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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 496 By: McCortney
AS INTRODUCED
An Act relating to Advanced Practice Registe red
Nurses; amending 59 O.S. 2011, Sect ion 353.1, as last
amended by Section 1, Chapter 106, O.S.L. 2018 (59
O.S. Supp. 2020, Section 353.1), which relates to
definitions used in the Oklahoma Pharmacy Act;
modifying and adding definitions; amending 59 O.S.
2011, Section 353.1a, as amended by Se ction 2,
Chapter 106, O.S.L. 2 018 (59 O.S. Supp. 2020, Section
353.1a), which relates to prescriptive authority of
Advanced Practice Registered Nurses; modifying
prescriptive authority of certain Certified Nurse
Practitioners; amending 59 O.S. 2011, Sectio n 567.3a,
as last amended by Section 1, Chapte r 11, O.S.L. 2020
(59 O.S. Supp. 2020, Section 567.3a) , which relates
to definitions used in the Oklahoma Nursing Practice
Act; modifying and adding definitions; amending 59
O.S. 2011, Section 567.4a, as last a mended by Section
8, Chapter 428, O.S.L. 2019 (59 O.S. Supp. 2020,
Section 567.4a), which relates to prescriptive
authority; directing the Oklahoma Board of Nursing to
promulgate certain rules; providing for independe nt
prescriptive authority of Certified Nurse
Practitioners; providing app lication criteria;
stating mentorship requirements; providing exception;
providing eligibility criteria of supervising
physician; construing certain provision; specifying
duration of authority; providing for application
approval, reapplication, fees and prescriptive
authority revocation; limiting practice to certain
geographic areas; providing exception; specifying
applicability of section; amending 59 O.S. 2011,
Section 567.7, as amended by Section 1 , Chapter 190,
O.S.L. 2016 (59 O.S. Supp. 2020, Section 567.7) ,
which relates to license renewal; prescribing certain
fee; requiring certain malpractice insurance;
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amending 63 O.S. 2011, Section 2 -312, which relates
to controlled dangerous substances; modifying
authority of certain Certified Nurse Practitioners to
prescribe and administer controlled dangerous
substances; updating statutory reference; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 353.1, as
last amended by Section 1, Chapter 106, O.S.L. 2018 (59 O.S. Supp.
2020, Section 353.1), is amended to read as f ollows:
Section 353.1. For the purposes of the Oklahoma P harmacy Act:
1. “Accredited program” means those seminars, classes,
meetings, work projects, and other educational courses approved by
the Board State Board of Pharmacy for purposes of continuing
professional education;
2. “Act” means the Oklahoma Pharma cy Act;
3. “Administer” means the direct application of a drug, whether
by injection, inhalation, ingestion or any other means, to the body
of a patient;
4. “Assistant pharmacist ” means any person presently licensed
as an assistant pharmacist in the Stat e of Oklahoma by the Board
pursuant to Section 353.10 of this title and for the purposes of the
Oklahoma Pharmacy Act shall be considered the same as a pharmacist,
except where otherwise specified;
5. “Board” or “State Board” means the State Board of Phar macy;
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6. “Certify” or “certification of a prescription” means the
review of a filled prescription by a licensed pharmacist or a
licensed practitioner with dispensing authority to confirm that the
medication, labeling and packaging of the filled prescripti on are
accurate and meet all requireme nts prescribed by state and federal
law. For the purposes of this paragraph, “licensed practitioner”
shall not include optometrists with dispensing authority;
7. “Chemical” means any medicinal substance, whether simp le or
compound or obtained through the process of the science and art of
chemistry, whether of organic or inorganic origin;
8. “Compounding” means the combining, admixing, mixing,
diluting, pooling, reconstituting or otherwise altering of a drug or
bulk drug substance to create a drug. Compounding includes the
preparation of drugs or devices in anticipation of prescription drug
orders based on rout ine, regularly observed prescribing patterns;
9. “Continuing professional education ” means professional,
pharmaceutical education in the general a reas of the socioeconomic
and legal aspects of health care; the properties and actions of
drugs and dosage forms; and the etiology, characteristics and
therapeutics of the diseased state;
10. “Dangerous drug”, “legend drug”, “prescription drug” or “Rx
Only” means a drug:
a. for human use subject to 21 U.S.C. 353(b)(1), or
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b. is labeled “Prescription Only”, or labeled with the
following statement: “Caution: Federal law restricts
this drug except for use by or on the o rder of a
licensed veterinarian ”.
11. “Director” means the Executive Director of the State Board
of Pharmacy unless context clearly indicates othe rwise;
12. “Dispense” or “dispensing” means the interpretation,
evaluation, and implementation of a prescrip tion drug order,
including the prepara tion and delivery of a drug or device to a
patient or a patient’s agent in a suitable container appropriately
labeled for subsequent administration to, or use b y, a patient.
Dispense includes sell, distribute, leave w ith, give away, dispose
of, deliver or supply;
13. “Dispenser” means a retail pharmacy, hospital pharmacy, a
group of chain pharmacies under commo n ownership and control that do
not act as a wholesale distributor, or any other person authorized
by law to dispense or administer prescription dr ugs, and the
affiliated warehouses or distributions of such entities under common
ownership and control that do not act as a wholesale distributor.
