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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 241 By: Thompson
AS INTRODUCED
An Act relating to Uniform Controlled Dangerous
Substances Act; amending 63 O.S. 2011, Section 2-302,
as last amended by Section 57, Chapter 161, O.S.L.
2020 (63 O.S. Supp. 2020, Section 2-302), which
relates to registration requireme nts; modifying
required documentation; updating statutory ref erence;
and providing an effec tive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 2 -302, as
last amended by Section 57, Chapter 161, O.S.L. 2020 (63 O.S. Supp.
2020, Section 2-302), is amended to read as f ollows:
Section 2-302. A. Every person who manufa ctures, distributes,
dispenses, prescribes, administers or uses for scientific purposes
any controlled dangerous substance within or into this state, or who
proposes to engage in the manufa cture, distribution, dispensing,
prescribing, administering or use for scientific purposes of any
controlled dangerous substance within or into this state shall
obtain a registration issued by the Director of the Oklahoma State
Bureau of Narcotics and Dang erous Drugs Control, in accordance with
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rules promulgated by the Di rector. Persons registered by the
Director under Section 2 -101 et seq. of this title to manufacture,
distribute, dispense, or co nduct research with controlled dangerous
substances may possess, manufacture, distribute, dispense, or
conduct research with th ose substances to the extent authorized by
their registration and in conformity with the other provisions of
the Uniform Controll ed Dangerous Substances Act. Every wholesaler,
manufacturer or distributor of any drug product containing
pseudoephedrine or p henylpropanolamine, or their salts, isomers , or
salts of isomers shall obtain a registration issued by the Director
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control in accordance with rules promulgated by the Director and as
provided for in Section 2-332 of this title.
B. Out-of-state pharmaceutical suppliers who provide controlled
dangerous substances to indiv iduals within this state shall obtain a
registration issued by the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, in accordance with rules
promulgated by the Director. This provision shall also apply to
wholesale distributors who distribute controlled dangerous
substances to pharma cies or other entities registered within this
state in accordance w ith rules promulgated by the Director.
C. Every person who owns in whole or in part a public or
private medical facility for whi ch a majority of patients are issued
on a reoccurring monthl y basis a prescription for opioids,
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benzodiazepines, barbiturates o r carisoprodol, but not including
Suboxone or buprenorphine, shall obtain a registration issued by the
Director of the Oklahoma S tate Bureau of Narcotics and Dangerous
Drugs Control.
D. Every manufacturer and distributor required to register
under the provisions of this section shall provide all data required
pursuant to 21 U.S.C., Section 827(d)(1) information regarding the
sale of controlled dangerous substances on a monthly basis to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
Controlled dangerous substances in Schedule I shall be reported in
accordance with rules promulgated by the Director. Reporting of
controlled dangerous substances pursuant to 21 U.S.C., Section
827(d)(1) in Schedules II, III, IV and V may be in the same for mat
used in reporting the same or similar information to the federal
Drug Enforcement Adm inistration and shall include, but not b e
limited to:
1. The manufacturer's or distributor's name, address, phone
number, DEA registration number and controlled dange rous substance
registration number issued by the Bureau;
2. The name, address and DEA registration number of the entity
to whom the controlled dangerous sub stance was sold;
3. The date of the sale of the controlled dangerous substance;
4. The name and National Drug Code of the controlled dangerous
substance sold; and
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5. The number of containers and the strength and quantity of
controlled dangerous substanc es in each container sold.
E. The information m aintained and provided pursuant to
subsection D of this section shall be confidential and not open to
the public. Access to the information shall, at the discretion of
the Director, be limited to:
1. Peace officers certified pursuant to the provisions of
Section 3311 of Title 70 of the Oklahoma Statutes who are employed
as investigative agents of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control or the Office of t he Attorney General;
2. The United States Drug Enforcement Administration D iversion
Group Supervisor; and
3. A multicounty gr and jury properly convened pursuant to the
provisions of the Multicounty Grand Jury Act.
F. Manufacturers, distributors, home ca re agencies, hospices,
home care services, medical facility owners referred to in
subsection C of this section and scientific r esearchers shall obtain
a registration annually. Other practitioners shall obtain a
registration for a period to be determined b y the Director that will
be for a period not less than one (1) year nor more than three (3)
years.
