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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1322 By: Pugh and Garvin of the
Senate
and
Caldwell (Chad) of the
House
An Act relating to physician assistants ; amending 63
O.S. 2021, Section 1 -317, as last amended by Section
1, Chapter 247, O.S.L. 2021, which relates to death
certificates; allowing physician assistant to sign
death certificate subject to certain condition;
amending 63 O.S. 2021, Section 2 -312, which relates
to controlled dangerous substance s; modifying
references; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -317, as
last amended by Section 1, Chapter 247, O.S.L. 2021, is amended to
read as follows:
Section 1-317. A. A death certificate for each death which
occurs in this state sha ll be filed with the State Department of
Health, within three (3) days after such death.
B. The funeral director shall personally sign the death
certificate and shall be responsible for filing the death
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certificate. If the funeral director is not availab le, the person
acting as such who first assumes c ustody of a dead body in
accordance with Section 1158 of Title 21 of the Oklahoma Statutes
shall personally sign and file the de ath certificate. The personal
data shall be obtained from the next of kin or t he best qualified
person or source available. The certificate shall be completed as
to personal data and delivered to the attending physic ian or the
medical examiner responsibl e for completing the medical
certification portion of the certificate of death within twenty-four
(24) hours after the death. No later than July 1, 2012, the
personal data, and no l ater than July 1, 2017, the medical
certificate portion, shall be entered into the prescribed electronic
system provided by the State Registrar of Vital Statistics and the
information submitted to the State Registrar of Vital Statistics.
The resultant certificate produced by the electronic system shall be
provided to the physic ian or medical examiner for medical
certification within twenty-four (24) hours after the death.
C. The medical certification shall be completed and signed
within forty-eight (48) hours after death by the physician ,
physician assistant, or advanced practice registered nurse in charge
of the patient’s care for the illness or conditio n which resulted in
death, except when inquiry as to the ca use of death is required by
Section 938 of this title. No later than July 1, 20 17, the medical
certification portion of certifica te data shall be entered into the
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prescribed electronic system prov ided by the State Reg istrar of
Vital Statistics and the information submitted to the State
Registrar of Vital Statistics.
D. In the event that the physician, physician assistant, or
advanced practice registered nurse in charge of the patient’s care
for the illness or conditio n which resulted in death is not in
attendance at the time of death, the medical c ertification shall be
completed and signed within forty-eight (48) hours after death by
the physician, physician assistant, or advanced practice register ed
nurse in attendance at the time of death, except:
1. When the patient is under hospice care at the time of death,
the medical certifica tion may be signed by the hospice ’s medical
director; and
2. When inquiry as to the cause of death is required by Se ction
938 of this title.
Provided, that such certification, if signed by other than the
attending physician, physician assistant, or advanced practice
registered nurse, shall note on the face the name of the attending
physician, physician assistant, or advanced practice registered
nurse and that the information shown is only as reported.
E. A certifier completing cause of death on a certific ate of
death who knows that a lethal drug, overdose or other means of
assisting suicide within the meaning of Section s 3141.2 through
3141.4 of this title caused or contributed to the death shall list
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that means among the chain of events under cause of dea th or list it
in the box that describes how the inju ry occurred. If such means is
in the chain of events under cause of death or in the b ox that
describes how the injury occurred, the certifier shall indicate
“suicide” as the manner of death.
F. The authority of a physician assistant to carry out the
functions described in this section shall be governed by the
practice agreement as provided by Section 519.6 of Title 59 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-312, is
amended to read as follows:
Section 2-312. A. A physician, podiatrist, optometrist or a
dentist who has complied with the registration requirem ents of the
Uniform Controlled Dangerous Substances Act, in good faith and in
the course of such person’s professional practice only, may
prescribe and administer controlled dangerous substances, or may
cause the same to be administered by medical or param edical
personnel acting under the direction and supervis ion of the
physician, podiatrist, op tometrist or dentist, and only may dispense
controlled dangerous substances pursuant to the provisions of
Sections 355, 355.1 and 355.2 of Title 59 of the Oklahoma Statutes.
B. A veterinarian who has complied with the r egistration
requirements of the Unif orm Controlled Dangerous Substances Act, in
good faith and in the course of the professional practice of the
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veterinarian only, and not for use by a human being, ma y prescribe,
administer, and dispense controlled dangero us substances and may
cause them to be administered by an assistant or orderly under the
direction and supervision of the veterinarian.
C. An advanced practice nurse who is recognized to prescribe by
the Oklahoma Board of Nursing as an advanced registered nurse
practitioner, clinical nurse specialist or certified nurse -midwife,
who is subject to medical direction by a supervising physician,
pursuant to Section 567.3a of Title 59 of the Oklahoma Statut es, and
who has complied with the registration requireme nts of the Uniform
Controlled Dangerous Substances Act, in good faith and in the course
of professional practice only, may prescribe and administer Schedule
III, IV and V controlled dangerous substanc es.
D. An advanced practice nurse who is recognized to order,
select, obtain and administer drugs by the Oklahoma Board of Nursing
as a certified registered nurse anesthetist pursuant to Section
353.1b of Title 59 of the Oklahoma Statutes and who has comp lied
with the registration requirements of the Uniform C ontrolled
Dangerous Substances Act, in good faith and in the course of such
practitioner’s professional practice only, may order, select, obtain
and administer Schedules II through V controlled danger ous
substances in a preanesthetic preparation or evaluat ion; anesthesia
induction, maintenan ce or emergence; or postanesthesia care setting
only. A certified registered nurse anesthetist may order, select,
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obtain and administer such drugs only during the perioperative or
periobstetrical period.
E. A physician assistant who is recognized to pres cribe by the
State Board of Medical Licensure and Su pervision under the medical
direction of a supervising physician, pursuant to subsection D of
Section 519.6 of Title 59 of the Oklahoma Statutes, and who has
complied with the registration requirements of the Uniform
Controlled Dangerous Substances Act, in good faith and in the course
of professional practice only, may prescribe and administer Schedule
II through V controlled dangerous substances.
SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/06/2022 -
DO PASS.