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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1438 By: Allen
AS INTRODUCED
An Act relating to substance abuse services; amending
43A O.S. 2021, Section 3 -601, which relates to opioid
substitution treatment progra ms; prohibiting sale or
dispensing of methadone for unsupervised use; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 3-601, is
amended to read as follows:
Section 3-601. A. Any Class II controlled dangerous substance,
when used in this state by an opioid substitu tion treatment program
for persons with a history of opioid addiction to or physiologic
dependence on controlled dangerous substances, shall only be used:
1. In treating pers ons with a history of addiction ;
2. In treating persons with a one -year history of opioid
addiction to or physiologic dependence on controlled dangerous
substances, as defined by the Code of Federal Regu lations, and
documentation of attempting another type of treatment; or
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3. If clinically appropriate, the program physician may waive
the requirement of a one -year history of opioid addiction for
consumers within six (6) months of release from a penal inst itution,
for consumers with a pregnancy verified by the program physician, or
for consumers having previously received treatment for opioid
addiction and within two (2) years of discharge from that treatmen t
episode.
B. Any conviction for a violation of t he provisions of this
section or any rules promulgated pursuant to the provisions of this
section shall be a felony.
C. For the purposes of this section, "opioid substitution
treatment program" means a person, private physician, or
organization that admin isters or dispenses an opioid drug to a
narcotic addict for the purposes of detoxification or maintenance
treatment or provides, when necessary and appropriate, comprehensive
medical and rehabilitation serv ices. A private physician who
administers buprenorphine with a waiver from the Drug Enforcement
Administration shall not be considered an opioid substitution
treatment program. An o pioid substitution treatment program shall
be certified by the Board of M ental Health and Substance Abuse
Services, or the Commissioner of Mental Health and Substance Abuse
Services upon delegation by the Board, and registered with the
federal Drug Enforce ment Administration for the use of an opioid
drug to treat narcotic addic tion.
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D. The Board of Mental Health and Substance Abuse Services
shall promulgate rules and standards for the certification of all
programs, private facilities, and organizations whi ch provide opioid
substitution treatment directed to those physiologicall y dependent
on or addicted to opioids. These faci lities and organizations shall
be known as "Opioid Substitution Treatment Programs " "opioid
substitution treatment program s". Only certified facilities may
receive and assist opioid-dependent and addicted persons by
providing Class II controlled substanc es in opioid substitution
treatment and rehabilitation.
E. The Board of Mental Health and Substance Abuse Services
shall promulgate rules and standards regulating the treatme nt and
services provided by opio id substitution treatment programs.
Failure to comply with rules and standards promulgated by the Board
shall be grounds for revocation, suspension or nonrenewal of
certification.
F. Opioid substitution treatment programs shall notify the
Department of Mental Health and Substance Abuse Services of plan s to
close or relocate within a minimum of thirty (30) days prior to
closure or relocation.
G. Failure to comply with rules and standards promulgated by
the Board of Mental H ealth and Substance Abuse Servic es pursuant to
this section shall be grounds for reprimand, suspension, revocation
or nonrenewal of certification.
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H. An opioid substitution treatment program or any other
healthcare provider or healthcare facility shall not sell or
dispense methadone to any consumer for unsupervised us e. The opioid
substitution treatment pro gram or other provider or facility may
only administer or dispense meth adone to a consumer for onsite
consumption.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2393 DC 1/19/2022 4:18:52 PM