An Act
ENROLLED HOUSE
BILL NO. 1102 By: Olsen, West (Rick), Hardin
(David), Boles, Conley,
Smith, West (Kevin),
Humphrey, Russ, Stark,
Crosswhite Hader, McDugle,
Grego, Wolfley, Kendrix,
Mize, O'Donnell, Lawson ,
Stearman, Gann, Dobrinski,
Patzkowsky, West (Tammy) ,
Manger, Roberts (Sean),
Lepak, Dills and Steagall
of the House
and
Daniels, Bullard, Allen,
Bergstrom, Stephens and
Jett of the Senate
An Act relating to physician licensure; amending 59
O.S. 2011, Sections 509, as last amended by Section
36, Chapter 161, O.S.L. 2020 , and 637, as last
amended by Section 42, Chapter 161, O.S.L. 2020 (59
O.S. Supp. 2020, Section s 509 and 637), which relate
to unprofessional conduct; updating statutory term;
broadening certain definitions to include certain
acts; providing exceptions; providing penalties;
directing Office of the Attorney General to calculate
certain costs; requiring reporting of certain
records; providing for enforcement and effect under
certain circumstances; providing for noncodification;
and providing an effective date .
SUBJECT: Physician licensure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENR. H. B. NO. 1102 Page 2
SECTION 1. AMENDATORY 59 O.S. 2011, Section 509, as last
amended by Section 36, Chapter 161, O.S.L. 2020 (59 O.S. Supp. 2020,
Section 509), is amended to read as follows:
Section 509. The words "unprofessional conduct " as used in
Sections 481 through 518.1 of this title are hereby declared to
include, but shall not be limited to, the following:
1. Procuring, aidin g or abetting a criminal operation;
2. The obtaining of any fee or offering to accept any fee,
present or other form of remuneration whatsoever, on the assurance
or promise that a manifestly incurable disease can or will be cured;
3. Willfully betrayin g a professional secret to the detriment
of the patient;
4. Habitual intemperance or the habitual use of habit -forming
drugs;
5. Conviction or confession of, or plea of guilty, nolo
contendere, no contest or Alford plea to a felony or any offense
involving moral turpitude;
6. All advertising of medical business in which statements are
made which are grossly untrue or improbable and calculated to
mislead the public;
7. Conviction or confession of, or plea of guilty, nolo
contendere, no contest or Alf ord plea to a crime involving violation
of:
a. the antinarcotic or prohibition laws and regulations
of the federal government,
b. the laws of this state,
c. State Board Commissioner of Health rules, or
d. a determination by a judge or jury;
8. Dishonorable or immoral conduct which is likely to deceive,
defraud, or harm the public;
ENR. H. B. NO. 1102 Page 3
9. The commission of any act which is a violation of the
criminal laws of any state when such act is connected with the
physician's practice of medicine. A complaint, ind ictment or
confession of a criminal violation shall not be necessary for the
enforcement of this provision. Proof of the commission of the act
while in the practice of medicine or under the guise of the practice
of medicine shall be unprofessional conduct ;
10. Failure to keep complete and accurate records of purchase
and disposal of controlled drugs or of narcotic drugs;
11. The writing of false or fictitious prescriptions for any
drugs or narcotics declared by the laws of this state to be
controlled or narcotic drugs;
12. Prescribing or administering a drug or treatment without
sufficient examination and the establishment of a valid physician -
patient relationship and not prescribing in a safe, medically
accepted manner;
13. The violation, or attemp ted violation, direct or indirect,
of any of the provisions of the Oklahoma Allopathic Medical and
Surgical Licensure and Supervision Act, either as a principal,
accessory or accomplice;
14. Aiding or abetting, directly or indirectly, the practice of
medicine by any person not duly authorized under the laws of this
state;
15. The inability to practice medicine with reasonable skill
and safety to patients by reason of age, illness, drunkenness,
excessive use of drugs, narcotics, chemicals, or any other t ype of
material or as a result of any mental or physical condition. In
enforcing this section the State Board of Medical Licensure and
Supervision may, upon probable cause, request a physician to submit
to a mental or physical examination by physicians de signated by it.
