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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1151 By: Standridge of the Senate
and
Worthen of the House
An Act relating to the Anti-Drug Diversion Act;
amending 63 O.S. 2021, Sections 2-309B and 2-309D,
which relate to definitions and central repository
information; modifying definition ; prohibiting and
allowing certain disc losures; providing for
confidentiality of certain records ; updating
statutory language; and declaring an emergenc y.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -309B, is
amended to read as follows:
Section 2-309B. For the purposes of the Anti -Drug Diversion
Act:
1. “Bureau” means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Contr ol;
2. “Dispenser” means a person who distributes a Schedule II
controlled dangerous substance, but does not include a licensed
hospital pharmacy or a licensed nurse o r medication aide who
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administers such a substance at the direction of a licensed
physician;
3. “Dispenser’s registration number” means the dispenser’s
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
registration number or, in the case of a pharmacist, the National
Association of Boards of Pharmacy number for the pharmacy wher e the
dispensation is made;
4. “Exception report” means an output of da ta indicating
Schedule II controlled dangerous substance dispensation which is
outside expected norms for a prescriber practicing a particular
specialty or field of health care, for a dispenser doing business in
a particular location, or for a recipient;
5. “Recipient” means the person for whom a prescription is
prescribed and who is the lawful inte nded ultimate user;
6. “Recipient’s agent” means a person who is authorized by the
ultimate user to pick up the recipient’s medication and deliver it
to the recipient or a person who c laims a prescription other than
the person to whom the medication is pr escribed;
7. “Recipient’s identification number” and “recipient’s agent’s
identification number” means the unique number contained on a valid
passport, military identification card, dr iver license, or
identification card issued to a recipient pursuant to Section 6-105
of Title 47 of the Oklahoma Statutes or similar statute of another
state if the recipient is not a resident of the State of Oklahoma,
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or, if the recipient is less than ei ghteen (18) years old and has no
such identification, the unique number contained on a valid
passport, military identification card, driver license, or
identification card issued to the recipient’s parent or guardian
pursuant to Section 6-105 of Title 47 of the Oklahoma Statutes or
similar statute of another state if the paren t or guardian is not a
resident of the State of Oklahoma, or, if the controlled dangerou s
substance is obtained for an animal, the unique number contained on
the animal owner’s valid driver license or identification card
issued pursuant to Section 6 -105 of Title 47 of the Oklahoma
Statutes or similar statute of another state if the owner is n ot a
resident of the State of Oklahoma. Nonresident drug outlets
registered pursuant to the O klahoma Pharmacy Act and resident drug
outlets defined in Section 353.1 of Title 59 of the Oklahoma
Statutes are exempt from the picture identification requiremen t if
the nonresident and resident drug outlets have obtained the
identification of the patient through the prescription benefit plan
of the patient forms of identificat ion listed in 8 CFR
274a.2(b)(1)(v)(A) and (B);
8. “Registrant” means a person, persons , corporation or other
entity who has been issued by the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control a registration
pursuant to Section 2-302 of this title; and
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9. “State” means any state, territory, or possession of the
United States, the District of Columbia, or foreign nation.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -309D, is
amended to read as follows :
Section 2-309D. A. The information collected at the cent ral
repository pursuant to t he Anti-Drug Diversion Act shall be
confidential and shall not be ope n to the public. Access to the
information shall be limited to:
1. Peace officers certified pursu ant to Section 3311 of Title
70 of the Oklahoma Statutes who are employed as investigati ve agents
of the Oklahoma State Bureau of Narcotics and Dangerous Dru gs
Control;
2. The United State s Drug Enforcement Administ ration Diversion
Group Supervisor;
3. The executive director or chief investigator, as designated
by each board, of the followi ng state boards:
a. Board of Podiatric Medical Examine rs,
b. Board of Dentistry,
c. State Board of Pharmacy,
d. State Board of Medical Licensure and Supervision,
e. State Board of Osteopathic Exami ners,
f. State Board of Veterinary Medical Examiners,
g. Oklahoma Health Care Authority,
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h. Department of Mental Health and Substance Abuse
Services,
i. Board of Examiners in Optometry,
j. Oklahoma Board of Nursing,
k. Office of the Chief Medical Examiner, and
l. State Board of Health;
4. A multicounty grand jury properly convened pursuant to the
Multicounty Grand Jury Act;
5. Medical practiti oners employed by the Unite d States
Department of Veterans Affairs, the United States Military, or other
federal agencies treating patients in th is state;
6. At the discretion of the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Dru gs Control, medical
practitioners and their staff, including those employed by the
federal government in this state ; and
7. The members of the Opioi d Overdose Fatality Rev iew Board for
the purpose of carrying out the duties prescribed by Section 2 -1001
of this title.
B. This section shall not prevent access, at the discretion of
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, to investig ative information by peace officers and
investigative agents of federal, state, trib al, county or municipal
law enforcement agencies, district attorneys and the Attor ney
General in furtherance of crimin al, civil or administrative
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investigations or prosecut ions within their respective
jurisdictions, designated legal, communications, and an alytical
employees of the Burea u, and to registrants in furtherance of
efforts to guard against the diversion of contr olled dangerous
substances.
C. This section shall not prevent the disclosure, at the
discretion of the Director of the Oklahoma State Bur eau of Narcotics
and Dangerous Drugs Control, of statistical information gathered
from the central repository to the g eneral public which shall be
limited to types and quan tities of controlled substances dispensed
and the county where dispensed for statistical, rese arch, substance
abuse prevention, or educational purposes, provided that consumer
confidentiality is not com promised.
D. This section shall not prevent the discl osure, at the
discretion of the Director of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, of prescription-monitoring-program
information to prescription-monitoring programs of othe r states
provided a reciprocal data-sharing agreement is in place.
