1| STATE OF OKLAHOMA | | | 2| 1st Session of the 60th Legislature (2025) | | | 3|SENATE BILL 27 By: Bullard | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to controlled dangerous substances; | | amending 63 O.S. 2021, Section 2-309, as last amended | 8| by Section 6, Chapter 308, O.S.L. 2024 (63 O.S. Supp. | | 2024, Section 2-309), which relates to prescriptions; | 9| exempting certain practitioners from electronic | | prescription requirement; limiting availability of | 10| exemption; directing licensing boards to take certain | | actions; updating statutory language; and providing | 11| an effective date. | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-309, as | | | 15|last amended by Section 6, Chapter 308, O.S.L. 2024 (63 O.S. Supp. | | | 16|2024, Section 2-309), is amended to read as follows: | | | 17| Section 2-309. A. 1. Except for dosages medically required | | | 18|for a period not to exceed forty-eight (48) hours which are | | | 19|administered by or on direction of a practitioner, other than a | | | 20|pharmacist, or medication dispensed directly by a practitioner, | | | 21|other than a pharmacist, to an ultimate user, no controlled | | | 22|dangerous substance included in Schedule II, which is a prescription | | | 23|drug as determined under regulation promulgated by the State Board | | | 24|of Pharmacy, shall be dispensed without an electronic prescription | | | Req. No. 130 Page 1 ___________________________________________________________________________
1|of a practitioner; provided, that in emergency situations, as | | | 2|prescribed by the State Board of Pharmacy by regulation, such drug | | | 3|may be dispensed upon oral prescription reduced promptly to writing | | | 4|and filed by the pharmacist in a manner to be prescribed by rules | | | 5|and regulations of the Director of the Oklahoma State Bureau of | | | 6|Narcotics and Dangerous Drugs Control. | | | 7| 2. Electronic prescribing shall be utilized for Schedules II, | | | 8|III, IV and V, subject to the requirements set forth in 21 CFR, | | | 9|Section 1311 et seq. | | | 10| 3. An electronic prescription with electronic signature may | | | 11|serve as an original prescription, subject to the requirements set | | | 12|forth in 21 CFR, Section 1311 et seq. | | | 13| 4. Prescriptions shall be retained in conformity with the | | | 14|requirements of this section and Section 2-307 of this title. No | | | 15|prescription for a Schedule II substance may be refilled. | | | 16| 5. The electronic prescription requirement provided for in this | | | 17|section shall not apply to prescriptions for controlled dangerous | | | 18|substances issued by any of the following: | | | 19| a. a person licensed to practice veterinary medicine, | | | 20| b. a practitioner who experiences temporary | | | 21| technological or electrical failure or other | | | 22| extenuating circumstance that prevents the | | | 23| prescription from being transmitted electronically; | | | 24| | | | Req. No. 130 Page 2 ___________________________________________________________________________
1| provided, however, that the practitioner documents the | | | 2| reason for this exception in the medical record of the | | | 3| patient, | | | 4| c. a practitioner, other than a pharmacist, who | | | 5| dispenses directly to an ultimate user, | | | 6| d. a practitioner who orders a controlled dangerous | | | 7| substance to be administered through an on-site | | | 8| pharmacy in: | | | 9| (1) a hospital as defined in Section 1-701 of this | | | 10| title, | | | 11| (2) a nursing facility as defined in Section 1-1902 | | | 12| of this title, | | | 13| (3) a hospice inpatient facility as defined in | | | 14| Section 1-860.2 of this title, | | | 15| (4) an outpatient dialysis facility, | | | 16| (5) a continuum of care facility as defined in | | | 17| Section 1-890.2 of this title, or | | | 18| (6) a penal institution listed in Section 509 of | | | 19| Title 57 of the Oklahoma Statutes, | | | 20| e. a practitioner who orders a controlled dangerous | | | 21| substance to be administered through a hospice program | | | 22| including, but not limited to, a hospice program that | | | 23| provides hospice services in the private residence of | | | 24| a patient or in a long-term care facility where the | | | Req. No. 130 Page 3 ___________________________________________________________________________
1| patient resides. As used in this subparagraph, | | | 2| "hospice program" has the same meaning as provided by | | | 3| Section 1-860.2 of this title, | | | 4| f. a practitioner who writes a prescription to be | | | 5| dispensed by a pharmacy located on federal property, | | | 6| provided the practitioner documents the reason for | | | 7| this exception in the medical record of the patient, | | | 8| g. a practitioner that has received a waiver or | | | 9| extension from his or her licensing board, | | | 10| h. a practitioner who prescribes a controlled dangerous | | | 11| substance for a supply that when taken as prescribed | | | 12| would be consumed within seventy-two (72) hours,or| | | 13| i. a practitioner who determines that an electronic | | | 14| prescription cannot be issued in a timely manner and | | | 15| the condition of the patient is at risk, or | | | 16| j a practitioner who practices exclusively in one or | | | 17| more medically underserved areas (MUAs) as designated | | | 18| by the Health Resources and Services Administration. | | | 19| This exemption shall not be available to a | | | 20| practitioner who has been subject to disciplinary | | | 21| action by the practitioner's licensing board for a | | | 22| violation related to the prescription of controlled | | | 23| dangerous substances. The licensing board shall | | | 24| communicate with and share necessary information with | | | Req. No. 130 Page 4 ___________________________________________________________________________
1| the Oklahoma State Bureau of Narcotics and Dangerous | | | 2| Drugs Control for the purpose of enforcement of this | | | 3| subparagraph. | | | 4| 6. Electronic prescriptions may be utilized under the following | | | 5|circumstances: | | | 6| a. compounded prescriptions, | | | 7| b. compounded infusion prescriptions, or | | | 8| c. prescriptions issued under approved research | | | 9| protocols. | | | 10| 7. A pharmacist who receives a written, oral or facsimile | | | 11|prescription shall not be required to verify that the prescription | | | 12|falls under one of the exceptions provided for in paragraph 6 of | | | 13|this subsection. Pharmacists may continue to dispense medications | | | 14|from otherwise valid written, oral or facsimile prescriptions that | | | 15|are consistent with the provisions of this section. | | | 16| 8. Practitioners shall indicate in the health record of a | | | 17|patient that an exception to the electronic prescription requirement | | | 18|was utilized. | | | 19| 9. All prescriptions issued pursuant to paragraph 5 and | | | 20|subparagraph c of paragraph 6 of this subsection shall be on an | | | 21|official prescription form approved by the Oklahoma State Bureau of | | | 22|Narcotics and Dangerous Drugs Control if not issued electronically. | | | 23| 10. a. Practitioners shall be registered with the Oklahoma | | | 24| State Bureau of Narcotics and Dangerous Drugs Control | | | Req. No. 130 Page 5 ___________________________________________________________________________
1| in order to purchase official prescription forms. | | | 2| Such registration shall include, but not be limited | | | 3| to, the primary address and the address of each place | | | 4| of business to be imprinted on official prescription | | | 5| forms. Any change to a registered practitioner's | | | 6| registered address shall be promptly reported to the | | | 7| practitioner's licensing board and the Bureau by the | | | 8| practitioner in a manner approved by the Bureau. | | | 9| b. Where the Bureau has revoked the registration of a | | | 10| registered practitioner, the Bureau may revoke or | | | 11| cancel any official prescription forms in the | | | 12| possession of the registered practitioner. Any | | | 13| revocation or any suspension shall require the | | | 14| registered practitioner to return all unused official | | | 15| prescription forms to the Bureau within fifteen (15) | | | 16| calendar days after the date of the written | | | 17| notification. | | | 18| c. A practitioner that has had any license to practice | | | 19| terminated, revoked or suspended by a state or federal | | | 20| agency may, upon restoration of such license or | | | 21| certificate, register with the Bureau. | | | 22| 11. a. Official prescription forms shall be purchased at the | | | 23| expense of the practitioner or the employer of the | | | 24| | | | Req. No. 130 Page 6 ___________________________________________________________________________
1| practitioner from a list of vendors approved by the | | | 2| Bureau. | | | 3| b. Official prescription forms issued to a registered | | | 4| practitioner shall be imprinted with the primary | | | 5| address and may include other addresses listed on the | | | 6| registration of the practitioner to identify the place | | | 7| of origin. Such prescriptions shall be sent only to | | | 8| the primary address of the registered practitioner. | | | 9| c. Official prescription forms of a registered | | | 10| practitioner shall be used only by the practitioner | | | 11| designated on the official prescription form. | | | 12| d. The Bureau may revoke or cancel official prescription | | | 13| forms in the possession of a registeredpractitioners| | | 14| practitioner when the license of such practitioner is | | | 15| suspended, terminated or revoked. | | | 16| e. Official prescription forms of registered | | | 17| practitioners who are deceased or who no longer | | | 18| prescribe shall be returned to the Bureau at a | | | 19| designated address. If the registered practitioner is | | | 20| deceased, it is the responsibility of the registered | | | 21| practitioner's estate or lawful designee to return | | | 22| such forms. | | | 23| f. The Bureau may issue official prescription forms to | | | 24| employees or agents of the Bureau and other government | | | Req. No. 130 Page 7 ___________________________________________________________________________
1| agencies for the purpose of preventing, identifying, | | | 2| investigating and prosecuting unacceptable or illegal | | | 3| practices by providers and other persons and assisting | | | 4| in the recovery of overpayments under any program | | | 5| operated by the state or paid for with state funds. | | | 6| Such prescription forms shall be issued for this | | | 7| purpose only to individuals who are authorized to | | | 8| conduct investigations on behalf of the Bureau or | | | 9| other government agencies as part of their official | | | 10| duties. Individuals and agencies receiving such | | | 11| prescription forms for this purpose shall provide | | | 12| appropriate assurances to the Bureau that adequate | | | 13| safeguards and security measures are in place to | | | 14| prevent the use of such prescription forms for | | | 15| anything other than official government purposes. | | | 16| 12. a. Adequate safeguards and security measures shall be | | | 17| undertaken by registered practitioners holding | | | 18| official prescription forms to assure against the | | | 19| loss, destruction, theft or unauthorized use of the | | | 20| forms. Registered practitioners shall maintain a | | | 21| sufficient but not excessive supply of such forms in | | | 22| reserve. | | | 23| b. Registered practitioners shall immediately notify the | | | 24| Bureau, in a manner designated by the Bureau, upon | | | Req. No. 130 Page 8 ___________________________________________________________________________
1| their knowledge of the loss, destruction, theft or | | | 2| unauthorized use of any official prescription forms | | | 3| issued to them, as well as the failure to receive | | | 4| official prescription forms within a reasonable time | | | 5| after ordering them from the Bureau. | | | 6| c. Registered practitioners shall immediately notify the | | | 7| Bureau upon their knowledge of any diversion or | | | 8| suspected diversion of drugs pursuant to the loss, | | | 9| theft or unauthorized use of prescriptions. | | | 10| B. 1. Except for dosages medically required for a period not | | | 11|to exceed seventy-two (72) hours which are administered by or on | | | 12|direction of a practitioner other than a pharmacist or medication | | | 13|dispensed directly by a practitioner, other than a pharmacist, to an | | | 14|ultimate user, or the circumstances provided for in paragraphs 5 and | | | 15|6 of subsection A of this section, no controlled dangerous substance | | | 16|included in Schedule III or IV, which is a prescription drug as | | | 17|determined under regulation promulgated by the State Board of | | | 18|Pharmacy, shall be dispensed without an electronic prescription. | | | 19| 2. Any prescription for a controlled dangerous substance in | | | 20|Schedule III, IV or V may not be filled or refilled more than six | | | 21|(6) months after the date thereof or be refilled more than five | | | 22|times after the date of the prescription, unless renewed by the | | | 23|practitioner. | | | 24| | | | Req. No. 130 Page 9 ___________________________________________________________________________
1| C. Whenever it appears to the Director of the Oklahoma State | | | 2|Bureau of Narcotics and Dangerous Drugs Control that a drug not | | | 3|considered to be a prescription drug under existing state law or | | | 4|regulation of the State Board of Pharmacy should be so considered | | | 5|because of its abuse potential, the Director shall so advise the | | | 6|State Board of Pharmacy and furnish to the Board all available data | | | 7|relevant thereto. | | | 8| D. 1. "Prescription", as used in this section, means a | | | 9|written, oral or electronic order by a practitioner to a pharmacist | | | 10|for a controlled dangerous substance for a particular patient, which | | | 11|specifies the date of its issue, and the full name and address of | | | 12|the patient and, if the controlled dangerous substance is prescribed | | | 13|for an animal, the species of the animal, the name and quantity of | | | 14|the controlled dangerous substance prescribed, the directions for | | | 15|use, the name and address of the owner of the animal and, if | | | 16|written, the signature of the practitioner. When electronically | | | 17|prescribed, the full name of the patient may include the name and | | | 18|species of the animal. | | | 19| 2. "Registered practitioner", as used in this section, means a | | | 20|licensed practitioner duly registered with the Oklahoma State Bureau | | | 21|of Narcotics and Dangerous Drugs Control authorized to purchase | | | 22|official prescription forms. | | | 23| E. No person shall solicit, dispense, receive or deliver any | | | 24|controlled dangerous substance through the mail, unless the ultimate | | | Req. No. 130 Page 10 ___________________________________________________________________________
1|user is personally known to the practitioner and circumstances | | | 2|clearly indicate such method of delivery is in the best interest of | | | 3|the health and welfare of the ultimate user. | | | 4| SECTION 2. This act shall become effective November 1, 2025. | | | 5| | | | 6| 60-1-130 DC 12/16/2024 2:12:46 PM | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 130 Page 11