STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1312	By:	Richardson

AS INTRODUCED

An Act relating to professions and occupations; amending 59 O.S. 2001, Section 353.13A, as last amended by Section 12, Chapter 321, O.S.L. 2009 (59 O.S. Supp. 2010, Section 353.13A), which relates to prescriptions; directing certain information to be placed on a prescription label in certain circumstance; requiring certain persons to provide specified information; providing exceptions; prohibiting certain act from being admissible evidence of malpractice in litigation; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY      59 O.S. 2001, Section 353.13A, as last amended by Section 12, Chapter 321, O.S.L. 2009 (59 O.S. Supp. 2010, Section 353.13A), is amended to read as follows:
Section 353.13A  A.  Prescriptions received by other than written communication shall be promptly recorded in writing by the pharmacist.  The record made by the pharmacist shall constitute the original prescription to be filled by the pharmacist.
B.  Pharmacists may dispense prescriptions for dangerous drugs and controlled dangerous substances specified in Section 581 of this title for ocular abnormalities prescribed by optometrists licensed by the Oklahoma Board of Examiners in Optometry.  All prescriptions issued by licensed optometrists shall include the license number of the optometrist as assigned by the Oklahoma Board of Examiners in Optometry.
C.  1.  A filled prescription label shall include the name and address of the pharmacy of origin, date of filling, name of patient, name of prescriber, directions for administration, and prescription number.  The If provided by the practitioner or the practitioner's representative, the symptom or purpose for which the drug is being prescribed may shall also appear on the label, if provided by the.  The practitioner and or the practitioner's representative shall provide to the pharmacy of origin the symptom or purpose for which the drug is prescribed unless the patient or the patient’s authorized representative so requests otherwise.  If the symptom or purpose for which a drug is being prescribed is not provided by the practitioner or the practitioner's representative, pursuant to the request of the patient or authorized representative of the patient, the pharmacist may fill the prescription order without contacting the practitioner, patient, or the patient’s authorized representative.
2.  The label shall also include the trade or generic name, and the quantity and strength of the drug therein contained, except when otherwise directed by the prescriber.  This requirement
3.  The requirements of this subsection shall not apply to prescriptions or medicines and drugs supplied or delivered directly to patients for consumption on the premises while admitted to any hospital or mental institution.
4.  Failure to provide the symptom or purpose for which the drug is prescribed on the label shall not be admissible evidence of malpractice in litigation.
D.  No prescription shall be written in any characters, figures or ciphers other than in the English or Latin language, generally in use among medical and pharmaceutical practitioners.
SECTION 2.  This act shall become effective November 1, 2011. 

53-1-5713	AM	12/09/10