Oklahoma 2022 Regular Session

Oklahoma House Bill HB3540 Compare Versions

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3540 By: Caldwell (Chad) of the
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	30	+	April 4, 2022
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	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 3540 By: Caldwell (Chad) of the
4	36		House
5	37
6	38		and
7	39
8	40		Pugh of the Senate
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13		-
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15	45		An Act relating to physician assistants; amending 63
16		-	O.S. 2021, Section 1-317, which relates to death
17		-	certificates; permitting physician assistants to sign
18		-	the medical certification of a death certificate; and
19		-	providing an effective date .
	46	+	O.S. 2021, Section 1 -317, as last amended by Section
	47	+	1, Chapter 247, O.S.L. 2021, which relates to death
	48	+	certificates; allowing physician assistant to sign
	49	+	death certificate subject to certain condition;
	50	+	amending 63 O.S. 2021, Section 2 -312, which relates
	51	+	to controlled dangerous substance s; modifying
	52	+	references; and providing an effective date.
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23		-	SUBJECT: Physician assistants
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25	57		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
26		-
27		-	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-317, is
28		-	amended to read as follows:
29		-
	58	+	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -317, as
	59	+	last amended by Section 1, Chapter 247, O.S.L. 2021, is amended to
	60	+	read as follows:
30	61		Section 1-317. A. A death certificate for each death which
31	62		occurs in this state sha ll be filed with the State Department of
32	63		Health, within three (3) days after such death.
33		-
34	64		B. The funeral director shall personally sign the death
35	65		certificate and shall be responsible for filing the death
36	66		certificate. If the funeral director is not availab le, the person
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37	94		acting as such who first assumes c ustody of a dead body in
38	95		accordance with Section 1158 of Title 21 of the Oklahoma Statutes
39	96		shall personally sign and file the death certificate. The personal
40	97		data shall be obtained from the next of kin or t he best qualified
41	98		person or source available. Th e certificate shall be completed as
42	99		to personal data and delivered to the attending physic ian or the
43	100		medical examiner responsible for completing the medical
44	101		certification portion of the certificate of death within twenty-four
45	102		(24) hours after the death. N o later than July 1, 2012, the
46		-	personal data, and no later ~~t han~~ July 1, 2017, the medical ~~ENR. H. B. NO. 3540 Page 2~~
	103	+	personal data, and no later than July 1, 2017, the medical
47	104		certificate portion, shall be entered into the prescribed electronic
48	105		system provided by the State Registrar of Vital Statistics and the
49	106		information submitted to the S tate Registrar of Vital Statistics.
50	107		The resultant certificate produced by the electronic system shall be
51	108		provided to the physician or medical examiner for medical
52	109		certification within twenty-four (24) hours after the death.
53		-
54	110		C. The medical certification s hall be completed and signed
55		-	within forty-eight (48) hours after death by the physician or
56		-	advanced practice registered nurse ~~or physician assistant~~ in charge
	111	+	within forty-eight (48) hours after death by the physician ,
	112	+	physician assistant, or advanced practice registered nurse in charge
57	113		of the patient's care for the illness or conditio n which resulted in
58	114		death, except when inquiry as to the cause of death is required by
59	115		Section 938 of this title. No later than July 1, 20 17, the medical
60	116		certification portion of certifica te data shall be entered into the
61	117		prescribed electronic system prov ided by the State Reg istrar of
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62	145		Vital Statistics and the information submitted to the State
63	146		Registrar of Vital Statistics.
64		-
65		-	D. In the event that t he physician or advanced practice
66		-	registered nurse or physician assistant in charge of the patient 's
67		-	care for the illness or condition which resul ted in death is not in
	147	+	D. In the event that the physician, physician assistant, or
	148	+	advanced practice registered nurse in charge of the patient's care
	149	+	for the illness or conditio n which resulted in death is not in
68	150		attendance at the time of death, the medical certification shall be
69	151		completed and signed within forty-eight (48) hours after death by
70		-	the physician or advanced practice registered nurse or physician
71		-	assistant in attendance at the tim e of death, except:
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	152	+	the physician, physician assistant, or advanced practice register ed
	153	+	nurse in attendance at the time of death, exce pt:
73	154		1. When the patient is under hospice care at the time of death,
74	155		the medical certifica tion may be signed by the hospice's medical
75	156		director; and
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77	157		2. When inquiry as to the cause of death is required by Se ction
78	158		938 of this title.
79		-
80	159		Provided, that such cert ification, if signed by other than the
81		-	attending physician or advanced practice registered nurse or
82		-	physician assistant, shall note on the face the name of the
83	160		attending physician, physician assistant, or advanced practice
84		-	registered nurse and that the information shown is only as reported.
85		-
	161	+	registered nurse, shall note on the face the name of the attending
	162	+	physician, physician assistant, or advanced practice registered
	163	+	nurse and that the info rmation shown is only as reported.
