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ENGROSSED HOUSE
BILL NO. 3567 By: Manger of the House
and
Paxton of the Senate
An Act relating to controlled dangerous drugs;
amending 63 O.S. 2021, Sections 2-101, as last
amended by Section 1, Chapter 375, O.S.L. 2023 , 2-
106.2, 2-304, as amended by Section 3, Chapter 375,
O.S.L. 2023, 2-305, as amended by Section 4, Chapter
375, O.S.L. 2023, 2-309, as amended by Section 2,
Chapter 304, O.S.L. 2023 and 2-406, as amended by
Section 2, Chapter 235, O.S.L. 2023 (63 O.S. Supp.
2023, Sections 2-101, 2-304, 2-305, 2-309 and 2-406),
which relate to the Uniform Controlled Dangerous
Substances Act; adding and alphabetizing definitions;
deleting reference to promulgated rules ; clarifying
circumstances that provide fo r the revocation or
suspension of registrations; deleting certain penalty
provision; updating manner by which controlled
dangerous substances are forf eited; deeming written
order as final under certain circumstances; allowing
registrations to remain in effect under certain
circumstances; authorizing the utilization of
electronic prescriptions under certain circumstances;
requiring practitioners to purchase official
prescription forms; providing r estrictions on use of
official prescription forms; modifying scope of
certain prohibited act; repealing
63 O.S. 2021, Sections 2-101, as last amended by
Section 10, Chapter 91, O.S.L. 2019, Section 1,
Chapter 235, O.S.L. 2023, Section 1, Chapter 304,
O.S.L. 2023, 2-304, as last amended by Section 1 ,
Chapter 176, O.S.L. 2023, 2-305, as amended by
Section 2, Chapter 176, O.S.L. 2023, 2-309 as last
amended by Section 1, Chapter 333, O.S.L. 2021, 2-
402, as last amended by Section 1, Chapter 220,
O.S.L. 2016 and 2-406, as last amended by Section 7,
Chapter 375, O.S.L. 2023 (63 O.S. Supp. 2023,
Sections 2-101, 2-304, 2-305, 2-309, 2-402 and 2-
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406), which relate to the Uniform Controlled
Dangerous Substance Act; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as
last amended by Sect ion 1, Chapter 375, O.S.L. 2023 (63 O.S. Supp.
2023, Section 2-101), is amended to read as follows:
Section 2-101. As used in the Uniform Controlled Dangerous
Substances Act:
1. "Acute pain" means pain, whether resulting from disease,
accidental trauma or intentional trauma or other cause that the
practitioner reasonably expects to last only a short period of time.
Acute pain does not include chronic pain, pain being treated as part
of cancer care, hospice or other end-of-life care, or pain being
treated as part of palliative care;
2. "Administer" means the direct application of a controlled
dangerous substance, whether by injection, inhalation, ingestion or
any other means, to the body of a patient, animal or research
subject by:
a. a practitioner (or, in the presence of the
practitioner, by the authorized agent of the
practitioner), or
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b. the patient or research subject at the direction and
in the presence of the practitioner;
2. 3. "Agent" means a peace officer appointed by and who acts
on behalf of the Director of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control or an authorized person who acts on
behalf of or at the direction of a person who manufactures,
distributes, dispenses, prescribes, administers or uses for
scientific purposes controlled dangerous substances but does not
include a common or contract carrier, public warehouser or employee
thereof, or a person required to register under the Uniform
Controlled Dangerous Substances Act;
4. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
3. 5. "Board" means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. 6. "Bureau" means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
7. "Chronic pain" means pain that persists beyond the usual
course of an acute disease or healing of an injury. Chronic pain
may or may not be associated with an acute or chronic pathologic
process that causes continuous or intermittent pain over months or
years;
5. 8. "Coca leaves" includes cocaine and any compound,
manufacture, salt, derivative, mixture or preparation of coca
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leaves, except derivatives of coca leaves which do not contain
cocaine or ecgonine;
6. 9. "Commissioner" or "Director" means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
7. 10. "Control" means to add, remove or change the placement
of a drug, substance or immediate precursor under the Uniform
Controlled Dangerous Substances Act;
8. 11. "Controlled dangerous substance" means a drug, substance
or immediate precursor in Schedules I through V of the Uniform
Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedule in which a
substance is listed shall be resolved in favor of state law;
9. 12. "Counterfeit substance" means a controlled substance
which, or the container or labeling of which without authorization,
bears the trademark, trade name or other identifying marks, imprint,
number or device or any likeness thereof of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance;
10. 13. "Deliver" or "delivery" means the actual, constructive
or attempted transfer from one person to another of a controlled
dangerous substance or drug paraphernalia, whether or not there is
an agency relationship;
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11. 14. "Dispense" means to deliver a controlled dangerous
substance to an ultimate user or human research subject by or
pursuant to the lawful order of a practitioner, including the
prescribing, administering, packaging, labeling or compounding
necessary to prepare the substance for such distribution.
