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STATE OF OKLAHOMA
1st Session of the 59th Legislatu re (2023)
HOUSE BILL 2280 By: Echols
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Section 2-303, which relates to the
Uniform Controlled Dangerous Subs tances Act;
increasing registration fee for certain registrants;
excluding certain regi strants from presumed
qualification for registration; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -303, is
amended to read as follows:
Section 2-303. A. The Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall register an applicant to
own a medical facility as describe d in subsection C of Section 2 -302
of this title, or to manufacture, distribu te, dispense, prescribe,
administer or use for scientific purposes controlled dangerous
substances included in Schedules I through V of Section 2 -101 et
seq. of this title unless the Director determines that the issuance
of such registration is inconsisten t with the public interest. In
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determining the public interest, the following factors shall be
considered:
1. Maintenance of effective controls against diversion of
particular controlled dangerous substances and any Schedule I or II
substance compounded therefrom into other than legitimate medical,
scientific or industrial channels, including examination of the
fitness of his or her employees or agents to handle dangerous
substances;
2. Compliance with applicable state and local law;
3. Has been found g uilty of, entered a plea of guilty or nolo
contendere to a charge under the Uniform Controlled Dangerous
Substances Act or any other state or federal law relating to any
substance defined herein as a controlled dangerous substance or any
felony under the laws of any state or the United States;
4. Furnishing by the applicant false or fraudulent material
information in any application filed under Section 2 -101 et seq. of
this title;
5. Past experience in the manufacture, distribution,
dispensing, prescribin g, administering or use for scientific
purposes of controlled dangerous substances, and the existence in
the establishment of effective controls against diversion;
6. Denial, suspension or revocation of the applicant 's federal
registration to manufacture, distribute or dispense controlled
dangerous substances as authorized by federal law; and
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7. Such other factors as may be relevant to and consistent with
the public health and sa fety.
Nothing herein shall be deemed to require individual licensed
pharmacists to register under the provisions of the Uniform
Controlled Dangerous Substances Act.
B. Registration granted under subsection A of this section
shall not entitle a registrant to manufacture, distribute, dispense,
prescribe, administer or use for scient ific purposes controlled
dangerous substances in Schedule I or II other than those specified
in the registration.
C. Practitioners shall be registered to dispense, prescribe,
administer or use for scientific purposes substances in Schedules II
through V if they are authorized to carry on their respective
activities under the laws of this state. A registration application
by a practitioner who wishes to conduct research with Sched ule I
substances shall be accompanied by evidence of the applicant 's
federal registration to conduct such activity and shall be referred
to the Medical Research Commission for advice. The Medical Research
Commission shall promptly advise the Director conc erning the
qualifications of each practitioner requesting such registration.
Registration for the purpose of bona fide research or of use for
scientific purposes with Schedule I substances by a practitioner
deemed qualified by the Medical Research Commiss ion may be denied
only on a ground specified in subsection A of Section 2 -304 of this
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title or if there are reasonable grounds to believe that the
applicant will abuse or unlawfully transfer such substances or fail
to safeguard adequately such applicant 's supply of such substances
against diversion from legitimate medical or scient ific use.
D. 1. The Director shall initially permit persons to register
who own or operate any establishment engaged in the manufacture,
distribution, dispensing, prescribing, a dministering or use for
scientific purposes of any controlled dangerous subst ances prior to
June 4, 1991, and who are registered or licensed by the state. Fees
for registration under this section shall be as follows:
Practitioners and mid -level
practitioners $140.00 per year
of registration
Home Care Agencies, Hospices &
Home Care Services $140.00 annually
Medical Facility Owners $300.00 annually
Distributors $300.00 annually
Manufacturers $500.00 $2,500.00 annually
Manufacturer, Wholesaler, or
Distributor of drug products
containing pseudoephedrine
or phenylpropanolamine $300.00 annually
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2. A registrant shall be required to pay double the amount of
the above-listed fee for any renewal of registration received more
than thirty (30) days late.
3. A Ten Dollar ($10.00) fee shall be charged for a duplicate
registration certificate.
E. Compliance Except for medical marijuana registrants,
compliance by manufacturers and distributors with the provisions of
the Federal Controlled Substances Act, 21 U.S.C., Sect ion 801 et
seq., respecting registration, excluding fees, shall be deemed
sufficient to qualify for registration under this act.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wh ereof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-6088 GRS 12/19/22