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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 249 By: McCortney
AS INTRODUCED
An Act relating to controlled dangerous su bstances;
amending 63 O.S. 2021, Section 2-101, as amended by
Section 1, Chapter 90 , O.S.L. 2021, which relates to
definitions used in the Uniform Controlled Dangerous
Substances Act; defining term; amending 63 O.S. 2021,
Section 2-309, as last amended by Section 1, Chapter
259, O.S.L 2021, which relates to prescriptions;
broadening exception from electronic prescription
requirement; defining term; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as
amended by Section 1, Chapte r 90, O.S.L. 2021, is amended to read as
follows:
Section 2-101. As used in the Uniform Controlled Dangerous
Substances Act:
1. “Administer” means the direct application of a controlled
dangerous substance, whether by injection, inhalation, ingestion or
any other means, to the body of a patient, animal or research
subject by:
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a. a practitioner (or, in the presence of the
practitioner, by the authorized agent of the
practitioner), or
b. the patient or research subject at the direction and
in the presence of the practitioner;
2. “Agent” means a peace officer appointed by and who acts on
behalf of the Director of the Oklahoma Stat e Bureau of Narcotics and
Dangerous Drugs Control or an authorize d person who acts on behalf
of or at the direction of a person wh o manufactures, distributes,
dispenses, prescribes, administers or uses for scientific purposes
controlled dangerous substance s but does not include a common or
contract carrier, public wareh ouser or employee thereof, or a person
required to register under the Uniform Controlled Dangerous
Substances Act;
3. “Board” means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. “Bureau” means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Cont rol;
5. “Coca leaves” includes cocaine and any compound,
manufacture, salt, derivative, mixture or preparation of coca
leaves, except derivatives of coca leaves which do not contain
cocaine or ecgonine;
6. “Commissioner” or “Director” means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
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7. “Control” means to add, remove or change the placem ent of a
drug, substance or immediate precursor under the Un iform Controlled
Dangerous Substances Act;
8. “Controlled dangerous s ubstance” means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
Controlled Dangerous Substanc es Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedule in which a
substance is listed shall be re solved in favor of state law;
9. “Counterfeit substance ” means a controlled substance which,
or the container or labeling of whic h without authorization, bears
the trademark, trade name or other identifying marks, imprint,
number or device or any likeness thereof of a manufacturer,
distributor or dispenser other t han the person who in fact
manufactured, distributed or dispensed the substance;
10. “Deliver” or “delivery” means the actual, constructive or
attempted transfer from one person to another of a c ontrolled
dangerous substance or drug paraphernalia, whether or not there is
an agency relationship;
11. “Dispense” means to deliver a controlled dangerous
substance to an ultimate user or human research subject by or
pursuant to the lawful order of a pra ctitioner including the
prescribing, administering, packagin g, labeling or compounding
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necessary to prepare the substance for such distribution.
“Dispenser” is a practitioner who delivers a controlled dangerous
substance to an ultimate user or human resea rch subject;
12. “Distribute” means to deliver other than by administering
or dispensing a controlled dangerous substance;
13. “Distributor” means a commercial entity engaged in the
distribution or reverse distribution of narcotics and dangerous
drugs and who complies with all regulations promulgated by the
federal Drug Enforcement Administration and the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control;
14. “Drug” means articles:
a. recognized in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of
the United States, or o fficial National Formulary, or
any supplement to any of them,
b. intended for use in the diagnosis, cure, mit igation,
treatment or prevention of disease in man or other
animals,
c. other than food, intended to affect the structure or
any function of the bo dy of man or other animals, and
d. intended for use as a component of a ny article
specified in this paragraph ;
provided, however, the term “drug” drug does not include devices or
their components, parts or accessories;
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15. “Drug-dependent person” means a person who is using a
controlled dangerous substance and who is in a st ate of psychic or
physical dependence, or b oth, arising from administration of that
controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other responses which
include a strong compulsion to take the subs tance on a continuous
basis in order to exp erience its psychic effects, or to avoid the
discomfort of its absence;
16. “Home care agency” means any sole proprietorship,
partnership, association, corporation, or other organization which
administers, offers, or provides home care services, for a fee or
pursuant to a contract for such services, to clients in their place
of residence;
17. “Home care services” means skilled or personal care
services provided to clients in their place of residence for a fee;
18. “Hospice” means a centrally administered , nonprofit or
profit, medically directed, nurse -coordinated program which provides
a continuum of home and inpatient care for the terminally ill
patient and the patient’s family. Such term shall also include a
centrally administered, nonprofit or profit, medically directed,
nurse-coordinated program if such program is licensed pursuant to
the provisions of the Uniform Controlled Dangerous Subs tances Act.
