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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2686 By: West (Rick)
COMMITTEE SUBSTITUTE
An Act relating to mental health; amending 43a O.S.
2021, Section 3-601, which relates to opioid
substitution treatment programs and addicted persons ;
mandating drug screens; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 43a O.S. 2021 , Section 3-601, is
amended to read as follows:
Section 3-601. A. Any Class II controlled dangerous substance,
when used in this state by an opioid substitution treatment program
for persons with a history of opioid addiction to or physiologic
dependence on controlled dangerous substances, shall only be used:
1. In treating pers ons with a history of addiction ;
2. In treating persons with a one -year history of opioid
addiction to or physiologic dependence on control led dangerous
substances, as defined by the Code of Federal Regulations, and
documentation of attempting another type of treatment; or
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3. If clinically appro priate, the program physician may waive
the requirement of a one -year history of opioid addiction for
consumers within six (6) months of release from a penal institution,
for consumers with a pregnancy verified by the program physician, or
for consumers having previously received treatment for opioid
addiction and within two (2) years of discharge from that treatment
episode.
Provided, however, that persons who are participating in the
opioid substitution treatment prog ram, pursuant to this subsection,
shall be administered a minimum of eight (8) random , witnessed,
urine drug screens annually.
B. Any conviction for a violation of the provis ions of this
section or any rules promulgated pursuant to the provisions of this
section shall be a felony.
C. For the purposes of this section, "opioid substitution
treatment program" means a person, private physician, or
organization that administers or dispenses an opioid drug to a
narcotic addict for the purposes of detoxification or maintenance
treatment or provides, when necessary and appropriate, comprehensive
medical and rehabilitation services. A private physician who
administers buprenorphine wi th a waiver from the Drug Enforcement
Administration shall not be considered an o pioid substitution
treatment program. An opioid substitution treatment program shall
be certified by the Board of Mental Health and Substance Abuse
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Services, or the Commissio ner of Mental Health and Substance Abuse
Services upon delegation by the Board, a nd registered with the
federal Drug Enforcement Administration for the use of an opioid
drug to treat narcotic addiction.
D. The Board of Mental Health and Substance Abuse Se rvices
shall promulgate rules and standards for the certification of all
programs, private facilities, and organization s which provide opioid
substitution treatment directed to those physiologically dependent
on or addicted to opioids. These facilities an d organizations shall
be known as "Opioid Substitution Treatment Programs ". Only
certified facilities may receive and assist opioid-dependent and
addicted persons by providing Class II controlled substances in
opioid substitution treatment and rehabilitat ion.
E. The Board of Mental Health and Substance Abuse Services
shall promulgate rules and standards regulating the tr eatment and
services provided by opioid substitution treatment p rograms.
Failure to comply with rules and standards promulgated by the B oard
shall be grounds for revocation, suspension or nonrenewal of
certification.
F. Opioid substitution treatment prog rams shall notify the
Department of Mental Health and Substance Abuse Services of plans to
close or relocate within a minimum of thirty ( 30) days prior to
closure or relocation.
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G. Failure to comply with rules and sta ndards promulgated by
the Board of Mental Health and Substance Abuse Services pursuant to
this section shall be grounds for reprimand, suspension, revocation
or nonrenewal of certification.
SECTION 2. This act shall become effective November 1, 2023.
59-1-7857 JL 03/01/23