"Dispenser" is a practitioner who delivers a controlled dangerous
substance to an ultimate user or human research subject;
12. 15. "Distribute" means to deliver other than by
administering or dispensing a controlled dangerous substance;
13. 16. "Distributor" means a commercial entity engaged in the
distribution or reverse distribution of narcotics and dangerous
drugs and who complies with all regulations promulgated by the
federal Drug Enforcement Administration and the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control;
14. 17. "Drug" means articles:
a. recognized in the official United States Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any
supplement to any of them,
b. intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
c. other than food, intended to affect the structure or
any function of the body of man or other animals, and
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d. intended for use as a component of any article
specified in this paragraph;
provided, however, the term drug does not include devices or their
components, parts or accessories;
18. "Drug paraphernalia" means all equipment, products, and
materials of any kind which are used, intended for use, or fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, comp ounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body, a controlled dangerous
substance in violation o f the Uniform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically
for use in planting, propagating, cultivating, growing
or harvesting of any species of plant which is a
controlled dangerous substance or from which a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing, or preparing controlled
dangerous substances ,
c. isomerization devices used, intended for use, or
fashioned specifically for use in increasing the
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potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying, or in analyzing
the strength, effectiveness, or purity of controlled
dangerous substances,
e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use, or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
h. blenders, bowls, containers, spoons, and mixing
devices used, intended for use, or fashioned
specifically for use in compounding controlled
dangerous substances,
i. capsules, balloons, envelopes, and other containers
used, intended for use, or fashioned specifically for
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use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles, and other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dan gerous substances
into the human body, except as authorized by Section
2-1101 of this title,
l. objects used, intended for use, or fashioned
specifically for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has
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become too small or too short to be held in the
hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term drug paraphernalia shall not include
separation gins intended for use in preparing tea or spice, clamps
used for constructing electrical equipment, water pipes designed for
ornamentation in which no detectable amount of an illegal substance
is found or pipes designed and used solely for smoking tobacco,
traditional pipes of an American Indian tribal religious ceremony,
antique pipes that are thirty (30) years of age or older, or drug
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testing strips possessed by a person for purposes of determining the
presence of fentanyl or a fentanyl-related compound;
15. 19. "Drug-dependent person" means a person who is using a
controlled dangerous substance and who is in a state of psychic or
physical dependence, or both, arising from administration of that
controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other responses which
include a strong compulsion to take the substance on a continuous
basis in order to experience its psychic effects, or to avoid the
discomfort of its absence;
20. "Harm-reduction services" means programs established to:
a. reduce the spread of infectious diseases r elated to
injection drug use,
b. reduce drug dependency , overdose deaths and associated
complications, and
c. increase safe recovery and disposal of us ed syringes
and sharp waste;
21. "Hazardous materials" means materials, whether solid,
liquid or gas, which are toxic to human, animal, aquatic, or plant
life, and the disposal of which materials is controlled by state or
federal guidelines;
16. 22. "Home care agency" means any sole proprietorship,
partnership, association, corporation, or other organization which
administers, offers, or provides home care services, for a fee or
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pursuant to a contract for such services, to clients in their place
of residence;
17. 23. "Home care services" means skilled or personal care
services provided to clients in their place of residence for a fee;
18. 24. "Hospice" means a centrally administered, nonprofit or
for-profit, medically directed, nurse-coordinated program which
provides a continuum of home and inpatient care for the terminally
ill patient and the patient's family. Such term shall also include
a centrally administered, nonprofit or for-profit, medically
directed, nurse-coordinated program if such program is licensed
pursuant to the provisions of the Uniform Controlled Dangerous
Substances Act. A hospice program offers palliative and supportive
care to meet the special needs arising out of the physical,
emotional and spiritual stresses which are experienced during the
final stages of illness and during dying and bereavement. This care
is available twenty-four (24) hours a day, seven (7) days a week,
and is provided on the basis of need, regardless of ability to pay.
"Class A" Hospice refers to Medicare-certified hospices. "Class B"
refers to all other providers of hospice services;
19. 25. "Imitation controlled substance" means a substance that
is not a controlled dangerous substance, which by dosage unit
appearance, color, shape, size, markings or by representations made,
would lead a reasonable person to believe that the substance is a
controlled dangerous substance, or is an agricultural drug that is
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not a controlled dangerous substance being used outside of the scope
of practice or normal course of busi ness, as defined by the Oklahoma
Veterinary Board, or is a federal Food and Drug Administration-
approved drug that is not a controlled dangerous substance being
used outside the scope of approval for illicit purposes such as
adulterating or lacing other co ntrolled dangerous substances. In
the event the appearance of the dosage unit or use is not reasonably
sufficient to establish that the substance is an imitation
controlled substance, the court or authority concerned should
consider, in addition to all ot her factors, the following factors as
related to "representations made" in determining whether the
substance is an imitation controlled substance:
a. statements made by an owner or by any other person in
control of the substance concerning the nature of the
substance, or its use or effect,
b. statements made to the recipient that the substance
may be resold for inordinate profit,
c. whether the substance is packaged in a manner normally
used for illicit controlled substances,
d. evasive tactics or actions utilized by the owner or
person in control of the substance to avoid detection
by law enforcement authorities,
e. prior convictions, if any, of an owner, or any other
person in control of the object, under state or
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federal law related to controlled substances or fraud,
and
f. the proximity of the substances to controlled
dangerous substances;
20. 26. "Immediate precursor" means a substance which the
Director has found to be and by regulation designates as being the
principal compound commonly used or produced primarily for use, and
which is an immediate chemical intermediary used, or likely to be
used, in the manufacture of a controlled dangerous substance, the
control of which is necessary to prevent, curtail or limit such
manufacture;
27. "Initial prescription" means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent in the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgical procedure
or new acute event and has previously had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, the
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practitioner shall consult with the patient and review the medical
record and prescription monitoring information of the patient;
28. "Isomer" means the optical isomer, except as used in
subsections C and F of Section 2-204 of this title and paragraph 4
of subsection A of Section 2-206 of this title. As used in
subsections C and F of Section 2-204 of this title, isomer means the
optical, positional, or geometric isomer. As used in paragraph 4 of
subsection A of Section 2-206 of this title, the term isomer means
the optical or geometric isomer;
21. 29. "Laboratory" means a laboratory approved by the
Director as proper to be entrusted with the custody of controlled
dangerous substances and the use of controlled dangerous substances
for scientific and medical purposes and for purposes of instruction;
22. 30. "Manufacture" means the production, preparation,
propagation, compounding or processing of a controlled dangerous
substance, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical
synthesis. "Manufacturer" includes any person who packages,
repackages or labels any container of any controlled dangerous
substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate consumer;
23. 31. "Marijuana" means all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; the resin
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extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture or preparation of such plant,
its seeds or resin, but shall not include:
a. the mature stalks of such plant or fiber produced from
such stalks,
b. oil or cake made from the seeds of such plant,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks (except
the resin extracted therefrom), including cannabidiol
derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a clinical trial to
administer cannabidiol for the treatment of severe
forms of epilepsy pursuant to Section 2-802 of this
title, a drug or substance approved by the federal
Food and Drug Administration for use by those
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in this state
that the person has been diagnosed by a physician as
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having Lennox-Gastaut syndrome, Dravet syndrome, also
known as severe myoclonic epilepsy of infancy, or any
other severe form of epilepsy that is not adequately
treated by traditional medical therapies, spasticity
due to multiple sclerosis or due to paraplegia,
intractable nausea and vomiting, appetite stimulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
not more than three-tenths of one percent (0.3%) and
that is delivered to the patient in the form of a
liquid,
g. any federal Food-and-Drug-Administration Food and Drug
Administration-approved drug or substance, or
h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration not more
than three-tenths of one percent (0.3%) on a dry-
weight basis which shall only be grown pursuant to the
Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate;
24. 32. "Medical purpose" means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
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diagnosis, or for the prevention of a disease condition not in
violation of any state or federal law and not for the purpose of
satisfying physiological or psychological dependence or other abuse;
25. 33. "Mid-level practitioner" means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
animal euthanasia technician as defined in Section 698.2 of Title 59
of the Oklahoma Statutes, or an animal control officer registered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2-301 of this title within the
parameters of such officer's duties under Sections 501 through 508
of Title 4 of the Oklahoma Statutes;
26. 34. "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
a. opium, coca leaves and opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geometric isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, and
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e. a substance, and any compound, manufacture, salt,
derivative or preparation thereof, which is chemically
identical with any of the substances referred to in
subparagraphs a through d of this paragraph, except
that the words narcotic drug as used in Section 2-101
et seq. of this title shall not include decocainized
coca leaves or extracts of coca leaves, which extracts
do not contain cocaine or ecgonine;
27. 35. "Opiate" or "opioid" means any Schedule II, III, IV or
V substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a
drug having such addiction-forming or addiction-sustaining
liability. The terms do not include, unless specifically designated
as controlled under the Uniform Controlled Dangerous Substances Act,
the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
salts (dextromethorphan). The terms do include the racemic and
levorotatory forms;
28. 36. "Opium poppy" means the plant of the species Papaver
somniferum L., except the seeds thereof;
37. "Palliative care" means a specialized medical service for
people of any age and at any stage of a serious illness or life-
altering medical event that focuses on na vigating complex medical
decisions while providing patient autonomy and access to
information. Utilizing a holistic and interdisciplinary team
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approach, palliative care addresses physical, int ellectual,
emotional, social, and spiritual needs. Palliative care may be
provided in the inpatient, outp atient, or home care setting and
strives to improve quality of lif e for both the patient and the
family;
38. "Patient-provider agreement" means a written contract or
agreement that is executed between a practitioner and a patient
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physical
or psychological dependence in the patient and prevent
the possible development of addiction,
b. document the understanding of both the practitioner
and the patient regarding the patient-provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the obligations of the patient in
relation to the responsible use, discontinuation of
use, and storage of opioid drugs, including any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
d. identify the specific medications and other modes of
treatment, including physical therapy or exercise,
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relaxation, or psychological counseling, that are
included as a part of the patient-provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient including, but
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
reason to believe that the patient is not complying
with the terms of the agreement. Compliance with the
"consent items" shall constitute a valid, informed
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for failure to
treat pain if the event occurs because of nonadherence
by the patient with any of the provisions of the
patient-provider agreement;
29. 39. "Peace officer" means a police officer, sheriff, deputy
sheriff, district attorney's investigator, investigator from the
Office of the Attorney General, or any other person elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
30. 40. "Person" means an individual, corporation, government
or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity;
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31. 41. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing;
32. 42. "Practitioner" means:
a. (1) a medical doctor or osteopathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under the supervision of a
licensed medical doctor or osteopathic physician,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, laboratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
to, use for scientific purposes or administer a
controlled dangerous substance in the course of
professional practice or research in this state;
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33. 43. "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled dangerous
substance;
44. "Serious illness" means a medical illness or physical
injury or condition that substantially affects quality of life for
more than a short period of time. Serious illness includes, but is
not limited to, Alzheimer's disease or related dementias, lung
disease, cancer, heart failure, renal failure, liver failure, or
chronic, unremitting, or intractable pain such as neuropathic pain;
34. 45. "State" means the State of Oklahoma or any other state
of the United States;
46. "Straw person" or "straw party", also known as a "front",
means a third party who:
a. is put up in name only to take part in a transaction
or otherwise is a nominal party to a transaction with
no actual control,
b. acts on behalf of another person to obtain title to
property and executes documents and instruments the
principal may direct respecting property, or
c. purchases property for anot her for the purpose of
concealing the identity of the real purchaser or to
accomplish some purpose otherw ise in violation of
Oklahoma Statutes;
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47. "Surgical procedure" means a procedure that is performed
for the purpose of structurally altering the human body by incision
or destruction of tissues as part of the practice of medicine. This
term includes the diagnostic or therapeutic treatment of conditions
or disease processes by use of instruments such as lasers,
ultrasound, ionizing, radiation, scalpels, probes, or needles that
cause localized alteration or transportation of live human tissue by
cutting, burning, vaporizing, freezing, suturing, probing, or
manipulating by closed reduction for major dislocations or
fractures, or otherwise altering by any mechanical, thermal, light-
based, electromagnetic, or chemical means;
48. a. "Synthetic controlled substance" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous
system that is substantially similar to or
greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
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depressant, or hallucinogenic effect on the
central nervous system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
b. The designation of gamma butyrolactone or any other
chemical as a precursor, pursuant to Section 2-322 of
this title, does not preclude a finding pursuant to
subparagraph a of this paragraph that the chemical is
a synthetic controlled substance.