A hospice program offers palliative and supportive care to meet the
special needs arising out of the physical, emotional and spiritual
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stresses which are experienced during the final stages of illness
and during dying and bereavement. This ca re is available twenty-
four (24) hours a day, seven (7) days a week, an d is provided on the
basis of need, regardl ess of ability to pay. “Class A” Hospice
refers to Medicare certified hospices. “Class B” refers to all
other providers of hospice services;
19. “Imitation controlled substance” means a substance that is
not a controlled dangerous substance, which by do sage unit
appearance, color, shape, size, markings or by representations made,
would lead a reasonable person to believe that the substance is a
controlled dangerous substance. In the event the appearance of the
dosage unit is not reasonably sufficient to establish that the
substance is an “imitation controlled substance ” imitation
controlled substance , the court or autho rity concerned should
consider, in addition to all other factors, the following factors as
related to “representations made ” in determining whether the
substance is an “imitation controlled substance ” imitation
controlled substance :
a. statements made by an owner or by any other person in
control of the substance concerning the nature of the
substance, or its use or effect,
b. statements made to the recipient that the substance
may be resold for inord inate profit,
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c. whether the substance is packaged in a manner normally
used for illicit controlled substances,
d. evasive tactics or actions utilized by the owner or
person in control of the substance to avoid detection
by law enforcement authorities,
e. prior convictions, if any, of an owner, or any other
person in control of the ob ject, under state or
federal law related to controlled substances or fr aud,
and
f. the proximity of the substances to controlled
dangerous substances;
20. “Immediate precursor” means a substance which the Director
has found to be and by regulation designa tes as being the principal
compound commonly used or produced primarily for use, and which is
an immediate chemical intermediary used, or likely to be used, in
the manufacture of a controlled dangerous substance, the control of
which is necessary to preven t, curtail or limit such manufacture;
21. “Laboratory” means a laboratory approved by the Director as
proper to be entrusted with the custody of controlled dangerous
substances and the use of controlled dangerous substances for
scientific and medical purp oses and for purposes of instruction;
22. “Manufacture” means the production, preparation,
propagation, compounding or processing of a controlled dangerous
substance, either directly or indirectly by extraction from
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substances of natural or synthetic orig in, or independently by means
of chemical synthesis or by a combination of extraction and chemical
synthesis. “Manufacturer” includes any person who packages,
repackages or labels any container of any controlled dangerous
substance, except practitioners w ho dispense or compound
prescription orders for delivery to the ultimat e consumer;
23. “Marijuana” means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compo und, manufacture, salt,
derivative, mixture or preparation of such plan t, its seeds or
resin, but shall not include:
a. the mature stalks of such plant or fiber produced from
such stalks,
b. oil or cake made from the seeds of such plant
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks (except
the resin extracted therefrom) including cannabidiol
derived from mature stalks, fiber, oil or cake ,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a clinical trial to
administer cannabidiol for the treatment of severe
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forms of epilepsy pursuant to Section 2 -802 of this
title, a drug or substan ce approved by the federal
Food and Drug Administration for use by thos e
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in this state
that the person has been diagnosed by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, also
known as Severe Myoclonic Epilepsy of Infancy, or any
other severe form of epilepsy that is not adequately
treated by traditional medical therapies, spasticit y
due to multiple sclerosis or due to paraplegia,
intractable nausea an d vomiting, appetite stimulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
of not more than three-tenths of one percent (0.3%)
and that is delivered to the patient in the form of a
liquid,
g. any federal Food and Drug Administration -approved
cannabidiol drug or substance, or
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h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration of not more
than three-tenths of one percent (0.3%) on a dry
weight basis which shall only be grown pursuant to the
Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate;
24. “Medical purpose” means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
diagnosis, or for the prevention of a disease condition not in
violation of any state or federal law and not for the purpose of
satisfying physiological or psychological dependence or other abuse;
25. “Mid-level practitioner” means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Stat utes, or a certified
animal euthanasia technician as defined in Section 698.2 of Title 59
of the Oklahoma Statutes, or an animal control officer registered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2-301 of this title within the
parameters of such officer ’s duties under Sections 501 through 508
of Title 4 of the Oklahoma Statutes;
26. “Narcotic drug” means any of the following, w hether
produced directly or indirectly by extraction from substances of
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vegetable origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
a. opium, coca leaves and opiates,
b. a compound, manufactu re, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geometric isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, and
e. a substance, and any compound, manufacture, salt,
derivative or preparation thereof, which is chemica lly
identical with any of the substances referred to in
subparagraphs a through d of this paragraph, except
that the words “narcotic drug” as used in Section 2 -
101 et seq. of this title shall not include
decocainized coca leaves or extracts of coca leaves,
which extracts do not contain cocaine or ecgonine;
27. “Opiate” or “opioid” means any Schedule II, III, IV or V
substance having an addiction -forming or addiction -sustaining
liability similar to morphine or being capable of conversion into a
drug having such addiction-forming or addiction -sustaining
liability. The terms do not include, unless specifically designated
as controlled under the Uniform Controlled Dangerous Substances Act,
the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
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salts (dextromethorphan). The terms do include the racemic and
levorotatory forms;
28. “Opium poppy” means the plant of the species Papaver
somniferum L., except the seeds thereof;
29. “Peace officer” means a police officer, sheriff, deputy
sheriff, district attorney’s investigator, investigator from the
Office of the Attorney General, or an y other person elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
30. “Person” means an individual, corporation, gover nment or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity;
31. “Poppy straw” means all parts, except the seeds, of the
opium poppy, after mowing;
32. “Practitioner” means:
a. (1) a medical doctor or osteopathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under th e supervision of a
licensed medical doctor or osteopathic physician,
(7) a scientific investigator, or
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(8) any other person,
licensed, registered or otherwi se permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientifi c purposes or administer
a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, labo ratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, con duct research with respect
to, use for scientific purposes or administe r a
controlled dangerous substance in the course of
professional practice or research in this state;
33. “Production” includes the manufacture, planting,
cultivation, growing or harves ting of a controlled dangerous
substance;
34. “State” means the State of Oklahoma or any other state of
the United States;
35. “Ultimate user” means a person who lawfully possesses a
controlled dangerous substance for the person ’s own use or for the
use of a member of the person’s household or for administration to
an animal owned by the person or by a member of the person ’s
household;
36. “Drug paraphernalia” means all equipment, products and
materials of any kind which are used, intended for use, or fa shioned
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specifically for use in planting, propagating, cultivating, gro wing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, inges ting, inhaling or
otherwise introducing into the human body, a controll ed dangerous
substance in violation of the Uniform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically
for use in planting, propagating, cultivating, growing
or harvesting of any spec ies of plant which is a
controlled dangerous substance or from which a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing or prep aring controlled
dangerous substances,
c. isomerization devices used, intended for use, or
fashioned specifically for use in increasing the
potency of any species of plant which is a co ntrolled
dangerous substance,
d. testing equipment used, intended for u se, or fashioned
specifically for use in identifying, or in analyzing
the strength, effectiveness or purity of controlled
dangerous substances,
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e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use, or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sif ters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashioned specifically fo r
use in compounding controlled dangerous substances,
i. capsules, balloons, envelopes and other containers
used, intended for use, or fashioned specifically for
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
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k. hypodermic syringes, needles and othe r objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dangerous substances
into the human body except as authorized by Section 3
of this act 2-1101 of this title,
l. objects used, intended for use, or fash ioned
specifically for use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent
screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has
become too small or to o short to be held in the
hand,
(6) miniature cocaine spoons and cocain e vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
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(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, an d
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term “drug paraphernalia” drug paraphernalia
shall not include separation gins intended f or use in preparing tea
or spice, clamps used for constructing electrical equipment, water
pipes designed for ornamentation in which no detecta ble amount of an
illegal substance is found or p ipes designed and used solely for
smoking tobacco, traditional pi pes of an American Indian tribal
religious ceremony, or antique pipes that are thirty (30) years of
age or older;
37. a. “Synthetic controlled substance” means a substance:
(1) the chemical structure of which is substantially
similar to the chemical struct ure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central n ervous
system that is substantially similar to or
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greater than the stimulant, depressant or
hallucinogenic effect o n the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the
central nervous syste m that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a con trolled dangerous
substance in Schedule I or II.
b. The designation of gamma butyrolactone or any other
chemical as a precursor, pursuant to Section 2 -322 of
this title, does not preclude a finding pursuant to
subparagraph a of this paragraph that the chem ical is
a synthetic controlled substance.
