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SENATE FLOOR VERSION
February 12, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1943 By: Paxton
An Act relating to the Uniform Controlled Dangerous
Substances Act; amending 63 O.S. 2021, Section 2-302,
as amended by Section 1, Chapter 103, O.S.L. 2023 (63
O.S. Supp. 2023, Section 2 -302), which relates to
registration requirements; setting expiration of
registration and requirement for application
annually; requiring certain disclosure at
application; providing exception; prohibiting
transfer of registration; amending 63 O.S. 2021,
Section 2-303, as amended by Section 1, Chapter 31,
1st Extraordinary Session, O.S.L. 2023 (63 O.S. Supp.
2023, Section 2-303), which relates to regis tration;
removing ability for persons to be initially
permitted and certain fees associated with
registration; providing for p romulgation of rules ;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-302, as
amended by Section 1, Chapter 103, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 2-302), is amended to read as follows:
Section 2-302. A. Every person who manufactures, distributes,
dispenses, prescribes, administers or uses for scien tific purposes
any controlled dangerous substance within or into this state, or who
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proposes to engage in the manufacture, distribution, dispensing,
prescribing, administering or use for scientific purposes o f any
controlled dangerous substance within or i nto this state shall
obtain a registration issued by the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, in accordance with
rules promulgated by the Director . Persons registered by the
Director under Section 2 -101 et seq. of this title to manufacture,
distribute, dispense or conduct research with controlled dange rous
substances may possess, manufacture, distribute, dispense or conduct
research with those substances to the exten t authorized by their
registration and in confor mity with the other provision s of the
Uniform Controlled Dangerous Substances Act . Every wholesaler,
manufacturer or distributor of any drug product containing
pseudoephedrine or phenylpropanolamine, or thei r salts, isomers or
salts of isomers, shall obtain a registration issued by t he Director
of the Oklahoma State Bureau of Narcotics and Dang erous Drugs
Control in accordance with rules promulgated by the Director and as
provided for in Section 2 -332 of this title. Any person who
manufactures, distribute s, dispenses, prescribes, adm inisters or
uses for scientific purposes any controlled danger ous substances
within or into this state without first obtaining a registration
issued by the Director of the Oklahom a State Bureau of Narcotics and
Dangerous Drugs Control shall be subject to t he same statutory and
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administrative jurisdiction of the Direc tor as if that person were
an applicant or registrant.
B. Out-of-state pharmaceutical suppliers who provide controll ed
dangerous substances to individuals within th is state shall obtain a
registration issued by the Director of the Oklahoma State Bureau o f
Narcotics and Dangerous Drugs Control, in accordance with rules
promulgated by the Director . This provision shall a lso apply to
wholesale distributors who distribu te controlled dangerous
substances to pharmacies or other entities registered within this
state in accordance with rules promulgated by the Director.
C. Every person who owns in whole or in part a public or
private medical facilit y for which a majority of patients are issued
on a reoccurring monthly basis a prescription for opioids,
benzodiazepines, barbiturates or carisoprodol, but not including
buprenorphine with na loxone or buprenorphine as used for medication-
assisted treatment services, shall obtain a registration issued by
the Director of the Oklahoma State Bureau of Narcotics a nd Dangerous
Drugs Control.
D. Every manufacturer and distributor required to register
under the provisions of this section shall provide all data req uired
pursuant to 21 U.S.C., Section 827(d)(1) on a monthly basis to the
Oklahoma State Bureau of Narcot ics and Dangerous Drugs Control .
Controlled dangerous substances in Schedule I shall be reported in
accordance with rules promulgated by the Director . Reporting of
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controlled dangerous substances pursuant to 21 U.S.C., Section
827(d)(1) shall include, bu t not be limited to:
1. The manufacturer’s or distributor’s name, address, phone
number, DEA registration number and controlled dangerous substance
registration number issued by the Bureau;
2. The name, address and DEA registration number of the entity
to whom the controlled dangerous subs tance was sold;
3. The date of the sale of the controlled dangerous substance;
4. The name and National Drug Code of the controlled dangerous
substance sold; and
5. The number of containers and the strength and q uantity of
controlled dangerous substance s in each container sold.
E. The information maintaine d and provided pursuant to
subsection D of this section shall be confidential and not open to
the public. Access to the information shall, at the discretion o f
the Director, be limited to:
1. Peace officers certified pursuant to the provisions of
Section 3311 of Title 70 of the Oklahoma Statutes who are employed
as investigative agents of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control or t he Office of the Attorney General;
2. The United States Drug Enforcement Administration Diversi on
Group Supervisor; and
3. A multicounty grand jury properly convened pursuant to the
provisions of the Multicounty Grand Jury Act.
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F. Manufacturers, distributors, home care agencies, hospices,
home care services, medical facility owners referred to i n
subsection C of this section and scientific researchers shall obtain
a registration annually. Other practitioners shall obtain a
registration for a period t o be determined by the Director that will
be for a period not less than one (1) year nor more than three (3)
years.
G. Every trainer or handler of a canine contr olled dangerous
substances detector who, in the ordinary course of such trainer ’s or
handler’s profession, desires to possess any controlled dangerous
substance, annually, shall obtain a reg istration issued by t he
Director for a fee of Seventy Dollars ($70.00) . Such persons shall
be subject to all applicable provisions of Section 2 -101 et seq. of
this title and such applicable rules promulgat ed by the Director for
those individuals identified in subparagraph a o f paragraph 32 of
Section 2-101 of this title. Persons registered by the Director
pursuant to this subsection may possess controlled dang erous
substances to the extent authorized by th eir registration and in
conformity with the other provisions of the Uni form Controlled
Dangerous Substances Act.
H. The following persons shall not be required to register and
may lawfully possess controlled dangerous substances under the
provisions of Section 2-101 et seq. of this title:
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1. An agent, or an employee thereof , of any registered
manufacturer, distributor , dispenser or user for scientific purposes
of any controlled dangerous substance, if such agent is acting in
the usual course of such agent ’s or employee’s business or
employment;
2. Any person lawfully acting under the direction of a person
authorized to administer cont rolled dangerous substances under
Section 2-312 of this title;
3. A common or contract carrier or warehouser, or an employ ee
thereof, whose possession of any controlled dangerous substance is
in the usual course of such carrier ’s or warehouser’s business or
employment;
4. An ultimate user or a person in possession of any co ntrolled
dangerous substance pursuant to a lawful or der of a practitioner;
5. An individual pharmacist acting in the usual course of such
pharmacist’s employment with a pharmacy regist ered pursuant to the
provisions of Section 2-101 et seq. of this title ;
6. A nursing home licensed by this state;
7. Any Department of Mental Health and Substance Abuse Services
employee or any person whose facility contracts with the De partment
of Mental Health and Substance Abuse Services whose possession of
any dangerous drug, as defined in Section 353.1 of Title 59 of th e
Oklahoma Statutes, is for the purpose of delivery of a mental health
consumer’s medicine to the consumer ’s home or residence;
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8. Registered nurses and licensed practical nurses; and
9. An assisted living facility licensed by this state.
I. The Director may, by rule, waive the requirement for
registration or fee for registration of certain manufacturers,
distributors, dispensers, prescribe rs, administrators or users for
scientific purposes if the Director finds it consistent with the
public health and safety.
J. A separate registration shall be required at each principal
place of business or professional pr actice where the applicant
manufactures, distributes, dispenses, pre scribes, administers or
uses for scientific purposes controlled dang erous substances.
K. The Director is authorized to inspect the establish ment of a
registrant or applicant for registration in accordance with rules
promulgated by the Director.
L. No person engaged in a profession o r occupation for which a
license to engage in such activity is provided by la w shall be
registered under the Uni form Controlled Dangerous Substances Act
unless such person holds a valid licens e of such person’s profession
or occupation.
M. Registrations shall be issued on the first day of Nove mber
of each year and shall expire annu ally. Registrations may be issued
at other times, however, upon certification of the professional
licensing board. Registration applications shall be required
annually thereafter.
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N. The licensing boards of all professions and occupat ions to
which the use of contro lled dangerous substances is incidental s hall
furnish a current list to the Director, not later than the firs t day
of October of each year, of the persons holding va lid licenses. All
such persons except persons exempt from r egistration requirements
under subsection H of this section shall be sub ject to the
registration requirements of Section 2-101 et seq. of this title.
O. The licensing board of any professional de fined as a mid-
level practitioner shall notify and furnish to the Director, not
later than the first day of October of each year , that such
professional holds a valid license, a current listing of ind ividuals
licensed and registered with their respective b oards to prescribe,
order, select, obtain and administer co ntrolled dangerous
substances. The licensing board shall immediately not ify the
Director of any action subsequently taken against any such
individual.
P. Beginning November 1, 2010, each registra nt that prescribes,
administers or dispenses methadone sha ll be required to check the
prescription profile of the patient on the cen tral repository of the
Oklahoma State Bureau of Narcotics and Danger ous Drugs Control.
