An Act
ENROLLED SENATE
BILL NO. 249 By: McCortney of the Senate
and
Caldwell (Chad) of the
House
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.
SUBJECT: Controlled dangerous substances
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, Chapter 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, inhala tion, ingestion or
any other means, to the body of a patient, animal or research
subject by:
ENR. S. B. NO. 249 Page 2
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 an d
in the presence of the practi tioner;
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 who manufactur es, 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 Control;
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;
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 substance ” 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 confli ct 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;
ENR. S. B. NO. 249 Page 3
9. “Counterfeit substance ” means a controlled substance which,
or the container or labeling of which without au thorization, 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 contro lled 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
necessary to prepare the substance for such distributio n.
“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 controlle d 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 t he 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, mitigation,
treatment or prevention of disease in man or other
animals,
ENR. S. B. NO. 249 Page 4
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 any article
specified in this paragraph;
provided, however, the term “drug” drug does not include devices or
their components, parts or accessories;
15. “Drug-dependent person” means a person who is using a
controlled dangerous substance and who is in a state of psych ic or
physical dependence, or both, 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 substance on a c ontinuous
basis in order to experience 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 provide s 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 sha ll 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
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, and is provide d on the
basis of need, regardless of ability to pay. “Class A” Hospice
refers to Medicare certified hospices. “Class B” refers to all
other providers of hospice services;
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19. “Imitation controlled substance” means a substance that is
not a controlled dangerous substance, which by dosage 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 n ature of the
substance, or its use or effect,
b. statements made to the recipient that the substance
may be resold for inord inate profit,
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 frau d,
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 f or 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;
ENR. S. B. NO. 249 Page 6
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
substances of natural or synthetic orig in, or independently by means
of chemical synthesis or by a combination o f 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 ultimate 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 plant, 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
forms of epilepsy pursuant to Section 2 -802 of this
title, a drug or substan ce approved by the federal
ENR. S. B. NO. 249 Page 7
Food and Drug Administration for use by those
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 and 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
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 f or 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 Statut es, or a certified
animal euthanasia technician as defined in Section 698.2 of Title 59
ENR. S. B. NO. 249 Page 8
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
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 chemicall y
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
salts (dextromethorphan). The terms do include the racemic and
levorotatory forms;
ENR. S. B. NO. 249 Page 9
28. “Opium poppy” means the plant of the species Papaver
somniferum L., except the seeds thereof;
29. “Peace officer” means a police officer, sheriff, deput y
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, governm ent 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 the supervision of a
licensed medical doctor or osteop athic physician,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwi se permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
a controlled dangerous subs tance in the course o f
professional practice or research in this state, or
ENR. S. B. NO. 249 Page 10
b. a pharmacy, hospital, labo ratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
to, use for scientific pu rposes or administer a
controlled dangerous substance in the course of
professional practice or research in this state;
33. “Production” includes the manufacture, planting,
cultivation, growing or harvesting 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 adminis tration 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, intende d for use, or fashioned
specifically for use in planting, propagatin g, cultivating, growi ng,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the hum an body, a controlled dangerous
substance in violation of the Uniform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned speci fically
for use in planting, propagating, cultivating, growing
or harvesting of any specie s 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 spec ifically
for use in manufacturing, compounding, converting,
producing, processing or prepar ing controlled
dangerous substances,
ENR. S. B. NO. 249 Page 11
c. isomerization devices used, intended for use, or
fashioned specifically for use in increasing the
potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use , or fashioned
specifically for use in identifying, or in analyzing
the strength, effectiveness or purity of controlled
dangerous substances,
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 fashione d
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifte rs 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 fashio ned specifically for
use in compounding controlled dangerous substances,
i. capsules, balloons, envelopes and other containers
used, intended for use, or fashioned specifically fo r
use in packaging small quantities of controlled
dangerous substances,
j. containers and other ob jects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles and othe r objects used,
intended for use, or fashioned speci fically for use in
parenterally injecting controlled dangerous substances
ENR. S. B. NO. 249 Page 12
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 marijuan a, cocaine, hashish or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or with out 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 cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, an d
ENR. S. B. NO. 249 Page 13
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 for 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 pipes 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 structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depres sant, or
hallucinogenic effect on the central n ervous
system that is substantially similar to or
greater than the stimulant, depressant or
