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SENATE FLOOR VERSION
February 29, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1698 By: Rader
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; modifying applicability
of certain provisions; modifying terminology;
removing certain limitations on disposal of
controlled dangerous substances; requiring compliance
with federal regulation; allowing ultimate user to
submit own drugs for disposal under certain
conditions; permitting disposal of decedent ’s
prescribed drugs unde r certain conditions;
authorizing qualified hospice program to dispose of
decedent’s prescribed drugs under certain conditions;
requiring completion, witness, and submission of
certain form; defining terms; and providing 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. Except as otherwise provided by law, any
person required to obtain an annual registration 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
dispose of, in accordance with 21 C.F.R., Part 1317, all controlled
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dangerous substances which are out of date, which are unwanted,
unused or which are abandoned by their owner at their facility due
to death or other circumstances.
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 d istributor, 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 1317 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 or disposal, the sender shall require
a receipt 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.
C. 1. Controlled dangerous substances submitted to the
Oklahoma State Bureau of Inve stigation pursuant to the provisions of
this section shall be destroyed pursuant to the procedures provided
in subsection A of Section 2 -508 of this title.
2. Controlled dangerous substances submitted to any
distributors, reverse distributors or their ori ginal registered
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suppliers pursuant to the provisions of this section shall be
destroyed by incineration so as to make the substance absolutely
unusable for human purposes in accordance with 21 C.F.R., Part 1317 .
An official record listing the property de stroyed, the location of
destruction and disposal, and the name and 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 Admin istration office located nearest
the destruction site.
D. The Office of the Chief Me dical 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 th e 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. 1. An ultimate user who has lawfully obtained a controlled
dangerous substance in accordance with state and federal law may,
without being registered under Section 2 -302 of this title, deliver
the controlled dangerous substance to an authorized person for the
purpose of disposal of the controlled dangerous substance under the
conditions provided by 21 U.S.C., Section 822(g)(1).
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2. If a person dies while lawfully in possession of a
controlled dangerous substance for personal use, any person lawfully
entitled to dispose of the decedent ’s property may deliver the
controlled dangerous substance to another person for the purpose of
disposal under the conditions provided by 21 U.S.C., Section
822(g)(4).
3. a. In the case of a decedent who was rece iving hospice
care at the time of death, an employee of a qualified
hospice program, acting within the scope of his or her
employment, may handle, without being registered under
Section 2-302 of this title, any controlled dangerous
substance that was lawfully dispensed to the decedent
prior to death, under the conditions provided by 21
U.S.C., Section 822(g)(5) . Such employee shall, under
penalty of perjury, complete, sign, and submit to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control a form to be prescribed by the Bureau. The
form shall also be signed by a witness who is either a
second employee of the qualified hospice program or a
family member of the decedent.
b. As used in this paragraph:
(1) “employee of a qualified hospice program ” has the
same meaning as provided by 21 U.S.C., Section
822(g)(5)(B), and
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(2) “qualified hospice program ” means a qualified
hospice program as defined in 21 U.S.C., Section
822(g)(5)(B) that is licensed under the Oklahoma
Hospice Licensing Act and registered under
Section 2-302 of this title.
F. This section shall constitute a part of the Uniform
Controlled Dangerous Substances Act.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND H UMAN SERVICES
February 29, 2024 - DO PASS AS AMENDED BY CS