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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 809 By: Bergstrom
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to physician assistants; amending 59
7 O.S. 2021, Section 353.1a, which relates to the
8 Oklahoma Pharmacy Act; clarifying which prescriptions
8 for controlled dangerous substances pharmacists may
9 dispense; amending 59 O.S. 2021, Sections 519.2,
9 519.3, 519.6, 519.11, as amended by Section 1,
10 Chapter 164, O.S.L. 2022, and 521.2 (59 O.S. Supp.
10 2024, Section 519.11), which relate to the Physician
11 Assistant Act; modifying definitions; increasing the
11 number of Physician Assistant Committee members;
12 clarifying certain requirements for the chair;
12 increasing member requirements for a quorum; allowing
13 physician assistants who have completed certain
13 postgraduate clinical practice experience to practice
14 without supervision; directing the State Board of
14 Medical Licensure and Supervision to maintain certain
15 online list; specifying method of reporting for
15 clinical hours; providing certain construction;
16 specifying prescriptive authority of physician
16 assistants; authorizing and prohibiting certain
17 dispensing; conforming language; making language
17 gender neutral; modifying billing and payment
18 authority; amending 63 O.S. 2021, Section 1-317, as
18 last amended by Section 1, Chapter 251, O.S.L. 2024
19 (63 O.S. Supp. 2024, Section 1-317), which relates to
19 death certificates; clarifying the authority of
20 physician assistants to carry out certain functions;
20 amending 63 O.S. 2021, Section 2-101, as last amended
21 by Section 1, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
21 2024, Section 2-101), which relates to definitions
22 used in the Uniform Controlled Dangerous Substances
22 Act; conforming language; amending 63 O.S. 2021,
23 Section 2-312, as amended by Section 2, Chapter 184,
23 O.S.L. 2022 (63 O.S. Supp. 2024, Section 2-312),
24 which relates to prescription of controlled dangerous
24
Req. No. 889 Page 1
1 substances; specifying prescriptive authority of
1 physician assistants; repealing 59 O.S. 2021, Section
2 521.4, which relates to physician supervision and
2 practice agreements; and providing an effective date.
3
3
4
4
5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5
6 SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.1a, is
6
7 amended to read as follows:
7
8 Section 353.1a. A. Prescribing authority shall be allowed,
8
9 under the medical direction of a supervising physician, for an
9
10 advanced practice nurse recognized by the Oklahoma Board of Nursing
10
11 in one of the following categories: advanced registered nurse
11
12 practitioners, clinical nurse specialists, or certified nurse-
12
13 midwives. The advanced practice nurse may write or sign, or
13
14 transmit by word of mouth, telephone or other means of communication
14
15 an order for drugs or medical supplies that is intended to be
15
16 filled, compounded, or dispensed by a pharmacist. The supervising
16
17 physician and the advanced practice nurse shall be identified at the
17
18 time of origination of the prescription and the name of the advanced
18
19 practice nurse shall be printed on the prescription label.
19
20 B. Pharmacists may dispense prescriptions for non-controlled
20
21 prescription drugs authorized by an advanced practice nurse or
21
22 physician assistant, not located in Oklahoma, provided that they are
22
23 licensed in the state in which they are actively prescribing.
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24
24
Req. No. 889 Page 2
1 C. Pharmacists may only dispense prescriptions for controlled
1
2 dangerous substances prescribed by an:
2
3 advanced practice nurse or 1. A physician assistant licensed in
3
4 this state; or
4
5 2. An advance practice nurse licensed in the State of Oklahoma
5
6 this state and supervised by an Oklahoma-licensed practitioner.
6
7 SECTION 2. AMENDATORY 59 O.S. 2021, Section 519.2, is
7
8 amended to read as follows:
8
9 Section 519.2. As used in the Physician Assistant Act:
9
10 1. "Board" means the State Board of Medical Licensure and
10
11 Supervision;
11
12 2. "Committee" means the Physician Assistant Committee;
12
13 3. "Practice of medicine" means services which require training
13
14 in the diagnosis, treatment and prevention of disease, including the
14
15 use and administration of drugs, and which are performed by
15
16 physician assistants so long as such services are within the
16
17 physician assistants' skill,. For a physician assistant required to
17
18 practice under supervision of a delegating physician, services form
18
19 a component of the physician's scope of practice, and are provided
19
20 with physician supervision, including authenticating by signature
20
21 any form that may be authenticated by the delegating physician's
21
22 signature with prior delegation by the physician;
22
23 4. "Patient care setting" means and includes, but is not
23
24 limited to, a physician's office, clinic, hospital, nursing home,
24
Req. No. 889 Page 3
1 extended care facility, patient's home, ambulatory surgical center,
1
2 hospice facility or any other setting authorized by the delegating
2
3 physician;
3
4 5. "Physician assistant" means a health care professional,
4
5 qualified by academic and clinical education and licensed by the
5
6 State Board of Medical Licensure and Supervision, to practice
6
7 medicine with physician supervision as a physician assistant;
7
8 6. 5. "Delegating physician" means an individual holding a
8
9 license in good standing as a physician from the State Board of
9
10 Medical Licensure and Supervision or the State Board of Osteopathic
10
11 Examiners, who supervises one or more physician assistants and
11
12 delegates decision making pursuant to the practice agreement;
12
13 7. 6. "Supervision" means overseeing or delegating the
13
14 activities of the medical services rendered by a physician assistant
14
15 through a practice agreement between a medical doctor or osteopathic
15
16 delegating physician performing procedures or directly or indirectly
16
17 involved with the treatment of a patient, and the physician
17
18 assistant working jointly toward a common goal of providing
18
19 services. Delegation shall be defined by the practice agreement.
19
20 The physical presence of the delegating physician is not required as
20
21 long as the delegating physician and physician assistant are or can
21
22 be easily in contact with each other by telecommunication. At all
22
23 times a physician assistant required to practice under supervision
23
24 shall be considered an agent of the delegating physician;
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Req. No. 889 Page 4
1 8. 7. "Telecommunication" means the use of electronic
1
2 technologies to transmit words, sounds or images for interpersonal
2
3 communication, clinical care (telemedicine) and review of electronic
3
4 health records; and
4
5 9. 8. "Practice agreement" means a written agreement between a
5
6 physician assistant and the a delegating physician concerning the
6
7 scope of practice of the physician assistant to only be determined
7
8 by the delegating physician and the physician assistant based on the
8
9 education, training, skills and experience of the physician
9
10 assistant. The agreement shall involve the joint formulation,
10
11 discussion and agreement on the methods of supervision and
11
12 collaboration for diagnosis, consultation and treatment of medical
12
13 conditions and shall include the scope of and any limitations on
13
14 prescribing. A practice agreement shall be required for a physician
14
15 assistant described in subsection C of Section 519.6 of this title.
15
16 SECTION 3. AMENDATORY 59 O.S. 2021, Section 519.3, is
16
17 amended to read as follows:
17
18 Section 519.3. A. There is hereby created the Physician
18
19 Assistant Committee, which shall be composed of seven (7) nine (9)
19
20 members. Three Five members of the Committee shall be physician
20
21 assistants appointed by the State Board of Medical Licensure and
21
22 Supervision from a list of qualified individuals submitted by the
22
23 Oklahoma Academy of Physician Assistants. One member shall be a
23
24 physician appointed by the Board from its membership. One member
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Req. No. 889 Page 5
1 shall be a physician appointed by the Board from a list of qualified
1
2 individuals submitted by the Oklahoma State Medical Association and
2
3 who is not a member of the Board. One member shall be a physician
3
4 appointed by the State Board of Osteopathic Examiners from its
4
5 membership. One member shall be a physician appointed by the State
5
6 Board of Osteopathic Examiners from a list of qualified individuals
6
7 submitted by the Oklahoma Osteopathic Association and who is not a
7
8 member of said board the Board.
8
9 B. The term of office for each member of the Committee shall be
9
10 five (5) years.
10
11 C. The Committee shall meet at least quarterly. At the initial
11
12 meeting of each calendar year, the Committee members shall elect a
12
13 chair from the physician assistant members. The chair or his or her
13
14 designee shall represent the Committee at all meetings of the Board.
14
15 Four Five members shall constitute a quorum for the purpose of
15
16 conducting official business of the Committee.
16
17 D. The State Board of Medical Licensure and Supervision is
17
18 hereby granted the power and authority to promulgate rules, which
18
19 are in accordance with the provisions of Section 519.1 et seq. of
19
20 this title, governing the requirements for licensure as a physician
20
21 assistant, as well as to establish standards for training, approve
21
22 institutions for training, and regulate the standards of practice of
22
23 a physician assistant after licensure, including the power of
23
24 revocation of a license.
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Req. No. 889 Page 6
1 E. The State Board of Medical Licensure and Supervision is
1
2 hereby granted the power and authority to investigate all
2
3 complaints, hold hearings, subpoena witnesses and initiate
3
4 prosecution concerning violations of Section 519.1 et seq. of this
4
5 title. When such complaints involve physicians licensed by the
5
6 State Board of Osteopathic Examiners, the State Board of Osteopathic
6
7 Examiners shall be officially notified of such complaints.
7
8 F. 1. The Committee shall advise the Board on all matters
8
9 pertaining to the practice of physician assistants.
9
10 2. The Committee shall review and make recommendations to the
10
11 Board on all applications for licensure as a physician assistant and
11
12 all applications to practice which shall be approved by the Board.
12
13 When considering applicants for licensure, to establish standards of
13
14 training or approve institutions for training, the Committee shall
14
15 include the Director, or designee, of all Physician Assistant
15
16 educational programs conducted by institutions of higher education
16
17 in the state as members.
17
18 3. The Committee shall assist and advise the Board in all
18
19 hearings involving physician assistants who are deemed to be in
19
20 violation of Section 519.1 et seq. of this title or the rules of the
20
21 Board.
21
22 SECTION 4. AMENDATORY 59 O.S. 2021, Section 519.6, is
22
23 amended to read as follows:
23
24
24
Req. No. 889 Page 7
1 Section 519.6. A. No health care services may be performed by
1
2 a physician assistant unless a current license is on file with and
2
3 approved by the State Board of Medical Licensure and Supervision.
3
4 B. 1. A physician assistant who has completed not less than
4
5 six thousand two hundred forty (6,240) hours of postgraduate
5
6 clinical practice experience, including any such hours completed
6
7 prior to the effective date of this act, and who has reported such
7
8 hours to the Board shall not be required to practice under the
8
9 supervision of a delegating physician. A physician assistant may
9
10 report the completion of such hours to the Board at any time.
10
11 2. The Board shall maintain, make available, and keep updated,
11
12 on the website of the Board, a list of physician assistants who have
12
13 reported completion of the postgraduate clinical practice hours
13
14 stipulated by this subsection.
14
15 3. The Board shall, within ninety (90) days of enactment,
15
16 prescribe a form for reporting postgraduate clinical practice
16
17 experience by a physician assistant. The Board shall make available
17
18 and keep updated on the website of the Board the prescribed form.
18
19 The prescribed form may be filed electronically. The Board shall
19
20 not charge a fee for reporting hours or filing the prescribed form.
20
21 4. Nothing in this subsection shall prohibit a physician
21
22 assistant who has completed the postgraduate clinical practice hours
22
23 stipulated by this subsection from voluntarily maintaining a
23
24
24
Req. No. 889 Page 8
1 practice agreement. Provided, any practice agreements shall be
1
2 subject to the requirements of subsection C of this section.
2
3 5. Nothing in this subsection shall restrict the power of the
3
4 Board to require supervision as a disciplinary action against the
4
5 license of a physician assistant.
5
6 C. A physician assistant who has not completed the postgraduate
6
7 clinical practice hours stipulated by subsection B of this section,
7
8 or who has completed such hours but has not reported such hours to
8
9 the Board, shall practice under the supervision of a delegating
9
10 physician with the following requirements:
10
11 1. All practice agreements and any amendments shall be filed
11
12 with the State Board of Medical Licensure and Supervision within ten
12
13 (10) business days of being executed. Practice agreements may be
13
14 filed electronically. The State Board of Medical Licensure and
14
15 Supervision shall not charge a fee for filing practice agreements or
15
16 amendments of practice agreements.;
16
17 B. 2. A physician assistant may have practice agreements with
17
18 multiple allopathic or osteopathic physicians. Each physician shall
18
19 be in good standing with the State Board of Medical Licensure and
19
20 Supervision or the State Board of Osteopathic Examiners.;
20
21 C. 3. The delegating physician need not be physically present
21
22 nor be specifically consulted before each delegated patient care
22
23 service is performed by a physician assistant, so long as the
23
24 delegating physician and physician assistant are or can be easily in
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Req. No. 889 Page 9
1 contact with one another by means of telecommunication. In all
1
2 patient care settings, the The delegating physician shall provide
2
3 appropriate methods of participating in health care services
3
4 provided by the physician assistant including:
4
5 a. being responsible for the formulation or approval of
5
6 all orders and protocols, whether standing orders,
6
7 direct orders or any other orders or protocols, which
7
8 direct the delivery of health care services provided
8
9 by a physician assistant, and periodically reviewing
9
10 such orders and protocols,
10
11 b. regularly reviewing the health care services provided
11
12 by the physician assistant and any problems or
12
13 complications encountered,
13
14 c. being available physically or through telemedicine or
14
15 direct telecommunications for consultation, assistance
15
16 with medical emergencies or patient referral,
16
17 d. reviewing a sample of outpatient medical records.
17
18 Such reviews shall take place at a site agreed upon
18
19 between the delegating physician and physician
19
20 assistant in the practice agreement which may also
20
21 occur using electronic or virtual conferencing, and
21
22 e. that it remains clear that the physician assistant is
22
23 an agent of the delegating physician; but, in no event
23
24
24
Req. No. 889 Page 10
1 shall the delegating physician be an employee of the
1
2 physician assistant.; and
2
3 D. 4. In patients with newly diagnosed complex illnesses, the
3
4 physician assistant shall contact the delegating physician within
4
5 forty-eight (48) hours of the physician assistant's initial
5
6 examination or treatment and schedule the patient for appropriate
6
7 evaluation by the delegating physician as directed by the physician.
7
8 The delegating physician shall determine which conditions qualify as
8
9 complex illnesses based on the clinical setting and the skill and
9
10 experience of the physician assistant.
10
11 E. D. 1. A physician assistant under the direction of a
11
12 delegating physician not practicing under a practice agreement may
12
13 prescribe written and oral prescriptions and orders. The physician
13
14 assistant not practicing under a practice agreement may prescribe
14
15 medical supplies, services, and drugs, including controlled
15
16 medications in Schedules II III through V pursuant to Section 2-312
16
17 of Title 63 of the Oklahoma Statutes, and medical supplies and
17
18 services as delegated by the delegating physician and as approved by
18
19 the State Board of Medical Licensure and Supervision after
19
20 consultation with the State Board of Pharmacy on the Physician
20
21 Assistant Drug Formulary. Physician assistants not practicing under
21
22 a practice agreement may not dispense drugs, but may request,
22
23 receive, and sign for professional samples and may distribute
23
24 professional samples to patients.
