Oklahoma 2022 Regular Session

Oklahoma House Bill HB3916 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB3916 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31	28		STATE OF OKLAHOMA
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33	30		2nd Session of the 58th Legislature (2022)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37		-	HOUSE BILL NO. 3916 By: Roberts (Dustin) and
38		-	Pfeiffer
	34	+	HOUSE BILL NO. 3916 By: Roberts (Dustin)
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44	40		COMMITTEE SUBSTITUTE
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46	42		An Act relating to professions and occupations;
47	43		amending 59 O.S. 2021, Section 519.6, which relates
48	44		to the Physician Assistant Act; modifying practice
49	45		agreements; and providing an effective date .
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54		-
55	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
56	51		SECTION 1. AMENDATORY 59 O.S. 2021, Secti on 519.6, is
57	52		amended to read as follows:
58	53		Section 519.6 A. No health care services may be performed by a
59	54		physician assistant unless a current license is on file with and
60	55		approved by the State Board of Medic al Licensure and Supervision.
61	56		All practice agreements and any amendments shall be filed with the
62	57		State Board of Medical Licensure and Supervision within ten (10)
63	58		business days of being executed. Practice agreements may be filed
64	59		electronically. The State Board of Medical Licensure and
	60	+	Supervision shall not charge a fee for filing or amendments of
	61	+	practice agreements.
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66		-	HB3916 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
	63	+	Req. No. 11015 Page 2 1
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92		-	Supervision shall not charge a fee for filing or amendments of
93		-	practice agreements.
94	88		B. A physician assistant may have practice agreements with
95	89		multiple allopathic or osteopathic physicians. Each physician shall
96	90		be in good standing with the State Board of Medical Licensur e and
97	91		Supervision or the State Board of Osteopathic Examiners. The State
98	92		Board of Medical Licensure and Supervision or th e State Board of
99	93		Osteopathic Examiners shall not limit the number of physician
100	94		assistants that an allopathic or osteopathic physician may delegate
101	95		to or limit the number of practice agreements that an allopathic or
102	96		osteopathic physician has with physician assistants, except as part
103	97		of a disciplinary action involving an allopathic or osteopathic
104	98		physician.
105	99		C. The delegating physician nee d not be physically present nor
106	100		be specifically consulted before each delegated patient care service
107	101		is performed by a physician assistant, so long as the delegating
108	102		physician and physician assistant are or can be easily in contact
109	103		with one another by mean s of telecommunication. In all patient care
110	104		settings, the delegating physician shall provide appropriate method s
111	105		of participating in health care services provided by the physician
112	106		assistant including:
113	107		a. being responsible for the formulation or approval o f
114	108		all orders and protocols, whether standing orders,
115	109		direct orders or any other orders or protocols, which
	110	+	direct the delivery of health care services provided
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117		-	HB3916 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
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143		-	direct the delivery of health care services provided
144	137		by a physician assis tant, and periodically reviewing
145	138		such orders and protocols,
146	139		b. regularly reviewing the health care services provided
147	140		by the physician assistant and any problems or
148	141		complications encountere d,
149	142		c. being available physically or through telemedicine or
150	143		direct telecommunications for consultation, assistance
151	144		with medical emergencies or p atient referral,
152	145		d. reviewing a sample of outpatient medical records.
153	146		Such reviews shall take place at a site a greed upon
154	147		between the delegating physician and physician
155	148		assistant in the practice agreement which may also
156	149		occur using electronic or virtual c onferencing, and
157	150		e. that it remains clear that the physician assistant is
158	151		an agent of the delegating physician; but, in no event
159	152		shall the delegating physician be an employee of th e
160	153		physician assistant.
161	154		D. In patients with newly diagnosed complex illnesse s, the
162	155		physician assistant shall contact the delegating physician within
163	156		forty-eight (48) hours of the physician assistant's initial
164	157		examination or treatment and schedule the patie nt for appropriate
165	158		evaluation by the delegating physician as directed by the physician.
166	159		The delegating physician shall determine which conditions qualify as
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168		-	HB3916 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
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194	186		complex illnesses based on the clinical setting and the skill and
195	187		experience of the physician assi stant.
196	188		E. 1. A physician assistant under the direction of a
197	189		delegating physician may prescribe written and oral prescriptions
198	190		and orders. The physician assistant may prescribe drugs, in cluding
199	191		controlled medications in Schedules II through V pursuant to Section
200	192		2-312 of Title 63 of the Oklahoma Statutes, and medical supplies an d
201	193		services as delegated by the delegating physician and as approved by
202	194		the State Board of Medical Licensure and Supervision after
203	195		consultation with the State Board of Pharmacy on t he Physician
204	196		Assistant Drug Formulary.
205	197		2. A physician assistant may write a n order for a Schedule II
206	198		drug for immediate or ongoing administration on site. Prescriptions
207	199		and orders for Schedule II drugs written by a physician assistant
208	200		must be included on a written protocol determined by the delegating
209	201		physician and approved by t he medical staff committee of the
210	202		facility or by direct verbal order of the delegating physician.
211	203		Physician assistants may not dispense drugs, but may request,
212	204		receive, and sign for professional samples and may distribute
213	205		professional samples to patients.
214	206		F. A physician assistant may perform health care services in
215	207		patient care settings as authorized by the delega ting physician.
216	208		G. Each physician assistant licensed under the Phys ician
217	209		Assistant Act shall keep his or her license available for inspection
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219		-	HB3916 HFLR Page 5
220		-	BOLD FACE denotes Committee Amendments. 1
	211	+	Req. No. 11015 Page 5 1
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245	236		at the primary place of business and shall, when engaged in
246	237		professional activities, identify himself or herself as a physician
247	238		assistant.
248	239		H. A physician assistant shall be bound b y the provisions
249	240		contained in Sections 725.1 through 725.5 of Title 59 of the
250	241		Oklahoma Statutes this title.
251	242		SECTION 2. This act shall become effective November 1, 2022.
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253		-	COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/03/2022 - DO PASS,
254		-	As Amended and Coauthored.
	244	+	58-2-11015 LRB 03/03/22
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