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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 711 By: Rosino
AS INTRODUCED
An Act relating to substance abuse services;
requiring the Department of Mental Health and
Substance Abuse Services to provide opioid
antagonists to the Department of Corrections and
county jails; requiring the Department of Mental
Health and Substance Abuse Services to prepare and
provide opioid overdose education program ; describing
program; amending 57 O.S. 2021, Section 4.1 , which
relates to prisons and reformatories; requiring the
Department of Corrections and county jails to provide
opioid antagonists to certain persons upon discharge
subject to certain condition; authorizing stocking
and provision of opio id antagonists; requiring
provision of opioid overdose education program to
certain persons; providing certain construction;
providing for codific ation; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-705 of Title 43A, unless there
is created a duplication i n numbering, reads as follo ws:
A. The Department of Mental Health and Substance Abuse Services
shall provide opioid antagonists to the Department of Corrections
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and to county jails for the purpose of implementing Section 2 of
this act.
B. The Department of Mental Health and Substance Abuse Services
shall prepare and provide an opioid overd ose education program to
the Department of Corrections and to county jails for the purpose of
implementing Section 2 of this act. The education program shall:
1. Conform to guidelines of the Substance Abuse and Mental
Health Services Administration for opioid overdose education ;
2. Explain the causes of an opioid overdose;
3. Instruct when and how to administer in accordance with
medical best practices:
a. life-saving rescue techniques , and
b. an opioid antagonist;
4. Explain how to contact appropriate emergency medical
services; and
5. Provide information on how to access opioid antagonists.
SECTION 2. AMENDATORY 57 O.S. 2021, Section 4.1, is
amended to read as follo ws:
Section 4.1. A. In addition to other medical and health care
services required by a jail facility as may be provide d by rule by
the State Department of Health, the person responsible for
administration for a jail shall administer medi cations according to
the following:
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1. Prescription medications shall be provided to the prisoner
as directed by a physician or designat ed medical authority. The
prisoner shall be observed to ensure the prisoner takes the
medication. The physician or designated medical authority shall be
particularly aware through his or her training of the impact of
opiate or methadone withdrawal sympto ms that may occur in regard to
the mental and physical health of the prisoner. The physician or
medical authority shal l prescribe and administer appropriate
medications to the prisoner pursuant to Section 5 -204 of Title 43A
of the Oklahoma Statutes as the medical authority deems appropriate
to address those symptoms. Neither prescription nor over -the-
counter medications shall be kept by a prisoner in a cell with the
exception of prescribed nitroglycerin tablets and prescri ption
inhalers. Over-the-counter medications shall not be administered
without a physician’s approval unless using prepackaged med ications;
2. Medical reception information shall be recorded on a printed
screening form approved by the physician or design ated medical
authority which shal l include inquiry into:
a. current illnesses and health problems including
medications taken and a ny special health req uirements,
b. behavioral observation, including state of
consciousness and mental status,
c. body deformities and trauma markings such as bruises,
lesions, jaundice, and ease of body movement,
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d. condition of skin and visible body orif ices, including
infestations, and
e. disposition or referral of prisoners to qualified
medical personnel on an emergency basi s; and
3. For purposes of this s ection, “physician or other licensed
medical personnel” means a psychiatrist, medical doctor, oste opathic
physician, physician’s assistant, registered nurse, licensed
practical nurse, emergency medical technician at the par amedical
level or clinical nurse specialist.
B. 1. Subject to the provision of opioid antagonists by the
Department of Mental Hea lth and Substance Abuse Services as provided
by Section 1 of this act:
a. the Department of Corrections, upon the discharge o f
an inmate from an institution within the Department
who has been diagnosed with an opioid use disorder ,
regardless of whether tha t inmate has received
treatment for the disorder, shall provide the inmate ,
as the inmate leaves the institution, with two doses
of an opioid antagonist , and
b. a county jail:
(1) upon the discharge of any person who is confined
in the jail pursuant to a sentence who has been
diagnosed with an opioid use disorder , regardless
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of whether that person has received treatment for
the disorder, or
(2) upon the discharge of any person who is confined
in the jail for an offense related to possession
of an opioid drug other than:
(a) a person who is confined in the jail
pursuant to a sentence, or
(b) a person who is being transferred to th e
custody of the Department of Co rrections,
shall provide the person, as the person leaves the
jail, with two doses of an opioid antagonist.
2. Notwithstanding the provision of opioid antagonists by the
Department of Mental Health and Substance Abuse Ser vices as provided
by Section 1 of this act, the Department of Corrections and county
jails may stock and provide opioid antagonists to inmates or persons
upon discharge from the institution or jail as described in
paragraph 1 of this subsection.
3. Before the Department of Corrections or a county jail
provides an opioid antagonist to a n inmate or person as described in
paragraph 1 or 2 of this subsection, the Department or the jail
shall ensure that the in mate or person is provided with the opioid
overdose education program provided by the Department of Mental
Health and Substance Abuse Services under Section 1 of this act.
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4. Nothing in this subsection is intended to abro gate or
supersede any existing authority of the Department of Corrections or
a county jail to administer an opioid ant agonist to a person
experiencing an opioid overdose.
SECTION 3. This act shall become effective November 1, 2023.
59-1-1392 DC 1/18/2023 2:39:14 PM