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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1218 By: Bullard
AS INTRODUCED
An Act relating to controlled dangerous subs tances;
directing State Board of Medical Licensure and
Supervision and State Board of Osteopathic Examiners
to create certain task forces for specified purpose;
providing for membership , meetings, and travel
reimbursement; stating powers and duties; directing
boards to make certain determination upon receipt of
investigative findings ; authorizing and requiring
boards to take certain actions pursuant to certain
determination; amending 63 O.S. 2021, Section 2-304,
which relates to denial, revocation, or suspension of
registration to dispense, prescribe, or administer
controlled dangerous substanc es; adding violation;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as S ection 504.1 of Title 59, unless there
is created a duplication in numbering , reads as follows:
A. The State Board of Medical Licensure and Supervision shall
create a task force for the purpose of investig ating complaints
pertaining to the prescription, dispensing, or administration of
controlled dangerous substances by medical doctors.
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B. 1. The membership of the task force shall consist of:
a. four physicians, each of whom shall be either a
medical doctor or doctor of osteopathy, at least one
of whom shall be board certified in pain management by
a national certification boar d approved by the Board
and, at least two of whom shall practice primarily in
a rural area,
b. one pharmacist licensed in this stat e,
c. one peace officer with experience investigat ing
alleged crimes relating to controlled dangerous
substance, and
d. one attorney licensed in this state.
2. One or more members of the task force may be an employee or
member of the Board. One or more members of the task force may be
members of the task force created by the State Board of Osteopathic
Examiners as provided by S ection 3 of this act.
C. The task force shall have the following powers and duties
to:
1. Investigate all credible complaints submitted to the Board
pertaining to the prescription, dispensing, or administration of
controlled dangerous substances by medical doctors;
2. Issue subpoenas, interview witnesses , and inspect records,
medical facilities, and such other property of a licens ee as may be
necessary to investigate complaints;
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3. Submit findings of investigations to the Board , recommend a
determination by the Board as to whether th e licensee named in the
complaint has violated any provision o f state law pertaining to the
prescription, dispensing, or administration of controlled dangerous
substances including but not limited to paragraph 16 of Section 509
of Title 59 of the Oklahom a Statutes, and recommend disciplinary
action to the Board; and
4. Take such other action as may be necessary, not inconsistent
with state law, to car ry out the powers and duties prescribed by
this subsection.
D. The task force may conduct meetings for t he purpose of
carrying out its prescribed duties. Proceedings of the task force
shall be confidential and shall not be subject to the Oklahoma Open
Meeting Act or the Oklahoma Open Records Act.
E. Members of the task force shall not receive compensat ion;
provided, however, members of the task force may be reimbursed for
necessary travel expenses as prov ided by state law.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 504.2 of Title 59, unless there
is created a duplication in numbering , reads as follows:
Upon receipt by the State Board o f Medical Licensure and
Supervision from the task force created under Section 1 of this act
of findings of investigations a nd recommendations regarding alleged
violations of state law by a licensee pertaining to the
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prescription, dispensing, or administration of controlled dangerous
substances including b ut not limited to paragraph 16 of Section 509
of Title 59 of the Oklaho ma Statutes, the Board shall determine
whether the licensee has violated any such provision of state l aw.
If the Board determines that the licensee has violated any such
provision of state law, the Board:
1. May take appropriate disciplinary action as pr ovided by law;
and
2. Shall notify the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control of the determination of the Board, forward
investigative findings of the task forc e created in Section 1 of
this act to the Bureau, submit any other documents or information
involving the investigation to the Bureau upon request, and
recommend disciplinary acti on to the Bureau pertaining to the
registration of the licensee to prescribe, dispense, or administer
controlled dangerous substances .
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 637.2 of Title 59, unless there
is created a duplication in numbering, reads as fol lows:
A. The State Board of Osteopathic Examiners shall create a task
force for the purpose of investigating complain ts pertaining to the
prescription, dispensing, or administration of controlled dangerous
substances by doctors of osteopathy .