86	164		E. A certifier completing cause of death on a certific ate of
87	165		death who knows that a lethal drug, overdose or other means of
88	166		assisting suicide within the meaning of Section s 3141.2 through
89	167		3141.4 of this title caused or c ontributed to the death shall list
90	168		that means among the chain of events under cause of dea th or list it
91		-	in the box that describ es how the injury occurred . If such means is ENR. H. B. NO. 3540 Page 3
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	196	+	in the box that describes how the inju ry occurred. If such means is
92	197		in the chain of events under cause of death or in the b ox that
93	198		describes how the in jury occurred, the certifier shall indicate
94	199		"suicide" as the manner of death.
	200	+	F. The authority of a physician assistant to carry out the
	201	+	functions described in this section shall be governed by the
	202	+	practice agreement as provided by Section 519.6 of Title 59 of the
	203	+	Oklahoma Statutes.
	204	+	SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-312, is
	205	+	amended to read as follows:
	206	+	Section 2-312. A. A physician, podiatrist, optometrist or a
	207	+	dentist who has complied with the registration requirem ents of the
	208	+	Uniform Controlled Dangerous Su bstances Act, in good faith and in
	209	+	the course of such person's professional practice only, may
	210	+	prescribe and administer controlled dangerous substances, or may
	211	+	cause the same to be administered by medical or param edical
	212	+	personnel acting under the direction and supervision of the
	213	+	physician, podiatrist, op tometrist or dentist, and only may dispense
	214	+	controlled dangerous substances pursuant to the provisions of
	215	+	Sections 355, 355.1 and 355.2 of Title 59 of the Oklahoma Statutes.
	216	+	B. A veterinarian who has compli ed with the registration
	217	+	requirements of the Unif orm Controlled Dangerous Substances Act, in
	218	+	good faith and in the course of the professional practice of the
	219	+	veterinarian only, and not for use by a human being, ma y prescribe,
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96		-	SECTION 2. This act shall become effective November 1, 2022.
97		-	ENR. H. B. NO. 3540 Page 4
98		-	Passed the House of Representatives the 8th day of March, 2022.
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	247	+	administer, and dispense contr olled dangerous substances and may
	248	+	cause them to be administered by an assistant or orderly under the
	249	+	direction and supervision of the veterinarian.
	250	+	C. An advanced practice nurse who is recognized to prescribe by
	251	+	the Oklahoma Board of Nursing as an advanc ed registered nurse
	252	+	practitioner, clinical nurse specialist or certified nurse-midwife,
	253	+	who is subject to medical direction by a supervising physician,
	254	+	pursuant to Section 567.3a of Title 59 of the Oklahoma Statut es, and
	255	+	who has complied with the registrat ion requirements of the Uniform
	256	+	Controlled Dangerous Substances Act, in good faith and in the course
	257	+	of professional practice only, may prescribe and administer Schedule
	258	+	III, IV and V controlled dangerous substanc es.
	259	+	D. An advanced practice nurse who is r ecognized to order,
	260	+	select, obtain and administer drugs by the Oklahoma Board of Nursing
	261	+	as a certified registered nurse anesthetist pursuant to Section
	262	+	353.1b of Title 59 of the Oklahoma Statutes and who has comp lied
	263	+	with the registration requirements of the Uniform Controlled
	264	+	Dangerous Substances Act, in good faith and in the course of such
	265	+	practitioner's professional practice only, may order, select, obtain
	266	+	and administer Schedules II through V controlled danger ous
	267	+	substances in a preanesthetic preparati on or evaluation; anesthesia
	268	+	induction, maintenan ce or emergence; or postanesthesia care setting
	269	+	only. A certified registered nurse anesthetist may order, select,
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102		-
103		-	Presiding Officer of the House
104		-	of Representatives
105		-
106		-
107		-	Passed the Senate the 27th day of April, 2022.
108		-
109		-
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111		-
112		-	Presiding Officer of the Senate
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115		-
116		-	OFFICE OF THE GOVERNOR
117		-	Received by the Office of the Governor this ____________________
118		-	day of ___________________, 20_______, at _______ o'clock _______ M.
119		-	By: _________________________________
120		-	Approved by the Governor of the Stat e of Oklahoma this _____ ____
121		-	day of ___________________, 20_______, at _______ o'clock _______ M.
122		-
123		-
124		-	_________________________________
125		-	Governor of the State of Oklahoma
126		-
127		-	OFFICE OF THE SECRETARY OF STATE
128		-	Received by the Office of the Secretary of State thi s __________
129		-	day of ___________________, 20_______, at _______ o'clock _______ M.
130		-	By: _________________________________
131		-
	297	+	obtain and administer such drugs only during the perioperative or
	298	+	periobstetrical period.
	299	+	E. A physician assistant who is recognized to pres cribe by the
	300	+	State Board of Medical Licensure and Su pervision under the medical
	301	+	direction of a supervising physician, pursuant to subsection D of
	302	+	Section 519.6 of Title 59 of the Oklahoma Statutes, and who h as
	303	+	complied with the registration requirements of the Uniform
	304	+	Controlled Dangerous Substances Act, in good faith and in the course
	305	+	of professional practice only, may prescribe and administer Schedule
	306	+	II through V controlled dangerous substances.
	307	+	SECTION 3. This act shall become effective November 1, 2022.
	308	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	309	+	April 4, 2022 - DO PASS AS AMENDED