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.