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The Oklahoma Anti-Drug Diversion Act

The Oklahoma Anti-Drug Diversion Act

The Oklahoma Anti-Drug Diversion Act

Drug usage in Oklahoma is growing by the day, so law enforcement efforts to crack down on drug use have increased. A law called the Oklahoma Anti-Drug Diversion Act helps police monitor abuse of legal drugs by creating the Prescription Monitoring Program. With a drug use rate well over the national average and many Oklahomans reporting non-medical use of pain relievers, the Act and its amendments create one more opportunity for police to make drug-related arrests.

The Anti-Drug Diversion Act seeks to deter abuse of prescription drugs, either drugs that are legally prescribed or legal drugs that are used without a prescription. 63 O.S. 2-309A et seq. The Act, which went into effect in July 2006 and was amended in 2015, creates the Prescription Monitoring Program (PMP). Under the Act, medical providers such as doctors and pharmacies must notify the Oklahoma Bureau of Narcotics & Dangerous Drugs Control within 24 hours of dispensing Schedule II, III, IV, and V controlled substances to anyone.

The notification must include detailed identifying information about the recipient and the substance dispensed. All of the information is confidential and can be disclosed only to certain medical practitioners and to certain state and federal agencies. Failure to notify the Bureau of Narcotics of prescribing information can result in jail time. If a dispenser’s failure to give accurate information or failure to notify at all is willful, then the dispenser can be charged with a misdemeanor and face up to one year in jail and a $1,000 fine.

In addition to the notification requirements imposed by the Act, the PMP also allows medical providers to check a patient’s history of prescriptions for controlled substances, for treatment purposes and for deciding whether to accept new patients. Providers must check a patient’s prescription history at least once every 180 days. This requirement is targeted to locate patients who have a history of illegally obtaining drugs or repeatedly getting prescriptions for the drugs to sell them.

Patients who receive controlled substances by prescription as part of a treatment plan should be aware of the Anti-Drug Diversion Act’s requirements for medical providers. These patients may face obstacles in locating new doctors if their history of prescriptions makes it appear that they could be abusing these drugs or selling them. They should make sure that they and their doctors frequently and accurately document the patient’s legitimate medical need for these drugs.

Have you been charged with a drug-related crime in Oklahoma and don’t know where to turn? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and in-depth legal knowledge to defend people accused of drug crimes, fights for their rights. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.