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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL NO. 1698 By: Rader
AS INTRODUCED
An Act relating to controlled dangerous substances;
amending 63 O.S. 2021, Section 2 -315, which relates
to submission of out-of-date controlled dangerous
substances for destruction ; authorizing hospice
program to submit controlled dangerous substances for
destruction under certain conditions; requiring
submission of certain form; and providi ng an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -315, is
amended to read as follows:
Section 2-315. A. 1. Except as otherwise provided by law, any
person required to obtain an annual regis tration pursuant to Section
2-302 of this title, or any group home, or residential care home as
defined by Section 1 -820 of this title shall submit for destruction
all controlled dangerous substances which are out of date, which are
unwanted, unused or whi ch are abandoned by their owner at their
facility due to death or other circumstan ces.
2. In the case of a decedent who was receiving at-home hospice
care at the time of death , a physician, physician assistant, nurse ,
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or other person employed by a registered hospice program, while
acting within the scope of his or her employment, may submit for
destruction any unused quantity of controlled dangerous substances
that were lawfully dispensed to the decedent prior to death. Such
employee shall, under penalty of perjury, complete, sign, and submit
any required form as described in subsection B of this section,
which shall also be signed by a witness who is eithe r another
employee of the hospice program or a f amily member of the decedent .
B. All controlled dangerous substances described in subsection
A of this section shall be submitted to the Oklahoma City laboratory
of the Oklahoma State Bureau of Investigation, along with all
required information on forms provided by the Oklahoma State Bureau
of Investigation, to the federal Drug Enforcement Administration, to
a duly registered reverse dist ributor, to the original registered
supplier or their registered agent, to a duly registered retail
pharmacy, or to a hospital or clinic with an on-site pharmacy
pursuant to the rules set forth in Part 1 317 of Title 21 of the Code
of Federal Regulations. When any such substance is transported by
private contract or common carrier or United States Postal Service
for the purpose of destruction, the sender shall require a recei pt
from such private contract or common carrier or United States Postal
Service, and such receipt shall be retained as a permanent record by
the sender.
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C. Controlled dangerous substances submitted to the Oklahoma
State Bureau of Investigation pursuant to the provisions of this
section shall be destroyed pursuant to t he procedures provided in
subsection A of Section 2 -508 of this title.
Controlled dangerous substances submitted to any distributors,
reverse distributors or their original registered supplier s pursuant
to the provisions of this section shall be destroyed by incineration
so as to make the substance absolutely unusable for human purposes.
An official record listing the property destroyed, the location of
destruction and disposal, and the name a nd title of the person
supervising the destruction and disposal shall be submitted to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and
the federal Drug Enforcement Administration office located nearest
the destruction site.
D. The Office of the Chief Medical Examiner is hereby
authorized to perform on -site incineration of all controlled
dangerous substances which are obtained in the discharge of the
official duties of the Chief Medical Examiner. Any record relating
to destruction of a controlled dangerous substance shall be
maintained as required by the state or federal government and shall
be available for inspection by appropriate state or federal
government regulatory agencies.
E. This section shall constitute a part of the Unifor m
Controlled Dangerous Substances Act.
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SECTION 2. This act shall become effective November 1, 2024.
59-2-3371 DC 1/16/2024 5:11:36 PM