1| STATE OF OKLAHOMA |
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2| 1st Session of the 60th Legislature (2025) |
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3|SENATE BILL 809 By: Bergstrom |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to physician assistants; amending 59 |
| O.S. 2021, Section 353.1a, which relates to the |
8| Oklahoma Pharmacy Act; clarifying which prescriptions |
| for controlled dangerous substances pharmacists may |
9| dispense; amending 59 O.S. 2021, Sections 519.2, |
| 519.3, 519.6, 519.11, as amended by Section 1, |
10| Chapter 164, O.S.L. 2022, and 521.2 (59 O.S. Supp. |
| 2024, Section 519.11), which relate to the Physician |
11| Assistant Act; modifying definitions; increasing the |
| number of Physician Assistant Committee members; |
12| clarifying certain requirements for the chair; |
| increasing member requirements for a quorum; allowing |
13| physician assistants who have completed certain |
| postgraduate clinical practice experience to practice |
14| without supervision; directing the State Board of |
| Medical Licensure and Supervision to maintain certain |
15| online list; specifying method of reporting for |
| clinical hours; providing certain construction; |
16| specifying prescriptive authority of physician |
| assistants; authorizing and prohibiting certain |
17| dispensing; conforming language; making language |
| gender neutral; modifying billing and payment |
18| authority; amending 63 O.S. 2021, Section 1-317, as |
| last amended by Section 1, Chapter 251, O.S.L. 2024 |
19| (63 O.S. Supp. 2024, Section 1-317), which relates to |
| death certificates; clarifying the authority of |
20| physician assistants to carry out certain functions; |
| amending 63 O.S. 2021, Section 2-101, as last amended |
21| by Section 1, Chapter 308, O.S.L. 2024 (63 O.S. Supp. |
| 2024, Section 2-101), which relates to definitions |
22| used in the Uniform Controlled Dangerous Substances |
| Act; conforming language; amending 63 O.S. 2021, |
23| Section 2-312, as amended by Section 2, Chapter 184, |
| O.S.L. 2022 (63 O.S. Supp. 2024, Section 2-312), |
24| which relates to prescription of controlled dangerous |
| substances; specifying prescriptive authority of |
Req. No. 889 Page 1
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1| physician assistants; repealing 59 O.S. 2021, Section |
| 521.4, which relates to physician supervision and |
2| practice agreements; and providing an effective date. |
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3| |
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4| |
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5|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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6| SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.1a, is |
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7|amended to read as follows: |
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8| Section 353.1a. A. Prescribing authority shall be allowed, |
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9|under the medical direction of a supervising physician, for an |
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10|advanced practice nurse recognized by the Oklahoma Board of Nursing |
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11|in one of the following categories: advanced registered nurse |
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12|practitioners, clinical nurse specialists, or certified |
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13|nurse-midwives. The advanced practice nurse may write or sign, or |
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14|transmit by word of mouth, telephone or other means of communication |
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15|an order for drugs or medical supplies that is intended to be |
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16|filled, compounded, or dispensed by a pharmacist. The supervising |
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17|physician and the advanced practice nurse shall be identified at the |
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18|time of origination of the prescription and the name of the advanced |
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19|practice nurse shall be printed on the prescription label. |
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20| B. Pharmacists may dispense prescriptions for non-controlled |
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21|prescription drugs authorized by an advanced practice nurse or |
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22|physician assistant, not located in Oklahoma, provided that they are |
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23|licensed in the state in which they are actively prescribing. |
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24| |
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1| C. Pharmacists may only dispense prescriptions for controlled |
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2|dangerous substances prescribed by an: |
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3| advanced practice nurse or 1. A physician assistant licensed in |
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4|this state; or |
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5| 2. An advance practice nurse licensed in the State of Oklahoma |
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6|this state and supervised by an Oklahoma-licensed practitioner. |
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7| SECTION 2. AMENDATORY 59 O.S. 2021, Section 519.2, is |
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8|amended to read as follows: |
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9| Section 519.2. As used in the Physician Assistant Act: |
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10| 1. "Board" means the State Board of Medical Licensure and |
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11|Supervision; |
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12| 2. "Committee" means the Physician Assistant Committee; |
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13| 3. "Practice of medicine" means services which require training |
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14|in the diagnosis, treatment and prevention of disease, including the |
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15|use and administration of drugs, and which are performed by |
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16|physician assistants so long as such services are within the |
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17|physician assistants' skill,. For a physician assistant required to |
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18|practice under supervision of a delegating physician, services form |
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19|a component of the physician's scope of practice, and are provided |
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20|with physician supervision, including authenticating by signature |
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21|any form that may be authenticated by the delegating physician's |
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22|signature with prior delegation by the physician; |
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23| 4. "Patient care setting" means and includes, but is not |
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24|limited to, a physician's office, clinic, hospital, nursing home, |
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Req. No. 889 Page 3
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1|extended care facility, patient's home, ambulatory surgical center, |
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2|hospice facility or any other setting authorized by the delegating |
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3|physician; |
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4| 5. "Physician assistant" means a health care professional, |
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5|qualified by academic and clinical education and licensed by the |
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6|State Board of Medical Licensure and Supervision, to practice |
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7|medicine with physician supervision as a physician assistant; |
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8| 6. 5. "Delegating physician" means an individual holding a |
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9|license in good standing as a physician from the State Board of |
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10|Medical Licensure and Supervision or the State Board of Osteopathic |
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11|Examiners, who supervises one or more physician assistants and |
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12|delegates decision making pursuant to the practice agreement; |
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13| 7. 6. "Supervision" means overseeing or delegating the |
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14|activities of the medical services rendered by a physician assistant |
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15|through a practice agreement between a medical doctor or osteopathic |
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16|delegating physician performing procedures or directly or indirectly |
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17|involved with the treatment of a patient, and the physician |
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18|assistant working jointly toward a common goal of providing |
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19|services. Delegation shall be defined by the practice agreement. |
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20|The physical presence of the delegating physician is not required as |
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21|long as the delegating physician and physician assistant are or can |
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22|be easily in contact with each other by telecommunication. At all |
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23|times a physician assistant required to practice under supervision |
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24|shall be considered an agent of the delegating physician; |
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1| 8. 7. "Telecommunication" means the use of electronic |
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2|technologies to transmit words, sounds or images for interpersonal |
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3|communication, clinical care (telemedicine) and review of electronic |
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4|health records; and |
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5| 9. 8. "Practice agreement" means a written agreement between a |
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6|physician assistant and the a delegating physician concerning the |
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7|scope of practice of the physician assistant to only be determined |
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8|by the delegating physician and the physician assistant based on the |
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9|education, training, skills and experience of the physician |
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10|assistant. The agreement shall involve the joint formulation, |
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11|discussion and agreement on the methods of supervision and |
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12|collaboration for diagnosis, consultation and treatment of medical |
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13|conditions and shall include the scope of and any limitations on |
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14|prescribing. A practice agreement shall be required for a physician |
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15|assistant described in subsection C of Section 519.6 of this title. |
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16| SECTION 3. AMENDATORY 59 O.S. 2021, Section 519.3, is |
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17|amended to read as follows: |
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18| Section 519.3. A. There is hereby created the Physician |
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19|Assistant Committee, which shall be composed of seven (7) nine (9) |
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20|members. Three Five members of the Committee shall be physician |
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21|assistants appointed by the State Board of Medical Licensure and |
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22|Supervision from a list of qualified individuals submitted by the |
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23|Oklahoma Academy of Physician Assistants. One member shall be a |
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24|physician appointed by the Board from its membership. One member |
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1|shall be a physician appointed by the Board from a list of qualified |
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2|individuals submitted by the Oklahoma State Medical Association and |
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3|who is not a member of the Board. One member shall be a physician |
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4|appointed by the State Board of Osteopathic Examiners from its |
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5|membership. One member shall be a physician appointed by the State |
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6|Board of Osteopathic Examiners from a list of qualified individuals |
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7|submitted by the Oklahoma Osteopathic Association and who is not a |
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8|member of said board the Board. |
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9| B. The term of office for each member of the Committee shall be |
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10|five (5) years. |
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11| C. The Committee shall meet at least quarterly. At the initial |
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12|meeting of each calendar year, the Committee members shall elect a |
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13|chair from the physician assistant members. The chair or his or her |
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14|designee shall represent the Committee at all meetings of the Board. |
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15| Four Five members shall constitute a quorum for the purpose of |
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16|conducting official business of the Committee. |
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17| D. The State Board of Medical Licensure and Supervision is |
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18|hereby granted the power and authority to promulgate rules, which |
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19|are in accordance with the provisions of Section 519.1 et seq. of |
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20|this title, governing the requirements for licensure as a physician |
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21|assistant, as well as to establish standards for training, approve |
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22|institutions for training, and regulate the standards of practice of |
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23|a physician assistant after licensure, including the power of |
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24|revocation of a license. |
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1| E. The State Board of Medical Licensure and Supervision is |
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2|hereby granted the power and authority to investigate all |
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3|complaints, hold hearings, subpoena witnesses and initiate |
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4|prosecution concerning violations of Section 519.1 et seq. of this |
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5|title. When such complaints involve physicians licensed by the |
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6|State Board of Osteopathic Examiners, the State Board of Osteopathic |
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7|Examiners shall be officially notified of such complaints. |
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8| F. 1. The Committee shall advise the Board on all matters |
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9|pertaining to the practice of physician assistants. |
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10| 2. The Committee shall review and make recommendations to the |
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11|Board on all applications for licensure as a physician assistant and |
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12|all applications to practice which shall be approved by the Board. |
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13|When considering applicants for licensure, to establish standards of |
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14|training or approve institutions for training, the Committee shall |
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15|include the Director, or designee, of all Physician Assistant |
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16|educational programs conducted by institutions of higher education |
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17|in the state as members. |
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18| 3. The Committee shall assist and advise the Board in all |
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19|hearings involving physician assistants who are deemed to be in |
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20|violation of Section 519.1 et seq. of this title or the rules of the |
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21|Board. |
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22| SECTION 4. AMENDATORY 59 O.S. 2021, Section 519.6, is |
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23|amended to read as follows: |
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24| |
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Req. No. 889 Page 7
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1| Section 519.6. A. No health care services may be performed by |
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2|a physician assistant unless a current license is on file with and |
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3|approved by the State Board of Medical Licensure and Supervision. |
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4| B. 1. A physician assistant who has completed not less than |
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5|six thousand two hundred forty (6,240) hours of postgraduate |
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6|clinical practice experience, including any such hours completed |
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7|prior to the effective date of this act, and who has reported such |
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8|hours to the Board shall not be required to practice under the |
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9|supervision of a delegating physician. A physician assistant may |
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10|report the completion of such hours to the Board at any time. |
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11| 2. The Board shall maintain, make available, and keep updated, |
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12|on the website of the Board, a list of physician assistants who have |
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13|reported completion of the postgraduate clinical practice hours |
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14|stipulated by this subsection. |
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15| 3. The Board shall, within ninety (90) days of enactment, |
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16|prescribe a form for reporting postgraduate clinical practice |
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17|experience by a physician assistant. The Board shall make available |
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18|and keep updated on the website of the Board the prescribed form. |
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19|The prescribed form may be filed electronically. The Board shall |
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20|not charge a fee for reporting hours or filing the prescribed form. |
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21| 4. Nothing in this subsection shall prohibit a physician |
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22|assistant who has completed the postgraduate clinical practice hours |
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23|stipulated by this subsection from voluntarily maintaining a |
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24| |
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Req. No. 889 Page 8
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1|practice agreement. Provided, any practice agreements shall be |
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2|subject to the requirements of subsection C of this section. |
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3| 5. Nothing in this subsection shall restrict the power of the |
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4|Board to require supervision as a disciplinary action against the |
