Digest of opinions, 06/2013, v.49 no.2

              Attorney General E. Scott Pruitt
Vol. 49, No. 2 Quarterly June, 2013
Digest
of Opinions
Opinion 2013-6
Executive Director Sherry G. Lewelling April 26, 2013
Oklahoma State Board of Cosmetology
The Oklahoma State Board of Cosmetology is authorized by the Oklahoma Cosmetology Act, 59
O.S.2011 & Supp.2012, §§ 199.1 through 199.15, to license and regulate cosmetology schools
that provide cosmetology instruction to secondary and post-secondary students.
E. SCOTT PRUITT
Oklahoma Attor ney General
SANDRA D. RINEHART
Senior Asistant Attor ney General
Opinion 2013-7
The Honorable Dan Newberry May 16, 2013
State Senator, District 37
1. The Medicaid Drug Utilization Review Board is statutorily responsible for “the develop-ment,
implementation and assessment of retrospective and prospective drug utilization
programs” under the direction of the Oklahoma Health Care Authority. 63 O.S.2011,
§ 5030.1(A). The Medicaid Drug Utilization Board recommends the placement of drugs
or drugs classes on prior authorization to the Oklahoma Health Care Authority Board. Id.
§ 5030.5(B).
2. The Oklahoma Health Care Authority Board is statutorily required to adopt rules for the
implementation of drug utilization programs and to accept or reject the recommendations
of the Medicaid Drug Utilization Review Board for placement of drugs or drug classes on
prior authorization. 63 O.S.2011, §§ 5030.1(F), 5030.5(C).
3. The Medicaid Drug Utilization Review Board must follow the requirements of 63 O.S.2011,
§ 5030.5 in implementing a prior authorization program and in making its recommendations
for the placement of drugs or drug classes on prior authorization. That statute includes re-quirements
that the Medicaid Drug Utilization Review Board consider the potential impact
of delay on patient care and the fiscal impact on costs, id. § 5030.5(B)(1); provide a period
for public comment, id. § 5030.5(B)(2); and review Oklahoma Medicaid data related to
guidelines established for the detection of potential drug therapy problems pursuant to 63
O.S.2011, § 5030.4(2)(b)(1), id. § 5030.5(B)(3).
4. The Legislature has established procedural requirements and conditions for placing drugs
or drug classes on prior authorization, but has not restricted the criteria the Medical Drug