{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-309d","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-309D","heading":"Central repository information - Confidentiality -","body":"Access - Disclosure - Penalties - Liability.\n\nA. The information collected at the central repository pursuant\n\nto the Anti-Drug Diversion Act shall be confidential and shall not\n\nbe open to the public. Access to the information shall be limited\n\nto:\n\n1. Peace officers certified pursuant to Section 3311 of Title\n\n70 of the Oklahoma Statutes who are employed as investigative agents\n\nof the Oklahoma State Bureau of Narcotics and Dangerous Drugs\n\nControl;\n\n2. The United States Drug Enforcement Administration Diversion\n\nGroup Supervisor;\n\n3. The executive director or chief investigator, as designated\n\nby each board, of the following state boards:\n\na. Board of Podiatric Medical Examiners,\n\nb. Board of Dentistry,\n\nc. Board of Pharmacy,\n\nd. State Board of Medical Licensure and Supervision,\n\ne. State Board of Osteopathic Examiners,\n\nf. State Board of Veterinary Medical Examiners,\n\ng. Oklahoma Health Care Authority,\n\nh. Department of Mental Health and Substance Abuse\n\nServices,\n\ni. Board of Examiners in Optometry,\n\nj. Oklahoma Board of Nursing,\n\nk. Office of the Chief Medical Examiner, and\n\nl. State Board of Health;\n\n4. A multicounty grand jury properly convened pursuant to the\n\nMulticounty Grand Jury Act;\n\n5. Medical practitioners employed by the United States\n\nDepartment of Veterans Affairs, the United States Military, or other\n\nfederal agencies treating patients in this state;\n\n6. At the discretion of the Director of the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control, medical\n\npractitioners and their staff including those employed by the\n\nfederal government in this state; and\n\n7. The members of the Opioid Overdose Fatality Review Board for\n\nthe purpose of carrying out the duties prescribed by Section 2-1001\n\nof this title.\n\nB. This section shall not prevent access, at the discretion of\n\nthe Director of the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, to investigative information by peace officers and\n\ninvestigative agents of federal, state, tribal, county or municipal\n\nlaw enforcement agencies, district attorneys and the Attorney\n\nGeneral in furtherance of criminal, civil or administrative\n\ninvestigations or prosecutions within their respective\n\njurisdictions, designated legal, communications, and analytical\n\nemployees of the Bureau, and to registrants in furtherance of\n\nefforts to guard against the diversion of controlled dangerous\n\nsubstances.\n\nC. This section shall not prevent the disclosure, at the\n\ndiscretion of the Director of the Oklahoma State Bureau of Narcotics\n\nand Dangerous Drugs Control, of statistical information gathered\n\nfrom the central repository to the general public for statistical,\n\nresearch, substance abuse prevention, or educational purposes,\n\nprovided that consumer confidentiality is not compromised.\n\nD. This section shall not prevent the disclosure, at the\n\ndiscretion of the Director of the Oklahoma State Bureau of Narcotics\n\nand Dangerous Drugs Control, of prescription-monitoring-program\n\ninformation to prescription-monitoring programs of other states\n\nprovided a reciprocal data-sharing agreement is in place.\n\nE. The Department of Mental Health and Substance Abuse Services\n\nand the State Department of Health may utilize the information in\n\nthe central repository for statistical, research, substance abuse\n\nprevention, or educational purposes, provided that consumer\n\nconfidentiality is not compromised.\n\nF. Any unauthorized disclosure of any information collected at\n\nthe central repository provided by the Anti-Drug Diversion Act shall\n\nbe a misdemeanor. Violation of the provisions of this section shall\n\nbe deemed willful neglect of duty and shall be grounds for removal\n\nfrom office.\n\nG. 1. Registrants shall have access to the central repository\n\nfor the purposes of patient treatment and to aid in the\ncentral repository provided by the Anti-Drug Diversion Act shall\n\nbe a misdemeanor. Violation of the provisions of this section shall\n\nbe deemed willful neglect of duty and shall be grounds for removal\n\nfrom office.\n\nG. 1. Registrants shall have access to the central repository\n\nfor the purposes of patient treatment and to aid in the\n\ndetermination in prescribing or screening new patients. The\n\nphysician or designee shall provide, upon request by the patient,\n\nthe history of the patient or the query history of the patient.\n\n2. a. Prior to prescribing or authorizing for refill, if one\n\nhundred eighty (180) days have elapsed prior to the\n\nprevious access and check, of opiates, synthetic\n\nopiates, semisynthetic opiates, benzodiazepine or\n\ncarisoprodol to a patient of record, registrants or\n\nmembers of their medical or administrative staff shall\n\nbe required to access the information in the central\n\nrepository to assess medical necessity and the\n\npossibility that the patient may be unlawfully\n\nobtaining prescription drugs in violation of the\n\nUniform Controlled Dangerous Substances Act. The duty\n\nto access and check shall not alter or otherwise amend\n\nappropriate medical standards of care. The registrant\n\nor medical provider shall note in the patient file\n\nthat the central repository has been checked and may\n\nmaintain a copy of the information.\n\nb. The requirements set forth in subparagraph a of this\n\nparagraph shall not apply:\n\n(1) to medical practitioners who prescribe the\n\ncontrolled substances set forth in subparagraph a\n\nof this paragraph for hospice or end-of-life\n\ncare, or\n\n(2) for a prescription of a controlled substance set\n\nforth in subparagraph a of this paragraph that is\n\nissued by a practitioner for a patient residing\n\nin a nursing facility as defined by Section 1-\n\n1902 of this title, provided that the\n\nprescription is issued to a resident of such\n\nfacility.\n\n3. Registrants shall not be liable to any person for any claim\n\nof damages as a result of accessing or failing to access the\n\ninformation in the central repository and no lawsuit may be\n\npredicated thereon.\n\n4. The failure of a registrant to access and check the central\n\nrepository as required under state or federal law or regulation may,\n\nafter investigation, be grounds for the licensing board of the\n\nregistrant to take disciplinary action against the registrant.\n\nH. The Board of Podiatric Medical Examiners, the Board of\n\nDentistry, the State Board of Medical Licensure and Supervision, the\n\nBoard of Examiners in Optometry, the Oklahoma Board of Nursing, the\n\nState Board of Osteopathic Examiners and the State Board of\n\nVeterinary Medical Examiners shall have the sole responsibility for\n\nenforcement of the provisions of subsection G of this section.\n\nNothing in this section shall be construed so as to permit the\n\nDirector of the State Bureau of Narcotics and Dangerous Drugs\n\nControl to assess administrative fines provided for in Section 2-304\n\nof this title.\n\nI. The Director of the Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control, or a designee thereof, shall provide a\n\nmonthly list to the Directors of the Board of Podiatric Medical\n\nExaminers, the Board of Dentistry, the State Board of Medical\n\nLicensure and Supervision, the Board of Examiners in Optometry, the\n\nOklahoma Board of Nursing, the State Board of Osteopathic Examiners\n\nand the State Board of Veterinary Medical Examiners of the top\n\ntwenty prescribers of controlled dangerous substances within their\n\nrespective areas of jurisdiction. Upon discovering that a\n\nregistrant is prescribing outside the limitations of his or her\n\nlicensure or outside of drug registration rules or applicable state\n\nlaws, the respective licensing board shall be notified by the Bureau\n\nin writing. Such notifications may be considered complaints for the\ntwenty prescribers of controlled dangerous substances within their\n\nrespective areas of jurisdiction. Upon discovering that a\n\nregistrant is prescribing outside the limitations of his or her\n\nlicensure or outside of drug registration rules or applicable state\n\nlaws, the respective licensing board shall be notified by the Bureau\n\nin writing. Such notifications may be considered complaints for the\n\npurpose of investigations or other actions by the respective\n\nlicensing board. Licensing boards shall have exclusive jurisdiction\n\nto take action against a licensee for a violation of subsection G of\n\nthis section.\n\nJ. Information regarding fatal and nonfatal overdoses, other\n\nthan statistical information as required by Section 2-106 of this\n\ntitle, shall be completely confidential. Access to this information\n\nshall be strictly limited to the Director of the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control or designee, the\n\nChief Medical Examiner, state agencies and boards provided in\n\nsubsection A of this section, and the registrant that enters the\n\ninformation. Registrants shall not be liable to any person for a\n\nclaim of damages for information reported pursuant to the provisions\n\nof Section 2-105 of this title.\n\nK. The Director of the Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control shall provide adequate means and procedures\n\nallowing access to central repository information for registrants\n\nlacking direct computer access.\n\nL. Upon completion of an investigation in which it is\n\ndetermined that a death was caused by an overdose, either\n\nintentionally or unintentionally, of a controlled dangerous\n\nsubstance, the medical examiner shall be required to report the\n\ndecedent's name and date of birth to the Oklahoma State Bureau of\n\nNarcotics and Dangerous Drugs Control. The Oklahoma State Bureau of\n\nNarcotics and Dangerous Drugs Control shall be required to maintain\n\na database containing the classification of medical practitioners\n\nwho prescribed or authorized controlled dangerous substances\n\npursuant to this subsection.\n\nM. The Oklahoma State Bureau of Narcotics and Dangerous Drugs\n\nControl is authorized to provide unsolicited notification to the\n\nlicensing board of a pharmacist or practitioner if a patient has\n\nreceived one or more prescriptions for controlled substances in\n\nquantities or with a frequency inconsistent with generally\n\nrecognized standards of safe practice. An unsolicited notification\n\nto the licensing board of the practitioner pursuant to this section:\n\n1. Is confidential;\n\n2. May not disclose information that is confidential pursuant\n\nto this section; and\n\n3. May be in a summary form sufficient to provide notice of the\n\nbasis for the unsolicited notification.\n\nN. Except as otherwise provided for in subsections A and B of\n\nthis section, any information collected at the central repository,\n\nas outlined in Section 2-309C of this title, shall:\n\n1. Be confidential by law and privileged;\n\n2. Not be subject to the Oklahoma Open Records Act;\n\n3. Not be subject to subpoena; and\n\n4. Not be subject to discovery or admissible in evidence in any\n\nprivate civil action.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c44f0b1575953da9fd545bc2aaed5274c8b623459fa2949df262c5be419091af","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-309c","next":"us-ok/okla.-stat.-tit.-63-63-2-309e"},"notice":"GroundRules: Original legal text. Not legal advice."}