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5|license of a physician assistant. |
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6| C. A physician assistant who has not completed the postgraduate |
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7|clinical practice hours stipulated by subsection B of this section, |
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8|or who has completed such hours but has not reported such hours to |
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9|the Board, shall practice under the supervision of a delegating |
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10|physician with the following requirements: |
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11| 1. All practice agreements and any amendments shall be filed |
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12|with the State Board of Medical Licensure and Supervision within ten |
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13|(10) business days of being executed. Practice agreements may be |
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14|filed electronically. The State Board of Medical Licensure and |
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15|Supervision shall not charge a fee for filing practice agreements or |
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16|amendments of practice agreements.; |
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17| B. 2. A physician assistant may have practice agreements with |
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18|multiple allopathic or osteopathic physicians. Each physician shall |
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19|be in good standing with the State Board of Medical Licensure and |
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20|Supervision or the State Board of Osteopathic Examiners.; |
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21| C. 3. The delegating physician need not be physically present |
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22|nor be specifically consulted before each delegated patient care |
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23|service is performed by a physician assistant, so long as the |
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24|delegating physician and physician assistant are or can be easily in |
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Req. No. 889 Page 9
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1|contact with one another by means of telecommunication. In all |
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2|patient care settings, the The delegating physician shall provide |
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3|appropriate methods of participating in health care services |
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4|provided by the physician assistant including: |
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5| a. being responsible for the formulation or approval of |
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6| all orders and protocols, whether standing orders, |
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7| direct orders or any other orders or protocols, which |
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8| direct the delivery of health care services provided |
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9| by a physician assistant, and periodically reviewing |
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10| such orders and protocols, |
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11| b. regularly reviewing the health care services provided |
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12| by the physician assistant and any problems or |
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13| complications encountered, |
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14| c. being available physically or through telemedicine or |
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15| direct telecommunications for consultation, assistance |
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16| with medical emergencies or patient referral, |
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17| d. reviewing a sample of outpatient medical records. |
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18| Such reviews shall take place at a site agreed upon |
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19| between the delegating physician and physician |
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20| assistant in the practice agreement which may also |
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21| occur using electronic or virtual conferencing, and |
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22| e. that it remains clear that the physician assistant is |
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23| an agent of the delegating physician; but, in no event |
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24| |
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Req. No. 889 Page 10
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1| shall the delegating physician be an employee of the |
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2| physician assistant.; and |
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3| D. 4. In patients with newly diagnosed complex illnesses, the |
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4|physician assistant shall contact the delegating physician within |
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5|forty-eight (48) hours of the physician assistant's initial |
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6|examination or treatment and schedule the patient for appropriate |
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7|evaluation by the delegating physician as directed by the physician. |
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8| The delegating physician shall determine which conditions qualify |
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9|as complex illnesses based on the clinical setting and the skill and |
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10|experience of the physician assistant. |
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11| E. D. 1. A physician assistant under the direction of a |
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12|delegating physician not practicing under a practice agreement may |
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13|prescribe written and oral prescriptions and orders. The physician |
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14|assistant not practicing under a practice agreement may prescribe |
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15|medical supplies, services, and drugs, including controlled |
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16|medications in Schedules II III through V pursuant to Section 2-312 |
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17|of Title 63 of the Oklahoma Statutes, and medical supplies and |
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18|services as delegated by the delegating physician and as approved by |
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19|the State Board of Medical Licensure and Supervision after |
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20|consultation with the State Board of Pharmacy on the Physician |
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21|Assistant Drug Formulary. Physician assistants not practicing under |
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22|a practice agreement may not dispense drugs, but may request, |
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23|receive, and sign for professional samples and may distribute |
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24|professional samples to patients. |
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Req. No. 889 Page 11
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1| 2. A physician assistant may write an order for a Schedule II |
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2|drug for immediate or ongoing administration on site. Prescriptions |
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3|and orders for Schedule II drugs written by a physician assistant |
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4|must be included on a written protocol determined by the delegating |
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5|physician and approved by the medical staff committee of the |
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6|facility or by direct verbal order of the delegating physician. |
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7|Physician assistants may not dispense drugs, but may request, |
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8|receive, and sign for professional samples and may distribute |
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9|professional samples to patients. |
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10| F. A physician assistant may perform health care services in |
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11|patient care settings as authorized by the delegating physician |
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12|practicing under a practice agreement may prescribe written and oral |
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13|prescriptions and orders. The physician assistant practicing under |
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14|a practice agreement may, only as delegated by the delegating |
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15|physician, prescribe medical supplies, services, and drugs, |
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16|including controlled medications in Schedules II through V pursuant |
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17|to Section 2-312 of Title 63 of the Oklahoma Statutes. |
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18|Prescriptions and orders for Schedule II drugs written by such |
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19|physician assistant shall be included on a written protocol |
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20|determined by the delegating physician. Physician assistants |
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21|practicing under a practice agreement shall not dispense drugs, but |
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22|may request, receive, and sign for professional samples and may |
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23|distribute professional samples to patients. A physician assistant |
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24|practicing under a practice agreement shall not prescribe any |
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Req. No. 889 Page 12
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1|controlled medications in a schedule in which the delegating |
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2|physician is not registered to prescribe. |
