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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 23 By: Bullard
AS INTRODUCED
An Act relating to controlled dangerous subs tances;
amending 63 O.S. 2011, Section 2 -309, as last amended
by Section 1, Chapter 255, O.S. L. 2018 (63 O.S. Supp.
2020, Section 2-309), which relates to prescriptions;
exempting certain practitioners from electro nic
prescription requirement; limiting availability of
exemption; directing licensi ng boards to take certain
actions; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 2 -309, as
last amended by Section 1, Chapter 255, O. S.L. 2018 (63 O.S. Supp.
2020, Section 2-309), is amended to read as follows:
Section 2-309. A. 1. Except for dosages medically required
for a period not to exceed forty -eight (48) hours which are
administered by or on direction of a practitioner, other than a
pharmacist, or medication dispensed directly by a practitioner,
other than a pharmacist, to an ultimate user, no controlled
dangerous substance included in Schedule II, which is a pre scription
drug as determined under regulation promulgated by the Board of
Pharmacy, shall be dispensed without an ele ctronic prescription of a
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practitioner; provided, that in emergency situations, as prescribed
by the Board of Pharmacy by regulation, such drug may be dispensed
upon oral prescription reduced promptly to writing and filed by th e
pharmacist in a manner to b e prescribed by rules and regulations of
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
2. Electronic prescribing shall be utilized for Schedules II,
III, IV, and V, subject to the requirem ents set forth in 21 CFR,
Section 1311 et seq.
3. An electronic prescription with electronic signature may
serve as an original prescription, subject to the requiremen ts set
forth in 21 CFR, Section 1311 et seq.
4. Prescriptions sh all be retained in conf ormity with the
requirements of this section and Section 2-307 of this title. No
prescription for a Schedule II substance may be refilled.
5. The electronic prescript ion requirement provided for in this
section shall not apply to p rescriptions for contro lled dangerous
substances issued by any of the following:
a. a person licensed to practice veterinary medicine,
b. a practitioner who experiences temporary technologica l
or electrical failure or other extenuating
circumstance that pr events the prescription from being
transmitted electronically; provided, however, that
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the practitioner documents the reason for this
exception in the medical record of the patient,
c. a practitioner, other than a pharmacist, who dispenses
directly to an ultimate user,
d. a practitioner who orders a control led dangerous
substance to be administered through an on -site
pharmacy in:
(1) a hospital as defined in Section 1 -701 of this
title,
(2) a nursing facility as defined in Section 1 -1902
of this title,
(3) a hospice inpatient fac ility as defined in
Section 1-860.2 of this title,
(4) an outpatient dialysis facility,
(5) a continuum of care facility as defined in
Section 1-890.2 of this title, or
(6) a penal institution listed in Section 509 of
Title 57 of the Oklahoma Statutes,
e. a practitioner who writes a p rescription to be
dispensed by a pharmacy located on federal property,
provided the practitioner documents the reason for
this exception in the medical record of the patient,
or
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f. a practitioner that has received a waiver or e xtension
from his or her lice nsing board, or
g. a practitioner who practices exclusively in one or
more medically underserved areas (MUA) as determined
by the Health Resources and Services Administration .
This exemption shall not be available for a
practitioner who has been subject t o disciplinary
action by the practitioner 's licensing board for a
violation related to the prescription of controlled
dangerous substances. The licensing board shall
communicate with and share necessary information with
the Oklahoma State Bureau of Narcot ics and Dangerous
Drugs Control for the purpose of enforcement of the
provisions of this subparagraph .
6. Electronic prescriptions shall n ot be utilized under the
following circumstances:
a. compound prescriptions containing t wo or more
commercially available products or two or more active
pharmaceutical ingredients,
b. compounded infusion prescriptions con taining two or
more commercially av ailable products or two or more
active pharmaceutical ingredients ,
c. prescriptions issued under approved research
protocols, or
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d. if the practitioner determines that an electronic
prescription cannot be issued in a time ly manner and
the condition of the patient is at risk.
7. A pharmacist who receives a written, oral or facsimile
prescription shall not be required to verify that the prescription
falls under one of the exceptions provided for in paragraph 6 of
this subsection. Pharmacists may continue to dispense medications
from otherwise valid written, oral or facsi mile prescriptions that
are consistent with the prov isions of this act.
8. Practitioners shall indicate in the health record of a
patient that an exception to the electronic prescription req uirement
was utilized.
9. All prescriptions issued pursuant to p aragraphs 5 and 6 of
this subsection shall be issued on an official prescription form
provided by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
10. a. Effective January 1, 2020, practitioners shall
register with the Oklahoma State Bu reau of Narcotics
and Dangerous Drugs Control in ord er to be issued
official prescription forms. Such registration shall
include, but not be limited to, th e primary address
and the address of each place of business to be
imprinted on official prescription forms. Any change
to a registered practitioner 's registered address
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shall be promptly reported to the practitioner 's
licensing board and the Bureau by the practitioner in
a manner approved by the Bureau.
b. A practitioner's registration shall be without fee and
subject to approval by the Bureau. Such reg istration
shall be valid for a period of two (2) years and may
be denied, suspended or revoked by the Bu reau upon a
finding by the Bureau o r licensing board that the
registered practitioner has had any li cense to
practice a medical profession revoked or su spended by
any state or federal agency.
c. Where the Bureau has revoked the registration of a
registered practitioner, the Bureau may revok e or
cancel any official prescription forms in the
possession of the registered practiti oner. Any
revocation or any suspension shall require the
registered practitioner to return all unused official
prescription forms to the Bureau within fifteen (15)
calendar days after the date of the written
notification.
d. A practitioner that has had an y license to practice
terminated, revoked or suspended by a state or federal
agency may, upon restoration of such license or
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certificate, register to be issued official
prescription forms.
11. a. Except as provided in subparagraph f of this
paragraph, the Bureau shall issue official
prescription forms free of charge only to registered
practitioners in this state. Such forms shall not be
transferable. The number of off icial prescription
forms issued to a registered practitioner at a ny time
shall be at the discretion of the Bureau.
b. Official prescription forms issued to a registered
practitioner shall be imprinted only with the primar y
address and other addresses liste d on the registration
of the practitioner. Such prescriptions sh all be sent
only to the primary address of the regis tered
practitioner.
c. Official prescription forms issued to a registered
practitioner shall be used onl y by the practitioner to
whom they are issued.
d. The Bureau may revoke or cancel official prescript ion
forms in possession of registered practitioners when
the license of such practitioner is suspended,
terminated or revoked.
e. Official prescription form s of registered
practitioners who are deceased or who no longer
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prescribe shall be returned to the B ureau at a
designated address. If the registered pr actitioner is
deceased, it is the responsibility of the registered
practitioner's estate or lawful desig nee to return
such forms.
f. The Bureau may issue official prescription forms to
employees or agents of the Bureau and othe r government
agencies for the purpose of preventing, identifying,
investigating and prosecuting unacceptable or illegal
practices by providers and other persons and ass isting
in the recovery of overpayments under any program
operated by the state or paid f or with state funds.
Such prescription forms shall be issued for this
purpose only to individuals who are authorized to
conduct investigations on behalf of the Bureau or
other government agencies as part of their official
duties. Individuals and agencies receiving such
prescription forms for this purpose shall provide
appropriate assurances to the Bureau that adequate
safeguards and security measures are in place to
prevent the use of such prescription forms for
anything other than official government pur poses.
12. a. Adequate safeguards and security measures shall be
undertaken by registered practitioners holding
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official prescriptio n forms to assure against the
loss, destruction, theft or unauthorized use of the
forms. Registered practitioners shall ma intain a
sufficient but not e xcessive supply of such forms in
reserve.
b. Registered practitioners shall immediately notify the
Bureau, in a manner designated by the Bu reau, upon
their knowledge of the loss, destruction, theft or
unauthorized use of any of ficial prescription forms
issued to them, as well as the failure to receive
official prescription forms within a reasonable time
after ordering them from the Bureau.
c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of an y diversion or
suspected diversion of drugs pursuant to the loss,
theft or unauthorized use of prescriptions.
B. 1. Except for dosa ges medically required for a period not
to exceed seventy-two (72) hours which are administered by o r on
direction of a practitioner, other than a pharm acist, or medication
dispensed directly by a practitioner, other than a pharmacist, to an
ultimate user, no controlled dangerous substance included in
Schedule III or IV, which is a prescription drug as d etermined under
regulation promulgated by the Board of Pharmacy, shall be dispensed
without an electronic prescription.
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2. Any prescription for a controlle d dangerous substance in
Schedule III , IV or V may not be filled or refilled more than six
(6) months after the date there of or be refilled more than f ive
times after the date of the prescription, unless renewed by the
practitioner.
C. Whenever it appear s to the Director of the Oklahoma S tate
Bureau of Narcotics and Dangerous Drugs Control that a drug not
considered to be a prescription drug under exist ing state law or
regulation of the Board of Pharmacy should be so considered because
of its abuse potential, the Director shall so advise t he Board of
Pharmacy and furnish to the Board all available data relevant
thereto.
D. 1. "Prescription", as used in this section, means a
written, oral or electronic order by a practitioner to a pharmacist
for a controlled dangerous substance for a parti cular patient, which
specifies the date of its issue, and the ful l name and address of
the patient and, if the contro lled dangerous substance is prescribed
for an animal, the species of the animal, the name and quantity o f
the controlled dangerous substanc e prescribed, the directions for
use, the name and address of the owner of the animal an d, if
written, the signature of the practitioner.
2. "Registered practitioner ", as used in this section, means a
licensed practitioner duly registered with the Oklahom a State Bureau
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of Narcotics and Dangerous Drugs Control to be iss ued official
prescription forms.
E. No person shall solicit, dispense, receive or deliver any
controlled dangerous substance through the mail, unless the u ltimate
user is personally known to the practitioner and circumstances
clearly indicate such method of delivery is in the b est interest of
the health and welfare of the ultimate user.
SECTION 2. This act shall become effective November 1, 2021.
58-1-65 DC 11/16/2020 4:57:11 PM