Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 27 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to controlled dangerous substances;
7 amending 63 O.S. 2021, Section 2-309, as last amended
8 by Section 6, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
8 2024, Section 2-309), which relates to prescriptions;
9 exempting certain practitioners from electronic
9 prescription requirement; limiting availability of
10 exemption; directing licensing boards to take certain
10 actions; updating statutory language; and providing
11 an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-309, as
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15 last amended by Section 6, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
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16 2024, Section 2-309), is amended to read as follows:
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17 Section 2-309. A. 1. Except for dosages medically required
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18 for a period not to exceed forty-eight (48) hours which are
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19 administered by or on direction of a practitioner, other than a
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20 pharmacist, or medication dispensed directly by a practitioner,
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21 other than a pharmacist, to an ultimate user, no controlled
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22 dangerous substance included in Schedule II, which is a prescription
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23 drug as determined under regulation promulgated by the State Board
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24 of Pharmacy, shall be dispensed without an electronic prescription
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1 of a practitioner; provided, that in emergency situations, as
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2 prescribed by the State Board of Pharmacy by regulation, such drug
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3 may be dispensed upon oral prescription reduced promptly to writing
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4 and filed by the pharmacist in a manner to be prescribed by rules
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5 and regulations of the Director of the Oklahoma State Bureau of
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6 Narcotics and Dangerous Drugs Control.
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7 2. Electronic prescribing shall be utilized for Schedules II,
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8 III, IV and V, subject to the requirements set forth in 21 CFR,
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9 Section 1311 et seq.
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10 3. An electronic prescription with electronic signature may
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11 serve as an original prescription, subject to the requirements set
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12 forth in 21 CFR, Section 1311 et seq.
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13 4. Prescriptions shall be retained in conformity with the
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14 requirements of this section and Section 2-307 of this title. No
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15 prescription for a Schedule II substance may be refilled.
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16 5. The electronic prescription requirement provided for in this
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17 section shall not apply to prescriptions for controlled dangerous
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18 substances issued by any of the following:
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19 a. a person licensed to practice veterinary medicine,
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20 b. a practitioner who experiences temporary technological
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21 or electrical failure or other extenuating
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22 circumstance that prevents the prescription from being
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23 transmitted electronically; provided, however, that
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1 the practitioner documents the reason for this
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2 exception in the medical record of the patient,
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3 c. a practitioner, other than a pharmacist, who dispenses
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4 directly to an ultimate user,
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5 d. a practitioner who orders a controlled dangerous
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6 substance to be administered through an on-site
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7 pharmacy in:
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8 (1) a hospital as defined in Section 1-701 of this
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9 title,
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10 (2) a nursing facility as defined in Section 1-1902
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11 of this title,
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12 (3) a hospice inpatient facility as defined in
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13 Section 1-860.2 of this title,
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14 (4) an outpatient dialysis facility,
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15 (5) a continuum of care facility as defined in
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16 Section 1-890.2 of this title, or
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17 (6) a penal institution listed in Section 509 of
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18 Title 57 of the Oklahoma Statutes,
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19 e. a practitioner who orders a controlled dangerous
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20 substance to be administered through a hospice program
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21 including, but not limited to, a hospice program that
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22 provides hospice services in the private residence of
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23 a patient or in a long-term care facility where the
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24 patient resides. As used in this subparagraph,
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1 "hospice program" has the same meaning as provided by
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2 Section 1-860.2 of this title,
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3 f. a practitioner who writes a prescription to be
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4 dispensed by a pharmacy located on federal property,
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5 provided the practitioner documents the reason for
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6 this exception in the medical record of the patient,
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7 g. a practitioner that has received a waiver or extension
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8 from his or her licensing board,
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9 h. a practitioner who prescribes a controlled dangerous
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10 substance for a supply that when taken as prescribed
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11 would be consumed within seventy-two (72) hours, or
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12 i. a practitioner who determines that an electronic
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13 prescription cannot be issued in a timely manner and
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14 the condition of the patient is at risk, or
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15 j a practitioner who practices exclusively in one or
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16 more medically underserved areas (MUAs) as designated
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17 by the Health Resources and Services Administration.