B. 1. The membership of the task force shall consist of:
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a. four physicians, each of who m shall be either a doctor
of osteopathy or a medical doctor, at least one of
whom shall be board certif ied in pain management b y a
national certification board approved by the B oard,
and at least two of whom shall practice primarily in a
rural area,
b. one pharmacist licensed in this st ate,
c. one peace officer with experience investigating
alleged crimes relating to controlled da ngerous
substance, and
d. one attorney licensed in this state.
2. One or more members of the task force may be an employee or
member of the Board. One or more members of the task force may be
members of the task force created by t he State Board of Medica l
Licensure and Supervision as provided by Section 1 of this act.
C. The task force shall have the following powers and duties:
1. Investigate all credible complaints submitted to the Board
pertaining to the prescription, dispensing, or administration of
controlled dangerous substances by doctors of osteopathy;
2. Issue subpoenas, interview witnesses , and inspect records,
medical facilities, and such other property of a licensee as may be
necessary to investigate complaints;
3. Submit findings of invest igations to the Board, recommend a
determination by the Board as to whether the licensee named in the
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complaint has violated a ny provision of state law pertaining to the
prescription, dispensing, or administration of controlled dang erous
substances including but not limited to subparagraph g of paragraph
2 of subsection A of Section 637 of Title 59 of the Oklahoma
Statutes, and recommend disciplinary action to the Board; and
4. Take such other action as may be necessary, not in consistent
with state law, to carry out the powers and duties prescribed by
this subsection.
D. The task force may conduct meetings for the purpose of
carrying out its prescribed duties. Proceedings of the task force
shall be confidential and shall not b e subject to the Oklahoma Open
Meeting Act or the Oklahoma Open Records Act.
E. Members of the task force shall not receive compensation;
provided, however, memb ers of the task force may be reimbursed for
necessary travel expenses as provided by state law.
SECTION 4. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 637.3 of Title 59, unless there
is created a duplication in numbering , reads as follows:
Upon receipt by the State Board of Osteopathic Examiners from
the task force created under Section 3 of this act of findings of
investigations and recommendations regarding alleged violations of
state law by a licensee pertaining to the prescription, dispensing,
or administration of controlled danger ous substances including but
not limited to subparagraph g of paragraph 2 of subsect ion A of
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Section 637 Title 59 of the Oklahoma Statutes , the Board shall
determine whether the licensee has violated any such provision of
state law. If the Board deter mines that the licensee has violated
any such provision of state law, the Board:
1. May take appropriate disciplinary action as provided by law ;
and
2. Shall notify the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control of the determination of the Board, forward
investigative findings of the task force created in Section 3 of
this act to the Bureau, submit any other documents or information
involving the investigation to the Bureau upon request, and
recommend disciplinary action to the Bureau pertaining to the
registration of the licensee to prescribe, dispense, or administer
controlled dangerous substances .
SECTION 5. AMENDATORY 63 O.S. 2021, Section 2-304, is
amended to read as follows:
Section 2-304. A. A registration, pursuant to Section 2-303 of
this title, to manufacture, distribute, dispense, prescribe,
administer or use for scientific purposes a controlled dangerous
substance shall be limited, conditioned, denied, suspended or
revoked by the Director upon a finding that the registrant:
1. Has materially falsified any ap plication filed pursuant to
the Uniform Controlled Dangerous Substances Act or required by the
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Uniform Controlled Dangerous Substances Act . It shall be unlawful
to knowingly and willfully:
a. make false statements, include false data or omit
material information on an application for a
registration with the Oklahoma State Bureau of
Narcotics and Dangerous Drug s Control, or
b. provide false data or omit material information in any
records or reports required by rule or law to be
created, maintained or submi tted to the Bureau.
