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CORRECTED
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1246 By: McCall, Hill and Fugate of
the House
and
Treat of the Senate
COMMITTEE SUBSTITUTE
An Act relating to public health; amending 63 O.S.
2011, Section 2-309C, as last amended by Section 73,
Chapter 15, O.S.L. 2013 (63 O.S. Supp. 2020, Section
2-309C), which relates to dispensers of controlled
dangerous substances; allowing use of a Soc ial
Security number when a state -issued identification
card is expired; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 2 -309C, as
last amended by Section 73, Chapter 15, O.S.L. 2013 (63 O.S. Supp.
2020, Section 2-309C), is amended to read as follows:
Section 2-309C. A. A dispenser of a Schedule II, III, IV or V
controlled dangerous substance dispensed pursuant to a valid
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prescription shall transmi t to a central repository designated by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
using the American Society for Automation in Pharmacy's (ASAP)
Telecommunications Format for Controlled Substances version
designated in rules by the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, the following information for each
dispensation:
1. Recipient's and recipient's agent's name;
2. Recipient's and recipient's agent's address;
3. Recipient's and recipient's agent's date of birth;
4. Recipient's and recipient's agent's identification number;
5. National Drug Code number of the substance dispensed;
6. Date of the dispensation;
7. Quantity of the substance dispensed;
8. Prescriber's United States Drug Enforcement Agency
registration number;
9. Dispenser's registration number; and
10. Other information as required by administrative rule.
B. The information required by this section shall be
transmitted:
1. In a format or other media designated acceptable by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; and
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2. Within twenty-four (24) hours of the time that the substance
is dispensed. Beginning January 1, 2012, all information shall be
submitted on a real-time log.
C. When a prescription is written or dispensed to a resident of
a nursing home or a person who is under the care of a hospice
program licensed pursuant to the provisions of the Oklahoma Hospice
Licensing Act who does not have an identification card issued by the
state or another form of a recipient identification number pursuant
to Section 2-309B of this title, a Social Security number may be
used for the purpose of complying with the reporting requirements
provided for in this section.
D. When a prescription is written or dispensed to a p erson
whose state-issued identification card has been expired for no more
than one (1) year, and who does not possess another form of a
recipient identification number pursuant to Section 2 -309B of this
title, a Social Security number may be used for the p urpose of
complying with the reporting requirements provided for in this
section.
E. Willful failure to transmit accurate information as required
by this section shall be a misdemeanor punishable, upon conviction,
by not more than one (1) year in the coun ty jail, or by a fine of
not more than One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine, or administrative action may be taken
pursuant to Section 2 -304 of this title.
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E. F. The Director of the Bureau shall have the authority to
allow paper submissions on a form designated by the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, if the dispenser
has an appropriate hardship.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency 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 RULES, dated 03/08/2021 - DO PASS,
As Amended and Coauthored.