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18 This exemption shall not be available to a
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19 practitioner who has been subject to disciplinary
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20 action by the practitioner's licensing board for a
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21 violation related to the prescription of controlled
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22 dangerous substances. The licensing board shall
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23 communicate with and share necessary information with
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24 the Oklahoma State Bureau of Narcotics and Dangerous
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1 Drugs Control for the purpose of enforcement of this
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2 subparagraph.
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3 6. Electronic prescriptions may be utilized under the following
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4 circumstances:
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5 a. compounded prescriptions,
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6 b. compounded infusion prescriptions, or
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7 c. prescriptions issued under approved research
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8 protocols.
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9 7. A pharmacist who receives a written, oral or facsimile
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10 prescription shall not be required to verify that the prescription
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11 falls under one of the exceptions provided for in paragraph 6 of
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12 this subsection. Pharmacists may continue to dispense medications
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13 from otherwise valid written, oral or facsimile prescriptions that
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14 are consistent with the provisions of this section.
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15 8. Practitioners shall indicate in the health record of a
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16 patient that an exception to the electronic prescription requirement
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17 was utilized.
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18 9. All prescriptions issued pursuant to paragraph 5 and
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19 subparagraph c of paragraph 6 of this subsection shall be on an
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20 official prescription form approved by the Oklahoma State Bureau of
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21 Narcotics and Dangerous Drugs Control if not issued electronically.
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22 10. a. Practitioners shall be registered with the Oklahoma
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23 State Bureau of Narcotics and Dangerous Drugs Control
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24 in order to purchase official prescription forms.
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1 Such registration shall include, but not be limited
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2 to, the primary address and the address of each place
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3 of business to be imprinted on official prescription
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4 forms. Any change to a registered practitioner's
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5 registered address shall be promptly reported to the
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6 practitioner's licensing board and the Bureau by the
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7 practitioner in a manner approved by the Bureau.
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8 b. Where the Bureau has revoked the registration of a
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9 registered practitioner, the Bureau may revoke or
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10 cancel any official prescription forms in the
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11 possession of the registered practitioner. Any
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12 revocation or any suspension shall require the
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13 registered practitioner to return all unused official
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14 prescription forms to the Bureau within fifteen (15)
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15 calendar days after the date of the written
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16 notification.
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17 c. A practitioner that has had any license to practice
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18 terminated, revoked or suspended by a state or federal
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19 agency may, upon restoration of such license or
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20 certificate, register with the Bureau.
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21 11. a. Official prescription forms shall be purchased at the
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22 expense of the practitioner or the employer of the
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23 practitioner from a list of vendors approved by the
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24 Bureau.
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1 b. Official prescription forms issued to a registered
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2 practitioner shall be imprinted with the primary
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3 address and may include other addresses listed on the
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4 registration of the practitioner to identify the place
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5 of origin. Such prescriptions shall be sent only to
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6 the primary address of the registered practitioner.
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7 c. Official prescription forms of a registered
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8 practitioner shall be used only by the practitioner
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9 designated on the official prescription form.
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10 d. The Bureau may revoke or cancel official prescription
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11 forms in the possession of a registered practitioners
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12 practitioner when the license of such practitioner is
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13 suspended, terminated or revoked.
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14 e. Official prescription forms of registered
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15 practitioners who are deceased or who no longer
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16 prescribe shall be returned to the Bureau at a
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17 designated address. If the registered practitioner is
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18 deceased, it is the responsibility of the registered
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19 practitioner's estate or lawful designee to return
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20 such forms.
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21 f. The Bureau may issue official prescription forms to
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22 employees or agents of the Bureau and other government
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23 agencies for the purpose of preventing, identifying,
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24 investigating and prosecuting unacceptable or illegal
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1 practices by providers and other persons and assisting
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2 in the recovery of overpayments under any program
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3 operated by the state or paid for with state funds.
