§ 63-2-302 — Registration requirements.

Oklahoma § 63-2-302

• Jurisdiction: Oklahoma
• Title 63: Public Health And Safety

Text

A. Every person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes any controlled dangerous substance within or into this state, or who proposes to engage in the manufacture, distribution, dispensing, prescribing, administering or use for scientific purposes of any controlled dangerous substance within or into this state shall obtain a registration issued by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, in accordance with rules promulgated by the Director. Persons registered by the Director under Section 2-101 et seq. of this title to manufacture, distribute, dispense or conduct research with controlled dangerous substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of the Uniform Controlled Dangerous Substances Act. Every wholesaler, manufacturer or distributor of any drug product containing pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, shall obtain a registration issued by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control in accordance with rules promulgated by the Director and as provided for in Section 2-332 of this title. Any person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes any controlled dangerous substances within or into this state without first obtaining a registration issued by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall be subject to the same statutory and administrative jurisdiction of the Director as if that person were an applicant or registrant. B. Out-of-state pharmaceutical suppliers who provide controlled dangerous substances to individuals within this state shall obtain a registration issued by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, in accordance with rules promulgated by the Director. This provision shall also apply to wholesale distributors who distribute controlled dangerous substances to pharmacies or other entities registered within this state in accordance with rules promulgated by the Director. C. Every person who owns in whole or in part a public or private medical facility for which a majority of patients are issued on a reoccurring monthly basis a prescription for opioids, benzodiazepines, barbiturates or carisoprodol, but not including buprenorphine with naloxone or buprenorphine as used for medication- assisted treatment services, shall obtain a registration issued by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. D. Every manufacturer and distributor required to register under the provisions of this section shall provide all data required pursuant to 21 U.S.C., Section 827(d)(1) on a monthly basis to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. Controlled dangerous substances in Schedule I shall be reported in accordance with rules promulgated by the Director. Reporting of controlled dangerous substances pursuant to 21 U.S.C., Section 827(d)(1) shall include, but not be limited to: 1. The manufacturer’s or distributor’s name, address, phone number, DEA registration number and controlled dangerous substance registration number issued by the Bureau; 2. The name, address and DEA registration number of the entity to whom the controlled dangerous substance was sold; 3. The date of the sale of the controlled dangerous substance; 4. The name and National Drug Code of the controlled dangerous substance sold; and 5. The number of containers and the strength and quantity of controlled dangerous substances in each container sold. E. The information maintained and provided pursuant to subsection D of this section shall be confidential and not open to the public. Access to the information shall, at the discretion of the Director, be limited to: 1. Peace officers certified pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes who are employed as investigative agents of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or the Office of the Attorney General; 2. The United States Drug Enforcement Administration Diversion Group Supervisor; and 3. A multicounty grand jury properly convened pursuant to the provisions of the Multicounty Grand Jury Act. F. Manufacturers, distributors, home care agencies, hospices, home care services, medical facility owners referred to in subsection C of this section and scientific researchers shall obtain a registration annually. Other practitioners shall obtain a registration for a period to be determined by the Director that will be for a period not less than one (1) year nor more than three (3) years. G. Every trainer or handler of a canine controlled dangerous substances detector who, in the ordinary course of such trainer’s or handler’s profession, desires to possess any controlled dangerous substance, annually, shall obtain a registration issued by the Director for a fee of Seventy Dollars ($70.00). Such persons shall be subject to all applicable provisions of Section 2-101 et seq. of this title and such applicable rules promulgated by the Director for those individuals identified in subparagraph a of paragraph 32 of Section 2-101 of this title. Persons registered by the Director pursuant to this subsection may possess controlled dangerous substances to the extent authorized by their registration and in conformity with the other provisions of the Uniform Controlled Dangerous Substances Act. H. The following persons shall not be required to register and may lawfully possess controlled dangerous substances under the provisions of Section 2-101 et seq. of this title: 1. An agent, or an employee thereof, of any registered manufacturer, distributor, dispenser or user for scientific purposes of any controlled dangerous substance, if such agent is acting in the usual course of such agent’s or employee’s business or employment; 2. Any person lawfully acting under the direction of a person authorized to administer controlled dangerous substances under Section 2-312 of this title; 3. A common or contract carrier or warehouser, or an employee thereof, whose possession of any controlled dangerous substance is in the usual course of such carrier’s or warehouser’s business or employment; 4. An ultimate user or a person in possession of any controlled dangerous substance pursuant to a lawful order of a practitioner; 5. An individual pharmacist acting in the usual course of such pharmacist’s employment with a pharmacy registered pursuant to the provisions of Section 2-101 et seq. of this title; 6. A nursing home licensed by this state; 7. Any Department of Mental Health and Substance Abuse Services employee or any person whose facility contracts with the Department of Mental Health and Substance Abuse Services whose possession of any dangerous drug, as defined in Section 353.1 of Title 59 of the Oklahoma Statutes, is for the purpose of delivery of a mental health consumer’s medicine to the consumer’s home or residence; 8. Registered nurses and licensed practical nurses; and 9. An assisted living facility licensed by this state. I. The Director may, by rule, waive the requirement for registration or fee for registration of certain manufacturers, distributors, dispensers, prescribers, administrators or users for scientific purposes if the Director finds it consistent with the public health and safety. J. A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes controlled dangerous substances. K. The Director is authorized to inspect the establishment of a registrant or applicant for registration in accordance with rules promulgated by the Director. L. No person engaged in a profession or occupation for which a license to engage in such activity is provided by law shall be registered under the Uniform Controlled Dangerous Substances Act unless such person holds a valid license of such person’s profession or occupation. M. Registrations shall be issued on the first day of November of each year and shall expire annually. Registrations may be issued at other times, however, upon certification of the professional licensing board. Registration applications shall be required annually thereafter. N. The licensing boards of all professions and occupations to which the use of controlled dangerous substances is incidental shall furnish a current list to the Director, not later than the first day of October of each year, of the persons holding valid licenses. All such persons except persons exempt from registration requirements under subsection H of this section shall be subject to the registration requirements of Section 2-101 et seq. of this title. O. The licensing board of any professional defined as a mid- level practitioner shall notify and furnish to the Director, not later than the first day of October of each year, that such professional holds a valid license, a current listing of individuals licensed and registered with their respective boards to prescribe, order, select, obtain and administer controlled dangerous substances. The licensing board shall immediately notify the Director of any action subsequently taken against any such individual. P. Beginning November 1, 2010, each registrant that prescribes, administers or dispenses methadone shall be required to check the prescription profile of the patient on the central repository of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. Q. All legal entities applying for or approved for registration shall disclose to the Director all beneficial owners of the legal entity. Publicly traded entities shall be exempt from full disclosure; provided that, the publicly traded entity discloses to the Director all beneficial owners who exercise authority or control over controlled dangerous substances at each registered location. R. No registration, or any authority conferred thereby, shall be leased, assigned, or otherwise transferred. No registration shall be transferrable on change of ownership or business activity.

