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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1005 By: Bush and Pae of the House
and
Montgomery of the Senate
AS INTRODUCED
An Act relating to the Uniform Controll ed Dangerous
Substances Act; amending 63 O.S. 2011, Section 2 -101,
as last amended by Section 1, Chapter 101, O.S.L.
2020 (63 O.S. Supp. 2020, Section 2 -101), which
relates to definitions; defining term; modifying
definitions; amending 63 O.S. 2011, Sectio n 2-101.1,
which relates to drug paraphernalia; providing
exception; authorizing certain entities to engage in
harm-reduction services; requiring registration with
the State Department of Health; providing for certain
allowable activities for specified period of time;
providing reporting requirements; directing
promulgation of rules; providing for codification;
and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O. S. 2011, Section 2-101, as
last amended by Section 1, Chapter 101, O.S.L. 2020 (63 O.S. Supp.
2020, Section 2-101), is amended to read as follows:
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Section 2-101. As used in the Uniform Controlled Dangerous
Substances Act:
1. "Administer" means the direct application of a controlled
dangerous substance, whether by injection, inhalation, ingestion or
any other means, to the body of a patient, animal or research
subject by:
a. a practitioner (or, in the presence of the
practitioner, by the authorized agent o f the
practitioner), or
b. the patient or research subject at the direction and
in the presence of the practitioner;
2. "Agent" means a peace officer appointed by and who acts on
behalf of the Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control or an authorized person who acts on behalf
of or at the direction of a person who manufactures, distributes,
dispenses, prescribes, administers or uses for scientific purposes
controlled dangerous substances but does not include a common o r
contract carrier, public warehouser or employee thereof, or a person
required to register under the Uniform Controlled Dangerous
Substances Act;
3. "Board" means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. "Bureau" means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
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5. "Coca leaves" includes cocaine and any compound,
manufacture, salt, derivative, mixture or preparation of coca
leaves, except derivatives of coca leav es which do not contain
cocaine or ecgonine;
6. "Commissioner" or "Director" means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
7. "Control" means to add, remove or change the placement of a
drug, substance or immed iate precursor under the Uniform Controlled
Dangerous Substances Act;
8. "Controlled dangerous substance " means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedule in which a
substance is listed shall be resolved in favor of state law;
9. "Counterfeit substance " means a controlled substance which,
or the container or labeling of which without authorization, bears
the trademark, trade name or other identifying marks, imprint,
number or device or any likeness thereof of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance;
10. "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled
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dangerous substance or drug paraphernalia, whether or not there is
an agency relationship;
11. "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;
12. "Distribute" means to deliver other than by administering
or dispensing a controlled dangerous substance;
13. "Distributor" means a commercial entity engaged in the
distribution or reverse distribution of narcotics and dangerous
drugs and who complies with all regulati ons promulgated by the
federal Drug Enforcement Administration and the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control;
14. "Drug" means articles:
a. recognized in the official United States Pharmacopoeia
Pharmacopeia, official Homeopathic Pharmacopoeia of
the United States, or official National Formulary, or
any supplement to any of them,
b. intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
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c. other than food, intended to affect the structure or
any function of the body of man or other animals, and
d. intended for use as a component of any article
specified in this paragraph;
provided, however, the term "drug" does not include devices or their
components, parts or accessories;
15. "Drug-dependent person" means a person who is using a
controlled dangerous substance and who is in a state of psychic or
physical dependence, or both, arising from administration of that
controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other responses which
include a strong compulsion to take the substance on a continuous
basis in order to experience its psychic effects, or to avoid the
discomfort of its absence;
16. "Harm-reduction services" means programs established to:
a. reduce the spread of infectious diseases related to
injection drug use,
b. reduce drug dependency, overdose deaths, and
associated complications, and
c. increase safe recovery and disposal of used syringes
and sharp waste;
17. "Home care agency" means any sole proprietorship,
partnership, association, corporation, or other organization which
administers, offers, or provides home care services, for a fee or
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pursuant to a contract for such services, to clients in their place
of residence;
17. 18. "Home care services" means skilled or personal care
services provided to clients in their place of residence for a fee;
18. 19. "Hospice" means a centrally administered, nonprofit or
profit, medically directed, nurse -coordinated program which provides
a continuum of home and inpatient care for the terminally ill
patient and the patient 's family. Such term shall also include a
centrally administered, nonprofit or profit, medically directed,
nurse-coordinated program if such program is l icensed pursuant to
the provisions of the Uniform Controlled Dangerous Substances Act.
A hospice program offers palliative and supportive care to meet the
special needs arising out of the physical, emotional and spiritual
stresses which are experienced du ring the final stages of illness
and during dying and bereavement. This care is available twenty -
four (24) hours a day, seven (7) days a week, and is provided on the
basis of need, regardless of ability to pay. "Class A" Hospice
refers to Medicare certif ied hospices. "Class B" refers to all
other providers of hospice services;
19. 20. "Imitation controlled substance " means a substance that
is not a controlled dangerous substance, which by dosage unit
appearance, color, shape, size, markings or by repres entations made,
would lead a reasonable person to believe that the substance is a
controlled dangerous substance. In the event the appearance of the
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dosage unit is not reasonably sufficient to establish that the
substance is an "imitation controlled subst ance", the court or
authority concerned should consider, in addition to all other
factors, the following factors as related to "representations made "
in determining whether the substance is an "imitation controlled
substance":
a. statements made by an owne r or by any other person in
control of the substance concerning the nature of the
substance, or its use or effect,
b. statements made to the recipient that the substance
may be resold for inordinate profit,
c. whether the substance is packaged in a manner normally
used for illicit controlled substances,
d. evasive tactics or actions utilized by the owner or
person in control of the substance to avoid detection
by law enforcement authorities,
e. prior convictions, if any, of an owner, or any other
person in control of the object substance, under state
or federal law related to controlled substances or
fraud, and
f. the proximity of the substances to controlled
dangerous substances;
20. 21. "Immediate precursor" means a substance which the
Director has found to be and by regulation designates as being the
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principal compound commonly used or produced primarily for use, and
which is an immediate chemical intermediary used, or likely to be
used, in the manufacture of a controlled dangerous substance, the
control of which is necessary to prevent, curtail or limit such
manufacture;
21. 22. "Laboratory" means a laboratory approved by the
Director as proper to be entrusted with the custody of controlled
dangerous substances and the use of controlled dangerous substan ces
for scientific and medical purposes and for purposes of instruction;
22. 23. "Manufacture" means the production, preparation,
propagation, compounding or processing of a controlled dangerous
substance, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical
synthesis. "Manufacturer" includes any person who packages,
repackages or labels any container of any controlled dang erous
substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate consumer;
23. 24. "Marijuana" means all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; the resin
extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture or preparation of such plant,
its seeds or resin, but shall not include:
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a. the mature stalks of such plant or fiber produced from
such stalks,
b. oil or cake made from the seeds of such plant,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks (except
the resin extracted therefrom), including cannabidiol
derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a clinical trial to
administer cannabidiol for the treatment of severe
forms of epilepsy pursuant to S ection 2-802 of this
title, a drug or substance approved by the federal
Food and Drug Administration for use by those
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in this state
that the person has been diagnosed by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, also
known as Severe Myoclonic Epilepsy of Infancy, or any
other severe form of epilepsy that is not adequately
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treated by traditional medical therapies, spasticity
due to multiple sclerosis or due to paraplegia,
intractable nausea and vomiting, appetite stimulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
of not more than three -tenths of one percent (0.3%)
and that is delivered to the patient in the form of a
liquid,
g. any cannabidiol drug or substance appro ved by the
federal Food and Drug Administration-approved
cannabidiol drug or substance , or
h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration of not mo re
than three-tenths of one percent (0.3%) on a dry
weight basis which shall only be grown pursuant to the
Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate;
24. 25. "Medical purpose" means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
diagnosis, or for the prevention of a disease condition not in
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violation of any state or federal law and not for the purpose of
satisfying physiological or psychological dependence or other abuse;
25. 26. "Mid-level practitioner" means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
animal euthanasia technician as defined in Section 698.2 of Title 59
of the Oklahoma Statutes, or an animal control officer registered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2 -301 of this title within the
parameters of such officer 's duty under Sections 501 th rough 508 of
Title 4 of the Oklahoma Statutes;
26. 27. "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
a. opium, coca leaves and opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geometric isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, and
e. a substance, and any compound, manufacture, salt,
derivative or preparation thereof, which is chemically
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identical with any of the substances referred to in
subparagraphs a through d of this paragraph, except
that the words "narcotic drug" as used in Section 2 -
101 et seq. of this title shall not include
decocainized coca leaves or extracts of coca leaves,
which extracts do not contain cocaine or ecgonine;
27. 28. "Opiate" or "opioid" means any Schedule II, III, IV or
V substance having an addiction -forming or addiction -sustaining
liability similar to morphine or being capable of conversion into a
drug having such addiction -forming or addiction -sustaining
liability. The terms do not incl ude, unless specifically designated
as controlled under the Uniform Controlled Dangerous Substances Act,
the dextrorotatory isomer of 3 -methoxy-n-methyl-morphinan and its
salts (dextromethorphan). The terms do include the racemic and
levorotatory forms;
28. 29. "Opium poppy" means the plant of the species Papaver
somniferum L., except the seeds thereof;
29. 30. "Peace officer" means a police officer, sheriff, deputy
sheriff, district attorney 's investigator, investigator from the
Office of the Attorney G eneral, or any other person elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
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30. 31. "Person" means an individual, corporation, government
or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity;
31. 32. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing;
32. 33. "Practitioner" means:
a. (1) a medical doctor or osteopathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under the supervision of a
licensed medical doctor or osteopathic physician,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, laboratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
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to, use for scientific purposes or administer a
controlled dangerous substance in the course of
professional practice or research in this state;
33. 34. "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled dangerous
substance;
34. 35. "State" means the State of Oklahoma or any other state
of the United States;
35. 36. "Ultimate user" means a person who lawfully possesses a
controlled dangerous substance for the person 's own use or for the
use of a member of the person 's household or for administration to
an animal owned by the person or by a member of the pers on's
household;
36. 37. "Drug paraphernalia" means all equipment, products and
materials of any kind which are used, intended for use, or fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding , converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body, a controlled dangerous
substance in violation of the U niform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically
for use in planting, propagating, cultivating, growing
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or harvesting of any species of plant which is a
controlled dangerous substance or from which a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing or preparing controlled
dangerous substances,
c. isomerization devices used, intended for use, or
fashioned specifically for use in increasing the
potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in ide ntifying, or in analyzing
the strength, effectiveness or purity of controlled
dangerous substances,
e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use, or fashioned
specifically for use in cutting controlled dangerous
substances,
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g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashioned specifically for
use in compounding controlled dangerous su bstances,
i. capsules, balloons, envelopes and other containers
used, intended for use, or fashioned specifically for
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles and other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dangerous substances
into the human body except as authorized by Section 3
of this act,
l. objects used, intended for use, or fashioned
specifically for use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human bod y, such as:
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(1) metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent
screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has
become too small or too short to be held in the
hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue o f any controlled dangerous
substance as defined in this section or any other
substances not legal for possession or use;
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provided, however, the term "drug paraphernalia" shall not include
separation gins intended for use in preparing tea or spice, clamps
used for constructing electrical equipment, water pipes designed for
ornamentation in which no detectable amount of an illegal substance
is found or pipes designed and used solely for smoking tobacco,
traditional pipes of an American Indian tribal religious ceremony,
or antique pipes that are thirty (30) years of age or older;
37.
38. a. "Synthetic controlled substance " means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous
system that is substantially similar to or
greater than the stimulant, depressant or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the
central nervous system that is substantially
similar to or greater than the stimulant,
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depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
b. The designation of gamma butyrolactone or any other
chemical as a precursor, pursuant to Section 2 -322 of
this title, does not preclude a finding pursuant to
subparagraph a of this paragraph that the chemical is
a synthetic controlled substance.
c. "Synthetic controlled substance " does not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that person under the
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
with respect to such substance is pursuant to
such exemption, or
(4) any substance to the extent not intended for
human consumption before such an exemption takes
effect with respect t o that substance.
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d. Prima facie evidence that a substance containing
salvia divinorum has been enhanced, concentrated or
chemically or physically altered shall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
38. 39. "Tetrahydrocannabinols " means all substances that have
been chemically synthesized to emulate the tetrahydrocannabinols of
marijuana;
39. 40. "Isomer" means the optical isomer, except as used in
subsections C and F of Section 2 -204 of this title and paragraph 4
of subsection A of Section 2 -206 of this title. As used in
subsections C and F of Section 2 -204 of this title, "isomer" means
the optical, positional or geometric isomer. As used in paragraph 4
of subsection A of Section 2 -206 of this title, the term "isomer"
means the optical or geometric isomer;
40. 41. "Hazardous materials" means materials, whether solid,
liquid or gas, which are toxic to human, animal, aquatic or plant
life, and the disposal of which materials is controlled by state or
federal guidelines;
41. 42. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
42. 43. "Acute pain" means pain, whether resulting from
disease, accidental or intentional trauma or other c ause, that the
practitioner reasonably expects to last only a short period of time.
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"Acute pain" does not include chronic pain, pain being treated as
part of cancer care, hospice or other end -of-life care, or pain
being treated as part of palliative care;
43. 44. "Chronic pain" means pain that persists beyond the
usual course of an acute disease or healing of an injury. "Chronic
pain" may or may not be associated with an acute or chronic
pathologic process that causes continuous or intermittent pain over
months or years;
44. 45. "Initial prescription " means a prescription issued to a
patient who:
a. has never not previously been issued a prescription
for the drug or its pharmaceutical equivalent in the
past year, or
b. requires a prescription for the dru g or its
pharmaceutical equivalent due to a surgical procedure
or new acute event and has previously had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, the
practitioner shall consult with the patient and review the medical
record and prescription monitoring information of the patient;
45. 46. "Patient-provider agreement" means a written contract
or agreement that is executed between a practitioner and a patient,
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prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physical
or psychological dependence in the patient and pre vent
the possible development of addiction,
b. document the understanding of both the practitioner
and the patient regarding the patient -provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the obligat ions of the patient in
relation to the responsible use, discontinuation of
use, and storage of opioid drugs, including any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
d. identify the specific me dications and other modes of
treatment, including physical therapy or exercise,
relaxation or psychological counseling, that are
included as a part of the patient -provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient including, but
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
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reason to believe that the patient is not complying
with the terms of the agreement. Compliance with the
"consent items" shall constitute a valid, informed
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for failure to
treat pain if the event occurs because of nona dherence
by the patient with any of the provisions of the
patient-provider agreement;
46. 47. "Serious illness" means a medical illness or physical
injury or condition that substantially affects quality of life for
more than a short period of time. "Serious illness" includes, but
is not limited to, Alzheimer 's disease or related dementias, lung
disease, cancer, heart failure, renal failure, liver failure or
chronic, unremitting or intractable pain such as neuropathic pain;
and
47. 48. "Surgical procedure" means a procedure that is
performed for the purpose of structurally altering the human body by
incision or destruction of tissues as part of the practice of
medicine. This term includes the diagnostic or therapeutic
treatment of conditions or disease pr ocesses by use of instruments
such as lasers, ultrasound, ionizing, radiation, scalpels, probes or
needles that cause localized alteration or transportation of live
human tissue by cutting, burning, vaporizing, freezing, suturing,
probing or manipulating b y closed reduction for major dislocations
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or fractures, or otherwise altering by any mechanical, thermal,
light-based, electromagnetic or chemical means.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 2 -101.1, is
amended to read as f ollows:
Section 2-101.1 In determining whether an object is "drug
paraphernalia", a court or jury shall consider, in addition to all
other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object
concerning its use;
2. The proximity of the object, in time and space, to a direct
violation of the Uniform Controlled Dangerous Substances Act;
3. The proximity of the object to controlled dangerous
substances;
4. The existence of any residue of controlled dan gerous
substances on the object;
5. Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to any person
who intends to use the object to facilitate a violation of the
Uniform Controlled Dangerous Substances Act. The innocence of an
owner, or of anyone in control of the object, as to a direct
violation of this act shall not prevent a finding that the object is
intended for use, or fashioned specifically for use, as drug
paraphernalia;
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6. Instructions, oral or written, provided with the object
which either state directly or imply that the object is to be used
for the consumption of controlled dangerous substances;
7. Descriptive materials accompanying the object which explain
or depict its use as an object for the consumption of controlled
dangerous substances;
8. The manner in which the object is displayed for sale;
9. Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
10. Direct or circumstantial evidence of the ratio of sales of
the object or objects to the total sales of the business enterprise;
11. The existence and scope of legitimate uses for the object
in the community; and
12. Expert testimony concerning its use.
Provided, nothing in this section shall apply to objects in the
possession of harm-reduction services providers as authorized by
Section 3 of this act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-1101 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Until July 1, 2026, the following are hereby authorized to
engage in harm-reduction services:
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1. Government entities including, but not limited to, the State
Department of Health and the Oklahoma Department of Mental Health
and Substance Abuse Services; provided, no state dollars shall be
used to purchase hypodermic needles;
2. Religious institutions or churches;
3. Nonprofit organizations;
4. For-profit companies;
5. Nongovernment entities partnering with a government agency;
and
6. Tribal governments.
B. Those offering harm-reduction services shall register with
the State Department of Health and may engage in the following
activities in order to reduce the use of drugs, prevent outbreaks of
infectious diseases, and reduce morbidity among people who use
injection drugs:
1. Offer referrals and resources to treat substance use
disorders;
2. Provide education on the risk of transmission of infectious
diseases, including human immunodeficiency virus (HIV) and viral
hepatitis;
3. Rapid testing for HIV, hepatitis C, and sexually transmitted
infections (STIs);
4. Referrals for medical and me ntal health services;
5. Collect used hypodermic needles for safe disposal ;
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6. Possess and distribute hypodermic needles, cleaning kits,
test kits, and opioid antagonists; and
7. Rapid substance-testing products used, intended for use, or
fashioned specifically for use in identi fying or analyzing the
potency or toxicity of unknown substances.
C. Registered providers of harm -reduction services shall report
at least quarterly to the State Department of Health:
1. The number of clients served, including b asic demographic
information;
2. Number and type of referrals provided;
3. Number of syringes, test kits, and antagonists distributed;
4. Number of used syringes collected; and
5. Number of rapid HIV and viral hepatitis tests performed,
including the number of reactive test results.
D. The State Department of Health shall promulgate rules for
the implementation of this section.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emer gency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/09/2021 -
DO PASS, As Coauthored.