Q. All legal entities applying for or approved for registration
shall disclose to the Director all beneficial owner s of the legal
entity. Publicly traded entities shall be exempt from disclosure.
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R. No registration, or any authority c onferred thereby, shall
be leased, assigned, or otherwise transferred. No registration
shall be transferrable on change of ownership or business ac tivity.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -303, as
amended by Section 1 , Chapter 31, 1st Extraordinary Session, O.S.L.
2023 (63 O.S. Supp. 2023, Section 2 -303), is amended to read as
follows:
Section 2-303. A. The Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall register an applicant to
own a medical facility as described in subsection C of Section 2 -302
of this title, or to manufacture, distribute, dispense, prescribe,
administer or use for scientific purposes controlled dangerous
substances included in Schedules I through V of Section 2-101 et
seq. of this title unless the Director determines that the issuance
of such registration is inconsistent with the public interest. In
determining the public interest, the following factors shall be
considered:
1. Maintenance of effective controls against diversion of
particular controlled dangerous substances and any Sche dule I or II
substance compounded therefrom into other than legitimate medical,
scientific or industrial channels including examination of the
fitness of his or her employees or agents to handle dangerous
substances;
2. Compliance with applicable state a nd local law;
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3. Has been found guilty of, entered a plea of guilty or nolo
contendere to a charge under the Uniform Controlled Dangerous
Substances Act or any other state or federal law relating to any
substance defined herein as a controlled dangerous s ubstance or any
felony under the laws of any state or the United States;
4. Furnishing by the applicant false or fraudulent material
information in any application filed under Section 2-101 et seq. of
this title;
5. Past experience in the manufacture, di stribution,
dispensing, prescribing, administering or use for scientific
purposes of controlled dangerous substances, and the existence in
the establishment of effective controls against diversion;
6. Denial, suspension or revocation of the applicant ’s federal
registration to manufacture, distribute or dispense controlled
dangerous substances as authorized by federal law; and
7. Such other factors as may be relevant to and consistent with
the public health and safety.
Nothing herein shall be deemed to req uire individual licensed
pharmacists to register under the provisions of the Uniform
Controlled Dangerous Substances Act.
B. Registration granted under subsection A of this section
shall not entitle a r egistrant to manufacture, distribute, dispense,
prescribe, administer or use for scientific purposes controlled
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dangerous substances in Schedule I or II other than those specified
in the registration.
C. Practitioners shall be registered to dispense, prescribe,
administer or use for scientific purposes subs tances in Schedules II
through V if they are authorized to carry on their respective
activities under the laws of thi s state. A registration application
by a practitioner who wishes to conduct research with Schedule I
substances shall be accompanied b y evidence of the applicant’s
federal registration to conduct such activity and shall be referred
to the Medical Research Commission for advice. The Medical Research
Commission shall promptly advise the Director concerning the
qualifications of each practitio ner requesting such registration.
Registration for the purpose of bona fide research or of use for
scientific purposes with Schedule I substances by a practitioner
deemed qualified by the Medical Resear ch Commission may be denied
only on a ground specifie d in subsection A of Section 2-304 of this
title or if there are reasonable grounds to believe that the
applicant will abuse or unlawfully transfer such substances or fail
to safeguard adequately such applicant’s supply of such substances
against diversion from legitimate medical or scientific use.
D. 1. The Director shall initially permit persons to register
who own or operate any establishment engaged in the manufacture,
distribution, dispensing, pres cribing, administering or use for
scientific purposes of any controlled dangerous substances prior to
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June 4, 1991, and who are registered or licensed by the state. Fees
for registration under this section shall be as follows:
Practitioners and mid-level
practitioners $140.00 per year
of registration
Home Care Agencies, Hospices &
Home Care Services $140.00 annually
Medical Facility Owners $300.00 annually
Distributors $300.00 annually
Manufacturers $2,500.00 annually
Manufacturer, Wholesaler, or
Distributor of drug products
containing pseudoephedri ne
or phenylpropanolamine $300.00 annually
2. A registrant shall be required to pay double the amount of
the above-listed fee for any renewal of registration received more
than thirty (30) days late.
3. A Ten Dollar ($10.00) fee shall be charged for a du plicate
registration certificate.
E. Compliance by manufacturers and distributors with the
provisions of the Federal federal Controlled Substances Act, 21
U.S.C., Section 801 et seq., respecting registration, excluding
fees, shall be deemed sufficient to qualify for registration under
Section 2-101 et seq. of this title.
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F. The Director shall promulgate rules necessary for
registration application periods .
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
February 12, 2024 - DO PASS AS AMENDED BY CS