E. The Department of Mental Health and Substance Abuse Services
and the State Department of Health ma y utilize the information in
the central repository for statistical, research, substanc e abuse
prevention, or educational purposes, provided that consumer
confidentiality is not compromised.
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F. Any unauthorized disclosure of any information collected at
the central repository provided by the Anti -Drug Diversion Act shall
be a misdemeanor. Violation of the provisions of this section shall
be deemed willful neglect of duty and shall be grounds for removal
from office.
G. 1. Registrants shall have access t o the central repository
for the purposes of patien t treatment and to aid in the
determination in prescribing or screening new patients. The
physician or designee shall provide, upon request by the patient,
the history of the patient or the query histor y of the patient.
2. a. Prior to prescribing or autho rizing for refill, if one
hundred eighty (180) days have elapse d prior to the
previous access and check, of opiates, synthetic
opiates, semisynthetic opiates, benzodiazepin e or
carisoprodol to a patient of record, registrants or
members of their medical or administrative staff shall
be required to access the informati on in the central
repository to assess medical necessity and the
possibility that the patient may be unlawful ly
obtaining prescription drug s in violation of the
Uniform Controlled Dangerous Sub stances Act. The duty
to access and check shall not alter or o therwise amend
appropriate medical standards of care. The registrant
or medical provider shall note in the p atient file
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that the central repository has been checked and may
maintain a copy of the information.
b. The requirements set forth in subparagraph a of this
paragraph shall not apply:
(1) to medical practitioners who prescribe the
controlled substances set forth in subparagraph a
of this paragraph for hospice or end -of-life
care, or
(2) for a prescription of a controlled su bstance set
forth in subparagraph a of this paragraph that is
issued by a practitioner for a patient residing
in a nursing facility as d efined by Section 1-
1902 of this title, provided that the
prescription is issued to a resident of such
facility.
3. Registrants shall not be liabl e to any person for any cla im
of damages as a result of accessing or failing to access the
information in the central repository and no lawsuit may be
predicated thereon.
4. The failure of a r egistrant to access and check the ce ntral
repository as require d under state or federal la w or regulation may,
after investigation, be grounds for the licensing board of th e
registrant to take disc iplinary action against the registrant.
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H. The State Board of Podiatric Medical Examiners, the State
Board of Dentistry, the State Board of Medical Licensure and
Supervision, the State Board of Examiners in Optometry, the State
Oklahoma Board of Nursing, the Stat e Board of Osteopathic Examiners
and the State Board of Veterinary Medical Examiners sh all have the
sole responsibility for enforcement of the pro visions of subsection
G of this section. Nothing in this section shall be construed s o as
to permit the Director of the State Bureau of Narcot ics and
Dangerous Drugs Control to assess administrati ve fines provided for
in Section 2-304 of this title.
I. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, or a designee thereof, sha ll provide a
monthly list to the D irectors of the State Board of Podiatric
Medical Examiners, the State Board of Dentistry, the State Board of
Medical Licensure and Supervision, the State Board of Examiners in
Optometry, the State Oklahoma Board of Nursing, the Sta te Board of
Osteopathic Examiners and the State Board of Veterinary Medical
Examiners of the top twenty prescribers of controlled dangerous
substances within their respective areas of jurisdiction. Upon
discovering that a registrant is prescribing outside the limitations
of his or her licensu re or outside of drug registration rules or
applicable state laws, the respective licensing board shall be
notified by the Bureau in writing. Suc h notifications may be
considered complaints for the purpose of investig ations or other
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actions by the respect ive licensing board. Licensing boards sh all
have exclusive jurisdiction to take action against a licensee for a
violation of subsection G of this section.
J. Information regarding fatal and non fatal overdoses, other
than statistical information as requir ed by Section 2-106 of this
title, shall be completely confidential. Access to this information
shall be strictly limited to the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control or desig nee, the
Chief Medical Examiner, state agencies and boards provided in
subsection A of this section, and the registrant that enters the
information. Registrants shall not be liable to any person for a
claim of damages for information reported pursuant to the provisions
of Section 2-105 of this title.
K. The Director of the Oklahom a State Bureau of Narcotics and
Dangerous Drugs Control shall provide adequate means and procedures
allowing access to central repository information for re gistrants
lacking direct computer access.
L. Upon completion of an investigation in which it is
determined that a death was caused by an overdose, either
intentionally or unintentionally, of a controlled da ngerous
substance, the medical examiner shall be required to report t he
decedent’s name and date of birth to t he Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control. The Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall be re quired to maintain
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a database containing the clas sification of medica l practitioners
who prescribed or authori zed controlled dangerous substances
pursuant to this subsection.
M. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control is authorized to provide unsolicited notification to the
licensing board of a pharmacist or practitioner if a patient ha s
received one or more prescripti ons for controlled substances in
quantities or with a frequency inconsistent with generally
recognized standards of safe practice. An unsolicited notification
to the licensing board of the pr actitioner pursuant to this sec tion:
1. Is confidential;
2. May not disclose information that is confidential pursuant
to this section; and
3. May be in a summary form suffic ient to provide notice of the
basis for the unsolicited notification.
N. Except as otherwise provide d for in subsections A and B of
this section, any information collected at the ce ntral repository,
as outlined in Section 2-309C of this title, shall:
1. Be confidential by law and privileged;
2. Not be subject to the Oklahoma Open Records Act;
3. Not be subject to subpoena; and
4. Not be subject to d iscovery or admissible in evide nce in any
private civil action.
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SECTION 3. It being immediately necessary for the preser vation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shal l take effect and
be in full force from and after its passa ge and approval.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/14/2022 - DO PASS.