1. A. This section shall be known and may be cited as the "Utilization of Unused Prescription Medications Act".
2. B. The State Board of Health, the Oklahoma Board of Pharmacy and the Oklahoma Health Care Authority shall jointly develop and implement a pilot program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled dangerous substances by Section 2-101 of Title 63 of the Oklahoma Statutes, may be transferred from nursing facilities to pharmacies operated by city-county health departments or county pharmacies for the purpose of distributing the medication to Oklahoma residents who are medically indigent.
3. C. The State Board of Health, the Oklahoma Board of Pharmacy, the Oklahoma Health Care Authority, the State Board of Medical Licensure and Supervision, and the State Board of Osteopathic Examiners shall review and evaluate the program no later than eighteen (18) months after its implementation and shall submit a report and any recommendations to the Governor, the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the State Senate, and the Chairs of the appropriate legislative committees.

4. D. The State Board of Health, the Oklahoma Board of Pharmacy and the Oklahoma Health Care Authority shall promulgate rules and establish procedures necessary to implement the program established by this section. The rules and procedures shall provide:

   1. 1. For a formulary for the medications to be distributed pursuant to the program;
   2. 2. For the protection of the privacy of the individual for whom the medication was originally prescribed;
   3. 3. For the integrity and safe storage and safe transfer of the medication, which may include but shall not be limited to limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose or which remain in intact packaging;
   4. 4. For the tracking of and accountability for the medications; and
   5. 5. For other matters necessary for the implementation of the program.
5. E. In accordance with the rules and procedures of a program established pursuant to this section, the resident of a nursing facility, or the representative or guardian of a resident may donate unused prescription medications, other than prescription drugs defined as controlled dangerous substances by Section 2-101 of Title 63 of the Oklahoma Statutes, for dispensation to medically indigent persons.
6. F. Physicians, pharmacists and other health care professionals shall not be subject to liability for participation in the program established by this act when acting within the scope of practice of their license and in good faith compliance with the rules promulgated pursuant to the Utilization of Unused Prescription Medications Act.
7. G. For purposes of this section, "medically indigent" means a person who has no health insurance or who otherwise lacks reasonable means to purchase prescribed medications.

Laws 2001, HB 1297, c. 281 § 1, eff. November 1, 2001.