Legislative History

Added by Laws 1971, c. 119, § 2-302, operative Sept. 1, 1971. Amended by Laws 1972, c. 43, § 1, emerg. eff. March 9, 1972; Laws 1987, c. 138, § 5, emerg. eff. June 19, 1987; Laws 1990, c. 232, § 4, emerg. eff. May 18, 1990; Laws 1991, c. 306, § 3, emerg. eff. June 4, 1991; Laws 1996, c. 306, § 4, emerg. eff. June 10, 1996; Laws 1997, c. 250, § 11, eff. Nov. 1, 1997; Laws 1998, c. 142, § 1, eff. July 1, 1998; Laws 2003, c. 226, § 1; Laws 2004, c. 5, § 59, emerg. eff. March 1, 2004; Laws 2005, c. 40, § 2, eff. July 1, 2005; Laws 2010, c. 323, § 2, eff. Nov. 1, 2010; Laws 2018, c. 251, § 1, eff. Nov. 1, 2018; Laws 2019, c. 25, § 36, emerg. eff. April 4, 2019; Laws 2020, c. 161, § 57, emerg. eff. May 21, 2020; Laws 2021, c. 553, § 29, eff. Nov. 1, 2021; Laws 2023, c. 103, § 1, eff. Nov. 1, 2023; Laws 2024, c. 328, § 1, eff. Nov. 1, 2024. NOTE: Laws 2003, c. 133, § 1 repealed by Laws 2004, c. 5, § 60, emerg. eff. March 1, 2004. Laws 2018, c. 250, § 1 repealed by Laws 2019, c. 25, § 37, emerg. eff. April 4, 2019. Laws 2019, c. 428, § 17 repealed by Laws 2020, c. 161, § 58, emerg. eff. May 21, 2020.