SENATE FLOOR VERSION - HB1079 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
April 5, 2021
ENGROSSED HOUSE
BILL NO. 1079 By: Gann and Crosswhite Hader
of the House
and
Dahm of the Senate
An Act relating to sunset; amending 59 O.S. 2011,
Section 137, as last amended by Section 1, Chapter
469, O.S.L. 2019 (59 O.S. Supp. 2020, Section 137),
which relates to the Board of Podiatric Medical
Examiners; re-creating the Board; and modifying
termination date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 137, as last
amended by Section 1, Chapter 469, O.S.L. 2019 (59 O.S. Supp. 2020,
Section 137), is amended to read as follows:
Section 137. A. A Board of Podiatric Medical Examiners is
hereby re-created, to continue until July 1, 2021 2024, in
accordance with the provisions of the Oklahoma Sunset Law. Said
Board shall regulate the practice of podiatric medicine in this
state in accordance with the provisions of the Podiatric Medicine
Practice Act. The Board, a ppointed by the Governor, shall be
SENATE FLOOR VERSION - HB1079 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
composed of five podiatric physicians licensed to practice podiatric
medicine in this state and one lay member representing the public.
B. Each podiatric physician member of the Board shall:
1. Be a legal resident of th is state;
2. Have practiced podiatric medicine cont inuously in this state
during the three (3) years immediately preceding his appointment to
the Board;
3. Be free of pending disciplinary action or active
investigation by the Board; and
4. Be a member in good standing of the American Podiatric
Medical Association and of the Oklahoma Podiatric Medical
Association.
C. The lay member of the Board shall:
1. Be a legal resident of this state;
2. Not be a registered or licensed practitioner of any of the
healing arts or be related, within the third degree of consanguinity
or affinity, to any such person; and
3. Participate in Board proceedings only for the purposes of:
a. reviewing, investigating and disposing of written
complaints regarding the conduct of podiatric
physicians, and
b. formulating, adopting a nd promulgating rules pursuant
to Article I of the Administrative Procedures Act.
SENATE FLOOR VERSION - HB1079 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. Except as provided in subsection E of this section, the term
of office of each podiatric physician member of the Board shall be
five (5) years, with one such member being appointed to the Board
each year. The lay member of the Board shall serve a term
coterminous with that of the Governor. Each member shall hold
office until the expiration of the term for which appointe d or until
a qualified successor has been duly appoi nted. An appointment shall
be made by the Governor within ninety (90) days after the expiration
of the term of any member, or the occurrence of a vacancy on the
Board due to resignation, death, or any ot her cause resulting in an
unexpired term. The appoi ntment of the podiatric physician members
shall be made from a list of not less than five persons submitted
annually to the Governor by the Oklahoma Podiatric Medical
Association.
E. Each of the three po diatric physician members of the Board,
serving on the effective date of this act, shall complete the term
of office for which he or she was appointed, and the successor to
each such member shall be appointed for a term of five (5) years.
Within sixty (60) days after the effective date of this act, the
Governor shall appoint two new podiatric physician members to the
Board, one for a term expiring July 1, 1997, and one for a term
expiring on July 1, 1998. The successor to each such new member
shall be appointed for a term of five (5) years.
SENATE FLOOR VERSION - HB1079 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
F. Before assuming his duties on the Board, each member shall
take and subscribe to the oath or affirmation provided in Article XV
of the Oklahoma Constitution, which oath or affirmation shall be
administered and filed as provided in said article.
G. A member may be re moved from the Board by the Governor for
cause which shall include, but not be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competent jurisdiction of a
felony or of any offense involving moral turpitude;
3. Being found guilty, through due process, of malfeasance,
misfeasance or nonfeasance in relation to his Board duties;
4. Being found mentally incompetent by a court of competent
jurisdiction;
5. Being found in violatio n of any provision of the Podiatric
Medicine Practice Act; or
6. Failing to attend three consecutive meetings of the Board
without just cause, as determined by the Board.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 5, 2021 - DO PASS