Oklahoma 2022 Regular Session

Oklahoma House Bill HB1079 Compare Versions

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3		-	SENATE FLOOR VERSION - HB1079 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1079 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 5, 2021
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1079 By: Gann and Crosswhite Hader
35	30		of the House
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37	32		and
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39	34		Dahm of the Senate
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45	42		An Act relating to sunset; amending 59 O.S. 2011,
46	43		Section 137, as last amended by Section 1, Chapter
47	44		469, O.S.L. 2019 (59 O.S. Supp. 2020, Section 137),
48	45		which relates to the Board of Podiatric Medical
49	46		Examiners; re-creating the Board; and modifying
50	47		termination date.
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55	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	53		SECTION 1. AMENDATORY 59 O.S. 2011, Section 137, as last
57	54		amended by Section 1, Chapter 469, O.S.L. 2019 (59 O.S. Supp. 2020,
58	55		Section 137), is amended to read as follows:
59	56		Section 137. A. A Board of Podiatric Medical Examiners is
60	57		hereby re-created, to continue until July 1, 2021 2024, in
61	58		accordance with the provisions of the Oklahoma Sunset Law. Said
62	59		Board shall regulate the practice of podiatric medicine in this
63	60		state in accordance with the provisions of the Podiatric Medicine
64	61		Practice Act. The Board, appointed by the Governor, shall be
	62	+	composed of five podiatric physicians licensed to practice podiatric
	63	+	medicine in this state and one lay member representing the public.
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66		-	SENATE FLOOR VERSION - HB1079 SFLR Page 2
67		-	(Bold face denotes Committee Amendments) 1
	65	+	ENGR. H. B. NO. 1079 Page 2 1
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92		-	composed of five podiatric physicians licensed to practice podiatric
93		-	medicine in this state and one lay member representing the public.
94	90		B. Each podiatric physician member of the Board shall:
95	91		1. Be a legal resident of this state;
96	92		2. Have practiced podiatric medicine cont inuously in this state
97	93		during the three (3) years immediately preceding his appointment to
98	94		the Board;
99	95		3. Be free of pending disciplinary action or active
100	96		investigation by the Board; and
101	97		4. Be a member in good standing of the American Podiatric
102	98		Medical Association and of the Oklahoma Podiatric Medical
103	99		Association.
104	100		C. The lay member of the Board shall:
105	101		1. Be a legal resident of this state;
106	102		2. Not be a registered or licensed practitioner of any of the
107	103		healing arts or be related, within the third degree of consanguinity
108	104		or affinity, to any such person; and
109	105		3. Participate in Board proceedings only for the purposes of:
110	106		a. reviewing, investigating and disposing of written
111	107		complaints regarding the conduct of podiatric
112	108		physicians, and
113	109		b. formulating, adopting a nd promulgating rules pursuant
114	110		to Article I of the Administrative Procedures Act.
	111	+	D. Except as provided in subsection E of this section, the term
	112	+	of office of each podiatric physician member of the Board shall be
	113	+	five (5) years, with one such member being appointed to the Board
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116		-	SENATE FLOOR VERSION - HB1079 SFLR Page 3
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	115	+	ENGR. H. B. NO. 1079 Page 3 1
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142		-	D. Except as provided in subsection E of this section, the term
143		-	of office of each podiatric physician member of the Board shall be
144		-	five (5) years, with one such member being appointed to the Board
145	140		each year. The lay member of the Board shall serve a term
146	141		coterminous with that of the Governor. Each member shall hold
147	142		office until the expiration of the term for which appointed or until
148	143		a qualified successor has been duly appoi nted. An appointment shall
149	144		be made by the Governor within ninety (90) days after the expiration
150	145		of the term of any member, or the occurrence of a vacancy on the
151	146		Board due to resignation, death, or any other cause resulting in an
152	147		unexpired term. The appoi ntment of the podiatric physician members
153	148		shall be made from a list of not less than five persons submitted
154	149		annually to the Governor by the Oklahoma Podiatric Medical
155	150		Association.
156	151		E. Each of the three podiatric physician members of the Board,
157	152		serving on the effective date of this act, shall complete the term
158	153		of office for which he or she was appointed, and the successor to
159	154		each such member shall be appointed for a term of five (5) years.
160	155		Within sixty (60) days after the effective date of this act, the
161	156		Governor shall appoint two new podiatric physician members to the
162	157		Board, one for a term expiring July 1, 1997, and one for a term
163	158		expiring on July 1, 1998. The successor to each such new member
164	159		shall be appointed for a term of five (5) years.
	160	+	F. Before assuming his duties on the Board, each member shall
	161	+	take and subscribe to the oath or affirmation provided in Article XV
	162	+	of the Oklahoma Constitution, which oath or affirmation shall be
	163	+	administered and filed as provided in said article.
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	165	+	ENGR. H. B. NO. 1079 Page 4 1
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192		-	F. Before assuming his duties on the Board, each member shall
193		-	take and subscribe to the oath or affirmation provided in Article XV
194		-	of the Oklahoma Constitution, which oath or affirmation shall be
195		-	administered and filed as provided in said article.
196	190		G. A member may be re moved from the Board by the Governor for
197	191		cause which shall include, but not be limited to:
198	192		1. Ceasing to be qualified;
199	193		2. Being found guilty by a court of competent jurisdiction of a
200	194		felony or of any offense involving moral turpitude;
201	195		3. Being found guilty, through due process, of malfeasance,
202	196		misfeasance or nonfeasance in relation to his Board duties;
203	197		4. Being found mentally incompetent by a court of competent
204	198		jurisdiction;
205	199		5. Being found in violation of any provision of the Podiatric
206	200		Medicine Practice Act; or
207	201		6. Failing to attend three consecutive meetings of the Board
208	202		without just cause, as determined by the Board.
209		-	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
210		-	April 5, 2021 - DO PASS
	203	+	Passed the House of Representatives the 3rd day of March, 2021.
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	208	+	Presiding Officer of the House
	209	+	of Representatives
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	212	+	Passed the Senate the ___ day of __________, 2021.
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	217	+	Presiding Officer of the Senate
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