{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-353.24","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-353.24","heading":"Unlawful acts","body":"A. It shall be unlawful for any licensee or other person to:\n\n1. Forge or increase the quantity of drug in any prescription,\n\nor to present a prescription bearing forged, fictitious or altered\n\ninformation or to possess any drug secured by such forged,\n\nfictitious or altered prescription;\n\n2. Sell, offer for sale, barter or give away any unused\n\nquantity of drugs obtained by prescription, except through a program\n\npursuant to the Utilization of Unused Prescription Medications Act\n\nor as otherwise provided by the State Board of Pharmacy;\n\n3. Sell, offer for sale, barter or give away any drugs damaged\n\nby fire, water, or other causes without first obtaining the written\n\napproval of the Board or the State Department of Health;\n\n4. No person, firm or business establishment shall offer to the\n\npublic, in any manner, their services as a \"pick-up station\" or\n\nintermediary for the purpose of having prescriptions filled or\n\ndelivered, whether for profit or gratuitously. Nor may the owner of\n\nany pharmacy or drug store authorize any person, firm or business\n\nestablishment to act for them in this manner with these exceptions:\n\na. patient-specific filled prescriptions may be delivered\n\nor shipped to a prescriber's clinic for pick-up by\n\nthose patients whom the prescriber has individually\n\ndetermined and documented do not have a permanent or\n\nsecure mailing address,\n\nb. patient-specific filled prescriptions for drugs which\n\nrequire special handling written by a prescriber may\n\nbe delivered or shipped to the prescriber's clinic for\n\nadministration or pick-up at the prescriber's office,\n\nc. patient-specific filled prescriptions, including\n\nsterile compounded drugs, may be delivered or shipped\n\nto a prescriber's clinic where they shall be\n\nadministered,\n\nd. patient-specific filled prescriptions for patients\n\nwith end-stage renal disease (ESRD) may be delivered\n\nor shipped to a prescriber's clinic for administration\n\nor final delivery to the patient,\n\ne. patient-specific filled prescriptions for\n\nradiopharmaceuticals may be delivered or shipped to a\n\nprescriber's clinic for administration or pick-up, or\n\nf. patient-specific filled prescriptions may be delivered\n\nor shipped by an Indian Health Services (IHS) or\n\nfederally recognized tribal health organization\n\noperating under the IHS in the delivery of the\n\nprescriptions to a pharmacy operated by the IHS or a\n\nfederally recognized tribal health organization for\n\npick-up by an IHS or tribal patient.\n\nHowever, nothing in this paragraph shall prevent a pharmacist or\n\nan employee of the pharmacy from personally receiving a prescription\n\nor delivering a legally filled prescription to a residence, office\n\nor place of employment of the patient for whom the prescription was\n\nwritten. Provided further, the provisions of this paragraph shall\n\nnot apply to any Department of Mental Health and Substance Abuse\n\nServices employee or any person whose facility contracts with the\n\nDepartment of Mental Health and Substance Abuse Services whose\n\npossession of any dangerous drug, as defined in Section 353.1 of\n\nthis title, is for the purpose of delivery of a mental health\n\nconsumer's medicine to the consumer's home or residence. Nothing in\n\nthis paragraph shall prevent veterinary prescription drugs from\n\nbeing shipped directly from an Oklahoma licensed wholesaler or\n\ndistributor registered with the Oklahoma Board of Veterinary Medical\n\nExaminers to a client; provided, such drugs may be dispensed only on\n\nprescription of a licensed veterinarian and only when an existing\n\nveterinary-client-patient relationship exists. Nothing in this\n\nparagraph shall prevent dialysate and peritoneal dialysis devices\n\nfrom being shipped directly from an Oklahoma licensed manufacturer,\n\nwholesaler or distributor to an ESRD patient or patient's designee,\niners to a client; provided, such drugs may be dispensed only on\n\nprescription of a licensed veterinarian and only when an existing\n\nveterinary-client-patient relationship exists. Nothing in this\n\nparagraph shall prevent dialysate and peritoneal dialysis devices\n\nfrom being shipped directly from an Oklahoma licensed manufacturer,\n\nwholesaler or distributor to an ESRD patient or patient's designee,\n\nconsistent with subsection F of Section 353.18 of this title;\n\n5. Sell, offer for sale or barter or buy any professional\n\nsamples except through a program pursuant to the Utilization of\n\nUnused Prescription Medications Act;\n\n6. Refuse to permit or otherwise prevent members of the