If the physician refuses to submit to the examination, the Board
shall issue an order requiring the physician to show cause why the
physician will not submit to the examination and shall schedule a
hearing on the order within thirty (30) d ays after notice is served
on the physician, exclusive of the day of service. The physician
shall be notified by either personal service or by certified mail
with return receipt requested. At the hearing, the physician and
the physician's attorney are entitled to present any testimony and
other evidence to show why the physician should not be required to ENR. H. B. NO. 1102 Page 4
submit to the examination. After a complete hearing, the Board
shall issue an order either requiring the physician to submit to the
examination or withd rawing the request for examination. The medical
license of a physician ordered to submit for examination may be
suspended until the results of the examination are received and
reviewed by the Board;
16. a. Prescribing, dispensing or administering of cont rolled
substances or narcotic drugs in excess of the amount
considered good medical practice,
b. Prescribing, dispensing or administering controlled
substances or narcotic drugs without medical need in
accordance with pertinent licensing board standards,
or
c. Prescribing, dispensing or administering opioid drugs
in excess of the maximum limits authorized in Section
2-309I of Title 63 of the Oklahoma Statutes;
17. Engaging in physical conduct with a patient which is sexual
in nature, or in any verbal be havior which is seductive or sexually
demeaning to a patient;
18. Failure to maintain an office record for each patient which
accurately reflects the evaluation, treatment, and medical necessity
of treatment of the patient;
19. Failure to provide neces sary ongoing medical treatment when
a doctor-patient relationship has been established, which
relationship can be severed by either party providing a reasonable
period of time is granted; or
20. Performance of an abortion as defined by Section 1 -730 of
Title 63 of the Oklahoma Statutes, except for an abortion necessary
to prevent the death of the mother or to prevent substantial or
irreversible physical impairment of the mother that substantially
increases the risk of death. The performance of an abortio n on the
basis of the mental or emotional health of the mother shall be a
violation of this paragraph, notwithstanding a claim or diagnosis
that the woman may engage in conduct which she intends to result in
her death. The Board shall impose a penalty as provided in Section
509.1 of this title on a licensee who violates this paragraph. The
penalty shall include, but not be limited to, suspension of the
license for a period of not less than one (1) year ; or ENR. H. B. NO. 1102 Page 5
21. Failure to provide a proper and safe medica l facility
setting and qualified assistive personnel for a recognized medical
act, including but not limited to an initial in -person patient
examination, office surgery, diagnostic service or any other medical
procedure or treatment. Adequate medical reco rds to support
diagnosis, procedure, treatment or prescribed medications must be
produced and maintained.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 637, as last
amended by Section 42, Chapter 161, O.S.L. 2020 (59 O.S. Supp. 202 0,
Section 637), is amended to read as follows:
Section 637. A. The State Board of Osteopathic Examiners may
refuse to admit a person to an examination or may refuse to issue or
reinstate or may suspend or revoke any license issued or reinstated
by the Board upon proof that the applicant or holder of such a
license:
1. Has obtained a license, license renewal or authorization to
sit for an examination, as the case may be, through fraud,
deception, misrepresentation or bribery; or has been granted a
license, license renewal or authorization to sit for an examination
based upon a material mistake of fact;
2. Has engaged in the use or employment of dishonesty, fraud,
misrepresentation, false promise, false pretense, unethical conduct
or unprofessional con duct, as may be determined by the Board, in the
performance of the functions or duties of an osteopathic physician,
including but not limited to the following:
a. obtaining or attempting to obtain any fee, charge,
tuition or other compensation by fraud, d eception or
misrepresentation; willfully and continually
overcharging or overtreating patients; or charging for
visits to the physician 's office which did not occur
or for services which were not rendered,
b. using intimidation, coercion or deception to o btain or
retain a patient or discourage the use of a second
opinion or consultation,
c. willfully performing inappropriate or unnecessary
treatment, diagnostic tests or osteopathic medical or
surgical services, ENR. H. B. NO. 1102 Page 6
d. delegating professional responsibilities to a person
who is not qualified by training, skill, competency,
age, experience or licensure to perform them, noting
that delegation may only occur within an appropriate
doctor-patient relationship, wherein a proper patient
record is maintained including , but not limited to, at
the minimum, a current history and physical,
e. misrepresenting that any disease, ailment, or
infirmity can be cured by a method, procedure,
treatment, medicine or device,
f. acting in a manner which results in final disciplinary
action by any professional society or association or
hospital or medical staff of such hospital in this or
any other state, whether agreed to voluntarily or not,
if the action was in any way related to professional
conduct, professional competence, malpra ctice or any
other violation of the Oklahoma Osteopathic Medicine
Act,
g. signing a blank prescription form; or dispensing,
prescribing, administering or otherwise distributing
any drug, controlled substance or other treatment
without sufficient examinati on or the establishment of
a physician-patient relationship, or for other than
medically accepted therapeutic or experimental or
investigational purpose duly authorized by a state or
federal agency, or not in good faith to relieve pain
and suffering, or no t to treat an ailment, physical
infirmity or disease, or violating any state or
federal law on controlled dangerous substances
including, but not limited to, prescribing, dispensing
or administering opioid drugs in excess of the maximum
limits authorized in Section 2-309I of Title 63 of the
Oklahoma Statutes,
h. engaging in any sexual activity within a physician -
patient relationship,
i. terminating the care of a patient without adequate
notice or without making other arrangements for the
continued care of the patient,
ENR. H. B. NO. 1102 Page 7
j. failing to furnish a copy of a patient 's medical
records upon a proper request from the patient or
legal agent of the patient or another physician; or
failing to comply with any other law relating to
medical records,
k. failing to comply with any subpoena issued by the
Board,
l. violating a probation agreement or order with this
Board or any other agency, and
m. failing to keep complete and accurate records of
purchase and disposal of controlled drugs or narcotic
drugs;
3. Has engaged in gross negligence, gross malpractice or gross
incompetence;
4. Has engaged in repeated acts of negligence, malpractice or
incompetence;
5. Has been finally adjudicated and found guilty, or entered a
plea of guilty or nolo contendere in a criminal pr osecution, for any
offense reasonably related to the qualifications, functions or
duties of an osteopathic physician, whether or not sentence is
imposed, and regardless of the pendency of an appeal;
6. Has had the authority to engage in the activities re gulated
by the Board revoked, suspended, restricted, modified or limited, or
has been reprimanded, warned or censured, probated or otherwise
disciplined by any other state or federal agency whether or not
voluntarily agreed to by the physician including, b ut not limited
to, the denial of licensure, surrender of the license, permit or
authority, allowing the license, permit or authority to expire or
lapse, or discontinuing or limiting the practice of osteopathic
medicine pending disposition of a complaint or completion of an
investigation;
7. Has violated, or failed to comply with provisions of any act
or regulation administered by the Board;
8. Is incapable, for medical or psychiatric or any other good
cause, of discharging the functions of an osteopathi c physician in a
manner consistent with the public 's health, safety and welfare; ENR. H. B. NO. 1102 Page 8
9. Has been guilty of advertising by means of knowingly false
or deceptive statements;
10. Has been guilty of advertising, practicing, or attempting
to practice under a na me other than one's own;
11. Has violated or refused to comply with a lawful order of
the Board;
12. Has been guilty of habitual drunkenness, or habitual
addiction to the use of morphine, cocaine or other habit -forming
drugs;
13. Has been guilty of p ersonal offensive behavior, which would
include, but not be limited to , obscenity, lewdness, and
molestation; and
14. Has performed an abortion as defined by Section 1 -730 of
Title 63 of the Oklahoma Statutes, except for an abortion necessary
to prevent the death of the mother or to prevent substantial or
irreversible physical impairment of the mother that substantially
increases the risk of death. The performance of an abortion on the
basis of the mental or emotional health of the mother shall be a
violation of this paragraph, notwithstanding a claim or diagnosis
that the woman may engage in conduct which she intends to result in
her death. The Board shall impose a penalty as provided in this
section and in Section 637.1 of this title on a licensee who
violates this paragraph. The penalty shall include, but not be
limited to, suspension of the license for a period of not less than
one (1) year; or
15. Has been adjudicated to be insane, or incompetent, or
admitted to an institution for the treatment of psychiatric
disorders.
B. The State Board of Osteopathic Examiners shall neither
refuse to renew, nor suspend, nor revoke any license, however, for
any of these causes, unless the person accused has been given at
least twenty (20) days ' notice in writing of the charge against him
or her and a public hearing by the Board ; provided, three-fourths
(3/4) of a quorum present at a meeting may vote to suspend a license
in an emergency situation if the licensee affected is provided a
public hearing within thirty (30) days of the emergency suspension.
ENR. H. B. NO. 1102 Page 9
C. The State Board of Osteopathic Examiners shall have the
power to order or subpoena the attendance of witnesses, the
inspection of records and premises and the production of relevant
books and papers for the inve stigation of matters that may come
before them. The presiding officer of the Board shall have the
authority to compel the giving of testimony as is conferred on
courts of justice.
D. Any osteopathic physician in the State of Oklahoma whose
license to practice osteopathic medicine is revoked or suspended
under this section shall have the right to seek judicial review of a
ruling of the Board pursuant to the Administrative Procedures Act.
E. The Board may enact rules and regulations pursuant to the
Administrative Procedures Act setting out additional acts of
unprofessional conduct ;, which acts shall be grounds for refusal to
issue or reinstate, or for action to condition, suspend or revoke a
license.
SECTION 3. NEW LAW A new sec tion of law not to be
codified in the Oklahoma Statutes reads as follows:
In the event that any provision of Section 509 or 637 of Title
59 of the Oklahoma Statutes , as last amended by Section 1 or 2 of
this act, is challenged in court in any action alleg ing violation of
either the Constitution of the United States of America or the State
of Oklahoma, the Office of the Attorney General shall determine the
amount of state or local funds expended to defend such action. Such
determination shall include the n umber of hours of time spent by any
public employee in such defense multiplied by the rate of
compensation paid to such employee, as well as the costs of any
outside counsel paid for such purpose, and shall include both direct
and indirect costs. The Offi ce of the Attorney General shall report
such amounts for each calendar quarter to all members of the
Legislature.
SECTION 4. NEW LAW A new section of law not to be
codified in the Oklahoma Statut es reads as follows:
In the event that any provision of Section 509 or 637 of Title
59 of the Oklahoma Statutes, as last amended by Section 1 or 2 of
this act, is ever temporarily or permanently restrained or enjoined
by court order, the remaining provisions of such section shall be
enforced as though the restrained or enjoined provisions had not
been adopted; provided, however, if such temporary or permanent ENR. H. B. NO. 1102 Page 10
restraining order or injunction is stayed, dissolved or otherwise
ceases to have effect, such provisions shall have full force and
effect.
SECTION 5. This act shall become effective November 1, 2021.
ENR. H. B. NO. 1102 Page 11
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Se cretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________