Req. No. 3226 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 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) SENATE BILL 1517 By: Weaver AS INTRODUCED An Act relating to physician assistants; amen ding 59 O.S. 2021, Section 519.6 , which relates to services performed; modifying prescripti ve authority of physician assistants; amending 63 O.S. 2021, Section 2-312, which relates to controlled dangerous substances; modifying refe rences; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 59 O.S. 2021, Section 519.6, is amended to read as follows: Section 519.6. A. No health care services may be performed by a physician assistant unless a current lic ense is on file with and approved by the State Boa rd of Medical Licensure and Supervision. All practice agreements and any amendments shall be filed with the State Board of Medical Licensure and Supervision within ten (10) business days of being executed. Practice agreements may be filed electronically. The State Board of Medical Licensure and Supervision shall not charge a fee for filing or amendments of practice agreements. Req. No. 3226 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. A physician assistant may have practice agre ements with multiple allopathic or osteopathic physicians. Each physician shall be in good standing with the State Board of Medical Licensure and Supervision or the State Board of Osteo pathic Examiners. C. The delegating physician need not be physically present nor be specifically consulted before each delegated patient care service is performed by a physician assistant, so long as the delegating physician and physician assistant are or can be easily in contact with one another by means of telecommunicati on. In all patient care settings, the delegating physician shall provide appropr iate methods of participating in health care services provided by the physician assistant including: a. being responsible for the formulation or approval of all orders and protocols, whether standing orders , direct orders or any other orders or protocols, which direct the delivery of health care services provided by a physician assistant, and periodically rev iewing such orders and protocols, b. regularly reviewing the health ca re services provided by the physician assistant and any problems or complications encountered, c. being available physically or through telemedici ne or direct telecommunications for cons ultation, assistance with medical emergencies or patient referral, Req. No. 3226 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. reviewing a sample of outpatien t medical records. Such reviews shall take place at a site agreed upon between the delegating physician and physic ian assistant in the practice agreement which may also occur using electronic or virtual conferencing, and e. that it remains clear that the physician assistant is an agent of the delegating physician; but, in no event shall the delegating physician be an employee of the physician assistant. D. In patients with newly diagnosed complex illnesses, the physician assistant shall contact the delega ting physician within forty-eight (48) hours of th e physician assistant’s initial examination or treatment and sche dule the patient for appropriate evaluation by the delegating physician as directed by the physician. The delegating physician shall determi ne which conditions qualify as complex illnesses based on the clinical setting and the skill and experience of the physician assistant. E. 1. A physician assistant under the direction of a delegating physician may prescribe written and oral prescriptions and orders. The physician assistant may prescrib e drugs, including controlled medications in Schedules II through V pursuant to Section 2-312 of Title 63 of the Oklahoma Statutes , and medical supplies and services as delegated by the delegating physician and as approved by the State Board of Medical Lic ensure and Supervision after Req. No. 3226 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 consultation with the State Board of Pharmacy on the Physician Assistant Drug Formulary; provided, however, the physician assistant shall not prescribe or write orders for Sche dule II opioid drugs except as provided by paragrap h 2 of this subsection . 2. A physician assistant may write an or der for a Schedule II drug for immediate or ongoing administration on site ; provided, that if the Schedule II drug is an opioid drug, the physician assistant may only write an order for immediate or ongoing administration in an inpatient hospital setting. Prescriptions and orders for Schedule II drugs written by a physician assistant must be included on a written protocol determined by the delegating physician and approved by the medical staf f committee of the facility or by direct verbal order of the dele gating physician. Physician ass istants may not dispense drugs, but may request, receive, and sign for professional samples and may distribute professional samples to patients. F. A physician assistant may perform health care services in patient care settings as authorized by the delega ting physician. G. Each physician assistant licensed under the Physician Assistant Act shall keep his or her license available for inspection at the primary place of business and shall, when engaged in professional activiti es, identify himself or herself as a physician assistant. Req. No. 3226 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 H. A physician assistant shall be bound by the prov isions contained in Sections 725.1 through 725.5 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 comp lied 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 supervision of the physician, podiatrist, optometrist 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 registration requirements of the Uniform Controlled Dangerous Substances Act, in good faith and in the course of the professional practice of the veterinarian only, a nd not for use by a human being, ma y prescribe, administer, and dispense controlled dangerous 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 nurs e who is recognized to prescribe by the Oklahoma Board of Nu rsing as an advanced registered nurse Req. No. 3226 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 requirements 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 pract ice 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 registratio n requirements of the Uniform Controlled Dangerous Substances Act, in good faith and in the course of such practitioner’s professional practice only, may order, select, obtain and administer Sched ules II through V controlled danger ous substances in a prean esthetic preparation or evaluation; anesthesia induction, maintenance or emergence; or postanesthesia care setting only. A certified registered nurse anesthetist may order, select, obtain and administer such drugs only during the perioperative or periobstetrical period. E. A physician assistant who is recognized to prescribe by the State Board of Medical Licensure and Supervision under the medical direction of a supervising physician, pursuant to subsection D of Section 519.6 of Title 59 of the Oklahoma S tatutes, and who has Req. No. 3226 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 an d administer Schedule II through V controlled dangerous subs tances. SECTION 3. This act shall become effective November 1, 2022. 58-2-3226 DC 1/20/2022 8:48:36 AM