| 38 | 64 | | |
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| 39 | 65 | | An Act relating to controlled dangerous substances; |
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| 40 | 66 | | amending 63 O.S. 2021, Section 2 -315, which relates |
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| 41 | 67 | | to submission of out -of-date controlled dangerous |
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| 42 | 68 | | substances for destruction; modifying applicability |
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| 43 | 69 | | of certain provisions; modifying terminology; |
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| 44 | 70 | | removing certain limitations on disposal of |
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| 45 | 71 | | controlled dangerous substances; requiring compliance |
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| 46 | 72 | | with federal regulation; allowing ultimate u ser to |
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| 47 | 73 | | submit own drugs for disposal under certain |
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| 48 | 74 | | conditions; permitting disp osal of decedent’s |
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| 49 | 75 | | prescribed drugs under certain conditions; |
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| 50 | 76 | | authorizing qualified hospice program to dispose of |
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| 51 | 77 | | decedent’s prescribed drugs under certain conditions; |
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| 52 | 78 | | requiring completion, witness, and submission of |
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| 53 | 79 | | certain form; defining terms; and providing an |
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| 54 | 80 | | effective date. |
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| 55 | 81 | | |
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| 56 | 82 | | |
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| 57 | 83 | | |
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| 58 | 84 | | |
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| 59 | 85 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 60 | 86 | | SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -315, is |
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| 61 | 87 | | amended to read as follows: |
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| 62 | 88 | | Section 2-315. A. Except as otherwise provided by law, a ny |
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| 63 | 89 | | person required to obtain an annual registration pursuant to Section |
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| 64 | 90 | | 2-302 of this title, or any group home, or residential care home as |
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| 65 | 91 | | defined by Section 1 -820 of this title shall submit for destruction |
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| 66 | 92 | | dispose of, in accordance with 21 C.F.R., Part 1317, all controlled |
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| 95 | 145 | | unused or which are abandoned by their owner at their facility due |
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| 96 | 146 | | to death or other circumsta nces. |
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| 97 | 147 | | B. All controlled dangerous substances described in subsection |
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| 98 | 148 | | A of this section shall be submitted to the Oklahoma City laboratory |
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| 99 | 149 | | of the Oklahoma State Bureau of Investigation, along with all |
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| 100 | 150 | | required information on forms provided by the Oklahoma State Bureau |
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| 101 | 151 | | of Investigation, to the federal Drug Enforcement Administration, to |
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| 102 | 152 | | a duly registered reverse distributor, to the original registered |
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| 103 | 153 | | supplier or their registered agent, to a duly registered retail |
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| 104 | 154 | | pharmacy, or to a hospital or clinic with an on-site pharmacy |
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| 105 | 155 | | pursuant to the rules set forth in Part 1317 of Title 21 of the Code |
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| 106 | 156 | | of Federal Regulations. When any such substance is transported by |
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| 107 | 157 | | private contract or common carrier or United States Postal Service |
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| 108 | 158 | | for the purpose of destruction or disposal, the sender shall require |
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| 109 | 159 | | a receipt from such private contract or common carrier or United |
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| 110 | 160 | | States Postal Service, and such receipt shall be retained as a |
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| 111 | 161 | | permanent record by the sender. |
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| 112 | 162 | | C. 1. Controlled dangerous substances submitted to the |
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| 113 | 163 | | Oklahoma State Bureau of Investigation pursuant to the provisions of |
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| 114 | 164 | | this section shall be destroyed pursuant to the procedures provided |
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| 115 | 165 | | in subsection A of Section 2 -508 of this title. |
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| 116 | 166 | | 2. Controlled dangerous substances submitted to any |
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| 117 | 167 | | distributors, reverse d istributors or their original registered |
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| 146 | 220 | | destroyed by incineration so as to make the substance absolutely |
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| 147 | 221 | | unusable for human purposes in accordance with 21 C.F.R., Part 1317 . |
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| 148 | 222 | | An official record listing the property destroyed, the location of |
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| 149 | 223 | | destruction and disposal, and the name and title of the person |
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| 150 | 224 | | supervising the destruction and disposal shall be submitted to the |
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| 151 | 225 | | Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and |
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| 152 | 226 | | the federal Drug Enforcement Administration office located nearest |
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| 153 | 227 | | the destruction site. |
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| 154 | 228 | | D. The Office of the Chief Medical Examiner is hereby |
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| 155 | 229 | | authorized to perform on -site incineration of all controlled |
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| 156 | 230 | | dangerous substances which are obtained in the discharge of t he |
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| 157 | 231 | | official duties of the Chief Medical Examiner. Any record relating |
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| 158 | 232 | | to destruction of a controlled dangerous substance shall be |
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| 159 | 233 | | maintained as required by the state or federal government and shall |
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| 160 | 234 | | be available for inspection by appropriate state or feder al |
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| 161 | 235 | | government regulatory agencies. |
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| 162 | 236 | | E. 1. An ultimate user who has lawfully obtained a controlled |
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| 163 | 237 | | dangerous substance in accordance with state and federal law may, |
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| 164 | 238 | | without being registered under Section 2 -302 of this title, deliver |
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| 165 | 239 | | the controlled dangerou s substance to an authorized person for the |
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| 166 | 240 | | purpose of disposal of the control led dangerous substance under the |
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| 167 | 241 | | conditions provided by 21 U.S.C., Section 822(g)(1). |
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| 197 | 295 | | entitled to dispose of the decedent ’s property may deliver the |
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| 198 | 296 | | controlled dangerous substance to another person for the purpose of |
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| 199 | 297 | | disposal under the conditions provided by 21 U.S.C., Section |
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| 200 | 298 | | 822(g)(4). |
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| 201 | 299 | | 3. a. In the case of a decedent who was receiving hospice |
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| 202 | 300 | | care at the time of death, an employee o f a qualified |
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| 203 | 301 | | hospice program, acting within the scope of his or her |
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| 204 | 302 | | employment, may handle, without being registered under |
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| 205 | 303 | | Section 2-302 of this title, any controlled dangerous |
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| 206 | 304 | | substance that was lawfully dispensed to the decedent |
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| 207 | 305 | | prior to death, under the conditions provided by 21 |
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| 208 | 306 | | U.S.C., Section 822(g)(5). Such employee shall, under |
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| 209 | 307 | | penalty of perjury, complete, sign, and submit to the |
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| 210 | 308 | | Oklahoma State Bureau of Narcotics and Da ngerous Drugs |
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| 211 | 309 | | Control a form to be prescribed by the Bureau. The |
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| 212 | 310 | | form shall also be signed by a witness who is either a |
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| 213 | 311 | | second employee of the qualified hospice program or a |
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| 214 | 312 | | family member of the decedent. |
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| 215 | 313 | | b. As used in this paragraph: |
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| 216 | 314 | | (1) “employee of a qualified hospice program ” has the |
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| 217 | 315 | | same meaning as provided by 21 U.S.C., Section |
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| 218 | 316 | | 822(g)(5)(B), and |
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