Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3741 Comm Sub / Bill

Filed 03/02/2022

                     
 
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STATE OF OKLAHOMA 
 
2nd Session of the 58th Legislature (2022) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 3741 	By: Blancett 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to medical licensure; amending 59 
O.S. 2021, Sections 641 and 495a.1, which relate to 
continuing education licensure requirements; creating 
education option; and providing an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.    AMENDATORY   59 O.S. 2021, Section 641, is 
amended to read as follows: 
Section 641.  A.  All persons legally licensed to practic e 
osteopathic medicine in this state, on or before the first day of 
July of each year, shall ap ply to the secretary -treasurer of the 
State Board of Osteopathic Examiners, on forms furnished thereby, 
for a renewal certificate of registration entitling such licensee to 
practice osteopathic medicine and surgery in Oklahoma during the 
next ensuing fiscal year. 
B.  Each application sh all be accompanied by a renewal fee in an 
amount sufficient to cover the cost and expense incurred by the   
 
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State Board of Osteopat hic Examiners, for a renewal of the person 's 
certificate to practice osteopathic medicine. 
C.  1.  In addition to the payment o f the annual renewal fee 
each licensee applying for a renewal of the certificate shall 
furnish to the State Board of Osteopathic Examiners proof that the 
person has attended at least two (2) days of the annual educational 
program conducted by the Oklahoma Osteopathic Association, or its 
equivalent, as determined by the Board, in the fiscal year preceding 
the application for a renewa l; provided, the Board may excuse the 
failure of the licensee to attend the educational program in the 
case of illness or other unavoidable casualty rendering it 
impossible for the licensee to have attended the educational program 
or its equivalent. 
2.  The Board shall require that the licensee receive not less 
than one (1) hour of education in pain management or, one (1) hour 
of education in opioid use or addi ction, and one (1) hour of suicide 
prevention education each year preceding an application for rene wal 
of a license, unless the licensee has demonstrated to the 
satisfaction of the Board that the licensee does not currently hold 
a valid federal Drug Enforc ement Administration registration number.  
Such education may be held at the annual educational pro gram 
referenced in paragraph 1 of this subsection. 
D.  The secretary of the State Board of Osteopathic Examiners 
shall send a written notice to every person holding a legal   
 
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certificate to practice osteopathic medicine in this state, at least 
thirty (30) days prior to the first day of July each year, directed 
to the last-known address of the licensee, notifying the licensee 
that it will be necessary for the lic ensee to pay the renewal 
license fee as herein provided, and proper forms shall accompany the 
notice upon which the licensee shall make application for renew al of 
the certificate. 
SECTION 2.    AMENDATORY     59 O.S. 2021, Section 495a.1, is 
amended to read as follows: 
A.  At regular intervals set by the State Board of Medical 
Licensure and Supervision, no less than one time per annum, each 
licensee licensed by the Oklahoma Allopathic Medical and Surgical 
Licensure and Supervision Ac t shall demonstrate to the Board the 
licensee's continuing qualification to practice medicine and 
surgery.  The licensee shall apply for license reregistration on a 
form or forms provided by the Board, which shall be designed to 
require the licensee to upd ate or add to the information in the 
Board's file relating to the licensee and his or her professional 
activity.  It shall also require the licensee to report to the Board 
the following information: 
1.  Any action taken against the licensee for acts or con duct 
similar to acts or conduct described in the Oklahoma Allopathic 
Medical and Surgical Licensure and Su pervision Act as grounds for 
disciplinary action by:   
 
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a. any jurisdiction or authority (United States or 
foreign) that licenses or authorizes the pract ice of 
medicine and surgery, 
b. any peer review body, 
c. any health care institution, 
d. any professional medical society or association, 
e. any law enforcement agency, 
f. any court, or 
g. any governmental agency; 
2.  Any adverse judgment, settlement, or a ward against the 
licensee arising from a professional liability claim; 
3.  The licensee's voluntary surrender of or voluntary 
limitation on any license or authorization to practice medicine and 
surgery in any jurisdiction, including military, public health and 
foreign; 
4.  Any denial to the licensee of a license or authorization to 
practice medicine and surger y by any jurisdiction, including 
military, public health or foreign; 
5.  The licensee's voluntary resignation from the medical staff 
of any health care institution or voluntary limitation of the 
licensee's staff privileges at such an institution if that ac tion 
occurred while the licensee was under formal or informal 
investigation by the institution or a committee thereof for any   
 
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reason related to allege d medical incompetence, unprofessional 
conduct, or mental or physical impairment; 
6.  The licensee's voluntary resignation or withdrawal from a 
national, state, or county medical society, association, or 
organization if that action occurred while the licen see was under 
formal or informal investigation or review by that body for any 
reason related to possible m edical incompetence, unprofessional or 
unethical conduct, or mental or physical impairment; 
7.  Whether the licensee has abused or has been addicted t o or 
treated for addiction to alcohol or any chemical substance during 
the previous registration period, u nless such person is in a 
rehabilitation program approved by the Board; 
8.  Whether the licensee has had any physical injury or disease 
or mental illness during the previous registration period that 
affected or interrupted his or her practice of medicine a nd surgery; 
and 
9. The licensee's completion of continuing medical education or 
other forms of professional maintenance or evaluation, including 
specialty board certification or recertification, during the 
previous registration period. 
B.  The Board may require continuing medical education for 
license reregistration and require documentation of that education.  
The Board shall promulgate rules on the s pecific requirements of the 
amount of continuing medical education needed for reregistration.    
 
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Failure to meet the requirements in the allotted time may result in 
the licensee being required to pay a nondisciplinary fine by the 
Board secretary of up to but not more than One Thousand Dollars 
($1,000.00). 
C.  The Board shall require that the licensee receive not less 
than one (1) hour of education in pain management or, one (1) hour 
of education in opioid use or addictio n, and one (1) hour of suicide 
prevention education each year preceding an application for renewal 
of a license, unless the licensee has demonstra ted to the 
satisfaction of the Board that the licensee does not currently hold 
a valid federal Drug Enforcement Administration registration number. 
D.  The licensee shall sign and attest to the veraci ty of the 
application form for license reregistration.  Failure to report 
fully and correctly shall be grounds for disciplinary action by the 
Board. 
E.  The Board shall establish a system for reviewing 
reregistration forms.  The Board may initiate investig ations and 
disciplinary proceedings based on information submitted by licensees 
for license reregistration. 
F.  Upon a finding by the Board that the licensee is fit to 
continue to practice medicine and surgery in this state, the Board 
shall issue to the li censee a license to practice medicine and 
surgery during the next registration period.   
 
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SECTION 3.  This act shall become effective November 1, 2022. 
 
58-2-10842 KN 03/01/22