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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4203 By: Echols
AS INTRODUCED
An Act relating to the State Board of Medical
Licensure and Supervision ; creating requirement s
related to physician investigation transparency;
providing for codification ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 542 of Title 59, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section "Board" means the State Board of
Medical Licensure and Supervision .
B. Where the Board is investigating a complaint a gainst a
physician made by a patient or a patient's personal representative ,
the following procedures shall be followed:
1. A Board analyst or a medical consultant shall interview the
complaining patient before a decision is made whether the ca se
should go to an investigator;
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2. All hearings shall be public and subject to the open
meetings law of this state, this shall include an option to
participate remotely;
3. The Board shall inform the complainant of all public
proceedings;
4. The Board shall allow the complainant to be heard at all
public hearings, and be given the opport unity to provide additional
information when applicabl e.
C. The Board may not choose to withhold information about the
enforcement process. The Board shall be required to disclose the
following:
1. The number and nature of all patient complaints against a
physician, regardless of the outcome;
2. The factual record of investigations; and
3. In some instances, the full record of the investigation,
including any interviews, transcripts, notes, or other documents
related to the complaint.
D. The Board shall inform the patients when there is
disciplinary action taken against the defending physician. This
includes but is not limited to:
1. Probationary status;
2. Disciplinary actions;
3. All malpractice settlements over Thirty-Thousand Dollars
($30,000.00).
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E. The Board shall eliminate all co nflicts of interest when
investigating and conducting disciplinary actions.
F. The Board shall have a policy to shorten and e xpedite
oversight and streamline the disciplinary action process.
G. The Board shall have a policy of creating proportionate
penalties for disciplinary actions against physicians.
SECTION 2. This act shall become effective November 1, 2022.
58-2-10115 KN 01/16/22