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Req. No. 889 Page 11
1 2. A physician assistant may write an order for a Schedule II
1
2 drug for immediate or ongoing administration on site. Prescriptions
2
3 and orders for Schedule II drugs written by a physician assistant
3
4 must be included on a written protocol determined by the delegating
4
5 physician and approved by the medical staff committee of the
5
6 facility or by direct verbal order of the delegating physician.
6
7 Physician assistants may not dispense drugs, but may request,
7
8 receive, and sign for professional samples and may distribute
8
9 professional samples to patients.
9
10 F. A physician assistant may perform health care services in
10
11 patient care settings as authorized by the delegating physician
11
12 practicing under a practice agreement may prescribe written and oral
12
13 prescriptions and orders. The physician assistant practicing under
13
14 a practice agreement may, only as delegated by the delegating
14
15 physician, prescribe medical supplies, services, and drugs,
15
16 including controlled medications in Schedules II through V pursuant
16
17 to Section 2-312 of Title 63 of the Oklahoma Statutes.
17
18 Prescriptions and orders for Schedule II drugs written by such
18
19 physician assistant shall be included on a written protocol
19
20 determined by the delegating physician. Physician assistants
20
21 practicing under a practice agreement shall not dispense drugs, but
21
22 may request, receive, and sign for professional samples and may
22
23 distribute professional samples to patients. A physician assistant
23
24 practicing under a practice agreement shall not prescribe any
24
Req. No. 889 Page 12
1 controlled medications in a schedule in which the delegating
1
2 physician is not registered to prescribe.
2
3 G. E. Each physician assistant licensed under the Physician
3
4 Assistant Act shall keep his or her license available for inspection
4
5 at the primary place of business and shall, when engaged in
5
6 professional activities, identify himself or herself as a physician
6
7 assistant.
7
8 H. F. A physician assistant shall be bound by the provisions
8
9 contained in Sections 725.1 through 725.5 of Title 59 of the
9
10 Oklahoma Statutes this title.
10
11 SECTION 5. AMENDATORY 59 O.S. 2021, Section 519.11, as
11
12 amended by Section 1, Chapter 164, O.S.L. 2022 (59 O.S. Supp. 2024,
12
13 Section 519.11), is amended to read as follows:
13
14 Section 519.11. A. Nothing in the Physician Assistant Act
14
15 shall be construed to prevent or restrict the practice, services or
15
16 activities of any persons of other licensed professions or personnel
16
17 supervised by licensed professions in this state from performing
17
18 work incidental to the practice of their profession or occupation,
18
19 if that person does not represent himself or herself as a physician
19
20 assistant.
20
21 B. Nothing stated in the Physician Assistant Act shall prevent
21
22 any hospital from requiring the physician assistant or the
22
23 delegating physician to meet and maintain certain staff appointment
23
24
24
Req. No. 889 Page 13
1 and credentialing qualifications for the privilege of practicing as,
1
2 or utilizing, a physician assistant in the hospital.
2
3 C. Nothing in the Physician Assistant Act shall be construed to
3
4 permit a physician assistant to practice medicine or prescribe drugs
4
5 and medical supplies in this state except when such actions are
5
6 performed under the supervision and at the direction of a physician
6
7 or physicians approved by the State Board of Medical Licensure and
7
8 Supervision.
8
9 D. Nothing herein in this section shall be construed to require
9
10 licensure under the Physician Assistant Act of a physician assistant
10
11 student enrolled in a physician assistant educational program
11
12 accredited by the Accreditation Review Commission on Education for
12
13 the Physician Assistant.
13
14 E. D. Notwithstanding any other provision of law, no one person
14
15 who is not a physician licensed to practice medicine in this state
15
16 may perform acts restricted to such physicians pursuant to the
16
17 provisions of Section 1-731 of Title 63 of the Oklahoma Statutes.
17
18 This paragraph is inseverable.
18
19 F. E. Nothing in the Physician Assistant Act shall limit the
19
20 activities of a physician assistant in the performance of their
20
21 duties if the physician assistant is employed by or under contract
21
22 with the United States Department of Veterans Affairs or if the
22
23 physician assistant is employed by, under contract with, or
23
24 commissioned by one of the uniformed services; provided, the
24
Req. No. 889 Page 14
1 physician assistant must be currently licensed in this state or any
1
2 other state or currently credentialed as a physician assistant by
2
3 the United States Department of Veterans Affairs or the applicable
3
4 uniformed service. Any physician assistant who is employed by or
4
5 under contract with the United States Department of Veterans Affairs
5
6 or is employed by, under contract with, or commissioned by one of
6
7 the uniformed services and practices outside of such employment,
7
8 contract, or commission shall be subject to the Physician Assistant
8
9 Act while practicing outside of such employment, contract, or
9
10 commission. As used in this subsection, "uniformed services" shall
10
11 have the same meaning as provided by Title 10 of the U.S. Code.
11
12 SECTION 6. AMENDATORY 59 O.S. 2021, Section 521.2, is
12
13 amended to read as follows:
13
14 Section 521.2. A. Payment for services within the physician
14
15 assistant's scope of practice by a health insurance plan shall be
15
16 made when ordered or performed by the physician assistant, if the
16
17 same service would have been covered if ordered or performed by a
17
18 physician. An in-network A physician assistant shall be authorized
18
19 to bill for and receive direct payment for the medically necessary
19
20 services the physician assistant delivers.
20
21 B. To ensure accountability and transparency for patients,
21
22 payers and the health care system, an in-network a physician
22
23 assistant shall be identified as the rendering professional in the
23
24
24
Req. No. 889 Page 15
1 billing and claims process when the physician assistant delivers
1
2 medical or surgical services to patients.
2
3 C. No insurance company or third-party payer shall impose a
3
4 practice, education, or collaboration requirement that is
4
5 inconsistent with or more restrictive than existing physician
5
6 assistant state laws or regulations.
6
7 SECTION 7. AMENDATORY 63 O.S. 2021, Section 1-317, as
7
8 last amended by Section 1, Chapter 251, O.S.L. 2024 (63 O.S. Supp.
8
9 2024, Section 1-317), is amended to read as follows:
9
10 Section 1-317. A. A death certificate for each death which
10
11 occurs in this state shall be filed with the State Department of
11
12 Health within ten (10) calendar days after such death.
12
13 B. It shall be the duty of the funeral director to file the
13
14 death certificate. If the funeral director is not available, the
14
15 person acting as such who first assumes custody of a dead body in
15
16 accordance with Section 1158 of Title 21 of the Oklahoma Statutes
16
17 shall personally sign and file the death certificate. The funeral
17
18 director shall obtain the personal data from the next of kin or the
18
19 best qualified person or source available, enter the personal data
19
20 into the electronic system prescribed by the State Registrar of
20
21 Vital Statistics, and electronically transmit the partial
21
22 certificate produced by the electronic system to the physician,
22
23 physician assistant, Advanced Practice Registered Nurse, or medical
23
24 examiner responsible for completing the medical certification
24
Req. No. 889 Page 16
1 portion of the certificate of death within twenty-four (24) hours
1
2 after the death.
