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STATE OF OKLAHOMA2nd Session of the 53rd Legislature (2012)SENATE BILL 1179By:StanislawskiAS INTRODUCEDAn Act relating to the Uniform Controlled DangerousSubstances Act; amending 63 O.S. 2011, Sections 2-309and 2-309C, which relate to prescriptions anddispensers of certain controlled dangeroussubstances; authorizing electronic prescribing undercertain circumstances; requiring dispensers ofcertain controlled dangerous substances to transmitcertain recipient's agent's information; amending 63O.S. 2011, Section 2-329, which relates to drugcleanup fines; making certain cleanup fines optional;modifying such fines; making such fines apply tocertain violations; redirecting the transfer of suchfines collected from the OSBI Revolving Fund to theBureau of Narcotics Revolving Fund; and providing aneffective date.BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:SECTION 1. AMENDATORY 63 O.S. 2011, Section 2-309, isamended to read as follows:Section 2-309. A. 1. Except for dosages medically requiredfor a period not to exceed forty-eight (48) hours which areadministered by or on direction of a practitioner, other than apharmacist, or medication dispensed directly by a practitioner,other than a pharmacist, to an ultimate user, no controlledReq. No. 1965Page 1
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dangerous substance included in Schedule II, which is a prescriptiondrug as determined under regulation promulgated by the Board ofPharmacy, may be dispensed without the written prescription of apractitioner; provided, that, in emergency situations, as prescribedby the Board of Pharmacy by regulation, such drug may be dispensedupon oral prescription reduced promptly to writing and filed by thepharmacist in a manner to be prescribed by rules and regulations ofthe Director of the Oklahoma State Bureau of Narcotics and DangerousDrugs Control.2. Electronic prescribing may be utilized for Schedules II,III, IV, and V, subject to the requirements set forth in 21 CFR,Section 1311 et seq.3. The transmission of written prescription by practitioner todispensing pharmacy by facsimile or electronic transmission withelectronic signature is permitted only under the followingconditions:a.for Schedule II drugs, the original prescription mustbe presented and verified against the facsimile at thetime the substances are actually dispensed, and theoriginal document must be properly annotated andretained for filing, except:(1)home infusion pharmacy may consider the facsimileto be a "written prescription" as required bythis act Section 2-101 et seq. of this title andReq. No. 1965Page 2
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as required by Title 21 U.S.C., Section 829(a).The facsimile copy of the prescription shall beretained as an original prescription, and it mustcontain all the information required by this actSection 2-101 et seq. of this title and 21 CFR,Section 1306.05(a), including date issued, thepatient's full name and address, and thepractitioner's name, address, DEA registrationnumber, and signature. The exception to theregulations for home infusion/IV therapy isintended to facilitate the means by which homeinfusion pharmacies obtain prescriptions forpatients requiring the frequently modifiedparenteral controlled release administration ofnarcotic substances, but does not extend to thedispensing of oral dosage units of controlledsubstances, and(2)the same exception is granted to patients in LongTerm Care facilities (LTCF), which are filled byand delivered to the facility by a dispensingpharmacy, and(3)an electronic prescription with electronicsignature may serve as an original prescription,Req. No. 1965Page 3
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