1| SENATE FLOOR VERSION |
| April 11, 2024 |
2| |
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3|COMMITTEE SUBSTITUTE |
|FOR ENGROSSED |
4|HOUSE BILL NO. 3567 By: Manger of the House |
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5| and |
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6| Paxton of the Senate |
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7| |
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8| |
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9| An Act relating to controlled dangerous drugs; |
| amending 63 O.S. 2021, Sections 2-101, as last |
10| amended by Section 1, Chapter 375, O.S.L. 2023, |
| 2-106.2, 2-204, as last amended by Section 1, Chapter |
11| 120, O.S.L. 2023, 2-304, as last amended by Section |
| 3, Chapter 375, O.S.L. 2023, 2-305, as last amended |
12| by Section 4, Chapter 375, O.S.L. 2023, 2-309, as |
| amended by Section 2, Chapter 304, O.S.L. 2023, and |
13| 2-406, as amended by Section 2, Chapter 235, O.S.L. |
| 2023 (63 O.S. Supp. 2023, Sections 2-101, 2-204, |
14| 2-304, 2-305, 2-309, and 2-406), which relate to the |
| Uniform Controlled Dangerous Substances Act; adding |
15| and alphabetizing definitions; deleting reference to |
| promulgated rules; adding substances to list of |
16| Schedule I controlled substances; updating statutory |
| reference; clarifying circumstances that provide for |
17| the revocation or suspension of registrations; |
| deleting certain penalty provision; updating manner |
18| by which controlled dangerous substances are |
| forfeited; deeming written order as final under |
19| certain circumstances; allowing registrations to |
| remain in effect under certain circumstances; |
20| authorizing the utilization of electronic |
| prescriptions under certain circumstances; requiring |
21| practitioners to purchase official prescription |
| forms; providing restrictions on use of official |
22| prescription forms; modifying scope of certain |
| prohibited act; repealing 63 O.S. 2021, Sections |
23| 2-101, as amended by Section 10, Chapter 91, O.S.L. |
| 2019, as last amended by Section 1, Chapter 235, |
24| O.S.L. 2023, and as last amended by Section 1, |
| Chapter 304, O.S.L. 2023, 2-304, as amended by |
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1| Section 1, Chapter 176, O.S.L. 2023, 2-305, as |
| amended by Section 2, Chapter 176, O.S.L. 2023, |
2| 2-309, as amended by Section 1, Chapter 333, O.S.L. |
| 2021, 2-402, as amended by Section 1, Chapter 220, |
3| O.S.L. 2016, and 2-406, as last amended by Section 7, |
| Chapter 375, O.S.L. 2023 (63 O.S. Supp. 2023, |
4| Sections 2-101, 2-304, 2-305, and 2-406), which |
| relate to the Uniform Controlled Dangerous Substance |
5| Act; and declaring an emergency. |
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6| |
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7| |
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8|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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9| SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as |
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10|last amended by Section 1, Chapter 375, O.S.L. 2023 (63 O.S. Supp. |
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11|2023, Section 2-101), is amended to read as follows: |
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12| Section 2-101. As used in the Uniform Controlled Dangerous |
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13|Substances Act: |
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14| 1. "Acute pain" means pain, whether resulting from disease, |
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15|accidental trauma, intentional trauma, or other cause that the |
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16|practitioner reasonably expects to last only a short period of time. |
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17| Acute pain does not include chronic pain, pain being treated as |
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18|part of cancer care, hospice or other end-of-life care, or pain |
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19|being treated as part of palliative care; |
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20| 2. "Administer" means the direct application of a controlled |
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21|dangerous substance, whether by injection, inhalation, ingestion or |
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22|any other means, to the body of a patient, animal or research |
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23|subject by: |
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24| |
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1| a. a practitioner (or, in the presence of the |
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2| practitioner, by the authorized agent of the |
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3| practitioner), or |
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4| b. the patient or research subject at the direction and |
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5| in the presence of the practitioner; |
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6| 2. 3. "Agent" means a peace officer appointed by and who acts |
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7|on behalf of the Director of the Oklahoma State Bureau of Narcotics |
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8|and Dangerous Drugs Control or an authorized person who acts on |
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9|behalf of or at the direction of a person who manufactures, |
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10|distributes, dispenses, prescribes, administers or uses for |
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11|scientific purposes controlled dangerous substances but does not |
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12|include a common or contract carrier, public warehouser or employee |
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13|thereof, or a person required to register under the Uniform |
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14|Controlled Dangerous Substances Act; |
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15| 4. "Anhydrous ammonia" means any substance that exhibits |
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16|cryogenic evaporative behavior and tests positive for ammonia; |
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17| 3. 5. "Board" means the Advisory Board to the Director of the |
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18|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
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19| 4. 6. "Bureau" means the Oklahoma State Bureau of Narcotics and |
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20|Dangerous Drugs Control; |
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21| 7. "Chronic pain" means pain that persists beyond the usual |
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22|course of an acute disease or healing of an injury. Chronic pain |
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23|may or may not be associated with an acute or chronic pathologic |
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24| |
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1|process that causes continuous or intermittent pain over months or |
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2|years; |
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3| 5. 8. "Coca leaves" includes cocaine and any compound, |
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4|manufacture, salt, derivative, mixture or preparation of coca |
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5|leaves, except derivatives of coca leaves which do not contain |
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6|cocaine or ecgonine; |
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7| 6. 9. "Commissioner" or "Director" means the Director of the |
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8|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
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9| 7. 10. "Control" means to add, remove or change the placement |
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10|of a drug, substance or immediate precursor under the Uniform |
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11|Controlled Dangerous Substances Act; |
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12| 8. 11. "Controlled dangerous substance" means a drug, substance |
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13|or immediate precursor in Schedules I through V of the Uniform |
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14|Controlled Dangerous Substances Act or any drug, substance or |
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15|immediate precursor listed either temporarily or permanently as a |
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16|federally controlled substance. Any conflict between state and |
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17|federal law with regard to the particular schedule in which a |
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18|substance is listed shall be resolved in favor of state law; |
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19| 9. 12. "Counterfeit substance" means a controlled substance |
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20|which, or the container or labeling of which without authorization, |
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21|bears the trademark, trade name or other identifying marks, imprint, |
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22|number or device or any likeness thereof of a manufacturer, |
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23|distributor or dispenser other than the person who in fact |
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24|manufactured, distributed or dispensed the substance; |
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1| 10. 13. "Deliver" or "delivery" means the actual, constructive |
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2|or attempted transfer from one person to another of a controlled |
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3|dangerous substance or drug paraphernalia, whether or not there is |
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4|an agency relationship; |
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5| 11. 14. "Dispense" means to deliver a controlled dangerous |
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6|substance to an ultimate user or human research subject by or |
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7|pursuant to the lawful order of a practitioner, including the |
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8|prescribing, administering, packaging, labeling or compounding |
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9|necessary to prepare the substance for such distribution. |
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10|"Dispenser" is a practitioner who delivers a controlled dangerous |
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11|substance to an ultimate user or human research subject; |
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12| 12. 15. "Distribute" means to deliver other than by |
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13|administering or dispensing a controlled dangerous substance; |
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14| 13. 16. "Distributor" means a commercial entity engaged in the |
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15|distribution or reverse distribution of narcotics and dangerous |
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16|drugs and who complies with all regulations promulgated by the |
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17|federal Drug Enforcement Administration and the Oklahoma State |
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18|Bureau of Narcotics and Dangerous Drugs Control; |
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19| 14. 17. "Drug" means articles: |
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20| a. recognized in the official United States Pharmacopeia, |
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21| official Homeopathic Pharmacopoeia of the United |
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22| States, or official National Formulary, or any |
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23| supplement to any of them, |
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24| |
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1| b. intended for use in the diagnosis, cure, mitigation, |
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2| treatment or prevention of disease in man or other |
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3| animals, |
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4| c. other than food, intended to affect the structure or |
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5| any function of the body of man or other animals, and |
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6| d. intended for use as a component of any article |
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7| specified in this paragraph; |
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8|provided, however, the term drug does not include devices or their |
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9|components, parts or accessories; |
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10| 18. "Drug paraphernalia" means all equipment, products, and |
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11|materials of any kind which are used, intended for use, or fashioned |
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12|specifically for use in planting, propagating, cultivating, growing, |
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13|harvesting, manufacturing, compounding, converting, producing, |
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14|processing, preparing, testing, analyzing, packaging, repackaging, |
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15|storing, containing, concealing, injecting, ingesting, inhaling, or |
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16|otherwise introducing into the human body, a controlled dangerous |
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17|substance in violation of the Uniform Controlled Dangerous |
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18|Substances Act including, but not limited to: |
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19| a. kits used, intended for use, or fashioned |
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20| specifically for use in planting, propagating, |
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21| cultivating, growing, or harvesting of any species of |
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22| plant which is a controlled dangerous substance or |
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23| from which a controlled dangerous substance can be |
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24| derived, |
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1| b. kits used, intended for use, or fashioned |
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2| specifically for use in manufacturing, compounding, |
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3| converting, producing, processing, or preparing |
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4| controlled dangerous substances, |
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5| c. isomerization devices used, intended for use, or |
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6| fashioned specifically for use in increasing the |
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7| potency of any species of plant which is a controlled |
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8| dangerous substance, |
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9| d. testing equipment used, intended for use, or |
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10| fashioned specifically for use in identifying, or in |
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11| analyzing, the strength, effectiveness, or purity of |
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12| controlled dangerous substances, |
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13| e. scales and balances used, intended for use, or |
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14| fashioned specifically for use in weighing or |
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15| measuring controlled dangerous substances, |
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16| f. diluents and adulterants, such as quinine |
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17| hydrochloride, mannitol, mannite, dextrose, and |
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18| lactose used, intended for use, or fashioned |
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19| specifically for use in cutting controlled dangerous |
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20| substances, |
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21| g. separation gins and sifters used, intended for use, |
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22| or fashioned specifically for use in removing twigs |
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23| and seeds from, or in otherwise cleaning or refining, |
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24| marijuana, |
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1| h. blenders, bowls, containers, spoons, and mixing |
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2| devices used, intended for use, or fashioned |
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3| specifically for use in compounding controlled |
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4| dangerous substances, |
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5| i. capsules, balloons, envelopes, and other containers |
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6| used, intended for use, or fashioned specifically for |
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7| use in packaging small quantities of controlled |
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8| dangerous substances, |
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9| j. containers and other objects used, intended for use, |
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10| or fashioned specifically for use in parenterally |
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11| injecting controlled dangerous substances into the |
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12| human body, |
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13| k. hypodermic syringes, needles, and other objects used, |
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14| intended for use, or fashioned specifically for use in |
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15| parenterally injecting controlled dangerous substances |
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16| into the human body, except as authorized by Section |
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17| 2-1101 of this title, |
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18| l. objects used, intended for use, or fashioned |
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19| specifically for use in ingesting, inhaling, or |
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20| otherwise introducing marijuana, cocaine, hashish, or |
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21| hashish oil into the human body, such as: |
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22| (1) metal, wooden, acrylic, glass, stone, plastic, |
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23| or ceramic pipes with or without screens, |
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24| |
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1| permanent screens, hashish heads, or punctured |
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2| metal bowls, |
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3| (2) water pipes, |
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4| (3) carburetion tubes and devices, |
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5| (4) smoking and carburetion masks, |
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6| (5) roach clips, meaning objects used to hold |
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7| burning material, such as a marijuana cigarette, |
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8| that has become too small or too short to be held |
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9| in the hand, |
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10| (6) miniature cocaine spoons and cocaine vials, |
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11| (7) chamber pipes, |
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12| (8) carburetor pipes, |
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13| (9) electric pipes, |
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14| (10) air-driven pipes, |
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15| (11) chillums, |
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16| (12) bongs, or |
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17| (13) ice pipes or chillers, |
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18| m. all hidden or novelty pipes, and |
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19| n. any pipe that has a tobacco bowl or chamber of less |
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20| than one-half (1/2) inch in diameter in which there is |
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21| any detectable residue of any controlled dangerous |
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22| substance as defined in this section or any other |
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23| substances not legal for possession or use; |
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24| |
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1|provided, however, the term drug paraphernalia shall not include |
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2|separation gins intended for use in preparing tea or spice, clamps |
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3|used for constructing electrical equipment, water pipes designed for |
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4|ornamentation in which no detectable amount of an illegal substance |
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5|is found or pipes designed and used solely for smoking tobacco, |
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6|traditional pipes of an American Indian tribal religious ceremony, |
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7|antique pipes that are thirty (30) years of age or older, or drug |
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8|testing strips possessed by a person for purposes of determining the |
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9|presence of fentanyl or a fentanyl-related compound; |
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10| 15. 19. "Drug-dependent person" means a person who is using a |
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11|controlled dangerous substance and who is in a state of psychic or |
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12|physical dependence, or both, arising from administration of that |
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13|controlled dangerous substance on a continuous basis. Drug |
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14|dependence is characterized by behavioral and other responses which |
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15|include a strong compulsion to take the substance on a continuous |
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16|basis in order to experience its psychic effects, or to avoid the |
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17|discomfort of its absence; |
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18| 20. "Harm-reduction services" means programs established to: |
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19| a. reduce the spread of infectious diseases related to |
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20| injection drug use, |
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21| b. reduce drug dependency, overdose deaths, and |
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22| associated complications, and |
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23| c. increase safe recovery and disposal of used syringes |
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24| and sharp waste; |
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1| 21. "Hazardous materials" means materials, whether solid, |
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2|liquid, or gas, which are toxic to human, animal, aquatic, or plant |
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3|life, and the disposal of such materials is controlled by state or |
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4|federal guidelines; |
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5| 16. 22. "Home care agency" means any sole proprietorship, |
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6|partnership, association, corporation, or other organization which |
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7|administers, offers, or provides home care services, for a fee or |
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8|pursuant to a contract for such services, to clients in their place |
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9|of residence; |
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10| 17. 23. "Home care services" means skilled or personal care |
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11|services provided to clients in their place of residence for a fee; |
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12| 18. 24. "Hospice" means a centrally administered, nonprofit or |
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13|for-profit, medically directed, nurse-coordinated program which |
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14|provides a continuum of home and inpatient care for the terminally |
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15|ill patient and the patient's family. Such term shall also include |
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16|a centrally administered, nonprofit or for-profit, medically |
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17|directed, nurse-coordinated program if such program is licensed |
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18|pursuant to the provisions of the Uniform Controlled Dangerous |
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19|Substances Act. A hospice program offers palliative and supportive |
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20|care to meet the special needs arising out of the physical, |
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21|emotional and spiritual stresses which are experienced during the |
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22|final stages of illness and during dying and bereavement. This care |
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23|is available twenty-four (24) hours a day, seven (7) days a week, |
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24|and is provided on the basis of need, regardless of ability to pay. |
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1|"Class A" Hospice refers to Medicare-certified hospices. "Class B" |
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2|refers to all other providers of hospice services; |
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3| 19. 25. "Imitation controlled substance" means a substance that |
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4|is not a controlled dangerous substance, which by dosage unit |
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5|appearance, color, shape, size, markings or by representations made, |
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6|would lead a reasonable person to believe that the substance is a |
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7|controlled dangerous substance, or is a drug intended solely for |
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8|veterinary purposes that is not a controlled dangerous substance and |
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9|is being used outside of the scope of practice or normal course of |
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10|business, as defined by the State Board of Veterinary Medical |
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11|Examiners, or is a federal Food and Drug Administration-approved |
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12|drug that is not a controlled dangerous substance and is being used |
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13|outside the scope of approval for illicit purposes such as |
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14|adulterating or lacing other controlled dangerous substances. In |
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15|the event the appearance of the dosage unit or use is not reasonably |
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16|sufficient to establish that the substance is an imitation |
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17|controlled substance, the court or authority concerned should |
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18|consider, in addition to all other factors, the following factors as |
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19|related to "representations made" in determining whether the |
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20|substance is an imitation controlled substance: |
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21| a. statements made by an owner or by any other person in |
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22| control of the substance concerning the nature of the |
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23| substance, or its use or effect, |
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24| |
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1| b. statements made to the recipient that the substance |
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2| may be resold for inordinate profit, |
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3| c. whether the substance is packaged in a manner normally |
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4| used for illicit controlled substances, |
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5| d. evasive tactics or actions utilized by the owner or |
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6| person in control of the substance to avoid detection |
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7| by law enforcement authorities, |
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8| e. prior convictions, if any, of an owner, or any other |
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9| person in control of the object, under state or |
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10| federal law related to controlled substances or fraud, |
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11| and |
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12| f. the proximity of the substances to controlled |
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13| dangerous substances; |
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14| 20. 26. "Immediate precursor" means a substance which the |
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15|Director has found to be and by regulation designates as being the |
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16|principal compound commonly used or produced primarily for use, and |
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17|which is an immediate chemical intermediary used, or likely to be |
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18|used, in the manufacture of a controlled dangerous substance, the |
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19|control of which is necessary to prevent, curtail or limit such |
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20|manufacture; |
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21| 27. "Initial prescription" means a prescription issued to a |
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22|patient who: |
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23| a. has never previously been issued a prescription for |
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24| |
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1| the drug or its pharmaceutical equivalent in the past |
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2| year, or |
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3| b. requires a prescription for the drug or its |
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4| pharmaceutical equivalent due to a surgical procedure |
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5| or new acute event and has previously had a |
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6| prescription for the drug or its pharmaceutical |
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7| equivalent within the past year. |
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8| When determining whether a patient was previously issued a |
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9|prescription for a drug or its pharmaceutical equivalent, the |
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10|practitioner shall consult with the patient and review the medical |
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11|record and prescription monitoring information of the patient; |
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12| 28. "Isomer" means the optical isomer, except as used in |
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13|subsections C and F of Section 2-204 of this title and paragraph 4 |
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14|of subsection A of Section 2-206 of this title. As used in |
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15|subsections C and F of Section 2-204 of this title, isomer means the |
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16|optical, positional, or geometric isomer. As used in paragraph 4 of |
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17|subsection A of Section 2-206 of this title, the term isomer means |
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18|the optical or geometric isomer; |
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19| 21. 29. "Laboratory" means a laboratory approved by the |
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20|Director as proper to be entrusted with the custody of controlled |
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21|dangerous substances and the use of controlled dangerous substances |
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22|for scientific and medical purposes and for purposes of instruction; |
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23| 22. 30. "Manufacture" means the production, preparation, |
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24|propagation, compounding or processing of a controlled dangerous |
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1|substance, either directly or indirectly by extraction from |
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2|substances of natural or synthetic origin, or independently by means |
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3|of chemical synthesis or by a combination of extraction and chemical |