Any registrant or applicant for a registration or any official,
agent or employee of an y registrant or applicant for a registration
who violates the provisions of this paragraph shall be guilty of a
misdemeanor and additionally subject to administrative action;
2. Has been found guilty of, entered a plea of guilty or
entered a plea of nolo contendere to a misdemeanor relating to any
substance defined herein as a controlled dangerous substan ce or any
felony under the laws of any state or the United States;
3. Has had his or her federal registration retired, suspended
or revoked by a competen t federal authority and is no longer
authorized by federal law to manufacture, distribute, dispense,
prescribe, administer or use for scientific purp oses controlled
dangerous substances;
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4. Has failed to maintain effective controls against the
diversion of controlled dangerous substances to unau thorized persons
or entities;
5. Has prescribed, dispensed o r administered a controlled
dangerous substance from schedules other than those specified in his
or her state or federal registration;
6. Has had a restriction, suspension, revocation, limitat ion,
condition or probation placed on his or her professional l icense or
certificate or practice as a result o f a proceeding pursuant to the
general statutes;
7. Is abusing or, within the past five (5) years, has abu sed or
excessively used drugs or contr olled dangerous substances;
8. Has prescribed, sold, administer ed or ordered any controlled
substance for an immediate family member, himself or herself;
provided that this shall not apply to a medical emergency when no
other doctor is available to respo nd to the emergency;
9. Has possessed, used, prescribed, dispens ed or administered
drugs or controlled dangerou s substances for other than legitimate
medical or scientific purposes or for purposes outside the normal
course of his or her professional prac tice;
10. Has been under the influence of alcohol or another
intoxicating substance which adversely affected the central nervous
system, vision, hearing or other sensory or motor functioning to
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such degree the person wa s impaired during the performance o f his or
her job; or
11. Has violated any federal law relating to any controlled
substances, any provision of the Uniform Controlled Dangerous
Substances Act or any rules of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control ; or
12. a. If the registrant is a medical doctor, has violated
any state law other than the Uniform Controlled
Dangerous Substances Act pertaining to the
prescription, dispensing, or administration of
controlled dangerous substances as determined by the
State Board of Medical Licensure and Supervision under
Section 2 of this act including but not limited to
paragraph 16 of Section 509 of Title 59 of the
Oklahoma Statutes, or
b. If the registrant is a doctor of osteopathy, has
violated any state law other than the Uniform
Controlled Dangerous Substances Act pertaining to the
prescription, dispensing, or administration of
controlled dangerous substances as determined by the
State Board of Osteopathic Examiners under Section 4
of this act including but not limited to subparagraph
g of paragraph 2 of subsection A of Section 637 of
Title 59 of the Oklahoma Statutes.
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B. In the event the Director suspends or revokes a registration
granted under Section 2 -303 of this title, all controlled dangerous
substances owned or possessed by the registrant pursuant to such
registration at the time of d enial or suspension or the effective
date of the revocation order, as the case may be, may in the
discretion of the Director be impounded and preserved. No
disposition may be made of substances impounded and preserved until
the time for taking an appeal h as elapsed or until all appeals have
been concluded unless a court, upon application therefor, orders the
sale of perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation order becoming final, all
such controlled dangerous substances shall be forfeited to the
state.
C. The Drug Enforcement Administration shall promptly be
notified of all orders suspending or revoking registration and all
forfeitures of controlled dangerous substances.
D. In lieu of or in additio n to any other remedies available to
the Director, if a finding is made that a registrant has committed
any act in violation of federal law relating to any controlled
substance, any provision of the Uniform Controlled Dangerous
Substances Act or any rules of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Director is hereby
authorized to assess an administrative penalty not to exceed Two
Thousand Dollars ($2,000.00) for each such act. The provisions of
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this subsection shall not appl y to violations of subsection G of
Section 2-309D of this title. Nothing in this section shall be
construed so as to permit the Director of the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control to assess administrative
fines for violations of the prov isions of subsection G of Section 2-
309D of this title.
SECTION 6. This act shall become effective November 1, 2022.
58-2-2466 DC 1/7/2022 10:58:25 AM