ENGROSSED HOUSE
BILL NO. 2574	By:	Ownbey of the House

			    and

		Simpson of the Senate

( public health and safety - amending 63 O.S., Section 2-309D - controlled dangerous substances - 								effective date )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2-309D, is amended to read as follows:
Section 2-309D.  A.  The information collected at the central repository pursuant to the Anti-Drug Diversion Act shall be confidential and shall not be open to the public.  Access to the information shall be limited to:
1.  Peace officers certified pursuant to 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;
2.  The United States Drug Enforcement Administration Diversion Group Supervisor;
3.  The executive director or chief investigator, as designated by each board, of the following state boards:
a.	Board of Podiatric Medical Examiners,
b.	Board of Dentistry,
c.	State Board of Pharmacy,
d.	State Board of Medical Licensure and Supervision,
e.	State Board of Osteopathic Examiners, and
f.	State Board of Veterinary Medical Examiners, and
g.	Oklahoma Health Care Authority;
provided, however, that the executive director or chief investigator of each of these boards shall be limited to access to information relevant to licensees of the employing board of such executive director or chief investigator; and
4.  A multicounty grand jury properly convened pursuant to the Multicounty Grand Jury Act, Sections 350 through 363 of Title 22 of the Oklahoma Statutes.
B.  This section shall not prevent the disclosure, at the discretion of the Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, of investigative information to peace officers and investigative agents of federal, state, county or municipal law enforcement agencies, district attorneys and the Attorney General in furtherance of criminal investigations or prosecutions within their respective jurisdictions, and to registrants in furtherance of efforts to guard against the diversion of controlled dangerous substances.
C.  Any unauthorized disclosure of any information collected at the central repository provided by the Anti-Drug Diversion Act shall be a misdemeanor.  Violation of the provisions of this section shall be deemed willful neglect of duty and shall be grounds for removal from office.
D.  Notwithstanding the provisions of subsection B, registrants Registrants shall have no requirement or obligation to access or check the information in the central repository to review a patient’s or prospective patient’s history as it relates to controlled substances prior to dispensing, prescribing or administering nonemergent medications or, except medications dispensed, prescribed or administered in a nursing home or perioperative or periobstetrical setting as part of their professional practices.  Registrants shall be required to access or check the information in the central repository upon a patient’s initial visit and once a year for each additional year in which the registrant prescribes medication to a patient.  Registrants shall not be liable to any person for any claim of damages as a result of accessing or failing to access the information in the central repository and no lawsuit may be predicated thereon.  Nothing herein shall be construed to relieve a registrant from any duty to monitor and report the sales of certain products pursuant to subsection E of Section 2-309C of this title. 
For purposes of this section only, “registrants” shall exclude pharmacists licensed pursuant to the provisions of the Oklahoma Pharmacy Act.
E.  Information regarding nonfatal overdoses, other than statistical information as required by Section 2-106 of this title, shall be completely confidential.  Access to this information shall be strictly limited to the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or designee, the Chief Medical Examiner, and the registrant that enters the information.  Registrants shall not be liable to any person for a claim of damages for information reported pursuant to the provisions of Section 2-105 of this title.
SECTION 2.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 6th day of March, 2012. 

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate