ENROLLED HOUSE
BILL NO. 1419	By:	Morrissette, Sherrer, Biggs, Hoskin and Ownbey of the House

				and

		Standridge and Sharp of the Senate

An Act relating to public health and safety; amending 63 O.S. 2011, Section 2-106, which relates to powers and duties of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; directing certain notification be sent to practitioners under certain circumstances; amending 63 O.S. 2011, Section 2-309F, which relates to the Anti-Drug Diversion Act; authorizing the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to enter into agreements and contracts for certain purpose; and providing an effective date.

SUBJECT:  Drugs

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2-106, is amended to read as follows:

Section 2-106.  A.  The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall, in addition to other powers and duties vested in the Director:

1.  Cooperate with federal and other state agencies in discharging the responsibilities concerning traffic in narcotics and dangerous substances and in suppressing the abuse of dangerous substances;

2.  Arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances;

3.  Coordinate and cooperate in training programs on dangerous substances law enforcement at the local and state levels;

4.  Cooperate with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control by establishing a centralized unit which will accept, catalog, file and collect statistics, including records of drug-dependent persons and other dangerous substance law offenders within the state, and make such information available for federal, state and local law enforcement purposes; and may collect and furnish statistics for other appropriate purposes; and

5.  Coordinate and cooperate in programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled dangerous substances may be extracted.

B.  Results, information and evidence received from the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control relating to the regulatory functions of this act, including results of inspections conducted by that agency, may be relied upon and acted upon by the Director in conformance with the regulatory functions under this act.

C.  The Director is further authorized and directed to:

1.  Coordinate and cooperate in educational programs designed to prevent and deter misuse and abuse of controlled dangerous substances;

2.  Promote better recognition of the problems of misuse and abuse of controlled dangerous substances within the regulated industry and among interested groups and organizations;

3.  Assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled dangerous substances;

4.  Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

5.  Assist in evaluating procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled dangerous substances;
6.  Disseminate the results of research on misuse and abuse of controlled dangerous substances to promote a better public understanding of what problems exist and what can be done to combat them;

7.  Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled dangerous substances;

8.  Conduct an annual seminar to be attended by selected law enforcement officers in order to teach new techniques and advances in the investigation of violations of the Uniform Controlled Dangerous Substances Act; and

9.  Supervise and direct agents appointed in the performance of their function of enforcement of the provisions of this act.

D.  The Director is further authorized and directed to:

1.  Encourage research on misuse and abuse of controlled dangerous substances;

2.  Cooperate in establishing methods to assess accurately the effects of controlled dangerous substances and to identify and characterize controlled dangerous substances with potential for abuse; and

3.  Cooperate in making studies and in undertaking programs of research to:

a.	develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this act,

b.	determine patterns of misuse and abuse of controlled dangerous substances and the social effects thereof, and

c.	improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled dangerous substances.

E.  The Director shall prepare a yearly report on all deaths and nonfatal overdoses which were the result or probable result of abuse of a controlled dangerous substance.  The yearly report shall be limited to statistical information including, but not limited to, the county where the death or nonfatal overdose occurred, age, race, gender, type of controlled dangerous substances involved in the death or nonfatal overdose, and the method in which the controlled dangerous substance was obtained by the person, when available.

F.  The Director may enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled dangerous substances.

G.  The Director may enter into contracts for educational and research activities without performance bonds.

H.  The Director may authorize persons engaged in research or scientific activities on the use and effects of dangerous substances to withhold the names and other identifying characteristics of persons who are the subjects of such research.  Persons who obtain this authorization may not be compelled in any state civil, criminal, administrative, legislative or other proceeding to identify the subjects of research for which such authorization was obtained.

I.  The Director may authorize the lawful possession, distribution and use of controlled dangerous substances by persons engaged in research or scientific activities; authorization for possession of controlled dangerous substances may be extended to persons engaged in a program of drug education or persons in the performance of an official duty.  Persons who obtain this authorization shall be exempt from state prosecution for possession, distribution or use of dangerous substances to the extent authorized by the Director.

J.  The Director is authorized to accept gifts, bequests, devises, contributions and grants, public or private, including federal funds or funds from any other source for use in furthering the purpose of the office of the Director.

K.  The Director is authorized to purchase or sell real property, together with appurtenances, in the name of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control upon approval of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission.

L.  The Director is authorized to purchase and maintain motor vehicles and other equipment for use by the employees of the Bureau.

M.  The Director shall be in charge of all monies appropriated for or deposited to the credit of the office of the Director and is authorized to approve claims and payrolls as provided in Section 41.26 of Title 62 of the Oklahoma Statutes.

N.  The Director shall have the authority of a peace officer and is authorized to commission assistants of the office as peace officers.

O.  Upon determining that a practitioner is prescribing a controlled dangerous substance to a person engaged in fraudulent or deceptive efforts to fill or refill multiple prescriptions for controlled dangerous substances, the Director shall provide written or electronic notification alerting the practitioner to the possibility that the person may be unlawfully obtaining prescription drugs in violation of the Uniform Controlled Dangerous Substances Act.

SECTION 2.     AMENDATORY     63 O.S. 2011, Section 2-309F, is amended to read as follows:

Section 2-309F.  A.  The central repository provided by the Anti-Drug Diversion Act shall:

1.  Be capable of providing the collected information in forms required by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, including but not limited to, dispensations by prescriber name or registration number, dispenser name or registration number, recipient name or identification number, type of substance, frequency, quantity, and location of dispensation;

2.  Provide the Bureau with continual, twenty-four-hour per day, on-line access to the collected information;

3.  Secure the collected information against access by unauthorized persons;

4.  Provide the Bureau, in a reasonable time, with all collected information in a format readily usable by the Bureau, in the event the relationship between the state and central repository is terminated; and

5.  Not withhold access to the collected information for any reason other than failure of the Bureau to timely pay agreed fees and charges for use of the central repository.

B.  The Bureau is authorized to enter into a contract with a vendor to serve as the central repository provided for in the Anti-Drug Diversion Act or to purchase the necessary equipment to create the central repository within the Bureau.  The Bureau is authorized to enter into agreements and contracts with vendors as necessary to facilitate the electronic transmission of data contained within the central repository to registrants and other persons as provided for in Section 2-309D of this title.  The central repository shall not be subject to the provisions of Sections 34.6 through 34.33 of Title 62 of the Oklahoma Statutes and shall be maintained and controlled by personnel of the Bureau pursuant to the confidentiality requirements provided for in Section 2-309D of this title.

SECTION 3.  This act shall become effective November 1, 2013.

Passed the House of Representatives the 15th day of May, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 23rd day of May, 2013.

	
	Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________