15.02. Phantom PICs
The Board has received several questions from Oklahomalicensed
pharmacists who have been approached by outof-state
pharmacies asking them to be employed as their
pharmacist-in-charge (PIC) for their Oklahoma license, and
suggesting to the pharmacists that they do not have to actually
work at the pharmacy. A term for this might be an “absent”
or “phantom” PIC. This situation is no doubt occurring more
frequently due to the new requirement that nonresident pharmacies
that do sterile compounding must have an Oklahomalicensed
PIC. In one case, the Oklahoma-licensed pharmacist
was not even living in the United States at the time of the
employment offer; the pharmacy just wanted a pharmacist
with an Oklahoma license to sign its application or renewal
in a fraudulent attempt to meet the legal requirement. The
required PIC duties for an Oklahoma-licensed pharmacist
include accepting the full responsibility of all aspects of the
pharmacy’s operation, responsibility for controlled and noncontrolled
drugs in the pharmacy, as well as
(A) supervision of all employees as they relate to the
practice of pharmacy;
(B) establishment of policies and procedures for safekeeping
of pharmaceuticals that satisfy Board requirements,
including security provisions when the
pharmacy is closed;
(C) maintaining a proper record-keeping system for the
purchase, sale, delivery, possession, storage, and
safekeeping of drugs;
(D) proper display of all licenses;
(E) annual controlled drug inventory; and
(F) maintenance of prescription files.
Notably, OAC 535:15-3-2(b)(4) states: “A pharmacy
manager shall work sufficient hours in the pharmacy to exercise
control and meet the responsibilities of the pharmacy
manager.”
OAC 535:15-3-2(c)(1) states: “Where the actual identity
of the filler of a prescription is not determinable, the manager
of the pharmacy and the pharmacy where the prescription was
filled will be the subject of any charges filed by the Board
of Pharmacy.” And OAC 535:15-3-2(c)(4) states that the
pharmacy manager must “[e]stablish and maintain effective
controls against the diversion of prescription drugs into other
than legitimate medical, scientific, or industrial channels as
provided by federal, state or local laws or rules.”
It would not be possible for a PIC to exercise and fulfill
these responsibilities without being physically present in the
pharmacy a substantial amount of time. Keep in mind the
legal aspects of the responsibilities that are assumed if you
are approached by a pharmacy for a position as “phantom”
or “absent” PIC
quoted from here
The Board has received several questions from Oklahomalicensed
pharmacists who have been approached by outof-state
pharmacies asking them to be employed as their
pharmacist-in-charge (PIC) for their Oklahoma license, and
suggesting to the pharmacists that they do not have to actually
work at the pharmacy. A term for this might be an “absent”
or “phantom” PIC. This situation is no doubt occurring more
frequently due to the new requirement that nonresident pharmacies
that do sterile compounding must have an Oklahomalicensed
PIC. In one case, the Oklahoma-licensed pharmacist
was not even living in the United States at the time of the
employment offer; the pharmacy just wanted a pharmacist
with an Oklahoma license to sign its application or renewal
in a fraudulent attempt to meet the legal requirement. The
required PIC duties for an Oklahoma-licensed pharmacist
include accepting the full responsibility of all aspects of the
pharmacy’s operation, responsibility for controlled and noncontrolled
drugs in the pharmacy, as well as
(A) supervision of all employees as they relate to the
practice of pharmacy;
(B) establishment of policies and procedures for safekeeping
of pharmaceuticals that satisfy Board requirements,
including security provisions when the
pharmacy is closed;
(C) maintaining a proper record-keeping system for the
purchase, sale, delivery, possession, storage, and
safekeeping of drugs;
(D) proper display of all licenses;
(E) annual controlled drug inventory; and
(F) maintenance of prescription files.
Notably, OAC 535:15-3-2(b)(4) states: “A pharmacy
manager shall work sufficient hours in the pharmacy to exercise
control and meet the responsibilities of the pharmacy
manager.”
OAC 535:15-3-2(c)(1) states: “Where the actual identity
of the filler of a prescription is not determinable, the manager
of the pharmacy and the pharmacy where the prescription was
filled will be the subject of any charges filed by the Board
of Pharmacy.” And OAC 535:15-3-2(c)(4) states that the
pharmacy manager must “[e]stablish and maintain effective
controls against the diversion of prescription drugs into other
than legitimate medical, scientific, or industrial channels as
provided by federal, state or local laws or rules.”
It would not be possible for a PIC to exercise and fulfill
these responsibilities without being physically present in the
pharmacy a substantial amount of time. Keep in mind the
legal aspects of the responsibilities that are assumed if you
are approached by a pharmacy for a position as “phantom”
or “absent” PIC
quoted from here