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4 Such prescription forms shall be issued for this
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5 purpose only to individuals who are authorized to
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6 conduct investigations on behalf of the Bureau or
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7 other government agencies as part of their official
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8 duties. Individuals and agencies receiving such
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9 prescription forms for this purpose shall provide
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10 appropriate assurances to the Bureau that adequate
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11 safeguards and security measures are in place to
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12 prevent the use of such prescription forms for
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13 anything other than official government purposes.
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14 12. a. Adequate safeguards and security measures shall be
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15 undertaken by registered practitioners holding
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16 official prescription forms to assure against the
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17 loss, destruction, theft or unauthorized use of the
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18 forms. Registered practitioners shall maintain a
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19 sufficient but not excessive supply of such forms in
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20 reserve.
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21 b. Registered practitioners shall immediately notify the
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22 Bureau, in a manner designated by the Bureau, upon
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23 their knowledge of the loss, destruction, theft or
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24 unauthorized use of any official prescription forms
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1 issued to them, as well as the failure to receive
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2 official prescription forms within a reasonable time
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3 after ordering them from the Bureau.
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4 c. Registered practitioners shall immediately notify the
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5 Bureau upon their knowledge of any diversion or
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6 suspected diversion of drugs pursuant to the loss,
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7 theft or unauthorized use of prescriptions.
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8 B. 1. Except for dosages medically required for a period not
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9 to exceed seventy-two (72) hours which are administered by or on
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10 direction of a practitioner other than a pharmacist or medication
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11 dispensed directly by a practitioner, other than a pharmacist, to an
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12 ultimate user, or the circumstances provided for in paragraphs 5 and
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13 6 of subsection A of this section, no controlled dangerous substance
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14 included in Schedule III or IV, which is a prescription drug as
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15 determined under regulation promulgated by the State Board of
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16 Pharmacy, shall be dispensed without an electronic prescription.
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17 2. Any prescription for a controlled dangerous substance in
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18 Schedule III, IV or V may not be filled or refilled more than six
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19 (6) months after the date thereof or be refilled more than five
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20 times after the date of the prescription, unless renewed by the
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21 practitioner.
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22 C. Whenever it appears to the Director of the Oklahoma State
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23 Bureau of Narcotics and Dangerous Drugs Control that a drug not
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24 considered to be a prescription drug under existing state law or
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1 regulation of the State Board of Pharmacy should be so considered
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2 because of its abuse potential, the Director shall so advise the
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3 State Board of Pharmacy and furnish to the Board all available data
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4 relevant thereto.
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5 D. 1. "Prescription", as used in this section, means a
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6 written, oral or electronic order by a practitioner to a pharmacist
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7 for a controlled dangerous substance for a particular patient, which
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8 specifies the date of its issue, and the full name and address of
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9 the patient and, if the controlled dangerous substance is prescribed
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10 for an animal, the species of the animal, the name and quantity of
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11 the controlled dangerous substance prescribed, the directions for
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12 use, the name and address of the owner of the animal and, if
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13 written, the signature of the practitioner. When electronically
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14 prescribed, the full name of the patient may include the name and
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15 species of the animal.
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16 2. "Registered practitioner", as used in this section, means a
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17 licensed practitioner duly registered with the Oklahoma State Bureau
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18 of Narcotics and Dangerous Drugs Control authorized to purchase
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19 official prescription forms.
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20 E. No person shall solicit, dispense, receive or deliver any
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21 controlled dangerous substance through the mail, unless the ultimate
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22 user is personally known to the practitioner and circumstances
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23 clearly indicate such method of delivery is in the best interest of
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24 the health and welfare of the ultimate user.
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1 SECTION 2. This act shall become effective November 1, 2025.
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3 60-1-130 DC 12/16/2024 10:49:16 AM
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Req. No. 130 Page 11Every fact on this page links to its source, starting with the official bill record.