HB3741 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION 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 HB3741 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 addiction, 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 Enforcement 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 no tice to every person holding a legal HB3741 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 licensee 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 Act 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 update 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 f or acts or conduct similar to acts or conduct described in the Oklahoma Allopathic Medical and Surgical Licensure and Su pervision Act as grounds for disciplinary action by: HB3741 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. any jurisdiction or authority (United States or foreign) that licenses or author izes the practice 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, se ttlement, or award 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 HB3741 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 reason related to alleged 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 w hile the licensee 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 b een addicted to 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 specific requirements of the amount of continuing medical education needed for reregistration. HB3741 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 registra tion 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 me dicine 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. HB3741 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. This act shall become effective November 1, 2022. COMMITTEE REPORT BY: COMM ITTEE ON HEALTH SERVICES AND LONG-TERM CARE, dated 03/02/2022 - DO PASS, As Amended.