Current through Vol. 41, No. 13, March 15, 2024
(a) Oklahoma licensed Nursing homes, and
approved Oklahoma licensed Assisted Living Centers (ALC) may donate eligible
unused prescription drugs.
(1) Oklahoma
Nursing Homes are eligible to participate if they are licensed and in good
standing with the Oklahoma State Department of Health (OSDH) and are meeting
OSDH drug handling standards:
(A) The OSDH
will be consulted regarding rules for Nursing Homes' participation in this
program;
(B) The OSDH sets
requirements under which nursing homes shall maintain prescription drugs. Such
rules establish security, sanitation and control;
(C) Licensed healthcare personnel shall have
kept control of such unused prescription drugs in sanitary and secure
conditions as required under OSDH rules for Nursing Homes; and
(D) Such unused prescription drugs kept to
these standards shall be eligible for donation.
(2) Approved licensed ALC eligibility
requirements for participating in donation of unused prescription drugs under
the provisions of this Subchapter:
(A) An
application for participation shall be completed by the consultant pharmacist
of the ALC and submitted to the Board.
(B) Only those ALC's that maintain
prescription drugs under the control of licensed healthcare professionals in
sanitary and secure conditions in a manner similar to the OSDH rules for
nursing home drug control may be approved.
(C) Such application must show adequate
controls exist in ordering, storage, security, etc.
(D) Application must be reviewed and approved
by OSBP with the advice of the Oklahoma State Health Department.
(b) A licensed
prescription drug manufacturer may donate samples or eligible prescription
drugs to eligible pharmacies in this program.
(1) Manufacturer's patient assistance program
(PAP) prescriptions that are not claimed in a reasonable length of time or
abandoned by the patient may be used for another medically indigent
patient.
(2) A patient specific
stock bottle sent by a drug manufacturer and not claimed in a reasonable length
of time or abandoned by the patient may be used for another medically indigent
patient.
(c) A
prescription is the property of the patient for whom it is prescribed
regardless of who paid for the prescription as described in 59 O.S. Section 354
. The patient or agent of the patient must authorize the donation of the unused
prescription drugs, unless the:
(1) Patient
has died; or,
(2) Drug has been
discontinued as described in OSDH nursing home rules.
(d) Prescription medications donated under
this Subchapter shall only be transferred to eligible pharmacies.
(e) Prescription medications donated under
this Subchapter shall not be sold, resold, offered for sale nor traded, except
the transfer as allowed in
535:12-1-9(d)
between eligible pharmacies.
(f)
Violations of the unused prescription drug program are described in
535:12-1-12.
Added at 22 Ok Reg 345,
eff 1-1-05 (emergency); Added at 22 Ok Reg 2168, eff
7-1-05
