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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2676 By: Marti
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2011, Section 2 -309, as last amended by
Section 1, Chapter 255, O.S.L. 2018 (63 O.S. Supp.
2020, Section 2-309), which relates to the Uniform
Controlled Dangerous Substances Act; updating name of
agency; exempting certain practitioners from
electronic prescription requirements for controlled
dangerous substances; allowing for the utilization of
electronic prescriptions under certain circumstances;
modifying internal statutory references; requiring
practitioners to register with certain agency in
order to purchase prescription forms; removing fee
exemption and time period for valid registrations;
directing practitioners to purchase prescription
forms from list of approved vendors; allowing certain
content to be included on prescription forms;
expanding definition to allow for the inclusion of
certain information on electronic prescri ptions;
clarifying authority of licensed practitioners to
purchase prescription forms; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 2-309, as
last amended by Section 1, Chapter 255, O.S.L. 2018 (63 O.S. Supp.
2020, Section 2-309), is amended to read as follows:
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Section 2-309. A. 1. Except for dosages medically required
for a period not to exceed forty -eight (48) hours which are
administered by or on direction of a practitioner, other than a
pharmacist, or medication dispensed directly by a practitioner,
other than a pharmacist, to an ultimate user, no controlled
dangerous substance included in Schedule II, which is a prescription
drug as determined under regulation promulgated by the State Board
of Pharmacy, shall be dispensed without an electronic prescription
of a practitioner; provided, that in emergency situations, as
prescribed by the State Board of Pharmacy by regulation, such d rug
may be dispensed upon oral prescription reduced promptly to writing
and filed by the pharmacist in a manner to be prescribed by rules
and regulations of the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control.
2. Electronic prescribing shall be utilized for Schedules II,
III, IV, and V, subject to the requirements set forth in 21 CFR,
Section 1311 et seq.
3. An electronic prescription with electronic signature may
serve as an original prescription, subject to the requirement s set
forth in 21 CFR, Section 1311 et seq.
4. Prescriptions shall be retained in conformity with the
requirements of this section and Section 2 -307 of this title. No
prescription for a Schedule II substance may be refilled.
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5. The electronic prescripti on requirement provided for in this
section shall not apply to prescriptions for controlled dangerous
substances issued by any of the following:
a. a person licensed to practice veterinary medicine,
b. a practitioner who experiences temporary technological
or electrical failure or other extenuating
circumstance that prevents the prescription from being
transmitted electronically; provided, however, that
the practitioner documents the reason for this
exception in the medical record of the patient,
c. a practitioner, other than a pharmacist, who dispenses
directly to an ultimate user,
d. a practitioner who orders a controlled dangerous
substance to be administered through an on -site
pharmacy in:
(1) a hospital as defined in Section 1 -701 of this
title,
(2) a nursing facility as defined in Section 1 -1902
of this title,
(3) a hospice inpatient facility as defined in
Section 1-860.2 of this title,
(4) an outpatient dialysis facility,
(5) a continuum of care facility as defined in
Section 1-890.2 of this title, or
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(6) a penal institution listed in Section 509 of
Title 57 of the Oklahoma Statutes,
e. a practitioner who writes a prescription to be
dispensed by a pharmacy located on federal property,
provided the practitioner documents the reason for
this exception in the medical record of the patient,
or
f. a practitioner that has received a waiver or extension
from his or her licensing board ,
g. a practitioner who prescribes a controlled dangerous
substance for a supply that when taken as prescribed
would be consumed within seventy-two (72) hours, or
h. a practitioner who determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk .
6. Electronic prescriptions shall not may be utilized under the
following circumstances:
a. compound compounded prescriptions containing two or
more commercially available products or two or more
active pharmaceutical ingredients ,
b. compounded infusion prescriptions containing two or
more commercially available products or two o r more
active pharmaceutical ingredients , or
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c. prescriptions issued under approved research
protocols, or
d. if the practitioner determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk .
7. A pharmacist who receives a written, oral or facsimile
prescription shall not be required to verify that the prescription
falls under one of the exceptions provided for in paragraph 6 of
this subsection. Pharmacists may continue to dispense medications
from otherwise valid written, oral or facsimile prescriptions that
are consistent with the provisions of this act.
8. Practitioners shall indicate in the health record of a
patient that an exception to the electronic prescription requirement
was utilized.
9. All prescriptions issued pursuant to paragraphs paragraph 5
and subparagraph c of paragraph 6 of this subsection shall be issued
on an official prescription form provided approved by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control.
10. a. Effective January 1, 2020, practitioners Practitioners
shall register be registered with the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control in
order to be issued purchase official prescription
forms. Such registration shall include, but not be
limited to, the primary address and the address of
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each place of business to be imprinted on official
prescription forms. Any change to a registered
practitioner's registered address shall be promptly
reported to the practitioner 's licensing board and the
Bureau by the practitioner in a manner approved by the
Bureau.
b. A practitioner's registration shall be without fee and
subject to approval by the Bureau. Such registration
shall be valid for a period of two (2) years and may
be denied, suspended or revoked by the Bureau upon a
finding by the Bureau or licensing board that the
registered practitioner has had any license to
practice a medical profession revoked or suspended by
any state or federal agency.
c. Where the Bureau has revoked the re gistration of a
registered practitioner, the Bureau may revoke or
cancel any official prescription forms in the
possession of the registered practitioner. Any
revocation or any suspension shall require the
registered practitioner to return all unused offi cial
prescription forms to the Bureau within fifteen (15)
calendar days after the date of the written
notification.
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d. c. A practitioner that has had any license to practice
terminated, revoked or suspended by a state or federal
agency may, upon restoratio n of such license or
certificate, register to be issued official
prescription forms with the Bureau.
11. a. Except as provided in subparagraph f of this
paragraph, the Bureau shall issue official Official
prescription forms free of charge only to registere d
practitioners in this state. Such forms shall not be
transferable. The number of official prescription
forms issued to a registered shall be purchased at the
expense of the practitioner at any time shall be at
the discretion of or the employer of the p ractitioner
from a list of vendors approved by the Bureau.
b. Official prescription forms issued to a registered
practitioner shall be imprinted only with the primary
address and may include other addresses listed on the
registration of the practitioner to identify the place
of origin. Such prescriptions shall be sent only to
the primary address of the registered practitioner.
c. Official prescription forms issued to of a registered
practitioner shall be used only by the practitioner to
whom they are issued designated on the official
prescription form.
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d. The Bureau may revoke or cancel official prescription
forms in possession of registered practitioners when
the license of such practitioner is suspended,
terminated or revoked.
e. Official prescription for ms of registered
practitioners who are deceased or who no longer
prescribe shall be returned to the Bureau at a
designated address. If the registered practitioner is
deceased, it is the responsibility of the registered
practitioner's estate or lawful desi gnee to return
such forms.
f. The Bureau may issue official prescription forms to
employees or agents of the Bureau and other government
agencies for the purpose of preventing, identifying,
investigating and prosecuting unacceptable or illegal
practices by providers and other persons and assisting
in the recovery of overpayments under any program
operated by the state or paid for with state funds.
Such prescription forms shall be issued for this
purpose only to individuals who are authorized to
conduct investigations on behalf of the Bureau or
other government agencies as part of their official
duties. Individuals and agencies receiving such
prescription forms for this purpose shall provide
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appropriate assurances to the Bureau that adequate
safeguards and security measures are in place to
prevent the use of such prescription forms for
anything other than official government purposes.
12. a. Adequate safeguards and security measures shall be
undertaken by registered practitioners holding
official prescriptio n forms to assure against the
loss, destruction, theft or unauthorized use of the
forms. Registered practitioners shall maintain a
sufficient but not excessive supply of such forms in
reserve.
b. Registered practitioners shall immediately notify the
Bureau, in a manner designated by the Bureau, upon
their knowledge of the loss, destruction, theft or
unauthorized use of any official prescription forms
issued to them, as well as the failure to receive
official prescription forms within a reasonable time
after ordering them from the vendor approved by the
Bureau.
c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of any diversion or
suspected diversion of drugs pursuant to the loss,
theft or unauthorized use of prescriptions.
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B. 1. Except for dosages medically required for a period not
to exceed seventy-two (72) hours which are administered by or on
direction of a practitioner, other than a pharmacist, or medication
dispensed directly by a practitioner, other than a pharmacis t, to an
ultimate user, or the circumstances provided for in paragraphs 5 and
6 of subsection A of this section, no controlled dangerous substance
included in Schedule III or IV, which is a prescription drug as
determined under regulation promulgated by th e State Board of
Pharmacy, shall be dispensed without an electronic prescription.
2. Any prescription for a controlled dangerous substance in
Schedule III , IV or V may not be filled or refilled more than six
(6) months after the date thereof or be refill ed more than five
times after the date of the prescription, unless renewed by the
practitioner.
C. Whenever it appears to the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control that a drug not
considered to be a prescription dr ug under existing state law or
regulation of the State Board of Pharmacy should be so considered
because of its abuse potential, the Director shall so advise the
State Board of Pharmacy and furnish to the Board all available data
relevant thereto.
D. 1. "Prescription", as used in this section, means a
written, oral or electronic order by a practitioner to a pharmacist
for a controlled dangerous substance for a particular patient, which
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specifies the date of its issue, and the full name and address of
the patient and, if the controlled dangerous substance is prescribed
for an animal, the species of the animal, the name and quantity of
the controlled dangerous substance prescribed, the directions for
use, the name and address of the owner of the animal and, if
written, the signature of the practitioner. When electronically
prescribed, the full name of the patient may include the name and
species of the animal.
2. "Registered practitioner ", as used in this section, means a
licensed practitioner duly register ed with the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control authorized to be issued
purchase official prescription forms.
E. No person shall solicit, dispense, receive or deliver any
controlled dangerous substance through the mail, unless t he ultimate
user is personally known to the practitioner and circumstances
clearly indicate such method of delivery is in the best interest of
the health and welfare of the ultimate user.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5629 GRS 12/23/20