hallucinogenic effect on 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 system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogen ic 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
ENR. S. B. NO. 249 Page 14
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
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
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 containing
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 in
subsections C and F of Section 2 -204 of this title, “isomer” isomer
means the optical, p ositional 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;
ENR. S. B. NO. 249 Page 15
40. “Hazardous materials” means materials, whether solid,
liquid or gas, which are toxic to human, animal, 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 care, h ospice 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 associated 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 prescriptio n for
the drug or its pharmaceu tical equivalent in the past
year, or
b. requires a prescription for t he drug or its
pharmaceutical equivalen t due to a surgical procedure
or new acute event and has previou sly had a
prescription for the drug or its pharmaceu tical
equivalent within the pas t year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceut ical equivalent, the
practitioner shall consult with the patient and review the medical
record and prescription monit oring information of the patien t;
45. “Patient-provider agreement” means a written contract or
agreement that is executed between a pract itioner and a patient,
ENR. S. B. NO. 249 Page 16
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of de velopment of physical
or psychological dependence in the patient and p revent
the possible development of a ddiction,
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 p rescriptions or the
acceptance of opioid prescriptions from practitioners,
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, b ut
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement
including the consequences if the p ractitioner 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 lit igation 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 substantially aff ects quality of life for
more than a short period of time. “Serious illness” Serious illness
ENR. S. B. NO. 249 Page 17
includes, but is not limited to, Alzheimer ’s disease or related
dementias, lung disease, cancer, heart failure, renal failure, live r
failure or chronic, unremitti ng or intractable pain 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 pract ice of medicine. This
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 transporta tion of live human tissue by
cutting, burning, vaporizing, 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 dispos al 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 provid ing patient autonomy and access to
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, outpatie nt, or home care setting 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:
ENR. S. B. NO. 249 Page 18
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 pharmacis t, 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.
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 prescri ption 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,
ENR. S. B. NO. 249 Page 19
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 administered through an on-site
pharmacy in:
(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 f acility,
(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 t hrough 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 f or
this exception in the medic al record of the patient,
or
g. a practitioner that has received a waiv er or extension
from his or her licensing board.
ENR. S. B. NO. 249 Page 20
6. Electronic prescriptions shall not be utilized under the
following circumstances:
a. compound prescriptions containing two 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 app roved 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 f acsimile
prescription shall no t be required to verify that the prescription
falls under one of the e xceptions 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 indi cate in the health record of a
patient that an exception to the electronic presc ription requirement
was utilized.
9. All prescriptions issued pursuant to pa ragraphs 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 Bur eau 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
ENR. S. B. NO. 249 Page 21
shall be promptly reported t o 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 f ee and
subject to approval by the Bureau. Such registration
shall be valid for a period of two (2) years 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 lic ense to
practice a medical pro fession revoked or suspended by
any state or federal agency.
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 practitioner. A ny
revocation or any suspension shall require the
registered practitioner 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 licens e to practice
terminated, revoked or suspended by a state or fed eral
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 an y time
shall be at the discret ion 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
of the practitioner. Such prescriptions sha ll be sent
ENR. S. B. NO. 249 Page 22
only to the primary address of the registered
practitioner.
c. Official prescription forms issued to a registered
practitioner shall be used only by the practitioner to
whom they are issued.
d. The Bureau may revoke or cancel official prescripti on
forms in possession of regi stered practitioners when
the license of such practitioner i s 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 Bu reau at a
designated address. If the registered practitioner is
deceased, it is the resp onsibility 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 other govern ment
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 paid for with state funds.
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 agencies receivi ng 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 o fficial 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
ENR. S. B. NO. 249 Page 23
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 p rescription 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.
c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of any divers ion or
suspected diversion of drugs pursuant to the los s,
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 practitione r, 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 de termined 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 thereof 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 no t
considered to be a prescript ion 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 re levant
thereto.
D. 1. “Prescription”, as used in this section, means a
written, oral or electronic ord er by a practitioner to a pharmacist
ENR. S. B. NO. 249 Page 24
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 o wner 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 issue d 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 inter est 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 whe reof this act shall take effec t and
be in full force from and after its passag e and approval.
ENR. S. B. NO. 249 Page 25
Passed the Senate the 28th day of February, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 19th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __