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ENGROSSED SENATE
BILL NO. 1943 By: Paxton of the Senate
and
Pfeiffer of the House
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; a mending 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 registration;
removing ability for persons to be initially
permitted and certain fees ass ociated with
registration; providing for promulgation of rules;
updating statutory language; 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 -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 scientific purposes
any controlled dangerous substance within or into this state, or who
proposes to engage in the manufacture, distribution, disp ensing,
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prescribing, administering or use for scientific purposes of any
controlled dangerous substance within or into this state s hall
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 dangerous
substances may possess, manufacture, distribu te, dispense or conduct
research with those substances to the extent authorized by their
registration and in conformity with the ot her provisions of the
Uniform Controlled Dangerous Substances Act. Every wholesaler,
manufacturer or distributor of any drug product containing
pseudoephedrine or phenylpropanolamine, or their salts, isomers or
salts of isomers, shall obtain a registratio n issued by the Director
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control in accordance with rules promu lgated by the Director and as
provided for in Section 2 -332 of this title. Any person who
manufactures, distributes, dispenses, pr escribes, administers or
uses for scientific purposes any controlled dangerous substances
within or into this state without first obtaining a registration
issued by the Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall be subject to the same statutory and
administrative jurisdiction of the Director as if that person were
an applicant or registr ant.
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B. Out-of-state pharmaceutical suppliers who provide controlled
dangerous substances to individuals within this state shall o btain 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. This provision shall also apply to
wholesale distributors who distribute controlled da ngerous
substances to pharmacies or other entities registered within this
state in accordance with rules promulgated by the D irector.
C. Every person who owns in whole or in part a public or
private medical facility for which a majority of patients are is sued
on a reoccurring monthly basis a prescription for opioids,
benzodiazepines, barbiturates or carisoprodol, but not including
buprenorphine with naloxone or buprenorphine as used for medication-
assisted treatment services, shall obtain a registration is sued by
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
D. Every manufacturer and distri butor required to register
under the provisions of this section shall provide all data required
pursuant to 21 U.S.C., Section 827( d)(1) on a monthly basis to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
Controlled dangerous substances in Schedule I shall be reported in
accordance with rules promulgated by the Director. Reporting of
controlled dangerous substa nces pursuant to 21 U.S.C., Section
827(d)(1) shall include, but not be limited to:
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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 substance 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 quantity of
controlled dangerous substances in each container sold.
E. The information maintained 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 of
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 St ate Bureau of Narcotics
and Dangerous Drugs Control or the Office of the Attorney General;
2. The United States Drug Enforce ment Administration Diversion
Group Supervisor; and
3. A multicounty grand jury properly convened pursuant to the
provisions of the Multicounty Grand Jury Act.
F. Manufacturers, distributors, home care agencies, hospices,
home care services, medical facility owners referred to in
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subsection C of this section and scientific researchers shall obtain
a registration annually. Other pra ctitioners shall obtain a
registration for a period to 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 controlled 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 registration issued by the
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 promulgated by the Director for
those individuals identified in subparagraph a of paragraph 32 of
Section 2-101 of this title. Persons registered by the Director
pursuant to this subsection may possess controlled dangerous
substances to the extent authorized by their registration and in
conformity with the other provisions of the Uniform Controlled
Dangerous Substances Act.
H. The following persons shall not be requi red to register and
may lawfully possess controlled dangerous substances under the
provisions of Section 2 -101 et seq. of this title:
1. An agent, or an employee thereof, of any registered
manufacturer, distributor, dispenser or user for scientific purpos es
of any controlled dangerous substance, if such agent is acting in
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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 controlled dangerous substan ces under
Section 2-312 of this title;
3. A common or contract carrier or warehouser, or an employee
thereof, whose possessi on 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 controlled
dangerous substance pursuant to a lawful order of a practitioner;
5. An individual pharmacist acting in the usual course of such
pharmacist’s employment with a pharmacy registered 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 Healt h and Substance Abuse Services
employee or any person whose facility contracts with the Department
of Mental Health and Substance A buse Services whose possession of
any dangerous drug, as defined in Section 353.1 of Title 59 of the
Oklahoma Statutes, is for the purpose of delivery of a mental health
consumer’s medicine to the consumer ’s home or residence;
8. Registered nurses and lic ensed practical nurses; and
9. An assisted living facility licensed by this state.
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I. The Director may, by rule, waive the requirement for
registration or fee for registration of certain manufacturers,
distributors, dispensers, prescribers, administrator s 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 practice where the applicant
manufactures, distribut es, dispenses, prescribes, administers or
uses for scientific purposes controlled dangerous substances.
K. The Director is a uthorized to inspect the establishment of a
registrant or applicant for registration in accordance with rules
promulgated by the Di rector.
L. No person engaged in a profession or occupation for which a
license to engage in such activity is provided by law shall be
registered under the Uniform Controlled Dangerous Substances Act
unless such person holds a valid license of such person ’s profession
or occupation.
M. Registrations shall be issued on the first day of November
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.
N. The licensing boards of all professions and occupations to
which the use of controlled dangerous substances is incidental shall
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furnish a current list to the Director, not later than the first day
of October of each year, of the persons holding valid licenses. All
such persons except persons exempt from registration require ments
under subsection H of this section shall be subject to the
registration requirements of Section 2 -101 et seq. of this title.
O. The licensing board of any professional defined 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 individuals
licensed and registered with their respective boards to prescribe,
order, select, obtain and administer controlled dangerous
substances. The licensing board shall immediately notify the
Director of any action subsequently taken against any such
individual.
P. Beginning November 1, 2010, each registrant that prescribes,
administers or dispenses methadone shall be required to check the
prescription profile of the patient on the central repository of the
Oklahoma State Bureau of Narcotics and Dangerous 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.
R. No registration, or any authority conferred t hereby, shall
be leased, assigned, or otherwise transferred. No registration
shall be transferrable on change of ownership or business activity.
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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 interes t. In
determining the public interest, the following factors shall be
considered:
1. Maintenance of effective controls against di version of
particular controlled dangerous substances and any Schedule 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 ha ndle dangerous
substances;
2. Compliance with applicable state and local law;
3. Has been found guilty of, entered a plea o f guilty or nolo
contendere to a charge under the Uniform Controlled Dangerous
Substances Act or any other state or federal law rel ating to any
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substance defined herein as a controlled dangerous substance 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, distribution,
dispensing, prescribing, administering or use fo r scientific
purposes of controlled dangerous substances, and the existence in
the establishment of effective controls against dive rsion;
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 require individual licensed
pharmacists to register under the p rovisions of the Uniform
Controlled Dangerous Substances Act.
B. Registration granted under subsection A of this section
shall not entitle a registrant to manufacture, distribute, dispense,
prescribe, administer or use for scientific purposes controlled
dangerous substances in Schedule I or II other than those specified
in the registration.
C. Practitioners shall be registered to di spense, prescribe,
administer or use for scientific purposes substances in Schedules II
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through V if they are authorized to c arry on their respective
activities under the laws of this state. A registration application
by a practitioner who wishes to condu ct research with Schedule I
substances shall be accompanied by 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 ad vise the Director concerning the
qualifications of each practitioner requesting such registration.
Registration for the purp ose of bona fide research or of use for
scientific purposes with Schedule I substances by a practitioner
deemed qualified by the Me dical Research Commission may be denied
only on a ground specified 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, prescribing, administering or use for
scientific purposes of any controlled dangerous substances prior to
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
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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 pseudoephedrine
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 duplicate
registration certificate.
E. Compliance by manufacturers an d distributors with the
provisions of the Federal federal Controlled Substances Act, 21
U.S.C., Section 801 et seq., respecting reg istration, excluding
fees, shall be deemed sufficient to qualify for registration under
Section 2-101 et seq. of this title.
F. The Director shall promulgate rules necessary for
registration application periods.
SECTION 3. This act shall become effective November 1, 2024.
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Passed the Senate the 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives