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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3264 By: Brewer
AS INTRODUCED
An Act relating to medical professional l icenses;
amending 59 O.S. 2021, Section 509 , which relates to
unprofessional condu ct for license suspension;
modifying basis for determination of unprofessional
conduct; providing standard based on information
related to COVID; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, 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, aiding o r 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 betraying a p rofessional secret to the detriment
of the patient;
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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 an y 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 Alford plea to a crime involving v iolation
of:
a. the antinarcotic or prohibition laws and regulations
of the federal government,
b. the laws of this state,
c. State Commissioner of Health rules, or
d. a determination by a judge or jury;
8. Dishonorable or immoral co nduct which is likely to deceive,
defraud, or harm the public;
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, in dictment or
confession of a criminal violati on shall not be necessary for the
enforcement of this provision. Proof of the commission of the act
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while in the practice of medicine or under the guise of the practice
of medicine shall be unprofessional conduc t;
10. Failure to keep complete and accurat e 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 adminis tering 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 attempted 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 du ly authorized under th e 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 type o f
material or as a res ult of any mental or p hysical condition. In
enforcing this section the State Board of Medical Licensure and
Supervision may, upon probable cause, request a physician to submit
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to a mental or physical examination by physicians designa ted by it.
If the physician refuses to subm it 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) days a fter notice is served
on the physician, excl usive 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 entitle d to present any testi mony and
other evidence to show why the physician should not be required to
submit to the examination. After a complete hearing, the Board
shall issue an order either requiring the physician to submit to the
examination or withdrawin g the request for exam ination. 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 controlled
substances or narcoti c drugs in excess of t he 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
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c. Prescribing, dispensing or administering opio id 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 behavior wh ich is seductive or se xually
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 necessary ongoin g medical treatment wh en
a doctor-patient relationship has been established, which
relationship can be severed by either party providing a reasonable
period of time is granted;
20. Performance of an abortion as defined by Section 1 -730 of
Title 63 of the Oklahoma Statutes, exc ept for an abortion n ecessary
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 emoti onal health of the mo ther 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 Sec tion
509.1 of this title on a licensee who violates this paragraph. The
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penalty shall include, but not be limited to, suspension of the
license for a period of not less than one (1) year; or
21. Failure to provide a proper and safe medical facility
setting and qualified assis tive 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 records to support
diagnosis, procedure, t reatment or prescribe d medications must be
produced and maintained ; or
22. Generating and spreading C OVID-19 vaccine misinformation or
disinformation including, but not limited to:
a. any information that is not factual, scientifically
grounded and consensus-driven for the betterment of
public health,
b. information that contradicts the eth ical
responsibility to practice medicine in the best
interests of patients, or
c. information which threatens to further erode public
trust in the medical profession and puts patients at
risk.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8601 KN 12/01/21