STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 620	By:	Brooks

AS INTRODUCED

An Act relating to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; amending 63 O.S. 2011, Section 2-201, which relates to authority to control certain standards and schedules; modifying language; authorizing the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to classify certain products or substances by rule; providing for certain notice, hearings and submission of certified orders to Legislature; providing an effective date for certain rules; adding certain criteria for making certain recommendation or order; authorizing the Director to exclude certain substances from a schedule under certain circumstances; construing authority to control certain products or substances; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2-201, is amended to read as follows:
Section 2-201.  A.  The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall administer the provisions of this act the Uniform Controlled Dangerous Substances Act, except as otherwise provided.
B.  The Board of Pharmacy or the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control by rule may classify new products and noncontrolled products or substances determined to have a potential for abuse as controlled dangerous substances after notice and hearing; provided that such the rule shall be submitted to the next regular session of the Legislature, and such rule shall remain in force and effect unless the Legislature adopts a concurrent resolution of disapproval is passed disapproving the rule.  Hearings on any new product or noncontrolled product or substance shall be conducted by the Board of Pharmacy or by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or by such officers, agents or employees as the Board of Pharmacy or Bureau may designate for the purpose.  The Board of Pharmacy or the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall give appropriate notice of the proposed classification and of the time and place for a its hearing.  The Any rule so promulgated pursuant to this section shall become effective on a date fixed by the Board of Pharmacy or Bureau conducting the hearing.  Such The rule may be amended or repealed in the same manner as provided for its adoption.  Proceedings pursuant to this subsection shall be governed by the Administrative Procedures Act; provided, no duplicate proceeding shall be held for the same product or substance by the Board or Bureau.  A new substance controlled pursuant to this subsection shall be subject to the same regulatory provisions of this act the Uniform Controlled Dangerous Substances Act applicable to the Schedule of substances to which it is classified.
C.  The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control may recommend to the Legislature the addition, deletion or rescheduling of a substance.
D.  In considering whether to make a recommendation or issue an order under this section, the Director of the Oklahoma State Board of Narcotics and Dangerous Drugs Control or the Board of Pharmacy, as the case may be, shall consider the following:
1.  Its actual or relative potential for abuse;
2.  Scientific evidence of its pharmacological effect, if known;
3.  State of current scientific knowledge regarding the substance;
4.  Its history and current pattern of abuse;
5.  The scope, duration, and significance of abuse;
6.  What, if any, risk there is to the public health;
7.  Its psychic or physiological dependence liability; and
8.  Whether the substance is an immediate precursor or principal compound of a substance already controlled under this article; and
9.  Whether the substance has been scheduled on a temporary or permanent basis under federal law.
E.  Substances which are precursors of a controlled precursor shall not be subject to control solely because they such substances are precursors of the controlled precursor.
F.  In addition to the filing requirements of the Administrative Procedures Act, copies of orders issued under this section shall, during the time the Legislature is not in session, be filed with provided to the Chair and Vice Chair of the State Legislative Council's Judiciary Committee the Chairs of the Judiciary Committees of the Oklahoma State Senate and the Oklahoma House of Representatives.
G.  The Board of Pharmacy or the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug and Cosmetic Act and the law of this state, be lawfully sold over the counter without a prescription.
H.  Authority to control and classify new products and noncontrolled products or substances under this section does not extend to distilled spirits, wine, malt beverages or tobacco.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-1150	NP	1/16/2013 3:39:10 PM