G. Every trainer or handler of a canine controlled dangerous
substances detector who, in the ordinary course of such trainer 's or
handler's profession, desires to possess any controlle d dangerous
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substance, annually, shall obtain a registration issued by the
Director for a fee of Se venty Dollars ($70.00). Such persons shall
be subject to all applicable provisions of Section 2 -101 et seq. of
this title and such applicable rules promulga ted by the Director for
those individuals identi fied in subparagraph a of paragraph 32 of
Section 2-101 of this title. Persons registered by the Director
pursuant to this subsection may possess controlled dangerous
substances to the extent authorized by t heir registration and in
conformity with the oth er provisions of the Uniform Controlled
Dangerous Substances Act.
H. The following persons shall not be required to register and
may lawfully possess controlled dangerous substanc es under the
provisions of Section 2-101 et seq. of this title:
1. An agent, or an employee thereof, of any registered
manufacturer, distributor, dispenser or user for scientific purposes
of any controlled dangerous substance, if such agent is acting in
the usual course of such agen t's or employee's business or
employment;
2. Any person lawfully acting under the direction of a p erson
authorized to administer controlled dangerous substances under
Section 2-312 of this title;
3. A common or contract carrie r or warehouser, or an emplo yee
thereof, whose possession of any controlled dangerous substance is
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in the usual course of such carrier's or warehouser's business or
employment;
4. An ultimate user or a person in possession of any controlled
dangerous substance pursuant to a lawful o rder of a practitioner;
5. An individual pharma cist acting in the usual course of such
pharmacist's employment with a pharmacy registered pursuant to the
provisions of Section 2 -101 et seq. of this title;
6. A nursing home lic ensed by this state;
7. Any Department of Mental Health and Substance Abuse Services
employee or any person whose facility con tracts with the Department
of Mental Health and Substance Abuse Services whose possession of
any dangerous drug, as defined in Se ction 353.1 of Title 59 of t he
Oklahoma Statutes, is for the purpose of deli very of a mental health
consumer's medicine to the consumer's home or residence;
8. Registered nurses and licensed practical nurses; and
9. An assisted living facility licensed b y the State of
Oklahoma.
I. The Director may, by rule, waive the requiremen t for
registration or fee for registration of certa in manufacturers,
distributors, dispensers, prescribers, administrators , or users for
scientific purposes if the Director finds i t consistent with the
public health and safety.
J. A separate registration shall be required at each principal
place of business or professional practice where the applicant
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manufactures, distributes, dispenses, prescribes, administers , or
uses for scientific purposes controlled dan gerous substances.
K. The Director is authorize d to inspect the establishment of a
registrant or applicant for registration in accordance with rules
promulgated by the Director.
L. No person engaged in a profession or occupati on for which a
license to engage in such activity is provided by law shall b e
registered under the Uniform Controlled Dangerous Substances Act
unless such person holds a valid license of such person 's profession
or occupation.
M. Registrations shall be is sued on the first day of Nov ember
of each year. Registrations may be issued at other times,; however,
upon certification of th e professional licensing board.
N. The licensing boards of all professions and occupations to
which the use of controlled dangero us substances is incidental shall
furnish a current list to the Director, n ot later than the first day
of October of each year , of the persons holding valid licenses. All
such persons except persons exempt from registration requirements
under subsection H of this section shall be su bject to the
registration requirements of Secti on 2-101 et seq. of this title.
O. The licensing board of any professional defined as a mid -
level practitioner shall notify and furnish to the Director, not
later than the first da y of October of each year th at such
professional holds a valid license, a c urrent listing of individuals
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licensed and register ed with their respective boards to prescribe,
order, select, obtain and administer controlled dangerous
substances. The licensing board shall immediately not ify the
Director of any action subsequently tak en against any such
individual.
P. Beginning November 1, 2010, each registrant that prescribes,
administers or dispenses methadone shall be required to check the
prescription profile of the patient on the cen tral repository of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1387 BG 1/4/2021 1:58:47 PM