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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 27 By: Bullard
AS INTRODUCED
An Act relating to controlled dangerous substances;
amending 63 O.S. 2021, Section 2 -309, as last amended
by Section 6, Chapter 308, O.S. L. 2024 (63 O.S. Supp.
2024, Section 2-309), which relates to prescriptions;
exempting certain practitioners from electronic
prescription requirement; limiting availability of
exemption; directing licensing boards to take certain
actions; updating statutory language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -309, as
last amended by Section 6, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
2024, Section 2-309), is amended to read as follows:
Section 2-309. A. 1. Except for dosages medically required
for a period not to exceed forty -eight (48) hours which are
administered by or on direction of a practitioner, other than a
pharmacist, or medication dispensed directly by a practitioner,
other than a pharmacist, to a n ultimate user, no controlled
dangerous substance included in Schedule II, which is a prescription
drug as determined under regulation promulgated by the State Board
of Pharmacy, shall be dispensed without an electronic prescription
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of a practitioner; provided, that in emergency situations, as
prescribed by the State Board of Pharmacy by regulation, such 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 for Schedules II,
III, IV and V, subject to th e requirements set forth in 21 CFR,
Section 1311 et seq.
3. An electronic prescription with electronic signature may
serve as an original prescription, subject to the requirements set
forth in 21 CFR, Section 1311 et seq.
4. Prescriptions shall be retain ed 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 prescription requirement provided for in this
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 technological
or electrical failure or other extenuating
circumstance that prevents the pr escription from being
transmitted electronically; provided, however, that
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the practitioner documents the reason for this
exception in the medical record of the patient,
c. a practitioner, other than a pharmacist, who dispenses
directly to an ultimate user,
d. a practitioner who orders 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 Section 1 -1902
of this title,
(3) a hospice inpatient facility as defined in
Section 1-860.2 of this title,
(4) an outpatient dialysis facility,
(5) a continuum of care facility as defined in
Section 1-890.2 of this title, or
(6) a penal institution listed in Section 509 of
Title 57 of the Oklahoma Sta tutes,
e. a practitioner who orders a controlled dangerous
substance to be administered through a hospice program
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,
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“hospice program” has the same meaning as provided by
Section 1-860.2 of this title,
f. a practitioner who writes a prescription to be
dispensed by a pharmacy located on federal property,
provided the practitioner documents the reason for
this exception in the medical record of the patient,
g. a practitioner that has received a waiver or extension
from his or her licensing board,
h. a practitioner who prescribes a controlled dangerous
substance for a supply that when taken as prescribed
would be consumed within sevent y-two (72) hours, or
i. a practitioner who determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk , or
j a practitioner who practices exclusively in one or
more medically underserved areas (MUAs) as designated
by the Health Resources and Services Administration.
This exemption shall not be available to a
practitioner who has been subject to disciplinary
action by the practitioner’s licensing board for a
violation related to the prescription of controlled
dangerous substances. The licensing board shall
communicate with and share necessary information with
the Oklahoma State Bureau of Narcotics and Dangerous
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Drugs Control for the purpose of enforcement of this
subparagraph.
6. Electronic prescriptions may be utilized under the following
circumstances:
a. compounded prescriptions,
b. compounded infusion prescriptions, or
c. prescriptions issued under approved research
protocols.
7. A pharmacist who receives a written, oral or facsimile
prescription shall not be required to verify that the prescription
falls under one of the exceptions provided for in paragraph 6 of
this subsection. Pharmacists may continue to dispens e medications
from otherwise valid written, oral or facsimile prescriptions that
are consistent with the provisions of this section.
8. Practitioners shall indicate in the health record of a
patient that an exception to the electronic prescription require ment
was utilized.
9. All prescriptions issued pursuant to paragraph 5 and
subparagraph c of paragraph 6 of this subsection shall be on an
official prescription form approved by the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control if not iss ued electronically.
10. a. Practitioners shall be registered with the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control
in order to purchase official prescription forms.
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Such registration shall include, but not be limited
to, the primary addr ess and the address of each place
of business to be imprinted on official pre scription
forms. Any change to a registered practitioner ’s
registered address shall be promptly reported to the
practitioner’s licensing board and the Bureau by the
practitioner in a manner approved by the Bureau.
b. 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. Any
revocation or any susp ension shall require the
registered practitioner to return all unused officia l
prescription forms to the Bureau within fifteen (15)
calendar days after the date of the written
notification.
c. A practitioner that has had any license to practice
terminated, revoked or suspended by a state or federal
agency may, upon restoration of such license or
certificate, register with the Bureau.
11. a. Official prescription forms shall be purchased at the
expense of the practitioner or the employer of the
practitioner from a list of vendors approved by the
Bureau.
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b. Official prescription forms issued to a registered
practitioner shall be imprinted with the primary
address and may include other addresses listed on the
registration of the practitioner to identify the pla ce
of origin. Such prescriptions shall be sent only to
the primary address of the registered practitioner.
c. Official prescription forms of a registered
practitioner shall be used only by the practitioner
designated on the official prescription form.
d. The Bureau may revoke or cancel official prescription
forms in the possession of a registered practitioners
practitioner when the license of such practitioner is
suspended, terminated or revoked.
e. Official prescription forms of registered
practitioners who are deceased or who no longer
prescribe shall be returned to the Bureau at a
designated address. If the registered practitioner is
deceased, it is the responsibility of the registered
practitioner’s estate or lawful designee to return
such forms.
f. The Bureau may issue official prescription forms to
employees or agents of the Bureau and other government
agencies for the purpose of preventing, identifying,
investigating and prosecuting unacceptable or illegal
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practices by providers and other persons 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 the Bur eau or
other government agencies as part of their official
duties. Individuals and agencies receiving such
prescription forms for this purpose shall provide
appropriate assurances to the Bureau that adequate
safeguards and security measures are in place t o
prevent the use of such prescription forms for
anything other than official government purposes.
12. a. Adequate safeguards and security measures shall be
undertaken by registered practitioners holding
official prescription forms to assure against the
loss, destruction, theft or unauthorized use of the
forms. Registered practiti oners 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 by the Bureau, upon
their knowledge of the loss, destruction, theft or
unauthorized use of any official prescription forms
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issued to them, as well as the failure to receive
official prescription forms within a reasonable time
after ordering them from the Bureau.
c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of any diversion or
suspected diversion of drugs pursuant to the loss,
theft or unauthorized use of prescriptions.
B. 1. Except for dosages medically required for a per iod not
to exceed seventy-two (72) hours which are administered by or on
direction of a practitioner other than a pharmacist or medication
dispensed directly by a practitioner, other than a pharmacist, to an
ultimate user, or the circumstances provided for in paragraphs 5 and
6 of subsection A of this section, no controlled dangero us substance
included in Schedule III or IV, which is a prescription drug as
determined under regulation promulgated by the State 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 filled 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 renewed by the
practitioner.
C. Whenever it appears to the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control that a drug not
considered to be a prescription drug under existing state law or
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regulation of the State Board of Pharmacy should be so considered
because of its abuse potential, the Director shall so advise the
State Board of Pharmacy and furnish to the Board all available data
relevant thereto.
D. 1. “Prescription”, as used in this section, means a
written, oral or electronic order by a practitioner to a pharmacist
for a controlled dangerous substance for a particular patient, which
specifies the date of its issue, and the full name and address of
the patient and, if the controlled dangerous substance is pres cribed
for an animal, the species of the animal, the name and quantity of
the controlled dangerous substance prescribed, the directions for
use, the name and address of the owner of the animal and, if
written, the signature of the practitioner. When elect ronically
prescribed, the full name of the patient may include the name and
species of the animal.
2. “Registered practitioner ”, as used in this section, means a
licensed practitioner duly registered with the Oklahoma State Bureau
of Narcotics and Dangero us Drugs Control authorized to purchase
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 known to the practitioner and circums tances
clearly indicate such method of delivery is in the best interest of
the health and welfare of the ultimate user.
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SECTION 2. This act shall become effective November 1, 2025.
60-1-130 DC 12/16/2024 10:49:16 AM