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SENATE FLOOR VERSION
March 3, 2021
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 819 By: Bullard of the Senate
and
Marti of the House
[ Oklahoma Bureau of Narcotics an d Dangerous Drugs -
powers and duties of the Director - advisory council
- effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 2 -106, as
amended by Section 1, Chapter 340, O.S.L . 2013 (63 O.S. Supp. 2020,
Section 2-106), is amended to read as follows:
Section 2-106. A. The Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall, in addition to other
powers and duties vested in the Director:
1. Cooperate with federal and other state agencies in
discharging the responsibilities concerning traffic in narcotics and
dangerous substances and in suppressing the abuse of dangerous
substances;
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2. Arrange for the exchange of information between governmental
officials concerning the use and abuse of dange rous substances;
3. Coordinate and cooperate in training programs on dangerous
substances law enforcement at the local and state levels;
4. Cooperate with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control by establishing a centralized un it which
will accept, catalog, file and collect statistics, including records
of drug-dependent persons and other dangerous substance law
offenders within the state, and make such information available for
federal, state and local law enforcement purposes; and may collect
and furnish statistics for other appropriate purposes; and
5. Coordinate and cooperate in programs of eradication aimed at
destroying wild or illicit growth of plant species from which
controlled dangerous substances may be extracted.
B. Results, information and evidence received from the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control relating to
the regulatory functions of this act, including results of
inspections conducted by that agency, may be relied upon and acted
upon by the Director in conformance with the regulatory functions
under this act.
C. The Director is further authorized and directed to:
1. Coordinate and cooperate in educational programs designed to
prevent and deter misuse and abuse of controlled danger ous
substances;
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2. Promote better recognition of the problems of misuse and
abuse of controlled dangerous substances within the regulated
industry and among interested groups and organizations;
3. Assist the regulated industry, interested groups and
organizations in contributing to the reduction of misuse and abuse
of controlled dangerous substances;
4. Consult with interested groups and organizations to aid them
in solving administrative and organizational problems;
5. Assist in evaluating procedures, projects, techniques and
controls conducted or proposed as part of educational programs on
misuse and abuse of controlled dangerous substances;
6. Disseminate the results of research on misuse and abuse of
controlled dangerous substances to promote a bett er public
understanding of what problems exist and what can be done to combat
them;
7. Assist in the education and training of state and local law
enforcement officials in their efforts to control misuse and abuse
of controlled dangerous substances;
8. Conduct an annual seminar to be attended by selected law
enforcement officers in order to teach new techniques and advances
in the investigation of violations of the Uniform Controlled
Dangerous Substances Act; and
9. Supervise and direct agents appointed in the performance of
their function of enforcement of the provisions of this act.
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D. The Director is further authorized and directed to:
1. Encourage research on misuse and abuse of controlled
dangerous substances;
2. Cooperate in establishing methods to assess accurately the
effects of controlled dangerous substances and to identify and
characterize controlled dangerous substances with potential for
abuse; and
3. Cooperate in making studies and in underta king programs of
research to:
a. develop new or improved approaches, techniques,
systems, equipment and devices to strengthen the
enforcement of this act,
b. determine patterns of misuse and abuse of controlled
dangerous substances and the social effects t hereof,
and
c. improve methods for preventing, predicting,
understanding and dealing with the misuse and abuse of
controlled dangerous substances.
E. The Director shall prepare a yearly report on all deaths and
nonfatal overdoses which were the result or probable result of abuse
of a controlled danger ous substance. The yearly report shall be
limited to statistical information including, but not limited to,
the county where the death or nonfatal overdose occurred, age, race,
gender, type of controlled dang erous substances involved in the
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death or nonfatal overdose, and the method in which the controlled
dangerous substance was obtained by the person, when available.
F. The Director may enter into contracts with public agencies,
institutions of higher educa tion and private organizations or
individuals for the purpose of conducting research, demonstrations
or special projects which bear directly on misuse and abuse of
controlled dangerous substances.
G. The Director may enter into contracts for educational a nd
research activities without performance bond s.
H. The Director may authorize persons engaged in research or
scientific activities on the use and effects of dangerous substances
to withhold the names and other identifying characteristics of
persons who are the subjects of such research. Persons who obtain
this authorization may not be compelled in any state civil,
criminal, administrative, legislative or other proceeding to
identify the subjects of research for which such authorization was
obtained.
I. The Director may authorize the lawful possessi on,
distribution and use of controlled dangerous substances by persons
engaged in research or scientific activities; authorization for
possession of controlled dangerous substances may be extended to
persons engaged in a program of drug education or person s in the
performance of an official duty. Persons who obtain this
authorization shall be exempt from state prosecution for possession,
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distribution or use of dangerous substances to the extent authorized
by the Director.
J. The Director is authorized to accept gifts, bequests,
devises, contributions and grants, public or private, including
federal funds or funds from any other source for use in furthering
the purpose of the office of the Director.
K. The Director is authorized to purchase or sell real
property, together with appurtenances, in the name of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control upon approval
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control Commission.
L. The Director is authorized to purchas e and maintain motor
vehicles and other equipment for use by the employees of the Bureau.
M. The Director shall be in charge of all monies appropriated
for or deposited to the credit of the office of the Dire ctor and is
authorized to approve claims and pa yrolls as provided in Section
41.26 of Title 62 of the Oklahoma Statutes.
N. The Director shall have the authority of a peace officer and
is authorized to commission assistants of the office as peace
officers.
O. Upon determining that a practitioner is p rescribing a
controlled dangerous substance to a person engaged in fraudulent or
deceptive efforts to fill or refill multiple prescriptions for
controlled dangerous substances, the Director shall provide writt en
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or electronic notification alerting the prac titioner to the
possibility that the person may be unlawfully obtaining prescription
drugs in violation of the Uniform Controlled Dangerous Substances
Act.
P. The Director may select and utilize an advisory c ouncil
comprised of medical professionals as deemed necessary by the
Director for the purpose of consultation and review to the benefi t
of the Bureau.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 3, 2021 - DO PASS AS AMENDED