An Act
ENROLLED SENATE
BILL NO. 1344 By: Rosino of the Senate
and
West (Josh), Munson, and
McDugle of the House
An Act relating to nonopioid alternatives; directing
specified agencies to seek certain funding
opportunities and provide certain assistanc e with
opioid grant awards; defining term; granting certain
protection to nonopioid drugs relating to Medicaid
drug formulary; prohibiting certain denial of
coverage; providing certain construction ; amending 74
O.S. 2021, Section 30.5, as amended by Sectio n 1,
Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023, Section
30.5), which relates to definitions used in the
Political Subdivisions Opioid Abatement Grants Act;
broadening approved purposes; providing for
codification; and providing an effective date .
SUBJECT: Nonopioid alternatives
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -402 of Title 43A, unless there
is created a duplicat ion in numbering, reads as follows:
The Department of Mental Health and Substance Abuse Services,
the State Department of Health, and the Oklahoma Health Care
Authority shall:
ENR. S. B. NO. 1344 Page 2
1. Collaborate to seek funding opportunities for educational
and health care services related to nonopioid alternatives; and
2. Assist, upon request, political subdivisions that receive
opioid grant awards under the Political Subdivisions Opioid
Abatement Grants Act with the development and implementation of
educational and healt h care services related to nonopioid
alternatives.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5031 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section, “contracted entity” has the same
meaning as provided by Section 4002.2 of Title 56 of the Oklahoma
Statutes.
B. In establishing and maintaining the formulary for the state
Medicaid program, the Oklahoma Health Care Authority shall ensure
that no nonopioid drug approved by the United States Food and Drug
Administration (FDA) for the treatment or management of pain shall
be disadvantaged or discouraged by either the Authority or a
contracted entity with respect to coverage on th e formulary relative
to any opioid or narcotic drug for the treatment or management of
pain.
C. When a contracted provider prescribes a n FDA-approved
nonopioid drug for the treatment or management of pain , the
Authority or a contracted entity shall not d eny coverage of the
nonopioid drug in favor of a n opioid drug.
D. This section does not preclude opioid drugs from being
preferred over other opioid drugs or nonopioid drugs from being
preferred over other nonopioid drugs.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 30.5, as
amended by Section 1, Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023,
Section 30.5), is amended to read as follows:
Section 30.5. As used in the Political Subdivisions Opioid
Abatement Grants Act:
ENR. S. B. NO. 1344 Page 3
1. “Approved purpose” and “approved purposes” mean evidence-
based, forward-looking strategies, programming and services used to:
a. expand the availability of treatment for individuals
affected by opioid use disorders, co -occurring
substance use disorders and ment al health issues,
b. develop, promote and provide evidence -based opioid use
prevention strategies,
c. provide opioid use disorder and co -occurring substance
use disorder avoidance and awareness education,
d. decrease the oversupply of licit and illicit opioids,
e. support recovery from addiction services performed by
qualified and appropriately licensed providers,
f. treat opioid use, abuse and disorders including early
intervention screening, counseling and support,
g. support individuals in treatmen t and recovery from
opioid use, abuse and disorder,
h. provide programs or services to connect individuals
with opioid use, abuse or disorder, or who are at risk
of developing opioid use disorder, co -occurring
substance use disorder and mental health issu es, with
treatment and counseling programs and services,
i. address the needs of individuals who are involved, or
who are at risk of becoming involved, in the criminal
justice system due to opioid use, abuse or disorder
through programs or services in mun icipal and county
criminal judicial systems including prearrest and
postarrest diversion programs, pretrial services and
drug or recovery courts,
j. address the needs of pregnant or parenting women with
opioid use, abuse or disorder and their families,
ENR. S. B. NO. 1344 Page 4
k. address the needs of parents and caregivers caring for
babies with neonatal abstinence syndrome,
l. support efforts to prevent overprescribing and ensure
appropriate prescribing and dispensing of opioids,
m. support efforts to discourage or prevent mis use of
opioids including the oversupply of licit and illicit
opioids,
n. support efforts to prevent or reduce overdose deaths
or other opioid-related harms including through
increased availability and distribution of naloxone
and other drugs that treat ov erdoses for use by first
responders, persons who have experienced an overdose
event, families, schools, community -based service
providers, social workers and other members of the
public,
o. reimburse or fund law enforcement and emergency
responder expenditures relating to the opioid epidemic
including costs of responding to emergency medical or
police calls for service, equipment, treatment or
response alternatives, mental health response training
and training for law enforcement and emergency
responders as to appropriate practices and precautions
when dealing with opioids or individuals who are at
risk of opioid overdose or death,
p. reimburse attorney fees and allowable expenses
directly related to opioid litigation incurred as part
of legal services agr eements entered into before May
21, 2020,
q. support efforts to provide leadership, planning and
coordination to abate the opioid epidemic through
activities, programs or strategies for prevention and
recovery models including regional intergovernmental
efforts and not-for-profit agency support,
r. support education of youths regarding the dangers of
opioid use, abuse and addiction,
ENR. S. B. NO. 1344 Page 5
s. fund training relative to any approved purpose,
t. monitor, surveil and evaluate opioid use, abuse or
disorder, or
u. provide educational and health care services related
to nonopioid treatment alternatives, or
v. provide opioid abatement as identified by the Oklahoma
Opioid Abatement Board as consistent with the purpose
of the Political Subdivisions Opioid Abatement Gra nts
Act.
Provided that, such strategies, programming and services occurred on
or after January 1, 2015;
2. “Board” means the Oklahoma Opioid Abatement Board;
3. “Eligible participant ” means any political subdivision
impacted by the opioid crisis;
4. “Nonapproved purpose” and “nonapproved purposes ” mean
strategies, programming and services not falling within the
definition of approved purpose or approved purposes as defined in
this section;
5. “Opioid funds” means all monetary amounts obtained throu gh a
settlement or judgment by the Attorney General on behalf of this
state related to opioid litigation involving pharmaceutical supply
chain participants including the Purdue Political Subdivisions Fund
but excluding all other funds received pursuant to the Purdue
Settlement Agreement;
6. “Opioid grant awards” means grants funded from the Oklahoma
Opioid Abatement Revolving Fund, awarded pursuant to the provisions
of the Political Subdivisions Opioid Abatement Grants Act;
7. “Pharmaceutical supply cha in” means the process and channels
through which controlled substances are manufactured, marketed,
promoted, distributed or dispensed;
ENR. S. B. NO. 1344 Page 6
8. “Pharmaceutical supply chain participant ” means any entity
that engages in or has engaged in the manufacture, market ing,
promotion, distribution or dispensing of an opioid analgesic;
9. “Political subdivision ” and “political subdivisions ” have
the same meaning as provided in subparagraphs a, b, c and d of
paragraph 11 of Section 152 of Title 51 of the Oklahoma Statute s;
10. “Purdue Political Subdivision Fund ” means the Twelve
Million Five Hundred Thousand Dollars ($12,500,000.00) plus any
interest accrued thereon received from the Revive Oklahoma Health
Foundation consisting of funds from the Purdue Settlement Agreem ent
designed for distribution to political subdivisions which have
executed a release of legal claims as required by the Purdue
Settlement Agreement; and
11. “Purdue Settlement Agreement ” means the settlement
agreement entered into by this state and Purd ue Pharma L.P., Purdue
Pharma, Inc. and the Purdue Frederick Company on March 26, 2019, and
approved by the Court on April 2, 2019.
SECTION 4. This act shall become effective November 1, 2024.
ENR. S. B. NO. 1344 Page 7
Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 17th day of April, 2024.
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: _______________________________ __