Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3916 Comm Sub / Bill

Filed 03/03/2022

                     
 
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STATE OF OKLAHOMA 
 
2nd Session of the 58th Legislature (2022) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 3916 	By: Roberts (Dustin) 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to professions and occupations; 
amending 59 O.S. 2021, Section 519.6, which relates 
to the Physician Assistant Act; modifying practice 
agreements; and providing an effective date . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: 
SECTION 1.     AMENDATORY     59 O.S. 2021, Secti on 519.6, is 
amended to read as follows: 
Section 519.6 A.  No health care services may be performed by a 
physician assistant unless a current license is on file with and 
approved by the State Board of Medic al Licensure and Supervision.  
All practice agreements and any amendments shall be filed with the 
State Board of Medical Licensure and Supervision within ten (10) 
business days of being executed.  Practice agreements may be filed 
electronically.  The State Board of Medical Licensure and 
Supervision shall not charge a fee for filing or amendments of 
practice agreements.   
 
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B.  A physician assistant may have practice agreements with 
multiple allopathic or osteopathic physicians.  Each physician shall 
be in good standing with the State Board of Medical Licensur e and 
Supervision or the State Board of Osteopathic Examiners.  The State 
Board of Medical Licensure and Supervision or th e State Board of 
Osteopathic Examiners shall not limit the number of physician 
assistants that an allopathic or osteopathic physician may delegate 
to or limit the number of practice agreements that an allopathic or 
osteopathic physician has with physician assistants, except as part 
of a disciplinary action involving an allopathic or osteopathic 
physician. 
C.  The delegating physician nee d not be physically present nor 
be specifically consulted before each delegated patient care service 
is performed by a physician assistant, so long as the delegating 
physician and physician assistant are or can be easily in contact 
with one another by mean s of telecommunication.  In all patient care 
settings, the delegating physician shall provide appropriate method s 
of participating in health care services provided by the physician 
assistant including: 
a. being responsible for the formulation or approval o f 
all orders and protocols, whether standing orders, 
direct orders or any other orders or protocols, which 
direct the delivery of health care services provided   
 
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by a physician assis tant, and periodically reviewing 
such orders and protocols, 
b. regularly reviewing the health care services provided 
by the physician assistant and any problems or 
complications encountere d, 
c. being available physically or through telemedicine or 
direct telecommunications for consultation, assistance 
with medical emergencies or p atient referral, 
d. reviewing a sample of outpatient medical records.  
Such reviews shall take place at a site a greed upon 
between the delegating physician and physician 
assistant in the practice agreement which may also 
occur using electronic or virtual c onferencing, and 
e. that it remains clear that the physician assistant is 
an agent of the delegating physician; but, in no event 
shall the delegating physician be an employee of th e 
physician assistant. 
D.  In patients with newly diagnosed complex illnesse s, the 
physician assistant shall contact the delegating physician within 
forty-eight (48) hours of the physician assistant's initial 
examination or treatment and schedule the patie nt for appropriate 
evaluation by the delegating physician as directed by the physician.  
The delegating physician shall determine which conditions qualify as   
 
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complex illnesses based on the clinical setting and the skill and 
experience of the physician assi stant. 
E.  1.  A physician assistant under the direction of a 
delegating physician may prescribe written and oral prescriptions 
and orders.  The physician assistant may prescribe drugs, in cluding 
controlled medications in Schedules II through V pursuant to Section 
2-312 of Title 63 of the Oklahoma Statutes, and medical supplies an d 
services as delegated by the delegating physician and as approved by 
the State Board of Medical Licensure and Supervision after 
consultation with the State Board of Pharmacy on t he Physician 
Assistant Drug Formulary. 
2.  A physician assistant may write a n order for a Schedule II 
drug for immediate or ongoing administration on site.  Prescriptions 
and orders for Schedule II drugs written by a physician assistant 
must be included on a written protocol determined by the delegating 
physician and approved by t he medical staff committee of the 
facility or by direct verbal order of the delegating physician.  
Physician assistants may not dispense drugs, but may request, 
receive, and sign for professional samples and may distribute 
professional samples to patients. 
F.  A physician assistant may perform health care services in 
patient care settings as authorized by the delega ting physician. 
G.  Each physician assistant licensed under the Phys ician 
Assistant Act shall keep his or her license available for inspection   
 
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at the primary place of business and shall, when engaged in 
professional activities, identify himself or herself as a physician 
assistant. 
H.  A physician assistant shall be bound b y the provisions 
contained in Sections 725.1 through 725.5 of Title 59 of the 
Oklahoma Statutes this title. 
SECTION 2.  This act shall become effective November 1, 2022. 
 
58-2-11015 LRB 03/03/22