Okla. Stat. tit. 63, § 63-2-309D

Access - Disclosure - Penalties - Liability.

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. 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,

i. Board of Examiners in Optometry,

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j. Oklahoma Board of Nursing,

k. Office of the Chief Medical Examiner, and

l. State Board of Health;

4. A multicounty grand jury properly convened pursuant to the

Multicounty Grand Jury Act;

5. Medical practitioners employed by the United States

Department of Veterans Affairs, the United States Military, or other

federal agencies treating patients in this state;

6. At the discretion of the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, medical

practitioners and their staff including those employed by the

federal government in this state; and

7. The members of the Opioid Overdose Fatality Review Board for

the purpose of carrying out the duties prescribed by Section 2-1001

of this title.

B. This section shall not prevent access, at the discretion of

the Director of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, to investigative information by peace officers and

investigative agents of federal, state, tribal, 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, designated legal, communications, and analytical

employees of the Bureau, 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 for statistical,

research, substance abuse prevention, or educational purposes,

provided that consumer confidentiality is not compromised.

D. 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 prescription-monitoring-program

information to prescription-monitoring programs of other states

provided a reciprocal data-sharing agreement is in place.

E. The Department of Mental Health and Substance Abuse Services

and the State Department of Health may utilize the information in

the central repository for statistical, research, substance abuse

prevention, or educational purposes, provided that consumer

confidentiality is not compromised.

F. 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.

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G. 1. Registrants shall have access to the central repository

for the purposes of patient treatment and to aid in 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.

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G. 1. Registrants shall have access to the central repository

for the purposes of patient treatment and to aid in the

determination in prescribing or screening new patients. The

physician or designee shall provide, upon request by the patient,

the history of the patient or the query history of the patient.

2. a. Prior to prescribing or authorizing for refill, if one

hundred eighty (180) days have elapsed prior to the

previous access and check, of opiates, synthetic

opiates, semisynthetic opiates, benzodiazepine or

carisoprodol to a patient of record, registrants or

members of their medical or administrative staff shall

be required to access the information in the central

repository to assess medical necessity and the

possibility that the patient may be unlawfully

obtaining prescription drugs in violation of the

Uniform Controlled Dangerous Substances Act. The duty

to access and check shall not alter or otherwise amend

appropriate medical standards of care. The registrant

or medical provider shall note in the patient file

that the central repository has been checked and may

maintain a copy of the information.

b. The requirements set forth in subparagraph a of this

paragraph shall not apply:

(1) to medical practitioners who prescribe the

controlled substances set forth in subparagraph a

of this paragraph for hospice or end-of-life

care, or

(2) for a prescription of a controlled substance set

forth in subparagraph a of this paragraph that is

issued by a practitioner for a patient residing

in a nursing facility as defined by Section 1-

1902 of this title, provided that the

prescription is issued to a resident of such

facility.

3. 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.

4. The failure of a registrant to access and check the central

repository as required under state or federal law or regulation may,

after investigation, be grounds for the licensing board of the

registrant to take disciplinary action against the registrant.

H. The Board of Podiatric Medical Examiners, the Board of

Dentistry, the State Board of Medical Licensure and Supervision, the

Board of Examiners in Optometry, the Oklahoma Board of Nursing, the

State Board of Osteopathic Examiners and the State Board of

Veterinary Medical Examiners shall have the sole responsibility for

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enforcement of the provisions of subsection G of this section.

Nothing in this section shall be construed so as to permit the

Director of the State Bureau of Narcotics and Dangerous Drugs

Control to assess administrative fines provided for in Section 2-304

of this title.

I. The Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, or a designee thereof, shall provide a

monthly list to the Directors of the Board of Podiatric Medical

Examiners, the Board of Dentistry, the State Board of Medical

Licensure and Supervision, the Board of Examiners in Optometry, the

Oklahoma Board of Nursing, the State Board of Osteopathic Examiners

and the State Board of Veterinary Medical Examiners of the top

twenty prescribers of controlled dangerous substances within their

respective areas of jurisdiction. Upon discovering that a

registrant is prescribing outside the limitations of his or her

licensure or outside of drug registration rules or applicable state

laws, the respective licensing board shall be notified by the Bureau

in writing. Such notifications may be considered complaints for the
twenty prescribers of controlled dangerous substances within their

respective areas of jurisdiction. Upon discovering that a

registrant is prescribing outside the limitations of his or her

licensure or outside of drug registration rules or applicable state

laws, the respective licensing board shall be notified by the Bureau

in writing. Such notifications may be considered complaints for the

purpose of investigations or other actions by the respective

licensing board. Licensing boards shall have exclusive jurisdiction

to take action against a licensee for a violation of subsection G of

this section.

J. Information regarding fatal and 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, state agencies and boards provided in

subsection A of this section, 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.

K. 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.

L. Upon completion of an investigation in which it is

determined that a death was caused by an overdose, either

intentionally or unintentionally, of a controlled dangerous

substance, the medical examiner shall be required to report the

decedent's name and date of birth to the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control. The Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control shall be required to maintain

a database containing the classification of medical practitioners

who prescribed or authorized controlled dangerous substances

pursuant to this subsection.

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M. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control is authorized to provide unsolicited notification to the

licensing board of a pharmacist or practitioner if a patient has

received one or more prescriptions for controlled substances in

quantities or with a frequency inconsistent with generally

recognized standards of safe practice. An unsolicited notification

to the licensing board of the practitioner pursuant to this section:

1. Is confidential;

2. May not disclose information that is confidential pursuant

to this section; and

3. May be in a summary form sufficient to provide notice of the

basis for the unsolicited notification.

N. Except as otherwise provided for in subsections A and B of

this section, any information collected at the central repository,

as outlined in Section 2-309C of this title, shall:

1. Be confidential by law and privileged;

2. Not be subject to the Oklahoma Open Records Act;

3. Not be subject to subpoena; and

4. Not be subject to discovery or admissible in evidence in any

private civil action.