Okla. Stat. tit. 63, § 63-2-341

A. Beginning January 1, 2013, any pharmacy that dispenses,

sells or distributes any compound mixture or preparation containing

any detectable quantity of base pseudoephedrine or ephedrine, its

salts or optical isomers, or salts of optical isomers shall maintain

an electronic record of the sale. The electronic record of the sale

shall include the following information:

1. Name and address of the purchaser;

Oklahoma Statutes - Title 63. Public Health and Safety Page 978

2. Date of birth of the purchaser;

3. Type of identification and number;

4. Date and time of the purchase;

5. Name and quantity of base pseudoephedrine or ephedrine

purchased in grams, but not the overall weight of the products; and

6. Name, initials and registration number of the licensed

pharmacist or registered pharmacy technician.

If the electronic tracking service is not able to record the

identification type and identification number of the purchaser, the

licensed pharmacist or a registered pharmacy technician shall write

the identification type and number on the order. The electronic

record shall also be maintained in a manner that allows for the

determination of the equivalent number of packages purchased and

total quantity of base ephedrine or pseudoephedrine purchased.

B. By January 1, 2013, each pharmacy in this state shall have

in place and operational all equipment necessary to access and use a

real-time electronic methamphetamine precursor tracking service

which is approved by the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control. The electronic methamphetamine precursor

tracking service shall be available free of charge to all law

enforcement agencies within the state for purposes of viewing and

searching the database. Pharmacies shall be permitted to access

only the information that is submitted by the pharmacy and such

access shall be available free of charge. The electronic

methamphetamine precursor tracking service shall be self-sustaining

and shall not require the use of any public funds in the form of

state or federal fees or taxes, to create, deploy, or operate. The

tracking service shall operate and communicate in real-time

throughout the state and across state lines with similar multistate

systems. The tracking service shall be capable of tracking all

required information and generating a stop-sale alert to notify a

pharmacy that an attempted purchase by a person of pseudoephedrine

or ephedrine exceeds the quantity limits set forth in Section 2-212

of Title 63 of the Oklahoma Statutes. The tracking service shall

have the capability of stopping an illegal purchase in real-time and

shall contain an override function that allows a pharmacy to

complete a sale in violation of this section if the circumstances

require that such sale be completed. The tracking service shall be

in real time and track all override sales made by the pharmacy. The

Bureau shall select a vendor that meets the requirements specified

in this section by no later than October 1, 2012.

C. Beginning January 1, 2013, before completing the sale of an

over-the-counter product containing pseudoephedrine or ephedrine, a

pharmacy shall electronically submit the required information to the

electronic methamphetamine precursor tracking service. The pharmacy

shall not complete the sale of the product if the electronic

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methamphetamine precursor tracking service generates a stop-sale

alert.

D. Absent intentional violation of this act, any pharmacy

utilizing the electronic methamphetamine precursor tracking service

in accordance with this section shall not be civilly liable as a

result of any act or omission in carrying out the duties required by

this section. Such pharmacies shall also be immune from liability

to any third party unless the pharmacy has violated a provision of

this section in relation to a claim brought for such violation. The
ng the electronic methamphetamine precursor tracking service

in accordance with this section shall not be civilly liable as a

result of any act or omission in carrying out the duties required by

this section. Such pharmacies shall also be immune from liability

to any third party unless the pharmacy has violated a provision of

this section in relation to a claim brought for such violation. The

provisions of this section shall not apply to a person who obtains

the product or products pursuant to a valid prescription.

E. The information entered, stored and maintained by the

electronic methamphetamine precursor tracking service shall be

confidential and shall only be accessed by law enforcement

officials, health care professionals and licensed pharmacists for

the purpose of controlling the sale of methamphetamine precursors.

F. If a pharmacy selling an over-the-counter product containing

pseudoephedrine or ephedrine experiences mechanical or electronic

failure of the electronic tracking service and is unable to comply

with the provisions of this section, the pharmacy shall maintain a

written log until such time as the pharmacy is able to comply with

the electronic tracking service requirements.

G. A pharmacy selling an over-the-counter product containing

pseudoephedrine or ephedrine may seek an exemption from submitting

transactions to the electronic tracking service in writing to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

stating the reasons for such exemption. The Bureau may grant an

exemption for good cause, but in no event shall such exemption

exceed one hundred eighty (180) days. Any pharmacy that receives an

exemption shall maintain a hard-copy logbook and shall require the

purchaser to provide the information required pursuant to subsection

A of this section before completion of any sale. The logbook shall

be maintained as a record of each sale for inspection by any law

enforcement official during normal business hours.

H. All data that is collected from the pharmacies of this state

and stored in the electronic methamphetamine precursor tracking

service shall be downloaded and exported by electronic means to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control at

least every twenty-four (24) hours. The export of data shall be in

a version that is in compliance with the standards agreed to by both

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

and the provider of the electronic methamphetamine precursor

tracking service. The export of data shall be executed by way of a

memorandum of understanding and without charge to the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control. Any and all data

exported to, obtained by, gathered by, transmitted to or stored by

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

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or its designee shall be the property of the state. The Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control shall have the

authority to control, administer, and disseminate at the discretion

of the Bureau, the transaction data for the purpose of enforcing

federal and state laws. In addition to exporting data to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

real-time access to information contained in the electronic

methamphetamine precursor tracking service through an online portal

shall be provided to all law enforcement agencies within the state

free of charge.

I. The electronic methamphetamine precursor tracking service

shall generate a stop-sale alert if completion of a sale would

result in the seller or purchaser violating the quantity limits set

forth in Section 2-212 of Title 63 of the Oklahoma Statutes. The

electronic tracking service shall contain an override function that

may be used by a dispenser of pseudoephedrine or ephedrine products
.

I. The electronic methamphetamine precursor tracking service

shall generate a stop-sale alert if completion of a sale would

result in the seller or purchaser violating the quantity limits set

forth in Section 2-212 of Title 63 of the Oklahoma Statutes. The

electronic tracking service shall contain an override function that

may be used by a dispenser of pseudoephedrine or ephedrine products

who has a reasonable fear of imminent bodily harm if the sale is not

completed. Each instance in which the override function is utilized

shall be logged by the electronic tracking service.

J. A person who violates any of the provisions of this section

shall, upon conviction, be guilty of a misdemeanor punishable by a

fine of not more than One Thousand Dollars ($1,000.00). If the

person convicted is a licensed pharmacist or registered pharmacy

technician, the violation shall be reported to the State Board of

Pharmacy for review and appropriate action.