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SENATE FLOOR VERSION
March 1, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 711 By: Rosino of the Senate
and
Boatman of the House
[ substance abuse services - emergency opioid
antagonists - education program - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-401.1 of Title 43A, unless
there is created a duplication i n numbering, reads as follows:
A. As used in this section, “emergency opioid antagonist ” means
a drug including but not limited to naloxone that blocks the effects
of opioids and that is approved by the United Sta tes Food and Drug
Administration for the treat ment of an opioid overdose.
B. Subject to allocation of federal funding for the purchase of
emergency opioid antagonists, the Department of Mental Health and
Substance Abuse Services shall provide emergency opioid antagonists
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to the Department of Corrections and to county jails for the purpose
of implementing Section 2 of this act.
C. The Department of Mental Health and Substance Abuse Services
shall prepare and provide an opioid overd ose education program to
the Department of Corrections and to county jails for the purpose of
implementing Section 2 of this act. The education program shall:
1. Conform to guidelines of the Substance Abuse and Mental
Health Services Administration for opioid overdose education ;
2. Explain the causes of an opioid overdose;
3. Instruct when and how to administer in accordance with
medical best practices:
a. life-saving rescue techniques , and
b. an emergency opioid antagonist;
4. Explain how to contact appropriate emergency medi cal
services; and
5. Provide information on how to access emergency opioid
antagonists.
SECTION 2. AMENDATORY 57 O.S. 2021, Section 4.1, is
amended to read as follo ws:
Section 4.1. A. In addition to other medical and health car e
services required by a jail facility as may be provided by rule by
the State Department of Health, the person responsible for
administration for a jail shall administer medi cations according to
the following:
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1. Prescription medications shall be provide d to the prisoner
as directed by a physician o r designated medical authority. The
prisoner shall be observed to ensure the prisoner takes the
medication. The physician or designated medical authority shall be
particularly aware through his or her trainin g of the impact of
opiate or methadone withdra wal symptoms that may occur in regard to
the mental and physical health of the prisoner. The physician or
medical authority shal l prescribe and administer appropriate
medications to the prisoner pursuant to Se ction 5-204 of Title 43A
of the Oklahoma Statu tes as the medical authority deems appropriate
to address those symptoms. Neither prescription nor over -the-
counter medications shall be kept by a prisoner in a cell with the
exception of prescribed nitroglyce rin tablets and prescription
inhalers. Over-the-counter medications shall not be administered
without a physician’s approval unless using prepackaged med ications;
2. Medical reception information shall be recorded on a printed
screening form approved by the physician or designated medical
authority which shall include inquiry into:
a. current illnesses and health problems including
medications taken and a ny special health req uirements,
b. behavioral observation, including state of
consciousness and mental status,
c. body deformities and trauma markin gs such as bruises,
lesions, jaundice, and ease of body movement,
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d. condition of skin and visible body orif ices, including
infestations, and
e. disposition or referral of prisoners to qualified
medical personnel on an emergency basi s; and
3. For purposes of this section, “physician or other licensed
medical personnel” means a psychiatrist, medical doctor, oste opathic
physician, physician’s assistant, registered nurse, licensed
practical nurse, emergency medica l technician at the par amedical
level or clinical nurse specialist.
B. 1. Subject to the provision of emergency opioid antagonists
by the Department of Mental Hea lth and Substance Abuse Services
under Section 1 of this act:
a. the Department of Corrections, upon the discharge o f
an inmate from an institution within the Department
who has been diagnosed with an opioid use disorder ,
regardless of whether tha t inmate has received
treatment for the disorder, shall provide the inmate ,
as the inmate leaves the institution, with two doses
of an emergency opioid antagonist, and
b. a county jail:
(1) upon the discharge of any person who is confined
in the jail pursuant to a sentence who has been
diagnosed with an opioid use disorder , regardless
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of whether that person has received treatment for
the disorder, or
(2) upon the discharge of any person who is confined
in the jail for an offense related to possession
of an opioid drug other than:
(a) a person who is confined in the jail
pursuant to a sentence, or
(b) a person who is being transferred to th e
custody of the Department of Corrections,
shall provide the person, as the person leaves the
jail, with two doses of an emergency opioid
antagonist.
2. Notwithstanding the provision of emergency opioid
antagonists by the Department of Mental Health and Substance Ab use
Services as provided by Section 1 of this act, the Department of
Corrections and county jails may stock and provide emergency opioid
antagonists to inmates or persons upon discharge from the
institution or jail as described in paragraph 1 of this subse ction.
3. Before the Department of Corrections or a county jail
provides an emergency opioid antagonist to a n inmate or person as
described in paragraph 1 or 2 of this subsection, the Department of
Corrections or the jail shall ensure that the in mate or person is
provided with the opioid overdose education program provided by the
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Department of Mental Health and Substance Abuse Services under
Section 1 of this act.
4. Nothing in this subsection is intended to a brogate or
supersede any existing authority of the Department of Corrections or
a county jail to administer an emergency opioid antagonist to a
person experiencing an opioid overdose.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROP RIATIONS
March 1, 2023 - DO PASS AS AMENDED BY CS