Title 505:10-5-18

Pursuant to 75 O.S. § 250.3(17), this Rule interprets and prescribes law and policy for registered Optometrists licensed by the Board. Effective November 1, 2020, 59 O.S. 581(B) was amended to include in the definition of the practice of optometry the dispensing of drugs and may include the dispensing of professional samples to patients. This new statutory grant of authority to dispense drugs comes with it a duty to comply with a number of pre-existing laws governing dispensing drugs. Foremost among these is the Board rule on unprofessional conduct. It is considered unprofessional conduct to “[v]iolate any state or federal regulation relating to controlled substances.” OAC 505:10-5-13. It is the responsibility of any Oklahoma licensed Optometrist wishing to dispense drugs as part of his or her practice to be fully informed of all the applicable laws pertinent to dispensing and to comply with them. The laws pertinent to dispensing include, but are not limited to, the following.

1. The Uniform Controlled Dangerous Substances Act, 63 O.S. Section 2-101(11) defines “dispense” as follows: "Dispense" means to deliver a controlled dangerous substance to an ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for such distribution. "Dispenser" is a practitioner who delivers a controlled dangerous substance to an ultimate user or human research subject. (emphasis added). The Board interprets this provision to mean that an Optometrist can only “dispense” a drug for which he or she has lawfully issued a prescription to the patient.

2. The existing scope of practice of Optometrists to prescribe drugs is found in 59 O.S. § 581(B) which states:

The practice of optometry shall also include the prescribing of dangerous drugs and controlled dangerous substances for all schedules specified in the Uniform Controlled Dangerous Substances Act except Schedules I and II but allowing for the prescribing of hydrocodone1 or hydrocodone-containing drugs regardless of schedule for a period not exceeding five (5) days of supply, and the issuance of refills for such prescriptions following sufficient physical examination of the patient for the purpose of diagnosis and treatment of ocular abnormalities.

Thus, by statute, Oklahoma licensed Optometrists may not prescribe Controlled Dangerous Substances from Schedules 1 and 2 except for hydrocodone or hydrocodone-containing drugs and only as authorized above.

3. Pursuant to 63 O.S. §2-302, every person who dispenses drugs must register with the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. Further, 63 O.S. § 309C requires dispensers of Schedule II, III, IV or V controlled dangerous substances to electronically report certain information to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (OBN). Willful failure to transmit the required information is a misdemeanor. Similar information is required by OAC 475:45-1-2 (Required reporting of certain information) for dispensing practitioners filling any Schedule II, III, IV, or V prescriptions who must provide certain information to a central repository maintained by the (OBN) for each prescription dispensed. Any optometric practitioner registering with the Director of the OBNDD shall promptly provide a copy to the Board of Examiners in Optometry with the application for registration and shall promptly inform the Board of any circumstance and provide all documentation from the OBNDD concerning any disciplinary proceeding by the OBN against the registrant, regardless of its final disposition.

4. In addition, Board Rule OAC 505:10-5-6 (Requirement of registering intent to dispense dangerous drugs and controlled dangerous substances) provides that “[a]ny certified licensed practitioner of Optometry desiring to dispense dangerous drugs, pursuant to 59 OS Supp. 1987 Section 355.1 shall register such intent with the Oklahoma Board of Examiners in Optometry and meet annual continuing education requirements as set by the Board. Any certified licensed professional Optometrist desiring to dispense controlled dangerous substances shall first obtain a registration number from the United States Drug Enforcement Agency.” The pharmacy statute, 59 O.S. § 355.1, also contains substantive requirements for licensed practitioners like Optometrists to dispense dangerous drugs.

5. All applicants and registrants shall provide effective controls and procedures to guard against theft and diversion of controlled dangerous substances pursuant to OAC 475:20-1-2. (General security requirements).

6. Though 475:20-1-5 (Other security controls for nonpractitioner registrants) by its title appears not to apply to practitioner registrants, in its text certain requirements on practitioner registrants appear.

7. Because hydrocodone is now a Schedule 2 drug, OAC 475:20-1-6 (Physical security controls for practitioners) provides security requirements for its storage.

The foregoing provisions are only some of the presently existing legal requirements for those who dispense drugs. It is the responsibility of the optometric practitioner to inform himself or herself of all applicable requirements, as they presently exist and as they may exist in the future, and to comply with those requirements while dispensing drugs as part of the practice of optometry.