Req. No. 8664 Page 1 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 OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4321 By: Stearman
AS INTRODUCED
An Act relating to vaccination incentives; defining
terms; prohibiting the offering of incentives for
COVID-19 vaccinations for children; creating
penalties and punishments; creating monetary fines;
amending 59 O.S. 2021, Section 509, which r elates to
unprofessional conduct; adding category; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 175.18 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Child" means any person under eighteen (18) years of age;
and
2. "Incentive" means any physical gift, monetary promise,
scholarship, physical money, gift card, digital currency, event
tickets, privilege, tax incentive, or any item of monetary value
given.
B. No state agency, medical facility, pharmacy, or any other
public or private entity shall offer or propose to of fer any form of
Req. No. 8664 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
incentive to any child, parent , or guardian in an attempt to coerce,
persuade, or encourage the administ ration of the COVID-19 vaccine to
any child within the State of Oklahoma.
C. Any person who purposefully violates any provision of this
act shall, upon conviction, be guilty of a felony punishable by a
fine of not less than Fifty Thousand Dollars ($50,000.00), or by
imprisonment in the county jail for a term of not less than one (1)
year, or by both such fine and imprisonment .
D. Any public or private entity whose employees violate any
provision of this law shall be fined no less th an Two Hundred
Thousand Dollars ($200,000.00).
E. Any public or private entity which violates any provision of
this section shall be fined no less than Five Hundred Thousand
Dollars ($500,000.00).
SECTION 2. AMENDATORY 59 O.S. 2021, Section 509, is
amended to read as follows:
Section 509. The words "unprofessional conduct" as used in
Sections 481 through 518.1 of this title are hereby declared to
include, but shall not be limited to, the follow ing:
1. Procuring, aiding or abetting a criminal operation;
2. The obtaining of any fee or of fering to accept any fee,
present or other form of remunera tion whatsoever, on the assurance
or promise that a manifestly incurab le disease can or will be cured;
Req. No. 8664 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Willfully betraying a professional secret to the detriment
of the patient;
4. Habitual intemperance or the habitual use of habit-forming
drugs;
5. Conviction or confession of, or plea of guilty, nolo
contendere, no contest or Alford plea to a felony or any offense
involving moral turpitude;
6. All advertising of medical business in which sta tements are
made which are grossly untrue or improbable and calculated to
mislead the public;
7. Conviction or confession of, or plea of guilty, nolo
contendere, no contest or Alford plea to a crime involving v iolation
of:
a. the antinarcotic or prohibiti on laws and regulations
of the federal government,
b. the laws of this state,
c. State Commissioner of Health rules, or
d. a determination by a judge or jury;
8. Dishonorable or immoral conduct which is likely to deceive,
defraud, or harm the public;
9. The commission of any act which is a violation of the
criminal laws of any state when such act is connected with the
physician's practice of medicine. A complai nt, indictment or
confession of a criminal violati on shall not be necessary for the
Req. No. 8664 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
enforcement of this provision. Proof of the commission of the act
while in the practice of medicine or under the guise of the practice
of medicine shall be unprofessional conduct;
10. Failure to keep complete and accurat e records of purchase
and disposal of control led drugs or of narcotic drugs;
11. The writing of false o r fictitious prescriptions for any
drugs or narcotics declared by the laws of this state to be
controlled or narcotic drugs;
12. Prescribing or adminis tering a drug or treatment without
sufficient examination and the establishment of a valid physician -
patient relationship and not prescribing in a safe, medically
accepted manner;
13. The violation, or att empted violation, direct or indirect,
of any of the provisions of the Oklahoma Allopathic Medic al and
Surgical Licensure and Supervision Act, either as a principal,
accessory or accomplice;
14. Aiding or abetting, directly or indirectly, the practice of
medicine by any person not duly authorized under th e laws of this
state;
15. The inability to p ractice medicine with reasonable skill
and safety to patien ts by reason of age, illness, drunkenness,
excessive use of drugs, nar cotics, chemicals, or any other type of
material or as a result of any mental or p hysical condition. In
enforcing this section the State Board of Medical Licensure and
Req. No. 8664 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Supervision may, upon probable cause, request a physician to submit
to a mental or physical examination by physicians d esignated by it.
If the physician refuses to subm it to the examination, the Board
shall issue an order requiring the physician to show cause why the
physician will not submit to the examination and shall schedule a
hearing on the order within thirty (30) days after notice is served
on the physician, excl usive of the day of service. The physician
shall be notified by either personal service or by certified mail
with return receipt requested. At the hearing, the physician an d
the physician's attorney are entitled to present any testimony and
other evidence to show why the physician should not be req uired to
submit to the examination. After a complete heari ng, the Board
shall issue an order either requiring the physician to s ubmit to the
examination or withdrawing the request for examination. The medical
license of a physician ordered to submit for examination may be
suspended until the results of the exami nation are received and
reviewed by the Board;
16. a. Prescribing, dispensing or administering of cont rolled
substances or narcotic drugs in excess of t he amount
considered good medical practice,
b. Prescribing, dispensing or administering controlled
substances or narcotic drugs without medical need in
accordance with pertin ent licensing board standards,
or
Req. No. 8664 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. Prescribing, dispensing or administering opio id drugs
in excess of the maximum limits auth orized in Section
2-309I of Title 63 of the Oklahoma Statut es;
17. Engaging in physical conduct with a patient which is sexual
in nature, or in any verbal behav ior which is seductive or sexually
demeaning to a patient;
18. Failure to maintain an office r ecord for each patient which
accurately reflects the evalua tion, treatment, and medical necessity
of treatment of the patient;
19. Failure to provide necessary ongoing medical treatment when
a doctor-patient relationship has been established, which
relationship can be severed by either party providing a reasonabl e
period of time is granted;
20. Performance of an abortion as defin ed by Section 1-730 of
Title 63 of the Oklahoma Statutes, except for an abortion n ecessary
to prevent the death of the mother or to prevent substantial or
irreversible physical impairment of the mother that substantially
increases the risk of death. The p erformance of an abortion on the
basis of the mental or emotional health of the mo ther shall be a
violation of this paragraph, n otwithstanding a claim or diagnosis
that the woman may enga ge in conduct which she intends to result in
her death. The Board sh all impose a penalty as provided in Section
509.1 of this title on a licensee who violates this paragraph. The
Req. No. 8664 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
penalty shall include, but not be limited to, suspension of the
license for a period of not less than one (1) year; or
21. Failure to provide a proper and safe medical facility
setting and qualified assistive personnel for a recognized medical
act, including but not limi ted to an initial in-person patient
examination, office sur gery, diagnostic service or any other medical
procedure or treatment. Adequate medical records to sup port
diagnosis, procedure, treatment , or prescribed medications must be
produced and maintained ; or
22. Offering, or proposing to offer, any form of incentive to
any child, parent, or guardian in an attempt to coerce, persua de, or
encourage the administra tion of the COVID-19 vaccine.
SECTION 3. This act shall become effective November 1, 2022.
58-2-8664 KN 12/08/21