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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 741 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to the practice of pharmacy; allowing
7 pharmacist to test or screen for and initiate drug
8 therapy for minor, nonchronic health conditions;
8 specifying allowed tests; prohibiting certain test,
9 screening, and treatment; amending 59 O.S. 2021,
9 Section 353.1, as amended by Section 6, Chapter 288,
10 O.S.L. 2022 (59 O.S. Supp. 2024, Section 353.1),
10 which relates to definitions used in the Oklahoma
11 Pharmacy Act; modifying and adding definitions;
11 updating statutory language and references; providing
12 for codification; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 353.31 of Title 59, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. In accordance with a standing order issued by a licensed
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20 allopathic or osteopathic physician or by the medical director of a
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21 county or local health department, a pharmacist may test or screen
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22 for and initiate drug therapy for minor, nonchronic health
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23 conditions as defined in Section 353.1 of Title 59 of the Oklahoma
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24 Statutes.
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1 B. To test for minor, nonchronic health conditions under this
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2 section, the pharmacist may use any test that may guide clinical
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3 decision-making and that is:
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4 1. Approved by, cleared by, or authorized under an emergency
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5 use authorization by the United States Food and Drug Administration;
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6 and
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7 2. Waived under the federal Clinical Laboratory Improvement
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8 Amendments of 1988 (CLIA) or deemed to be CLIA-waived for use in
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9 patient care settings operating under a CLIA certificate.
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10 C. A pharmacist shall not test or screen for streptococcus or
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11 initiate drug therapy for streptococcus to individuals under six (6)
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12 years of age.
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13 SECTION 2. AMENDATORY 59 O.S. 2021, Section 353.1, as
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14 amended by Section 6, Chapter 288, O.S.L. 2022 (59 O.S. Supp. 2024,
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15 Section 353.1), is amended to read as follows:
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16 Section 353.1. For the purposes of the Oklahoma Pharmacy Act:
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17 1. "Accredited program" means those seminars, classes,
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18 meetings, work projects, and other educational courses approved by
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19 the Board State Board of Pharmacy for purposes of continuing
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20 professional education;
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21 2. "Act" means the Oklahoma Pharmacy Act;
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22 3. "Administer" means the direct application of a drug, whether
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23 by injection, inhalation, ingestion, or any other means, to the body
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24 of a patient;
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1 4. "Assistant pharmacist" means any person presently licensed
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2 as an assistant pharmacist in the State of Oklahoma this state by
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3 the Board pursuant to Section 353.10 of this title and for the
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4 purposes of the Oklahoma Pharmacy Act shall be considered the same
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5 as a pharmacist, except where otherwise specified;
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6 5. "Board" or "State Board" means the State Board of Pharmacy;
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7 6. "Certify" or "certification of a prescription" means the
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8 review of a filled prescription by a licensed pharmacist or a
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9 licensed practitioner with dispensing authority to confirm that the
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10 medication, labeling, and packaging of the filled prescription are
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11 accurate and meet all requirements prescribed by state and federal
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12 law. For the purposes of this paragraph, "licensed practitioner"
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13 shall not include optometrists with dispensing authority;
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14 7. "Chemical" means any medicinal substance, whether simple or
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15 compound or obtained through the process of the science and art of
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16 chemistry, whether of organic or inorganic origin;
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17 8. "Compounding" means the combining, admixing, mixing,
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18 diluting, pooling, reconstituting, or otherwise altering of a drug
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19 or bulk drug substance to create a drug. Compounding includes the
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20 preparation of drugs or devices in anticipation of prescription drug
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21 orders based on routine, regularly observed prescribing patterns;
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22 9. "Continuing professional education" means professional,
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23 pharmaceutical education in the general areas of the socioeconomic
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24 and legal aspects of health care; the properties and actions of
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1 drugs and dosage forms; and the etiology, characteristics, and
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2 therapeutics of the diseased state;
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3 10. "Dangerous drug", "legend drug", "prescription drug", or
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4 "Rx Only" means a drug:
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5 a. for human use subject to 21 U.S.C. 353(b)(1), or
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6 b. is labeled "Prescription Only", or labeled with the
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7 following statement: "Caution: Federal law restricts
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8 this drug except for to use by or on the order of a
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9 licensed veterinarian.";
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10 11. "Director" means the Executive Director of the State Board
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11 of Pharmacy unless context clearly indicates otherwise;
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12 12. "Dispense" or "dispensing" means the interpretation,
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13 evaluation, and implementation of a prescription drug order
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14 including the preparation and delivery of a drug or device to a
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15 patient or a patient's agent in a suitable container appropriately
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16 labeled for subsequent administration to, or use by, a patient.
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17 Dispense includes sell, distribute, leave with, give away, dispose
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18 of, deliver, or supply;
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19 13. "Dispenser" means a retail pharmacy, hospital pharmacy, a
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20 group of chain pharmacies under common ownership and control that do
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21 not act as a wholesale distributor, or any other person authorized
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22 by law to dispense or administer prescription drugs, and the
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23 affiliated warehouses or distributions of such entities under common
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24 ownership and control that do not act as a wholesale distributor.
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1 For the purposes of this paragraph, "dispenser" dispenser does not
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2 mean a person who dispenses only products to be used in animals in
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3 accordance with 21 U.S.C. 360b(a)(5);
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4 14. "Distribute" or "distribution" means the sale, purchase,
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5 trade, delivery, handling, storage, or receipt of a product, and
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6 does not include the dispensing of a product pursuant to a
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7 prescription executed in accordance with 21 U.S.C. 353(b)(1) or the
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8 dispensing of a product approved under 21 U.S.C. 360b(b); provided,
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9 taking actual physical possession of a product or title shall not be
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10 required;
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11 15. "Doctor of Pharmacy" means a person licensed by the Board
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12 to engage in the practice of pharmacy. The terms "pharmacist",
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13 "D.Ph.", and "Doctor of Pharmacy" shall be interchangeable and shall
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14 have the same meaning wherever they appear in the Oklahoma Statutes
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15 and the rules promulgated by the Board;
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16 16. "Drug outlet" means all manufacturers, repackagers,
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17 outsourcing facilities, wholesale distributors, third-party
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18 logistics providers, pharmacies, and all other facilities which are
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19 engaged in dispensing, delivery, distribution, or storage of
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20 dangerous drugs;
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21 17. "Drugs" means all medicinal substances and preparations
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22 recognized by the United States Pharmacopoeia Pharmacopeia and
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23 National Formulary, or any revision thereof, and all substances and
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24 preparations intended for external and/or internal use in the cure,
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1 diagnosis, mitigation, treatment, or prevention of disease in humans
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2 or animals and all substances and preparations, other than food,
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3 intended to affect the structure or any function of the body of a
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4 human or animals;
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5 18. "Drug sample" means a unit of a prescription drug packaged
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6 under the authority and responsibility of the manufacturer that is
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7 not intended to be sold and is intended to promote the sale of the
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8 drug;
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9 19. "Durable medical equipment" has the same meaning as
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10 provided by Section 2 of this act 375.2 of this title;
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11 20. "Filled prescription" means a packaged prescription
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12 medication to which a label has been affixed which contains such
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13 information as is required by the Oklahoma Pharmacy Act;
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14 21. "Hospital" means any institution licensed as a hospital by
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15 this state for the care and treatment of patients, or a pharmacy
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16 operated by the Oklahoma Department of Veterans Affairs;
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17 22. "Licensed practitioner" means an allopathic physician,
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18 osteopathic physician, podiatric physician, dentist, veterinarian,
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19 or optometrist licensed to practice and authorized to prescribe
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20 dangerous drugs within the scope of practice of such practitioner;
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21 23. "Manufacturer" or "virtual manufacturer" means with respect
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22 to a product:
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23 a. a person that holds an application approved under 21
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24 U.S.C. 355 or a license issued under 42 U.S.C. 262 for
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1 such product, or if such product is not the subject of
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2 an approved application or license, the person who
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3 manufactured the product,
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4 b. a co-licensed partner of the person described in
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5 subparagraph a of this paragraph that obtains the
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6 product directly from a person described in this
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7 subparagraph or subparagraph a of this paragraph,
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8 c. an affiliate of a person described in subparagraph a
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9 or b of this paragraph who receives the product
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10 directly from a person described in this subparagraph
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11 or in subparagraph a or b of this paragraph, or
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12 d. a person who contracts with another to manufacture a
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13 product;
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14 24. "Manufacturing" means the production, preparation,
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15 propagation, compounding, conversion, or processing of a device or a
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16 drug, either directly or indirectly by extraction from substances of
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17 natural origin or independently by means of chemical or biological
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18 synthesis and includes any packaging or repackaging of the
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19 substances or labeling or relabeling of its container, and the
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20 promotion and marketing of such drugs or devices. The term
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21 "manufacturing" manufacturing also includes the preparation and
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22 promotion of commercially available products from bulk compounds for
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23 resale by licensed pharmacies, licensed practitioners, or other
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24 persons;
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1 25. "Medical gas" means those gases including those in liquid
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2 state upon which the manufacturer or distributor has placed one of
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3 several cautions, such as "Rx Only", in compliance with federal law;
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4 26. "Medical gas order" means an order for medical gas issued
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5 by a licensed prescriber;
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6 27. "Medical gas distributor" means a person licensed to
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7 distribute, transfer, wholesale, deliver, or sell medical gases on
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8 drug orders to suppliers or other entities licensed to use,
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9 administer, or distribute medical gas and may also include a patient
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10 or ultimate user;
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11 28. "Medical gas supplier" means a person who dispenses medical
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12 gases on drug orders only to a patient or ultimate user;
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13 29. "Medicine" means any drug or combination of drugs which has
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14 the property of curing, preventing, treating, diagnosing, or
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15 mitigating diseases, or which is used for that purpose;
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16 30. "Minor, nonchronic health condition" means a typically
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17 short-term health condition that is generally managed with
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18 noncontrolled drug therapies, minimal treatment, or self-care, and
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19 is limited to the following:
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20 a. influenzas,
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21 b. streptococcus,
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22 c. SARS-CoV-2,
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23 d. lice, and
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1 e. other emerging and existing public health threats
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2 identified by the State Commissioner of Health if
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3 permitted by an order, rule, or regulation;
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4 31. "Nonprescription drugs" means medicines or drugs which are
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5 sold without a prescription and which are prepackaged for use by the
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6 consumer and labeled in accordance with the requirements of the
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7 statutes and regulations of this state and the federal government.
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8 Such items shall also include medical and dental supplies and
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9 bottled or nonbulk chemicals which are sold or offered for sale to
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10 the general public if such articles or preparations meet the
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11 requirements of the Federal Food, Drug, and Cosmetic Act, 21
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12 U.S.C.A., Section 321 et seq.;
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13 31. 32. "Outsourcing facility" including "virtual outsourcing
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14 facility" means a facility at one geographic location or address
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15 that:
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16 a. is engaged in the compounding of sterile drugs,
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17 b. has elected to register as an outsourcing facility,
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18 and
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19 c. complies with all requirements of 21 U.S.C. 353b;
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20 32. 33. "Package" means the smallest individual saleable unit
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21 of product for distribution by a manufacturer or repackager that is
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22 intended by the manufacturer for ultimate sale to the dispenser of
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23 such product. For the purposes of this paragraph, "individual
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24 saleable unit" means the smallest container of a product introduced
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1 into commerce by the manufacturer or repackager that is intended by
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2 the manufacturer or repackager for individual sale to a dispenser;
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3 33. 34. "Person" means an individual, partnership, limited
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4 liability company, corporation, or association, unless the context
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5 otherwise requires;
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6 34. 35. "Pharmacist-in-charge" or "PIC" means the pharmacist
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7 licensed in this state responsible for the management control of a
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8 pharmacy and all other aspects of the practice of pharmacy in a
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9 licensed pharmacy as defined by Section 353.18 of this title;
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10 35. 36. "Pharmacy" means a place regularly licensed by the
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11 State Board of Pharmacy in which prescriptions, drugs, medicines,
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12 chemicals, and poisons are compounded or dispensed or such place
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13 where pharmacists practice the profession of pharmacy, or a pharmacy
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14 operated by the Oklahoma Department of Veterans Affairs;
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15 36. 37. "Pharmacy technician", "technician", "Rx tech", or
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16 "tech" means a person issued a Technician technician permit by the
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17 State Board of Pharmacy to assist the pharmacist and perform
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18 nonjudgmental, technical, manipulative, non-discretionary functions
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19 in the prescription department under the immediate and direct
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20 supervision of a pharmacist;
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21 37. 38. "Poison" means any substance which when introduced into
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22 the body, either directly or by absorption, produces violent,
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23 morbid, or fatal changes, or which destroys living tissue with which
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24 such substance comes into contact;
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1 38. 39. "Practice of pharmacy" means:
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2 a. the interpretation and evaluation of prescription
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3 orders,
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4 b. the compounding, dispensing, administering, and
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5 labeling of drugs and devices, except labeling by a
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6 manufacturer, repackager, or distributor of
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7 nonprescription drugs and commercially packaged legend
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8 drugs and devices,
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9 c. the participation in drug selection and drug
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10 utilization reviews,
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11 d. the proper and safe storage of drugs and devices and
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12 the maintenance of proper records thereof,
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13 e. the responsibility for advising by counseling and
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14 providing information, where professionally necessary
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15 or where regulated, of therapeutic values, content,
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16 hazards, and use of drugs and devices,
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17 f. the offering or performing of those acts, services,
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18 operations, or transactions necessary in the conduct,
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19 operation, management, and control of a pharmacy, or
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20 g. the ordering, performing, and interpreting of tests
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21 for minor, nonchronic health conditions that meet the
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22 requirements of Section 1 of this act and the
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23 initiation of drug therapy for minor, nonchronic
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24 health conditions, or
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1 h. the provision of those acts or services that are
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2 necessary to provide pharmaceutical care;
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3 39. 40. "Preparation" means an article which may or may not
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4 contain sterile products compounded in a licensed pharmacy pursuant
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5 to the order of a licensed prescriber;
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6 40. 41. "Prescriber" means a person licensed in this state who
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7 is authorized to prescribe dangerous drugs within the scope of
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8 practice of the person's profession;
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9 41. 42. "Prescription" means and includes any order for drug or
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10 medical supplies written or signed, or transmitted by word of mouth,
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11 telephone, or other means of communication:
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12 a. by a licensed prescriber,
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13 b. under the supervision of an Oklahoma licensed
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14 practitioner, an Oklahoma licensed advanced practice
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15 registered nurse Advanced Practice Registered Nurse,
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16 or an Oklahoma licensed physician assistant, or
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17 c. by an Oklahoma licensed wholesaler or distributor as
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18 authorized in Section 353.29.1 of this title;
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19 42. 43. "Product" means a prescription drug in a finished
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20 dosage form for administration to a patient without substantial
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21 further manufacturing, such as capsules, tablets, and lyophilized
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22 products before reconstitution. "Product" Product does not include
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23 blood components intended for transfusion, radioactive drugs or
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24 biologics and medical gas;
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1 43. 44. "Repackager", including "virtual repackager", means a
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2 person who owns or operates an establishment that repacks and
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3 relabels a product or package for further sale or distribution
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4 without further transaction;
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5 44. 45. "Sterile drug" means a drug that is intended for
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6 parenteral administration, an ophthalmic or oral inhalation drug in
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7 aqueous format, or a drug that is required to be sterile under state
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8 and federal law;
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9 45. 46. "Supervising physician" means an individual holding a
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10 current license to practice as a physician from the State Board of
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11 Medical Licensure and Supervision, pursuant to the provisions of the
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12 Oklahoma Allopathic Medical and Surgical Licensure and Supervision
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13 Act, or the State Board of Osteopathic Examiners, pursuant to the
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14 provisions of the Oklahoma Osteopathic Medicine Act, who supervises
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15 an advanced practice registered nurse Advanced Practice Registered
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16 Nurse as defined in Section 567.3a of this title, and who is not in
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17 training as an intern, resident, or fellow. To be eligible to
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18 supervise an advanced practice registered nurse Advanced Practice
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19 Registered Nurse, such physician shall remain in compliance with the
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20 rules promulgated by the State Board of Medical Licensure and
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21 Supervision or the State Board of Osteopathic Examiners;
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22 46. 47. "Supportive personnel" means technicians and auxiliary
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23 supportive persons who are regularly paid employees of a pharmacy
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1 who work and perform tasks in the pharmacy as authorized by Section
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2 353.18A of this title;
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3 47. 48. "Third-party logistics provider" including "virtual
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4 third-party logistics provider" means an entity that provides or
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5 coordinates warehousing, or other logistics services of a product in
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6 interstate commerce on behalf of a manufacturer, wholesale
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7 distributor, or dispenser of a product but does not take ownership
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8 of the product, nor have responsibility to direct the sale or
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9 disposition of the product. For the purposes of this paragraph,
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10 "third-party logistics provider" third-party logistics provider does
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11 not include shippers and the United States Postal Service;
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12 48. 49. "Wholesale distributor" including "virtual wholesale
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13 distributor" means a person other than a manufacturer, a
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14 manufacturer's co-licensed partner, a third-party logistics
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15 provider, or repackager engaged in wholesale distribution as defined
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16 by 21 U.S.C. 353(e)(4) as amended by the Drug Supply Chain Security
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17 Act;
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18 49. 50. "County jail" means a facility operated by a county for
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19 the physical detention and correction of persons charged with, or
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20 convicted of, criminal offenses or ordinance violations or persons
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21 found guilty of civil or criminal contempt;
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22 50. 51. "State correctional facility" means a facility or
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23 institution that houses a prisoner population under the jurisdiction
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24 of the Department of Corrections;
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1 51. 52. "Unit dose package" means a package that contains a
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2 single dose drug with the name, strength, control number, and
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3 expiration date of that drug on the label; and
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4 52. 53. "Unit of issue package" means a package that provides
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5 multiple doses of the same drug, but each drug is individually
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6 separated and includes the name, lot number, and expiration date.
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7 SECTION 3. This act shall become effective November 1, 2025.
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9 60-1-705 DC 1/19/2025 5:42:21 AM
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Req. No. 705 Page 15Every fact on this page links to its source, starting with the official bill record.