An Act ENROLLED SENATE BILL NO. 665 By: Standridge of the Senate and Worthen of the House An Act relating to controlled dangerous substances; amending 63 O.S. 2021, Section 2 -302, which relates to registration requirements; modifying applicability of certain exception; updating statutory language; and providing an effective date. SUBJECT: Prescribing of controlled dangerous subsatnces 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 fo llows: 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 and 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 dange rous substances may possess, manufacture, distribute, dispense or conduct 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 ENR. S. B. NO. 665 Page 2 salts of isomers, shall obtain a registration issued by t he Director of the Oklahoma State Bureau of Narcotics and Dang erous Drugs Control in accordance with rules promulgated 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 danger ous substances within or into this state without 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 Direc tor as if that person 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 o f Narcotics and Dangerous Drugs Control, in accordance 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 the Director. 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, barbiturates or carisoprodol, but not including 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 a nd 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 Narcot ics 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, bu t 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; ENR. S. B. NO. 665 Page 3 2. The name, address and DEA registration number of the entity to whom the controlled dangerous substance was sold; 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 5. The number of containers and the strength and q uantity of controlled dangerous substances in each container 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 o f the Director, be limited to: 1. Peace officers certified 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 t he 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 t o 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 dangerou s 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 ENR. S. B. NO. 665 Page 4 this title and such applicable rules promulgated by the Director 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 dang erous substances to the extent authorized by their regis tration 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 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 co ntrolled dangerous substance pursuant to a lawful order of a practitioner; 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; ENR. S. B. NO. 665 Page 5 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 manufactures, distributes, dispenses, pre scribes, administers or uses for scientific purposes controlled dang erous 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 la w 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 Nove mber 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 occupat ions to which the use of controlled dangerous substances is incidental s hall 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 r egistration requirements under subsection H of this section shall be sub ject 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 ENR. S. B. NO. 665 Page 6 professional holds a valid license, a current listing of individu als licensed and registered with their respective b oards to prescribe, order, select, obtain and administer co ntrolled dangerous substances. The licensing board shall immediately not ify 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 sha ll be required to check the prescription profile of the patient on the cen tral repository of the Oklahoma State Bureau of Narcotics and Dangerous D rugs Control. SECTION 2. This act shall become effective Novemb er 1, 2023. ENR. S. B. NO. 665 Page 7 Passed the Senate the 8th day of March, 2023. Presiding Officer of the Senate Passed the House of Representatives the 19th day of April, 2023. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of _________________ __, 20_______, at _______ o'clock _______ M. By: _______________________________ __ Approved by the Governor of the State of Oklahoma this _____ ____ day of _________________ __, 20_______, at _______ o'clock __ _____ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: _______________________________ __