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SENATE FLOOR VERSION
February 8, 2022
SENATE BILL NO. 1440 By: Jech
An Act relating to the Uniform Controlled Dange rous
Substances Act; amending 63 O.S. 202 1, Section 2-303,
which relates to the registration and regulation of
manufacture, distribution, dispensing, prescribing,
administering, and using for scientific purposes of
controlled dangerous substances; increasing certain
registration fee; updating statutory reference; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -303, is
amended to read as follows:
Section 2-303. A. The Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall regist er an applicant to
own a medical facility as described in subsection C of Section 2 -302
of this title, or to manufacture, distribu te, dispense, prescribe,
administer or use for scientific purposes controlled dangerous
substances included in Schedules I thr ough V of Section 2-101 et
seq. of this title unless the Director determines that the issuance
of such registration is inconsisten t with the public interest. In
determining the public interest, the following factors shall be
considered:
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1. Maintenance of effective controls against diversion of
particular controlled dangerous substances and any Schedule I or II
substance compounded therefrom into other than legitimate medic al,
scientific or industrial channels , including examination of the
fitness of his or her employees or agents to handle dangerous
substances;
2. Compliance with applicable state and local law;
3. Has been found g uilty of, entered a plea of guilty or nolo
contendere to a charge under the Uniform Controlled Dangerous
Substances Act or any other state or federal law relating to any
substance defined herein as a controlled dangerous substance or any
felony under the laws of any state or the United States;
4. Furnishing by the applicant false or fraudulent material
information in any applica tion filed under Section 2-101 et seq. of
this title;
5. Past experience in the manufacture, distribution,
dispensing, prescribin g, administering or use for scientific
purposes of controlled dangerous substances, and the existence in
the establishment of effective controls against diversion;
6. Denial, suspension or revocation of the applicant ’s federal
registration to manufacture, distribute or dispense controlled
dangerous substances as authorized by federal law; and
7. Such other factors as may be rel evant to and consistent with
the public health and safety.
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Nothing herein shall be deemed to require individual licensed
pharmacists to register under the provisions of the Uniform
Controlled Dangerous Substances Act.
B. Registration granted under subsect ion A of this section
shall not entitle a registrant to manufacture, distribute, dispense,
prescribe, administer or use for scient ific purposes controlled
dangerous substances in Schedule I or II other than those specified
in the registration.
C. Practitioners shall be registered to dispense, prescribe,
administer or use for scientific purposes substances in Schedules II
through V if they are authorized to carry on their re spective
activities under the laws of this state. A registration application
by a practitioner who wishes to conduct research with Schedule I
substances shall be accompanied by evidence of the applicant ’s
federal registration to conduct such activity and shall be referred
to the Medical Research Commission for advice. The Medical Resear ch
Commission shall promptly advise the Director concerning the
qualifications of each practitioner requesting such registration.
Registration for the purpose of bona fide research or of use for
scientific purposes with Schedule I substances by a practiti oner
deemed qualified by the Medical Research Commission may be denied
only on a ground specified in subsection A of Section 2 -304 of this
title or if there are reasonable grounds to believe that the
applicant will abuse or unlawfully transfer such substan ces or fail
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to safeguard adequately such applicant ’s supply of such substances
against diversion from legitimate medical or scient ific use.
D. 1. The Director shall initi ally permit persons to register
who own or operate any establishment engaged in the manufacture,
distribution, dispensing, prescribing, administering or use for
scientific purposes of any controlled dangerous subst ances prior to
June 4, 1991, and who are r egistered or licensed by the state. Fees
for registration under this section shall be as follows:
Practitioners and mid-level
practitioners $140.00 per year
of registration
Home Care Agencies, Hospices &
Home Care Services $140.00 annually
Medical Facility Owners $300.00 annually
Distributors $300.00 annually
Manufacturers $500.00 $2,500.00 annually
Manufacturer, Wholesaler, or
Distributor of drug products
containing pseudoephedrine
or phenylpropanolamine $300.00 annually
2. A registrant shall be require d to pay double the amount of
the above-listed fee for any renewal of registration r eceived more
than thirty (30) days late.
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3. A Ten Dollar ($10.00) fee shall be charged for a duplicate
registration certificate.
E. Compliance by manufacturers and distri butors with the
provisions of the Federal Controlled Substances Act, 21 U.S.C.,
Section 801 et seq., respecting registration, excluding fees, shall
be deemed sufficient to qualify for registration under this act
Section 2-101 et seq. of this title .
SECTION 2. This act shall become effec tive November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON FINANCE
February 8, 2022 - DO PASS