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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 475 By: Paxton
COMMITTEE SUBSTITUTE
An Act relating to the Uniform Controlled Dangerous
Substances Act; amending 63 O.S. 2021, Section 2-101,
as amended by Section 4, Chapte r 265, O.S.L. 2022 (63
O.S. Supp. 2022, Section 2 -101), which relates to
definitions; defining certain term; amending 63 O.S.
2021, Section 2-304, which relates to den ial,
revocation, or suspension of regi stration;
authorizing certain action; modifying certain
registration suspension and revocation guidelines;
removing certain administrative penalty
authorization; amending 63 O.S. 2021, Section 2 -305,
which relates to the order to show cause; removing
certain order servicing guidelines; requiring certain
servicing guidelines; removing certain suspension
guidelines; requiring certain written order
guidelines; requiring certain final order guidelines;
requiring certain administrative proceedings
guidelines; permitting certain delegation authority;
prohibiting certain de legation authority; requiring
certain proceedings guidelines; creating certain
suspension exception; permitting certa in authority to
administrative hearing officers; permitting certain
suspensions; permitting c ertain assessed penalties ;
requiring certain hearing guideline; authorizing
certain assessed penalties ; prohibiting certain
assessed fees; requiring certain seizures; requiring
certain sample retention; authorizing certain fines;
permitting the Director of the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control to prohibit
certain reapplication ; requiring certain exemption ;
amending 63 O.S. 2021, Section 2 -322, which relates
to precursor substances requiring permit or license;
removing certain statutory reference; amending 63
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O.S. 2021, Section 2 -325, which relates to denial,
revocation, or suspension of registra tion; modifying
certain requirement; requiring certain registration
guideline; amending 63 O.S. 2021, Section 2 -406,
which relates to penalties; adding certain unlawful
act; updating statutory reference s; updating
statutory language; 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 4, Ch apter 265, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 2-101), is amended to read as foll ows:
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:
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 State Bureau of Narcotics and
Dangerous Drugs Control or an authorized person who acts on behalf
of or at the direction of a person who manufactures, distrib utes,
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dispenses, prescribes, administers or uses for scientific purposes
controlled dangerous substances but does not include a common or
contract carrier, public warehouser 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 placement of a
drug, substance or immediate precursor under the Uniform 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 Substances Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance. Any conflict between state and
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federal law with regard to the particular schedule in which a
substance is listed shall be resolved in favor of state law;
9. “Counterfeit substance” means a controlled substance which,
or the container or labeling of which 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 than 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 controlled
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 practitioner, including the
prescribing, administering, packaging, labeling or compounding
necessary to prepare the substance for such distribution.
“Dispenser” is a practitioner who delivers a controlled dangerous
substance to an ultimate user or human research 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
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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 Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any
supplement to any of them,
b. intended for use in the diagn osis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
c. other than food, intended to affect the structure or
any function of the body 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 psychic 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 continuous
basis in order to experience its psychic effects, or to avoid the
discomfort of its absence;
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16. “Home care agency” means any sole proprietorship,
partnership, association, corporation, or other organization which
administers, offers, or provides home care serv ices, 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 for-
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, n onprofit or for-profit, medically directed,
nurse-coordinated program if such program is licensed pursuant to
the provisions of the Uniform Controlled Dangerous Substances 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 care is available twenty-
four (24) hours a day, seven (7) days a week, and is provided 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;
19. “Imitation controlled substance” means a substance that is
not a controlled dangerous substance, which by dosage unit
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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 r easonably sufficient to establish that the
substance is an “imitation controlled substance” imitation
controlled substance, the court or authority concerned should
consider, in addition to all oth er factors, the following factors as
related to “representations made” in determining wheth er 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 inordinate 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 object, under state or
federal law related to controlled substances or fraud,
and
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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 designates as being the principal
compound commonly used or produced primarily for use, and which is
an immediate chemical intermediary used, or likely to be us ed, in
the manufacture of a controlled dangerous substance, the control of
which is necessary to prevent, curtail or limit such manufacture;
21. “Laboratory” means a laboratory approved by the Director as
proper to be entrusted with the custody of control led dangerous
substances and the use of controlled dangerous substances for
scientific and medical purposes 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 origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical
synthesis. “Manufacturer” includes any person who pac kages,
repackages or labels any container of any controlled dangerous
substance, except practitioners who 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 compound, manufacture, salt,
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derivative, mixture or preparation of such plant, its seeds or
resin, but shall not include:
a. the mature stalks of such plant o r 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 (ex cept
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 substance approved by the federal
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
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known as severe myoclonic epilepsy of infancy, or any
other severe form of epilepsy that is not adequately
treated by traditional medical therapies, spasticity
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 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
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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 Statutes, 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, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently b y means of chemical synthesis,
or by a combination of e xtraction and chemical synthesis:
a. opium, coca leaves and opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geo metric 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 chemically
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identical with any of the substan ces referred to in
subparagraphs a through d of this pa ragraph, except
that the words “narcotic drug” 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 cocain e 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;
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, investigato r from the
Office of the Attorney General, or any other person elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
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30. “Person” means an individual, corporation, government 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 physicia n,
(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 osteopathic physician,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, laboratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
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to, use for scientific purposes 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 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 fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, comp ounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body, a controlled dangerous
substance in violation o f 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
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or harvesting of any species 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 preparing 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 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 fashioned
specifically for use in cutting controlled dangerous
substances,
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g. separation gins and sifters 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 for
use in compounding controlled dange rous substances,
i. capsules, balloons, envelopes and o ther 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,
k. hypodermic syringes, needles and other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dan gerous substances
into the human body,
l. objects used, intended for use, or fashioned
specifically for use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
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(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 too 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, and
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;
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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 equipme nt, water
pipes designed for ornamentation in which no detectable amount of an
illegal substance is found or pipes designed and used solely for
smoking tobacco, traditional pipes of an American Indian tribal
religious ceremony, or antique pipes that are th irty (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, depressant, or
hallucinogenic effect on the cent ral nervous
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,
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depressant, or hallucinogenic effect on the
central nervous system of a controlled 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 findin g pursuant to
subparagraph a of this paragraph that the chemical 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 subst ance 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.
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d. Prima facie evidence that a substance containing
salvia divinorum has been en hanced, concentrated or
chemically or physically altered 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 tetrahydrocannabinols of
marijuana, specifically including any tetrahydrocannabinols derived
from industrial hemp;
39. “Isomer” means the optical isomer, except as used in
subsections C and F o f 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, positional 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;
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 materia ls is controlled by state or
federal guidelines;
41. “Anhydrous ammonia” means any substance that exhibits
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
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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, hospice or other end-of-life care,
or pain being treated as part of palliative care;
43. “Chronic pain” means pain that persists beyond the usual
course of an acute disease 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 intermittent 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 the drug or its
pharmaceutical equivalent due to a surgica l procedure
or new acute event and has previously 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, th e
practitioner shall consult with the patient and review the medical
record and prescription monitoring information of the patient;
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45. “Patient-provider agreement” means a written contract or
agreement that is executed between a practitioner and a patien t,
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 prevent
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 obligations 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,
d. identify the specific medications and other modes of
treatment, including physical therapy or exercise,
relaxation or psychological 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, rand om specimen screens and pill
counts, and
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f. delineate the process for terminating the agreement,
including the consequences 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, informed
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for failure to
treat pain if the event occurs because of nonadherence
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 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
failure or chronic, unremitting or intractable pain such as
neuropathic pain; and
47. “Straw person or party ” means a third party who is put up
in name only to take part in a transaction. This term includes but
is not limited to a n ominal party to a transaction, one who acts as
an agent for another for the purpose of taking tit le to property and
executing whatever documents and instruments the principal may
direct respecting the property, or a person who purchases property
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for another to conceal the identity of the real purchaser or to
accomplish some purpose otherwise not allowed; and
47. 48. “Surgical procedure” means a procedure that is
performed for the purpose of structurally altering the human body by
incision or destruction of tissues as part of the practice of
medicine. This term includes the diagnostic or therapeutic
treatment of conditions or disease processes by use of instruments
such as lasers, ultrasound, ionizing, radiation, scalpels, probes or
needles that cause localized alteration or transportation of live
human tissue by cutting, burning, vaporizing, freezing, suturing,
probing or manipulating by closed reduction for major dislocations
or fractures, or otherwise altering by any mechanical, thermal,
light-based, electromagnetic or chemical means.
SECTION 2. AMENDATORY 63 O.S. 20 21, Section 2-304, is
amended to read as follows:
Section 2-304. A. A registration, pursuant to Section 2-303 of
this title, to manufacture, distribute, dispense, prescribe,
administer or use for scientific purposes a controlled dan gerous
substance shall be limited, conditioned, den ied, suspended,
annulled, or revoked by the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Dr ugs Control upon a finding that the
registrant:
1. Has materially falsified any application filed pursuant to
the Uniform Controlled Dangerous Substances Act or required by t he
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Uniform Controlled Dangerous Substanc es Act. It shall be unlawful
to knowingly and willfully:
a. make false statements, include false data or omit
material information on an application for a
registration with the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, or
b. provide false data or omit material information in any
records or reports required by rule or law to be
created, maintained or submitted to the Bureau .
Any registrant or applicant for a registration or any official,
agent or employee of any registrant or applicant for a registration
who violates the provisions of this paragraph shall be guilty of a
misdemeanor and additionally subject to administrative action ;
2. Has been found guilty of, entered a plea of guilty or
entered a plea of nolo contendere to a misdemean or relating to any
substance defined herein as a controlled dangerous substance or any
felony under the laws of any state or the United States;
3. Has had his or her federal registration retired, suspended
or revoked by a competent federal authority and i s no longer
authorized by federal la w to manufacture, distribute, dispense,
prescribe, administer or use for scientific purposes controlled
dangerous substances;
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4. Has failed to maintain effective controls against the
diversion of controlled dangerous su bstances to unauthorized persons
or entities;
5. Has prescribed, dispensed or administered a controlled
dangerous substance from schedules other than those specified in his
or her state or federal registration;
6. Has had a restriction, suspension, revoc ation, limitation,
condition or probation placed on his or her professional license or
certificate or practice as a result of a proceeding pursuant to the
general statutes;
7. Is abusing or, within the past five (5) years, has abused or
excessively used drugs or controlled dangerous sub stances;
8. Has prescribed, sold, administered or ordered any controlled
substance for an immediate family member, himself or herself;
provided that this shall not apply to a medical emergency when no
other doctor is availa ble to respond to the emergency ;
9. Has possessed, used, prescribed, dispensed or administered
drugs or controlled dangerous substances for other than legitimate
medical or scientific purposes or for purposes outsid e the normal
course of his or her profes sional practice;
10. Has been under the influence of alcohol or another
intoxicating substance which adversely affected the central nervous
system, vision, hearing or other sensory or motor functioning to
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such degree the person was impaired during the per formance of his or
her job; or
11. Has violated any federal law relating to any controlled
substances, any provision of the Uniform Controlled Dangerous
Substances Act or any rules of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control.
B. In the event the Director suspends or revokes a registration
granted under Section 2-303 of this title, all controlled dangerous
substances owned or possessed by the registrant pursuant to such
registration at the t ime of denial revocation or suspension or the
effective date of the revocation order, as the case may be, may in
the discretion of the Director be impounded and preserved . All
controlled dangerous substances not impounded or preserved by the
Director shall be maintained by the registrant . No disposition,
purchase, distribution , sale, or transfer may be made of substances
impounded and preserved until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a court,
upon application therefor, orders the sale of p erishable substances
and the deposit of the proceeds of the sale with the court. Upon a
revocation order becoming final, all such co ntrolled dangerous
substances shall be forfeited to the state or otherwise considered
waste and submitted to a licensed was te disposal service for
destruction pursuant to Section 430 of this title.
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C. The Drug Enforcement Administration shall promptly be
notified of all orders suspending or revoking registration and all
forfeitures of controlled dangerous substances.
D. In lieu of or in addition to any other remed ies available to
the Director, if a finding is made that a registrant has committed
any act in violation of federal law relating to any controlled
substance, any provision of the Uniform Controlled Dangerous
Substances Act or any rules of the Oklahoma Stat e Bureau of
Narcotics and Dangerous Drugs Control, the Director is hereby
authorized to assess an administrative penalty not to exceed Two
Thousand Dollars ($2,000.00) for each such act . The provisions of
this subsection shall not apply to violations of s ubsection G of
Section 2-309D of this title. Nothing in this section shall be
construed so as to permit the Director of the State Bureau of
Narcotics and Dangerous Drugs Control to assess administrative fines
for violations of the provisions of subsection G of Section 2-309D
of this title.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2-305, is
amended to read as follows:
Section 2-305. A. Before denying, suspending or revoking a
registration, refusing a renewal of registration or taking
administrative action on a n onregistrant engaged in manufacturing,
distributing, dispensing, prescribing, administeri ng or using for
scientific purposes any controlled dange rous substance within or
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into this state, the Director shall serve upon the applicant or
registrant an order to show cause why registration should not be
denied, revoked or suspended or why the renewal should not be
refused. The order to show ca use shall contain a statement of the
basis therefor and shall call upon the applicant or registrant to
appear before the appropriate person or agency at a time and place
within thirty (30) days after the date of service of the order , but
in the case of a denial or renewal of registration the sho w cause
order shall be served within thirty ( 30) days before the expiration
of the registration. These proceedings shall be conducted in
accordance with the Administrative Procedures Act without regard to
any criminal prosecution or other proceeding . Proceedings to refuse
renewal of registration sh all not abate the existing registr ation
which shall remain in effect pending the outcome of the
administrative hearing In addition to any other remedies provided
for by law, the Director shall issue a written order to be served on
the parties before annull ing, conditioning, suspending or revoking
any registration that the Director has reason to believe is
operating inconsistent with any provision of Section 2 -303 of this
title, pursuant to Section 2 -304 of this title or otherwise where
there has been a violation of any federal law , any rule or
regulation of the Dru g Enforcement Administration, any provision of
the Uniform Controlled Dangerous Subst ances Act, or any rules or
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regulations of the Oklahoma State Bureau of Nar cotics and Dangerous
Drugs Control.
B. The Director shall suspend , without an order to show cause,
any registration simultaneously with the institution of proceedings
under Section 2-304 of this title, if h e or she finds there is
imminent danger to the pu blic health or safety which warrants this
action. The suspension shall continue in effect until the
conclusion of the proceedings, including judicial revie w thereof,
unless sooner withdrawn by the Director or dissolved by a court of
competent jurisdiction The written order shall state with
specificity the nature of the violation or basis for the action.
The Director may impose any disciplinary action authoriz ed by the
Uniform Controlled Dangerous Substances Act or rules of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control including, but
not limited to, the assessment of monetary penalties .
C. Any written order issued pursuant to the provisions of this
section shall become a final order unless the registrant requests an
administrative hearing in accordance with the rules and regulations
promulgated by the Director within thirty (30) days of issuance.
Upon such request, the Director shall promptly initiate
administrative proceedings and serve formal notice of the
proceedings pursuant to Sec tion 309 of Title 75 of the Oklahoma
Statutes. Nothing in this section shall be construed so as to
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require an individual proceeding for the denial of a new application
for registration.
D. The Director may authorize the Deputy Director or the
General Counsel of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control to initiate any individual proceed ings under
this title. Nothing in this section shall be construed so as t o
delegate the authority of the Director to issue a final agency order
adverse to a party.
E. All proceedings shall be conducted in accord ance with the
Administrative Procedures Act and the rules and regulations of the
Oklahoma State Bureau of Nar cotics and Dangerous Drugs Control
without regard to any criminal prosecution or other proceeding.
Proceedings to refuse renewal, revoke, or suspend a registration
shall not abate the exist ing registration which shall remain in
effect pending the outcome o f those administrative proceedings.
This abatement shall not apply when the Dir ector finds there is an
imminent danger to the public hea lth or safety requiring an
immediate suspension.
The Director may delegate to an administrative hearing officer
the authority to conduct hearings and recommend action for final
agency orders in accor dance with the rules and regulations of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Contro l.
F. The Director may issue an order immediately suspending a
registration, without notice or a hearing, when he or she finds
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there is imminent dange r to the public health or safety which
warrants this action. The suspension shall continue in effect unt il
the conclusion of any administrative proceedings, including judici al
review thereof, unless sooner withdrawn by the Director or dissolved
by a court of competent jurisdiction. The order shall state the
existence of an emergency requiring action be take n that the
Director deems necessary to meet the emergency. Such action may
include, but is not limited to, ordering the registrant to
immediately cease and desist operations. The order shall be
effective immediately upon issuance. Any person to whom the order
is directed shall comply immediately with the provisions of the
order. The Director may assess a penalty not to exceed Ten Thousand
Dollars ($10,000.00) per day of noncompliance with the order. In
assessing such a penalty, the Director shall consi der the
seriousness of the violation and any efforts to comply with
applicable requirements. Upon application to the Director, the
registrant shall be offered a hearing within thirty (30) days of the
issuance of the order.
G. In lieu of or in addition t o any other remedies available to
the Director, if a finding is made that a r egistrant has committed
any act in violation of federal law relating to any controlled
substance, any provision of the Uniform Contr olled Dangerous
Substances Act or any rules of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Direc tor is hereby
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authorized to assess an administrative penalty not to exceed Five
Thousand Dollars ($5,000.00) per day for each such a ct. The
provisions of this subsection shall no t apply to violations of
subsection G of Section 2 -309D of this title. Nothi ng in this
section shall be construed so as to permit the Director of the S tate
Bureau of Narcotics and Dangerous Drugs Control to a ssess
administrative fines for violations of th e provisions of subsection
G of Section 2-309D of this title.
If a judge of competent jurisdiction finds probable cause that a
registrant has possessed, transferred, sold, or offered for sale any
controlled dangerous in violation of this act, all contro lled
dangerous substances in Schedule I of Section 2 -204 of this title
and all controlled dangerous substances in Schedules II, III, IV,
and V that are not in properly labeled containers in accordance with
this act then in the possession of the registrant shall be deemed
contraband and shall be seized and summarily forfeited pursua nt to
Section 2-505 of this title. Samples shall be retained of all
controlled dangerous substances seized in accordance with Section 2-
508 of this title as required. The Director is authorized to assess
an eradication or destruction fine not to exceed Fifty Thousand
Dollars ($50,000.00) against the registrant.
H. Upon an annulment, revocation, or denial of a registration
the Director may prohibit the registrant or applicant from
reapplying for registration for a period up to five years fol lowing
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the date of the final order. The length of any prohibition shall
not be used as grounds to contest the validity of the annulment,
revocation, or denial of a registratio n.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 2 -322, is
amended to read as follows:
Section 2-322. A. No person or business shall possess, sell ,
manufacture, transfer, or otherwise furnish any of the following
precursor substances without first having a permit or license issued
by the Director of t he Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, except as provided in Section 2 -327 of this
title:
1. D-Lysergic acid;
2. Ergotamine and its salts;
3. Ergonovine and its salts;
4. Methylamine;
5. Ethylamine;
6. Phenyl-2-Propanone;
7. Phenylacetic acid and its salts;
8. Ephedrine, its salts, optical isomers and salts of optical
isomers;
9. Norpseudoephedrine, its salts, optical isomers, and salts of
optical isomers;
10. Phenylpropanolamine, its salts, optical isomers and salts
of optical isomers;
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11. Benzyl cyanide;
12. N-methylephedrine, its salts, optical isomers and salts of
optical isomers;
13. Pseudoephedrine, its salts, optical isomers and salts of
optical isomers;
14. Chloroephedrine, its salts, optical isomers and salt s of
optical isomers;
15. Piperidine and its salts;
16. Pyrrolidine and its salts;
17. Propionic anhydride;
18. Isosafrole;
19. Safrole;
20. Piperonal; and
21. Red Phosphorus.
B. Upon completion of an application for a license pursuant to
Section 2-323 of this title, or a permit pursuant to Section 2 -324
of this title, the Director of the Oklahom a State Bureau of
Narcotics and Dangerous Drugs Control shall either grant or deny
such license or permit. A denial of an application for a permit or
license shall be handled as provided by Section 2 -325 of this title.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 2 -325, is
amended to read as follows:
Section 2-325. A. A license or permit, obtained pursuant to
Sections 5 Section 2-323 or 6 2-324 of this act title, shall be
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denied annulled, suspended, or revoked by the Director u pon finding
that the licensee or pe rmit holder has:
1. Materially falsified any application f iled pursuant to this
act Section 2-321 et seq. of this title or required by this act the
Precursor Substances Act ;
2. Been convicted of a misdemeanor relating to any precursor
substance defined in Section 4 2-322 of this act title or any felony
under the laws of this stat e or the United States; or
3. Failed to maintain effective controls against the diversion
of said the precursors to unauthorized persons or entit ies.
B. Before denying annulling, suspending, or revoking a lice nse
or permit, the Director shall cause to be ser ved upon the applicant,
licensee, or permit holder an order to show cause why a license or a
permit should not be denied annulled, suspended, or revoked. The
order to show cause shall contain a s tatement of the basis therefor
and shall call upon the applicant, licensee, or permit holder to
appear before the appro priate person or agency at the time and place
within thirty (30) sixty (60) days after the date of service of the
order. The proceedings shall be c onducted in accordance with the
Administrative Procedures Act without regard to any criminal
prosecution or other proceeding. Nothing in this section shall be
construed so as to require an i ndividual proceeding for the denial
of a new license or permit.
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C. The Director shall suspend, without an order t o show cause,
any license or permit simultaneously with the institution of
proceedings described in subsection B of this section if he finds
there is imminent danger to the public health or safety which
warrants this action. The suspension shall continue in effect until
the conclusion of the proceedings, includin g judicial review
thereof, unless withdrawn by the Director or dissolved by a court of
competent jurisdiction.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 2 -406, is
amended to read as follows:
Section 2-406. A. It shall be unlaw ful for any registrant
knowingly or intentionally:
1. To distribute, other than by dispensing or as otherwise
authorized by this act Section 2-101 et seq. of this title, a
controlled dangerous substance classified in Schedules I or II, in
the course of his legitimate business, except pursua nt to an order
form as required by Section 2 -308 of this title;
2. To use in the course of the manu facture or distribution of a
controlled dangerous substance a registration number which is
fictitious, revoked, suspended or issued to another person;
3. To acquire or obtain possession of a controlled dangerous
substance by misrepresentation, fraud, forg ery, deception or
subterfuge;
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4. To furnish false or fraudulent material information in, o r
omit any material information from, any application, report, or
other document required to be kept or filed un der this act, or any
record required to be kept by this act Section 2-101 et seq. of this
title; and
5. To make, distribute, or possess any punch, die, plate,
stone, or other thin g designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any likeness of any of the foregoin g upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance; and
6. To purchase, attempt, endeavor and conspire or endeavor or
conspire to obtain and purchase o r obtain or purchase, any license
or registration required to distribute , possess, prescribe, or
manufacture any controlled dangerous substance, on behalf of or at
the request or demand of any person, through the use of a straw
person or party as defined in Section 2-101 of this title.
B. Any person who violates this section is guilty of a felony
punishable by imprisonment for not more than twenty (20) years or a
fine of not more than Two Hu ndred Fifty Thousand Dollars
($250,000.00), or both.
C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fine otherwise authorized.
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Convictions for second or subsequent violations of this section
shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
D. Any person convicted of any offense d escribed in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dol lars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund cr eated in
Section 1-2522 1-2530.9 of this title.
SECTION 7. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take ef fect and
be in full force from and after its passage an d approval.
59-1-1702 JES 2/13/2023 10:24:22 AM