributor” including “virtual wholesale\n\ndistributor” means a person other than a manufacturer, a\n\nmanufacturer’s co-licensed partner, a third-party logistics\n\nprovider, or repackager engaged in wholesale distribution as defined\n\nby 21 U.S.C., Section 353(e)(4) as amended by the Drug Supply Chain\n\nSecurity Act;\n\n49. “County jail” means a facility operated by a county for the\n\nphysical detention and correction of persons charged with, or\n\nconvicted of, criminal offenses or ordinance violations or persons\n\nfound guilty of civil or criminal contempt;\n\n50. “State correctional facility” means a facility or\n\ninstitution that houses a prisoner population under the jurisdiction\n\nof the Department of Corrections;\n\n51. “Unit dose package” means a package that contains a single\n\ndose drug with the name, strength, control number, and expiration\n\ndate of that drug on the label; and\n\n52. “Unit of issue package” means a package that provides\n\nmultiple doses of the same drug, but each drug is individually\n\nseparated and includes the name, lot number, and expiration date.","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":"f4f6df6c28bac0fdc5c23993686caa22490cca1d119fe589a97950b2cabf81b8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-353.1v1","next":"us-ok/okla.-stat.-tit.-59-59-353.20"},"notice":"GroundRules: Original legal text. Not legal advice."}