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State of Oklahoma 1 STATE OF OKLAHOMA 2 2nd Session of the 53rd Legislature (2012) 3 COMMITTEE SUBSTITUTE FOR 4 HOUSE BILL NO. 2808 By: Roberts (Sean) 5 6 7 COMMITTEE SUBSTITUTE 8 An Act relating to public health and safety; amending 63 O.S. 2011, Section 2-210, which relates to 9 Schedule IV controlled substances; prohibiting the sale of certain products except by certain 10 individuals; requiring determination be made prior to dispensing certain products; providing basis of 11 determination; permitting State Board of Pharmacy to adopt certain rules, review determinations, and take 12 disciplinary action; excluding civil liability from certain determination; prohibiting certain 13 individuals from selling certain products to certain underage individuals; requiring proof of age and 14 identity prior to sale of certain products; defining term; permitting Board to adopt rules which add to 15 list of certain drugs; and providing an effective date. 16 17 18 19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 20 SECTION 1. AMENDATORY 63 O.S. 2011, Section 2-210, is 21 amended to read as follows: 22 Section 2-210. A. Any material, compound, mixture, or 23 preparation which contains any quantity of the following substances 24 Req. No. 9906 Page 1 1 having a potential for abuse associated with a stimulant or 2 depressant effect on the central nervous system: 3 1. Chloral betaine; 4 2. Chloral hydrate; 5 3. Ethchlorvynol; 6 4. Ethinamate; 7 5. Meprobamate; 8 6. Paraldehyde; 9 7. Petrichloral; 10 8. Diethylpropion; 11 9. Phentermine; 12 10. Pemoline; 13 11. Chlordiazepoxide; 14 12. Chlordiazepoxide and its salts, but not including 15 chlordiazepoxide hydrochloride and clidinium bromide or 16 chlordiazepoxide and water-soluble esterified estrogens; 17 13. Diazepam; 18 14. Oxazepam; 19 15. Clorazepate; 20 16. Flurazepam and its salts; 21 17. Clonazepam; 22 18. Barbital; 23 19. Mebutamate; 24 20. Methohexital; Req. No. 9906 Page 2 1 21. Methylphenobarbital; 2 22. Phenobarbital; 3 23. Fenfluramine; 4 24. Pentazocine; 5 25. Propoxyphene; 6 26. Butorphanol; 7 27. Alprazolam; 8 28. Halazepam; 9 29. Lorazepam; 10 30. Prazepam; 11 31. Temazepam; 12 32. Triazolam; 13 33. Carisoprodol; 14 34. Ephedrine, its salts, optical isomers, and salts of optical 15 isomers as the only active ingredient, or in combination with other 16 active ingredients; 17 35. Dichloralphenazone; 18 36. Estazolam; 19 37. Eszopiclone; 20 38. Midazolam; 21 39. Modafinil; 22 40. Zaleplon; or 23 41. Zolpidem. 24 Req. No. 9906 Page 3 1 B. 1. The following nonnarcotic substances, which may, under 2 the Federal Food, Drug, and Cosmetic Act (21 U.S.C., Section 301), 3 be lawfully sold over the counter without a prescription, are 4 excluded from all schedules of controlled substances under this 5 title: 6 a. Breathe-Aid, 7 b. BronCare, 8 c. Bronchial Congestion, 9 d. Bronkaid Tablets, 10 e. Bronkaid Dual Action Caplets, 11 f. Bronkotabs, 12 g. Bronkolixir, 13 h. NeoRespin, 14 i. Pazo Hemorrhoid Ointment and Suppositories, 15 j. Primatene Tablets, 16 k. Primatene "Dual Action" Formula, 17 l. Quelidrine, 18 m. Resp, and 19 n. Vatronal Nose Drops. 20 2. At the request of any person, the Director may exempt any 21 other drug product containing ephedrine from being included as a 22 Schedule IV controlled substance if such product: 23 24 Req. No. 9906 Page 4 1 a. is labeled and marketed in a manner consistent with 2 the pertinent OTC tentative final or final monograph 3 issued by the FDA, and 4 b. is manufactured and distributed for legitimate 5 medicinal use and in a manner that reduces or 6 eliminates the likelihood of abuse. 7 3. In making a determination regarding a drug product, the 8 Director, after notice and hearing, shall consider the following: 9 a. the history and current pattern of abuse, 10 b. the name and labeling of the product, 11 c. the intended manner of distribution, advertising and 12 promotion of the product, and 13 d. other factors as may be relevant to and consistent 14 with the public health and safety. 15 4. The hearing shall be held in accordance with the 16 Administrative Procedures Act. 17 5. A list of current drug products meeting exemption 18 requirements under this subsection may be obtained from the Bureau 19 upon written request. 20 C. The State Board of Pharmacy may except by rule any compound, 21 mixture, or preparation containing any depressant substance listed 22 in subsection A of this section from the application of all or any 23 part of the Uniform Controlled Dangerous Substances Act, Section 2- 24 101 et seq. of this title, if the compound, mixture, or preparation Req. No. 9906 Page 5 1 contains one or more active medicinal ingredients not having a 2 depressant effect on the central nervous system, and if the 3 admixtures are included therein in combinations, quantity, 4 proportion, or concentration that vitiate the potential for abuse of 5 the substances which have a depressant effect on the central nervous 6 system. 7 D. 1. It shall be unlawful for any person to knowingly 8 dispense, sell, transfer, or otherwise furnish in a single 9 transaction a product containing ephedrine, pseudoephedrine, or 10 phenylpropanolamine except in a licensed pharmacy by a licensed 11 pharmacist or a registered pharmacy technician. 12 2. Except under a valid prescription, before dispensing a 13 product containing ephedrine, pseudoephedrine, or 14 phenylpropanolamine, a pharmacist shall make a professional 15 determination, based on a pharmacist-patient relationship, as to 16 whether or not there is a legitimate medical and pharmaceutical need 17 for the drug. 18 3. The determination under paragraph 2 of this subsection may 19 be based on factors including without limitation: 20 a. prior medication-filling history, 21 b. patient screening, and 22 c. other tools that provide professional assurance to the 23 pharmacist that a legitimate medical and 24 pharmaceutical need exists. Req. No. 9906 Page 6 1 4. The State Board of Pharmacy may: 2 a. adopt rules regarding determinations made under 3 paragraphs 2 and 3 of this subsection, 4 b. review determinations made under paragraphs 2 and 3 of 5 this subsection, and 6 c. take appropriate disciplinary action as required. 7 5. A pharmacy or pharmacist is not civilly liable for a 8 determination made for any refusal to dispense, sell, transfer, or 9 otherwise furnish ephedrine, pseudoephedrine, or phenylpropanolamine 10 based on a determination of need, age or identity. 11 6. Unless pursuant to a valid prescription, it is unlawful for 12 a licensed pharmacist or a registered pharmacy technician to 13 knowingly dispense, sell, transfer, or otherwise furnish in a single 14 transaction any product containing ephedrine, pseudoephedrine, or 15 phenylpropanolamine to any person who fails to present proof of age 16 and identity and to any individual under eighteen (18) years of age. 17 The person making the sale shall require proof of age and 18 identity from the purchaser prior to completing the sale. For 19 purposes of this paragraph, “proof of age and identity” means any 20 official document which establishes proof of age and identity issued 21 by a state agency or an identification card issued by the United 22 States Department of Defense to active duty military personnel that 23 contains a description of the person or a photograph of the person, 24 Req. No. 9906 Page 7 1 or both, and gives the person’s date of birth, and a functioning 2 magnetic stripe or bar code. 3 7. The State Board of Pharmacy may adopt rules adding to a list 4 additional nonprescription drugs that are subject to the same 5 restrictions as are imposed for ephedrine, pseudoephedrine, or 6 phenylpropanolamine. 7 SECTION 2. This act shall become effective November 1, 2012. 8 9 53-2-9906 GRS 02/29/12 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Req. No. 9906 Page 8 .
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