Okla. Admin. Code § 535:12-1-3

Current through Vol. 42, No. 4, November 1, 2024

Section 535:12-1-3 - Eligibility to donate prescription drugs

(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.

Okla. Admin. Code § 535:12-1-3

Added at 22 Ok Reg 345, eff 1-1-05 (emergency); Added at 22 Ok Reg 2168, eff 7-1-05