Board\n\nor such representatives thereof from entering and inspecting any and\n\nall places, including premises, vehicles, equipment, contents, and\n\nrecords, where drugs, medicine, chemicals or poisons are stored,\n\nsold, vended, given away, compounded, dispensed, repackaged,\n\ntransported, or manufactured;\n\n7. Interfere, refuse to participate in, impede or otherwise\n\nobstruct any inspection, investigation or disciplinary proceeding\n\nauthorized by the Oklahoma Pharmacy Act;\n\n8. Possess dangerous drugs without a valid prescription or a\n\nvalid license to possess such drugs; provided, however, this\n\nprovision shall not apply to any Department of Mental Health and\n\nSubstance Abuse Services employee or any person whose facility\n\ncontracts with the Department of Mental Health and Substance Abuse\n\nServices whose possession of any dangerous drug, as defined in\n\nSection 353.1 of this title, is for the purpose of delivery of a\n\nmental health consumer's medicine to the consumer's home or\n\nresidence;\n\n9. Fail to establish and maintain effective controls against\n\nthe diversion of drugs for any other purpose than legitimate\n\nmedical, scientific or industrial uses as provided by state, federal\n\nand local law;\n\n10. Fail to have a written drug diversion detection and\n\nprevention policy;\n\n11. Possess, sell, offer for sale, barter or give away any\n\nquantity of dangerous drugs not listed as a scheduled drug pursuant\n\nto Sections 2-201 through 2-212 of Title 63 of the Oklahoma Statutes\n\nwhen obtained by prescription bearing forged, fictitious or altered\n\ninformation.\n\na. A first violation of this section shall constitute a\n\nmisdemeanor and upon conviction shall be punishable by\n\nimprisonment in the county jail for a term not more\n\nthan one (1) year and a fine in an amount not more\n\nthan One Thousand Dollars ($1,000.00).\n\nb. A second violation of this section shall constitute a\n\nClass D1 felony offense and upon conviction shall be\n\npunishable by imprisonment as provided for in\n\nsubsections B through F of Section 20N of Title 21 of\n\nthe Oklahoma Statutes, and a fine in an amount not\n\nmore than Two Thousand Dollars ($2,000.00);\n\n12. Violate a Board order or agreed order;\n\n13. Compromise the security of licensure examination materials;\n\nor\n\n14. Fail to notify the Board, in writing, within ten (10) days\n\nof a licensee or permit holder's address change.\n\nB. 1. It shall be unlawful for any person other than a\n\nlicensed pharmacist or physician to certify a prescription before\n\ndelivery to the patient or the patient's representative or\n\ncaregiver. Dialysate and peritoneal dialysis devices supplied\n\npursuant to the provisions of subsection F of Section 353.18 of this\n\ntitle shall not be required to be certified by a pharmacist prior to\n\nbeing supplied by a manufacturer, wholesaler or distributor.\n\n2. It shall be unlawful for any person to institute or manage a\n\npharmacy unless such person is a licensed pharmacist or has placed a\n\nlicensed pharmacist in charge of such pharmacy.\n\n3. No licensed pharmacist shall manage, supervise or be in\n\ncharge of more than one pharmacy.\n\n4. No pharmacist being requested to sell, furnish or compound\n\nany drug, medicine, chemical or other pharmaceutical preparation, by\nl be unlawful for any person to institute or manage a\n\npharmacy unless such person is a licensed pharmacist or has placed a\n\nlicensed pharmacist in charge of such pharmacy.\n\n3. No licensed pharmacist shall manage, supervise or be in\n\ncharge of more than one pharmacy.\n\n4. No pharmacist being requested to sell, furnish or compound\n\nany drug, medicine, chemical or other pharmaceutical preparation, by\n\nprescription or otherwise, shall substitute or cause to be\n\nsubstituted for it, without authority of the prescriber or\n\npurchaser, any like drug, medicine, chemical or pharmaceutical\n\npreparation.\n\n5. No pharmacy, pharmacist-in-charge or other person shall\n\npermit the practice of pharmacy except by a licensed pharmacist or\n\nassistant pharmacist.\n\n6. No person shall subvert the authority of the pharmacist-in-\n\ncharge of the pharmacy by impeding the management of the\n\nprescription department to act in compliance with federal and state\n\nlaw.\n\nC. 1. It shall be unlawful for a pharmacy to resell dangerous\n\ndrugs to any wholesale distributor.\n\n2. It shall be unlawful for a wholesale distributor to purchase\n\ndrugs from a pharmacy.","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":"d1f971db6ff14dd3dad7b9fab1a1b9f72569924d681e0269a5c1c0306038cfb5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-353.22","next":"us-ok/okla.-stat.-tit.-59-59-353.25"},"notice":"GroundRules: Original legal text. Not legal advice."}
