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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 241 By: Thompson and Weaver of the
Senate
and
Kannady and McEntire of the
House
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. 20 20, Section 2-302), which
relates to registration requirements; modifying
required documentation; updating statutor y reference;
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 -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 follows:
Section 2-302. A. Every person who manufactures, 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 manufacture, distribution, dispensing,
prescribing, administering or use for scientific purposes of any
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controlled dangerous substance within or into 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. Persons registered by the
Director under Section 2 -101 et seq. of this title to manufacture,
distribute, dispense, or conduct research with controlled dan gerous
substances may possess, manufacture, distribute, dispense, or
conduct research with those substances to the extent authorized by
their registration and in conformity with the other provisions of
the Uniform Controlled Dangerous Substances Act. Ever y wholesaler,
manufacturer or distributor of any drug product containing
pseudoephedrine or phenylpropanolamine, or their salts, isomers , or
salts of isomers shall obtain a registration issued by the Director
of the Oklahoma State Bureau of Narcotics and D angerous 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 individuals within this state shall obt ain 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 dang erous
substances to pharmacies or other entities registered within this
state in accordance with rules promulgated by the Director.
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C. Every person who owns in whole or in part a public or
private medical facility for which a majority of patients are issu ed
on a reoccurring monthly basis a prescription for opioids,
benzodiazepines, barbiturates or carisoprodol, but not including
Suboxone or buprenorphine, shall obtain a registration issued by the
Director of the Oklahoma State Bureau of Narcotics and Dange rous
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 format
used in reporting the same or similar information to the federal
Drug Enforcement Administration and shall include, but not be
limited to:
1. The manufacturer 's or distributor's name, address, phone
number, DEA registration number and controlled dangerous substance
registration number issued by the Bureau;
2. The name, address and DEA registration number of the entity
to whom the controlled dangerous substance was sold;
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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
5. The number of containers and the strength and quantity of
controlled dangerous substances in each container sold.
E. The information maintained 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 the Attorney General;
2. The United States Drug Enforcement Administration Diversion
Group Supervisor; and
3. A multicounty grand jury properly convened pursuant to the
provisions of the Multicounty Grand Jury Act.
F. Manufacturers, distributors, home care agencies, hospices,
home care services, medical facility owners referred to in
subsection C of this section and scientific researchers shall obtain
a registration annually. Other practitioners shall obtain a
registration for a period to be determined by the Director that will
be for a period not less than one (1) year nor more than three (3)
years.
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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 controlled dang erous
substance, annually, shall obtain a registration issued by the
Director for a fee of Seventy 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 promulgated by the Director for
those individuals identified 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 their r egistration and in
conformity with the other provisions of the Uniform Controlled
Dangerous Substances Act.
H. The following persons shall not be required to register and
may lawfully possess controlled dangerous substances 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 agent 's or employee's business or
employment;
2. Any person lawfully acting under the direction of a person
authorized to administer controlled dangerous substances under
Section 2-312 of this title;
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3. A common or contract carrier or warehouser, or an employee
thereof, whose possession of any controlled dangerous substance is
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 order o f a practitioner;
5. An individual pharmacist 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 licensed by this state;
7. Any Department of Mental Health and Substance Abuse Services
employee or any person whose facility contracts with the Department
of Mental Health and Substance Abuse Services whose possession of
any dangerous drug, as defined in Section 353.1 of Title 59 of the
Oklahoma Statutes, is for the purpose of delivery 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 by the State of
Oklahoma.
I. The Director may, by rule, waive the requirement for
registration or fee for registration of certain manufacturers,
distributors, dispensers, prescribers, administrators , or users for
scientific purposes if the Director finds it consistent with the
public health and safety.
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J. A separate registration shall be required at each principal
place of business or professional practice where the applicant
manufactures, distributes, dispenses, prescribes, administers , or
uses for scientific purposes controlled dangerous substances.
K. The Director is authorized 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 occupation for which a
license to engage in such activity is provided by law shall be
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 issued on the first day of November
of each year. Registrations may be issued at other times ,; however,
upon certification of the professional licensing board.
N. The licensing boards of all professions and occupations to
which the use of controlled dangerous substances is incidental shall
furnish a current list to the Director, not 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 subject to the
registration requirements of Section 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
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later than the first day of October of each year that su ch
professional holds a valid license, a current listing of individuals
licensed and registered with their respective boards to prescribe,
order, select, obtain and administer controlled dangerous
substances. The licensing board shall immediately notify t he
Director of any action subsequently taken 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 central repository of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/08/2021 - DO PASS, As Coauthored.