1| SENATE FLOOR VERSION |
| April 4, 2024 |
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3|ENGROSSED HOUSE |
|BILL NO. 3035 By: Stinson of the House |
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| and |
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| Garvin of the Senate |
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8| An Act relating to professions and occupations; |
| amending 59 O.S. 2021, Sections 488, 493.3, 512, 513, |
9| and 518.1, which relate to the Oklahoma Allopathic |
| Medical and Surgical Licensure and Supervision Act; |
10| clarifying when the State Board of Medical Licensure |
| and Supervision meets; modifying terms related to |
11| issuance of licenses; modifying investigator duties; |
| expanding applicability to inactive physicians or |
12| surgeons; modifying executive director duties; and |
| providing an effective date. |
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14| |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. AMENDATORY 59 O.S. 2021, Section 488, is |
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17|amended to read as follows: |
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18| Section 488. A. The State Board of Medical Licensure and |
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19|Supervision may hold regular meetings at times to be fixed by the |
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20|president and secretary of the Board in accordance with the |
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21|provisions of the Oklahoma Open Meeting Act. In addition, the |
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22|president and secretary may call such special and other meetings in |
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23|accordance with the provisions of the Oklahoma Open Meeting Act. A |
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24|majority of the members of the Board shall constitute a quorum for |
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1|the transaction of business but a less number may adjourn from time |
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2|to time until a quorum is present. |
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3| B. No meeting as provided for in subsection A of this section |
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4|shall be required for the determination of the qualifications of an |
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5|applicant for a certificate or license issued pursuant to the |
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6|provisions of Section 495 of this title for all licenses under the |
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7|legislative jurisdiction of the Board. Each member of the Board |
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8|authorized to vote on licensure may review the qualifications of the |
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9|applicant during times other than when a regular or special meeting |
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10|is held, to determine the sufficiency of said qualifications. Each |
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11|member shall notify the secretary of his findings, in writing. The |
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12|provisions of this subsection shall not be construed to prohibit the |
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13|Board from reviewing the qualifications of an applicant for |
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14|licensure during any regular or special meeting of the Board. |
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15| SECTION 2. AMENDATORY 59 O.S. 2021, Section 493.3, is |
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16|amended to read as follows: |
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17| Section 493.3 A. Endorsement of licensed applicants: The |
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18|State Board of Medical Licensure and Supervision may issue a license |
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19|by endorsement to an applicant who: |
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20| 1. Has complied with all current medical licensure requirements |
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21|except those for examination; and |
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22| 2. Has passed a medical licensure examination given in English |
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23|in another state, the District of Columbia, a territory or |
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24|possession of the United States, or Canada, or has passed the |
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1|National Boards Examination administered by the National Board of |
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2|Medical Examiners, provided the Board determines that such |
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3|examination was equivalent to the Board's examination used at the |
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4|time of application. |
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5| B. Notwithstanding any other provision of the Oklahoma |
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6|Allopathic Medical and Surgical Licensure and Supervision Act, the |
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7|Board may require applicants for full and unrestricted medical |
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8|licensure by endorsement, who have not been formally tested by |
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9|another state or territory of the United States or any Canadian |
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10|medical licensure jurisdiction, a Board-approved medical |
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11|certification agency, or a Board-approved medical specialty board |
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12|within a specific period of time before application to pass a |
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13|written and/or oral medical examination approved by the Board. |
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14| C. The Board may authorize the secretary to issue a temporary |
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15|medical license for the intervals between Board meetings. A |
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16|temporary license shall be granted only when the secretary is |
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17|satisfied as to the qualifications of the applicant to be licensed |
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18|under the Oklahoma Allopathic Medical and Surgical Licensure and |
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19|Supervision Act but where such qualifications have not been verified |
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20|to the Board. A temporary license shall: |
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21| 1. Be granted only to an applicant demonstrably qualified for a |
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22|full and unrestricted medical license under the requirements set by |
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23|the Oklahoma Allopathic Medical and Surgical Licensure and |
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24|Supervision Act and the rules of the Board; and |
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1| 2. Automatically terminate on the date of the next Board |
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2|meeting at which the applicant may be considered for a full and |
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3|unrestricted medical license. |
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4| D. The Board may establish rules authorizing authorizes the |
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5|issuance of conditional, restricted, or otherwise circumscribed |
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6|licenses, or issuance of licenses under terms of agreement, for all |
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7|licenses under its legislative jurisdiction as are necessary for the |
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8|public health, safety, and welfare. |
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9| E. The Board may issue a temporary license to any of the |
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10|professions under the jurisdiction of the Board based on defined |
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11|qualifications set by each advisory committee of the profession. |
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12| SECTION 3. AMENDATORY 59 O.S. 2021, Section 512, is |
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13|amended to read as follows: |
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14| Section 512. A. The secretary of the State Board of Medical |
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15|Licensure and Supervision shall be paid an annual salary in an |
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16|amount fixed by the Board. The Board shall have the authority to |
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17|expend such funds as are necessary in carrying out the duties of the |
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18|Board and shall have the authority to hire all necessary personnel, |
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19|at salaries to be fixed by the Board, as the Board shall deem |
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20|necessary. The Board shall have the authority to hire attorneys to |
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21|represent the Board in all legal matters and to assist authorized |
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22|state and county officers in prosecuting or restraining violations |
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23|of Section 481 et seq. of this title, and to fix the salaries or per |
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24|diem of the attorneys. |
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1| B. The Board shall have the authority to hire one or more |
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2|investigators as may be necessary to carry out the provisions of the |
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3|Oklahoma Allopathic Medical and Surgical Licensure and Supervision |
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4|Act at an annual salary to be fixed by the Board. Such |
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5|investigators may be commissioned peace officers of this state. In |
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6|addition such investigators shall have the authority and duty to |
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7|investigate and inspect the records of all persons in order to |
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8|determine whether or not a disciplinary action for unprofessional |
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9|misconduct is warranted or whether the narcotic laws or the |
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10|dangerous drug laws have been complied with. |
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11| C. 1. For purposes of this section, investigators at least one |
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12|investigator shall be a peace officers officer certified by the |
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13|Council on Law Enforcement Education and Training and shall have |
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14|statewide jurisdiction to perform the duties authorized by this |
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15|section. In addition, the investigators shall have all the powers |
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16|now or hereafter vested by law in peace officers. In addition, such |
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17|investigators shall have the authority and duty to investigate and |
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18|inspect the records of all persons including, but not limited to, |
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19|personnel records of the licensee in order to determine: |
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20| a. whether or not a disciplinary action for |
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21| unprofessional misconduct is warranted, or |
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22| b. whether the narcotic laws or the dangerous drug laws |
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23| have been complied with. |
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1| 2. Investigators for the Oklahoma State Board of Medical |
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2|Licensure and Supervision shall perform such services as are |
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3|necessary in the investigation of criminal activity or preparation |
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4|of administrative actions. |
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5| 3. Any licensee or applicant for license subject to the |
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6|provisions of the Oklahoma Allopathic Medical and Surgical Licensure |
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7|and Supervision Act shall be deemed to have given consent to any |
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8|duly authorized investigator of the Board to access, enter or |
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9|inspect the records, either on-site or at the Board office, or |
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10|facilities of such licensee or applicant subject to the Oklahoma |
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11|Allopathic Medical and Surgical Licensure and Supervision Act. |
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12|Refusal to allow such access, entry or inspection may constitute |
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13|grounds for the denial, nonrenewal, suspension or revocation of a |
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14|license. Upon refusal of such access, entry or inspection, pursuant |
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15|to this section, the Board or a duly authorized representative may |
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16|make application for and obtain a search warrant from the district |
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17|court where the facility or records are located to allow such |
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18|access, entry or inspection. |
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19| D. 1. The Board is specifically authorized to contract with |
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20|state agencies or other bodies to perform investigative services or |
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21|other administrative services at a rate set by the Board. |
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22| 2. The Board is authorized to pay the travel expenses of Board |
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23|employees and members in accordance with the State Travel |
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24|Reimbursement Act. |
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1| 3. The expenditures authorized herein to include capital |
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2|purchases shall not be a charge against the state, but the same |
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3|shall be paid solely from the Board's depository fund. |
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4| SECTION 4. AMENDATORY 59 O.S. 2021, Section 513, is |
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5|amended to read as follows: |
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6| Section 513. A. 1. The State Board of Medical Licensure and |
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7|Supervision is hereby given quasi-judicial powers while sitting as a |
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8|Board for the purpose of revoking, suspending or imposing other |
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9|disciplinary actions upon the license of physicians or surgeons of |
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10|this state, and appeals from its decisions shall be taken to the |
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11|Supreme Court of this state within thirty (30) days of the date that |
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12|a copy of the decision is mailed to the appellant, as shown by the |
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13|certificate of mailing attached to the decision. |
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14| 2. The license of any physician or surgeon who has been |
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15|convicted of any felony in or without the State of Oklahoma, and |
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16|whether in a state or federal court, may be suspended by the Board |
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17|upon the submission thereto of a certified copy of the judgment and |
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18|sentence of the trial court and the certificate of the clerk of the |
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19|court of the conviction. |
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20| 3. Upon proof of a felony conviction by the courts, the Board |
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21|shall revoke the physician's license. If the felony conviction is |
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22|overturned on appeal and no other appeals are sought, the Board |
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23|shall restore the license of the physician. Court records of such a |
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24|conviction shall be prima facie evidence of the conviction. |
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1| 4. The Board shall also revoke and cancel the license of any |
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2|physician or surgeon who has been charged in a court of record of |
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3|this or other states of the United States or in the federal court |
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4|with the commission of a felony and who is a fugitive from justice, |
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5|upon the submission of a certified copy of the charge together with |
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6|a certificate from the clerk of the court that after the commitment |
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7|of the crime the physician or surgeon fled from the jurisdiction of |
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8|the court and is a fugitive from justice. |
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9| B. To the extent necessary to allow the Board the power to |
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10|enforce disciplinary actions imposed by the Board, in the exercise |
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11|of its authority, the Board may punish willful violations of its |
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12|orders and impose additional penalties as allowed by Section 509.1 |
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13|of this title. |
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14| C. This section shall also apply to physicians or surgeons of |
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15|this state who are in an inactive status. |
