Oklahoma 2022 Regular Session

Oklahoma House Bill HB3741 Compare Versions

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3-HB3741 HFLR Page 1
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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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3128 STATE OF OKLAHOMA
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3330 2nd Session of the 58th Legislature (2022)
3431
3532 COMMITTEE SUBSTITUTE
3633 FOR
3734 HOUSE BILL NO. 3741 By: Blancett
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4340 COMMITTEE SUBSTITUTE
4441
4542 An Act relating to medical licensure; amending 59
4643 O.S. 2021, Sections 641 and 495a.1, which relate to
4744 continuing education licensure requirements; creating
4845 education option; and providing an effective date.
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5350 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5451 SECTION 1. AMENDATORY 59 O.S. 2021, Section 641, is
5552 amended to read as follows:
5653 Section 641. A. All persons legally licensed to practic e
5754 osteopathic medicine in this state, on or before the first day of
5855 July of each year, shall ap ply to the secretary -treasurer of the
5956 State Board of Osteopathic Examiners, on forms furnished thereby,
6057 for a renewal certificate of registration entitling such licensee to
6158 practice osteopathic medicine and surgery in Oklahoma during the
6259 next ensuing fiscal year.
6360 B. Each application sh all be accompanied by a renewal fee in an
6461 amount sufficient to cover the cost and expense incurred by the
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9288 State Board of Osteopat hic Examiners, for a renewal of the person 's
9389 certificate to practice osteopathic medicine.
9490 C. 1. In addition to the payment o f the annual renewal fee
9591 each licensee applying for a renewal of the certificate shall
9692 furnish to the State Board of Osteopathic Examiners proof that the
9793 person has attended at least two (2) days of the annual educational
9894 program conducted by the Oklahoma Osteopathic Association, or its
9995 equivalent, as determined by the Board, in the fiscal year preceding
10096 the application for a renewa l; provided, the Board may excuse the
10197 failure of the licensee to attend the educational program in the
10298 case of illness or other unavoidable casualty rendering it
10399 impossible for the licensee to have attended the educational program
104100 or its equivalent.
105101 2. The Board shall require that the licensee receive not less
106102 than one (1) hour of education in pain management or, one (1) hour
107103 of education in opioid use or addi ction, and one (1) hour of suicide
108104 prevention education each year preceding an application for rene wal
109105 of a license, unless the licensee has demonstrated to the
110106 satisfaction of the Board that the licensee does not currently hold
111107 a valid federal Drug Enforc ement Administration registration number.
112108 Such education may be held at the annual educational pro gram
113109 referenced in paragraph 1 of this subsection.
114110 D. The secretary of the State Board of Osteopathic Examiners
115111 shall send a written notice to every person holding a legal
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143138 certificate to practice osteopathic medicine in this state, at least
144139 thirty (30) days prior to the first day of July each year, directed
145140 to the last-known address of the licensee, notifying the licensee
146141 that it will be necessary for the lic ensee to pay the renewal
147142 license fee as herein provided, and proper forms shall accompany the
148143 notice upon which the licensee shall make application for renew al of
149144 the certificate.
150145 SECTION 2. AMENDATORY 59 O.S. 2021, Section 495a.1, is
151146 amended to read as follows:
152147 A. At regular intervals set by the State Board of Medical
153148 Licensure and Supervision, no less than one time per annum, each
154149 licensee licensed by the Oklahoma Allopathic Medical and Surgical
155150 Licensure and Supervision Ac t shall demonstrate to the Board the
156151 licensee's continuing qualification to practice medicine and
157152 surgery. The licensee shall apply for license reregistration on a
158153 form or forms provided by the Board, which shall be designed to
159154 require the licensee to upd ate or add to the information in the
160155 Board's file relating to the licensee and his or her professional
161156 activity. It shall also require the licensee to report to the Board
162157 the following information:
163158 1. Any action taken against the licensee for acts or con duct
164159 similar to acts or conduct described in the Oklahoma Allopathic
165160 Medical and Surgical Licensure and Su pervision Act as grounds for
166161 disciplinary action by:
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194188 a. any jurisdiction or authority (United States or
195189 foreign) that licenses or authorizes the pract ice of
196190 medicine and surgery,
197191 b. any peer review body,
198192 c. any health care institution,
199193 d. any professional medical society or association,
200194 e. any law enforcement agency,
201195 f. any court, or
202196 g. any governmental agency;
203197 2. Any adverse judgment, settlement, or a ward against the
204198 licensee arising from a professional liability claim;
205199 3. The licensee's voluntary surrender of or voluntary
206200 limitation on any license or authorization to practice medicine and
207201 surgery in any jurisdiction, including military, public health and
208202 foreign;
209203 4. Any denial to the licensee of a license or authorization to
210204 practice medicine and surger y by any jurisdiction, including
211205 military, public health or foreign;
212206 5. The licensee's voluntary resignation from the medical staff
213207 of any health care institution or voluntary limitation of the
214208 licensee's staff privileges at such an institution if that ac tion
215209 occurred while the licensee was under formal or informal
216210 investigation by the institution or a committee thereof for any
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244237 reason related to allege d medical incompetence, unprofessional
245238 conduct, or mental or physical impairment;
246239 6. The licensee's voluntary resignation or withdrawal from a
247240 national, state, or county medical society, association, or
248241 organization if that action occurred while the licen see was under
249242 formal or informal investigation or review by that body for any
250243 reason related to possible m edical incompetence, unprofessional or
251244 unethical conduct, or mental or physical impairment;
252245 7. Whether the licensee has abused or has been addicted t o or
253246 treated for addiction to alcohol or any chemical substance during
254247 the previous registration period, u nless such person is in a
255248 rehabilitation program approved by the Board;
256249 8. Whether the licensee has had any physical injury or disease
257250 or mental illness during the previous registration period that
258251 affected or interrupted his or her practice of medicine a nd surgery;
259252 and
260253 9. The licensee's completion of continuing medical education or
261254 other forms of professional maintenance or evaluation, including
262255 specialty board certification or recertification, during the
263256 previous registration period.
264257 B. The Board may require continuing medical education for
265258 license reregistration and require documentation of that education.
266259 The Board shall promulgate rules on the s pecific requirements of the
267260 amount of continuing medical education needed for reregistration.
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295287 Failure to meet the requirements in the allotted time may result in
296288 the licensee being required to pay a nondisciplinary fine by the
297289 Board secretary of up to but not more than One Thousand Dollars
298290 ($1,000.00).
299291 C. The Board shall require that the licensee receive not less
300292 than one (1) hour of education in pain management or, one (1) hour
301293 of education in opioid use or addictio n, and one (1) hour of suicide
302294 prevention education each year preceding an application for renewal
303295 of a license, unless the licensee has demonstra ted to the
304296 satisfaction of the Board that the licensee does not currently hold
305297 a valid federal Drug Enforcement Administration registration number.
306298 D. The licensee shall sign and attest to the veraci ty of the
307299 application form for license reregistration. Failure to report
308300 fully and correctly shall be grounds for disciplinary action by the
309301 Board.
310302 E. The Board shall establish a system for reviewing
311303 reregistration forms. The Board may initiate investig ations and
312304 disciplinary proceedings based on information submitted by licensees
313305 for license reregistration.
314306 F. Upon a finding by the Board that the licensee is fit to
315307 continue to practice medicine and surgery in this state, the Board
316308 shall issue to the li censee a license to practice medicine and
317309 surgery during the next registration period.
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345336 SECTION 3. This act shall become effective November 1, 2022.
346337
347-COMMITTEE REPORT BY: COMM ITTEE ON HEALTH SERVICES AND LONG-TERM
348-CARE, dated 03/02/2022 - DO PASS, As Amended.
338+58-2-10842 KN 03/01/22
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