c. "Synthetic controlled substance" does not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that person under the
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
with respect to such substance is pursuant to
such exemption, or
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(4) any substance to the extent not intended for
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence that a substance containing
salvia divinorum has been enhanced, concentrated, or
chemically or physically altered shall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
49. "Tetrahydrocannabinols" means all substances that have been
chemically synthesized to emulate the tetrahyd rocannabinols of
marijuana, specificall y including any tetrahydrocannabinols derived
from industrial hemp; and
35. 50. "Ultimate user" means a person who lawfully possesses a
controlled dangerous substance for the person's own use or for the
use of a member of the person's household or for administration to
an animal owned by the person or by a member of the person's
household;
36. "Drug paraphernalia" means all equipment, products and
materials of any kind which are used, intended for use, or fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, comp ounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body, a controlled dangerous
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substance in violation o f the Uniform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically
for use in planting, propagating, cultivating, growing
or harvesting of any species of plant which is a
controlled dangerous substance or from which a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing or preparing controlled
dangerous substances ,
c. isomerization devices used, intended for use, or
fashioned specifically for use in increasing the
potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying, or in analyzing
the strength, effectiveness or purity of controlled
dangerous substances,
e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and
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lactose, used, intended for use, or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashioned specifically for
use in compounding controlled dange rous substances,
i. capsules, balloons, envelopes and other containers
used, intended for use, or fashioned specifically for
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles and other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dan gerous substances
into the human body,
l. objects used, intended for use, or fashioned
specifically for use in ingesting, inhaling or
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otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent
screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has
become too small or too short to be held in the
hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
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substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term drug paraphernalia shall not include
separation gins intended for use in preparing tea or spice, clamps
used for constructing electrical equ ipment, water pipes designed for
ornamentation in which no detectable amount of an illegal substance
is found or pipes designed and used solely for smoking tobacco,
traditional pipes of an American Indian tribal religious ceremony,
antique pipes that ar e thirty (30) years of age or older, or drug
testing strips possessed by a person for purposes of determining the
presence of fentanyl or a fentanyl-related compound;
37. a. "Synthetic controlled substance" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the cent ral nervous
system that is substantially similar to or
greater than the stimulant, depressant or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
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depressant, or hallucinogenic effect on the
central nervous system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
b. The designation of gamma butyrolactone or any other
chemical as a precursor, pursuant to Section 2-322 of
this title, does not preclude a finding pursuant to
subparagraph a of this paragraph that the chemical is
a synthetic controlled substance.
c. "Synthetic controlled substance" does not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that person under the
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
with respect to such subst ance is pursuant to
such exemption, or
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(4) any substance to the extent not intended for
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence that a substance containing
salvia divinorum has been en hanced, concentrated or
chemically or physically altered shall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
38. "Tetrahydrocannabinols" means all substances that have been
chemically synthesized to emulate the tetrahydrocannabinols of
marijuana, specifically including any tetrahydrocannabinols derived
from industrial hemp;
39. "Isomer" means the optical isomer, except as used in
subsections C and F of Section 2-204 of this title and paragraph 4
of subsection A of Section 2-206 of this title. As used in
subsections C and F of Section 2-204 of this title, isomer means the
optical, positional or geometric isomer. As used in paragraph 4 of
subsection A of Section 2-206 of this title, the term isomer means
the optical or geometric isomer;
40. "Hazardous materials" means materials, whether solid,
liquid or gas, which are toxic to human, animal, aquatic or plant
life, and the disposal of which materials is controlled by state or
federal guidelines;
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41. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
42. "Acute pain" means pain, whether resulting from disease,
accidental or intentional trauma or other cause, that the
practitioner reasonably expects to last only a short period of time.
Acute pain does not include chronic pain, pain being treated as part
of cancer care, hospice or other end-of-life care, or pain being
treated as part of palliative care;
43. "Chronic pain" means pain that persists beyond the usual
course of an acute disease or healing of an injury. Chronic pain
may or may not be associated with an acute or chronic pathologic
process that causes continuous or intermittent pain over months or
years;
44. "Initial prescription" means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent in the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgical procedure
or new acute event and has previously had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
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When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, the
practitioner shall consult with the patient and review the medical
record and prescription monitoring information of the patient;
45. "Patient-provider agreement" means a written contract or
agreement that is executed between a practitioner and a patient,
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physical
or psychological dependence in the patient and prevent
the possible development of addiction,
b. document the understanding of both the practitioner
and the patient regarding the patient-provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the obligations of the patient in
relation to the responsible use, discontinuation of
use, and storage of opioid drugs, including any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
d. identify the specific medications and other modes of
treatment, including physical therapy or exercise,
relaxation or psychological counseling, that are
included as a part of the patient-provider agreement,
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e. specify the measures the practitioner may employ to
monitor the compliance of the patient including, but
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
reason to believe that the patient is not complying
with the terms of the agreement. Compliance with the
"consent items" shall constitute a valid, informed
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for failure to
treat pain if the event occurs because of nonadherence
by the patient with any of the provisions of the
patient-provider agreement;
46. "Serious illness" means a medical illness or physical
injury or condition that substantially affects quality of life for
more than a short period of time. Serious illness includes, but is
not limited to, Alzheimer's disease or related dementias, lung
disease, cancer, heart failure, renal failure, liver failure or
chronic, unremitting or intractable pain such as neuropathic pain;
and
47. "Surgical procedure" means a procedure that is performed
for the purpose of structurally altering the human body by incision
or destruction of tissues as part of the practice of medicine. This
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term includes the diagnostic or therapeutic treatment of conditions
or disease processes by use of instruments such as lasers,
ultrasound, ionizing, radiation, scalpels, probes or needles that
cause localized alteration or transportation of live human tissue by
cutting, burning, vaporizing, freezing, suturing, probing or
manipulating by closed reduction for major dislocations or
fractures, or otherwise altering by any mechanical, thermal, light-
based, electromagnetic or chemical means.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-106.2, is
amended to read as follows:
Section 2-106.2 A. The Oklahoma State Bu reau of Narcotics and
Dangerous Drugs Control, pursuant to rules promulgated by the
Oklahoma State Bureau of Narcotics an d Dangerous Drugs Control
Commission, is hereby authorized to:
1. Make available for sale used vehicles, used equipment and
forfeited property to any federal, state, county, or municipal
agency, trust authority or public school district;
2. Sell at public auction any used vehicles, used equipment and
any property forfeited to the Bureau; and
3. Donate or transfer title to any surplus p roperty as defined
in Section 62.2 of T itle 74 of the Oklahoma Statutes, or property
forfeited to the Bureau, to any law enforcement agency of any
political subdivision of the State o f Oklahoma. The use of such
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donated equipment shall be limited to valid and authorized law
enforcement efforts by the receiving agency.
B. Any property subject to this section shall be exempte d from
the provisions set for th in Section 62.3 of Title 74 of the Oklahoma
Statutes.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2-304, as
amended by Section 3, Chapter 375, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 2-304), is amended to read as follows:
Section 2-304. A. A registration, pursuant to Section 2-303 of
this title, to manufacture, distribute, dispe nse, prescribe,
administer or use for scientific purposes a controlled dangerous
substance shall be limited, conditioned, denied, suspended,
annulled, or revoked by the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control upon a finding that the
registrant or applicant:
1. Has materially falsified any applicatio n filed pursuant to
the Uniform Controlled Dangerous Substances Act or requi red by the
Uniform Controlled Dangerous Substances Act. It shall be unlawful
to knowingly and willfully intentionally:
a. make false statements, include false data or omit
material information on an application for a
registration with the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, or
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b. provide false data or omit material information in any
records or reports required by rule or law to be
created, maintained or submitted to the Bureau.
Any registrant or applicant for a registration or any official,
agent or employee of any registrant or applicant for a registration
who violates the provisions of this paragraph shall be guilty of a
misdemeanor and additionally subject to admin istrative action;
2. Has been found guilty of, entered a plea of guilty or
entered a plea of nolo contendere to a misdemeanor relating to any
substance defined herein as a controlled dangerous substance or any
felony under the laws of any state or the Uni ted States;
3. Has had his or her federal registration retired, suspended
or revoked by a competent federal authority and is no longer
authorized by federal law to manufacture, distribute, dispense,
prescribe, administer or use for scientific purposes con trolled
dangerous substances;
4. Has failed to maintain effective controls against the
diversion of controlled dangerous substances to unauthorized persons
or entities;
5. Has prescribed, dispensed or administered a controlled
dangerous substance from sc hedules other than those specified in his
or her state or federal registration;
6. Has had a restriction, suspension, revocation, limitation,
condition or probation placed on his or her professional license or
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certificate or practice as a result of a proc eeding pursuant to the
general statutes;
7. Is abusing or, within the past five (5) years, has abused or
excessively used drugs or controlled dangerous substances;
8. Has prescribed, sold, administered or ordered any controlled
dangerous substance for an immediate family member, himself or
herself; provided that this shall not apply to a medical emergency
when no other doctor is available to respond to the emergency;
9. Has possessed, used, prescribed, dispensed or administered
drugs or controlled dangerous substa nces for other than legitimate
medical or scientific purposes or for purpos es outside the normal
course of his or her professional practice;
10. Has been under the influence of alcohol or another
intoxicating substance which adversely affected the central nervous
system, vision, hearing or other sensory or motor functioning to
such degree the person was impaired during the performance of his or
her job; or
11. Has violated any federal law relating to any controlled
dangerous substances, any provision of the Uniform Controlled
Dangerous Substances Act or any rules of the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control.
B. In the event the Director suspends or revokes a registration
granted under Section 2-303 of this title, all controlled dangerous
substances owned or possessed by the registrant pursuant to such
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registration at the time of revocation or suspension or the
effective date of the revocation order, as the case may be, may in
the discretion of the Director be impounded and preserved . All
controlled dangerous substances not impounded or preserved by the
Director shall be maintained by the registran t. No Upon issuance of
a revocation order, no disposition, purchase, distribution, sale, or
transfer may be made of controlled dangerous substances until the
time for taking an appeal has elapsed or until all appeals have been
concluded unless a court, upon application therefor, orders the sale
of perishable substances and the deposit of the proceeds of the sale
with the court to be distributed to the prevailing party. Upon a
revocation order becoming final, all such controlled dangerous
substances shall be forfeited to the state or otherwise considered
waste and submitted to a licensed waste disposal service for
destruction pursuant to Section 430 of this title in accordance with
applicable law and by order of the Director.
C. The Drug Enforcement Administration shall promptly be
notified of all orders suspending or revoking registration and all
forfeitures of controlled dangerous substances.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 2-305, as
amended by Section 4, Chapter 375, O.S.L. 2023 (63 O.S. Supp. 2 023,
Section 2-305), is amended to read as follows:
Section 2-305. A. In addition to any other remedies provided
for by law, the Director shall issue a writte n order to be served on
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the parties before annulling, conditioning, suspending or revoking
any registration that the Director has reason to believe is
operating inconsistent with any provision of Section 2-303 of this
title, pursuant to Section 2-304 of this title or otherwise where
there has been a violation of any federal law, any rule or
regulation of the Drug Enforcement Administration, any provision of
the Uniform Controlled Dangerous Substances Act, or any rules or
regulations of the Oklahoma State Bu reau of Narcotics and Dangerous
Drugs Control.
B. The written order shall state with specificit y the nature of
the violation or basis for the action. The Director may impose any
disciplinary action authorized by the Uniform Controlled Dangerous
Substances Act or rules of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control including, but not limited to, the
assessment of monetary penalties.
C. Any written order issued pursuant to the provisions of this
section shall become a final order unl ess the registrant requests an
administrative hearing in accordance with the rules and regulatio ns
promulgated by the Director within thirty (30) days of issuance.
Upon such request, the Director shall promptly initiate
administrative proceedings and serv e formal notice of the
proceedings pursuant to Section 309 of Title 75 of the Oklahoma
Statutes. Nothing in this section shall be construed so as to
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require an individual proceeding for the denial of a new application
for registration.
D. The Director may authorize the Deputy Director or the
General Counsel of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control to initiate any individual proceedings under
this title. Nothing in this section shall be construed so as to
delegate the authorit y of the Director to issue a final agency order
of an individual proceeding adverse to a party. If a party fails to
request an administrative hearing in a timely manner, the written
order as issued shall be deemed ad opted by the Director as the final
agency order concerning the matter without further action by the
Director.
E. All proceedings shall be conducted in accordance with the
Administrative Procedures Act and the rules and regulations of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs C ontrol
without regard to any criminal prosecution or other proceeding.
1. Proceedings to refuse renewal, revoke, or suspend a
registration shall not abate the existing registration which shall
remain in effect pending the outcome of those administrative
proceedings; provided, the registrant submits timely and sufficient
renewal applications annually . This abatement shall not apply when
the Director finds there is an imminent danger to the public health
or safety requiring an immediate suspension.
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2. The Director may delegate to an administrative hearing
officer the authority to conduct hearings and recommend action for
final agency orders in accordance with the rules and regulations of
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
F. The Director may issue an order immediately suspending a
registration, without notice or a hearing, when he or she finds
there is imminent danger to the public health or safety which
warrants this action. The suspension shall continue in effect until
the conclusion of any administrative proceedings, including judicial
review thereof, unless sooner withdrawn by the Director or dissolved
by a court of competent jurisdiction. The order shall state the
existence of an emerge ncy requiring action be taken that the
Director deems necessary to meet the emergency. Such action may
include, but is not limited to, ordering the registrant to
immediately cease and desist operations. The order shall be
effective immediately upon issua nce. Any person to whom the order
is directed shall comply immediately with the provisions of the
order. The Director may assess a penalty not to exceed Ten Thousand
Dollars ($10,000.00) per day of noncompliance with the order. In
assessing such a penal ty, the Director shall consider the
seriousness of the violation and any efforts to comply with
applicable requirements. Upon application to the Director, the
registrant shall be offered a hearing within thirty (30) days of the
issuance of the order.
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G. In lieu of or in addition to any other remedies available to
the Director, if a finding is made that a registrant has committed
any act in violation of federal law rela ting to any controlled
substance, any provision of the Unifor m Controlled Dangerous
Substances Act or any rules of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Director is hereby
authorized to assess an administrative penalty not to exceed Five
Thousand Dollars ($5,000.00) per day for each such act. The
provisions of this subsection shall not apply to violations of
subsection G of Section 2-309D of this title. Nothing in this
section shall be construed so as to permit the Direct or of the
Oklahoma State Bureau of Narcotics and Dangerous Dr ugs Control to
assess administrative fines for violations of the provisions of
subsection G of Section 2-309D of this title.
H. If a judge of competent jurisdiction finds probable cau se
that a registrant has possessed, transferred, sold, or offered for
sale any controlled dangerous substance in violation of this act,
all controlled dangerous substances in Schedule I of Section 2-204
of this title and all controlled dangerous substances in Schedu les
II, III, IV, and V that are not in properly labeled container s in
accordance with this a ct then in the possession of the registrant
shall be deemed contraband and shall be seized and summarily
forfeited pursuant to Section 2-505 of this title. Samples shall be
retained of all controlled dangerous substances seized in accordance
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with Section 2-508 of this title as required. The Director is
authorized to assess an eradication or destruction fine not to
exceed Fifty Thousand Dollars ($50,000.00) against the registrant.
H. I. Upon an annulment, revocation, or denial of a
registration the Director may prohibit the registrant or applicant
from reapplying for registration for a period up to five (5) years
following the date of the final order. The length of any
prohibition shall not be used as grounds to contest the validity o f
the annulment, revocation, or denial of a registration.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 2-309, as
amended by Section 2, Chapter 304, O.S.L. 2023 ( 63 O.S. Supp. 2023,
Section 2-309), is amended to read as f ollows:
Section 2-309. A. 1. Except for dosages medically required
for a period not to exceed forty-eight (48) hours which are
administered by or on direction of a practitioner, other than a
pharmacist, or medication dispensed directly by a practitioner,
other than a pharmac ist, to an ultimate user, no controlled
dangerous substance included in Sc hedule II, which is a prescription
drug as determined under regulation promulgated by the Board of
Pharmacy, shall be dispensed without an electronic prescription of a
practitioner; provided, that in emergency situations, as prescribed
by the Board of Phar macy by regulation, such drug may be dispensed
upon oral prescription reduced promptly to writing and filed by the
pharmacist in a manner to be prescribed by rules and regulations of
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the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
2. Electronic prescribing shall be utilized for Schedules II,
III, IV and V, subject to t he requirements set forth in 21 CFR,
Section 1311 et seq.
3. An electronic presc ription with electronic signature may
serve as an original prescription, s ubject to the requirements set
forth in 21 CFR, Section 1311 et seq.
4. Prescriptions shall be retai ned in conformity with the
requirements of this section and Section 2-307 of this title. No
prescription for a Schedule II substance may be refilled.
5. The electronic prescription requirement provided for in this
section shall not apply to prescriptions for controlled dangerous
substances issued by any of the following:
a. a person licensed to practice veterinary medicine,
b. a practitioner who experience s temporary technological
or electrical failure or other extenuating
circumstance that prevents the p rescription from being
transmitted electronically; provided, however, that
the practitioner documents the reason for this
exception in the medical record o f the patient,
c. a practitioner, other than a pharmacist, who dispenses
directly to an ultimate user ,
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d. a practitioner who orders a controlled dangerous
substance to be administere d through an on-site
pharmacy in:
(1) a hospital as defined in Section 1 -701 of this
title,
(2) a nursing facility as defined in Section 1-1902
of this title,
(3) a hospice inpatient facility as defined in
Section 1-860.2 of this title,
(4) an outpatient dialysis facility,
(5) a continuum of care facility as defined in
Section 1-890.2 of this title, or
(6) a penal institution listed in Section 509 of
Title 57 of the Oklahoma St atutes,
e. a practitioner who orders a controlled dangerous
substance to be admin istered through a hospice program
including but not limited to a hospice program that
provides hospice services in the private residence of
a patient or in a long-term care facility where the
patient resides. As used in this subparagraph,
"hospice program" has the same meaning as provided by
Section 1-860.2 of this title,
f. a practitioner who writes a prescription to be
dispensed by a pharmacy located on federal property,
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provided the practitioner documents the reason for
this exception in the medic al record of the patient,
or
g. a practitioner that has received a waiver or extension
from his or her licensing board,
h. a practitioner who prescribes a con trolled dangerous
substance for a supply that when taken as prescribed
would be consumed within seventy -two (72) hours, or
i. a practitioner who determines that an electronic
prescription cannot be issued in a timel y manner and
the condition of the patient is at risk .
6. Electronic prescriptions shall not may be utilized under the
following circumstances:
a. compound compounded prescriptions containing two or
more commercially available products or two or more
active pharmaceutical ingredients,
b. compounded infusion prescriptions containing two or
more commercially available products or two or mo re
active pharmaceutical ingredient s, or
c. prescriptions issued under approved research
protocols, or
d. if the practitioner determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk .
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7. A pharmacist who receives a written, ora l or facsimile
prescription shall not be required to verify that the prescription
falls under one of the exceptions provided for in paragraph 6 of
this subsection. Pharmacists may cont inue to dispense medications
from otherwise valid written, oral or facs imile prescriptions that
are consistent with the provisions of this section.
8. Practitioners shall indicate in the health record of a
patient that an exception to the electronic presc ription requirement
was utilized.
9. All prescriptions issued pursuant to paragraphs paragraph 5
and subparagraph c of paragra ph 6 of this subsection shall be issued
on an official prescription form provided approved by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control if not issued
electronically.
10. a. Effective January 1, 2020, practitioners Practitioners
shall register be registered with the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control in
order to be issued purchase official prescription
forms. Such registration shall include, but not be
limited to, the primary address and the address of
each place of business to be imprinted on official
prescription forms. Any change to a regist ered
practitioner's registered address shall be promptl y
reported to the practitioner's licensing board and the
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Bureau by the practitioner in a manner approved by the
Bureau.
b. A practitioner's registration shall be without fee and
subject to approval by the Bureau. Such registration
shall be valid for a per iod of two (2) years and may
be denied, suspended or revoked by the Bu reau upon a
finding by the Bureau or licensing board that the
registered practitioner has had any license to
practice a medical pro fession revoked or suspended by
any state or federal ag ency.
c. Where the Bureau has revoked the registration of a
registered practitioner, the Bureau may revoke or
cancel any official prescription forms in the
possession of the registered practitioner. A ny
revocation or any suspension shall require the
registered practitioner to return all unused official
prescription forms to the Bureau within fiftee n (15)
calendar days after the date of the written
notification.
d.
c. A practitioner that has had any license to practice
terminated, revoked or suspended by a sta te or federal
agency may, upon restoration of such license or
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certificate, register to be issued official
prescription forms with the Bureau.
11. a. Except as provided in subparagrap h f of this
paragraph, the Bureau shall issue official Official
prescription forms free of charge only to registered
practitioners in this st ate. Such forms shall not be
transferable. The number of official prescription
forms issued to a registered shall be purchased at the
expense of the practitioner at any time shall be at
the discretion of or the employer of the practitioner
from a list of vendors approved by the Bureau.
b. Official prescription forms issued to a registered
practitioner shall be imprinted only with the primary
address and may include other addresses listed on the
registration of the practitioner to identify the place
of origin. Such prescriptions shall be sent only to
the primary address of the registered practitioner.
c. Official prescription forms issued to of a registered
practitioner shall be used o nly by the practitioner to
whom they are issued designated on the official
prescription form.
d. The Bureau may revoke or cancel official prescription
forms in possession of registered practitioners when
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the license of such practitioner is suspended,
terminated or revoked.
e. Official prescription forms of registered
practitioners who are deceased or who no lon ger
prescribe shall be returned to the Bureau at a
designated address. If the registered practitioner is
deceased, it is the responsibility of the registered
practitioner's estate or lawful designee to return
such forms.
f. The Bureau may issue official p rescription forms to
employees or agents of the Bureau and other government
agencies for the purpose of preventing, identifying,
investigating and prosecuting unacceptabl e or illegal
practices by providers and other perso ns and assisting
in the recovery of overpayments under any program
operated by the state or paid for with state funds.
Such prescription forms shall be issued for this
purpose only to individuals who are authorized to
conduct investigations on behalf of t he Bureau or
other government agenc ies as part of their official
duties. Individuals and agencies receiving such
prescription forms for this purpose shall provide
appropriate assurances to the Bureau that adequate
safeguards and security measures are in p lace to
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prevent the use of such pre scription forms for
anything other than official government purposes.
12. a. Adequate safeguards and security measures shall be
undertaken by registered practitioners hol ding
official prescription forms to assure against the
loss, destruction, theft or un authorized use of the
forms. Registered practitioners shall maintain a
sufficient but not excessive supply of such forms in
reserve.
b. Registered practitioners shall imm ediately notify the
Bureau, in a manner designated by the Bureau, upon
their knowledge of the loss, destruction, theft or
unauthorized use of any official prescription forms
issued to them, as well as the failure to receive
official prescription forms with in a reasonable time
after ordering them from the B ureau.
c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of any diversion or
suspected diversion of drugs pursuant to the loss,
theft or unauthorized use of prescriptions .
B. 1. Except for dosages medically required for a period not
to exceed seventy-two (72) hours which are administered by or on
direction of a practitioner, other than a pharmacist, or medication
dispensed directly by a practiti oner, other than a pharmac ist, to an
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ultimate user or the circumstances provi ded for in paragraphs 5 and
6 of subsection A of this secti on, no controlled dangerous substance
included in Schedule III or IV, which is a prescription drug as
determined under regulation promulgated by the Board of Pharmacy,
shall be dispensed w ithout an electronic prescription.
2. Any prescription for a controlled dangerous substance in
Schedule III, IV or V may not be fi lled or refilled more than six
(6) months after the date thereof or be refilled more than five
times after the date of the prescription, unless renewed by the
practitioner.
C. Whenever it appears to the Director of the Oklahoma State
Bureau of Narcotics a nd Dangerous Drugs Control that a drug not
considered to be a prescription drug under existing state law or
regulation of the Board of Pharmacy should be so considered bec ause
of its abuse potential, the Director shall so advise the Board of
Pharmacy and furnish to the Board all available data relevant
thereto.
D. 1. "Prescription", as used in this section, means a
written, oral or electronic order by a practitioner to a pharmacist
for a controlled dangerous substance for a particular patient, which
specifies the date of its issue, and the full name and address of
the patient and, if the controlled dangerous substance is prescribed
for an animal, the species of the animal, the name and quantity of
the controlled dangerous substance prescribed, the directio ns for
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use, the name and address of the owner of the animal and, if
written, the signature of the practitioner. When electronically
prescribed, the full name of the patient may include the name and
species of the animal.
2. "Registered practitioner", as used in this section, means a
licensed practitioner duly registered with the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control authorized to be issued
purchase official prescription forms.
E. No person shall solicit, dispense, receive or deliver any
controlled dangerous substance throug h the mail, unless the ultimate
user is personally k nown to the practitioner and circ umstances
clearly indicate such method of delivery is in the best interest of
the health and welfare of the ultimate user.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 2-406, as
amended by Section 2, Chapter 235, O.S.L. 2023 (63 O.S. S upp. 2023,
Section 2-406), is amended to read as follows:
Section 2-406. A. It shall be unlawful for any registrant or
person applying for registration to knowingly or intentio nally:
1. To distribute Distribute, other than by dispensing or as
otherwise authorized by the Uniform Controlled Dangerous Substances
Act, a controlled dangerous substance classified in Schedules I or
II, in the course of his or her legitimate business, except pursuant
to an order form as required by Section 2 -308 of this title;
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2. To use Use in the course of the manufacture or distribution
of a controlled dangerous substance a registration number which is
fictitious, revoked, suspended or issued to another person;
3. To acquire Acquire or obtain possession of a controlled
dangerous substance by misrepresentation, fra ud, forgery, deception
or subterfuge;
4. To furnish Furnish false or fraudulent material information
in, or omit any material information from, any application, report,
or other document required to be kept or filed under the Uniform
Controlled Dangerous Substances Act, or any record required to be
kept by the Uniform Controlled Dangerous Substances Act;
5. To make Make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, i mprint, or device
of another or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance; and
6. To purchase Purchase, or attempt, endeavor, or conspire to
obtain or purchase, any license or registration required to
distribute, possess, prescribe, or manufacture any controlled
dangerous substance on behalf of, or at the request or demand of,
any other person through the use of a straw person or straw party.
B. Any person who violates this section is gu ilty of a felony
punishable by imprisonment for not more than twenty (20) years or a
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fine not more than Two Hundred Fifty Thousand Dollars ($250,000.00),
or both.
C. Any person convicted of a second or subsequen t violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fine otherwise authorized.
Convictions for second or subsequent violations of this section
shall not be subject to statutory provisions fo r suspended
sentences, deferred sentences, o r probation.
D. Any person convicted of any offense described in this
section shall, in addition to any fi ne imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
SECTION 7. REPEALER 63 O.S. 2021, Sections 2-101, as
last amended by Section 10, Chapter 91, O.S.L. 2019, Section 1,
Chapter 235, O.S.L. 2023, and Section 1, Chapter 304, O.S.L. 2023,
2-304, as last amended by Section 1, Chapter 176, O.S.L. 2023, 2-
305, as amended by Section 2, Chapter 176, O.S.L. 2023, 2-309, as
last amended by Section 1, Chapter 333, O.S.L. 2021, 2-402, as last
amended by Section 1, Chapter 220, O.S.L 2016 and 2-406 as last
amended by Section 7, Chapter 375, O.S.L. 2023 (63 O.S. Supp. 2023,
Sections 2-101, 2-304, 2-305, 2-309, 2-402 and 2-406), are hereby
repealed.
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SECTION 8. It being immediately necessary for the pre servation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whe reof this act shall take effect and
be in full force from and after its passage an d approval.
Passed the House of Representatives the 12th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2024.
Presiding Officer of the Senate