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16| SECTION 5. AMENDATORY 59 O.S. 2021, Section 518.1, is |
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17|amended to read as follows: |
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18| Section 518.1 A. There is hereby established the Allied |
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19|Professional Peer Assistance Program to rehabilitate allied medical |
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20|professionals whose competency may be compromised because of the |
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21|abuse of drugs or alcohol, so that such allied medical professionals |
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22|can be treated and can return to or continue the practice of allied |
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23|medical practice in a manner which will benefit the public. The |
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1|program shall be under the supervision and control of the State |
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2|Board of Medical Licensure and Supervision. |
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3| B. The Board may appoint one or more peer assistance evaluation |
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4|advisory committees, hereinafter called the "allied peer assistance |
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5|committees". Each of these committees shall be composed of members, |
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6|the majority of which shall be licensed allied medical professionals |
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7|with expertise in chemical dependency. The allied peer assistance |
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8|committees shall function under the authority of the State Board of |
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9|Medical Licensure and Supervision in accordance with the rules of |
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10|the Board. The program may be one hundred percent (100%) outsourced |
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11|to professional groups specialized in this arena. The committee |
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12|members shall serve without pay, but may be reimbursed for the |
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13|expenses incurred in the discharge of their official duties in |
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14|accordance with the State Travel Reimbursement Act. |
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15| C. The Board may appoint and employ a qualified person or |
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16|persons to serve as program coordinators and shall fix such person's |
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17|compensation. The program may employ a director for purposes of |
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18|ongoing nonclerical administrative duties and shall fix the |
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19|director's compensation. The Board shall define the duties of the |
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20|program coordinators and director who shall report directly to the |
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21|Board. |
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22| D. The Board is authorized to adopt and revise rules, not |
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23|inconsistent with the Oklahoma Allopathic Medical and Surgical |
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1|Licensure and Supervision Act, as may be necessary to enable it to |
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2|carry into effect the provisions of this section. |
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3| E. A portion of licensing fees for each allied profession, not |
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4|to exceed Ten Dollars ($10.00), may be used to implement and |
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5|maintain the Allied Professional Peer Assistance Program. |
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6| F. All monies paid pursuant to subsection E of this section |
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7|shall be deposited in an agency special account revolving fund under |
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8|the State Board of Medical Licensure and Supervision, and shall be |
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9|used for the general operating expenses of the Allied Professional |
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10|Peer Assistance Program, including payment of personal services. |
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11| G. Records and management information system of the |
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12|professionals enrolled in the Allied Professional Peer Assistance |
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13|Program and reports shall be maintained in the program office in a |
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14|place separate and apart from the records of the Board. The records |
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15|shall be made public only by subpoena and court order; provided |
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16|however, confidential treatment shall be cancelled upon default by |
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17|the professional in complying with the requirements of the program. |
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18| H. Any person making a report to the Board or to an allied peer |
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19|assistance committee regarding a professional suspected of |
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20|practicing allied medical practice while habitually intemperate or |
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21|addicted to the use of habit-forming drugs, or a professional's |
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22|progress or lack of progress in rehabilitation, shall be immune from |
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23|any civil or criminal action resulting from such reports, provided |
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24|such reports are made in good faith. |
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1| I. A professional's participation in the Allied Professional |
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2|Peer Assistance Program in no way precludes additional proceedings |
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3|by the Board for acts or omissions of acts not specifically related |
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4|to the circumstances resulting in the professional's entry into the |
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5|program. However, in the event the professional defaults from the |
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6|program, the Board may discipline the professional for those acts |
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7|which led to the professional entering the program. |
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8| J. The Executive Director of the Board shall may suspend the |
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9|license immediately upon notification that the licensee has |
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10|defaulted from the Allied Professional Peer Assistance Program, and |
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11|shall assign a hearing date for the matter to be presented to the |
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12|Board. |
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13| K. All treatment information, whether or not recorded, and all |
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14|communications between a professional and therapist are both |
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15|privileged and confidential. In addition, the identity of all |
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16|persons who have received or are receiving treatment services shall |
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17|be considered confidential and privileged. |
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18| L. As used in this section, unless the context otherwise |
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19|requires: |
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20| 1. "Board" means the State Board of Medical Licensure and |
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21|Supervision; and |
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22| 2. "Allied peer assistance committee" means the peer assistance |
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23|evaluation advisory committee created in this section, which is |
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1|appointed by the State Board of Medical Licensure and Supervision to |
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2|carry out specified duties. |
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3| M. The Allied Professional Peer Assistance Program may contract |
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4|with outside entities for services that are not available to it or |
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5|can be obtained for a lesser cost through such a contract. The |
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6|contract shall be ratified by the Board. |
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7| SECTION 6. This act shall become effective November 1, 2024. |
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8|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES |
|April 4, 2024 - DO PASS |
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