Okla. Stat. tit. 43A, § 43A-3-601: Opioid substitution treatment programs – Definitions –

Rules and standards - Violations.

A. Any Class II controlled dangerous substance, when used in

this state by an opioid substitution treatment program for persons

with a history of opioid addiction to or physiologic dependence on

controlled dangerous substances, shall only be used:

1. In treating persons with a history of addiction;

2. In treating persons with a one-year history of opioid

addiction to or physiologic dependence on controlled dangerous

substances, as defined by the Code of Federal Regulations, and

documentation of attempting another type of treatment; or

3. If clinically appropriate, the program physician may waive

the requirement of a one-year history of opioid addiction for

consumers within six (6) months of release from a penal institution,

for consumers with a pregnancy verified by the program physician, or

for consumers having previously received treatment for opioid

addiction and within two (2) years of discharge from that treatment

episode.

B. Any conviction for a violation of the provisions of this

section or any rules promulgated pursuant to the provisions of this

section shall be a Class D1 felony offense and shall be punished as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes.

C. For the purposes of this section, “opioid substitution

treatment program” means a person, private physician, or

organization that administers or dispenses an opioid drug to a

narcotic addict for the purposes of detoxification or maintenance

treatment or provides, when necessary and appropriate, comprehensive

medical and rehabilitation services. A private physician who

administers buprenorphine with a waiver from the Drug Enforcement

Administration shall not be considered an opioid substitution

treatment program.

D. An opioid substitution treatment program shall be certified

by the Board of Mental Health and Substance Abuse Services, or the

Commissioner of Mental Health and Substance Abuse Services upon

delegation by the Board, and registered with the federal Drug

Enforcement Administration for the use of an opioid drug to treat

narcotic addiction.

E. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for the certification of all

programs, private facilities, and organizations which provide opioid

substitution treatment directed to those physiologically dependent

on or addicted to opioids. These facilities and organizations shall

be known as “Opioid Substitution Treatment Programs”. Only

certified facilities may receive and assist opioid-dependent and

addicted persons by providing Class II controlled substances in

opioid substitution treatment and rehabilitation.

F. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards regulating the treatment and

services provided by opioid substitution treatment programs.

Failure to comply with rules and standards promulgated by the Board

shall be grounds for revocation, suspension or nonrenewal of

certification.

G. An opioid substitution treatment program shall comply with

all federal requirements for opioid treatment programs provided by

42 C.F.R., Subpart C including but not limited to the requirement to

provide drug abuse testing services provided by 42 C.F.R., Section

8.12(f)(6). Drug abuse testing shall be directly observed by an

employee or contractor of the opioid substitution treatment program.

H. Opioid substitution treatment programs shall notify the

Department of Mental Health and Substance Abuse Services of plans to

close or relocate within a minimum of thirty (30) days prior to

closure or relocation.

I. Failure to comply with rules and standards promulgated by

the Board of Mental Health and Substance Abuse Services pursuant to

ctor of the opioid substitution treatment program.

H. Opioid substitution treatment programs shall notify the

Department of Mental Health and Substance Abuse Services of plans to

close or relocate within a minimum of thirty (30) days prior to

closure or relocation.

I. Failure to comply with rules and standards promulgated by

the Board of Mental Health and Substance Abuse Services pursuant to

this section or failure to comply with the requirements of 42

C.F.R., Subpart C shall be grounds for reprimand, suspension,

revocation or nonrenewal of certification.