Okla. Admin. Code § 535:15-3-16

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

Section 535:15-3-16 - Adequate staffing rules for pharmacists and pharmacies

(a) Adequate staffing to safely fill prescriptions is the responsibility of the pharmacy, the pharmacy manager, and the pharmacist. If conditions exist that could cause prescriptions to be filled in an unsafe manner, each shall take action to correct the problem.

(b) In order to ensure adequate staffing levels a staffing form shall be available in each pharmacy. A copy of this form, when executed, will be given to the immediate supervisor and a copy must remain in the pharmacy for Board inspection.

(1) Such form shall include, but not be limited to the following:

(A) Date and time the inadequate staffing occurred,

(B) Number of prescriptions filled during this time frame,

(C) Summary of events, and

(D) Any comments or suggestions.

(2) Such forms are not to be sent to the Board.

(c) A pharmacist shall complete the staffing report form when:

(1) A pharmacist is concerned regarding staffing due to:

(A) inadequate number of support persons (cashiers, technicians, auxiliary supportive personnel, etc.), or

(B) excessive workload.

(2) Filling out the form may enable management to make a better decision concerning staffing.

(d) If the pharmacy manager feels that the situation warrants earlier Board review, the pharmacy manager shall inform the Board.

(e) Each pharmacy shall review completed staffing reports and address any issues listed as well as document any corrective action taken or justification for inaction to assure continual self-improvement. If the issue is not staffing related, measures taken to address the issue should be described. Each pharmacy shall retain completed staffing reports until reviewed and released by the Board. Such reports requiring further review may be held by the Board and may become part of an investigation file.

(f) A registrant, including a pharmacy, a pharmacy manager, or a pharmacist, shall not be subject to discipline by the employing pharmacy for completing a staffing report in good faith.

(g) An employing pharmacy shall not retaliate against or discipline an employee for filing a complaint with the Board of Pharmacy or other licensing body or reporting a suspected violation of state or federal statute or any ordinance or regulation of a political subdivision. As used in this paragraph, retaliation or discipline of an employee includes, but is not limited to the following:

(1) Removing or suspending the employee from employment.

(2) Withholding from the employee salary increases or employee benefits to which the employee is otherwise entitled.

(3) Transferring or reassigning the employee.

(4) Denying the employee, a promotion that otherwise would have been received, or

(5) Reducing the employee in pay or position.

Okla. Admin. Code § 535:15-3-16

Reserved at 14 Ok Reg 3024, eff 7-1-97; Added at 22 Ok Reg 2172, eff 7-1-05

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/1/2023