2
3 C. 1. The medical certification shall be completed and
3
4 certified within five (5) calendar days after receipt of the partial
4
5 certificate by the physician, physician assistant, or Advanced
5
6 Practice Registered Nurse in charge of the patient's care for the
6
7 illness or condition which resulted in death, except when inquiry as
7
8 to the cause of death is required by Section 938 of this title. The
8
9 physician, physician assistant, or Advanced Practice Registered
9
10 Nurse shall enter and certify the medical certification portion of
10
11 certificate data in the electronic system prescribed by the State
11
12 Registrar of Vital Statistics.
12
13 2. In the event that the physician, physician assistant, or
13
14 Advanced Practice Registered Nurse in charge of the patient's care
14
15 for the illness or condition which resulted in death is not in
15
16 attendance at the time of death, the medical certification shall be
16
17 completed and signed within five (5) calendar days after receipt of
17
18 the partial certificate by the physician, physician assistant, or
18
19 Advanced Practice Registered Nurse in attendance at the time of
19
20 death, except:
20
21 a. when the patient is under hospice care at the time of
21
22 death, the medical certification may be signed by the
22
23 hospice's medical director, and
23
24
24
Req. No. 889 Page 17
1 b. when inquiry as to the cause of death is required by
1
2 Section 938 of this title.
2
3 Provided, that such certification, if signed by other than the
3
4 attending physician, physician assistant, or Advanced Practice
4
5 Registered Nurse, shall note on the face the name of the attending
5
6 physician, physician assistant, or Advanced Practice Registered
6
7 Nurse and that the information shown is only as reported.
7
8 D. Within four (4) calendar days after receipt of the medical
8
9 certification from the physician, physician assistant, or Advanced
9
10 Practice Registered Nurse as described in subsection C of this
10
11 section, the funeral director shall conduct a final review of the
11
12 personal data and the medical certification, electronically sign the
12
13 death certificate, and submit the death certificate to the State
13
14 Registrar of Vital Statistics through the electronic system
14
15 prescribed by the State Registrar of Vital Statistics for official
15
16 registration.
16
17 E. A certifier completing cause of death on a certificate of
17
18 death who knows that a lethal drug, overdose or other means of
18
19 assisting suicide within the meaning of Sections 3141.2 through
19
20 3141.4 of this title caused or contributed to the death shall list
20
21 that means among the chain of events under cause of death or list it
21
22 in the box that describes how the injury occurred. If such means is
22
23 in the chain of events under cause of death or in the box that
23
24
24
Req. No. 889 Page 18
1 describes how the injury occurred, the certifier shall indicate
1
2 "suicide" as the manner of death.
2
3 F. The authority of a A physician assistant who is subject to
3
4 supervision by a delegating physician under Section 519.6 of Title
4
5 59 of the Oklahoma Statutes may only carry out the functions
5
6 described in this section shall be governed as permitted by the
6
7 practice agreement as provided by under Section 519.6 of Title 59 of
7
8 the Oklahoma Statutes.
8
9 G. A physician, physician assistant, or Advanced Practice
9
10 Registered Nurse completing and signing a medical certification in
10
11 accordance with this section shall not be liable in a civil action
11
12 to recover damages for any acts or omissions relating to the medical
12
13 certification if the cause of death is determined in good faith
13
14 using the individual's best clinical judgment consistent with
14
15 current guidance provided by the applicable licensing board, unless
15
16 the acts or omissions amount to willful or wanton misconduct. The
16
17 immunity provided by this subsection shall be in addition to any
17
18 other immunity from liability to which these individuals may be
18
19 entitled.
19
20 SECTION 8. AMENDATORY 63 O.S. 2021, Section 2-101, as
20
21 last amended by Section 1, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
21
22 2024, Section 2-101), is amended to read as follows:
22
23 Section 2-101. As used in the Uniform Controlled Dangerous
23
24 Substances Act:
24
Req. No. 889 Page 19
1 1. "Acute pain" means pain, whether resulting from disease,
1
2 accidental trauma, intentional trauma, or other cause that the
2
3 practitioner reasonably expects to last only a short period of time.
3
4 Acute pain does not include chronic pain, pain being treated as part
4
5 of cancer care, hospice or other end-of-life care, or pain being
5
6 treated as part of palliative care;
6
7 2. "Administer" means the direct application of a controlled
7
8 dangerous substance, whether by injection, inhalation, ingestion or
8
9 any other means, to the body of a patient, animal or research
9
10 subject by:
10
11 a. a practitioner (or, in the presence of the
11
12 practitioner, by the authorized agent of the
12
13 practitioner), or
13
14 b. the patient or research subject at the direction and
14
15 in the presence of the practitioner;
15
16 3. "Agent" means a peace officer appointed by and who acts on
16
17 behalf of the Director of the Oklahoma State Bureau of Narcotics and
17
18 Dangerous Drugs Control or an authorized person who acts on behalf
18
19 of or at the direction of a person who manufactures, distributes,
19
20 dispenses, prescribes, administers or uses for scientific purposes
20
21 controlled dangerous substances but does not include a common or
21
22 contract carrier, public warehouser or employee thereof, or a person
22
23 required to register under the Uniform Controlled Dangerous
23
24 Substances Act;
24
Req. No. 889 Page 20
1 4. "Anhydrous ammonia" means any substance that exhibits
1
2 cryogenic evaporative behavior and tests positive for ammonia;
2
3 5. "Board" means the Advisory Board to the Director of the
3
4 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4
5 6. "Bureau" means the Oklahoma State Bureau of Narcotics and
5
6 Dangerous Drugs Control;
6
7 7. "Chronic pain" means pain that persists beyond the usual
7
8 course of an acute disease or healing of an injury. Chronic pain
8
9 may or may not be associated with an acute or chronic pathologic
9
10 process that causes continuous or intermittent pain over months or
10
11 years;
11
12 8. "Coca leaves" includes cocaine and any compound,
12
13 manufacture, salt, derivative, mixture or preparation of coca
13
14 leaves, except derivatives of coca leaves which do not contain
14
15 cocaine or ecgonine;
15
16 9. "Commissioner" or "Director" means the Director of the
16
17 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
17
18 10. "Control" means to add, remove or change the placement of a
18
19 drug, substance or immediate precursor under the Uniform Controlled
19
20 Dangerous Substances Act;
20
21 11. "Controlled dangerous substance" means a drug, substance or
21
22 immediate precursor in Schedules I through V of the Uniform
22
23 Controlled Dangerous Substances Act or any drug, substance or
23
24 immediate precursor listed either temporarily or permanently as a
24
Req. No. 889 Page 21
1 federally controlled substance. Any conflict between state and
1
2 federal law with regard to the particular schedule in which a
2
3 substance is listed shall be resolved in favor of state law;
3
4 12. "Counterfeit substance" means a controlled substance which,
4
5 or the container or labeling of which without authorization, bears
5
6 the trademark, trade name or other identifying marks, imprint,
6
7 number or device or any likeness thereof of a manufacturer,
7
8 distributor or dispenser other than the person who in fact
8
9 manufactured, distributed or dispensed the substance;
9
10 13. "Deliver" or "delivery" means the actual, constructive or
10
11 attempted transfer from one person to another of a controlled
11
12 dangerous substance or drug paraphernalia, whether or not there is
12
13 an agency relationship;
13
14 14. "Dispense" means to deliver a controlled dangerous
14
15 substance to an ultimate user or human research subject by or
15
16 pursuant to the lawful order of a practitioner, including the
16
17 prescribing, administering, packaging, labeling or compounding
17
18 necessary to prepare the substance for such distribution.
18
19 "Dispenser" is a practitioner who delivers a controlled dangerous
19
20 substance to an ultimate user or human research subject;
20
21 15. "Distribute" means to deliver other than by administering
21
22 or dispensing a controlled dangerous substance;
22
23 16. "Distributor" means a commercial entity engaged in the
23
24 distribution or reverse distribution of narcotics and dangerous
24
Req. No. 889 Page 22
1 drugs and who complies with all regulations promulgated by the
1
2 federal Drug Enforcement Administration and the Oklahoma State
2
3 Bureau of Narcotics and Dangerous Drugs Control;
3
4 17. "Drug" means articles:
4
5 a. recognized in the official United States Pharmacopeia,
5
6 official Homeopathic Pharmacopoeia of the United
6
7 States, or official National Formulary, or any
7
8 supplement to any of them,
8
9 b. intended for use in the diagnosis, cure, mitigation,
9
10 treatment or prevention of disease in man or other
10
11 animals,
11
12 c. other than food, intended to affect the structure or
12
13 any function of the body of man or other animals, and
13
14 d. intended for use as a component of any article
14
15 specified in this paragraph;
15
16 provided, however, the term drug does not include devices or their
16
17 components, parts or accessories;
17
18 18. "Drug paraphernalia" means all equipment, products, and
18
19 materials of any kind which are used, intended for use, or fashioned
19
20 specifically for use in planting, propagating, cultivating, growing,
20
21 harvesting, manufacturing, compounding, converting, producing,
21
22 processing, preparing, testing, analyzing, packaging, repackaging,
22
23 storing, containing, concealing, injecting, ingesting, inhaling, or
23
24 otherwise introducing into the human body, a controlled dangerous
24
Req. No. 889 Page 23
1 substance in violation of the Uniform Controlled Dangerous
1
2 Substances Act including, but not limited to:
2
3 a. kits used, intended for use, or fashioned specifically
3
4 for use in planting, propagating, cultivating,
4
5 growing, or harvesting of any species of plant which
5
6 is a controlled dangerous substance or from which a
6
7 controlled dangerous substance can be derived,
7
8 b. kits used, intended for use, or fashioned specifically
8
9 for use in manufacturing, compounding, converting,
9
10 producing, processing, or preparing controlled
10
11 dangerous substances,
11
12 c. isomerization devices used, intended for use, or
12
13 fashioned specifically for use in increasing the
13
14 potency of any species of plant which is a controlled
14
15 dangerous substance,
15
16 d. testing equipment used, intended for use, or fashioned
16
17 specifically for use in identifying or in analyzing
17
18 the strength, effectiveness, or purity of controlled
18
19 dangerous substances,
19
20 e. scales and balances used, intended for use, or
20
21 fashioned specifically for use in weighing or
21
22 measuring controlled dangerous substances,
22
23 f. diluents and adulterants, such as quinine
23
24 hydrochloride, mannitol, mannite, dextrose, and
24
Req. No. 889 Page 24
1 lactose used, intended for use, or fashioned
1
2 specifically for use in cutting controlled dangerous
2
3 substances,
3
4 g. separation gins and sifters used, intended for use, or
4
5 fashioned specifically for use in removing twigs and
5
6 seeds from, or in otherwise cleaning or refining,
6
7 marijuana,
7
8 h. blenders, bowls, containers, spoons, and mixing
8
9 devices used, intended for use, or fashioned
9
10 specifically for use in compounding controlled
10
11 dangerous substances,
11
12 i. capsules, balloons, envelopes, and other containers
12
13 used, intended for use, or fashioned specifically for
13
14 use in packaging small quantities of controlled
14
15 dangerous substances,
15
16 j. containers and other objects used, intended for use,
16
17 or fashioned specifically for use in parenterally
17
18 injecting controlled dangerous substances into the
18
19 human body,
19
20 k. hypodermic syringes, needles, and other objects used,
20
21 intended for use, or fashioned specifically for use in
21
22 parenterally injecting controlled dangerous substances
22
23 into the human body, except as authorized by Section
23
24 2-1101 of this title,
24
Req. No. 889 Page 25
1 l. objects used, intended for use, or fashioned
1
2 specifically for use in ingesting, inhaling, or
2
3 otherwise introducing marijuana, cocaine, hashish, or
3
4 hashish oil into the human body, such as:
4
5 (1) metal, wooden, acrylic, glass, stone, plastic, or
5
6 ceramic pipes with or without screens, permanent
6
7 screens, hashish heads, or punctured metal bowls,
7
8 (2) water pipes,
8
9 (3) carburetion tubes and devices,
9
10 (4) smoking and carburetion masks,
10
11 (5) roach clips, meaning objects used to hold burning
11
12 material, such as a marijuana cigarette, that has
12
13 become too small or too short to be held in the
13
14 hand,
14
15 (6) miniature cocaine spoons and cocaine vials,
15
16 (7) chamber pipes,
16
17 (8) carburetor pipes,
17
18 (9) electric pipes,
18
19 (10) air-driven pipes,
19
20 (11) chillums,
20
21 (12) bongs, or
21
22 (13) ice pipes or chillers,
22
23 m. all hidden or novelty pipes, and
23
24
24
Req. No. 889 Page 26
1 n. any pipe that has a tobacco bowl or chamber of less
1
2 than one-half (1/2) inch in diameter in which there is
2
3 any detectable residue of any controlled dangerous
3
4 substance as defined in this section or any other
4
5 substances not legal for possession or use;
5
6 provided, however, the term drug paraphernalia shall not include
6
7 separation gins intended for use in preparing tea or spice, clamps
7
8 used for constructing electrical equipment, water pipes designed for
8
9 ornamentation in which no detectable amount of an illegal substance
9
10 is found or pipes designed and used solely for smoking tobacco,
10
11 traditional pipes of an American Indian tribal religious ceremony,
11
12 antique pipes that are thirty (30) years of age or older, or drug
12
13 testing strips possessed by a person for purposes of determining the
13
14 presence of fentanyl or a fentanyl-related compound;
14
15 19. "Drug-dependent person" means a person who is using a
15
16 controlled dangerous substance and who is in a state of psychic or
16
17 physical dependence, or both, arising from administration of that
17
18 controlled dangerous substance on a continuous basis. Drug
18
19 dependence is characterized by behavioral and other responses which
19
20 include a strong compulsion to take the substance on a continuous
20
21 basis in order to experience its psychic effects, or to avoid the
21
22 discomfort of its absence;
22
23 20. "Harm-reduction services" means programs established to:
23
24
24
Req. No. 889 Page 27
1 a. reduce the spread of infectious diseases related to
1
2 injection drug use,
2
3 b. reduce drug dependency, overdose deaths, and
3
4 associated complications, and
4
5 c. increase safe recovery and disposal of used syringes
5
6 and sharp waste;
6
7 21. "Hazardous materials" means materials, whether solid,
7
8 liquid, or gas, which are toxic to human, animal, aquatic, or plant
8
9 life, and the disposal of such materials is controlled by state or
9
10 federal guidelines;
10
11 22. "Home care agency" means any sole proprietorship,
11
12 partnership, association, corporation, or other organization which
12
13 administers, offers, or provides home care services, for a fee or
13
14 pursuant to a contract for such services, to clients in their place
14
15 of residence;
15
16 23. "Home care services" means skilled or personal care
16
17 services provided to clients in their place of residence for a fee;
17
18 24. "Hospice" means a centrally administered, nonprofit or for-
18
19 profit, medically directed, nurse-coordinated program which provides
19
20 a continuum of home and inpatient care for the terminally ill
20
21 patient and the patient's family. Such term shall also include a
21
22 centrally administered, nonprofit or for-profit, medically directed,
22
23 nurse-coordinated program if such program is licensed pursuant to
23
24 the provisions of the Uniform Controlled Dangerous Substances Act.
24
Req. No. 889 Page 28
1 A hospice program offers palliative and supportive care to meet the
1
2 special needs arising out of the physical, emotional and spiritual
2
3 stresses which are experienced during the final stages of illness
3
4 and during dying and bereavement. This care is available twenty-
4
5 four (24) hours a day, seven (7) days a week, and is provided on the
5
6 basis of need, regardless of ability to pay. "Class A" Hospice
6
7 refers to Medicare-certified hospices. "Class B" refers to all
7
8 other providers of hospice services;
8
9 25. "Imitation controlled substance" means a substance that is
9
10 not a controlled dangerous substance, which by dosage unit
10
11 appearance, color, shape, size, markings or by representations made,
11
12 would lead a reasonable person to believe that the substance is a
12
13 controlled dangerous substance, or is a drug intended solely for
13
14 veterinary purposes that is not a controlled dangerous substance and
14
15 is being used outside of the scope of practice or normal course of
15
16 business, as defined by the State Board of Veterinary Medical
16
17 Examiners, or is a federal Food and Drug Administration-approved
17
18 drug that is not a controlled dangerous substance and is being used
18
19 outside the scope of approval for illicit purposes such as
19
20 adulterating or lacing other controlled dangerous substances. In
20
21 the event the appearance of the dosage unit or use is not reasonably
21
22 sufficient to establish that the substance is an imitation
22
23 controlled substance, the court or authority concerned should
23
24 consider, in addition to all other factors, the following factors:
24
Req. No. 889 Page 29
1 a. statements made by an owner or by any other person in
1
2 control of the substance concerning the nature of the
2
3 substance, or its use or effect,
3
4 b. statements made to the recipient that the substance
4
5 may be resold for inordinate profit,
5
6 c. whether the substance is packaged in a manner normally
6
7 used for illicit controlled substances,
7
8 d. evasive tactics or actions utilized by the owner or
8
9 person in control of the substance to avoid detection
9
10 by law enforcement authorities,
10
11 e. prior convictions, if any, of an owner, or any other
11
12 person in control of the object, under state or
12
13 federal law related to controlled substances or fraud,
13
14 and
14
15 f. the proximity of the substances to controlled
15
16 dangerous substances;
16
17 26. "Immediate precursor" means a substance which the Director
17
18 has found to be and by regulation designates as being the principal
18
19 compound commonly used or produced primarily for use, and which is
19
20 an immediate chemical intermediary used, or likely to be used, in
20
21 the manufacture of a controlled dangerous substance, the control of
21
22 which is necessary to prevent, curtail or limit such manufacture;
22
23 27. "Initial prescription" means a prescription issued to a
23
24 patient who:
24
Req. No. 889 Page 30
1 a. has never previously been issued a prescription for
1
2 the drug or its pharmaceutical equivalent in the past
2
3 year, or
3
4 b. requires a prescription for the drug or its
4
5 pharmaceutical equivalent due to a surgical procedure
5
6 or new acute event and has previously had a
6
7 prescription for the drug or its pharmaceutical
7
8 equivalent within the past year.
8
9 When determining whether a patient was previously issued a
9
10 prescription for a drug or its pharmaceutical equivalent, the
10
11 practitioner shall consult with the patient and review the medical
11
12 record and prescription monitoring information of the patient;
12
13 28. "Isomer" means the optical isomer, except as used in
13
14 subsections C and F of Section 2-204 of this title and paragraph 4
14
15 of subsection A of Section 2-206 of this title. As used in
15
16 subsections C and F of Section 2-204 of this title, isomer means the
16
17 optical, positional, or geometric isomer. As used in paragraph 4 of
17
18 subsection A of Section 2-206 of this title, the term isomer means
18
19 the optical or geometric isomer;
19
20 29. "Laboratory" means a laboratory approved by the Director as
20
21 proper to be entrusted with the custody of controlled dangerous
21
22 substances and the use of controlled dangerous substances for
22
23 scientific and medical purposes and for purposes of instruction;
23
24
24
Req. No. 889 Page 31
1 30. "Manufacture" means the production, preparation,
1
2 propagation, compounding or processing of a controlled dangerous
2
3 substance, either directly or indirectly by extraction from
3
4 substances of natural or synthetic origin, or independently by means
4
5 of chemical synthesis or by a combination of extraction and chemical
5
6 synthesis. "Manufacturer" includes any person who packages,
6
7 repackages or labels any container of any controlled dangerous
7
8 substance, except practitioners who dispense or compound
8
9 prescription orders for delivery to the ultimate consumer;
9
10 31. "Marijuana" means all parts of the plant Cannabis sativa
10
11 L., whether growing or not; the seeds thereof; the resin extracted
11
12 from any part of such plant; and every compound, manufacture, salt,
12
13 derivative, mixture or preparation of such plant, its seeds or
13
14 resin, but shall not include:
14
15 a. the mature stalks of such plant or fiber produced from
15
16 such stalks,
16
17 b. oil or cake made from the seeds of such plant,
17
18 including cannabidiol derived from the seeds of the
18
19 marijuana plant,
19
20 c. any other compound, manufacture, salt, derivative,
20
21 mixture or preparation of such mature stalks (except
21
22 the resin extracted therefrom), including cannabidiol
22
23 derived from mature stalks, fiber, oil or cake,
23
24
24
Req. No. 889 Page 32
1 d. the sterilized seed of such plant which is incapable
1
2 of germination,
2
3 e. for any person participating in a clinical trial to
3
4 administer cannabidiol for the treatment of severe
4
5 forms of epilepsy pursuant to Section 2-802 of this
5
6 title, a drug or substance approved by the federal
6
7 Food and Drug Administration for use by those
7
8 participants,
8
9 f. for any person or the parents, legal guardians or
9
10 caretakers of the person who have received a written
10
11 certification from a physician licensed in this state
11
12 that the person has been diagnosed by a physician as
12
13 having Lennox-Gastaut syndrome, Dravet syndrome, also
13
14 known as severe myoclonic epilepsy of infancy, or any
14
15 other severe form of epilepsy that is not adequately
15
16 treated by traditional medical therapies, spasticity
16
17 due to multiple sclerosis or due to paraplegia,
17
18 intractable nausea and vomiting, appetite stimulation
18
19 with chronic wasting diseases, the substance
19
20 cannabidiol, a nonpsychoactive cannabinoid, found in
20
21 the plant Cannabis sativa L. or any other preparation
21
22 thereof, that has a tetrahydrocannabinol concentration
22
23 not more than three-tenths of one percent (0.3%) and
23
24
24
Req. No. 889 Page 33
1 that is delivered to the patient in the form of a
1
2 liquid,
2
3 g. any federal Food and Drug Administration-approved drug
3
4 or substance, or
4
5 h. industrial hemp, from the plant Cannabis sativa L. and
5
6 any part of such plant, whether growing or not, with a
6
7 delta-9 tetrahydrocannabinol concentration not more
7
8 than three-tenths of one percent (0.3%) on a dry-
8
9 weight basis which shall only be grown pursuant to the
9
10 Oklahoma Industrial Hemp Program and may be shipped
10
11 intrastate and interstate;
11
12 32. "Medical purpose" means an intention to utilize a
12
13 controlled dangerous substance for physical or mental treatment, for
13
14 diagnosis, or for the prevention of a disease condition not in
14
15 violation of any state or federal law and not for the purpose of
15
16 satisfying physiological or psychological dependence or other abuse;
16
17 33. "Mid-level practitioner" means an Advanced Practice
17
18 Registered Nurse as defined and within parameters specified in
18
19 Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
19
20 animal euthanasia technician as defined in Section 698.2 of Title 59
20
21 of the Oklahoma Statutes, or an animal control officer registered by
21
22 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
22
23 under subsection B of Section 2-301 of this title within the
23
24
24
Req. No. 889 Page 34
1 parameters of such officer's duties under Sections 501 through 508
1
2 of Title 4 of the Oklahoma Statutes;
2
3 34. "Narcotic drug" means any of the following, whether
3
4 produced directly or indirectly by extraction from substances of
4
5 vegetable origin, or independently by means of chemical synthesis,
5
