{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-353.20.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-353.20.2","heading":"Varying amounts of prescription refills - Pharmacist","body":"discretion – Permissible dispensing without a prescription.\n\nA. Except as provided in subsection C of this section, unless\n\nthe prescriber has specified on the prescription that dispensing a\n\nprescription for a maintenance medication in an initial amount\n\nfollowed by periodic refills is medically necessary, a pharmacist\n\nmay exercise his or her professional judgment to dispense varying\n\nquantities of medication per fill-up to the total number of dosage\n\nunits as authorized by the prescriber on the original prescription\n\nincluding any refills.\n\nB. Subsection A of this section shall not apply to scheduled\n\nmedications or any medications for which a report is required under\n\nthe controlled substance database. Dispensing of medication based\n\non refills authorized by the physician on the prescription shall be\n\nlimited to no more than a ninety-day supply of the medication.\n\nC. 1. A pharmacist may dispense without a prescription one or\n\nmore devices or medications as medically necessary to prevent the\n\ndeath of or serious harm to the health of a patient if the following\n\nconditions are met:\n\na. the pharmacy which the pharmacist owns or at which the\n\npharmacist is employed has a current record of a\n\nprescription for the medication or device prescribed\n\nin the name of the patient who is requesting it, but\n\nthe prescription has expired and a refill requires\n\nauthorization from the licensed practitioner who\n\nissued the prescription and neither the patient nor\n\nthe pharmacist was able to obtain the refill after\n\nreasonable attempts were made to obtain such refill\n\nand the pharmacist documents such attempts on a form\n\nprescribed by the State Board of Pharmacy,\n\nb. the failure of the pharmacist to dispense the\n\nmedication or device reasonably could result in the\n\ndeath of or serious harm to the health of the patient,\n\nc. the device or medication is listed on the formulary\n\ndescribed in paragraph 4 of this subsection,\n\nd. the patient has been on a consistent medication\n\ntherapy as demonstrated by records maintained by the\n\npharmacy, and\n\ne. the amount of the medication or device dispensed is\n\nfor a reasonable amount of time; provided, if the\n\npatient or pharmacist is unable to obtain a refill\n\nprescription from the patient's licensed practitioner\n\nbefore the amount prescribed to prevent death or\n\nserious harm to the health of the patient is depleted,\n\nthe pharmacist may dispense an additional amount of\n\nthe medication or device not more than once in an\n\namount consistent with past prescriptions of the\n\npatient.\n\n2. The standard of care required of a pharmacist licensed in\n\nthis state who is acting in accordance with the provisions of this\n\nsubsection shall be the level and type of care, skill and diligence\n\nthat a reasonably competent and skilled pharmacist with a similar\n\nbackground and in the same or similar locality would have provided\n\nunder the circumstance.\n\n3. Any pharmacist licensed in this state who in good faith\n\ndispenses one or more medications or devices to a patient pursuant\n\nto the provisions of this subsection shall not be liable for any\n\ncivil damages or subject to criminal prosecution as a result of any\n\nacts or omissions except for committing gross negligence or willful\n\nor wanton acts committed in dispensing or failure to dispense the\n\nmedication or device.\n\n4. The State Board of Pharmacy shall develop and update as\n\nnecessary an inclusionary formulary of potentially life-saving\n\nprescription medications and devices, not to include controlled\n\ndangerous substances, for the purposes of this subsection. Such\n\nmedications and devices shall include but not be limited to:\n\na. insulin and any devices or supplies necessary for the\n\nadministration of insulin,\n\nb. glucometers and any devices or supplies necessary for\n\nthe operation of the glucometer, and\n\nc. rescue inhalers.\n\ned\n\ndangerous substances, for the purposes of this subsection. Such\n\nmedications and devices shall include but not be limited to:\n\na. insulin and any devices or supplies necessary for the\n\nadministration of insulin,\n\nb. glucometers and any devices or supplies necessary for\n\nthe operation of the glucometer, and\n\nc. rescue inhalers.\n\n5. Dispensing in accordance with this subsection shall be\n\ndeemed dispensing under a legal prescription for purposes of the\n\nPharmacy Audit Integrity Act, Section 356 et seq. of this title.\n\nD. Upon receipt of a valid Schedule II opioid prescription\n\nissued pursuant to the provisions of Section 2-309I of Title 63 of\n\nthe Oklahoma Statutes, a pharmacist shall fill the prescription to\n\nthe specified dose, and shall not be permitted to fill a different\n\ndosage than what is prescribed. However, the pharmacist maintains\n\nthe right not to fill the valid opioid prescription.","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":"77706f46a18bbe202ccea7c1aa3bf9572c73227caa29cf2e44a5444f835ed125","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-353.20.1","next":"us-ok/okla.-stat.-tit.-59-59-353.22"},"notice":"GroundRules: Original legal text. Not legal advice."}