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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1291 By: Daniels
AS INTRODUCED
An Act relating to the practice of nursing; amending
59 O.S. 2021, Section 567.4 , which relates to the
Oklahoma Board of Nursing ; removing certain
limitation on appointees; updating statutory
language; updating statutory re ferences; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 202 1, Section 567.4, is
amended to read as follows:
Section 567.4. A. The Oklahoma Board of Nursing is hereby
established in the State of Oklahoma this state. The Board shall
consist of eleven (11) me mbers who shall be citizens of the United
States of America, and residents o f Oklahoma, for at least the
previous three (3) years. Six of the members shall be Registered
Nurses, in good standing under the provisions of the Oklahoma
Nursing Practice Act, c urrently engaged in the practice of nursing
as a Registered Nurse and shall have had no less than five (5) years
of experience as a Registered Nurse. At least two of the Registered
Nurses shall be from the field of nursing education, actively
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associated with a recognized school of nursing in Oklahoma, and who
hold an organization al role of administration/management and who are
accountable for strategic, operational and/or performance outcomes.
At least two of the Registered Nurses who hold an organization al
role of administration/management and who are account able for
strategic, operational and/or performance outcomes shall represent
nursing service. At least one of the Registered Nurses shall be
currently engaged in the practice of nursing as an Advanced Practice
Registered Nurse. Three of the members shall be Licensed Practica l
Nurses in good standing under the provisions of the Oklahoma Nursing
Practice Act and currently engaged in the practice of practical
nursing as a Licensed Practical Nurse and sha ll have had no less
than five (5) years of experience as a Licensed Practical Nurse.
One of the licensed nurses must be employed in the field of long -
term care. One of the licensed nurses shall be employed in the area
of acute care. Two members shall re present the public and shall be
eligible voters of this state, knowledgeable in consumer health
concerns, and shall neither be nor ever have been associated with
the provision of health care, nor be enrolled in any health -related
educational program. The public members shall be appointed by the
Governor to serve coterminously wit h the Governor. At least one
Registered Nurse Board member, one Licensed Practical Nurse Board
member and one public Board member shall be appointed from a county
with a population of less than forty thousand (40,000).
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B. For the purpose of nominating, a ppointing or reappointing
members to the Board, this state shall be divided into eight
geographical districts, consisting of counties within the districts
as follows:
District No. 1 Cimarron, Texas, Beaver, Harper, Woods, Alfalfa,
Grant, Kay, Ellis, Woodwa rd, Major, Garfield,
Noble, Dewey, Blaine, Kingfisher and Logan;
District No. 2 Roger Mills, Custer, Beckham, Washita, Caddo,
Greer, Kiowa, Harmon, Jackson, Comanche, Tillman
and Cotton;
District No. 3 Canadian, Grady, McClain, Garvin, Stephens,
Murray, Jefferson, Carter and Love;
District No. 4 Oklahoma;
District No. 5 Lincoln, Okfuskee, Cleveland, Pottawatomie,
Seminole, Hughes, Pontotoc, Coal, Johnston,
Marshall and Bryan;
District No. 6 Creek and Tulsa;
District No. 7 Osage, Washington, Nowata, Craig, O ttawa,
Pawnee, Payne, Rogers, Mayes and Delaware; and
District No. 8 Wagoner, Cherokee, Adair, Okmulgee, Muskogee,
Sequoyah, McIntosh, Haskell, Leflore, Pittsburg,
Latimer, Atoka, Pushmataha, McCurtain and
Choctaw.
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Not more than one Reg istered Nurse and on e Licensed Practical
Nurse and one public member shall be appointed from any one
geographical district.
C. The Governor shall appoint the Registered Nurse Board
members from a list of names submitted by the Oklahoma Nurses
Association and Oklahoma chapter s of nationally recognized
Registered Nurse organizations. The Governor shall appoint the
Licensed Practical Nurse Board members from a list of names
submitted by the Oklahoma cha pters of nationally recognized nursing
organizations. Individuals who are m embers of the Oklahoma Board of
Nursing prior to September 1, 1991, shall be allowed to fulfill
their terms and be eligible for reappointment.
D. The Governor shall appoint the Registered Nurse and Licensed
Practical Nurse members shall be appointed for terms of five (5)
years. Upon the death, re signation, or removal of any member, a
list from the aforementioned organizations shall be submitted to the
Governor who shall appoint a member to fill the vacancy.
