ENGROSSED SENATE
BILL NO. 1821	By:	Griffin of the Senate

			and

		Cox, Pittman, and Ownbey of the House

[ Anti-Drug Diversion Act - central repository information - certain persons - disclosure of certain information - access to central repository information - immunity - violations - hospice or end-of-life care - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2-309D, as last amended by Section 1, Chapter 162, O.S.L. 2013 (63 O.S. Supp. 2013, 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,
f.	State Board of Veterinary Medical Examiners,
g.	Oklahoma Health Care Authority,
h.	Department of Mental Health and Substance Abuse Services, and
i.	State Board of Health;
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;
4.  A multicounty grand jury properly convened pursuant to the Multicounty Grand Jury Act; and
5.  The Department of Mental Health and Substance Abuse Services and the State Department of Health for statistical, research, substance abuse prevention or educational purposes, provided that the consumer's confidentiality is not compromised; and
6.  At the discretion of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, medical practitioners and their staff who are employed by the federal government in this state.
B.  This section shall not prevent the disclosure, at the discretion of the Director of the Oklahoma State 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, civil or administrative investigations or prosecutions within their respective jurisdictions, and to registrants in furtherance of efforts to guard against the diversion of controlled dangerous substances.
C.  This section shall not prevent the disclosure, at the discretion of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, of statistical information gathered from the central repository to the general public which shall be limited to types and quantities of controlled substances dispensed and the county where dispensed.
D.  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.
E.  Notwithstanding the provisions of subsection B of this section, registrants shall have no requirement or obligation to access or check the information in the central repository prior to dispensing or administering medications or as part of their professional practices Prior to prescribing or authorization of a refill of any controlled dangerous substance, registrants or members of their medical or administrative staff shall access and verify the information in the central repository.  Such information shall be reviewed by the registrant to assess medical necessity and the possibility that the person may be unlawfully obtaining prescription drugs in violation of the Uniform Controlled Dangerous Substances Act.  The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall provide adequate means and procedures allowing access to central repository information for registrants lacking direct computer access.  A record of compliance with these prescriptive requirements shall be placed in the medical file of the individual for whom the prescription is provided.  Any subsequent disclosure of that information to the individual for whom the prescription is provided, either orally or through production of medical records, shall not constitute an authorized disclosure of central repository information.  Such duty to access and check shall not alter or otherwise amend appropriate medical standards of care.  Registrants shall not be liable for any claim for damages for reporting the drug-seeking behavior of an individual following a check of the information in the central repository pursuant to this title.  Violation of this duty shall be enforced, as appropriate, through administrative action taken pursuant to Section 2-304 of this title.  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.
1.  There shall be no requirement to access and check the information in the central repository for prescriptions for hospice or end-of-life care.
2.  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.
F.  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, 2014.
Passed the Senate the 5th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives