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ENGROSSED HOUSE
BILL NO. 1896 By: Roberts (Sean) of the House
and
Bullard of the Senate
An Act relating to public health; creating the Brain
Death Standards Act; directing the Board of Medical
Licensure to promulgate certain rules; requiri ng the
Board to consider certain standards; requiring the
Board to amend rules when certain standards change;
prohibiting declaration of brain death by certain
persons; allowing continuing medical education
related to certain standards; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3124 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Brain Death
Standards Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3125 of Title 63 , unless there
is created a duplication in numbering, reads as follows:
A. The Board of Medical Licensure and Supervision shall
promulgate rules setting forth currently accepted medical standards,
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including criteria, tests, and procedures and requiring detailed
documentation of their fulfillment in a patient's medical record
when death is declared pursuant to paragraph 2 of Section 3122 of
Title 63 of the Oklahoma Statutes.
B. In assessing currently accepted medical standards, the Board
shall consider standards and guidelines issued by the American
Academy of Neurology and the American Academy of Pediatrics, as well
as by other widely recognized medical organizations or sources, and
it shall formally consider amending its rules promptly after any
changes in such standards or guidelines. The rules promulgated by
the Board may incorporate such standards or guidelines, or parts
thereof, by reference.
C. The rules shall ensure that if the individual to be declared
dead pursuant to Section 3122 of Title 63 of the Oklahoma Statutes
is or may be an organ donor, the physician who makes the declaration
that death has occurred shall not be the organ transplant surgeon,
the attending physician of the organ recipient, or an individual
otherwise subject to a potentiall y significant conflict of interest
relating to procedures for organ procurement.
D. The rules may provide for testing or completion of
continuing medical education regarding the required standards
governing determination of death for physicians authorized to make
such determinations.
SECTION 3. This act shall become effective November 1, 2021.
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Passed the House of Representatives the 8th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate