Req. No. 2084 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 2686 By: West (Rick) and Waldron of
the House
and
Burns of the Senate
COMMITTEE SUBSTITUTE
An Act relating to substance abuse services; amending
43A O.S. 2021, Section 3 -601, which relates to opioid
substitution treatment programs ; requiring opioid
substitution treatment programs to comply with
certain federal requirements ; requiring drug abuse
testing to be directl y observed; broadening grounds
for certain penalties; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 subs tance,
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 u sed:
1. In treating persons with a history of addicti on;
Req. No. 2084 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 attempting another type of treatment; or
3. If clinically appropriate, 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.
B. Any conviction for a violation of the provis ions of this
section or any rules promulgated pursuant t o 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 p urposes 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 not be considered an opioid substitution
treatment program.
Req. No. 2084 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. An opioid substitution treatment program shall be certified
by the Board of Mental Health and Subst ance Abuse Services, or the
Commissioner of Mental Health and Substance Abuse Services upo n
delegation by the Board, and registered with the federal Drug
Enforcement Administration for the use of an opioid drug to treat
narcotic addiction.
D. E. The Board of Mental Health and Substance Abuse Se rvices
shall promulgate rules and standards for th e 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. F. The Board of Mental Health and Substan ce Abuse Services
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, suspensio n or nonrenewal of
certification.
F. G. An opioid substitution treatment program shall comply
with all federal requirements for opioid treatment programs provided
by 42 C.F.R., Subpart C including but not limited to t he requirement
Req. No. 2084 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to provide drug abuse testing services provided by 42 C.F.R.,
Section 8.12(f)(6). Drug abuse testing shall be dire ctly observed
by an employee or contractor of the opioid substitution treatment
program.
H. Opioid substitution treatment pro grams 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.
G. I. Failure to comply with rules and standards promulgated by
the Board of Mental Health and Substance Abuse Services pursuant to
this section or failure to comply with the requirements of 42
C.F.R., Subpart C shall be grounds for reprimand, suspension,
revocation or nonrenewal of certification.
SECTION 2. This act shall become effective November 1, 2023.
59-1-2084 DC 4/13/2023 11:02:43 AM