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3| G. E. Each physician assistant licensed under the Physician |
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4|Assistant Act shall keep his or her license available for inspection |
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5|at the primary place of business and shall, when engaged in |
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6|professional activities, identify himself or herself as a physician |
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7|assistant. |
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8| H. F. A physician assistant shall be bound by the provisions |
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9|contained in Sections 725.1 through 725.5 of Title 59 of the |
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10|Oklahoma Statutes this title. |
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11| SECTION 5. AMENDATORY 59 O.S. 2021, Section 519.11, as |
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12|amended by Section 1, Chapter 164, O.S.L. 2022 (59 O.S. Supp. 2024, |
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13|Section 519.11), is amended to read as follows: |
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14| Section 519.11. A. Nothing in the Physician Assistant Act |
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15|shall be construed to prevent or restrict the practice, services or |
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16|activities of any persons of other licensed professions or personnel |
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17|supervised by licensed professions in this state from performing |
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18|work incidental to the practice of their profession or occupation, |
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19|if that person does not represent himself or herself as a physician |
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20|assistant. |
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21| B. Nothing stated in the Physician Assistant Act shall prevent |
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22|any hospital from requiring the physician assistant or the |
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23|delegating physician to meet and maintain certain staff appointment |
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24| |
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1|and credentialing qualifications for the privilege of practicing as, |
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2|or utilizing, a physician assistant in the hospital. |
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3| C. Nothing in the Physician Assistant Act shall be construed to |
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4|permit a physician assistant to practice medicine or prescribe drugs |
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5|and medical supplies in this state except when such actions are |
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6|performed under the supervision and at the direction of a physician |
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7|or physicians approved by the State Board of Medical Licensure and |
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8|Supervision. |
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9| D. Nothing herein in this section shall be construed to require |
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10|licensure under the Physician Assistant Act of a physician assistant |
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11|student enrolled in a physician assistant educational program |
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12|accredited by the Accreditation Review Commission on Education for |
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13|the Physician Assistant. |
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14| E. D. Notwithstanding any other provision of law, no one person |
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15|who is not a physician licensed to practice medicine in this state |
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16|may perform acts restricted to such physicians pursuant to the |
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17|provisions of Section 1-731 of Title 63 of the Oklahoma Statutes. |
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18|This paragraph is inseverable. |
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19| F. E. Nothing in the Physician Assistant Act shall limit the |
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20|activities of a physician assistant in the performance of their |
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21|duties if the physician assistant is employed by or under contract |
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22|with the United States Department of Veterans Affairs or if the |
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23|physician assistant is employed by, under contract with, or |
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24|commissioned by one of the uniformed services; provided, the |
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1|physician assistant must be currently licensed in this state or any |
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2|other state or currently credentialed as a physician assistant by |
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3|the United States Department of Veterans Affairs or the applicable |
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4|uniformed service. Any physician assistant who is employed by or |
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5|under contract with the United States Department of Veterans Affairs |
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6|or is employed by, under contract with, or commissioned by one of |
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7|the uniformed services and practices outside of such employment, |
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8|contract, or commission shall be subject to the Physician Assistant |
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9|Act while practicing outside of such employment, contract, or |
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10|commission. As used in this subsection, "uniformed services" shall |
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11|have the same meaning as provided by Title 10 of the U.S. Code. |
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12| SECTION 6. AMENDATORY 59 O.S. 2021, Section 521.2, is |
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13|amended to read as follows: |
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14| Section 521.2. A. Payment for services within the physician |
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15|assistant's scope of practice by a health insurance plan shall be |
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16|made when ordered or performed by the physician assistant, if the |
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17|same service would have been covered if ordered or performed by a |
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18|physician. An in-network A physician assistant shall be authorized |
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19|to bill for and receive direct payment for the medically necessary |
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20|services the physician assistant delivers. |
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21| B. To ensure accountability and transparency for patients, |
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22|payers and the health care system, an in-network a physician |
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23|assistant shall be identified as the rendering professional in the |
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24| |
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1|billing and claims process when the physician assistant delivers |
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2|medical or surgical services to patients. |
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3| C. No insurance company or third-party payer shall impose a |
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4|practice, education, or collaboration requirement that is |
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5|inconsistent with or more restrictive than existing physician |
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6|assistant state laws or regulations. |
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7| SECTION 7. AMENDATORY 63 O.S. 2021, Section 1-317, as |
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8|last amended by Section 1, Chapter 251, O.S.L. 2024 (63 O.S. Supp. |
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9|2024, Section 1-317), is amended to read as follows: |
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10| Section 1-317. A. A death certificate for each death which |
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11|occurs in this state shall be filed with the State Department of |
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12|Health within ten (10) calendar days after such death. |
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13| B. It shall be the duty of the funeral director to file the |
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14|death certificate. If the funeral director is not available, the |
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15|person acting as such who first assumes custody of a dead body in |
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16|accordance with Section 1158 of Title 21 of the Oklahoma Statutes |
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17|shall personally sign and file the death certificate. The funeral |
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18|director shall obtain the personal data from the next of kin or the |
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19|best qualified person or source available, enter the personal data |
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20|into the electronic system prescribed by the State Registrar of |
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21|Vital Statistics, and electronically transmit the partial |
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22|certificate produced by the electronic system to the physician, |
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23|physician assistant, Advanced Practice Registered Nurse, or medical |
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24|examiner responsible for completing the medical certification |
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Req. No. 889 Page 16
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1|portion of the certificate of death within twenty-four (24) hours |
| |
2|after the death. |
| |
3| C. 1. The medical certification shall be completed and |
| |
4|certified within five (5) calendar days after receipt of the partial |
| |
5|certificate by the physician, physician assistant, or Advanced |
| |
6|Practice Registered Nurse in charge of the patient's care for the |
| |
7|illness or condition which resulted in death, except when inquiry as |
| |
8|to the cause of death is required by Section 938 of this title. The |
| |
9|physician, physician assistant, or Advanced Practice Registered |
| |
10|Nurse shall enter and certify the medical certification portion of |
| |
11|certificate data in the electronic system prescribed by the State |
| |
12|Registrar of Vital Statistics. |
| |
13| 2. In the event that the physician, physician assistant, or |
| |
14|Advanced Practice Registered Nurse in charge of the patient's care |
| |
15|for the illness or condition which resulted in death is not in |
| |
16|attendance at the time of death, the medical certification shall be |
| |
17|completed and signed within five (5) calendar days after receipt of |
| |
18|the partial certificate by the physician, physician assistant, or |
| |
19|Advanced Practice Registered Nurse in attendance at the time of |
| |
20|death, except: |
| |
21| a. when the patient is under hospice care at the time of |
| |
22| death, the medical certification may be signed by the |
| |
23| hospice's medical director, and |
| |
24| |
| |
Req. No. 889 Page 17
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1| b. when inquiry as to the cause of death is required by |
| |
2| Section 938 of this title. |
| |
3|Provided, that such certification, if signed by other than the |
| |
4|attending physician, physician assistant, or Advanced Practice |
| |
5|Registered Nurse, shall note on the face the name of the attending |
| |
6|physician, physician assistant, or Advanced Practice Registered |
| |
7|Nurse and that the information shown is only as reported. |
| |
8| D. Within four (4) calendar days after receipt of the medical |
| |
9|certification from the physician, physician assistant, or Advanced |
| |
10|Practice Registered Nurse as described in subsection C of this |
| |
11|section, the funeral director shall conduct a final review of the |
| |
12|personal data and the medical certification, electronically sign the |
| |
13|death certificate, and submit the death certificate to the State |
| |
14|Registrar of Vital Statistics through the electronic system |
| |
15|prescribed by the State Registrar of Vital Statistics for official |
| |
16|registration. |
| |
17| E. A certifier completing cause of death on a certificate of |
| |
18|death who knows that a lethal drug, overdose or other means of |
| |
19|assisting suicide within the meaning of Sections 3141.2 through |
| |
20|3141.4 of this title caused or contributed to the death shall list |
| |
21|that means among the chain of events under cause of death or list it |
| |
22|in the box that describes how the injury occurred. If such means is |
| |
23|in the chain of events under cause of death or in the box that |
| |
24| |
| |
Req. No. 889 Page 18
___________________________________________________________________________
1|describes how the injury occurred, the certifier shall indicate |
| |
2|"suicide" as the manner of death. |
| |
3| F. The authority of a A physician assistant who is subject to |
| |
4|supervision by a delegating physician under Section 519.6 of Title |
| |
5|59 of the Oklahoma Statutes may only carry out the functions |
| |
6|described in this section shall be governed as permitted by the |
| |
7|practice agreement as provided by under Section 519.6 of Title 59 of |
| |
8|the Oklahoma Statutes. |
| |
9| G. A physician, physician assistant, or Advanced Practice |
| |
10|Registered Nurse completing and signing a medical certification in |
| |
11|accordance with this section shall not be liable in a civil action |
| |
12|to recover damages for any acts or omissions relating to the medical |
| |
13|certification if the cause of death is determined in good faith |
| |
14|using the individual's best clinical judgment consistent with |
| |
15|current guidance provided by the applicable licensing board, unless |
| |
16|the acts or omissions amount to willful or wanton misconduct. The |
| |
17|immunity provided by this subsection shall be in addition to any |
| |
18|other immunity from liability to which these individuals may be |
| |
19|entitled. |
| |
20| SECTION 8. AMENDATORY 63 O.S. 2021, Section 2-101, as |
| |
21|last amended by Section 1, Chapter 308, O.S.L. 2024 (63 O.S. Supp. |
| |
22|2024, Section 2-101), is amended to read as follows: |
| |
23| Section 2-101. As used in the Uniform Controlled Dangerous |
| |
24|Substances Act: |
| |
Req. No. 889 Page 19
___________________________________________________________________________
1| 1. "Acute pain" means pain, whether resulting from disease, |
| |
2|accidental trauma, intentional trauma, or other cause that the |
| |
3|practitioner reasonably expects to last only a short period of time. |
| |
4| Acute pain does not include chronic pain, pain being treated as |
| |
5|part of cancer care, hospice or other end-of-life care, or pain |
| |
6|being treated as part of palliative care; |
| |
7| 2. "Administer" means the direct application of a controlled |
| |
8|dangerous substance, whether by injection, inhalation, ingestion or |
| |
9|any other means, to the body of a patient, animal or research |
| |
10|subject by: |
| |
11| a. a practitioner (or, in the presence of the |
| |
12| practitioner, by the authorized agent of the |
| |
13| practitioner), or |
| |
14| b. the patient or research subject at the direction and |
| |
15| in the presence of the practitioner; |
| |
16| 3. "Agent" means a peace officer appointed by and who acts on |
| |
17|behalf of the Director of the Oklahoma State Bureau of Narcotics and |
| |
18|Dangerous Drugs Control or an authorized person who acts on behalf |
| |
19|of or at the direction of a person who manufactures, distributes, |
| |
20|dispenses, prescribes, administers or uses for scientific purposes |
| |
21|controlled dangerous substances but does not include a common or |
| |
22|contract carrier, public warehouser or employee thereof, or a person |
| |
23|required to register under the Uniform Controlled Dangerous |
| |
24|Substances Act; |
| |
Req. No. 889 Page 20
___________________________________________________________________________
1| 4. "Anhydrous ammonia" means any substance that exhibits |
| |
2|cryogenic evaporative behavior and tests positive for ammonia; |
| |
3| 5. "Board" means the Advisory Board to the Director of the |
| |
4|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
| |
5| 6. "Bureau" means the Oklahoma State Bureau of Narcotics and |
| |
6|Dangerous Drugs Control; |
| |
7| 7. "Chronic pain" means pain that persists beyond the usual |
| |
8|course of an acute disease or healing of an injury. Chronic pain |
| |
9|may or may not be associated with an acute or chronic pathologic |
| |
10|process that causes continuous or intermittent pain over months or |
| |
11|years; |
| |
12| 8. "Coca leaves" includes cocaine and any compound, |
| |
13|manufacture, salt, derivative, mixture or preparation of coca |
| |
14|leaves, except derivatives of coca leaves which do not contain |
| |
15|cocaine or ecgonine; |
| |
16| 9. "Commissioner" or "Director" means the Director of the |
| |
17|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
| |
18| 10. "Control" means to add, remove or change the placement of a |
| |
19|drug, substance or immediate precursor under the Uniform Controlled |
| |
20|Dangerous Substances Act; |
| |
21| 11. "Controlled dangerous substance" means a drug, substance or |
| |
22|immediate precursor in Schedules I through V of the Uniform |
| |
23|Controlled Dangerous Substances Act or any drug, substance or |
| |
24|immediate precursor listed either temporarily or permanently as a |
| |
Req. No. 889 Page 21
___________________________________________________________________________
1|federally controlled substance. Any conflict between state and |
| |
2|federal law with regard to the particular schedule in which a |
| |
3|substance is listed shall be resolved in favor of state law; |
| |
4| 12. "Counterfeit substance" means a controlled substance which, |
| |
5|or the container or labeling of which without authorization, bears |
| |
6|the trademark, trade name or other identifying marks, imprint, |
| |
7|number or device or any likeness thereof of a manufacturer, |
| |
8|distributor or dispenser other than the person who in fact |
| |
9|manufactured, distributed or dispensed the substance; |
| |
10| 13. "Deliver" or "delivery" means the actual, constructive or |
| |
11|attempted transfer from one person to another of a controlled |
| |
12|dangerous substance or drug paraphernalia, whether or not there is |
| |
13|an agency relationship; |
| |
14| 14. "Dispense" means to deliver a controlled dangerous |
| |
15|substance to an ultimate user or human research subject by or |
| |
16|pursuant to the lawful order of a practitioner, including the |
| |
17|prescribing, administering, packaging, labeling or compounding |
| |
18|necessary to prepare the substance for such distribution. |
| |
19|"Dispenser" is a practitioner who delivers a controlled dangerous |
| |
20|substance to an ultimate user or human research subject; |
| |
21| 15. "Distribute" means to deliver other than by administering |
| |
22|or dispensing a controlled dangerous substance; |
| |
23| 16. "Distributor" means a commercial entity engaged in the |
| |
24|distribution or reverse distribution of narcotics and dangerous |
| |
Req. No. 889 Page 22
___________________________________________________________________________
1|drugs and who complies with all regulations promulgated by the |
| |
2|federal Drug Enforcement Administration and the Oklahoma State |
| |
3|Bureau of Narcotics and Dangerous Drugs Control; |
| |
4| 17. "Drug" means articles: |
| |
5| a. recognized in the official United States Pharmacopeia, |
| |
6| official Homeopathic Pharmacopoeia of the United |
| |
7| States, or official National Formulary, or any |
| |
8| supplement to any of them, |
| |
9| b. intended for use in the diagnosis, cure, mitigation, |
| |
10| treatment or prevention of disease in man or other |
| |
11| animals, |
| |
12| c. other than food, intended to affect the structure or |
| |
13| any function of the body of man or other animals, and |
| |
14| d. intended for use as a component of any article |
| |
15| specified in this paragraph; |
| |
16|provided, however, the term drug does not include devices or their |
| |
17|components, parts or accessories; |
| |
18| 18. "Drug paraphernalia" means all equipment, products, and |
| |
19|materials of any kind which are used, intended for use, or fashioned |
| |
20|specifically for use in planting, propagating, cultivating, growing, |
| |
21|harvesting, manufacturing, compounding, converting, producing, |
| |
22|processing, preparing, testing, analyzing, packaging, repackaging, |
| |
23|storing, containing, concealing, injecting, ingesting, inhaling, or |
| |
