Okla. Admin. Code § 505:10-5-18

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

Section 505:10-5-18 - Dispensing medications by Optometrists

(a)Grant of authority to dispense drugs. Pursuant to 75 O.S. § 250.3(17), this Rule interprets and prescribes law and policy for registered Optometrists licensed by the Board. Effective November 1, 2020, 59 O.S. 581(B) was amended to include in the definition of the practice of optometry the dispensing of drugs and may include the dispensing of professional samples to patients. This new statutory grant of authority to dispense drugs comes with it a duty to comply with a number of pre-existing laws governing dispensing drugs. Foremost among these is the Board rule on unprofessional conduct. It is considered unprofessional conduct to "[v]iolate any state or federal regulation relating to controlled substances." OAC 505:10-5-13. It is the responsibility of any Oklahoma licensed Optometrist wishing to dispense drugs as part of his or her practice to be fully informed of all the applicable laws pertinent to dispensing and to comply with them. The laws pertinent to dispensing include, but are not limited to, the following.

(b)The Uniform Controlled Dangerous Substances Act. The Act, 63 O.S. Section 2-101(11) defines "dispense" as follows: "Dispense" means to deliver a controlled dangerous substance to an ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for such distribution. "Dispenser" is a practitioner who delivers a controlled dangerous substance to an ultimate user or human research subject. (emphasis added). The Board interprets this provision to mean that an Optometrist can only "dispense" a drug for which he or she has lawfully issued a prescription to the patient.

(c)The existing scope of practice of Optometrists to prescribe drugs. The scope of practice to prescribe drugs is found in 59 O.S. § 581(B) states that the practice of optometry also includes the prescribing of dangerous drugs and controlled dangerous substances for all schedules specified in the Uniform Controlled Dangerous Substances Act except Schedules I and II but allowing for the prescribing of hydrocodone or hydrocodone-containing drugs regardless of schedule for a period not exceeding five (5) days of supply, and the issuance of refills for such prescriptions following sufficient physical examination of the patient for the purpose of diagnosis and treatment of ocular abnormalities.Thus, by statute, Oklahoma licensed Optometrists cannot prescribe Controlled Dangerous Substances from Schedules 1 and 2 except for hydrocodone or hydrocodone-containing drugs and only as authorized above.

(d)Registration with the Oklahoma Bureau of Narcotics. Pursuant to 63 O.S. §2-302, every person who dispenses drugs will first register with the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. Further, 63 O.S. § 309C calls for dispensers of Schedule II, III, IV or V controlled dangerous substances to electronically report certain information to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (OBN). Willful failure to transmit the information called for is a misdemeanor. Similar information is called for by OAC 475:45-12 (Reporting of certain information called for) for dispensing practitioners filling any Schedule II, III, IV, or V prescriptions who are called for to provide certain information to a central repository maintained by the (OBN) for each prescription dispensed. Any optometric practitioner registering with the Director of the OBNDD will promptly provide a copy to the Board of Examiners in Optometry with the application for registration and will promptly inform the Board of any circumstance and provide all documentation from the OBNDD concerning any disciplinary proceeding by the OBN against the registrant, regardless of its final disposition.

(e)Registration with the Oklahoma Board of Examiners in Optometry. In addition, Board Rule OAC 505:10-5-6 (Provision for registering intent to dispense dangerous drugs and controlled dangerous substances) provides that "[a]ny certified licensed practitioner of Optometry desiring to dispense dangerous drugs, pursuant to 59 OS Supp. 1987 Section 355.1 will register such intent with the Oklahoma Board of Examiners in Optometry and meet annual continuing education provisions as set by the Board. Any certified licensed professional Optometrist desiring to dispense controlled dangerous substances will first obtain a registration number from the United States Drug Enforcement Agency." The pharmacy statute, 59 O.S. § 355.1, also contains substantive duties for licensed practitioners like Optometrists to dispense dangerous drugs.

(f)All applicants and registrants will provide effective controls and procedures to guard against theft and diversion. Pursuant to OAC 475:20-1-2 (General security provisions) all applicants and registrants will provide effective controls and procedures to guard against theft and diversion of controlled dangerous substances. Though 475:20-15 (Other security controls for nonpractitioner registrants) by its title appears not to apply to practitioner registrants, in its text certain provisions for practitioner registrants appear and registrants need to be familiar with and comply with these. Because hydrocodone is now a Schedule 2 drug, OAC 475:20-1-6 (Physical security controls for practitioners) provides security provisions for its storage.

(g)Practitioners have a duty to become and stay informed. The foregoing provisions are only some of the presently existing legal provisions for those who dispense drugs. It is the responsibility of the optometric practitioner to inform himself or herself of all applicable provisions, as they presently exist and as they may exist in the future, and to comply with those provisions while dispensing drugs as part of the practice of optometry.

Okla. Admin. Code § 505:10-5-18

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024