1. 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. 1. In treating persons with a history of addiction for two (2) years or more;
   2. 2. In treating persons with a one-year history, as defined by the Code of Federal Regulations, and documentation of attempting another type of treatment; or
   3. 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 received treatment within two (2) years of discharge.
2. 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 felony.
3. 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. An opioid substitution treatment program shall be approved 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.
4. D. 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.

Laws 1980, HB 1872, c. 108, § 2, emerg. eff. April 10, 1980; Amended by Laws 1986, HB 2021, c. 103, § 51, eff. November 1, 1986; Renumbered from 43A O.S. § 659 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1987, HB 1274, c. 79, § 1, eff. November 1, 1987; Amended by Laws 1989, SB 124, c. 69, § 1, emerg. eff. April 13, 1989; Amended by Laws 1996, HB 2964, c. 354, § 52, eff. November 1, 1996; Amended by Laws 1997, HB 1213, c. 133, § 469 (effective date changed to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, eff. June 19, 1998) (superseded document available); Amended by Laws 2002, SB 1624, c. 488, § 26, eff. November 1, 2002 (superseded document available); Amended by Laws 2003, HB 1266, c. 46, § 24, emerg. eff. April 8, 2003 (superseded document available); Amended by Laws 2005, HB 1845, c. 150, § 22, emerg. eff. May 9, 2005 (superseded document available).