24|otherwise introducing into the human body, a controlled dangerous |
| |
Req. No. 889 Page 23
___________________________________________________________________________
1|substance in violation of the Uniform Controlled Dangerous |
| |
2|Substances Act including, but not limited to: |
| |
3| a. kits used, intended for use, or fashioned |
| |
4| specifically for use in planting, propagating, |
| |
5| cultivating, growing, or harvesting of any species of |
| |
6| plant which is a controlled dangerous substance or |
| |
7| from which a controlled dangerous substance can be |
| |
8| derived, |
| |
9| b. kits used, intended for use, or fashioned |
| |
10| specifically for use in manufacturing, compounding, |
| |
11| converting, producing, processing, or preparing |
| |
12| controlled dangerous substances, |
| |
13| c. isomerization devices used, intended for use, or |
| |
14| fashioned specifically for use in increasing the |
| |
15| potency of any species of plant which is a controlled |
| |
16| dangerous substance, |
| |
17| d. testing equipment used, intended for use, or |
| |
18| fashioned specifically for use in identifying or in |
| |
19| analyzing the strength, effectiveness, or purity of |
| |
20| controlled dangerous substances, |
| |
21| e. scales and balances used, intended for use, or |
| |
22| fashioned specifically for use in weighing or |
| |
23| measuring controlled dangerous substances, |
| |
24| |
| |
Req. No. 889 Page 24
___________________________________________________________________________
1| f. diluents and adulterants, such as quinine |
| |
2| hydrochloride, mannitol, mannite, dextrose, and |
| |
3| lactose used, intended for use, or fashioned |
| |
4| specifically for use in cutting controlled dangerous |
| |
5| substances, |
| |
6| g. separation gins and sifters used, intended for use, |
| |
7| or fashioned specifically for use in removing twigs |
| |
8| and seeds from, or in otherwise cleaning or refining, |
| |
9| marijuana, |
| |
10| h. blenders, bowls, containers, spoons, and mixing |
| |
11| devices used, intended for use, or fashioned |
| |
12| specifically for use in compounding controlled |
| |
13| dangerous substances, |
| |
14| i. capsules, balloons, envelopes, and other containers |
| |
15| used, intended for use, or fashioned specifically for |
| |
16| use in packaging small quantities of controlled |
| |
17| dangerous substances, |
| |
18| j. containers and other objects used, intended for use, |
| |
19| or fashioned specifically for use in parenterally |
| |
20| injecting controlled dangerous substances into the |
| |
21| human body, |
| |
22| k. hypodermic syringes, needles, and other objects used, |
| |
23| intended for use, or fashioned specifically for use in |
| |
24| parenterally injecting controlled dangerous substances |
| |
Req. No. 889 Page 25
___________________________________________________________________________
1| into the human body, except as authorized by Section |
| |
2| 2-1101 of this title, |
| |
3| l. objects used, intended for use, or fashioned |
| |
4| specifically for use in ingesting, inhaling, or |
| |
5| otherwise introducing marijuana, cocaine, hashish, or |
| |
6| hashish oil into the human body, such as: |
| |
7| (1) metal, wooden, acrylic, glass, stone, plastic, |
| |
8| or ceramic pipes with or without screens, |
| |
9| permanent screens, hashish heads, or punctured |
| |
10| metal bowls, |
| |
11| (2) water pipes, |
| |
12| (3) carburetion tubes and devices, |
| |
13| (4) smoking and carburetion masks, |
| |
14| (5) roach clips, meaning objects used to hold |
| |
15| burning material, such as a marijuana cigarette, |
| |
16| that has become too small or too short to be held |
| |
17| in the hand, |
| |
18| (6) miniature cocaine spoons and cocaine vials, |
| |
19| (7) chamber pipes, |
| |
20| (8) carburetor pipes, |
| |
21| (9) electric pipes, |
| |
22| (10) air-driven pipes, |
| |
23| (11) chillums, |
| |
24| (12) bongs, or |
| |
Req. No. 889 Page 26
___________________________________________________________________________
1| (13) ice pipes or chillers, |
| |
2| m. all hidden or novelty pipes, and |
| |
3| n. any pipe that has a tobacco bowl or chamber of less |
| |
4| than one-half (1/2) inch in diameter in which there is |
| |
5| any detectable residue of any controlled dangerous |
| |
6| substance as defined in this section or any other |
| |
7| substances not legal for possession or use; |
| |
8|provided, however, the term drug paraphernalia shall not include |
| |
9|separation gins intended for use in preparing tea or spice, clamps |
| |
10|used for constructing electrical equipment, water pipes designed for |
| |
11|ornamentation in which no detectable amount of an illegal substance |
| |
12|is found or pipes designed and used solely for smoking tobacco, |
| |
13|traditional pipes of an American Indian tribal religious ceremony, |
| |
14|antique pipes that are thirty (30) years of age or older, or drug |
| |
15|testing strips possessed by a person for purposes of determining the |
| |
16|presence of fentanyl or a fentanyl-related compound; |
| |
17| 19. "Drug-dependent person" means a person who is using a |
| |
18|controlled dangerous substance and who is in a state of psychic or |
| |
19|physical dependence, or both, arising from administration of that |
| |
20|controlled dangerous substance on a continuous basis. Drug |
| |
21|dependence is characterized by behavioral and other responses which |
| |
22|include a strong compulsion to take the substance on a continuous |
| |
23|basis in order to experience its psychic effects, or to avoid the |
| |
24|discomfort of its absence; |
| |
Req. No. 889 Page 27
___________________________________________________________________________
1| 20. "Harm-reduction services" means programs established to: |
| |
2| a. reduce the spread of infectious diseases related to |
| |
3| injection drug use, |
| |
4| b. reduce drug dependency, overdose deaths, and |
| |
5| associated complications, and |
| |
6| c. increase safe recovery and disposal of used syringes |
| |
7| and sharp waste; |
| |
8| 21. "Hazardous materials" means materials, whether solid, |
| |
9|liquid, or gas, which are toxic to human, animal, aquatic, or plant |
| |
10|life, and the disposal of such materials is controlled by state or |
| |
11|federal guidelines; |
| |
12| 22. "Home care agency" means any sole proprietorship, |
| |
13|partnership, association, corporation, or other organization which |
| |
14|administers, offers, or provides home care services, for a fee or |
| |
15|pursuant to a contract for such services, to clients in their place |
| |
16|of residence; |
| |
17| 23. "Home care services" means skilled or personal care |
| |
18|services provided to clients in their place of residence for a fee; |
| |
19| 24. "Hospice" means a centrally administered, nonprofit or |
| |
20|for-profit, medically directed, nurse-coordinated program which |
| |
21|provides a continuum of home and inpatient care for the terminally |
| |
22|ill patient and the patient's family. Such term shall also include |
| |
23|a centrally administered, nonprofit or for-profit, medically |
| |
24|directed, nurse-coordinated program if such program is licensed |
| |
Req. No. 889 Page 28
___________________________________________________________________________
1|pursuant to the provisions of the Uniform Controlled Dangerous |
| |
2|Substances Act. A hospice program offers palliative and supportive |
| |
3|care to meet the special needs arising out of the physical, |
| |
4|emotional and spiritual stresses which are experienced during the |
| |
5|final stages of illness and during dying and bereavement. This care |
| |
6|is available twenty-four (24) hours a day, seven (7) days a week, |
| |
7|and is provided on the basis of need, regardless of ability to pay. |
| |
8|"Class A" Hospice refers to Medicare-certified hospices. "Class B" |
| |
9|refers to all other providers of hospice services; |
| |
10| 25. "Imitation controlled substance" means a substance that is |
| |
11|not a controlled dangerous substance, which by dosage unit |
| |
12|appearance, color, shape, size, markings or by representations made, |
| |
13|would lead a reasonable person to believe that the substance is a |
| |
14|controlled dangerous substance, or is a drug intended solely for |
| |
15|veterinary purposes that is not a controlled dangerous substance and |
| |
16|is being used outside of the scope of practice or normal course of |
| |
17|business, as defined by the State Board of Veterinary Medical |
| |
18|Examiners, or is a federal Food and Drug Administration-approved |
| |
19|drug that is not a controlled dangerous substance and is being used |
| |
20|outside the scope of approval for illicit purposes such as |
| |
21|adulterating or lacing other controlled dangerous substances. In |
| |
22|the event the appearance of the dosage unit or use is not reasonably |
| |
23|sufficient to establish that the substance is an imitation |
| |
24| |
| |
Req. No. 889 Page 29
___________________________________________________________________________
1|controlled substance, the court or authority concerned should |
| |
2|consider, in addition to all other factors, the following factors: |
| |
3| a. statements made by an owner or by any other person in |
| |
4| control of the substance concerning the nature of the |
| |
5| substance, or its use or effect, |
| |
6| b. statements made to the recipient that the substance |
| |
7| may be resold for inordinate profit, |
| |
8| c. whether the substance is packaged in a manner normally |
| |
9| used for illicit controlled substances, |
| |
10| d. evasive tactics or actions utilized by the owner or |
| |
11| person in control of the substance to avoid detection |
| |
12| by law enforcement authorities, |
| |
13| e. prior convictions, if any, of an owner, or any other |
| |
14| person in control of the object, under state or |
| |
15| federal law related to controlled substances or fraud, |
| |
16| and |
| |
17| f. the proximity of the substances to controlled |
| |
18| dangerous substances; |
| |
19| 26. "Immediate precursor" means a substance which the Director |
| |
20|has found to be and by regulation designates as being the principal |
| |
21|compound commonly used or produced primarily for use, and which is |
| |
22|an immediate chemical intermediary used, or likely to be used, in |
| |
23|the manufacture of a controlled dangerous substance, the control of |
| |
24|which is necessary to prevent, curtail or limit such manufacture; |
| |
Req. No. 889 Page 30
___________________________________________________________________________
1| 27. "Initial prescription" means a prescription issued to a |
| |
2|patient who: |
| |
3| a. has never previously been issued a prescription for |
| |
4| the drug or its pharmaceutical equivalent in the past |
| |
5| year, or |
| |
6| b. requires a prescription for the drug or its |
| |
7| pharmaceutical equivalent due to a surgical procedure |
| |
8| or new acute event and has previously had a |
| |
9| prescription for the drug or its pharmaceutical |
| |
10| equivalent within the past year. |
| |
11| When determining whether a patient was previously issued a |
| |
12|prescription for a drug or its pharmaceutical equivalent, the |
| |
13|practitioner shall consult with the patient and review the medical |
| |
14|record and prescription monitoring information of the patient; |
| |
15| 28. "Isomer" means the optical isomer, except as used in |
| |
16|subsections C and F of Section 2-204 of this title and paragraph 4 |
| |
17|of subsection A of Section 2-206 of this title. As used in |
| |
18|subsections C and F of Section 2-204 of this title, isomer means the |
| |
19|optical, positional, or geometric isomer. As used in paragraph 4 of |
| |
20|subsection A of Section 2-206 of this title, the term isomer means |
| |
21|the optical or geometric isomer; |
| |
22| 29. "Laboratory" means a laboratory approved by the Director as |
| |
23|proper to be entrusted with the custody of controlled dangerous |
| |
24| |
| |
Req. No. 889 Page 31
___________________________________________________________________________
1|substances and the use of controlled dangerous substances for |
| |
2|scientific and medical purposes and for purposes of instruction; |
| |
3| 30. "Manufacture" means the production, preparation, |
| |
4|propagation, compounding or processing of a controlled dangerous |
| |
5|substance, either directly or indirectly by extraction from |
| |
6|substances of natural or synthetic origin, or independently by means |
| |
7|of chemical synthesis or by a combination of extraction and chemical |
| |
8|synthesis. "Manufacturer" includes any person who packages, |
| |
9|repackages or labels any container of any controlled dangerous |
| |
10|substance, except practitioners who dispense or compound |
| |
11|prescription orders for delivery to the ultimate consumer; |
| |
12| 31. "Marijuana" means all parts of the plant Cannabis sativa |
| |
13|L., whether growing or not; the seeds thereof; the resin extracted |
| |
14|from any part of such plant; and every compound, manufacture, salt, |
| |
15|derivative, mixture or preparation of such plant, its seeds or |
| |
16|resin, but shall not include: |
| |
17| a. the mature stalks of such plant or fiber produced |
| |
18| from such stalks, |
| |
19| b. oil or cake made from the seeds of such plant, |
| |
20| including cannabidiol derived from the seeds of the |
| |
21| marijuana plant, |
| |
22| c. any other compound, manufacture, salt, derivative, |
| |
23| mixture or preparation of such mature stalks (except |
| |
24| |
| |
Req. No. 889 Page 32
___________________________________________________________________________
1| the resin extracted therefrom), including cannabidiol |
| |
2| derived from mature stalks, fiber, oil or cake, |
| |
3| d. the sterilized seed of such plant which is incapable |
| |
4| of germination, |
| |
5| e. for any person participating in a clinical trial to |
| |
6| administer cannabidiol for the treatment of severe |
| |
7| forms of epilepsy pursuant to Section 2-802 of this |
| |
8| title, a drug or substance approved by the federal |
| |
9| Food and Drug Administration for use by those |
| |
10| participants, |
| |
11| f. for any person or the parents, legal guardians or |
| |
12| caretakers of the person who have received a written |
| |
13| certification from a physician licensed in this state |
| |
14| that the person has been diagnosed by a physician as |
| |
15| having Lennox-Gastaut syndrome, Dravet syndrome, also |
| |
16| known as severe myoclonic epilepsy of infancy, or any |
| |
17| other severe form of epilepsy that is not adequately |
| |
18| treated by traditional medical therapies, spasticity |
| |
19| due to multiple sclerosis or due to paraplegia, |
| |
20| intractable nausea and vomiting, appetite stimulation |
| |
21| with chronic wasting diseases, the substance |
| |
22| cannabidiol, a nonpsychoactive cannabinoid, found in |
| |
23| the plant Cannabis sativa L. or any other preparation |
| |
24| thereof, that has a tetrahydrocannabinol concentration |
| |
Req. No. 889 Page 33
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1| not more than three-tenths of one percent (0.3%) and |
| |
2| that is delivered to the patient in the form of a |
| |
3| liquid, |
| |
4| g. any federal Food and Drug Administration-approved |
| |
5| drug or substance, or |
| |
6| h. industrial hemp, from the plant Cannabis sativa L. |
| |
7| and any part of such plant, whether growing or not, |
| |
8| with a delta-9 tetrahydrocannabinol concentration not |
| |
9| more than three-tenths of one percent (0.3%) on a |
| |
10| dry-weight basis which shall only be grown pursuant to |
| |
11| the Oklahoma Industrial Hemp Program and may be |
| |
12| shipped intrastate and interstate; |
| |
13| 32. "Medical purpose" means an intention to utilize a |
| |
14|controlled dangerous substance for physical or mental treatment, for |
| |
15|diagnosis, or for the prevention of a disease condition not in |
| |
16|violation of any state or federal law and not for the purpose of |
| |
17|satisfying physiological or psychological dependence or other abuse; |
| |
18| 33. "Mid-level practitioner" means an Advanced Practice |
| |
19|Registered Nurse as defined and within parameters specified in |
| |
20|Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified |
| |
21|animal euthanasia technician as defined in Section 698.2 of Title 59 |
| |
22|of the Oklahoma Statutes, or an animal control officer registered by |
| |
23|the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
| |
24|under subsection B of Section 2-301 of this title within the |
| |
Req. No. 889 Page 34
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1|parameters of such officer's duties under Sections 501 through 508 |
| |
2|of Title 4 of the Oklahoma Statutes; |
| |
3| 34. "Narcotic drug" means any of the following, whether |
| |
4|produced directly or indirectly by extraction from substances of |
| |
5|vegetable origin, or independently by means of chemical synthesis, |
| |
6|or by a combination of extraction and chemical synthesis: |
| |
7| a. opium, coca leaves and opiates, |
| |
8| b. a compound, manufacture, salt, derivative or |
| |
9| preparation of opium, coca leaves or opiates, |
| |
10| c. cocaine, its salts, optical and geometric isomers, and |
| |
11| salts of isomers, |
| |
12| d. ecgonine, its derivatives, their salts, isomers and |
| |
13| salts of isomers, and |
| |
14| e. a substance, and any compound, manufacture, salt, |
| |
15| derivative or preparation thereof, which is chemically |
| |
16| identical with any of the substances referred to in |
| |
17| subparagraphs a through d of this paragraph, except |
| |
18| that the words narcotic drug as used in Section 2-101 |
| |
19| et seq. of this title shall not include decocainized |
| |
20| coca leaves or extracts of coca leaves, which extracts |
| |
21| do not contain cocaine or ecgonine; |
| |
22| 35. "Opiate" or "opioid" means any Schedule II, III, IV or V |
| |
23|substance having an addiction-forming or addiction-sustaining |
| |
24|liability similar to morphine or being capable of conversion into a |
| |
Req. No. 889 Page 35
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1|drug having such addiction-forming or addiction-sustaining |
| |
2|liability. The terms do not include, unless specifically designated |
| |
3|as controlled under the Uniform Controlled Dangerous Substances Act, |
| |
4|the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its |
| |
5|salts (dextromethorphan). The terms do include the racemic and |
| |
6|levorotatory forms; |
| |
7| 36. "Opium poppy" means the plant of the species Papaver |
| |
8|somniferum L., except the seeds thereof; |
| |
9| 37. "Palliative care" means a specialized medical service for |
| |
10|people of any age and at any stage of a serious illness or |
| |
11|life-altering medical event that focuses on navigating complex |
| |
12|medical decisions while providing patient autonomy and access to |
| |
13|information. Utilizing a holistic and interdisciplinary team |
| |
14|approach, palliative care addresses physical, intellectual, |
| |
15|emotional, social, and spiritual needs. Palliative care may be |
| |
16|provided in the inpatient, outpatient, or home care setting and |
| |
17|strives to improve quality of life for both the patient and the |
| |
18|family; |
| |
19| 38. "Patient-provider agreement" means a written contract or |
| |
20|agreement that is executed between a practitioner and a patient |
| |
21|prior to the commencement of treatment for chronic pain using an |
| |
22|opioid drug as a means to: |
| |
23| |
| |
24| |
| |
Req. No. 889 Page 36
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1| a. explain the possible risk of development of physical |
| |
2| or psychological dependence in the patient and prevent |
| |
3| the possible development of addiction, |
| |
4| b. document the understanding of both the practitioner |
| |
5| and the patient regarding the patient-provider |
| |
6| agreement of the patient, |
| |
7| c. establish the rights of the patient in association |
| |
8| with treatment and the obligations of the patient in |
| |
9| relation to the responsible use, discontinuation of |
| |
10| use, and storage of opioid drugs, including any |
| |
11| restrictions on the refill of prescriptions or the |
| |
12| acceptance of opioid prescriptions from practitioners, |
| |
13| d. identify the specific medications and other modes of |
| |
14| treatment, including physical therapy or exercise, |
| |
15| relaxation, or psychological counseling, that are |
| |
16| included as a part of the patient-provider agreement, |
| |
17| e. specify the measures the practitioner may employ to |
| |
18| monitor the compliance of the patient including, but |
| |
19| not limited to, random specimen screens and pill |
| |
20| counts, and |
| |
21| f. delineate the process for terminating the agreement, |
| |
22| including the consequences if the practitioner has |
| |
23| reason to believe that the patient is not complying |
| |
24| with the terms of the agreement. Compliance with the |
| |
Req. No. 889 Page 37
___________________________________________________________________________
1| consent items described in this paragraph shall |
| |
2| constitute a valid, informed consent for opioid |
| |
3| therapy. The practitioner shall be held harmless from |
| |
4| civil litigation for failure to treat pain if the |
| |
5| event occurs because of nonadherence by the patient |
| |
6| with any of the provisions of the patient-provider |
| |
7| agreement; |
| |
8| 39. "Peace officer" means a police officer, sheriff, deputy |
| |
9|sheriff, district attorney's investigator, investigator from the |
| |
10|Office of the Attorney General, or any other person elected or |
| |
11|appointed by law to enforce any of the criminal laws of this state |
| |
12|or of the United States; |
| |
13| 40. "Person" means an individual, corporation, government or |
| |
14|governmental subdivision or agency, business trust, estate, trust, |
| |
15|partnership or association, or any other legal entity; |
| |
16| 41. "Poppy straw" means all parts, except the seeds, of the |
| |