c. “Synthetic controlled substance” does not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that person under the
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provisions of Section 505 of th e Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent c onduct
with respect to such substance is pursuant to
such exemption, or
(4) any substance to the extent not intended for
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence that a substance contai ning
salvia divinorum has been enhance d, concentrated or
chemically or physically altere d shall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
38. “Tetrahydrocannabinols ” means all substances that have been
chemically synthesized to emulate the t etrahydrocannabinols of
marijuana;
39. “Isomer” means the optical isomer, except as used in
subsections C and F of Section 2-204 of this title and paragraph 4
of subsection A of Section 2 -206 of this title. As used i n
subsections C and F of Section 2 -204 of this title, “isomer” isomer
means the optical, positi onal or geometric isomer. As used in
paragraph 4 of subsection A of Section 2-206 of this title, the term
“isomer” isomer means the optical or geometric isomer;
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40. “Hazardous materials” means materials, whether solid,
liquid or gas, which are toxic to human, a nimal, aquatic or plant
life, and the disposal of which materials is controlled by state or
federal guidelines;
41. “Anhydrous ammonia” means any substance that exhibi ts
cryogenic evaporative behavior and tests positive for ammonia;
42. “Acute pain” means pain, whether resulting from disease,
accidental or intentional trauma or other cause, that the
practitioner reasonably expects to last only a short period of time.
“Acute pain” Acute pain does not include chronic pain, pain being
treated as part of cancer car e, hospice or other end-of-life care,
or pain being treated as part o f palliative care;
43. “Chronic pain” means pain that persists beyond the usual
course of an acute dis ease or healing of an injury. “Chronic pain”
Chronic pain may or may not be associa ted with an acute or chronic
pathologic process that causes continuous or intermit tent pain over
months or years;
44. “Initial prescription ” means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent in the past
year, or
b. requires a prescription for t he drug or its
pharmaceutical equivalent due to a surgical procedure
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or new acute event and has previou sly had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, the
practitioner shall consult with the patient and review the medical
record and prescription monitoring information o f the patient;
45. “Patient-provider agreement” means a written contract or
agreement that is executed between a practitioner and a patient,
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physical
or psychological dependence in the patient and p revent
the possible development of addiction,
b. document the understanding of both the practitioner
and the patient regarding the patient-provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the oblig ations of the patient in
relation to the responsible use, discontinuation of
use, and storage of opioid drugs including any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
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d. identify the specific m edications and other modes of
treatment including physical therapy or exercise,
relaxation or psycholog ical counseling, that are
included as a part of the patient -provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient including, but
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement
including the consequen ces if the practitioner has
reason to believe that the patient is not complying
with the terms of the agreement. Compliance with the
“consent items” shall constitute a valid, infor med
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for failure to
treat pain if the event occurs because of nonad herence
by the patient with any of the provisions of the
patient-provider agreement;
46. “Serious illness” means a medical illness or physical
injury or condition that subst antially affects quality of life for
more than a short period of time. “Serious illness” Serious illness
includes, but is not limited to, Alzheimer ’s disease or related
dementias, lung disease, cancer, heart failure, renal failure, liver
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failure or chronic, unremitting or intractable pai n such as
neuropathic pain;
47. “Surgical procedure” means a procedure that is performed
for the purpose of structurally altering the human body by inc ision
or destruction of tissues as part of the practice of medicine. T his
term includes the diagnostic or therapeutic treatment of conditions
or disease processes by us e of instruments such as lasers,
ultrasound, ionizing, radiation, scalpels, probes or n eedles that
cause localized alteration or transportation of live human tissue by
cutting, burning, vapor izing, freezing, suturing, probing or
manipulating by closed redu ction for major dislocations or
fractures, or otherwise altering by any mechanical, the rmal, light-
based, electromagnetic or chemical means ; and
48. “Harm-reduction services” means programs established to:
a. reduce the spread of infectious diseases relat ed to
injection drug use,
b. reduce drug dependency, overdose deaths and associated
complications, and
c. increase safe recovery and disposal of used syringes
and sharp waste; and
49. “Palliative care” means a specialized medical service for
people of any age and at any stage of a serious illness or life -
altering medical event that focuses on navigating complex medical
decisions while providing patient autonom y and access to
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information. Utilizing a holistic and interdisciplinary team
approach, palliative care addresses physical, intellectual,
emotional, social, and spiritual needs. Pallia tive care may be
provided in the inpatient, outpatient, or home care se tting and
strives to improve quality of life for both the patient and the
family.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -309, as
last amended by Section 1, Chapter 259, O.S.L 2021, is amended to
read as follows:
Section 2-309. A. 1. Except for dosages medically required
for a period not to exceed forty -eight (48) hours which are
administered by or on direction of a practitioner, other than a
pharmacist, or medication dispensed directly by a practitioner,
other than a pharmacist, to an ultimate user, no controlled
dangerous substance included in Schedule II , which is a prescription
drug as determined und er regulation promulgated by the Board of
Pharmacy, shall be dispensed without an electronic prescription of a
practitioner; provided, that in emergency situations, as prescribed
by the Board of Pharmacy by regulation, s uch drug may be dispensed
upon oral prescription reduced promptly to writing and filed by the
pharmacist in a manner to be prescribed by rules and regulations of
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
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2. Electronic prescribing shall be utilized f or Schedules II,
III, IV and V, subject to the requirements set forth i n 21 CFR,
Section 1311 et seq.
3. An electronic pr escription with electronic signature may
serve as an original prescription, subject to the require ments set
forth in 21 CFR, Section 1 311 et seq.
4. Prescriptions shall be retained in conformity with the
requirements of this section and Section 2-307 of this title. No
prescription for a Schedule II substance may be refilled.
5. The electronic prescr iption requirement provided for in t his
section shall not apply to prescriptions for controlled dangerous
substances issued by any of the following:
a. a person licensed to practice veterinary medicine,
b. a practitioner who experiences temporary technolog ical
or electrical failure or other extenuating
circumstance that prevents the prescription from being
transmitted electronically; provided, however, that
the practitioner documents the reason for this
exception in the medical record of the patient,
c. a practitioner, other than a pharmacist , who dispenses
directly to an ultimate user,
d. a practitioner who ord ers a controlled dangerous
substance to be administ ered through an on-site
pharmacy in:
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(1) a hospital as defined in Section 1 -701 of this
title,
(2) a nursing facility as defined in Se ction 1-1902
of this title,
(3) a hospice inpatient facility as defined in
Section 1-860.2 of this title,
(4) an outpatient dialysis facility,
(5) a continuum of care facility as defined in
Section 1-890.2 of this title, or
(6) a penal institution listed i n Section 509 of
Title 57 of the Oklahoma Statutes,
e. a practitioner who orders a controlled dangerous
substance to be administered through a hospice program
as defined in including but not limited to a hospice
program that provides hospice services in the private
residence of a patient or in a long-term care facility
where the patient resides. As used in this
subparagraph, “hospice program” has the same meaning
as provided by Section 1-860.2 of this title,
f. a practitioner who writes a prescription to be
dispensed by a pharmacy located on federal property,
provided the practitioner documents the reason for
this exception in the medical record of the patient,
or
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g. a practitioner that has received a waiv er or extension
from his or her licensing board.
6. Electronic prescriptions shall not be utilized under the
following circumstances:
a. compound prescriptions containing tw o or more
commercially available products or two or more active
pharmaceutical ingredients,
b. compounded infusion prescriptions containing two or
more commercially available products or two or mo re
active pharmaceutical ingredients,
c. prescriptions issued under approved research
protocols, or
d. if the practitioner determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk.
7. A pharmacist who receives a written, oral or facsimile
prescription shall not be required to verify that the prescription
falls under one of the ex ceptions provided for in paragraph 6 of
this subsection. Pharmacists may cont inue to dispense medications
from otherwise valid written, oral or facsimile prescriptions that
are consistent with the provisions of this section.
8. Practitioners shall indica te in the health record of a
patient that an exception to the electronic presc ription requirement
was utilized.
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9. All prescriptions issued pursuant to paragraphs 5 and 6 of
this subsection shall be issued on an official prescription form
provided by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
10. a. Effective January 1, 2020, practitioners s hall
register with the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control in order to be issued
official prescription forms. Such registration shall
include, but not be limited to, the primary address
and the address of each place of business to be
imprinted on official prescription forms. Any change
to a registered practitioner’s registered address
shall be promptly reported to the practitioner’s
licensing board and the Bureau by the practitioner in
a manner approved by the Bureau.
b. A practitioner’s registration shall be without fee and
subject to approval by the Bureau. Such registration
shall be valid for a period of two (2) ye ars and may
be denied, suspended or revoked by the Bureau upon a
finding by the Bureau or licensing board that th e
registered practitioner has had any license to
practice a medical profession revoked or suspended by
any state or federal agency.
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c. Where the Bureau has revoked the registration of a
registered practitioner, the Bureau may revoke or
cancel any official prescription forms in the
possession of the registered pract itioner. Any
revocation or any suspension shall require the
registered practitione r to return all unused official
prescription forms to the Bureau within fiftee n (15)
calendar days after the date of the written
notification.
d. A practitioner that has had any license to practice
terminated, revoked or suspended by a state or federal
agency may, upon restoration of such license or
certificate, register to be issue d official
prescription forms.
11. a. Except as provided in subparagraph f of this
paragraph, the Bureau shall issue official
prescription forms free of charge only to registered
practitioners in this state. Such forms shall not be
transferable. The numb er of official prescription
forms issued to a registered practitioner at any time
shall be at the discretion of the Bureau.
b. Official prescription forms issued to a registered
practitioner shall be imprinted only with the primary
address and other addres ses listed on the registration
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of the practitioner. Such prescriptions shall be sent
only to the primary address of the registered
practitioner.
c. Official prescription forms i ssued to a registered
practitioner shall be used only by the practitioner to
whom they are issued.
d. The Bureau may revoke or cancel official prescription
forms in possession of registered practitioners when
the license of such practitioner is suspended,
terminated or revoked.
e. Official prescription forms of registered
practitioners who are deceased or who no lon ger
prescribe shall be returned to the Bureau at a
designated address. If the registered practitioner is
deceased, it is the responsibility of the registered
practitioner’s estate or lawful designee to return
such forms.
f. The Bureau may issue official p rescription forms to
employees or agents of the Bureau and o ther government
agencies for the purpose of preventing, identifying,
investigating and prosecuting unacceptable or illegal
practices by providers and other person s and assisting
in the recovery of overpayments under any program
operated by the state or pai d for with state funds.
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Such prescription forms shall be issued for this
purpose only to individuals who are authorized to
conduct investigations on behalf of th e Bureau or
other government agenc ies as part of their official
duties. Individuals and agenc ies receiving such
prescription forms for this purpose shall provide
appropriate assurances to the Bureau that adequate
safeguards and security measures are in pl ace to
prevent the use of such pre scription forms for
anything other than official government purposes.
12. a. Adequate safeguards and security measures shall be
undertaken by registered practitioners holding
official prescription forms to assure against t he
loss, destruction, theft or un authorized use of the
forms. Registered practitioners shall maintain a
sufficient but not excessive supply of such forms in
reserve.
b. Registered practitioners shall immediately notify the
Bureau, in a manner designated b y the Bureau, upon
their knowledge of the loss, destruction, theft or
unauthorized use of any official prescription forms
issued to them, as well as the failure to receive
official prescription forms within a reasonable time
after ordering them from the Bu reau.
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c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of any diversion or
suspected diversion of drugs pursuant to the loss,
theft or unauthorized use of prescriptions.
B. 1. Except for dosages medically required for a period not
to exceed seventy-two (72) hours which are administered by or on
direction of a practitioner, other than a pharmacist, or medication
dispensed directly by a practiti oner, other than a pharmacist, to an
ultimate user, no controlled dangerous su bstance included in
Schedule III or IV, which is a prescription drug as determined under
regulation promulgated by the Board of Pharmacy, shall be dispensed
without an electronic prescription.
2. Any prescription for a controlled dangerous substance in
Schedule III, IV or V may not be fi lled or refilled more than six
(6) months after the date the reof or be refilled more than five
times after the date of the prescription, unless r enewed by the
practitioner.
C. Whenever it appears to the Director of the Okl ahoma State
Bureau of Narcotics a nd Dangerous Drugs Control that a drug not
considered to be a prescription drug under existing state law or
regulation of the Board of Pharmacy s hould be so considered because
of its abuse potential, the Director shall so a dvise the Board of
Pharmacy and furnish to the Board all available data relevant
thereto.
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D. 1. “Prescription”, as used in this section, means a
written, oral or electronic ord er by a practitioner to a pharmacist
for a controlled dangerous substance for a particular patient, which
specifies the date of its issue, and the full name and address of
the patient and, if the controlled dangerous substance is prescribed
for an animal, the species of the animal, the name and quantity of
the controlled dangerous s ubstance prescribed, the directio ns for
use, the name and address of the owner of the animal and, if
written, the signature of the practitioner.
2. “Registered practitioner ”, as used in this section, means a
licensed practitioner duly registered with the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control to be issued official
prescription forms.
E. No person shall solicit, dispense, receive or deliver any
controlled dangerous substance through the mail, unless the ultimate
user is personally k nown to the practitioner and circ umstances
clearly indicate such method of delivery is in the best interest of
the health and welfare of the ultimate user.
SECTION 3. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency i s hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-756 DC 1/10/2023 12:23:56 PM