Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1322 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1322 By: Pugh and Garvin of the
7	37		Senate
8	38
9	39		and
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11		-	Martinez of the House
	41	+	Caldwell (Chad) of the
	42	+	House
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16	47		An Act relating to physician assistants ; amending 63
17	48		O.S. 2021, Section 1 -317, as last amended by Section
18	49		1, Chapter 247, O.S.L. 2021, which relates to death
19	50		certificates; allowing physician assistant to sign
20	51		death certificate subject to certain condition;
21	52		amending 63 O.S. 2021, Section 2 -312, which relates
22	53		to controlled dangerous substance s; modifying
23	54		references; and providing an effective date.
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28		-	SUBJECT: Death certificates
29		-
30	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
31		-
32	60		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -317, as
33	61		last amended by Section 1, Chapter 247, O.S.L. 2021, is amended to
34	62		read as follows:
35		-
36	63		Section 1-317. A. A death certificate for each death which
37	64		occurs in this state sha ll be filed with the State Department of
38	65		Health, within three (3) days after such death.
39		-
40	66		B. The funeral director shall personally sign the death
41	67		certificate and shall be responsible for filing the death
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42	95		certificate. If the funeral director is not availab le, the person
43	96		acting as such who first assumes c ustody of a dead body in
44	97		accordance with Section 1158 of Title 21 of the Oklahoma Statutes
45	98		shall personally sign and file the de ath certificate. The personal
46	99		data shall be obtained from the next of kin or t he best qualified
47		-
48		-	ENR. S. B. NO. 1322 Page 2
49	100		person or source available. The certificate shall be completed as
50	101		to personal data and delivered to the attending physic ian or the
51	102		medical examiner responsibl e for completing the medical
52	103		certification portion of the certificate of death within twenty-four
53	104		(24) hours after the death. No later than July 1, 2012, the
54	105		personal data, and no l ater than July 1, 2017, the medical
55	106		certificate portion, shall be entered into the prescribed electronic
56	107		system provided by the State Registrar of Vital Statistics and the
57	108		information submitted to the State Registrar of Vital Statistics.
58	109		The resultant certificate produced by the electronic system shall be
59	110		provided to the physic ian or medical examiner for medical
60	111		certification within twenty-four (24) hours after the death.
61		-
62	112		C. The medical certification shall be completed and signed
63	113		within forty-eight (48) hours after death by the physician ,
64	114		physician assistant, or advanced practice registered nurse in charge
65	115		of the patient’s care for the illness or conditio n which resulted in
66	116		death, except when inquiry as to the ca use of death is required by
67	117		Section 938 of this title. No later than July 1, 20 17, the medical
68	118		certification portion of certifica te data shall be entered into the
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69	146		prescribed electronic system prov ided by the State Reg istrar of
70	147		Vital Statistics and the information submitted to the State
71	148		Registrar of Vital Statistics.
72		-
73	149		D. In the event that the physician, physician assistant, or
74	150		advanced practice registered nurse in charge of the patient’s care
75	151		for the illness or conditio n which resulted in death is not in
76	152		attendance at the time of death, the medical c ertification shall be
77	153		completed and signed within forty-eight (48) hours after death by
78	154		the physician, physician assistant, or advanced practice register ed
79	155		nurse in attendance at the time of death, except:
80		-
81	156		1. When the patient is under hospice care at the time of death,
82	157		the medical certifica tion may be signed by the hospice ’s medical
83	158		director; and
84		-
85	159		2. When inquiry as to the cause of death is required by Se ction
86	160		938 of this title.
87		-
88	161		Provided, that such certification, if signed by other than the
89	162		attending physician, physician assistant, or advanced practice
90	163		registered nurse, shall note on the face the name of the attending
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92		-	ENR. S. B. NO. 1322 Page 3
93	164		physician, physician assistant, or advanced practice registered
94	165		nurse and that the information shown is only as reported.
95		-
96	166		E. A certifier completing cause of death on a certific ate of
97	167		death who knows that a lethal drug, overdose or other means of
98	168		assisting suicide within the meaning of Section s 3141.2 through
99	169		3141.4 of this title caused or contributed to the death shall list
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100	197		that means among the chain of events under cause of dea th or list it
101	198		in the box that describes how the inju ry occurred. If such means is
102	199		in the chain of events under cause of death or in the b ox that
103	200		describes how the injury occurred, the certifier shall indicate
104	201		“suicide” as the manner of death.
105		-
106	202		F. The authority of a physician assistant to carry out the
107	203		functions described in this section shall be governed by the
108	204		practice agreement as provided by Section 519.6 of Title 59 of the
109	205		Oklahoma Statutes.
110		-
111	206		SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-312, is
112	207		amended to read as follows:
113		-
114	208		Section 2-312. A. A physician, podiatrist, optometrist or a
115	209		dentist who has complied with the registration requirem ents of the
116	210		Uniform Controlled Dangerous Substances Act, in good faith and in
117	211		the course of such person’s professional practice only, may
118	212		prescribe and administer controlled dangerous substances, or may
119	213		cause the same to be administered by medical or param edical
120	214		personnel acting under the direction and supervis ion of the
121	215		physician, podiatrist, op tometrist or dentist, and only may dispense
122	216		controlled dangerous substances pursuant to the provisions of
123	217		Sections 355, 355.1 and 355.2 of Title 59 of the Oklahoma Statutes.
124		-
125	218		B. A veterinarian who has complied with the r egistration
126	219		requirements of the Unif orm Controlled Dangerous Substances Act, in
127	220		good faith and in the course of the professional practice of the
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128	248		veterinarian only, and not for use by a human being, ma y prescribe,
129	249		administer, and dispense controlled dangero us substances and may
130	250		cause them to be administered by an assistant or orderly under the
131	251		direction and supervision of the veterinarian.
132		-
133	252		C. An advanced practice nurse who is recognized to prescribe by
134	253		the Oklahoma Board of Nursing as an advanced registered nurse
135		-
136		-	ENR. S. B. NO. 1322 Page 4
137	254		practitioner, clinical nurse specialist or certified nurse -midwife,
138	255		who is subject to medical direction by a supervising physician,
139	256		pursuant to Section 567.3a of Title 59 of the Oklahoma Statut es, and
140	257		who has complied with the registration requireme nts of the Uniform
141	258		Controlled Dangerous Substances Act, in good faith and in the course
142	259		of professional practice only, may prescribe and administer Schedule
143	260		III, IV and V controlled dangerous substanc es.
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145	261		D. An advanced practice nurse who is recognized to order,
146	262		select, obtain and administer drugs by the Oklahoma Board of Nursing
147	263		as a certified registered nurse anesthetist pursuant to Section
148	264		353.1b of Title 59 of the Oklahoma Statutes and who has comp lied
149	265		with the registration requirements of the Uniform C ontrolled
150	266		Dangerous Substances Act, in good faith and in the course of such
151	267		practitioner’s professional practice only, may order, select, obtain
152	268		and administer Schedules II through V controlled danger ous
153	269		substances in a preanesthetic preparation or evaluat ion; anesthesia
154	270		induction, maintenan ce or emergence; or postanesthesia care setting
155	271		only. A certified registered nurse anesthetist may order, select,
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156	299		obtain and administer such drugs only during the perioperative or
157	300		periobstetrical period.
158		-
159	301		E. A physician assistant who is recognized to pres cribe by the
160	302		State Board of Medical Licensure and Su pervision under the medical
161	303		direction of a supervising physician, pursuant to subsection D of
162	304		Section 519.6 of Title 59 of the Oklahoma Statutes, and who has
163	305		complied with the registration requirements of the Uniform
164	306		Controlled Dangerous Substances Act, in good faith and in the course
165	307		of professional practice only, may prescribe and administer Schedule
166	308		II through V controlled dangerous substances.
167		-
168	309		SECTION 3. This act shall become effective November 1, 2022.
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171		-	ENR. S. B. NO. 1322 Page 5
172		-	Passed the Senate the 15th day of March, 2022.
173		-
174		-
175		-
176		-	Presiding Officer of the Senate
177		-
178		-
179		-	Passed the House of Representatives the 27th day of April, 2022.
180		-
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182		-
183		-	Presiding Officer of the House
184		-	of Representatives
185		-
186		-	OFFICE OF THE GOVERNOR
187		-	Received by the Office of the Governor this ____________________
188		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
189		-	By: _______________________________ __
190		-	Approved by the Governor of the State of Oklahoma this _____ ____
191		-	day of _________________ __, 20_______, at _______ o'cl ock _______ M.
192		-
193		-	_________________________________
194		-	Governor of the State of Oklahoma
195		-
196		-
197		-	OFFICE OF THE SECRETARY OF STATE
198		-	Received by the Office of the Secretary of State this _______ ___
199		-	day of __________________, 20 _______, at _______ o'clock _______ M.
200		-	By: _______________________________ __
	311	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/06/2022 -
	312	+	DO PASS.