6 or by a combination of extraction and chemical synthesis:
6
7 a. opium, coca leaves and opiates,
7
8 b. a compound, manufacture, salt, derivative or
8
9 preparation of opium, coca leaves or opiates,
9
10 c. cocaine, its salts, optical and geometric isomers, and
10
11 salts of isomers,
11
12 d. ecgonine, its derivatives, their salts, isomers and
12
13 salts of isomers, and
13
14 e. a substance, and any compound, manufacture, salt,
14
15 derivative or preparation thereof, which is chemically
15
16 identical with any of the substances referred to in
16
17 subparagraphs a through d of this paragraph, except
17
18 that the words narcotic drug as used in Section 2-101
18
19 et seq. of this title shall not include decocainized
19
20 coca leaves or extracts of coca leaves, which extracts
20
21 do not contain cocaine or ecgonine;
21
22 35. "Opiate" or "opioid" means any Schedule II, III, IV or V
22
23 substance having an addiction-forming or addiction-sustaining
23
24 liability similar to morphine or being capable of conversion into a
24
Req. No. 889 Page 35
1 drug having such addiction-forming or addiction-sustaining
1
2 liability. The terms do not include, unless specifically designated
2
3 as controlled under the Uniform Controlled Dangerous Substances Act,
3
4 the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
4
5 salts (dextromethorphan). The terms do include the racemic and
5
6 levorotatory forms;
6
7 36. "Opium poppy" means the plant of the species Papaver
7
8 somniferum L., except the seeds thereof;
8
9 37. "Palliative care" means a specialized medical service for
9
10 people of any age and at any stage of a serious illness or life-
10
11 altering medical event that focuses on navigating complex medical
11
12 decisions while providing patient autonomy and access to
12
13 information. Utilizing a holistic and interdisciplinary team
13
14 approach, palliative care addresses physical, intellectual,
14
15 emotional, social, and spiritual needs. Palliative care may be
15
16 provided in the inpatient, outpatient, or home care setting and
16
17 strives to improve quality of life for both the patient and the
17
18 family;
18
19 38. "Patient-provider agreement" means a written contract or
19
20 agreement that is executed between a practitioner and a patient
20
21 prior to the commencement of treatment for chronic pain using an
21
22 opioid drug as a means to:
22
23
23
24
24
Req. No. 889 Page 36
1 a. explain the possible risk of development of physical
1
2 or psychological dependence in the patient and prevent
2
3 the possible development of addiction,
3
4 b. document the understanding of both the practitioner
4
5 and the patient regarding the patient-provider
5
6 agreement of the patient,
6
7 c. establish the rights of the patient in association
7
8 with treatment and the obligations of the patient in
8
9 relation to the responsible use, discontinuation of
9
10 use, and storage of opioid drugs, including any
10
11 restrictions on the refill of prescriptions or the
11
12 acceptance of opioid prescriptions from practitioners,
12
13 d. identify the specific medications and other modes of
13
14 treatment, including physical therapy or exercise,
14
15 relaxation, or psychological counseling, that are
15
16 included as a part of the patient-provider agreement,
16
17 e. specify the measures the practitioner may employ to
17
18 monitor the compliance of the patient including, but
18
19 not limited to, random specimen screens and pill
19
20 counts, and
20
21 f. delineate the process for terminating the agreement,
21
22 including the consequences if the practitioner has
22
23 reason to believe that the patient is not complying
23
24 with the terms of the agreement. Compliance with the
24
Req. No. 889 Page 37
1 consent items described in this paragraph shall
1
2 constitute a valid, informed consent for opioid
2
3 therapy. The practitioner shall be held harmless from
3
4 civil litigation for failure to treat pain if the
4
5 event occurs because of nonadherence by the patient
5
6 with any of the provisions of the patient-provider
6
7 agreement;
7
8 39. "Peace officer" means a police officer, sheriff, deputy
8
9 sheriff, district attorney's investigator, investigator from the
9
10 Office of the Attorney General, or any other person elected or
10
11 appointed by law to enforce any of the criminal laws of this state
11
12 or of the United States;
12
13 40. "Person" means an individual, corporation, government or
13
14 governmental subdivision or agency, business trust, estate, trust,
14
15 partnership or association, or any other legal entity;
15
16 41. "Poppy straw" means all parts, except the seeds, of the
16
17 opium poppy, after mowing;
17
18 42. "Practitioner" means:
18
19 a. (1) a medical doctor or osteopathic physician,
19
20 (2) a dentist,
20
21 (3) a podiatrist,
21
22 (4) an optometrist,
22
23 (5) a veterinarian,
23
24 (6) a physician assistant or,
24
Req. No. 889 Page 38
1 (7) an Advanced Practice Registered Nurse under the
1
2 supervision of a licensed medical doctor or
2
3 osteopathic physician,
3
4 (7) (8) a scientific investigator, or
4
5 (8) (9) any other person,
5
6 licensed, registered or otherwise permitted to
6
7 prescribe, distribute, dispense, conduct research with
7
8 respect to, use for scientific purposes or administer
8
9 a controlled dangerous substance in the course of
9
10 professional practice or research in this state, or
10
11 b. a pharmacy, hospital, laboratory or other institution
11
12 licensed, registered or otherwise permitted to
12
13 distribute, dispense, conduct research with respect
13
14 to, use for scientific purposes or administer a
14
15 controlled dangerous substance in the course of
15
16 professional practice or research in this state;
16
17 43. "Production" includes the manufacture, planting,
17
18 cultivation, growing or harvesting of a controlled dangerous
18
19 substance;
19
20 44. "Serious illness" means a medical illness or physical
20
21 injury or condition that substantially affects quality of life for
21
22 more than a short period of time. Serious illness includes, but is
22
23 not limited to, Alzheimer's disease or related dementias, lung
23
24
24
Req. No. 889 Page 39
1 disease, cancer, heart failure, renal failure, liver failure, or
1
2 chronic, unremitting, or intractable pain such as neuropathic pain;
2
3 45. "State" means the State of Oklahoma or any other state of
3
4 the United States;
4
5 46. "Straw person" or "straw party", also known as a "front",
5
6 means a third party who:
6
7 a. is put up in name only to take part in a transaction
7
8 or otherwise is a nominal party to a transaction with
8
9 no actual control,
9
10 b. acts on behalf of another person to obtain title to
10
11 property and executes documents and instruments the
11
12 principal may direct respecting property, or
12
13 c. purchases property for another for the purpose of
13
14 concealing the identity of the real purchaser or to
14
15 accomplish some purpose otherwise in violation of the
15
16 Oklahoma Statutes;
16
17 47. "Surgical procedure" means a procedure that is performed
17
18 for the purpose of structurally altering the human body by incision
18
19 or destruction of tissues as part of the practice of medicine. This
19
20 term includes the diagnostic or therapeutic treatment of conditions
20
21 or disease processes by use of instruments such as lasers,
21
22 ultrasound, ionizing, radiation, scalpels, probes, or needles that
22
23 cause localized alteration or transportation of live human tissue by
23
24 cutting, burning, vaporizing, freezing, suturing, probing, or
24
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1 manipulating by closed reduction for major dislocations or
1
2 fractures, or otherwise altering by any mechanical, thermal, light-
2
3 based, electromagnetic, or chemical means;
3
4 48. a. "Synthetic controlled substance" means a substance:
4
5 (1) the chemical structure of which is substantially
5
6 similar to the chemical structure of a controlled
6
7 dangerous substance in Schedule I or II,
7
8 (2) which has a stimulant, depressant, or
8
9 hallucinogenic effect on the central nervous
9
10 system that is substantially similar to or
10
11 greater than the stimulant, depressant, or
11
12 hallucinogenic effect on the central nervous
12
13 system of a controlled dangerous substance in
13
14 Schedule I or II, or
14
15 (3) with respect to a particular person, which such
15
16 person represents or intends to have a stimulant,
16
17 depressant, or hallucinogenic effect on the
17
18 central nervous system that is substantially
18
19 similar to or greater than the stimulant,
19
20 depressant, or hallucinogenic effect on the
20
21 central nervous system of a controlled dangerous
21
22 substance in Schedule I or II.
