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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3326 By: Staires
AS INTRODUCED
An Act relating to narcotic treatment programs;
amending 43A O.S. 2021, Section 3 -601, as amended by
Section 2, Chapter 250, O.S.L. 2023 (43A O.S. Supp.
2023, Section 3-601), which relates to opioid
substitution treatment programs and compliance;
modifying mandatory observance of drug abuse testing;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 3-601, as
amended by Section 2, Chapter 250, O.S.L. 2023 (43 A O.S. Supp. 2023,
Section 3-601), is amended to read as follows:
Section 3-601. A. Any Class II controlled dangerous substance,
when used in this state by an opioid sub stitution treatment program
for persons with a history of op ioid addiction to or physiologic
dependence on controlled dangerous substances, shall only be u sed:
1. In treating persons with a history of addiction;
2. In treating persons with a one-year history of opioid
addiction to or physiologic dependence on controlled dangerous
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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 to 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 purposes of detoxification or maintenance
treatment or provides, when necessary and appropriate, comprehensive
medical and rehabilitation services. A private physician who
administers buprenorphine wi th a waiver from the Drug Enforcement
Administration shall not be considered an opioid substitution
treatment program.
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 upon
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delegation by the Board, and registered with the federal Drug
Enforcement Administration for the use of an opioid d rug to treat
narcotic addiction.
E. The Board of Mental Health and Substance Abuse Se rvices
shall promulgate rules and standards for the certification of all
programs, private facilities, and organi zations which provide opioid
substitution treatment dire cted to those physiologically dependent
on or addicted to opioids. These facilities and organizations shall
be known as "Opioid Substitution Treatment Programs". Only
certified facilities may receiv e and assist opioid-dependent and
addicted persons by pr oviding Class II controlled substances in
opioid substitution treatment and rehabilitat ion.
F. The Board of Mental Health and Substance Abuse Services
shall promulgate rules and standards regulati ng the treatment and
services provided by opioid substitut ion treatment programs.
Failure to comply with rul es and standards promulgated by the B oard
shall be grounds for revocation, suspension or nonrenewal of
certification.
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 to
provide drug abuse testing services provided by 42 C.F.R., Section
8.12(f)(6). Drug abuse testing shall may be directly observed by an
employee or contractor of the opioid substitution treatment program.
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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 mi nimum of thirty (30) days prior to
closure or relocation.
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, 2024.
59-2-9116 TJ 01/15/23