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SENATE FLOOR VERSION
February 28, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1275 By: Howard
An Act relating to opioid abatement; amending 74 O.S.
2021, Sections 30.5 and 30.8, which relate to the
Political Subdivisions Opioid Ab atement Grants Act;
modifying scope of certain defined terms; deleting
definition; revising criteria for allocatin g opioid
grant awards to eligible participants ; providing for
the reimbursement of attorney fees and allowable
expenses associated with legal services agreements;
requiring initial opioid grant awards to be listed on
a distribution table; updating statutory language;
and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 30.5, is
amended to read as follows:
Section 30.5. As used in the Political S ubdivisions Opioid
Abatement Grants Act:
1. “Approved purpose” and “approved purposes” mean evidence-
based, forward-looking strategies, programming and services used to:
a. expand the availability of treatment for individuals
affected by opioid use diso rders, co-occurring
substance use disorders and mental health issues ,
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b. develop, promote and provide evidence-based opioid use
prevention strategies,
c. provide opioid use disorder and co-occurring substance
use disorder avoidance and awareness educatio n,
d. decrease the oversupply of licit and illicit opioids,
e. support recovery from addiction services performed by
qualified and approp riately licensed providers,
f. treat opioid use, abuse and disorders , including early
intervention screening, counse ling and support,
g. support individuals in treatment and recovery from
opioid use, abuse and disorder,
h. provide programs or services to c onnect individuals
with opioid use, abuse or disorder, or who are at risk
of developing opioid use disorder, co -occurring
substance use disorder and mental health issues, with
treatment and counseling programs and services,
i. address the needs of individu als who are involved, or
who are at risk of becoming involved, in the criminal
justice system due to opioid use, abuse or disorder
through programs or services in municipal and county
criminal judicial systems, including prearrest and
postarrest diversion programs, pretrial services and
drug or recovery courts,
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j. address the needs of pregnant or parenting women wit h
opioid use, abuse or disorder and their families ,
including babies with neo natal abstinence syndrome,
k. address the needs of parents and care givers caring for
babies with neonatal abstinence syndrome,
l. support efforts to prevent overprescribing and ensure
appropriate prescribing and dispensing of opioids,
l. m. support efforts to discourage or prevent misuse of
opioids, including the oversupp ly of licit and illicit
opioids,
m. n. support efforts to prevent or reduce overdose deaths
or other opioid-related harms, including through
increased availability and distribution of nalox one
and other drugs that treat overdoses for use by first
responders, persons who have experienced an overdose
event, families, schools, community -based service
providers, social workers and other members of the
public,
n. o. reimburse or fund law enforcem ent and emergency
responder expenditures relating to the opioid
epidemic, including costs of responding to emergency
medical or police calls for service, equipment,
treatment or response alternatives, mental health
response training and training for law en forcement and
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emergency responders as to appropriate practices and
precautions when dealing with opioids or individuals
who are at risk of opioid overdose or death,
o. p. reimburse attorney fees and allowable expenses
directly related to opioid litigation incurred as part
of legal services agreements entered into before May
21, 2020,
q. support efforts to provide leadership, planning and
coordination to abate the opioid epidemic throu gh
activities, programs or strategies for prevention and
recovery models, including regional intergovernmental
efforts and not-for-profit agency suppor t,
p. r. support education of youths regarding the dangers of
opioid use, abuse and addiction,
q. s. fund training relative to any approved purpose,
r. t. monitor, surveil and eva luate opioid use, abuse or
disorder, or
s. u. provide opioid abatement as ide ntified by the Oklahoma
Opioid Abatement Board as consistent with the purpose
of this act the Political Subdivisions Opioid
Abatement Grants Act .
Provided that, such strategies, programming and services occurred on
or after January 1, 2006 2015;
2. “Board” means the Oklahoma Opioid Abatement Board;
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3. “Eligible participant ” means any political subdiv ision or
first responder organization that obtained legal representati on or
participated in litigation with pharmaceutical supply chain
participants prior to the effective date of this act impacted by the
opioid crisis;
4. “First responder organization” means a nonprofit
organization formed and in good standing under 501(c)(9) of the
Internal Revenue Code , whose primary function is to benefit public
safety employees;
5. “Nonapproved purpose” and “nonapproved purposes ” mean
strategies, programming and services not falling within the
definition of “approved purpose” approved purpose or “approved
purposes” approved purposes as defined in this act section;
6. 5. “Opioid funds” means all monetary amounts obta ined
through a settlement or judgment by the Attorney General on behalf
of the State of Oklahoma this state related to opioid litigation
involving pharmaceutical supply chain participants, including the
Purdue Political Subdivisions Fund but excluding all other funds
received pursuant to the Purdue Settlement Agreement;
7. 6. “Opioid grant awards” means grants funded from the
Oklahoma Opioid Abatement Revolving Fund, aw arded pursuant to the
provisions of this act the Political Subdivisions Opioid Abatement
Grants Act;
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8. 7. “Pharmaceutical supply chain ” means the process and
channels through which controlled substances are manufactured,
marketed, promoted, distributed o r dispensed;
9. 8. “Pharmaceutical supply chain participant” means any
entity that engages in or has engaged in the manufacture, marketing,
promotion, distribution or d ispensing of an opioid analgesic;
10. 9. “Political subdivision ” and “political subdivisions”
have the same meaning as provided in subparagraphs a, b, c and d of
paragraph 11 of Section 152 of Title 51 of the Oklahoma Statutes;
11. 10. “Purdue Political Subdivision Fund” means the Twelve
Million Five Hundred Thousand Dollars ($12,500,000.0 0) plus any
interest accrued thereon received from the Revive Oklahoma Health
Foundation consisting of funds from the Purdue Settlement Agreement
designed for distribu tion to political subdivisions which have
executed a release of legal claims as required by the Purdue
Settlement Agreement; and
12. 11. “Purdue Settlement Agreement” means the settlement
agreement entered into by the State of Oklahoma this state and
Purdue Pharma L.P., Purdue Pharma, Inc. and the Purdue Frederick
Company on March 26, 2019, a nd approved by the Court on April 2,
2019.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 30.8, is
amended to read as follows:
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Section 30.8. A. 1. The Oklahoma Opioid Abatement Board shall
conduct an initial disbursement of opioid grant awards to
participating eligible participants. Such opioid grant awards shall
be allocated amongst the different participati ng eligible
participants based on the following criteria, giving equal weight to
each criteria:
a. the number of people per capita suffering from opioid
use disorder in the participating political
subdivision, or in the absence of such information,
the opioid prescription rate in the political
subdivision compared to the national average opio id
prescription rate,
b. the number of opioid overdose deaths in the
participating political subdivision, and
c. the amount of opioids distributed within the
participating political subdivision , and
d. the amount of attorney fees and allowable expenses
associated with legal services agreemen ts directly
related to opioid litigation incurred as part of legal
services agreements entered into before May 21, 202 0.
2. Grant awards shall be subject to legal services agreements
entered into by participating eligible participants based on the
grant awards.
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3. Initial opioid grant awards as provided for in this
subsection shall be listed in an opioid grant award allocation
matrix distribution table reviewed and approved by the B oard to
ensure that such awards adhere to the criteria as provided in this
subsection adopted by the Board.
B. Following the awarding of opioid grant awards pursuant to
subsection A of this section, any remaining une ncumbered balance in
the Oklahoma Opioid Abatement Revolving Fund shall be available to
the Board to award as gra nts to eligible participants; provided such
awards shall only be utilized by eligible partici pants for approved
purposes.
C. In the event an e ligible participant merges, dissolves or
ceases to exist, any remaining allocations of an awarded opioid
grant award in excess of Five Hundred Dollars ($500.00) shall be
reallocated equitably based on the c omposition of the successor
eligible participant o r the successor eligible participants .
SECTION 3. It being immediately necessary for the preserv ation
of the public peace, health or safety, an emergency is hereby
declared to exist, by rea son whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 28, 2022 - DO PASS AS AMENDED