22
23 b. The designation of gamma-butyrolactone or any other
23
24 chemical as a precursor, pursuant to Section 2-322 of
24
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1 this title, does not preclude a finding pursuant to
1
2 subparagraph a of this paragraph that the chemical is
2
3 a synthetic controlled substance.
3
4 c. Synthetic controlled substance does not include:
4
5 (1) a controlled dangerous substance,
5
6 (2) any substance for which there is an approved new
6
7 drug application,
7
8 (3) with respect to a particular person any
8
9 substance, if an exemption is in effect for
9
10 investigational use, for that person under the
10
11 provisions of Section 505 of the Federal Food,
11
12 Drug, and Cosmetic Act, 21 U.S.C., Section 355,
12
13 to the extent conduct with respect to such
13
14 substance is pursuant to such exemption, or
14
15 (4) any substance to the extent not intended for
15
16 human consumption before such an exemption takes
16
17 effect with respect to that substance.
17
18 d. Prima facie evidence that a substance containing
18
19 salvia divinorum has been enhanced, concentrated, or
19
20 chemically or physically altered shall give rise to a
20
21 rebuttable presumption that the substance is a
21
22 synthetic controlled substance;
22
23 49. "Tetrahydrocannabinols" means all substances that have been
23
24 chemically synthesized to emulate the tetrahydrocannabinols of
24
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1 marijuana, specifically including any tetrahydrocannabinols derived
1
2 from industrial hemp; and
2
3 50. "Ultimate user" means a person who lawfully possesses a
3
4 controlled dangerous substance for the person's own use or for the
4
5 use of a member of the person's household or for administration to
5
6 an animal owned by the person or by a member of the person's
6
7 household.
7
8 SECTION 9. AMENDATORY 63 O.S. 2021, Section 2-312, as
8
9 amended by Section 2, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2024,
9
10 Section 2-312), is amended to read as follows:
10
11 Section 2-312. A. A physician, podiatrist, optometrist or a
11
12 dentist who has complied with the registration requirements of the
12
13 Uniform Controlled Dangerous Substances Act, in good faith and in
13
14 the course of such person's professional practice only, may
14
15 prescribe and administer controlled dangerous substances, or may
15
16 cause the same to be administered by medical or paramedical
16
17 personnel acting under the direction and supervision of the
17
18 physician, podiatrist, optometrist or dentist, and only may dispense
18
19 controlled dangerous substances pursuant to the provisions of
19
20 Sections 355.1 and 355.2 of Title 59 of the Oklahoma Statutes.
20
21 B. A veterinarian who has complied with the registration
21
22 requirements of the Uniform Controlled Dangerous Substances Act, in
22
23 good faith and in the course of the professional practice of the
23
24 veterinarian only, and not for use by a human being, may prescribe,
24
Req. No. 889 Page 43
1 administer, and dispense controlled dangerous substances and may
1
2 cause them to be administered by an assistant or orderly under the
2
3 direction and supervision of the veterinarian.
3
4 C. An advanced practice nurse who is recognized to prescribe by
4
5 the Oklahoma Board of Nursing as an advanced registered nurse
5
6 practitioner, clinical nurse specialist or certified nurse-midwife,
6
7 who is subject to medical direction by a supervising physician,
7
8 pursuant to Section 567.3a of Title 59 of the Oklahoma Statutes, and
8
9 who has complied with the registration requirements of the Uniform
9
10 Controlled Dangerous Substances Act, in good faith and in the course
10
11 of professional practice only, may prescribe and administer Schedule
11
12 III, IV and V controlled dangerous substances.
12
13 D. An advanced practice nurse who is recognized to order,
13
14 select, obtain and administer drugs by the Oklahoma Board of Nursing
14
15 as a certified registered nurse anesthetist pursuant to Section
15
16 353.1b of Title 59 of the Oklahoma Statutes and who has complied
16
17 with the registration requirements of the Uniform Controlled
17
18 Dangerous Substances Act, in good faith and in the course of such
18
19 practitioner's professional practice only, may order, select, obtain
19
20 and administer Schedules II through V controlled dangerous
20
21 substances in a preanesthetic preparation or evaluation; anesthesia
21
22 induction, maintenance or emergence; or postanesthesia care setting
22
23 only. A certified registered nurse anesthetist may order, select,
23
24
24
Req. No. 889 Page 44
1 obtain and administer such drugs only during the perioperative or
1
2 periobstetrical period.
2
3 E. A physician assistant who is recognized to prescribe by the
3
4 State Board of Medical Licensure and Supervision under the medical
4
5 direction of a supervising physician, pursuant to Section 519.6 of
5
6 Title 59 of the Oklahoma Statutes, and who has complied with the
6
7 registration requirements of the Uniform Controlled Dangerous
7
8 Substances Act, in good faith and in the course of professional
8
9 practice only, may prescribe and administer Schedule:
9
10 1. Schedules II through V controlled dangerous substances if
10
11 the physician assistant practices under a practice agreement with a
11
12 delegating physician as provided by Section 519.6 of Title 59 of the
12
13 Oklahoma Statutes; or
13
14 2. Schedules III through V controlled dangerous substances if
14
15 the physician assistant does not practice under a practice agreement
15
16 as provided by Section 519.6 of Title 59 of the Oklahoma Statutes.
16
17 SECTION 10. REPEALER 59 O.S. 2021, Section 521.4, is
17
18 hereby repealed.
18
19 SECTION 11. This act shall become effective November 1, 2025.
19
20
20
21 60-1-889 DC 1/19/2025 5:43:47 AM
21
22
22
23
23
24
24
Req. No. 889 Page 45Every fact on this page links to its source, starting with the official bill record.