1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 328 By: McCortney
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6 AS INTRODUCED
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7 An Act relating to controlled dangerous substances;
7 amending 63 O.S. 2021, Section 2-309, as last amended
8 by Section 1, Chapter 259, O.S.L 2021, which relates
8 to prescriptions; broadening exception from
9 electronic prescription requirement; defining term;
9 and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-309, as
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14 last amended by Section 1, Chapter 259, O.S.L 2021, is amended to
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15 read as follows:
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16 Section 2-309. A. 1. Except for dosages medically required
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17 for a period not to exceed forty-eight (48) hours which are
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18 administered by or on direction of a practitioner, other than a
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19 pharmacist, or medication dispensed directly by a practitioner,
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20 other than a pharmacist, to an ultimate user, no controlled
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21 dangerous substance included in Schedule II, which is a prescription
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22 drug as determined under regulation promulgated by the Board of
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23 Pharmacy, shall be dispensed without an electronic prescription of a
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24 practitioner; provided, that in emergency situations, as prescribed
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 1 by the Board of Pharmacy by regulation, such drug may be dispensed
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2 upon oral prescription reduced promptly to writing and filed by the
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3 pharmacist in a manner to be prescribed by rules and regulations of
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4 the Director of the Oklahoma State Bureau of Narcotics and Dangerous
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5 Drugs Control.
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6 2. Electronic prescribing shall be utilized for Schedules II,
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7 III, IV and V, subject to the requirements set forth in 21 CFR,
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8 Section 1311 et seq.
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9 3. An electronic prescription with electronic signature may
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10 serve as an original prescription, subject to the requirements set
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11 forth in 21 CFR, Section 1311 et seq.
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12 4. Prescriptions shall be retained in conformity with the
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13 requirements of this section and Section 2-307 of this title. No
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14 prescription for a Schedule II substance may be refilled.
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15 5. The electronic prescription requirement provided for in this
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16 section shall not apply to prescriptions for controlled dangerous
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17 substances issued by any of the following:
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18 a. a person licensed to practice veterinary medicine,
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19 b. a practitioner who experiences temporary technological
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20 or electrical failure or other extenuating
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21 circumstance that prevents the prescription from being
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22 transmitted electronically; provided, however, that
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23 the practitioner documents the reason for this
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24 exception in the medical record of the patient,
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 1 c. a practitioner, other than a pharmacist, who dispenses
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2 directly to an ultimate user,
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3 d. a practitioner who orders a controlled dangerous
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4 substance to be administered through an on-site
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5 pharmacy in:
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6 (1) a hospital as defined in Section 1-701 of this
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7 title,
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8 (2) a nursing facility as defined in Section 1-1902
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9 of this title,
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10 (3) a hospice inpatient facility as defined in
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11 Section 1-860.2 of this title,
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12 (4) an outpatient dialysis facility,
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13 (5) a continuum of care facility as defined in
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14 Section 1-890.2 of this title, or
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15 (6) a penal institution listed in Section 509 of
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16 Title 57 of the Oklahoma Statutes,
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17 e. a practitioner who orders a controlled dangerous
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18 substance to be administered through a hospice program
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19 as defined in including but not limited to a hospice
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20 program that provides hospice services in the private
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21 residence of a patient or in a long-term care facility
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22 where a patient resides. As used in this
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23 subparagraph, “hospice program” has the same meaning
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24 as provided by Section 1-860.2 of this title,
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 1 f. a practitioner who writes a prescription to be
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2 dispensed by a pharmacy located on federal property,
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3 provided the practitioner documents the reason for
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4 this exception in the medical record of the patient,
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5 or
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6 g. a practitioner that has received a waiver or extension
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7 from his or her licensing board.
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8 6. Electronic prescriptions shall not be utilized under the
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9 following circumstances:
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10 a. compound prescriptions containing two or more
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11 commercially available products or two or more active
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12 pharmaceutical ingredients,
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13 b. compounded infusion prescriptions containing two or
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14 more commercially available products or two or more
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15 active pharmaceutical ingredients,
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16 c. prescriptions issued under approved research
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17 protocols, or
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18 d. if the practitioner determines that an electronic
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19 prescription cannot be issued in a timely manner and
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20 the condition of the patient is at risk.
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21 7. A pharmacist who receives a written, oral or facsimile
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22 prescription shall not be required to verify that the prescription
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23 falls under one of the exceptions provided for in paragraph 6 of
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24 this subsection. Pharmacists may continue to dispense medications
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 1 from otherwise valid written, oral or facsimile prescriptions that
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2 are consistent with the provisions of this section.
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3 8. Practitioners shall indicate in the health record of a
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4 patient that an exception to the electronic prescription requirement
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5 was utilized.
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6 9. All prescriptions issued pursuant to paragraphs 5 and 6 of
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7 this subsection shall be issued on an official prescription form
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8 provided by the Oklahoma State Bureau of Narcotics and Dangerous
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9 Drugs Control.
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10 10. a. Effective January 1, 2020, practitioners shall
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11 register with the Oklahoma State Bureau of Narcotics
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12 and Dangerous Drugs Control in order to be issued
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13 official prescription forms. Such registration shall
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14 include, but not be limited to, the primary address
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15 and the address of each place of business to be
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16 imprinted on official prescription forms. Any change
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17 to a registered practitioner’s registered address
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18 shall be promptly reported to the practitioner’s
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19 licensing board and the Bureau by the practitioner in
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20 a manner approved by the Bureau.
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21 b. A practitioner’s registration shall be without fee and
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22 subject to approval by the Bureau. Such registration
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23 shall be valid for a period of two (2) years and may
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24 be denied, suspended or revoked by the Bureau upon a
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 1 finding by the Bureau or licensing board that the
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2 registered practitioner has had any license to
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3 practice a medical profession revoked or suspended by
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4 any state or federal agency.
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5 c. Where the Bureau has revoked the registration of a
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6 registered practitioner, the Bureau may revoke or
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7 cancel any official prescription forms in the
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8 possession of the registered practitioner. Any
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9 revocation or any suspension shall require the
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10 registered practitioner to return all unused official
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11 prescription forms to the Bureau within fifteen (15)
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12 calendar days after the date of the written
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13 notification.
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14 d. A practitioner that has had any license to practice
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15 terminated, revoked or suspended by a state or federal
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16 agency may, upon restoration of such license or
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17 certificate, register to be issued official
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18 prescription forms.
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19 11. a. Except as provided in subparagraph f of this
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20 paragraph, the Bureau shall issue official
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21 prescription forms free of charge only to registered
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22 practitioners in this state. Such forms shall not be
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23 transferable. The number of official prescription
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 1 forms issued to a registered practitioner at any time
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2 shall be at the discretion of the Bureau.
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3 b. Official prescription forms issued to a registered
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4 practitioner shall be imprinted only with the primary
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5 address and other addresses listed on the registration
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6 of the practitioner. Such prescriptions shall be sent
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7 only to the primary address of the registered
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8 practitioner.
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9 c. Official prescription forms issued to a registered
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10 practitioner shall be used only by the practitioner to
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11 whom they are issued.
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12 d. The Bureau may revoke or cancel official prescription
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13 forms in possession of registered practitioners when
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14 the license of such practitioner is suspended,
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15 terminated or revoked.
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16 e. Official prescription forms of registered
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17 practitioners who are deceased or who no longer
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18 prescribe shall be returned to the Bureau at a
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19 designated address. If the registered practitioner is
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20 deceased, it is the responsibility of the registered
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21 practitioner’s estate or lawful designee to return
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22 such forms.
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23 f. The Bureau may issue official prescription forms to
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24 employees or agents of the Bureau and other government
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 1 agencies for the purpose of preventing, identifying,
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2 investigating and prosecuting unacceptable or illegal
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3 practices by providers and other persons and assisting
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4 in the recovery of overpayments under any program
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5 operated by the state or paid for with state funds.
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6 Such prescription forms shall be issued for this
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7 purpose only to individuals who are authorized to
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8 conduct investigations on behalf of the Bureau or
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9 other government agencies as part of their official
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10 duties. Individuals and agencies receiving such
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11 prescription forms for this purpose shall provide
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12 appropriate assurances to the Bureau that adequate
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13 safeguards and security measures are in place to
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14 prevent the use of such prescription forms for
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15 anything other than official government purposes.
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16 12. a. Adequate safeguards and security measures shall be
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17 undertaken by registered practitioners holding
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18 official prescription forms to assure against the
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19 loss, destruction, theft or unauthorized use of the
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20 forms. Registered practitioners shall maintain a
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21 sufficient but not excessive supply of such forms in
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22 reserve.
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23 b. Registered practitioners shall immediately notify the
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24 Bureau, in a manner designated by the Bureau, upon
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 1 their knowledge of the loss, destruction, theft or
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2 unauthorized use of any official prescription forms
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3 issued to them, as well as the failure to receive
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4 official prescription forms within a reasonable time
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5 after ordering them from the Bureau.
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6 c. Registered practitioners shall immediately notify the
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7 Bureau upon their knowledge of any diversion or
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8 suspected diversion of drugs pursuant to the loss,
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9 theft or unauthorized use of prescriptions.
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10 B. 1. Except for dosages medically required for a period not
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11 to exceed seventy-two (72) hours which are administered by or on
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12 direction of a practitioner, other than a pharmacist, or medication
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13 dispensed directly by a practitioner, other than a pharmacist, to an
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14 ultimate user, no controlled dangerous substance included in
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15 Schedule III or IV, which is a prescription drug as determined under
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16 regulation promulgated by the Board of Pharmacy, shall be dispensed
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17 without an electronic prescription.
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18 2. Any prescription for a controlled dangerous substance in
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19 Schedule III, IV or V may not be filled or refilled more than six
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20 (6) months after the date thereof or be refilled more than five
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21 times after the date of the prescription, unless renewed by the
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22 practitioner.
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23 C. Whenever it appears to the Director of the Oklahoma State
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24 Bureau of Narcotics and Dangerous Drugs Control that a drug not
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 1 considered to be a prescription drug under existing state law or
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2 regulation of the Board of Pharmacy should be so considered because
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3 of its abuse potential, the Director shall so advise the Board of
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4 Pharmacy and furnish to the Board all available data relevant
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5 thereto.
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6 D. 1. “Prescription”, as used in this section, means a
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7 written, oral or electronic order by a practitioner to a pharmacist
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8 for a controlled dangerous substance for a particular patient, which
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9 specifies the date of its issue, and the full name and address of
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10 the patient and, if the controlled dangerous substance is prescribed
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11 for an animal, the species of the animal, the name and quantity of
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12 the controlled dangerous substance prescribed, the directions for
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13 use, the name and address of the owner of the animal and, if
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14 written, the signature of the practitioner.
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15 2. “Registered practitioner”, as used in this section, means a
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16 licensed practitioner duly registered with the Oklahoma State Bureau
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17 of Narcotics and Dangerous Drugs Control to be issued official
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18 prescription forms.
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19 E. No person shall solicit, dispense, receive or deliver any
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20 controlled dangerous substance through the mail, unless the ultimate
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21 user is personally known to the practitioner and circumstances
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22 clearly indicate such method of delivery is in the best interest of
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23 the health and welfare of the ultimate user.
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 1 SECTION 2. It being immediately necessary for the preservation
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