1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1943 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to the Uniform Controlled Dangerous
7 Substances Act; amending 63 O.S. 2021, Section 2-303,
8 as amended by Section 1, Chapter 31, 1st
8 Extraordinary Session, O.S.L. 2023 (63 O.S. Supp.
9 2023, Section 2-303), which relates to registration;
9 removing ability for persons to be initially
10 permitted and certain fees associated with
10 registration; providing for promulgation of rules;
11 and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-303, as
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16 amended by Section 1, Chapter 31, 1st Extraordinary Session, O.S.L.
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17 2023 (63 O.S. Supp. 2023, Section 2-303), is amended to read as
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18 follows:
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19 Section 2-303. A. The Director of the Oklahoma State Bureau of
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20 Narcotics and Dangerous Drugs Control shall register an applicant to
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21 own a medical facility as described in subsection C of Section 2-302
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22 of this title, or to manufacture, distribute, dispense, prescribe,
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23 administer or use for scientific purposes controlled dangerous
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24 substances included in Schedules I through V of Section 2-101 et
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1 seq. of this title unless the Director determines that the issuance
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2 of such registration is inconsistent with the public interest. In
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3 determining the public interest, the following factors shall be
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4 considered:
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5 1. Maintenance of effective controls against diversion of
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6 particular controlled dangerous substances and any Schedule I or II
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7 substance compounded therefrom into other than legitimate medical,
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8 scientific or industrial channels including examination of the
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9 fitness of his or her employees or agents to handle dangerous
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10 substances;
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11 2. Compliance with applicable state and local law;
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12 3. Has been found guilty of, entered a plea of guilty or nolo
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13 contendere to a charge under the Uniform Controlled Dangerous
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14 Substances Act or any other state or federal law relating to any
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15 substance defined herein as a controlled dangerous substance or any
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16 felony under the laws of any state or the United States;
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17 4. Furnishing by the applicant false or fraudulent material
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18 information in any application filed under Section 2-101 et seq. of
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19 this title;
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20 5. Past experience in the manufacture, distribution,
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21 dispensing, prescribing, administering or use for scientific
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22 purposes of controlled dangerous substances, and the existence in
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23 the establishment of effective controls against diversion;
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1 6. Denial, suspension or revocation of the applicant’s federal
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2 registration to manufacture, distribute or dispense controlled
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3 dangerous substances as authorized by federal law; and
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4 7. Such other factors as may be relevant to and consistent with
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5 the public health and safety.
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6 Nothing herein shall be deemed to require individual licensed
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7 pharmacists to register under the provisions of the Uniform
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8 Controlled Dangerous Substances Act.
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9 B. Registration granted under subsection A of this section
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10 shall not entitle a registrant to manufacture, distribute, dispense,
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11 prescribe, administer or use for scientific purposes controlled
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12 dangerous substances in Schedule I or II other than those specified
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13 in the registration.
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14 C. Practitioners shall be registered to dispense, prescribe,
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15 administer or use for scientific purposes substances in Schedules II
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16 through V if they are authorized to carry on their respective
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17 activities under the laws of this state. A registration application
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18 by a practitioner who wishes to conduct research with Schedule I
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19 substances shall be accompanied by evidence of the applicant’s
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20 federal registration to conduct such activity and shall be referred
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21 to the Medical Research Commission for advice. The Medical Research
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22 Commission shall promptly advise the Director concerning the
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23 qualifications of each practitioner requesting such registration.
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24 Registration for the purpose of bona fide research or of use for
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1 scientific purposes with Schedule I substances by a practitioner
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2 deemed qualified by the Medical Research Commission may be denied
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3 only on a ground specified in subsection A of Section 2-304 of this
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4 title or if there are reasonable grounds to believe that the
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5 applicant will abuse or unlawfully transfer such substances or fail
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6 to safeguard adequately such applicant’s supply of such substances
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7 against diversion from legitimate medical or scientific use.
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8 D. 1. The Director shall initially permit persons to register
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9 who own or operate any establishment engaged in the manufacture,
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10 distribution, dispensing, prescribing, administering or use for
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11 scientific purposes of any controlled dangerous substances prior to
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12 June 4, 1991, and who are registered or licensed by the state. Fees
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13 for registration under this section shall be as follows:
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14 Practitioners and mid-level
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15 practitioners $140.00 per year
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16 of registration
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17 Home Care Agencies, Hospices &
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18 Home Care Services $140.00 annually
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19 Medical Facility Owners $300.00 annually
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20 Distributors $300.00 annually
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21 Manufacturers $2,500.00 annually
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22 Manufacturer, Wholesaler, or
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23 Distributor of drug products
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1 containing pseudoephedrine
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2 or phenylpropanolamine $300.00 annually
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3 2. A registrant shall be required to pay double the amount of
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4 the above-listed fee for any renewal of registration received more
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5 than thirty (30) days late.
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6 3. A Ten Dollar ($10.00) fee shall be charged for a duplicate
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7 registration certificate.
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8 E. Compliance by manufacturers and distributors with the
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9 provisions of the Federal Controlled Substances Act, 21 U.S.C.,
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10 Section 801 et seq., respecting registration, excluding fees, shall
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11 be deemed sufficient to qualify for registration under Section 2-101
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12 et seq. of this title.
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13 F. The Director shall promulgate rules necessary for
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14 registration application periods.
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15 SECTION 2. This act shall become effective November 1, 2024.
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17 59-2-2647 MR 1/18/2024 12:21:51 PM
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