17|opium poppy, after mowing; |
| |
18| 42. "Practitioner" means: |
| |
19| a. (1) a medical doctor or osteopathic physician, |
| |
20| (2) a dentist, |
| |
21| (3) a podiatrist, |
| |
22| (4) an optometrist, |
| |
23| (5) a veterinarian, |
| |
24| (6) a physician assistant or, |
| |
Req. No. 889 Page 38
___________________________________________________________________________
1| (7) an Advanced Practice Registered Nurse under the |
| |
2| supervision of a licensed medical doctor or |
| |
3| osteopathic physician, |
| |
4| (7) (8) a scientific investigator, or |
| |
5| (8) (9) any other person, |
| |
6| licensed, registered or otherwise permitted to |
| |
7| prescribe, distribute, dispense, conduct research with |
| |
8| respect to, use for scientific purposes or administer |
| |
9| a controlled dangerous substance in the course of |
| |
10| professional practice or research in this state, or |
| |
11| b. a pharmacy, hospital, laboratory or other institution |
| |
12| licensed, registered or otherwise permitted to |
| |
13| distribute, dispense, conduct research with respect |
| |
14| to, use for scientific purposes or administer a |
| |
15| controlled dangerous substance in the course of |
| |
16| professional practice or research in this state; |
| |
17| 43. "Production" includes the manufacture, planting, |
| |
18|cultivation, growing or harvesting of a controlled dangerous |
| |
19|substance; |
| |
20| 44. "Serious illness" means a medical illness or physical |
| |
21|injury or condition that substantially affects quality of life for |
| |
22|more than a short period of time. Serious illness includes, but is |
| |
23|not limited to, Alzheimer's disease or related dementias, lung |
| |
24| |
| |
Req. No. 889 Page 39
___________________________________________________________________________
1|disease, cancer, heart failure, renal failure, liver failure, or |
| |
2|chronic, unremitting, or intractable pain such as neuropathic pain; |
| |
3| 45. "State" means the State of Oklahoma or any other state of |
| |
4|the United States; |
| |
5| 46. "Straw person" or "straw party", also known as a "front", |
| |
6|means a third party who: |
| |
7| a. is put up in name only to take part in a transaction |
| |
8| or otherwise is a nominal party to a transaction with |
| |
9| no actual control, |
| |
10| b. acts on behalf of another person to obtain title to |
| |
11| property and executes documents and instruments the |
| |
12| principal may direct respecting property, or |
| |
13| c. purchases property for another for the purpose of |
| |
14| concealing the identity of the real purchaser or to |
| |
15| accomplish some purpose otherwise in violation of the |
| |
16| Oklahoma Statutes; |
| |
17| 47. "Surgical procedure" means a procedure that is performed |
| |
18|for the purpose of structurally altering the human body by incision |
| |
19|or destruction of tissues as part of the practice of medicine. This |
| |
20|term includes the diagnostic or therapeutic treatment of conditions |
| |
21|or disease processes by use of instruments such as lasers, |
| |
22|ultrasound, ionizing, radiation, scalpels, probes, or needles that |
| |
23|cause localized alteration or transportation of live human tissue by |
| |
24|cutting, burning, vaporizing, freezing, suturing, probing, or |
| |
Req. No. 889 Page 40
___________________________________________________________________________
1|manipulating by closed reduction for major dislocations or |
| |
2|fractures, or otherwise altering by any mechanical, thermal, |
| |
3|light-based, electromagnetic, or chemical means; |
| |
4| 48. a. "Synthetic controlled substance" means a substance: |
| |
5| (1) the chemical structure of which is substantially |
| |
6| similar to the chemical structure of a controlled |
| |
7| dangerous substance in Schedule I or II, |
| |
8| (2) which has a stimulant, depressant, or |
| |
9| hallucinogenic effect on the central nervous |
| |
10| system that is substantially similar to or |
| |
11| greater than the stimulant, depressant, or |
| |
12| hallucinogenic effect on the central nervous |
| |
13| system of a controlled dangerous substance in |
| |
14| Schedule I or II, or |
| |
15| (3) with respect to a particular person, which such |
| |
16| person represents or intends to have a stimulant, |
| |
17| depressant, or hallucinogenic effect on the |
| |
18| central nervous system that is substantially |
| |
19| similar to or greater than the stimulant, |
| |
20| depressant, or hallucinogenic effect on the |
| |
21| central nervous system of a controlled dangerous |
| |
22| substance in Schedule I or II. |
| |
23| b. The designation of gamma-butyrolactone or any other |
| |
24| chemical as a precursor, pursuant to Section 2-322 of |
| |
Req. No. 889 Page 41
___________________________________________________________________________
1| this title, does not preclude a finding pursuant to |
| |
2| subparagraph a of this paragraph that the chemical is |
| |
3| a synthetic controlled substance. |
| |
4| c. Synthetic controlled substance does not include: |
| |
5| (1) a controlled dangerous substance, |
| |
6| (2) any substance for which there is an approved new |
| |
7| drug application, |
| |
8| (3) with respect to a particular person any |
| |
9| substance, if an exemption is in effect for |
| |
10| investigational use, for that person under the |
| |
11| provisions of Section 505 of the Federal Food, |
| |
12| Drug, and Cosmetic Act, 21 U.S.C., Section 355, |
| |
13| to the extent conduct with respect to such |
| |
14| substance is pursuant to such exemption, or |
| |
15| (4) any substance to the extent not intended for |
| |
16| human consumption before such an exemption takes |
| |
17| effect with respect to that substance. |
| |
18| d. Prima facie evidence that a substance containing |
| |
19| salvia divinorum has been enhanced, concentrated, or |
| |
20| chemically or physically altered shall give rise to a |
| |
21| rebuttable presumption that the substance is a |
| |
22| synthetic controlled substance; |
| |
23| 49. "Tetrahydrocannabinols" means all substances that have been |
| |
24|chemically synthesized to emulate the tetrahydrocannabinols of |
| |
Req. No. 889 Page 42
___________________________________________________________________________
1|marijuana, specifically including any tetrahydrocannabinols derived |
| |
2|from industrial hemp; and |
| |
3| 50. "Ultimate user" means a person who lawfully possesses a |
| |
4|controlled dangerous substance for the person's own use or for the |
| |
5|use of a member of the person's household or for administration to |
| |
6|an animal owned by the person or by a member of the person's |
| |
7|household. |
| |
8| SECTION 9. AMENDATORY 63 O.S. 2021, Section 2-312, as |
| |
9|amended by Section 2, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2024, |
| |
10|Section 2-312), is amended to read as follows: |
| |
11| Section 2-312. A. A physician, podiatrist, optometrist or a |
| |
12|dentist who has complied with the registration requirements of the |
| |
13|Uniform Controlled Dangerous Substances Act, in good faith and in |
| |
14|the course of such person's professional practice only, may |
| |
15|prescribe and administer controlled dangerous substances, or may |
| |
16|cause the same to be administered by medical or paramedical |
| |
17|personnel acting under the direction and supervision of the |
| |
18|physician, podiatrist, optometrist or dentist, and only may dispense |
| |
19|controlled dangerous substances pursuant to the provisions of |
| |
20|Sections 355.1 and 355.2 of Title 59 of the Oklahoma Statutes. |
| |
21| B. A veterinarian who has complied with the registration |
| |
22|requirements of the Uniform Controlled Dangerous Substances Act, in |
| |
23|good faith and in the course of the professional practice of the |
| |
24|veterinarian only, and not for use by a human being, may prescribe, |
| |
Req. No. 889 Page 43
___________________________________________________________________________
1|administer, and dispense controlled dangerous substances and may |
| |
2|cause them to be administered by an assistant or orderly under the |
| |
3|direction and supervision of the veterinarian. |
| |
4| C. An advanced practice nurse who is recognized to prescribe by |
| |
5|the Oklahoma Board of Nursing as an advanced registered nurse |
| |
6|practitioner, clinical nurse specialist or certified nurse-midwife, |
| |
7|who is subject to medical direction by a supervising physician, |
| |
8|pursuant to Section 567.3a of Title 59 of the Oklahoma Statutes, and |
| |
9|who has complied with the registration requirements of the Uniform |
| |
10|Controlled Dangerous Substances Act, in good faith and in the course |
| |
11|of professional practice only, may prescribe and administer Schedule |
| |
12|III, IV and V controlled dangerous substances. |
| |
13| D. An advanced practice nurse who is recognized to order, |
| |
14|select, obtain and administer drugs by the Oklahoma Board of Nursing |
| |
15|as a certified registered nurse anesthetist pursuant to Section |
| |
16|353.1b of Title 59 of the Oklahoma Statutes and who has complied |
| |
17|with the registration requirements of the Uniform Controlled |
| |
18|Dangerous Substances Act, in good faith and in the course of such |
| |
19|practitioner's professional practice only, may order, select, obtain |
| |
20|and administer Schedules II through V controlled dangerous |
| |
21|substances in a preanesthetic preparation or evaluation; anesthesia |
| |
22|induction, maintenance or emergence; or postanesthesia care setting |
| |
23|only. A certified registered nurse anesthetist may order, select, |
| |
24| |
| |
Req. No. 889 Page 44
___________________________________________________________________________
1|obtain and administer such drugs only during the perioperative or |
| |
2|periobstetrical period. |
| |
3| E. A physician assistant who is recognized to prescribe by the |
| |
4|State Board of Medical Licensure and Supervision under the medical |
| |
5|direction of a supervising physician, pursuant to Section 519.6 of |
| |
6|Title 59 of the Oklahoma Statutes, and who has complied with the |
| |
7|registration requirements of the Uniform Controlled Dangerous |
| |
8|Substances Act, in good faith and in the course of professional |
| |
9|practice only, may prescribe and administer Schedule: |
| |
10| 1. Schedules II through V controlled dangerous substances if |
| |
11|the physician assistant practices under a practice agreement with a |
| |
12|delegating physician as provided by Section 519.6 of Title 59 of the |
| |
13|Oklahoma Statutes; or |
| |
14| 2. Schedules III through V controlled dangerous substances if |
| |
15|the physician assistant does not practice under a practice agreement |
| |
16|as provided by Section 519.6 of Title 59 of the Oklahoma Statutes. |
| |
17| SECTION 10. REPEALER 59 O.S. 2021, Section 521.4, is |
| |
18|hereby repealed. |
| |
19| SECTION 11. This act shall become effective November 1, 2025. |
| |
20| |
| |
21| 60-1-889 DC 1/16/2025 5:45:18 AM |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 889 Page 45
