Okla. Admin. Code § 475:30-1-14

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

Section 475:30-1-14 - Dispensing, prescribing, administering, or distributing without prescription

A controlled dangerous substance listed in Schedule V which is not a prescription drug as determined by the Oklahoma State Board of Pharmacy and/or the Federal Food and Drug Administration, may be dispensed by a pharmacy without a prescription to a purchaser at retail level; PROVIDED that:

(1) Such dispensing is made only by a pharmacist that has been licensed by the Oklahoma State Board of Pharmacy to dispense controlled dangerous substances and not by a non-pharmacist employee, even if under the supervision of a pharmacist (although after the pharmacist has fulfilled his/her professional and legal responsibilities set forth in this Section, the actual cash, credit transaction or delivery may be completed by a non-pharmacist).

(2) No person shall dispense, prescribe, administer or distribute to any one person, for the use of any one person or animal, any preparation(s) included in Title 63 Okl.St.Ann. § 2-313(B)(1), when the dispensing, prescribing, administering or distributing person knows, or can by reasonable diligence ascertain, that such dispensing, prescribing, administering or distributing will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed or distributed, within any forty-eight (48) consecutive hours, with more than 320 milligrams of opium, or more than 40 milligrams of morphine or any of its salts, or more than 160 milligrams of codeine or any of its salts, or will provide such person or the owner of such animal, within forty-eight (48) consecutive hours, more than one preparation exempted by Title 63 Okl.St.Ann. § 2-313.

(3) Except as otherwise authorized by the Act, OAC 475:30-1-14 shall not apply to the following cases:

(A) Prescribing, administering, dispensing or selling at retail not more than one of any of the following medicinal preparations that contain in thirty (30) milliliters or if a solid or semi-solid preparation, in one (1) avoirdupois ounce:

(i) Not more than one hundred sixty (160) milligrams of opium.

(ii) Not more than twenty (20) milligrams of morphine or any of its salts.

(iii) Not more than eighty (80) milligrams of codeine or any of its salts.

(B) Prescribing, administering, dispensing or selling at retail of liniments, ointments and other preparations that are susceptible of external use only and that contain narcotic drugs in such combinations as to prevent their being readily extracted from such liniments, ointments or preparations, except that this shall apply to all liniments, ointments and other preparations that contain coca leaves in any quantity or combination.

(C) Any compound, mixture or preparation which contains not more than one drachma of paregoric per thirty (30) milliliters.

(D) The labeling requirements set forth in this Chapter shall not apply to medicinal preparations excepted by Title 63 Okl.St.Ann. § 2-313, and OAC 475.

(4) The medicinal preparation or the liniment, ointment or other preparation susceptible of external use only, prescribed, administered, dispensed or distributed shall contain, in addition to the narcotic drug therein, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone. Such preparation shall be prescribed, administered, dispensed and distributed in good faith as a medicine and not for the purpose of evading the provisions of the Uniform Controlled Dangerous Substances Act and this Chapter.

(5) The pharmacy, through its agent who is duly licensed by the Oklahoma State Board of Pharmacy, shall not dispense to persons under eighteen (18) years of age.

(6) A bound record book for dispensing controlled dangerous substances under this Section is maintained by the pharmacy, which book shall contain the name and address of the purchaser, the date of each purchase, and the name or initials of the pharmacist who dispensed the substance to the purchaser (the book shall be maintained in accordance with the record-keeping requirements of 475:25-1-4 ).

(7) The pharmacy agent dispensing controlled dangerous substances listed in Schedule V shall, pursuant to Title 63 Okl.St.Ann. § 2-314(B), affix to the package a label showing the prescription number, if any, the date dispensed, the purchaser's name, the name of the prescribing physician, if any, name and address of the pharmacy, if the patient or ultimate user is an animal, the name of the owner of the animal and the words "for veterinary use only".

Okla. Admin. Code § 475:30-1-14

Amended at 24 Ok Reg 1741, eff 8-11-07

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020