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4|synthesis. "Manufacturer" includes any person who packages, |
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5|repackages or labels any container of any controlled dangerous |
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6|substance, except practitioners who dispense or compound |
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7|prescription orders for delivery to the ultimate consumer; |
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8| 23. 31. "Marijuana" means all parts of the plant Cannabis |
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9|sativa L., whether growing or not; the seeds thereof; the resin |
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10|extracted from any part of such plant; and every compound, |
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11|manufacture, salt, derivative, mixture or preparation of such plant, |
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12|its seeds or resin, but shall not include: |
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13| a. the mature stalks of such plant or fiber produced |
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14| from such stalks, |
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15| b. oil or cake made from the seeds of such plant, |
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16| including cannabidiol derived from the seeds of the |
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17| marijuana plant, |
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18| c. any other compound, manufacture, salt, derivative, |
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19| mixture or preparation of such mature stalks (except |
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20| the resin extracted therefrom), including cannabidiol |
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21| derived from mature stalks, fiber, oil or cake, |
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22| d. the sterilized seed of such plant which is incapable |
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23| of germination, |
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24| |
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1| e. for any person participating in a clinical trial to |
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2| administer cannabidiol for the treatment of severe |
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3| forms of epilepsy pursuant to Section 2-802 of this |
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4| title, a drug or substance approved by the federal |
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5| Food and Drug Administration for use by those |
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6| participants, |
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7| f. for any person or the parents, legal guardians or |
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8| caretakers of the person who have received a written |
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9| certification from a physician licensed in this state |
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10| that the person has been diagnosed by a physician as |
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11| having Lennox-Gastaut syndrome, Dravet syndrome, also |
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12| known as severe myoclonic epilepsy of infancy, or any |
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13| other severe form of epilepsy that is not adequately |
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14| treated by traditional medical therapies, spasticity |
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15| due to multiple sclerosis or due to paraplegia, |
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16| intractable nausea and vomiting, appetite stimulation |
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17| with chronic wasting diseases, the substance |
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18| cannabidiol, a nonpsychoactive cannabinoid, found in |
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19| the plant Cannabis sativa L. or any other preparation |
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20| thereof, that has a tetrahydrocannabinol concentration |
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21| not more than three-tenths of one percent (0.3%) and |
| |
22| that is delivered to the patient in the form of a |
| |
23| liquid, |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 16
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1| g. any federal Food-and-Drug-Administration Food and |
| |
2| Drug Administration-approved drug or substance, or |
| |
3| h. industrial hemp, from the plant Cannabis sativa L. |
| |
4| and any part of such plant, whether growing or not, |
| |
5| with a delta-9 tetrahydrocannabinol concentration not |
| |
6| more than three-tenths of one percent (0.3%) on a |
| |
7| dry-weight basis which shall only be grown pursuant to |
| |
8| the Oklahoma Industrial Hemp Program and may be |
| |
9| shipped intrastate and interstate; |
| |
10| 24. 32. "Medical purpose" means an intention to utilize a |
| |
11|controlled dangerous substance for physical or mental treatment, for |
| |
12|diagnosis, or for the prevention of a disease condition not in |
| |
13|violation of any state or federal law and not for the purpose of |
| |
14|satisfying physiological or psychological dependence or other abuse; |
| |
15| 25. 33. "Mid-level practitioner" means an Advanced Practice |
| |
16|Registered Nurse as defined and within parameters specified in |
| |
17|Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified |
| |
18|animal euthanasia technician as defined in Section 698.2 of Title 59 |
| |
19|of the Oklahoma Statutes, or an animal control officer registered by |
| |
20|the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
| |
21|under subsection B of Section 2-301 of this title within the |
| |
22|parameters of such officer's duties under Sections 501 through 508 |
| |
23|of Title 4 of the Oklahoma Statutes; |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 17
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1| 26. 34. "Narcotic drug" means any of the following, whether |
| |
2|produced directly or indirectly by extraction from substances of |
| |
3|vegetable origin, or independently by means of chemical synthesis, |
| |
4|or by a combination of extraction and chemical synthesis: |
| |
5| a. opium, coca leaves and opiates, |
| |
6| b. a compound, manufacture, salt, derivative or |
| |
7| preparation of opium, coca leaves or opiates, |
| |
8| c. cocaine, its salts, optical and geometric isomers, and |
| |
9| salts of isomers, |
| |
10| d. ecgonine, its derivatives, their salts, isomers and |
| |
11| salts of isomers, and |
| |
12| e. a substance, and any compound, manufacture, salt, |
| |
13| derivative or preparation thereof, which is chemically |
| |
14| identical with any of the substances referred to in |
| |
15| subparagraphs a through d of this paragraph, except |
| |
16| that the words narcotic drug as used in Section 2-101 |
| |
17| et seq. of this title shall not include decocainized |
| |
18| coca leaves or extracts of coca leaves, which extracts |
| |
19| do not contain cocaine or ecgonine; |
| |
20| 27. 35. "Opiate" or "opioid" means any Schedule II, III, IV or |
| |
21|V substance having an addiction-forming or addiction-sustaining |
| |
22|liability similar to morphine or being capable of conversion into a |
| |
23|drug having such addiction-forming or addiction-sustaining |
| |
24|liability. The terms do not include, unless specifically designated |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 18
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1|as controlled under the Uniform Controlled Dangerous Substances Act, |
| |
2|the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its |
| |
3|salts (dextromethorphan). The terms do include the racemic and |
| |
4|levorotatory forms; |
| |
5| 28. 36. "Opium poppy" means the plant of the species Papaver |
| |
6|somniferum L., except the seeds thereof; |
| |
7| 37. "Palliative care" means a specialized medical service for |
| |
8|people of any age and at any stage of a serious illness or |
| |
9|life-altering medical event that focuses on navigating complex |
| |
10|medical decisions while providing patient autonomy and access to |
| |
11|information. Utilizing a holistic and interdisciplinary team |
| |
12|approach, palliative care addresses physical, intellectual, |
| |
13|emotional, social, and spiritual needs. Palliative care may be |
| |
14|provided in the inpatient, outpatient, or home care setting and |
| |
15|strives to improve quality of life for both the patient and the |
| |
16|family; |
| |
17| 38. "Patient-provider agreement" means a written contract or |
| |
18|agreement that is executed between a practitioner and a patient |
| |
19|prior to the commencement of treatment for chronic pain using an |
| |
20|opioid drug as a means to: |
| |
21| a. explain the possible risk of development of physical |
| |
22| or psychological dependence in the patient and prevent |
| |
23| the possible development of addiction, |
| |
24| |
| |
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1| b. document the understanding of both the practitioner |
| |
2| and the patient regarding the patient-provider |
| |
3| agreement of the patient, |
| |
4| c. establish the rights of the patient in association |
| |
5| with treatment and the obligations of the patient in |
| |
6| relation to the responsible use, discontinuation of |
| |
7| use, and storage of opioid drugs, including any |
| |
8| restrictions on the refill of prescriptions or the |
| |
9| acceptance of opioid prescriptions from practitioners, |
| |
10| d. identify the specific medications and other modes of |
| |
11| treatment, including physical therapy or exercise, |
| |
12| relaxation, or psychological counseling, that are |
| |
13| included as a part of the patient-provider agreement, |
| |
14| e. specify the measures the practitioner may employ to |
| |
15| monitor the compliance of the patient including, but |
| |
16| not limited to, random specimen screens and pill |
| |
17| counts, and |
| |
18| f. delineate the process for terminating the agreement, |
| |
19| including the consequences if the practitioner has |
| |
20| reason to believe that the patient is not complying |
| |
21| with the terms of the agreement. Compliance with the |
| |
22| consent items described in this paragraph shall |
| |
23| constitute a valid, informed consent for opioid |
| |
24| therapy. The practitioner shall be held harmless from |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 20
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1| civil litigation for failure to treat pain if the |
| |
2| event occurs because of nonadherence by the patient |
| |
3| with any of the provisions of the patient-provider |
| |
4| agreement; |
| |
5| 29. 39. "Peace officer" means a police officer, sheriff, deputy |
| |
6|sheriff, district attorney's investigator, investigator from the |
| |
7|Office of the Attorney General, or any other person elected or |
| |
8|appointed by law to enforce any of the criminal laws of this state |
| |
9|or of the United States; |
| |
10| 30. 40. "Person" means an individual, corporation, government |
| |
11|or governmental subdivision or agency, business trust, estate, |
| |
12|trust, partnership or association, or any other legal entity; |
| |
13| 31. 41. "Poppy straw" means all parts, except the seeds, of the |
| |
14|opium poppy, after mowing; |
| |
15| 32. 42. "Practitioner" means: |
| |
16| a. (1) a medical doctor or osteopathic physician, |
| |
17| (2) a dentist, |
| |
18| (3) a podiatrist, |
| |
19| (4) an optometrist, |
| |
20| (5) a veterinarian, |
| |
21| (6) a physician assistant or Advanced Practice |
| |
22| Registered Nurse under the supervision of a |
| |
23| licensed medical doctor or osteopathic physician, |
| |
24| (7) a scientific investigator, or |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 21
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1| (8) any other person, |
| |
2| licensed, registered or otherwise permitted to |
| |
3| prescribe, distribute, dispense, conduct research with |
| |
4| respect to, use for scientific purposes or administer |
| |
5| a controlled dangerous substance in the course of |
| |
6| professional practice or research in this state, or |
| |
7| b. a pharmacy, hospital, laboratory or other institution |
| |
8| licensed, registered or otherwise permitted to |
| |
9| distribute, dispense, conduct research with respect |
| |
10| to, use for scientific purposes or administer a |
| |
11| controlled dangerous substance in the course of |
| |
12| professional practice or research in this state; |
| |
13| 33. 43. "Production" includes the manufacture, planting, |
| |
14|cultivation, growing or harvesting of a controlled dangerous |
| |
15|substance; |
| |
16| 44. "Serious illness" means a medical illness or physical |
| |
17|injury or condition that substantially affects quality of life for |
| |
18|more than a short period of time. Serious illness includes, but is |
| |
19|not limited to, Alzheimer's disease or related dementias, lung |
| |
20|disease, cancer, heart failure, renal failure, liver failure, or |
| |
21|chronic, unremitting, or intractable pain such as neuropathic pain; |
| |
22| 34. 45. "State" means the State of Oklahoma or any other state |
| |
23|of the United States; |
| |
24| |
| |
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1| 46. "Straw person" or "straw party", also known as a "front", |
| |
2|means a third party who: |
| |
3| a. is put up in name only to take part in a transaction |
| |
4| or otherwise is a nominal party to a transaction with |
| |
5| no actual control, |
| |
6| b. acts on behalf of another person to obtain title to |
| |
7| property and executes documents and instruments the |
| |
8| principal may direct respecting property, or |
| |
9| c. purchases property for another for the purpose of |
| |
10| concealing the identity of the real purchaser or to |
| |
11| accomplish some purpose otherwise in violation of the |
| |
12| Oklahoma Statutes; |
| |
13| 47. "Surgical procedure" means a procedure that is performed |
| |
14|for the purpose of structurally altering the human body by incision |
| |
15|or destruction of tissues as part of the practice of medicine. This |
| |
16|term includes the diagnostic or therapeutic treatment of conditions |
| |
17|or disease processes by use of instruments such as lasers, |
| |
18|ultrasound, ionizing, radiation, scalpels, probes, or needles that |
| |
19|cause localized alteration or transportation of live human tissue by |
| |
20|cutting, burning, vaporizing, freezing, suturing, probing, or |
| |
21|manipulating by closed reduction for major dislocations or |
| |
22|fractures, or otherwise altering by any mechanical, thermal, |
| |
23|light-based, electromagnetic, or chemical means; |
| |
24| 48. a. "Synthetic controlled substance" means a substance: |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 23
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1| (1) the chemical structure of which is substantially |
| |
2| similar to the chemical structure of a controlled |
| |
3| dangerous substance in Schedule I or II, |
| |
4| (2) which has a stimulant, depressant, or |
| |
5| hallucinogenic effect on the central nervous |
| |
6| system that is substantially similar to or |
| |
7| greater than the stimulant, depressant, or |
| |
8| hallucinogenic effect on the central nervous |
| |
9| system of a controlled dangerous substance in |
| |
10| Schedule I or II, or |
| |
11| (3) with respect to a particular person, which such |
| |
12| person represents or intends to have a stimulant, |
| |
13| depressant, or hallucinogenic effect on the |
| |
14| central nervous system that is substantially |
| |
15| similar to or greater than the stimulant, |
| |
16| depressant, or hallucinogenic effect on the |
| |
17| central nervous system of a controlled dangerous |
| |
18| substance in Schedule I or II. |
| |
19| b. The designation of gamma-butyrolactone or any other |
| |
20| chemical as a precursor, pursuant to Section 2-322 of |
| |
21| this title, does not preclude a finding pursuant to |
| |
22| subparagraph a of this paragraph that the chemical is |
| |
23| a synthetic controlled substance. |
| |
24| c. Synthetic controlled substance does not include: |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 24
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1| (1) a controlled dangerous substance, |
| |
2| (2) any substance for which there is an approved new |
| |
3| drug application, |
| |
4| (3) with respect to a particular person any |
| |
5| substance, if an exemption is in effect for |
| |
6| investigational use, for that person under the |
| |
7| provisions of Section 505 of the Federal Food, |
| |
8| Drug, and Cosmetic Act, 21 U.S.C., Section 355, |
| |
9| to the extent conduct with respect to such |
| |
10| substance is pursuant to such exemption, or |
| |
11| (4) any substance to the extent not intended for |
| |
12| human consumption before such an exemption takes |
| |
13| effect with respect to that substance. |
| |
14| d. Prima facie evidence that a substance containing |
| |
15| salvia divinorum has been enhanced, concentrated, or |
| |
16| chemically or physically altered shall give rise to a |
| |
17| rebuttable presumption that the substance is a |
| |
18| synthetic controlled substance; |
| |
19| 49. "Tetrahydrocannabinols" means all substances that have been |
| |
20|chemically synthesized to emulate the tetrahydrocannabinols of |
| |
21|marijuana, specifically including any tetrahydrocannabinols derived |
| |
22|from industrial hemp; and |
| |
23| 35. 50. "Ultimate user" means a person who lawfully possesses a |
| |
24|controlled dangerous substance for the person's own use or for the |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 25
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1|use of a member of the person's household or for administration to |
| |
2|an animal owned by the person or by a member of the person's |
| |
3|household; |
| |
4| 36. "Drug paraphernalia" means all equipment, products and |
| |
5|materials of any kind which are used, intended for use, or fashioned |
| |
6|specifically for use in planting, propagating, cultivating, growing, |
| |
7|harvesting, manufacturing, compounding, converting, producing, |
| |
8|processing, preparing, testing, analyzing, packaging, repackaging, |
| |
9|storing, containing, concealing, injecting, ingesting, inhaling or |
| |
10|otherwise introducing into the human body, a controlled dangerous |
| |
11|substance in violation of the Uniform Controlled Dangerous |
| |
12|Substances Act including, but not limited to: |
| |
13| a. kits used, intended for use, or fashioned specifically |
| |
14| for use in planting, propagating, cultivating, growing |
| |
15| or harvesting of any species of plant which is a |
| |
16| controlled dangerous substance or from which a |
| |
17| controlled dangerous substance can be derived, |
| |
18| b. kits used, intended for use, or fashioned specifically |
| |
19| for use in manufacturing, compounding, converting, |
| |
20| producing, processing or preparing controlled |
| |
21| dangerous substances, |
| |
22| c. isomerization devices used, intended for use, or |
| |
23| fashioned specifically for use in increasing the |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 26
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1| potency of any species of plant which is a controlled |
| |
2| dangerous substance, |
| |
3| d. testing equipment used, intended for use, or fashioned |
| |
4| specifically for use in identifying, or in analyzing |
| |
5| the strength, effectiveness or purity of controlled |
| |
6| dangerous substances, |
| |
7| e. scales and balances used, intended for use, or |
| |
8| fashioned specifically for use in weighing or |
| |
9| measuring controlled dangerous substances, |
| |
10| f. diluents and adulterants, such as quinine |
| |
11| hydrochloride, mannitol, mannite, dextrose and |
| |
12| lactose, used, intended for use, or fashioned |
| |
13| specifically for use in cutting controlled dangerous |
| |
14| substances, |
| |
15| g. separation gins and sifters used, intended for use, or |
| |
16| fashioned specifically for use in removing twigs and |
| |
17| seeds from, or in otherwise cleaning or refining, |
| |
18| marijuana, |
| |
19| h. blenders, bowls, containers, spoons and mixing devices |
| |
20| used, intended for use, or fashioned specifically for |
| |
21| use in compounding controlled dangerous substances, |
| |
22| i. capsules, balloons, envelopes and other containers |
| |
23| used, intended for use, or fashioned specifically for |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 27
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1| use in packaging small quantities of controlled |
| |
2| dangerous substances, |
| |
3| j. containers and other objects used, intended for use, |
| |
4| or fashioned specifically for use in parenterally |
| |
5| injecting controlled dangerous substances into the |
| |
6| human body, |
| |
7| k. hypodermic syringes, needles and other objects used, |
| |
8| intended for use, or fashioned specifically for use in |
| |
9| parenterally injecting controlled dangerous substances |
| |
10| into the human body, |
| |
11| l. objects used, intended for use, or fashioned |
| |
12| specifically for use in ingesting, inhaling or |
| |
13| otherwise introducing marijuana, cocaine, hashish or |
| |
14| hashish oil into the human body, such as: |
| |
15| (1) metal, wooden, acrylic, glass, stone, plastic or |
| |
16| ceramic pipes with or without screens, permanent |
| |
17| screens, hashish heads or punctured metal bowls, |
| |
18| (2) water pipes, |
| |
19| (3) carburetion tubes and devices, |
| |
20| (4) smoking and carburetion masks, |
| |
21| (5) roach clips, meaning objects used to hold burning |
| |
22| material, such as a marijuana cigarette, that has |
| |
23| become too small or too short to be held in the |
| |
24| hand, |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 28
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1| (6) miniature cocaine spoons and cocaine vials, |
| |
2| (7) chamber pipes, |
| |
3| (8) carburetor pipes, |
| |
4| (9) electric pipes, |
| |
5| (10) air-driven pipes, |
| |
6| (11) chillums, |
| |
7| (12) bongs, or |
| |
8| (13) ice pipes or chillers, |
| |
9| m. all hidden or novelty pipes, and |
| |
10| n. any pipe that has a tobacco bowl or chamber of |
| |
11| less than one-half (1/2) inch in diameter in which |
| |
12| there is any detectable residue of any controlled |
| |
13| dangerous substance as defined in this section or any |
| |
14| other substances not legal for possession or use; |
| |
15|provided, however, the term drug paraphernalia shall not include |
| |
16|separation gins intended for use in preparing tea or spice, clamps |
| |
17|used for constructing electrical equipment, water pipes designed for |
| |
18|ornamentation in which no detectable amount of an illegal substance |
| |
19|is found or pipes designed and used solely for smoking tobacco, |
| |
20|traditional pipes of an American Indian tribal religious ceremony, |
| |
21|antique pipes that are thirty (30) years of age or older, or drug |
| |
22|testing strips possessed by a person for purposes of determining the |
| |
23|presence of fentanyl or a fentanyl-related compound; |
| |
24| 37. a. "Synthetic controlled substance" means a substance: |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 29
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1| (1) the chemical structure of which is substantially |
| |
2| similar to the chemical structure of a controlled |
| |
3| dangerous substance in Schedule I or II, |
| |
4| (2) which has a stimulant, depressant, or |
| |
5| hallucinogenic effect on the central nervous |
| |
6| system that is substantially similar to or |
| |
7| greater than the stimulant, depressant or |
| |
8| hallucinogenic effect on the central nervous |
| |
9| system of a controlled dangerous substance in |
| |
10| Schedule I or II, or |
| |
11| (3) with respect to a particular person, which such |
| |
12| person represents or intends to have a stimulant, |
| |
13| depressant, or hallucinogenic effect on the |
| |
14| central nervous system that is substantially |
| |
15| similar to or greater than the stimulant, |
| |
16| depressant, or hallucinogenic effect on the |
| |
17| central nervous system of a controlled dangerous |
| |
18| substance in Schedule I or II. |
| |
19| b. The designation of gamma butyrolactone or any other |
| |
20| chemical as a precursor, pursuant to Section 2-322 of |
| |
21| this title, does not preclude a finding pursuant to |
| |
22| subparagraph a of this paragraph that the chemical is |
| |
23| a synthetic controlled substance. |
| |
24| c. "Synthetic controlled substance" does not include: |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 30
___________________________________________________________________________
1| (1) a controlled dangerous substance, |
| |
2| (2) any substance for which there is an approved new |
| |
3| drug application, |
| |
4| (3) with respect to a particular person any |
| |
5| substance, if an exemption is in effect for |
| |
6| investigational use, for that person under the |
| |
7| provisions of Section 505 of the Federal Food, |
| |
8| Drug and Cosmetic Act, Title 21 of the United |
| |
9| States Code, Section 355, to the extent conduct |
| |
10| with respect to such substance is pursuant to |
| |
11| such exemption, or |
| |
12| (4) any substance to the extent not intended for |
| |
13| human consumption before such an exemption takes |
| |
14| effect with respect to that substance. |
| |
15| d. Prima facie evidence that a substance containing |
| |
16| salvia divinorum has been enhanced, concentrated or |
| |
17| chemically or physically altered shall give rise to a |
| |
18| rebuttable presumption that the substance is a |
| |
19| synthetic controlled substance; |
| |
20| 38. "Tetrahydrocannabinols" means all substances that have been |
| |
21|chemically synthesized to emulate the tetrahydrocannabinols of |
| |
22|marijuana, specifically including any tetrahydrocannabinols derived |
| |
23|from industrial hemp; |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 31
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1| 39. "Isomer" means the optical isomer, except as used in |
| |
2|subsections C and F of Section 2-204 of this title and paragraph 4 |
| |
3|of subsection A of Section 2-206 of this title. As used in |
| |
4|subsections C and F of Section 2-204 of this title, isomer means the |
| |
5|optical, positional or geometric isomer. As used in paragraph 4 of |
| |
6|subsection A of Section 2-206 of this title, the term isomer means |
| |
7|the optical or geometric isomer; |
| |
8| 40. "Hazardous materials" means materials, whether solid, |
| |
9|liquid or gas, which are toxic to human, animal, aquatic or plant |
| |
10|life, and the disposal of which materials is controlled by state or |
| |
11|federal guidelines; |
| |
12| 41. "Anhydrous ammonia" means any substance that exhibits |
| |
13|cryogenic evaporative behavior and tests positive for ammonia; |
| |
14| 42. "Acute pain" means pain, whether resulting from disease, |
| |
15|accidental or intentional trauma or other cause, that the |
| |
16|practitioner reasonably expects to last only a short period of time. |
| |
17| Acute pain does not include chronic pain, pain being treated as |
| |
18|part of cancer care, hospice or other end-of-life care, or pain |
| |
19|being treated as part of palliative care; |
| |
20| 43. "Chronic pain" means pain that persists beyond the usual |
| |
21|course of an acute disease or healing of an injury. Chronic pain |
| |
22|may or may not be associated with an acute or chronic pathologic |
| |
23|process that causes continuous or intermittent pain over months or |
| |
24|years; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 32
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1| 44. "Initial prescription" means a prescription issued to a |
| |
2|patient who: |
| |
3| a. has never previously been issued a prescription for |
| |
4| the drug or its pharmaceutical equivalent in the past |
| |
5| year, or |
| |
6| b. requires a prescription for the drug or its |
| |
7| pharmaceutical equivalent due to a surgical procedure |
| |
8| or new acute event and has previously had a |
| |
9| prescription for the drug or its pharmaceutical |
| |
10| equivalent within the past year. |
| |
11| When determining whether a patient was previously issued a |
| |
12|prescription for a drug or its pharmaceutical equivalent, the |
| |
13|practitioner shall consult with the patient and review the medical |
| |
14|record and prescription monitoring information of the patient; |
| |
15| 45. "Patient-provider agreement" means a written contract or |
| |
16|agreement that is executed between a practitioner and a patient, |
| |
17|prior to the commencement of treatment for chronic pain using an |
| |
18|opioid drug as a means to: |
| |
19| a. explain the possible risk of development of physical |
| |
20| or psychological dependence in the patient and prevent |
| |
21| the possible development of addiction, |
| |
22| b. document the understanding of both the practitioner |
| |
23| and the patient regarding the patient-provider |
| |
24| agreement of the patient, |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 33
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1| c. establish the rights of the patient in association |
| |
2| with treatment and the obligations of the patient in |
| |
3| relation to the responsible use, discontinuation of |
| |
4| use, and storage of opioid drugs, including any |
| |
5| restrictions on the refill of prescriptions or the |
| |
6| acceptance of opioid prescriptions from practitioners, |
| |
7| d. identify the specific medications and other modes of |
| |
8| treatment, including physical therapy or exercise, |
| |
9| relaxation or psychological counseling, that are |
| |
10| included as a part of the patient-provider agreement, |
| |
11| e. specify the measures the practitioner may employ to |
| |
12| monitor the compliance of the patient including, but |
| |
13| not limited to, random specimen screens and pill |
| |
14| counts, and |
| |
15| f. delineate the process for terminating the agreement, |
| |
16| including the consequences if the practitioner has |
| |
17| reason to believe that the patient is not complying |
| |
18| with the terms of the agreement. Compliance with the |
| |
19| "consent items" shall constitute a valid, informed |
| |
20| consent for opioid therapy. The practitioner shall be |
| |
21| held harmless from civil litigation for failure to |
| |
22| treat pain if the event occurs because of nonadherence |
| |
23| by the patient with any of the provisions of the |
| |
24| patient-provider agreement; |
| |
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1| 46. "Serious illness" means a medical illness or physical |
| |
2|injury or condition that substantially affects quality of life for |
| |
3|more than a short period of time. Serious illness includes, but is |
| |
4|not limited to, Alzheimer's disease or related dementias, lung |
| |
5|disease, cancer, heart failure, renal failure, liver failure or |
| |
6|chronic, unremitting or intractable pain such as neuropathic pain; |
| |
7|and |
| |
8| 47. "Surgical procedure" means a procedure that is performed |
| |
9|for the purpose of structurally altering the human body by incision |
| |
10|or destruction of tissues as part of the practice of medicine. This |
| |
11|term includes the diagnostic or therapeutic treatment of conditions |
| |
12|or disease processes by use of instruments such as lasers, |
| |
13|ultrasound, ionizing, radiation, scalpels, probes or needles that |
| |
14|cause localized alteration or transportation of live human tissue by |
| |
15|cutting, burning, vaporizing, freezing, suturing, probing or |
| |
16|manipulating by closed reduction for major dislocations or |
| |
17|fractures, or otherwise altering by any mechanical, thermal, |
| |
18|light-based, electromagnetic or chemical means. |
| |
19| SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-106.2, is |
| |
20|amended to read as follows: |
| |
21| Section 2-106.2. A. The Oklahoma State Bureau of Narcotics and |
| |
22|Dangerous Drugs Control, pursuant to rules promulgated by the |
| |
23|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
| |
24|Commission, is hereby authorized to: |
| |
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1| 1. Make available for sale used vehicles, used equipment and |
| |
2|forfeited property to any federal, state, county, or municipal |
| |
3|agency, trust authority or public school district; |
| |
4| 2. Sell at public auction any used vehicles, used equipment and |
| |
5|any property forfeited to the Bureau; and |
| |
6| 3. Donate or transfer title to any surplus property as defined |
| |
7|in Section 62.2 of Title 74 of the Oklahoma Statutes, or property |
| |
8|forfeited to the Bureau, to any law enforcement agency of any |
| |
9|political subdivision of the State of Oklahoma. The use of such |
| |
10|donated equipment shall be limited to valid and authorized law |
| |
11|enforcement efforts by the receiving agency. |
| |
12| B. Any property subject to this section shall be exempted from |
| |
13|the provisions set forth in Section 62.3 of Title 74 of the Oklahoma |
| |
14|Statutes. |
| |
15| SECTION 3. AMENDATORY 63 O.S. 2021, Section 2-204, as |
| |
16|last amended by Section 1, Chapter 120, O.S.L. 2023 (63 O.S. Supp. |
| |
17|2023, Section 2-204), is amended to read as follows: |
| |
18| Section 2-204. The controlled substances listed in this section |
| |
19|are included in Schedule I and include any material, compound, |
| |
20|mixture or preparation that contains any quantity of the following |
| |
21|hallucinogenic substances, their salts, isomers and salts of |
| |
22|isomers, unless specifically excepted, when the existence of these |
| |
23|salts, isomers and salts of isomers is possible within the specific |
| |
24|chemical designation. |
| |
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1| A. Any of the following opiates including their isomers, |
| |
2|esters, ethers, salts, and salts of isomers, esters, and ethers, |
| |
3|unless specifically excepted, when the existence of these isomers, |
| |
4|esters, ethers, and salts is possible within the specific chemical |
| |
5|designation: |
| |
6| 1. Acetylmethadol; |
| |
7| 2. Allylprodine; |
| |
8| 3. Alphacetylmethadol; |
| |
9| 4. Alphameprodine; |
| |
10| 5. Alphamethadol; |
| |
11| 6. Benzethidine; |
| |
12| 7. Betacetylmethadol; |
| |
13| 8. Betameprodine; |
| |
14| 9. Betamethadol; |
| |
15| 10. Betaprodine; |
| |
16| 11. Clonitazene; |
| |
17| 12. Dextromoramide; |
| |
18| 13. Dextrorphan (except its methyl ether); |
| |
19| 14. Diampromide; |
| |
20| 15. Diethylthiambutene; |
| |
21| 16. Dimenoxadol; |
| |
22| 17. Dimepheptanol; |
| |
23| 18. Dimethylthiambutene; |
| |
24| 19. Dioxaphetyl butyrate; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 37
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1| 20. Dipipanone; |
| |
2| 21. Ethylmethylthiambutene; |
| |
3| 22. Etonitazene; |
| |
4| 23. Etoxeridine; |
| |
5| 24. Furethidine; |
| |
6| 25. Hydroxypethidine; |
| |
7| 26. Isotonitazene; |
| |
8| 27. Ketobemidone; |
| |
9| 28. Levomoramide; |
| |
10| 29. Levophenacylmorphan; |
| |
11| 30. Metonitazene; |
| |
12| 31. Morpheridine; |
| |
13| 32. N-desethyl isotonitazene; |
| |
14| 33. N-pyrrolidino protonitazene; |
| |
15| 34. Noracymethadol; |
| |
16| 34. 35. Norlevorphanol; |
| |
17| 35. 36. Normethadone; |
| |
18| 36. 37. Norpipanone; |
| |
19| 37. 38. Phenadoxone; |
| |
20| 38. 39. Phenampromide; |
| |
21| 39. 40. Phenomorphan; |
| |
22| 40. 41. Phenoperidine; |
| |
23| 41. 42. Piritramide; |
| |
24| 42. 43. Proheptazine; |
| |
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1| 43. 44. Properidine; |
| |
2| 44. 45. Protonitazene; |
| |
3| 45. 46. Racemoramide; or |
| |
4| 46. 47. Trimeperidine. |
| |
5| B. Any of the following opium derivatives, their salts, |
| |
6|isomers, and salts of isomers, unless specifically excepted, when |
| |
7|the existence of these salts, isomers, and salts of isomers is |
| |
8|possible within the specific chemical designation: |
| |
9| 1. Acetorphine; |
| |
10| 2. Acetyldihydrocodeine; |
| |
11| 3. Benzylmorphine; |
| |
12| 4. Codeine methylbromide; |
| |
13| 5. Codeine-N-Oxide; |
| |
14| 6. Cyprenorphine; |
| |
15| 7. Desomorphine; |
| |
16| 8. Dihydromorphine; |
| |
17| 9. Etorphine; |
| |
18| 10. Heroin; |
| |
19| 11. Hydromorphinol; |
| |
20| 12. Methyldesorphine; |
| |
21| 13. Methylhydromorphine; |
| |
22| 14. Morphine methylbromide; |
| |
23| 15. Morphine methylsulfonate; |
| |
24| 16. Morphine-N-Oxide; |
| |
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1| 17. Myrophine; |
| |
2| 18. Nicocodeine; |
| |
3| 19. Nicomorphine; |
| |
4| 20. Normorphine; |
| |
5| 21. Phoclodine; |
| |
6| 22. Thebacon; |
| |
7| 23. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide |
| |
8|(Acetyl fentanyl); |
| |
9| 24. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butenamide |
| |
10|(Crotonyl fentanyl); |
| |
11| 25. |
| |
12|N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-furancarboxamide |
| |
13|(Furanyl fentanyl); |
| |
14| 26. N-phenyl-1-(2-phenylethyl)-4-piperidinamine (4-ANPP); |
| |
15| 27. |
| |
16|N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide |
| |
17|(Cyclopropyl fentanyl); or |
| |
18| 28. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide |
| |
19|(Butyrl fentanyl). |
| |
20| C. Any material, compound, mixture, or preparation which |
| |
21|contains any quantity of the following hallucinogenic substances, |
| |
22|their salts, isomers, and salts of isomers, unless specifically |
| |
23|excepted, when the existence of these salts, isomers, and salts of |
| |
24|isomers is possible within the specific chemical designation: |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 40
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1| 1. Methcathinone; |
| |
2| 2. 3, 4-methylenedioxy amphetamine; |
| |
3| 3. 3, 4-methylenedioxy methamphetamine; |
| |
4| 4. 5-methoxy-3, 4-methylenedioxy amphetamine; |
| |
5| 5. 3, 4, 5-trimethoxy amphetamine; |
| |
6| 6. Bufotenine; |
| |
7| 7. Diethyltryptamine; |
| |
8| 8. Dimethyltryptamine; |
| |
9| 9. 4-methyl-2, 5-dimethoxyamphetamine; |
| |
10| 10. Ibogaine; |
| |
11| 11. Lysergic acid diethylamide; |
| |
12| 12. Marijuana; |
| |
13| 13. Mescaline; |
| |
14| 14. N-benzylpiperazine; |
| |
15| 15. N-ethyl-3-piperidyl benzilate; |
| |
16| 16. N-methyl-3-piperidyl benzilate; |
| |
17| 17. Psilocybin; |
| |
18| 18. Psilocyn; |
| |
19| 19. 2, 5 dimethoxyamphetamine; |
| |
20| 20. 4 Bromo-2, 5-dimethoxyamphetamine; |
| |
21| 21. 4 methoxyamphetamine; |
| |
22| 22. Cyclohexamine; |
| |
23| 23. Salvia Divinorum; |
| |
24| 24. Salvinorin A; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 41
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1| 25. Thiophene Analog of Phencyclidine. Also known as: |
| |
2|1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of |
| |
3|Phencyclidine; TPCP, TCP; |
| |
4| 26. Phencyclidine (PCP); |
| |
5| 27. Pyrrolidine Analog for Phencyclidine. Also known as |
| |
6|1-(1-Phenylcyclohexyl) - Pyrrolidine, PCPy, PHP; |
| |
7| 28. 1-(3-trifluoromethylphenyl) piperazine; |
| |
8| 29. Flunitrazepam; |
| |
9| 30. B-hydroxy-amphetamine; |
| |
10| 31. B-ketoamphetamine; |
| |
11| 32. 2,5-dimethoxy-4-nitroamphetamine; |
| |
12| 33. 2,5-dimethoxy-4-bromophenethylamine; |
| |
13| 34. 2,5-dimethoxy-4-chlorophenethylamine; |
| |
14| 35. 2,5-dimethoxy-4-iodoamphetamine; |
| |
15| 36. 2,5-dimethoxy-4-iodophenethylamine; |
| |
16| 37. 2,5-dimethoxy-4-methylphenethylamine; |
| |
17| 38. 2,5-dimethoxy-4-ethylphenethylamine; |
| |
18| 39. 2,5-dimethoxy-4-fluorophenethylamine; |
| |
19| 40. 2,5-dimethoxy-4-nitrophenethylamine; |
| |
20| 41. 2,5-dimethoxy-4-ethylthio-phenethylamine; |
| |
21| 42. 2,5-dimethoxy-4-isopropylthio-phenethylamine; |
| |
22| 43. 2,5-dimethoxy-4-propylthio-phenethylamine; |
| |
23| 44. 2,5-dimethoxy-4-cyclopropylmethylthio-phenethylamine; |
| |
24| 45. 2,5-dimethoxy-4-tert-butylthio-phenethylamine; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 42
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1| 46. 2,5-dimethoxy-4-(2-fluoroethylthio)-phenethylamine; |
| |
2| 47. 5-methoxy-N, N-dimethyltryptamine; |
| |
3| 48. N-methyltryptamine; |
| |
4| 49. A-ethyltryptamine; |
| |
5| 50. A-methyltryptamine; |
| |
6| 51. N, N-diethyltryptamine; |
| |
7| 52. N, N-diisopropyltryptamine; |
| |
8| 53. N, N-dipropyltryptamine; |
| |
9| 54. 5-methoxy-a-methyltryptamine; |
| |
10| 55. 4-hydroxy-N, N-diethyltryptamine; |
| |
11| 56. 4-hydroxy-N, N-diisopropyltryptamine; |
| |
12| 57. 5-methoxy-N, N-diisopropyltryptamine; |
| |
13| 58. 4-hydroxy-N-isopropyl-N-methyltryptamine; |
| |
14| 59. 3,4-Methylenedioxymethcathinone (Methylone); |
| |
15| 60. 3,4-Methylenedioxypyrovalerone (MDPV); |
| |
16| 61. 3-Methylmethcathinone (Metaphedrone); |
| |
17| 62. 4-Methylmethcathinone (Mephedrone); |
| |
18| 62. 63. 4-methoxymethcathinone; |
| |
19| 63. 64. 4-Fluoromethcathinone; |
| |
20| 64. 65. 3-Fluoromethcathinone; |
| |
21| 65. 66. 1-(8-bromobenzo 1,2-b;4,5-b' |
| |
22|difuran-4-yl)-2-aminopropane; |
| |
23| 66. 67. 2,5-Dimethoxy-4-chloroamphetamine; |
| |
24| 67. 68. 4-Methylethcathinone; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 43
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1| 68. 69. Pyrovalerone; |
| |
2| 69. 70. N,N-diallyl-5-methoxytryptamine; |
| |
3| 70. 71. 3,4-Methylenedioxy-N-ethylcathinone (Ethylone); |
| |
4| 71. 72. B-keto-N-Methylbenzodioxolylbutanamine (Butylone); |
| |
5| 72. 73. B-keto-Methylbenzodioxolylpentanamine (Pentylone); |
| |
6| 73. 74. Alpha-Pyrrolidinopentiophenone; |
| |
7| 74. 75. 4-Fluoroamphetamine; |
| |
8| 75. 76. Pentedrone; |
| |
9| 76. 77. 4'-Methyl-a-pyrrolidinohexaphenone; |
| |
10| 77. 78. 2,5-dimethoxy-4-(n)-propylphenethylamine; |
| |
11| 78. 79. 2,5-dimethoxyphenethylamine; |
| |
12| 79. 80. 1,4-Dibenzylpiperazine; |
| |
13| 80. 81. N,N-Dimethylamphetamine; |
| |
14| 81. 82. 4-Fluoromethamphetamine; |
| |
15| 82. 83. |
| |
16|4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine |
| |
17|(25C-NBOMe); |
| |
18| 83. 84. 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine |
| |
19|(25I-NBOMe); |
| |
20| 84. 85. 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzy)phenethylamine |
| |
21|(25B-NBOMe); |
| |
22| 85. 86. 1-(4-Fluorophenyl)piperazine; |
| |
23| 86. 87. Methoxetamine; |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 44
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1| 87. 88. |
| |
2|3,4-dichloro-N[2-dimethylamino)cyclohexyl]-N-methylbenzamide; |
| |
3| 88. 89. N-ethyl hexadrone; |
| |
4| 89. 90. Isopropyl-U-47700; |
| |
5| 90. 91. Para-fluorobutyrl fentanyl; |
| |
6| 92. Para-fluorofentanyl (pFF); |
| |
7| 91. 93. Fluoro isobutryrl fentanyl; |
| |
8| 92. 94. 3-Hydroxy Phencyclidine (PCP); |
| |
9| 93. 95. 3-methoxy Phencyclidine (PCP); |
| |
10| 94. 96. Flualprazolam; or |
| |
11| 95. 97. Flubromazolam. |
| |
12| D. Unless specifically excepted or unless listed in a different |
| |
13|schedule, any material, compound, mixture, or preparation which |
| |
14|contains any quantity of the following substances having stimulant |
| |
15|or depressant effect on the central nervous system: |
| |
16| 1. Fenethylline; |
| |
17| 2. Mecloqualone; |
| |
18| 3. N-ethylamphetamine; |
| |
19| 4. Methaqualone; |
| |
20| 5. Gamma-Hydroxybutyric Acid, also known as GHB, |
| |
21|gamma-hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, |
| |
22|sodium oxybate, and sodium oxybutyrate; |
| |
23| |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 45
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1| 6. Gamma-Butyrolactone (GBL) as packaged, marketed, |
| |
2|manufactured or promoted for human consumption, with the exception |
| |
3|of legitimate food additive and manufacturing purposes; |
| |
4| 7. Gamma Hydroxyvalerate (GHV) as packaged, marketed, or |
| |
5|manufactured for human consumption, with the exception of legitimate |
| |
6|food additive and manufacturing purposes; |
| |
7| 8. Gamma Valerolactone (GVL) as packaged, marketed, or |
| |
8|manufactured for human consumption, with the exception of legitimate |
| |
9|food additive and manufacturing purposes; |
| |
10| 9. 1,4 Butanediol (1,4 BD or BDO) as packaged, marketed, |
| |
11|manufactured, or promoted for human consumption with the exception |
| |
12|of legitimate manufacturing purposes; or |
| |
13| 10. N-ethylpentylone. |
| |
14| E. 1. The following industrial uses of Gamma-Butyrolactone, |
| |
15|Gamma Hydroxyvalerate, Gamma Valerolactone, or 1,4 Butanediol are |
| |
16|excluded from all schedules of controlled substances under this |
| |
17|title: |
| |
18| a. pesticides, |
| |
19| b. photochemical etching, |
| |
20| c. electrolytes of small batteries or capacitors, |
| |
21| d. viscosity modifiers in polyurethane, |
| |
22| e. surface etching of metal coated plastics, |
| |
23| f. organic paint disbursements for water soluble inks, |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 46
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1| g. pH regulators in the dyeing of wool and polyamide |
| |
2| fibers, |
| |
3| h. foundry chemistry as a catalyst during curing, |
| |
4| i. curing agents in many coating systems based on |
| |
5| urethanes and amides, |
| |
6| j. additives and flavoring agents in food, |
| |
7| confectionary, and beverage products, |
| |
8| k. synthetic fiber and clothing production, |
| |
9| l. tetrahydrofuran production, |
| |
10| m. gamma butyrolactone production, |
| |
11| n. polybutylene terephthalate resin production, |
| |
12| o. polyester raw materials for polyurethane elastomers |
| |
13| and foams, |
| |
14| p. coating resin raw material, and |
| |
15| q. as an intermediate in the manufacture of other |
| |
16| chemicals and pharmaceuticals. |
| |
17| 2. At the request of any person, the Director of the Oklahoma |
| |
18|State Bureau of Narcotics and Dangerous Drugs Control may exempt any |
| |
19|other product containing Gamma-Butyrolactone, Gamma Hydroxyvalerate, |
| |
20|Gamma Valerolactone, or 1,4 Butanediol from being included as a |
| |
21|Schedule I controlled substance if such product is labeled, |
| |
22|marketed, manufactured and distributed for legitimate industrial use |
| |
23|in a manner that reduces or eliminates the likelihood of abuse. |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 47
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1| 3. In making a determination regarding an industrial product, |
| |
2|the Director, after notice and hearing, shall consider the |
| |
3|following: |
| |
4| a. the history and current pattern of abuse, |
| |
5| b. the name and labeling of the product, |
| |
6| c. the intended manner of distribution, advertising and |
| |
7| promotion of the product, and |
| |
8| d. other factors as may be relevant to and consistent |
| |
9| with the public health and safety. |
| |
10| 4. The hearing shall be held in accordance with the procedures |
| |
11|of the Administrative Procedures Act. |
| |
12| F. Any material, compound, mixture, or preparation, whether |
| |
13|produced directly or indirectly from a substance of vegetable origin |
| |
14|or independently by means of chemical synthesis, or by a combination |
| |
15|of extraction and chemical synthesis, that contains any quantity of |
| |
16|the following substances, or that contains any of their salts, |
| |
17|isomers, and salts of isomers when the existence of these salts, |
| |
18|isomers, and salts of isomers is possible within the specific |
| |
19|chemical designation: |
| |
20| 1. JWH-004; |
| |
21| 2. JWH-007; |
| |
22| 3. JWH-009; |
| |
23| 4. JWH-015; |
| |
24| 5. JWH-016; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 48
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1| 6. JWH-018; |
| |
2| 7. JWH-019; |
| |
3| 8. JWH-020; |
| |
4| 9. JWH-030; |
| |
5| 10. JWH-046; |
| |
6| 11. JWH-047; |
| |
7| 12. JWH-048; |
| |
8| 13. JWH-049; |
| |
9| 14. JWH-050; |
| |
10| 15. JWH-070; |
| |
11| 16. JWH-071; |
| |
12| 17. JWH-072; |
| |
13| 18. JWH-073; |
| |
14| 19. JWH-076; |
| |
15| 20. JWH-079; |
| |
16| 21. JWH-080; |
| |
17| 22. JWH-081; |
| |
18| 23. JWH-082; |
| |
19| 24. JWH-094; |
| |
20| 25. JWH-096; |
| |
21| 26. JWH-098; |
| |
22| 27. JWH-116; |
| |
23| 28. JWH-120; |
| |
24| 29. JWH-122; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 49
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1| 30. JWH-145; |
| |
2| 31. JWH-146; |
| |
3| 32. JWH-147; |
| |
4| 33. JWH-148; |
| |
5| 34. JWH-149; |
| |
6| 35. JWH-150; |
| |
7| 36. JWH-156; |
| |
8| 37. JWH-167; |
| |
9| 38. JWH-175; |
| |
10| 39. JWH-180; |
| |
11| 40. JWH-181; |
| |
12| 41. JWH-182; |
| |
13| 42. JWH-184; |
| |
14| 43. JWH-185; |
| |
15| 44. JWH-189; |
| |
16| 45. JWH-192; |
| |
17| 46. JWH-193; |
| |
18| 47. JWH-194; |
| |
19| 48. JWH-195; |
| |
20| 49. JWH-196; |
| |
21| 50. JWH-197; |
| |
22| 51. JWH-198; |
| |
23| 52. JWH-199; |
| |
24| 53. JWH-200; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 50
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1| 54. JWH-201; |
| |
2| 55. JWH-202; |
| |
3| 56. JWH-203; |
| |
4| 57. JWH-204; |
| |
5| 58. JWH-205; |
| |
6| 59. JWH-206; |
| |
7| 60. JWH-207; |
| |
8| 61. JWH-208; |
| |
9| 62. JWH-209; |
| |
10| 63. JWH-210; |
| |
11| 64. JWH-211; |
| |
12| 65. JWH-212; |
| |
13| 66. JWH-213; |
| |
14| 67. JWH-234; |
| |
15| 68. JWH-235; |
| |
16| 69. JWH-236; |
| |
17| 70. JWH-237; |
| |
18| 71. JWH-239; |
| |
19| 72. JWH-240; |
| |
20| 73. JWH-241; |
| |
21| 74. JWH-242; |
| |
22| 75. JWH-243; |
| |
23| 76. JWH-244; |
| |
24| 77. JWH-245; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 51
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1| 78. JWH-246; |
| |
2| 79. JWH-248; |
| |
3| 80. JWH-249; |
| |
4| 81. JWH-250; |
| |
5| 82. JWH-251; |
| |
6| 83. JWH-252; |
| |
7| 84. JWH-253; |
| |
8| 85. JWH-262; |
| |
9| 86. JWH-292; |
| |
10| 87. JWH-293; |
| |
11| 88. JWH-302; |
| |
12| 89. JWH-303; |
| |
13| 90. JWH-304; |
| |
14| 91. JWH-305; |
| |
15| 92. JWH-306; |
| |
16| 93. JWH-307; |
| |
17| 94. JWH-308; |
| |
18| 95. JWH-311; |
| |
19| 96. JWH-312; |
| |
20| 97. JWH-313; |
| |
21| 98. JWH-314; |
| |
22| 99. JWH-315; |
| |
23| 100. JWH-316; |
| |
24| 101. JWH-346; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 52
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1| 102. JWH-348; |
| |
2| 103. JWH-363; |
| |
3| 104. JWH-364; |
| |
4| 105. JWH-365; |
| |
5| 106. JWH-367; |
| |
6| 107. JWH-368; |
| |
7| 108. JWH-369; |
| |
8| 109. JWH-370; |
| |
9| 110. JWH-371; |
| |
10| 111. JWH-373; |
| |
11| 112. JWH-386; |
| |
12| 113. JWH-387; |
| |
13| 114. JWH-392; |
| |
14| 115. JWH-394; |
| |
15| 116. JWH-395; |
| |
16| 117. JWH-397; |
| |
17| 118. JWH-398; |
| |
18| 119. JWH-399; |
| |
19| 120. JWH-400; |
| |
20| 121. JWH-412; |
| |
21| 122. JWH-413; |
| |
22| 123. JWH-414; |
| |
23| 124. JWH-415; |
| |
24| 125. CP-55, 940; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 53
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1| 126. CP-47, 497; |
| |
2| 127. HU-210; |
| |
3| 128. HU-211; |
| |
4| 129. WIN-55, 212-2; |
| |
5| 130. AM-2201; |
| |
6| 131. AM-2233; |
| |
7| 132. JWH-018 adamantyl-carboxamide; |
| |
8| 133. AKB48; |
| |
9| 134. JWH-122 N-(4-pentenyl)analog; |
| |
10| 135. MAM2201; |
| |
11| 136. URB597; |
| |
12| 137. URB602; |
| |
13| 138. URB754; |
| |
14| 139. UR144; |
| |
15| 140. XLR11; |
| |
16| 141. A-796,260; |
| |
17| 142. STS-135; |
| |
18| 143. AB-FUBINACA; |
| |
19| 144. AB-PINACA; |
| |
20| 145. PB-22; |
| |
21| 146. AKB48 N-5-Fluorpentyl; |
| |
22| 147. AM1248; |
| |
23| 148. FUB-PB-22; |
| |
24| 149. ADB-FUBINACA; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 54
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1| 150. BB-22; |
| |
2| 151. 5-Fluoro PB-22; or |
| |
3| 152. 5-Fluoro AKB-48. |
| |
4| G. In addition to those substances listed in subsection F of |
| |
5|this section, unless specifically excepted or unless listed in |
| |
6|another schedule, any material, compound, mixture, or preparation |
| |
7|which contains any quantity of a synthetic cannabinoid found to be |
| |
8|in any of the following chemical groups: |
| |
9| 1. Naphthoylindoles: any compound containing a |
| |
10|3-(1-naphthoyl)indole structure with or without substitution at the |
| |
11|nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, |
| |
12|alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, |
| |
13|1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, |
| |
14|1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- |
| |
15|morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, |
| |
16|phenyl, or halophenyl group, whether or not further substituted on |
| |
17|the indole ring to any extent, and whether or not substituted on the |
| |
18|naphthyl ring to any extent. Naphthoylindoles include, but are not |
| |
19|limited to: |
| |
20| a. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole |
| |
21| (JWH-200), |
| |
22| b. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201), |
| |
23| c. 1-pentyl-3-(1-naphthoyl)indole (JWH-018), |
| |
24| d. 1-butyl-3-(1-naphthoyl)indole (JWH-073), |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 55
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1| e. 1-pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081), |
| |
2| f. 1-propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015), |
| |
3| g. 1-hexyl-3-(1-naphthoyl)indole (JWH-019), |
| |
4| h. 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122), |
| |
5| i. 1-pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210), |
| |
6| j. 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398), |
| |
7| k. 1-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007), |
| |
8| l. 1-pentyl-3-(7-methoxy-1-naphthoyl)indole (JWH-164), |
| |
9| m. 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole |
| |
10| (JWH-098), |
| |
11| n. 1-pentyl-3-(4-fluoro-1-naphthoyl)indole (JWH-412), |
| |
12| o. |
| |
13| 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-naphthoyl)in |
| |
14| dole (AM-1220), |
| |
15| p. 1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole |
| |
16| (MAM-2201), or |
| |
17| q. 1-(4-cyanobutyl)-3-(1-naphthoyl)indole (AM-2232); |
| |
18| 2. Naphthylmethylindoles: any compound containing a |
| |
19|1H-indol-3-yl-(1-naphthyl)methane structure with or without |
| |
20|substitution at the nitrogen atom of the indole ring by an alkyl, |
| |
21|haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
| |
22|benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
23|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
24|1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
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1|1-methylazepanyl, phenyl, or halophenyl group, whether or not |
| |
2|further substituted on the indole ring to any extent, and whether or |
| |
3|not substituted on the naphthyl ring to any extent. |
| |
4|Naphthylmethylindoles include, but are not limited to, |
| |
5|(1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175); |
| |
6| 3. Naphthoylpyrroles: any compound containing a |
| |
7|3-(1-naphthoyl)pyrrole structure with or without substitution at the |
| |
8|nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, |
| |
9|cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, |
| |
10|halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
11|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
12|1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
13|1-methylazepanyl, phenyl, or halophenyl group, whether or not |
| |
14|further substituted on the pyrrole ring to any extent, and whether |
| |
15|or not substituted on the naphthyl group to any extent. |
| |
16|Naphthoylpyrroles include, but are not limited to: |
| |
17| a. 1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147), |
| |
18| b. 1-pentyl-5-(2-methylphenyl)-3-(1-naphthoyl)pyrrole |
| |
19| (JWH-370), |
| |
20| c. 1-pentyl-3-(1-naphthoyl)pyrrole (JWH-030), or |
| |
21| d. 1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole (JWH-147); |
| |
22| 4. Naphthylideneindenes: any compound containing a |
| |
23|1-(1-naphthylmethylene)indene structure with or without substitution |
| |
24|at the 3-position of the indene ring by an alkyl, haloalkyl, |
| |
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1|cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, |
| |
2|halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
3|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
4|1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
5|1-methylazepanyl, phenyl, or halophenyl group, whether or not |
| |
6|further substituted on the indene group to any extent, and whether |
| |
7|or not substituted on the naphthyl group to any extent. |
| |
8|Naphthylmethylindenes include, but are not limited to, |
| |
9|(1-[(3-pentyl)-1H-inden-1-ylidene)methyl]naphthalene (JWH-176); |
| |
10| 5. Phenylacetylindoles: any compound containing a |
| |
11|3-phenylacetylindole structure with or without substitution at the |
| |
12|nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, |
| |
13|alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, |
| |
14|1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, |
| |
15|1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- |
| |
16|morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, |
| |
17|phenyl, or halophenyl group, whether or not further substituted on |
| |
18|the indole ring to any extent, and whether or not substituted on the |
| |
19|phenyl ring to any extent. Phenylacetylindoles include, but are not |
| |
20|limited to: |
| |
21| a. 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250), |
| |
22| b. 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole |
| |
23| (RCS-8), |
| |
24| c. 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203), |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 58
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1| d. 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251), |
| |
2| e. 1-pentyl-3-(4-methoxyphenylacetyl)indole (JWH-201), |
| |
3| or |
| |
4| f. 1-pentyl-3-(3-methoxyphenylacetyl)indole (JWH-302); |
| |
5| 6. Cyclohexylphenols: any compound containing a |
| |
6|2-(3-hydroxycyclohexyl)phenol structure with or without substitution |
| |
7|at the 5-position of the phenolic ring by an alkyl, haloalkyl, |
| |
8|cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, |
| |
9|halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
10|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
11|1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
12|1-methylazepanyl, phenyl, or halophenyl group, and whether or not |
| |
13|further substituted on the cyclohexyl ring to any extent. |
| |
14|Cyclohexylphenols include, but are not limited to: |
| |
15| a. |
| |
16| 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl] |
| |
17| -phenol (CP-47,497), |
| |
18| b. |
| |
19| 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]- |
| |
20| phenol (cannabicyclohexanol; CP-47,497 C8 homologue), |
| |
21| or |
| |
22| c. |
| |
23| 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydro |
| |
24| xypropyl)cyclohexyl]-phenol (CP 55, 940); |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 59
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1| 7. Benzoylindoles: any compound containing a 3-(benzoyl)indole |
| |
2|structure with or without substitution at the nitrogen atom of the |
| |
3|indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, |
| |
4|cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, |
| |
5|1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, |
| |
6|1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- |
| |
7|morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, |
| |
8|phenyl, or halophenyl group, whether or not further substituted on |
| |
9|the indole ring to any extent, and whether or not substituted on the |
| |
10|phenyl group to any extent. Benzoylindoles include, but are not |
| |
11|limited to: |
| |
12| a. 1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4), |
| |
13| b. |
| |
14| 1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoy |
| |
15| l)indole (Pravadoline or WIN 48, 098), |
| |
16| c. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694), |
| |
17| d. 1-pentyl-3-(2-iodobenzoyl)indole (AM-679), or |
| |
18| e. |
| |
19| 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-iodobenzoyl) |
| |
20| indole (AM-2233); |
| |
21| 8. Cyclopropoylindoles: Any compound containing a |
| |
22|3-(cyclopropoyl)indole structure with substitution at the nitrogen |
| |
23|atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, |
| |
24|cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 60
___________________________________________________________________________
1|1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, |
| |
2|1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- |
| |
3|morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl, |
| |
4|phenyl, or halophenyl group, whether or not further substituted in |
| |
5|the indole ring to any extent and whether or not substituted in the |
| |
6|cyclopropoyl ring to any extent. Cyclopropoylindoles include, but |
| |
7|are not limited to: |
| |
8| a. 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole |
| |
9| (UR-144), |
| |
10| b. |
| |
11| 1-(5-chloropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl) |
| |
12| indole (5Cl-UR-144), or |
| |
13| c. |
| |
14| 1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl) |
| |
15| indole (XLR11); |
| |
16| 9. Indole Amides: Any compound containing a |
| |
17|1H-Indole-3-carboxamide structure with or without substitution at |
| |
18|the nitrogen atom of the indole ring by an alkyl, haloalkyl, |
| |
19|cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, |
| |
20|halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
21|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
22|1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
23|1-methylazepanyl, phenyl, or halophenyl group, whether or not |
| |
24|substituted at the carboxamide group by an adamantyl, naphthyl, |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 61
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1|phenyl, benzyl, quinolinyl, cycloalkyl, |
| |
2|1-amino-3-methyl-1-oxobutan-2-yl, |
| |
3|1-amino-3,3-dimethyl-1-oxobutan-2-yl, |
| |
4|1-methoxy-3-methyl-1-oxobutan-2-yl, |
| |
5|1-methoxy-3,3-dimethyl-1-oxobutan-2-yl or pyrrole group, and whether |
| |
6|or not further substituted in the indole, adamantyl, naphthyl, |
| |
7|phenyl, pyrrole, quninolinyl, or cycloalkyl rings to any extent. |
| |
8|Indole Amides include, but are not limited to: |
| |
9| a. N-(1-adamantyl)-1-pentyl-1H-indole-3-carboxamide |
| |
10| (2NE1), |
| |
11| b. |
| |
12| N-(1-adamantyl)-1-(5-fluoropentyl-1H-indole-3-carboxam |
| |
13| ide (STS-135), |
| |
14| c. |
| |
15| N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-i |
| |
16| ndole-3-carboxamide (ADBICA), |
| |
17| d. |
| |
18| N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluorope |
| |
19| ntyl)-1H-indole-3-carboxamide (5F-ADBICA), |
| |
20| e. N-(naphthalen-1-yl)-1-pentyl-1H-indole-3-carboxamide |
| |
21| (NNE1), |
| |
22| f. |
| |
23| 1-(5-fluoropentyl)-N-(naphthalene-1-yl)-1H-indole-3-ca |
| |
24| rboxamide (5F-NNE1), |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 62
___________________________________________________________________________
1| g. N-benzyl-1-pentyl-1H-indole-3-carboxamide (SDB-006), |
| |
2| or |
| |
3| h. N-benzyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide |
| |
4| (5F-SDB-006); |
| |
5| 10. Indole Esters: Any compound containing a |
| |
6|1H-Indole-3-carboxylate structure with or without substitution at |
| |
7|the nitrogen atom of the indole ring by an alkyl, haloalkyl, |
| |
8|cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, |
| |
9|halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
10|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
11|1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
12|1-methylazepanyl, phenyl, or halophenyl group, whether or not |
| |
13|substituted at the carboxylate group by an adamantyl, naphthyl, |
| |
14|phenyl, benzyl, quinolinyl, cycloalkyl, |
| |
15|1-amino-3-methyl-1-oxobutan-2-yl, |
| |
16|1-amino-3,3-dimethyl-1-oxobutan-2-yl, |
| |
17|1-methoxy-3-methyl-1-oxobutan-2-yl, |
| |
18|1-methoxy-3,3-dimethyl-1-oxobutan-2-yl or pyrrole group, and whether |
| |
19|or not further substituted in the indole, adamantyl, naphthyl, |
| |
20|phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent. |
| |
21|Indole Esters include, but are not limited to: |
| |
22| a. quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate |
| |
23| (PB-22), |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 63
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1| b. quinolin-8-yl |
| |
2| 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5F-PB-22), |
| |
3| c. quinolin-8-yl |
| |
4| 1-(cyclohexylmethyl)-1H-indole-3-carboxylate (BB-22), |
| |
5| d. naphthalen-1-yl |
| |
6| 1-(4-fluorobenzyl)-1H-indole-3-carboxylate |
| |
7| (FDU-PB-22), or |
| |
8| e. naphthalen-1-yl |
| |
9| 1-(5-fluoropentyl)-1H-indole-3-carboxylate (NM2201); |
| |
10| 11. Adamantanoylindoles: Any compound containing an |
| |
11|adamantanyl-(1H-indol-3-yl)methanone structure with or without |
| |
12|substitution at the nitrogen atom of the indole ring by an alkyl, |
| |
13|haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
| |
14|benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
15|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
16|1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
17|1-methylazepanyl, phenyl, or halophenyl group, whether or not |
| |
18|further substituted in the indole ring to any extent and whether or |
| |
19|not substituted in the adamantyl ring to any extent. |
| |
20|Adamantanoylindoles include, but are not limited to: |
| |
21| a. |
| |
22| adamantan-1-yl[1-[(1-methyl-2-piperidinyl)methyl]-1H-i |
| |
23| ndol-3-yl]methanone (AM1248), or |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 64
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1| b. adamantan-1-yl-(1-pentyl-1H-indol-3-yl)methanone |
| |
2| (AB-001); |
| |
3| 12. Carbazole Ketone: Any compound containing |
| |
4|(9H-carbazole-3-yl) methanone structure with or without substitution |
| |
5|at the nitrogen atom of the carbazole ring by an alkyl, haloalkyl, |
| |
6|cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, |
| |
7|halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, |
| |
8|2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, |
| |
9|1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, |
| |
10|1-methylazepanyl, phenyl, or halophenyl group, with substitution at |
| |
11|the carbon of the methanone group by an adamantyl, naphthyl, phenyl, |
| |
12|benzyl, quinolinyl, cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, |
| |
13|1-amino-3,3-dimethyl-1-oxobutan-2-yl, |
| |
14|1-methoxy-3-methyl-1-oxobutan-2-yl, |
| |
15|1-methoxy-3,3-dimethyl-1-oxobutan-2-yl or pyrrole group, and whether |
| |
16|or not further substituted at the carbazole, adamantyl, naphthyl, |
| |
17|phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent. |
| |
18|Carbazole Ketones include, but are not limited to, |
| |
19|naphthalen-1-yl(9-pentyl-9H-carbazol-3-yl)methanone (EG-018); |
| |
20| 13. Benzimidazole Ketone: Any compound containing |
| |
21|(benzimidazole-2-yl) methanone structure with or without |
| |
22|substitution at either nitrogen atom of the benzimidazole ring by an |
| |
23|alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, |
| |
24|cycloalkylethyl, benzyl, halobenzyl, |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 65
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1|1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, |
| |
2|1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, |
| |
3|(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or |
| |
4|halophenyl group, with substitution at the carbon of the methanone |
| |
5|group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl, |
| |
6|cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, |
| |
7|1-amino-3,3-dimethyl-1-oxobutan-2-yl, |
| |
8|1-methoxy-3-methyl-1-oxobutan-2-yl, |
| |
9|1-methoxy-3,3-dimethyl-1-oxobutan-2-yl or pyrrole group, and whether |
| |
10|or not further substituted in the benzimidazole, adamantyl, |
| |
11|naphthyl, phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any |
| |
12|extent. Benzimidazole Ketones include, but are not limited to: |
| |
13| a. |
| |
14| naphthalen-1-yl(1-pentyl-1H-benzo[d]imidazol-2-l)metha |
| |
15| none (JWH-018 benzimidazole analog), or |
| |
16| b. |
| |
17| (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthal |
| |
18| en-1-yl)methanone (FUBIMINA); and |
| |
19| 14. Modified by Replacement: any compound defined in this |
| |
20|subsection that is modified by replacement of a carbon with nitrogen |
| |
21|in the indole, naphthyl, indene, benzimidazole, or carbazole ring. |
| |
22| H. Any prescription drug approved by the federal Food and Drug |
| |
23|Administration under the provisions of Section 505 of the Federal |
| |
24|Food, Drug and Cosmetic Act, Title 21 of the United States Code, |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 66
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1|Section 355, that is designated, rescheduled or deleted as a |
| |
2|controlled substance under federal law by the United States Drug |
| |
3|Enforcement Administration shall be excluded from Schedule I and |
| |
4|shall be prescribed, distributed, dispensed or used in accordance |
| |
5|with federal law upon the issuance of a notice, final rule or |
| |
6|interim final rule by the United States Drug Enforcement |
| |
7|Administration designating, rescheduling or deleting as a controlled |
| |
8|substance such a drug product under federal law, unless and until |
| |
9|the State Board of Pharmacy takes action pursuant to Section 2-201 |
| |
10|of this title. If the Board of Pharmacy does not take action |
| |
11|pursuant to Section 2-201 of this title, the drug product shall be |
| |
12|deemed to be designated, rescheduled or deleted as a controlled |
| |
13|substance in accordance with federal law and in compliance with the |
| |
14|Uniform Controlled Dangerous Substances Act. |
| |
15| SECTION 4. AMENDATORY 63 O.S. 2021, Section 2-304, as |
| |
16|last amended by Section 3, Chapter 375, O.S.L. 2023 (63 O.S. Supp. |
| |
17|2023, Section 2-304), is amended to read as follows: |
| |
18| Section 2-304. A. A registration, pursuant to Section 2-303 of |
| |
19|this title, to manufacture, distribute, dispense, prescribe, |
| |
20|administer or use for scientific purposes a controlled dangerous |
| |
21|substance shall be limited, conditioned, denied, suspended, |
| |
22|annulled, or revoked by the Director of the Oklahoma State Bureau of |
| |
23|Narcotics and Dangerous Drugs Control upon a finding that the |
| |
24|registrant or applicant: |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 67
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1| 1. Has materially falsified any application filed pursuant to |
| |
2|the Uniform Controlled Dangerous Substances Act or required by the |
| |
3|Uniform Controlled Dangerous Substances Act. It shall be unlawful |
| |
4|to knowingly and willfully or intentionally: |
| |
5| a. make false statements, include false data or omit |
| |
6| material information on an application for a |
| |
7| registration with the Oklahoma State Bureau of |
| |
8| Narcotics and Dangerous Drugs Control, or |
| |
9| b. provide false data or omit material information in |
| |
10| any records or reports required by rule or law to be |
| |
