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ENGROSSED HOUSE
BILL NO. 2686 By: West (Rick) and Waldron of
the House
and
Burns of the Senate
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 43 A 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 persons with a history of addiction ;
2. In treating persons with a one -year history of opioid
addiction to or physiolog ic dependence on control led dangerous
substances, as defined by the Code of Federal Regulations, and
documentation of attem pting 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 pregn ancy 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 program, pursuant to this subsection,
shall be administered a minimum of eight 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 th e 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 purpo ses of detoxification or maintenance
treatment or provides, when necessary and appropriate, comprehensive
medical and rehabilitation services. A private physi cian who
administers buprenorphine wi th a waiver from the Drug Enforcement
Administration shall n ot be considered an opioid substitution
treatment program. An opioid substitution treatment program shall
be certified by the Board of Mental Health and Subst ance Abuse
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Services, or the Commissio ner of Mental Health and Substance Abuse
Services upon delegation by the Board, and 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 certific ation 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 Treat ment 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 Serv ices
shall promulgate rules and standards regulating the tr eatment and
services provided by opioid substitution treatment p rograms.
Failure to comply with rul es and standards promulgated by the B oard
shall be grounds for revocation, suspension or nonrenew al 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 standards promulgated by
the Board of Mental Health and Substance Abuse Services pursuant to
this section shall be grounds for reprimand, sus pension, revocation
or nonrenewal of certification.
SECTION 2. This act shall be come effective November 1, 2023.
Passed the House of Representatives the 23rd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate