Definitions.

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As used in the Utilization of Unused Prescription Medications Act:

1. “Assisted living center” has the same meaning as such term is defined in Section 1-890.2 of Title 63 of the Oklahoma Statutes;

2. “Cancer drugs” means any of several drugs that control or kill neoplastic cells, commonly referred to as “cancer-fighting drugs”; and includes, but is not limited to, drugs used in chemotherapy to destroy cancer cells;

3. “Health care professional” means any of the following persons licensed and authorized to prescribe and dispense drugs or to provide medical, dental, or other health-related diagnoses, care or treatment within the scope of their professional license:

  • a.a physician holding a current license to practice medicine pursuant to Chapter 11 or Chapter 14 of Title 59 of the Oklahoma Statutes,
  • b.an advanced practice nurse licensed pursuant to Chapter 12 of Title 59 of the Oklahoma Statutes,
  • c.a physician assistant licensed pursuant to Chapter 11 of Title 59 of the Oklahoma Statutes,
  • d.a dentist licensed pursuant to Chapter 7 of Title 59 of the Oklahoma Statutes,
  • e.an optometrist licensed pursuant to Chapter 13 of Title 59 of the Oklahoma Statutes, and
  • f.a pharmacist licensed pursuant to Chapter 8 of Title 59 of the Oklahoma Statutes;

4. “Medically indigent” means a person eligible to receive Medicaid or Medicare or a person who has no health insurance and who otherwise lacks reasonable means to purchase prescribed medications;

5. “Charitable clinic” means a charitable nonprofit corporation or a facility organized as a not-for-profit pursuant to the provisions of the Oklahoma General Corporation Act that:

  • a.holds a valid exemption from federal income taxation issued pursuant to Section 501(a) of the Internal Revenue Code (26 U.S.C., Section 501(a)),
  • b.is listed as an exempt organization under 501(c) of the Internal Revenue Code (26 U.S.C., Section 501(c)),
  • c.provides on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at such facility advice, counseling, diagnosis, treatment, surgery, care or services relating to the preservation or maintenance of health, and
  • d.has a licensed outpatient pharmacy; and

6. “Prescription drug” means a drug which may be dispensed only upon prescription by a health care professional authorized by his or her licensing authority and which is approved for safety and effectiveness as a prescription drug under Section 505 or 507 of the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938), 21 U.S.C.A., Section 301).

Added by Laws 2004, c. 374, § 2, emerg. eff. June 3, 2004.


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