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SENATE FLOOR VERSION
February 23, 2023
AS AMENDED
SENATE BILL NO. 665 By: Standridge
An Act relating to controlled dangerous substances;
amending 63 O.S. 2021, Section 2 -302, which relates
to registration requirements; modifying applicabilit y
of certain exception; updating statutory language;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -302, is
amended to read as follow s:
Section 2-302. A. Every person who manufactures, distributes,
dispenses, prescribes, administers or uses for scien tific 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 o f any
controlled dangerous substance within or i nto this state shall
obtain a registration issued by the Director of the Oklahoma State
Bureau of Narcotics a nd 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 dangerous
substances may possess, manufacture, dist ribute, dispense or conduct
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research with those substances to the exten t authorized by their
registration and in confor mity with the other provision s of the
Uniform Controlled Dangerous Substances Act . Every wholesaler,
manufacturer or distributor of any drug product containing
pseudoephedrine or phenylpropanolamine, or thei r salts, isomers or
salts of isomers, shall obtain a registration issued by t he Director
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control in accordance with rules p romulgated by the Director and as
provided for in Section 2 -332 of this title. Any person who
manufactures, distribute s, dispenses, prescribes, adm inisters or
uses for scientific purposes any controlled dangerous substances
within or into this state witho ut first obtaining a registration
issued by the Director of the Oklahom a State Bureau of Narcotics and
Dangerous Drugs Control shall be subject to t he same statutory and
administrative jurisdiction of the Director as if that per son were
an applicant or registrant.
B. Out-of-state pharmaceutical suppliers who provide controll ed
dangerous substances to individuals within th is state shall obtain a
registration issued by the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, in acc ordance with rules
promulgated by the Director . This provision shall a lso apply to
wholesale distributors who distribu te controlled dangerous
substances to pharmacies or other entities registered within this
state in accordance with rules promulgated by t he 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 issued
on a reoccurring monthly basis a prescription for opioids,
benzodiazepines, barbiturat es or carisoprodol, but not in cluding
Suboxone buprenorphine with na loxone or buprenorphine as used for
medication-assisted treatment services, shall obtain a registration
issued by the Director of the Oklahoma State Bureau of Narcotics and
Dangerous 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) 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) 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 sol d;
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
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5. The number of containers and the strength and quantity of
controlled dangerous substances in each con tainer sold.
E. The information maintaine d 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 certi fied pursuant to the provisions of
Section 3311 of Title 70 of the Oklahoma Statutes who are employed
as investigative agents of the Oklahoma State B ureau of Narcotics
and Dangerous Drugs Control or the Office of the Attorney General;
2. The United States Drug Enforcement Administration Diversi on
Group Supervisor; and
3. A multicounty grand jury properly convened pursuant to the
provisions of the Mul ticounty Grand Jury Act.
F. Manufacturers, distributors, home care agencies, hospices,
home care services, medical facility owners referred to i n
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 tha n three (3)
years.
G. Every trainer or handler of a canine controlled dangerous
substances detector who, in th e ordinary course of such trainer ’s or
handler’s profession, desires to possess any controlled dangerous
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substance, annually, shall obtain a reg istration issued by t he
Director for a fee of Seventy Dollars ($70.00) . Such persons shall
be subject to all ap plicable provisions of Section 2 -101 et seq. of
this title and such applicable rules promulgated by the Dir ector for
those individuals identifie d in subparagraph a o f 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 registrat ion and in
conformity with the other provisions of the Uni form Controlled
Dangerous Substances Act.
H. The following persons shall not be required t o 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 us er 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 cont rolled dangerous substances u nder
Section 2-312 of this title;
3. A common or contract carrier or warehouser, or an employee
thereof, whose possession of any controlled dangerous substance is
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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 of a prac titioner;
5. An individual pharmacist acting in the usual course of such
pharmacist’s employment with a pharmacy regist ered 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 this state.
I. The Director may, by rule, waive the re quirement for
registration or fee for registration of certain manufacturers,
distributors, dispensers, prescribe rs, administrators or users for
scientific purposes if the Director finds it consistent with the
public health and safety.
J. A separate registration shall be required at each principal
place of business or professional practi ce where the applicant
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manufactures, distributes, dispenses, prescribes, administers or
uses for scientific purposes controlled dangerou s substances.
K. The Director is authorized to inspect the establish ment 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 Uni form Controlled Dangerous Substances Act
unless such person holds a valid licens e 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 bo ard.
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 va lid 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 ti tle.
O. The licensing board of any professional de fined as a mid-
level practitioner shall notify and furnish to the Director, not
later than the first day of October of each year , that such
professional holds a valid license, a current listing of individu als
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licensed and registered with their respective b oards to prescribe,
order, select, obtain and administer controlled dangerous
substances. The licensing board shall immediately notify the
Director of any action subsequently taken against any such
individual.
P. Beginning November 1, 2010, each registra nt 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 D rugs Control.
SECTION 2. This act shall become effective Novemb er 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 23, 2023 - DO PASS AS AMENDED