1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 32 By: Bullard
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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 333, O.S.L. 2021, which relates
8 to prescriptions; exempting certain practitioners
9 from electronic prescription requirement; limiting
9 availability of exemption; directing licensing boards
10 to take certain actions; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-309, as
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15 last amended by Section 1, Chapter 333, O.S.L. 2021, is amended to
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16 read as follows:
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17 Section 2-309. A. 1. Except for dosages medically required
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18 for a period not to exceed forty-eight (48) hours which are
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19 administered by or on direction of a practitioner, other than a
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20 pharmacist, or medication dispensed directly by a practitioner,
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21 other than a pharmacist, to an ultimate user, no controlled
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22 dangerous substance included in Schedule II, which is a prescription
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23 drug as determined under regulation promulgated by the State Board
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24 of Pharmacy, shall be dispensed without an electronic prescription
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 1 of a practitioner; provided, that in emergency situations, as
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2 prescribed by the State Board of Pharmacy by regulation, such drug
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3 may be dispensed upon oral prescription reduced promptly to writing
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4 and filed by the pharmacist in a manner to be prescribed by rules
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5 and regulations of the Director of the Oklahoma State Bureau of
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6 Narcotics and Dangerous Drugs Control.
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7 2. Electronic prescribing shall be utilized for Schedules II,
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8 III, IV, and V, subject to the requirements set forth in 21 CFR,
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9 Section 1311 et seq.
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10 3. An electronic prescription with electronic signature may
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11 serve as an original prescription, subject to the requirements set
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12 forth in 21 CFR, Section 1311 et seq.
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13 4. Prescriptions shall be retained in conformity with the
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14 requirements of this section and Section 2-307 of this title. No
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15 prescription for a Schedule II substance may be refilled.
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16 5. The electronic prescription requirement provided for in this
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17 section shall not apply to prescriptions for controlled dangerous
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18 substances issued by any of the following:
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19 a. a person licensed to practice veterinary medicine,
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20 b. a practitioner who experiences temporary technological
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21 or electrical failure or other extenuating
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22 circumstance that prevents the prescription from being
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23 transmitted electronically; provided, however, that
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 1 the practitioner documents the reason for this
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2 exception in the medical record of the patient,
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3 c. a practitioner, other than a pharmacist, who dispenses
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4 directly to an ultimate user,
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5 d. a practitioner who orders a controlled dangerous
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6 substance to be administered through an on-site
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7 pharmacy in:
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8 (1) a hospital as defined in Section 1-701 of this
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9 title,
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10 (2) a nursing facility as defined in Section 1-1902
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11 of this title,
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12 (3) a hospice inpatient facility as defined in
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13 Section 1-860.2 of this title,
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14 (4) an outpatient dialysis facility,
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15 (5) a continuum of care facility as defined in
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16 Section 1-890.2 of this title, or
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17 (6) a penal institution listed in Section 509 of
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18 Title 57 of the Oklahoma Statutes,
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19 e. a practitioner who writes a prescription to be
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20 dispensed by a pharmacy located on federal property,
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21 provided the practitioner documents the reason for
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22 this exception in the medical record of the patient,
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23 f. a practitioner that has received a waiver or extension
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24 from his or her licensing board,
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 1 g. a practitioner who prescribes a controlled dangerous
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2 substance for a supply that when taken as prescribed
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3 would be consumed within seventy-two (72) hours, or
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4 h. a practitioner who determines that an electronic
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5 prescription cannot be issued in a timely manner and
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6 the condition of the patient is at risk, or
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7 i. a practitioner who practices exclusively in one or
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8 more medically underserved areas (MUAs) as determined
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9 by the Health Resources and Services Administration.
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10 This exemption shall not be available for a
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11 practitioner who has been subject to disciplinary
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12 action by the practitioner’s licensing board for a
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13 violation related to the prescription of controlled
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14 dangerous substances. The licensing board shall
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15 communicate with and share necessary information with
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16 the Oklahoma State Bureau of Narcotics and Dangerous
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17 Drugs Control for the purpose of enforcement of this
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18 subparagraph.
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19 6. Electronic prescriptions may be utilized under the following
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20 circumstances:
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21 a. compounded prescriptions,
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22 b. compounded infusion prescriptions, or
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23 c. prescriptions issued under approved research
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24 protocols.
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 1 7. A pharmacist who receives a written, oral or facsimile
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2 prescription shall not be required to verify that the prescription
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3 falls under one of the exceptions provided for in paragraph 6 of
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4 this subsection. Pharmacists may continue to dispense medications
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5 from otherwise valid written, oral or facsimile prescriptions that
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6 are consistent with the provisions of this act section.
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7 8. Practitioners shall indicate in the health record of a
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8 patient that an exception to the electronic prescription requirement
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9 was utilized.
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10 9. All prescriptions issued pursuant to paragraph 5 and
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11 subparagraph c of paragraph 6 of this subsection shall be on an
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12 official prescription form approved by the Oklahoma State Bureau of
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13 Narcotics and Dangerous Drugs Control.
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14 10. a. Practitioners shall be registered with the Oklahoma
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15 State Bureau of Narcotics and Dangerous Drugs Control
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16 in order to purchase official prescription forms.
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17 Such registration shall include, but not be limited
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18 to, the primary address and the address of each place
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19 of business to be imprinted on official prescription
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20 forms. Any change to a registered practitioner’s
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21 registered address shall be promptly reported to the
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22 practitioner’s licensing board and the Bureau by the
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23 practitioner in a manner approved by the Bureau.
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 1 b. Where the Bureau has revoked the registration of a
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2 registered practitioner, the Bureau may revoke or
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3 cancel any official prescription forms in the
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4 possession of the registered practitioner. Any
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5 revocation or any suspension shall require the
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6 registered practitioner to return all unused official
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7 prescription forms to the Bureau within fifteen (15)
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8 calendar days after the date of the written
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9 notification.
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10 c. A practitioner that has had any license to practice
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11 terminated, revoked or suspended by a state or federal
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12 agency may, upon restoration of such license or
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13 certificate, register with the Bureau.
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14 11. a. Official prescription forms shall be purchased at the
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15 expense of the practitioner or the employer of the
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16 practitioner from a list of vendors approved by the
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17 Bureau.
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18 b. Official prescription forms issued to a registered
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19 practitioner shall be imprinted with the primary
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20 address and may include other addresses listed on the
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21 registration of the practitioner to identify the place
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22 of origin. Such prescriptions shall be sent only to
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23 the primary address of the registered practitioner.
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 1 c. Official prescription forms of a registered
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2 practitioner shall be used only by the practitioner
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3 designated on the official prescription form.
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4 d. The Bureau may revoke or cancel official prescription
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5 forms in possession of registered practitioners when
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6 the license of such practitioner is suspended,
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7 terminated or revoked.
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8 e. Official prescription forms of registered
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9 practitioners who are deceased or who no longer
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10 prescribe shall be returned to the Bureau at a
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11 designated address. If the registered practitioner is
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12 deceased, it is the responsibility of the registered
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13 practitioner’s estate or lawful designee to return
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14 such forms.
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15 f. The Bureau may issue official prescription forms to
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16 employees or agents of the Bureau and other government
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17 agencies for the purpose of preventing, identifying,
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18 investigating and prosecuting unacceptable or illegal
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19 practices by providers and other persons and assisting
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20 in the recovery of overpayments under any program
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21 operated by the state or paid for with state funds.
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22 Such prescription forms shall be issued for this
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23 purpose only to individuals who are authorized to
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24 conduct investigations on behalf of the Bureau or
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 1 other government agencies as part of their official
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2 duties. Individuals and agencies receiving such
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3 prescription forms for this purpose shall provide
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4 appropriate assurances to the Bureau that adequate
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5 safeguards and security measures are in place to
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6 prevent the use of such prescription forms for
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7 anything other than official government purposes.
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8 12. a. Adequate safeguards and security measures shall be
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9 undertaken by registered practitioners holding
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10 official prescription forms to assure against the
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11 loss, destruction, theft or unauthorized use of the
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12 forms. Registered practitioners shall maintain a
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13 sufficient but not excessive supply of such forms in
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14 reserve.
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15 b. Registered practitioners shall immediately notify the
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16 Bureau, in a manner designated by the Bureau, upon
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17 their knowledge of the loss, destruction, theft or
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18 unauthorized use of any official prescription forms
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19 issued to them, as well as the failure to receive
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20 official prescription forms within a reasonable time
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21 after ordering them from the vendor approved by the
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22 Bureau.
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23 c. Registered practitioners shall immediately notify the
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24 Bureau upon their knowledge of any diversion or
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 1 suspected diversion of drugs pursuant to the loss,
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2 theft or unauthorized use of prescriptions.
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3 B. 1. Except for dosages medically required for a period not
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4 to exceed seventy-two (72) hours which are administered by or on
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5 direction of a practitioner, other than a pharmacist, medication
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6 dispensed directly by a practitioner, other than a pharmacist, to an
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7 ultimate user, or the circumstances provided for in paragraphs 5 and
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8 6 of subsection A of this section, no controlled dangerous substance
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9 included in Schedule III or IV, which is a prescription drug as
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10 determined under regulation promulgated by the State Board of
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11 Pharmacy, shall be dispensed without an electronic prescription.
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12 2. Any prescription for a controlled dangerous substance in
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13 Schedule III, IV or V may not be filled or refilled more than six
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14 (6) months after the date thereof or be refilled more than five
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15 times after the date of the prescription, unless renewed by the
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16 practitioner.
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17 C. Whenever it appears to the Director of the Oklahoma State
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18 Bureau of Narcotics and Dangerous Drugs Control that a drug not
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19 considered to be a prescription drug under existing state law or
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20 regulation of the State Board of Pharmacy should be so considered
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21 because of its abuse potential, the Director shall so advise the
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22 State Board of Pharmacy and furnish to the Board all available data
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23 relevant thereto.
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 1 D. 1. “Prescription”, as used in this section, means a
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2 written, oral or electronic order by a practitioner to a pharmacist
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3 for a controlled dangerous substance for a particular patient, which
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4 specifies the date of its issue, and the full name and address of
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5 the patient and, if the controlled dangerous substance is prescribed
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6 for an animal, the species of the animal, the name and quantity of
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7 the controlled dangerous substance prescribed, the directions for
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8 use, the name and address of the owner of the animal and, if
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9 written, the signature of the practitioner. When electronically
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10 prescribed, the full name of the patient may include the name and
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11 species of the animal.
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12 2. “Registered practitioner”, as used in this section, means a
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13 licensed practitioner duly registered with the Oklahoma State Bureau
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14 of Narcotics and Dangerous Drugs Control authorized to purchase
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15 official prescription forms.
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16 E. No person shall solicit, dispense, receive or deliver any
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17 controlled dangerous substance through the mail, unless the ultimate
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18 user is personally known to the practitioner and circumstances
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19 clearly indicate such method of delivery is in the best interest of
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20 the health and welfare of the ultimate user.
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21 SECTION 2. This act shall become effective November 1, 2023.
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23 59-1-2 DC 12/14/2022 9:18:59 AM
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