1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 1082 By: Talley
4
5
6 AS INTRODUCED
7 An Act relating to public health and safety; amending
63 O.S. 2021, Sections 2-101, as amended by Section
8 4, Chapter 265, O.S.L. 2022 and 2-112 (63 O.S. Supp.
2022, Section 2-101), which relate to the Uniform
9 Controlled Dangerous Substances Act; adding
definition; providing for the creation and posting of
10 reports on public websites; requiring certain
information be included in report; amending 63 O.S.
11 2021, Section 2-309I, as amended by Section 1,
Chapter 257, O.S.L. 2022 (63 O.S. Supp. 2022, Section
12 2-309I), which relates to the Anti-Drug Diversion
Act; clarifying process for obtaining informed
13 consent from certain patients; providing restrictions
when initiating investigations, disciplinary actions,
14 civil or criminal penalties; and declaring an
emergency.
15
16
17
18
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
20 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as
21 amended by Section 4, Chapter 265, O.S.L. 2022 (63 O.S. Supp. 2022,
22 Section 2-101), is amended to read as follows:
23 Section 2-101. As used in the Uniform Controlled Dangerous
24 Substances Act:
Req. No. 6276 Page 1
1 1. "Administer" means the direct application of a controlled
2 dangerous substance, whether by injection, inhalation, ingestion or
3 any other means, to the body of a patient, animal or research
4 subject by:
5 a. a practitioner (or, in the presence of the
6 practitioner, by the authorized agent of the
7 practitioner), or
8 b. the patient or research subject at the direction and
9 in the presence of the practitioner;
10 2. "Agent" means a peace officer appointed by and who acts on
11 behalf of the Director of the Oklahoma State Bureau of Narcotics and
12 Dangerous Drugs Control or an authorized person who acts on behalf
13 of or at the direction of a person who manufactures, distributes,
14 dispenses, prescribes, administers or uses for scientific purposes
15 controlled dangerous substances but does not include a common or
16 contract carrier, public warehouser or employee thereof, or a person
17 required to register under the Uniform Controlled Dangerous
18 Substances Act;
19 3. "Board" means the Advisory Board to the Director of the
20 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
21 4. "Bureau" means the Oklahoma State Bureau of Narcotics and
22 Dangerous Drugs Control;
23 5. "Coca leaves" includes cocaine and any compound,
24 manufacture, salt, derivative, mixture or preparation of coca
Req. No. 6276 Page 2
1 leaves, except derivatives of coca leaves which do not contain
2 cocaine or ecgonine;
3 6. "Commissioner" or "Director" means the Director of the
4 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
5 7. "Control" means to add, remove or change the placement of a
6 drug, substance or immediate precursor under the Uniform Controlled
7 Dangerous Substances Act;
8 8. "Controlled dangerous substance" means a drug, substance or
9 immediate precursor in Schedules I through V of the Uniform
10 Controlled Dangerous Substances Act or any drug, substance or
11 immediate precursor listed either temporarily or permanently as a
12 federally controlled substance. Any conflict between state and
13 federal law with regard to the particular schedule in which a
14 substance is listed shall be resolved in favor of state law;
15 9. "Counterfeit substance" means a controlled substance which,
16 or the container or labeling of which without authorization, bears
17 the trademark, trade name or other identifying marks, imprint,
18 number or device or any likeness thereof of a manufacturer,
19 distributor or dispenser other than the person who in fact
20 manufactured, distributed or dispensed the substance;
21 10. "Deliver" or "delivery" means the actual, constructive or
22 attempted transfer from one person to another of a controlled
23 dangerous substance or drug paraphernalia, whether or not there is
24 an agency relationship;
Req. No. 6276 Page 3
1 11. "Dispense" means to deliver a controlled dangerous
2 substance to an ultimate user or human research subject by or
3 pursuant to the lawful order of a practitioner, including the
4 prescribing, administering, packaging, labeling or compounding
5 necessary to prepare the substance for such distribution.
6 "Dispenser" is a practitioner who delivers a controlled dangerous
7 substance to an ultimate user or human research subject;
8 12. "Distribute" means to deliver other than by administering
9 or dispensing a controlled dangerous substance;
10 13. "Distributor" means a commercial entity engaged in the
11 distribution or reverse distribution of narcotics and dangerous
12 drugs and who complies with all regulations promulgated by the
13 federal Drug Enforcement Administration and the Oklahoma State
14 Bureau of Narcotics and Dangerous Drugs Control;
15 14. "Drug" means articles:
16 a. recognized in the official United States Pharmacopeia,
17 official Homeopathic Pharmacopoeia of the United
18 States, or official National Formulary, or any
19 supplement to any of them,
20 b. intended for use in the diagnosis, cure, mitigation,
21 treatment or prevention of disease in man or other
22 animals,
23 c. other than food, intended to affect the structure or
24 any function of the body of man or other animals, and
Req. No. 6276 Page 4
1 d. intended for use as a component of any article
2 specified in this paragraph;
3 provided, however, the term "drug" does not include devices or their
4 components, parts or accessories;
5 15. "Drug-dependent person" means a person who is using a
6 controlled dangerous substance and who is in a state of psychic or
7 physical dependence, or both, arising from administration of that
8 controlled dangerous substance on a continuous basis. Drug
9 dependence is characterized by behavioral and other responses which
10 include a strong compulsion to take the substance on a continuous
11 basis in order to experience its psychic effects, or to avoid the
12 discomfort of its absence;
13 16. "Home care agency" means any sole proprietorship,
14 partnership, association, corporation, or other organization which
15 administers, offers, or provides home care services, for a fee or
16 pursuant to a contract for such services, to clients in their place
17 of residence;
18 17. "Home care services" means skilled or personal care
19 services provided to clients in their place of residence for a fee;
20 18. "Hospice" means a centrally administered, nonprofit or for-
21 profit, medically directed, nurse-coordinated program which provides
22 a continuum of home and inpatient care for the terminally ill
23 patient and the patient's family. Such term shall also include a
24 centrally administered, nonprofit or for-profit, medically directed,
Req. No. 6276 Page 5
1 nurse-coordinated program if such program is licensed pursuant to
2 the provisions of the Uniform Controlled Dangerous Substances Act.
3 A hospice program offers palliative and supportive care to meet the
4 special needs arising out of the physical, emotional and spiritual
5 stresses which are experienced during the final stages of illness
6 and during dying and bereavement. This care is available twenty-
7 four (24) hours a day, seven (7) days a week, and is provided on the
8 basis of need, regardless of ability to pay. "Class A" Hospice
9 refers to Medicare-certified hospices. "Class B" refers to all
10 other providers of hospice services;
11 19. "Imitation controlled substance" means a substance that is
12 not a controlled dangerous substance, which by dosage unit
13 appearance, color, shape, size, markings or by representations made,
14 would lead a reasonable person to believe that the substance is a
15 controlled dangerous substance. In the event the appearance of the
16 dosage unit is not reasonably sufficient to establish that the
17 substance is an "imitation controlled substance", the court or
18 authority concerned should consider, in addition to all other
19 factors, the following factors as related to "representations made"
20 in determining whether the substance is an "imitation controlled
21 substance":
22 a. statements made by an owner or by any other person in
23 control of the substance concerning the nature of the
24 substance, or its use or effect,
Req. No. 6276 Page 6
1 b. statements made to the recipient that the substance
2 may be resold for inordinate profit,
3 c. whether the substance is packaged in a manner normally
4 used for illicit controlled substances,
5 d. evasive tactics or actions utilized by the owner or
6 person in control of the substance to avoid detection
7 by law enforcement authorities,
8 e. prior convictions, if any, of an owner, or any other
9 person in control of the object, under state or
10 federal law related to controlled substances or fraud,
11 and
12 f. the proximity of the substances to controlled
13 dangerous substances;
14 20. "Immediate precursor" means a substance which the Director
15 has found to be and by regulation designates as being the principal
16 compound commonly used or produced primarily for use, and which is
17 an immediate chemical intermediary used, or likely to be used, in
18 the manufacture of a controlled dangerous substance, the control of
19 which is necessary to prevent, curtail or limit such manufacture;
20 21. "Laboratory" means a laboratory approved by the Director as
21 proper to be entrusted with the custody of controlled dangerous
22 substances and the use of controlled dangerous substances for
23 scientific and medical purposes and for purposes of instruction;
24
Req. No. 6276 Page 7
1 22. "Manufacture" means the production, preparation,
