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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 295 By: McCortney
AS INTRODUCED
An Act relating to controlled dangerous su bstances;
amending 63 O.S. 2021, Section 2-309D, as amended by
Section 2, Chapter 69, O.S.L. 2022 (63 O.S. Supp.
2022, Section 2-309D), which relates to c entral
repository information ; requiring the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control to
establish certain procedures; directing the Bureau to
revise certain inaccurate inf ormation; requiring
certain description and inclusion of infor mation; and
providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -309D, as
amended by Section 2, Chapter 69, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 2-309D), is amended to read as follows:
Section 2-309D. A. The information collected at the cent ral
repository pursuant to the Anti-Drug Diversion Act shall be
confidential and shall no t be open to the public. Access to the
information shall be limited to:
1. Peace officers certified pursuant to Section 3311 of Title
70 of the Oklahoma Statutes who are employed as investigative agents
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of the Oklahoma State Bureau of Narcotics and Dange rous Drugs
Control;
2. The United State s Drug Enforcement Administration Diversion
Group Supervisor;
3. The executive di rector or chief investigator, as designated
by each board, of the following state boards:
a. Board of Podiatric Medical Examine rs,
b. Board of Dentistry,
c. Board of Pharmacy,
d. State Board of Medical Licensure and Supervision,
e. State Board of Osteopathic Exami ners,
f. State Board of Veterinary Medical Examiners,
g. Oklahoma Health Care Authority,
h. Department of Mental Health and Su bstance Abuse
Services,
i. Board of Examiners in Optometry,
j. Oklahoma Board of Nursing,
k. Office of the Chief Medical Examiner, and
l. State Board of Health;
4. A multicounty grand jury properly convened pursuant to the
Multicounty Grand Jury Act;
5. Medical practitioners employed by the Unite d States
Department of Veterans Affairs, the United States Military, or other
federal agencies treating patients in this state;
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6. At the discretion of the Director of the Oklahoma State
Bureau of Narcotics and D angerous Drugs Control, medical
practitioners and their staff including those employed by the
federal government in this state ; and
7. The members of the Op ioid Overdose Fatality Rev iew Board for
the purpose of carrying out the duties prescribed by Sectio n 2-1001
of this title.
B. This section shall not prevent access, at the discretion of
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, to investig ative information by peace officers and
investigative agents of federal, state, tribal, county or municipal
law enforcement agencies, district attorneys and the Attor ney
General in furtherance of crimin al, civil or administrative
investigations or prosecut ions within their respective
jurisdictions, designated legal, communicati ons, and analytical
employees of the Burea u, and to registrants in furtherance of
efforts to guard against the diversion of contr olled dangerous
substances.
C. This section shall not prevent the disclosure, at the
discretion of the Director of the Oklahom a State Bureau of Narcotics
and Dangerous Drugs Control, of statistical information gathered
from the central repository to the g eneral public for statistical,
research, substance abuse prevention, or educational purposes,
provided that consumer confidentiality is not compromised.
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D. This section shall not prevent the disclosure, at the
discretion of the Director of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, of prescription-monitoring-program
information to prescription-monitoring programs of other states
provided a reciprocal data-sharing agreement is in place.
E. The Department of Mental Health and Substance Abuse Services
and the State Department of Health ma y utilize the information in
the central repository for statistical, research, substance abuse
prevention, or educational purposes, provided that consumer
confidentiality is not compromised.
F. Any unauthorized disclosure of any information collected at
the central repository provided by the Anti -Drug Diversion Act shall
be a misdemeanor. Violation of the provisions of this section shall
be deemed willful neglect of duty and shall be grounds for removal
from office.
G. 1. a. Registrants shall have access t o the central
repository for the purposes of patien t treatment and
to aid in the determination in prescribing or
screening new patients. The physician or designee
shall provide, upon request by the patient, the
history of the patient or the query histor y of the
patient.
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b. (1) The Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall establish
procedures by which a patient may:
(a) request and obtain his or her own controlled
substances history or, in appropriate
circumstances, that of a patient who l acks
capacity to make health care decisions and
for whom the individual has legal authority
to make such decisions and would have legal
access to the patient ’s health care records,
or
(b) seek review of any part of his or her
controlled substances history or, in
appropriate circumstances, that of a patient
who lacks capacity to make health care
decisions and for whom the individual has
legal authority to make such decisions and
would have legal access to the patient ’s
health care records, that such individual
disputes.
(2) Such procedures shall require the Bureau to
promptly revise any information accessible
through the central repository that the Bureau
determines to be inaccurate. Such procedures
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shall be described on the Bureau’s website and
included with the con trolled substances history
provided to an individua l pursuant to a request
made under this subparagraph.
2. a. Prior to prescribing or autho rizing for refill, if one
hundred eighty (180) days have elapse d prior to the
previous access and check, of opiates, synthetic
opiates, semisynthetic opiates, benzodia zepine or
carisoprodol to a patient of record, registrants or
members of their medical or administrative staff shall
be required to access the informati on in the central
repository to assess medical necessity and the
possibility that the patient may be unl awfully
obtaining prescription drug s in violation of the
Uniform Controlled Dangerous Sub stances Act. The duty
to access and check shall not alter or o therwise amend
appropriate medical standards of care. The registrant
or medical provider shall note in the patient file
that the central repository has been checked and may
maintain a copy of the information.
b. The requirements set forth in subparagraph a of this
paragraph shall not apply:
(1) to medical practitioners who prescribe the
controlled substance s set forth in subparagraph a
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of this paragraph for hospice or end-of-life
care, or
(2) for a prescription of a controlled s ubstance set
forth in subparagraph a of this paragraph that is
issued by a practitioner for a patient residing
in a nursing facility as defined by Section 1-
1902 of this title, provided that the
prescription is issued to a resident of such
facility.
3. Registrants shall not be l iable to any person for any cla im
of damages as a result of accessing or failing to access the
information in the central repository and no lawsuit may be
predicated thereon.
4. The failure of a r egistrant to access and check the c entral
repository as required under state or federal la w or regulation may,
after investigation, be grounds for the licensing boar d of the
registrant to take disc iplinary action against the registrant.
H. The Board of Podiatric Medical Examiners, the Board of
Dentistry, the State Board of Medical Licensure and Supervision, the
Board of Examiners in Optometry, the Oklahoma Board of Nursing, the
State Board of Osteopathic Examiners and the State Board of
Veterinary Medical Examiners sh all have the sole responsibility for
enforcement of the pro visions of subsection G of this section.
Nothing in this section shall be construed s o as to permit the
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Director of the State Bureau of Narcot ics and Dangerous Drugs
Control to assess administrati ve fines provided for in Section 2-304
of this title.
I. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, or a designee thereof, shall provide a
monthly list to the D irectors of the Board of Podiatric Medical
Examiners, the Board of Dentistry, the State Board of Medi cal
Licensure and Supervision, the Board of Examiners in Optometry, the
Oklahoma Board of Nursing, the State Board of Osteopathic Examiners
and the State Board of Veterinary Medical Examiners of the top
twenty prescribers of controlled dangerous substances within their
respective areas of jurisdiction. Upon dis covering that a
registrant is prescribing outside the limitations of his or her
licensure or outside of drug registration rules or applicable state
laws, the respective licensing board shall be notified by the Bureau
in writing. Such notifications may be considered complaints for the
purpose of investigations or other actions by the respect ive
licensing board. Licensing boards shall have exclusive jurisdiction
to take action against a licensee for a violation of subsection G of
this section.
J. Information regarding fatal and non fatal overdoses, other
than statistical information as requir ed by Section 2-106 of this
title, shall be completely confidential. Access to this information
shall be strictly limited to the Director of the Oklahoma State
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Bureau of Narcotics and Dangerous Drugs Control or designee, the
Chief Medical Examiner, state agencies and boards pr ovided in
subsection A of this section, and the registrant that enters the
information. Registrants shall not be liable to any person for a
claim of damages for information reported pursuant to the provisions
of Section 2-105 of this title.
K. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall provide adequate means and procedures
allowing access to central rep ository information for re gistrants
lacking direct computer access.
L. Upon completion of an investigation i n which it is
determined that a death was caused by an overdose, either
intentionally or unintentionally, of a controlled da ngerous
substance, the medical examiner shall be required to report the
decedent’s name and date of birth to t he Oklahoma State Bure au of
Narcotics and Dangerous Drugs Control. The Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall be re quired to maintain
a database containing the clas sification of medical practitioners
who prescribed or authori zed controlled dangero us substances
pursuant to this subsection.
M. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control is authorized to provide unsolici ted notification to the
licensing board of a pharmacist or practitioner if a patient ha s
received one or more prescriptions for controlled substances in
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quantities or with a frequency inconsistent with generally
recognized standards of safe practice. An unsolicited notification
to the licensing board of the practitioner pursuant to this sec tion:
1. Is confidential;
2. May not disclose information that is confidential pursuant
to this section; and
3. May be in a summary form suffic ient to provide notice of the
basis for the unsoli cited notification.
N. Except as otherwise provide d for in subsections A and B of
this section, any information collected at the central repository,
as outlined in Section 2-309C of this title, shall:
1. Be confidential by law and privileged;
2. Not be subject to the Oklahoma Open Records Act;
3. Not be subject to subpoena; and
4. Not be subject to discovery or admissible in evide nce in any
private civil action.
SECTION 2. This act shall become effective Nove mber 1, 2023.
59-1-264 DC 1/12/2023 1:42:24 PM