11| created, maintained or submitted to the Bureau. |
| |
12|Any registrant or applicant for a registration or any official, |
| |
13|agent or employee of any registrant or applicant for a registration |
| |
14|who violates the provisions of this paragraph shall be guilty of a |
| |
15|misdemeanor and additionally subject to administrative action; |
| |
16| 2. Has been found guilty of, entered a plea of guilty or |
| |
17|entered a plea of nolo contendere to a misdemeanor relating to any |
| |
18|substance defined herein as a controlled dangerous substance or any |
| |
19|felony under the laws of any state or the United States; |
| |
20| 3. Has had his or her federal registration retired, suspended |
| |
21|or revoked by a competent federal authority and is no longer |
| |
22|authorized by federal law to manufacture, distribute, dispense, |
| |
23|prescribe, administer or use for scientific purposes controlled |
| |
24|dangerous substances; |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 68
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1| 4. Has failed to maintain effective controls against the |
| |
2|diversion of controlled dangerous substances to unauthorized persons |
| |
3|or entities; |
| |
4| 5. Has prescribed, dispensed or administered a controlled |
| |
5|dangerous substance from schedules other than those specified in his |
| |
6|or her state or federal registration; |
| |
7| 6. Has had a restriction, suspension, revocation, limitation, |
| |
8|condition or probation placed on his or her professional license or |
| |
9|certificate or practice as a result of a proceeding pursuant to the |
| |
10|general statutes; |
| |
11| 7. Is abusing or, within the past five (5) years, has abused or |
| |
12|excessively used drugs or controlled dangerous substances; |
| |
13| 8. Has prescribed, sold, administered or ordered any controlled |
| |
14|dangerous substance for an immediate family member, himself or |
| |
15|herself; provided that this shall not apply to a medical emergency |
| |
16|when no other doctor is available to respond to the emergency; |
| |
17| 9. Has possessed, used, prescribed, dispensed or administered |
| |
18|drugs or controlled dangerous substances for other than legitimate |
| |
19|medical or scientific purposes or for purposes outside the normal |
| |
20|course of his or her professional practice; |
| |
21| 10. Has been under the influence of alcohol or another |
| |
22|intoxicating substance which adversely affected the central nervous |
| |
23|system, vision, hearing or other sensory or motor functioning to |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 69
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1|such degree the person was impaired during the performance of his or |
| |
2|her job; or |
| |
3| 11. Has violated any federal law relating to any controlled |
| |
4|dangerous substances, any provision of the Uniform Controlled |
| |
5|Dangerous Substances Act or any rules of the Oklahoma State Bureau |
| |
6|of Narcotics and Dangerous Drugs Control. |
| |
7| B. In the event the Director suspends or revokes a registration |
| |
8|granted under Section 2-303 of this title, all controlled dangerous |
| |
9|substances owned or possessed by the registrant pursuant to such |
| |
10|registration at the time of revocation or suspension or the |
| |
11|effective date of the revocation order, as the case may be, may in |
| |
12|the discretion of the Director be impounded and preserved. All |
| |
13|controlled dangerous substances not impounded or preserved by the |
| |
14|Director shall be maintained by the registrant. No Upon issuance of |
| |
15|a revocation order, no disposition, purchase, distribution, sale, or |
| |
16|transfer may be made of controlled dangerous substances until the |
| |
17|time for taking an appeal has elapsed or until all appeals have been |
| |
18|concluded unless a court, upon application therefor, orders the sale |
| |
19|of perishable substances and the deposit of the proceeds of the sale |
| |
20|with the court to be distributed to the prevailing party. Upon a |
| |
21|revocation order becoming final, all such controlled dangerous |
| |
22|substances shall be forfeited to the state or otherwise considered |
| |
23|waste and submitted to a licensed waste disposal service for |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 70
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1|destruction pursuant to Section 430 of this title in accordance with |
| |
2|applicable law and by order of the Director. |
| |
3| C. The Drug Enforcement Administration shall promptly be |
| |
4|notified of all orders suspending or revoking registration and all |
| |
5|forfeitures of controlled dangerous substances. |
| |
6| SECTION 5. AMENDATORY 63 O.S. 2021, Section 2-305, as |
| |
7|last amended by Section 4, Chapter 375, O.S.L. 2023 (63 O.S. Supp. |
| |
8|2023, Section 2-305), is amended to read as follows: |
| |
9| Section 2-305. A. In addition to any other remedies provided |
| |
10|for by law, the Director shall issue a written order to be served on |
| |
11|the parties before annulling, conditioning, suspending or revoking |
| |
12|any registration that the Director has reason to believe is |
| |
13|operating inconsistent with any provision of Section 2-303 of this |
| |
14|title, pursuant to Section 2-304 of this title or otherwise where |
| |
15|there has been a violation of any federal law, any rule or |
| |
16|regulation of the Drug Enforcement Administration, any provision of |
| |
17|the Uniform Controlled Dangerous Substances Act, or any rules or |
| |
18|regulations of the Oklahoma State Bureau of Narcotics and Dangerous |
| |
19|Drugs Control. |
| |
20| B. The written order shall state with specificity the nature of |
| |
21|the violation or basis for the action. The Director may impose any |
| |
22|disciplinary action authorized by the Uniform Controlled Dangerous |
| |
23|Substances Act or rules of the Oklahoma State Bureau of Narcotics |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 71
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1|and Dangerous Drugs Control including, but not limited to, the |
| |
2|assessment of monetary penalties. |
| |
3| C. Any written order issued pursuant to the provisions of this |
| |
4|section shall become a final order unless the registrant requests an |
| |
5|administrative hearing in accordance with the rules and regulations |
| |
6|promulgated by the Director within thirty (30) days of issuance. |
| |
7|Upon such request, the Director shall promptly initiate |
| |
8|administrative proceedings and serve formal notice of the |
| |
9|proceedings pursuant to Section 309 of Title 75 of the Oklahoma |
| |
10|Statutes. Nothing in this section shall be construed so as to |
| |
11|require an individual proceeding for the denial of a new application |
| |
12|for registration. |
| |
13| D. The Director may authorize the Deputy Director or the |
| |
14|General Counsel of the Oklahoma State Bureau of Narcotics and |
| |
15|Dangerous Drugs Control to initiate any individual proceedings under |
| |
16|this title. Nothing in this section shall be construed so as to |
| |
17|delegate the authority of the Director to issue a final agency order |
| |
18|of an individual proceeding adverse to a party. If a party fails to |
| |
19|request an administrative hearing in a timely manner, the written |
| |
20|order as issued shall be deemed adopted by the Director as the final |
| |
21|agency order concerning the matter without further action by the |
| |
22|Director. |
| |
23| E. All proceedings shall be conducted in accordance with the |
| |
24|Administrative Procedures Act and the rules and regulations of the |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 72
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1|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
| |
2|without regard to any criminal prosecution or other proceeding. |
| |
3| 1. Proceedings to refuse renewal, revoke, or suspend a |
| |
4|registration shall not abate the existing registration which shall |
| |
5|remain in effect pending the outcome of those administrative |
| |
6|proceedings; provided, the registrant submits timely and sufficient |
| |
7|renewal applications annually. This abatement shall not apply when |
| |
8|the Director finds there is an imminent danger to the public health |
| |
9|or safety requiring an immediate suspension. |
| |
10| 2. The Director may delegate to an administrative hearing |
| |
11|officer the authority to conduct hearings and recommend action for |
| |
12|final agency orders in accordance with the rules and regulations of |
| |
13|the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. |
| |
14| F. The Director may issue an order immediately suspending a |
| |
15|registration, without notice or a hearing, when he or she finds |
| |
16|there is imminent danger to the public health or safety which |
| |
17|warrants this action. The suspension shall continue in effect until |
| |
18|the conclusion of any administrative proceedings, including judicial |
| |
19|review thereof, unless sooner withdrawn by the Director or dissolved |
| |
20|by a court of competent jurisdiction. The order shall state the |
| |
21|existence of an emergency requiring action be taken that the |
| |
22|Director deems necessary to meet the emergency. Such action may |
| |
23|include, but is not limited to, ordering the registrant to |
| |
24|immediately cease and desist operations. The order shall be |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 73
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1|effective immediately upon issuance. Any person to whom the order |
| |
2|is directed shall comply immediately with the provisions of the |
| |
3|order. The Director may assess a penalty not to exceed Ten Thousand |
| |
4|Dollars ($10,000.00) per day of noncompliance with the order. In |
| |
5|assessing such a penalty, the Director shall consider the |
| |
6|seriousness of the violation and any efforts to comply with |
| |
7|applicable requirements. Upon application to the Director, the |
| |
8|registrant shall be offered a hearing within thirty (30) days of the |
| |
9|issuance of the order. |
| |
10| G. In lieu of or in addition to any other remedies available to |
| |
11|the Director, if a finding is made that a registrant has committed |
| |
12|any act in violation of federal law relating to any controlled |
| |
13|substance, any provision of the Uniform Controlled Dangerous |
| |
14|Substances Act or any rules of the Oklahoma State Bureau of |
| |
15|Narcotics and Dangerous Drugs Control, the Director is hereby |
| |
16|authorized to assess an administrative penalty not to exceed Five |
| |
17|Thousand Dollars ($5,000.00) per day for each such act. The |
| |
18|provisions of this subsection shall not apply to violations of |
| |
19|subsection G of Section 2-309D of this title. Nothing in this |
| |
20|section shall be construed so as to permit the Director of the |
| |
21|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to |
| |
22|assess administrative fines for violations of the provisions of |
| |
23|subsection G of Section 2-309D of this title. |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 74
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1| H. If a judge of competent jurisdiction finds probable cause |
| |
2|that a registrant has possessed, transferred, sold, or offered for |
| |
3|sale any controlled dangerous substance in violation of this act, |
| |
4|all controlled dangerous substances in Schedule I of Section 2-204 |
| |
5|of this title and all controlled dangerous substances in Schedules |
| |
6|II, III, IV, and V that are not in properly labeled containers in |
| |
7|accordance with this act then in the possession of the registrant |
| |
8|shall be deemed contraband and shall be seized and summarily |
| |
9|forfeited pursuant to Section 2-505 of this title. Samples shall be |
| |
10|retained of all controlled dangerous substances seized in accordance |
| |
11|with Section 2-508 of this title as required. The Director is |
| |
12|authorized to assess an eradication or destruction fine not to |
| |
13|exceed Fifty Thousand Dollars ($50,000.00) against the registrant. |
| |
14| H. I. Upon an annulment, revocation, or denial of a |
| |
15|registration the Director may prohibit the registrant or applicant |
| |
16|from reapplying for registration for a period up to five (5) years |
| |
17|following the date of the final order. The length of any |
| |
18|prohibition shall not be used as grounds to contest the validity of |
| |
19|the annulment, revocation, or denial of a registration. |
| |
20| SECTION 6. AMENDATORY 63 O.S. 2021, Section 2-309, as |
| |
21|amended by Section 2, Chapter 304, O.S.L. 2023 (63 O.S. Supp. 2023, |
| |
22|Section 2-309), is amended to read as follows: |
| |
23| Section 2-309. A. 1. Except for dosages medically required |
| |
24|for a period not to exceed forty-eight (48) hours which are |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 75
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1|administered by or on direction of a practitioner, other than a |
| |
2|pharmacist, or medication dispensed directly by a practitioner, |
| |
3|other than a pharmacist, to an ultimate user, no controlled |
| |
4|dangerous substance included in Schedule II, which is a prescription |
| |
5|drug as determined under regulation promulgated by the Board of |
| |
6|Pharmacy, shall be dispensed without an electronic prescription of a |
| |
7|practitioner; provided, that in emergency situations, as prescribed |
| |
8|by the Board of Pharmacy by regulation, such drug may be dispensed |
| |
9|upon oral prescription reduced promptly to writing and filed by the |
| |
10|pharmacist in a manner to be prescribed by rules and regulations of |
| |
11|the Director of the Oklahoma State Bureau of Narcotics and Dangerous |
| |
12|Drugs Control. |
| |
13| 2. Electronic prescribing shall be utilized for Schedules II, |
| |
14|III, IV and V, subject to the requirements set forth in 21 CFR, |
| |
15|Section 1311 et seq. |
| |
16| 3. An electronic prescription with electronic signature may |
| |
17|serve as an original prescription, subject to the requirements set |
| |
18|forth in 21 CFR, Section 1311 et seq. |
| |
19| 4. Prescriptions shall be retained in conformity with the |
| |
20|requirements of this section and Section 2-307 of this title. No |
| |
21|prescription for a Schedule II substance may be refilled. |
| |
22| 5. The electronic prescription requirement provided for in this |
| |
23|section shall not apply to prescriptions for controlled dangerous |
| |
24|substances issued by any of the following: |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 76
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1| a. a person licensed to practice veterinary medicine, |
| |
2| b. a practitioner who experiences temporary |
| |
3| technological or electrical failure or other |
| |
4| extenuating circumstance that prevents the |
| |
5| prescription from being transmitted electronically; |
| |
6| provided, however, that the practitioner documents the |
| |
7| reason for this exception in the medical record of the |
| |
8| patient, |
| |
9| c. a practitioner, other than a pharmacist, who |
| |
10| dispenses directly to an ultimate user, |
| |
11| d. a practitioner who orders a controlled dangerous |
| |
12| substance to be administered through an on-site |
| |
13| pharmacy in: |
| |
14| (1) a hospital as defined in Section 1-701 of this |
| |
15| title, |
| |
16| (2) a nursing facility as defined in Section 1-1902 |
| |
17| of this title, |
| |
18| (3) a hospice inpatient facility as defined in |
| |
19| Section 1-860.2 of this title, |
| |
20| (4) an outpatient dialysis facility, |
| |
21| (5) a continuum of care facility as defined in |
| |
22| Section 1-890.2 of this title, or |
| |
23| (6) a penal institution listed in Section 509 of |
| |
24| Title 57 of the Oklahoma Statutes, |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 77
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1| e. a practitioner who orders a controlled dangerous |
| |
2| substance to be administered through a hospice program |
| |
3| including but not limited to a hospice program that |
| |
4| provides hospice services in the private residence of |
| |
5| a patient or in a long-term care facility where the |
| |
6| patient resides. As used in this subparagraph, |
| |
7| "hospice program" has the same meaning as provided by |
| |
8| Section 1-860.2 of this title, |
| |
9| f. a practitioner who writes a prescription to be |
| |
10| dispensed by a pharmacy located on federal property, |
| |
11| provided the practitioner documents the reason for |
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12| this exception in the medical record of the patient, |
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13| or |
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14| g. a practitioner that has received a waiver or |
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15| extension from his or her licensing board, |
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16| h. a practitioner who prescribes a controlled dangerous |
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17| substance for a supply that when taken as prescribed |
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18| would be consumed within seventy-two (72) hours, or |
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19| i. a practitioner who determines that an electronic |
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20| prescription cannot be issued in a timely manner and |
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21| the condition of the patient is at risk. |
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22| 6. Electronic prescriptions shall not may be utilized under the |
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23|following circumstances: |
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24| |
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1| a. compound compounded prescriptions containing two or |
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2| more commercially available products or two or more |
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3| active pharmaceutical ingredients, |
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4| b. compounded infusion prescriptions containing two or |
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5| more commercially available products or two or more |
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6| active pharmaceutical ingredients, or |
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7| c. prescriptions issued under approved research |
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8| protocols, or |
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9| d. if the practitioner determines that an electronic |
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10| prescription cannot be issued in a timely manner and |
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11| the condition of the patient is at risk. |
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12| 7. A pharmacist who receives a written, oral or facsimile |
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13|prescription shall not be required to verify that the prescription |
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14|falls under one of the exceptions provided for in paragraph 6 of |
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15|this subsection. Pharmacists may continue to dispense medications |
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16|from otherwise valid written, oral or facsimile prescriptions that |
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17|are consistent with the provisions of this section. |
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18| 8. Practitioners shall indicate in the health record of a |
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19|patient that an exception to the electronic prescription requirement |
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20|was utilized. |
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21| 9. All prescriptions issued pursuant to paragraphs paragraph 5 |
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22|and subparagraph c of paragraph 6 of this subsection shall be issued |
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23|on an official prescription form provided approved by the Oklahoma |
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24| |
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1|State Bureau of Narcotics and Dangerous Drugs Control if not issued |
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2|electronically. |
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3| 10. a. Effective January 1, 2020, practitioners |
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4| Practitioners shall register be registered with the |
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5| Oklahoma State Bureau of Narcotics and Dangerous Drugs |
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6| Control in order to be issued purchase official |
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7| prescription forms. Such registration shall include, |
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8| but not be limited to, the primary address and the |
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9| address of each place of business to be imprinted on |
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10| official prescription forms. Any change to a |
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11| registered practitioner's registered address shall be |
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12| promptly reported to the practitioner's licensing |
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13| board and the Bureau by the practitioner in a manner |
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14| approved by the Bureau. |
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15| b. A practitioner's registration shall be without fee |
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16| and subject to approval by the Bureau. Such |
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17| registration shall be valid for a period of two (2) |
| |
18| years and may be denied, suspended or revoked by the |
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19| Bureau upon a finding by the Bureau or licensing board |
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20| that the registered practitioner has had any license |
| |
21| to practice a medical profession revoked or suspended |
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22| by any state or federal agency. |
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23| c. Where the Bureau has revoked the registration of a |
| |
24| registered practitioner, the Bureau may revoke or |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 80
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1| cancel any official prescription forms in the |
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2| possession of the registered practitioner. Any |
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3| revocation or any suspension shall require the |
| |
4| registered practitioner to return all unused official |
| |
5| prescription forms to the Bureau within fifteen (15) |
| |
6| calendar days after the date of the written |
| |
7| notification. |
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8| d. |
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9| c. A practitioner that has had any license to practice |
| |
10| terminated, revoked or suspended by a state or federal |
| |
11| agency may, upon restoration of such license or |
| |
12| certificate, register to be issued official |
| |
13| prescription forms with the Bureau. |
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14| 11. a. Except as provided in subparagraph f of this |
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15| paragraph, the Bureau shall issue official Official |
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16| prescription forms free of charge only to registered |
| |
17| practitioners in this state. Such forms shall not be |
| |
18| transferable. The number of official prescription |
| |
19| forms issued to a registered shall be purchased at the |
| |
20| expense of the practitioner at any time shall be at |
| |
21| the discretion of or the employer of the practitioner |
| |
22| from a list of vendors approved by the Bureau. |
| |
23| b. Official prescription forms issued to a registered |
| |
24| practitioner shall be imprinted only with the primary |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 81
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1| address and may include other addresses listed on the |
| |
2| registration of the practitioner to identify the place |
| |
3| of origin. Such prescriptions shall be sent only to |
| |
4| the primary address of the registered practitioner. |
| |
5| c. Official prescription forms issued to of a registered |
| |
6| practitioner shall be used only by the practitioner to |
| |
7| whom they are issued designated on the official |
| |
8| prescription form. |
| |
9| d. The Bureau may revoke or cancel official prescription |
| |
10| forms in possession of registered practitioners when |
| |
11| the license of such practitioner is suspended, |
| |
12| terminated or revoked. |
| |
13| e. Official prescription forms of registered |
| |
14| practitioners who are deceased or who no longer |
| |
15| prescribe shall be returned to the Bureau at a |
| |
16| designated address. If the registered practitioner is |
| |
17| deceased, it is the responsibility of the registered |
| |
18| practitioner's estate or lawful designee to return |
| |
19| such forms. |
| |
20| f. The Bureau may issue official prescription forms to |
| |
21| employees or agents of the Bureau and other government |
| |
22| agencies for the purpose of preventing, identifying, |
| |
23| investigating and prosecuting unacceptable or illegal |
| |
24| practices by providers and other persons and assisting |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 82
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1| in the recovery of overpayments under any program |
| |
2| operated by the state or paid for with state funds. |
| |
3| Such prescription forms shall be issued for this |
| |
4| purpose only to individuals who are authorized to |
| |
5| conduct investigations on behalf of the Bureau or |
| |
6| other government agencies as part of their official |
| |
7| duties. Individuals and agencies receiving such |
| |
8| prescription forms for this purpose shall provide |
| |
9| appropriate assurances to the Bureau that adequate |
| |
10| safeguards and security measures are in place to |
| |
11| prevent the use of such prescription forms for |
| |
12| anything other than official government purposes. |
| |
13| 12. a. Adequate safeguards and security measures shall be |
| |
14| undertaken by registered practitioners holding |
| |
15| official prescription forms to assure against the |
| |
16| loss, destruction, theft or unauthorized use of the |
| |
17| forms. Registered practitioners shall maintain a |
| |
18| sufficient but not excessive supply of such forms in |
| |
19| reserve. |
| |
20| b. Registered practitioners shall immediately notify the |
| |
21| Bureau, in a manner designated by the Bureau, upon |
| |
22| their knowledge of the loss, destruction, theft or |
| |
23| unauthorized use of any official prescription forms |
| |
24| issued to them, as well as the failure to receive |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 83
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1| official prescription forms within a reasonable time |
| |
2| after ordering them from the Bureau. |
| |
3| c. Registered practitioners shall immediately notify the |
| |
4| Bureau upon their knowledge of any diversion or |
| |
5| suspected diversion of drugs pursuant to the loss, |
| |
6| theft or unauthorized use of prescriptions. |
| |
7| B. 1. Except for dosages medically required for a period not |
| |
8|to exceed seventy-two (72) hours which are administered by or on |
| |
9|direction of a practitioner, other than a pharmacist, or medication |
| |
10|dispensed directly by a practitioner, other than a pharmacist, to an |
| |
11|ultimate user, or the circumstances provided for in paragraphs 5 and |
| |
12|6 of subsection A of this section, no controlled dangerous substance |
| |
13|included in Schedule III or IV, which is a prescription drug as |
| |
14|determined under regulation promulgated by the Board of Pharmacy, |
| |
15|shall be dispensed without an electronic prescription. |
| |
16| 2. Any prescription for a controlled dangerous substance in |
| |
17|Schedule III, IV or V may not be filled or refilled more than six |
| |
18|(6) months after the date thereof or be refilled more than five |
| |
19|times after the date of the prescription, unless renewed by the |
| |
20|practitioner. |
| |
21| C. Whenever it appears to the Director of the Oklahoma State |
| |
22|Bureau of Narcotics and Dangerous Drugs Control that a drug not |
| |
23|considered to be a prescription drug under existing state law or |
| |
24|regulation of the Board of Pharmacy should be so considered because |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 84
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1|of its abuse potential, the Director shall so advise the Board of |
| |
2|Pharmacy and furnish to the Board all available data relevant |
| |
3|thereto. |
| |
4| D. 1. "Prescription", as used in this section, means a |
| |
5|written, oral or electronic order by a practitioner to a pharmacist |
| |
6|for a controlled dangerous substance for a particular patient, which |
| |
7|specifies the date of its issue, and the full name and address of |
| |
8|the patient and, if the controlled dangerous substance is prescribed |
| |
9|for an animal, the species of the animal, the name and quantity of |
| |
10|the controlled dangerous substance prescribed, the directions for |
| |
11|use, the name and address of the owner of the animal and, if |
| |
12|written, the signature of the practitioner. When electronically |
| |
13|prescribed, the full name of the patient may include the name and |
| |
14|species of the animal. |
| |
15| 2. "Registered practitioner", as used in this section, means a |
| |
16|licensed practitioner duly registered with the Oklahoma State Bureau |
| |
17|of Narcotics and Dangerous Drugs Control authorized to be issued |
| |
18|purchase official prescription forms. |
| |
19| E. No person shall solicit, dispense, receive or deliver any |
| |
20|controlled dangerous substance through the mail, unless the ultimate |
| |
21|user is personally known to the practitioner and circumstances |
| |
22|clearly indicate such method of delivery is in the best interest of |
| |
23|the health and welfare of the ultimate user. |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 85
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1| SECTION 7. AMENDATORY 63 O.S. 2021, Section 2-406, as |
| |
2|amended by Section 2, Chapter 235, O.S.L. 2023 (63 O.S. Supp. 2023, |
| |
3|Section 2-406), is amended to read as follows: |
| |
4| Section 2-406. A. It shall be unlawful for any registrant or |
| |
5|person applying for registration to knowingly or intentionally: |
| |
6| 1. To distribute Distribute, other than by dispensing or as |
| |
7|otherwise authorized by the Uniform Controlled Dangerous Substances |
| |
8|Act, a controlled dangerous substance classified in Schedules I or |
| |
9|II, in the course of his or her legitimate business, except pursuant |
| |
10|to an order form as required by Section 2-308 of this title; |
| |
11| 2. To use Use in the course of the manufacture or distribution |
| |
12|of a controlled dangerous substance a registration number which is |
| |
13|fictitious, revoked, suspended or issued to another person; |
| |
14| 3. To acquire Acquire or obtain possession of a controlled |
| |
15|dangerous substance by misrepresentation, fraud, forgery, deception |
| |
16|or subterfuge; |
| |
17| 4. To furnish Furnish false or fraudulent material information |
| |
18|in, or omit any material information from, any application, report, |
| |
19|or other document required to be kept or filed under the Uniform |
| |
20|Controlled Dangerous Substances Act, or any record required to be |
| |
21|kept by the Uniform Controlled Dangerous Substances Act; |
| |
22| 5. To make Make, distribute, or possess any punch, die, plate, |
| |
23|stone, or other thing designed to print, imprint, or reproduce the |
| |
24|trademark, trade name, or other identifying mark, imprint, or device |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 86
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1|of another or any likeness of any of the foregoing upon any drug or |
| |
2|container or labeling thereof so as to render such drug a |
| |
3|counterfeit controlled dangerous substance; and |
| |
4| 6. To purchase Purchase, or attempt, endeavor, or conspire to |
| |
5|obtain or purchase, any license or registration required to |
| |
6|distribute, possess, prescribe, or manufacture any controlled |
| |
7|dangerous substance on behalf of, or at the request or demand of, |
| |
8|any other person through the use of a straw person or straw party. |
| |
9| B. Any person who violates this section is guilty of a felony |
| |
10|punishable by imprisonment for not more than twenty (20) years or a |
| |
11|fine not more than Two Hundred Fifty Thousand Dollars ($250,000.00), |
| |
12|or both. |
| |
13| C. Any person convicted of a second or subsequent violation of |
| |
14|this section is punishable by a term of imprisonment twice that |
| |
15|otherwise authorized and by twice the fine otherwise authorized. |
| |
16|Convictions for second or subsequent violations of this section |
| |
17|shall not be subject to statutory provisions for suspended |
| |
18|sentences, deferred sentences, or probation. |
| |
19| D. Any person convicted of any offense described in this |
| |
20|section shall, in addition to any fine imposed, pay a special |
| |
21|assessment trauma-care fee of One Hundred Dollars ($100.00) to be |
| |
22|deposited into the Trauma Care Assistance Revolving Fund created in |
| |
23|Section 1-2530.9 of this title. |
| |
24| |
| |
arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 87
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1| SECTION 8. REPEALER 63 O.S. 2021, Sections 2-101, as |
| |
2|amended by Section 10, Chapter 91, O.S.L. 2019, as last amended by |
| |
3|Section 1, Chapter 235, O.S.L. 2023, and as last amended by Section |
| |
4|1, Chapter 304, O.S.L. 2023, 2-304, as amended by Section 1, Chapter |
| |
5|176, O.S.L. 2023, 2-305, as amended by Section 2, Chapter 176, |
| |
6|O.S.L. 2023, 2-309, as amended by Section 1, Chapter 333, O.S.L. |
| |
7|2021, 2-402, as amended by Section 1, Chapter 220, O.S.L 2016, and |
| |
8|2-406, as last amended by Section 7, Chapter 375, O.S.L. 2023 (63 |
| |
9|O.S. Supp. 2023, Sections 2-101, 2-304, 2-305, and 2-406), are |
| |
10|hereby repealed. |
| |
11| SECTION 9. It being immediately necessary for the preservation |
| |
12|of the public peace, health or safety, an emergency is hereby |
| |
13|declared to exist, by reason whereof this act shall take effect and |
| |
14|be in full force from and after its passage and approval. |
| |
15|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES |
|April 11, 2024 - DO PASS AS AMENDED BY CS |
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18| |
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19| |
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20| |
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21| |
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22| |
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23| |
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arsid16711781 SENATE FLOOR VERSION - HB3567 SFLR Page 88