1. In addition to the groun ds for removal by th e Governor of
members appointed to the Boar d provided in Section 2 of Title 74 of
the Oklahoma Statutes, it is a ground for removal if a member:
a. does not have at the time of app ointment the
qualifications required by subsection A of this
section,
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b. is not employed in nursing for a period of twe lve (12)
consecutive months during the term for which the
member was appointed,
c. is absent from more than half of the regularly
scheduled Board meetings that the member is eligible
to attend during a calendar ye ar, unless the absence
is excused by a majo rity vote of the Board, or
d. cannot discharge the duties as a Board member for a
substantial portion of the term for which the member
is appointed because of illness or disability.
2. The validity of an action o f the Board is not affected by
the fact that it is taken when a ground for removal of a Board
member exists.
3. If the president of the Board has knowledge that a potential
ground for removal exists, the president shall then notify the
Governor that a potential ground for removal exists.
E. D. A quorum shall be a majority of the Board which must
include at least three Registered Nurses and one Licensed Practical
Nurse.
F. E. The members of the Board shall annually elect from their
number a president, vic e-president and a secretary who shall also be
the treasurer, and other such officers as necessary to conduct the
business of the Board. It shall hold six regular business meetings
during each calendar year. Special meetings may be cal led by the
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president or secretary with five (5) days ’ notice to each member of
the Board. The Board shall have a seal; it shall make and adopt all
necessary rules not inconsistent with the laws of th is state, the
United States, or with the Oklahoma Nursin g Practice Act; and it
shall perform the duties and transact the busi ness required under
the provisions of the act. The Board shall cause to be kept a
record of all meetings of the Board and give not ice of all meetings
in accordance with the Administrativ e Procedures Act and the Open
Meeting Act. A list of all persons dul y licensed and qualified
under this act the Oklahoma Nursing Practi ce Act shall be maintained
by the Board. Each member of the Board sha ll receive, in addition
to actual and necessary tr avel expenses as provided in the State
Travel Reimbursement Act, compensation of One Hundred Dollars
($100.00) for each regular scheduled monthly meeting attended, not
to exceed more than six meetings per y ear. All monies received by
the Board shall be he ld by the treasurer of the Board for meeting
the expenses of the Board and for the promotion of nursing
education, to employ an attorney to assist the Board and other state
and county officials in carrying out the provisions of the Ok lahoma
Nursing Practice Act, and such other purposes which the Board may
determine, and shall be disbursed as directed by the Board. The
Board is authorized to adopt and revise rules, not inconsistent with
the provisions of the Oklahoma Nursing Practice A ct, as may be
necessary to enable it to carry into effect the provisions of the
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act, including rules establishing fees, charg es and reimbursement
costs. The Board shall appoint and employ a qualified person, who
shall be a Registered Nurse to serve as Exe cutive Director, and
shall fix the compensation, notwithstanding any other p rovision of
law including Section 3601.2 of Title 74 of the Oklahoma Statutes,
in an amount not in excess of the maximum salary proposed for the
Oklahoma Board of Nursing and set f orth in the most recen t
Compensation Report prepared by or for the Office of Management and
Enterprise Services, require a sa tisfactory bond, and define the
duties of the Executive Director to include:
1. The authority and resp onsibility for the operation s and
administration of the agency and such additional powers and duties
as prescribed by the Board. As chief executive of t he Board, the
Executive Director shall manage all aspects of the agency , including
personnel, financial and other resources, in sup port of the Oklahoma
Nursing Practice Act, its rules and policies, and the B oard’s
mission and strategic plan;
2. The authority to accept orders as set forth in paragraph 3
of this subsection on behalf of the Board and where ra tification by
the Board is not required. The Exec utive Director shall report
summaries of dispositions to the Board at its regular meetings;
3. a. Orders issued under Section 2 of this act 567.8a of
this title,
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b. Agreed disciplinary orders requiring an applicant or
licensee to enter and comply with t he Peer Assistance
Program,
c. Agreed disciplinary orders for the reinstatem ent or
endorsement of a license/certificate/recog nition when
the applicant has practiced without an active Oklahoma
license/certificate/recognition, and
d. Agreed disciplinary orde rs for the voluntary surrender
of a license/certification/recognition.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2928 DC 1/14/2022 12:51:58 PM