2 propagation, compounding or processing of a controlled dangerous
3 substance, either directly or indirectly by extraction from
4 substances of natural or synthetic origin, or independently by means
5 of chemical synthesis or by a combination of extraction and chemical
6 synthesis. "Manufacturer" includes any person who packages,
7 repackages or labels any container of any controlled dangerous
8 substance, except practitioners who dispense or compound
9 prescription orders for delivery to the ultimate consumer;
10 23. "Marijuana" means all parts of the plant Cannabis sativa
11 L., whether growing or not; the seeds thereof; the resin extracted
12 from any part of such plant; and every compound, manufacture, salt,
13 derivative, mixture or preparation of such plant, its seeds or
14 resin, but shall not include:
15 a. the mature stalks of such plant or fiber produced from
16 such stalks,
17 b. oil or cake made from the seeds of such plant,
18 including cannabidiol derived from the seeds of the
19 marijuana plant,
20 c. any other compound, manufacture, salt, derivative,
21 mixture or preparation of such mature stalks (except
22 the resin extracted therefrom), including cannabidiol
23 derived from mature stalks, fiber, oil or cake,
24
Req. No. 6276 Page 8
1 d. the sterilized seed of such plant which is incapable
2 of germination,
3 e. for any person participating in a clinical trial to
4 administer cannabidiol for the treatment of severe
5 forms of epilepsy pursuant to Section 2-802 of this
6 title, a drug or substance approved by the federal
7 Food and Drug Administration for use by those
8 participants,
9 f. for any person or the parents, legal guardians or
10 caretakers of the person who have received a written
11 certification from a physician licensed in this state
12 that the person has been diagnosed by a physician as
13 having Lennox-Gastaut syndrome, Dravet syndrome, also
14 known as severe myoclonic epilepsy of infancy, or any
15 other severe form of epilepsy that is not adequately
16 treated by traditional medical therapies, spasticity
17 due to multiple sclerosis or due to paraplegia,
18 intractable nausea and vomiting, appetite stimulation
19 with chronic wasting diseases, the substance
20 cannabidiol, a nonpsychoactive cannabinoid, found in
21 the plant Cannabis sativa L. or any other preparation
22 thereof, that has a tetrahydrocannabinol concentration
23 of not more than three-tenths of one percent (0.3%)
24
Req. No. 6276 Page 9
1 and that is delivered to the patient in the form of a
2 liquid,
3 g. any federal Food-and-Drug-Administration-approved drug
4 or substance, or
5 h. industrial hemp, from the plant Cannabis sativa L. and
6 any part of such plant, whether growing or not, with a
7 delta-9 tetrahydrocannabinol concentration of not more
8 than three-tenths of one percent (0.3%) on a dry-
9 weight basis which shall only be grown pursuant to the
10 Oklahoma Industrial Hemp Program and may be shipped
11 intrastate and interstate;
12 24. "Medical purpose" means an intention to utilize a
13 controlled dangerous substance for physical or mental treatment, for
14 diagnosis, or for the prevention of a disease condition not in
15 violation of any state or federal law and not for the purpose of
16 satisfying physiological or psychological dependence or other abuse;
17 25. "Mid-level practitioner" means an Advanced Practice
18 Registered Nurse as defined and within parameters specified in
19 Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
20 animal euthanasia technician as defined in Section 698.2 of Title 59
21 of the Oklahoma Statutes, or an animal control officer registered by
22 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
23 under subsection B of Section 2-301 of this title within the
24
Req. No. 6276 Page 10
1 parameters of such officer's duties under Sections 501 through 508
2 of Title 4 of the Oklahoma Statutes;
3 26. "Narcotic drug" means any of the following, whether
4 produced directly or indirectly by extraction from substances of
5 vegetable origin, or independently by means of chemical synthesis,
6 or by a combination of extraction and chemical synthesis:
7 a. opium, coca leaves and opiates,
8 b. a compound, manufacture, salt, derivative or
9 preparation of opium, coca leaves or opiates,
10 c. cocaine, its salts, optical and geometric isomers, and
11 salts of isomers,
12 d. ecgonine, its derivatives, their salts, isomers and
13 salts of isomers, and
14 e. a substance, and any compound, manufacture, salt,
15 derivative or preparation thereof, which is chemically
16 identical with any of the substances referred to in
17 subparagraphs a through d of this paragraph, except
18 that the words "narcotic drug" as used in Section 2-
19 101 et seq. of this title shall not include
20 decocainized coca leaves or extracts of coca leaves,
21 which extracts do not contain cocaine or ecgonine;
22 27. "Opiate" or "opioid" means any Schedule II, III, IV or V
23 substance having an addiction-forming or addiction-sustaining
24 liability similar to morphine or being capable of conversion into a
Req. No. 6276 Page 11
1 drug having such addiction-forming or addiction-sustaining
2 liability. The terms do not include, unless specifically designated
3 as controlled under the Uniform Controlled Dangerous Substances Act,
4 the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
5 salts (dextrometh