For the purposes of this paragraph, “dispenser” does not mean a
person who dispenses only products to be us ed in animals in
accordance with 21 U.S.C. 360b(a)(5);
14. “Distribute” or “distribution” means the sale, purchase,
trade, delivery, handling, storage, or rece ipt of a product, and
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does not include the dispensing of a product pursuant to a
prescription executed in accordance with 21 U.S.C. 353(b)(1) or the
dispensing of a product approved under 21 U.S.C. 360b(b) ; provided,
taking actual physical possession of a product or title shall not be
required;
15. “Doctor of Pharmacy” means a person licensed by the Board
to engage in the practice of pharmacy. The terms “pharmacist”,
“D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and shall
have the same meanin g wherever they appear in the Oklahoma Statutes
and the rules promulgated by the Board;
16. “Drug outlet” means all manufacturers, repackagers,
outsourcing facilities, wholesale distributors, third -party
logistics providers, pharmacies, and all other faci lities which are
engaged in dispensing, delivery, distribu tion or storage of
dangerous drugs;
17. “Drugs” means all medicinal substances and preparations
recognized by the United States Pharmacopoeia and National
Formulary, or any revision thereof, and al l substances and
preparations intended for external and/or internal use in the cure,
diagnosis, mitigation, treatment or prevention of disease in humans
or animals and all substances and preparations, othe r than food,
intended to affect the structure or an y function of the body of a
human or animals;
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18. “Drug sample” means a unit of a prescription drug packaged
under the authority and responsibility of the manufacturer that is
not intended to be sold and is intended to promote the sale of the
drug;
19. “Filled prescription” means a packaged prescription
medication to which a label has been affixed which contains such
information as is required by the Oklahoma Pharmacy Act;
20. “Hospital” means any institution licensed as a hospital by
this state for the care and treatment of patients, or a pharmacy
operated by the Oklahoma Department of Veterans Af fairs;
21. “Licensed practitioner” means:
a. an allopathic physician,
b. an osteopathic physician,
c. a podiatric physician,
d. a dentist,
e. a veterinarian or,
f. an optometrist, or
g. a Certified Nurse Practitioner who has obtained
independent prescriptive authority,
licensed to practice and authorized to prescribe dangerous drugs
within the scope of practice of such p ractitioner;
22. “Manufacturer” or “virtual manufacturer” means with respect
to a product:
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a. a person that holds an application approved under 21
U.S.C. 355 or a license issued under 42 U.S.C. 262 for
such product, or if such product is not the subject o f
an approved application or license, the person who
manufactured the prod uct,
b. a co-licensed partner of the person described in
subparagraph a that obtains the product directly from
a person described in this subparagraph or
subparagraph a,
c. an affiliate of a person described in subparagraph a
or b who receives the product directly from a person
described in this subparagraph or in subparagraph a or
b; or
d. a person who contracts with another to manufacture a
product;
23. “Manufacturing” means the production, preparation,
propagation, compounding, con version or processing of a device or a
drug, either directly or indirectly by extraction from substances of
natural origin or independently by means of chemical or biological
synthesis and includes any pa ckaging or repackaging of the
substances or labeling or relabeling of its container, and the
promotion and marketing of such drugs or devices. The term
“manufacturing” also includes the preparation and promotion of
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commercially available products from bul k compounds for resale by
licensed pharmacies, licen sed practitioners or o ther persons;
24. “Medical gas” means those gases including those in liquid
state upon which the manufacturer or distributor has placed one of
several cautions, such as “Rx Only”, in compliance with federal law;
25. “Medical gas order” means an order for medical gas issued
by a licensed prescriber;
26. “Medical gas distributor” means a person licensed to
distribute, transfer, wholesale, deliver or sell medical gases on
drug orders to suppliers or other entities licensed to use,
administer or distribute m edical gas and may also include a patient
or ultimate user;
27. “Medical gas supplier” means a person who dispenses medical
gases on drug orders only to a patient or ultimate user;
28. “Medicine” means any drug or combination of dru gs which has
the property of curing, preventing, treating, diagnosing or
mitigating diseases, or which is used for that purpose;
29. “Nonprescription drugs” means medicines or drugs which are
sold without a prescription and which are prepackaged for use by the
consumer and labeled in accordance with the requirements of the
statutes and regulations of this state and the federal government.
Such items shall also include medical and dental supplies and
bottled or nonbulk chemicals which are sold or offered for sale to
the general public if such articles or preparations meet the
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requirements of the Federal Food, Drug and Cosmetic Act, 21
U.S.C.A., Section 321 et seq.;
30. “Outsourcing facility ”, including “virtual outsourcing
facility” means a facility at one geographic location o r address
that:
a. is engaged in the compounding of sterile drugs,
b. has elected to register as an outsourcing facility,
and
c. complies with all requirements of 21 U.S.C. 353b;
31. “Package” means the smallest individual saleable unit of
product for distribution by a manufacturer or repackager that is
intended by the manufacturer for ultimate sale to the dispenser of
such product. For the purposes of this paragraph, “individual
saleable unit” means the smallest container of a product introduced
into commerce by the manufacturer or repackager that is intended by
the manufacturer or repackager for individual sale to a dispenser;
32. “Person” means an individual, partnership, limited
liability company, corporation or association, unless the context
otherwise requires;
33. “Pharmacist-in-charge” or “PIC” means the pharmacist
licensed in this state responsible for the management control of a
pharmacy and all other aspects of the practi ce of pharmacy in a
licensed pharmacy as defined by Section 353.18 of this title;
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34. “Pharmacy” means a place regularly licensed by the Board of
Pharmacy in which prescriptions, drugs, medicines, chemicals and
poisons are compounded or dispensed or such place where pharmacists
practice the profession of pharmacy, or a pharmacy operated by the
Oklahoma Department of Veterans Affairs;
35. “Pharmacy technician”, “technician”, “Rx tech”, or “tech”
means a person issued a Technician permit by the State Board of
Pharmacy to assist the pharmacist and perform nonjudgmental,
technical, manipulative, non-discretionary functions in the
prescription department under the immediate and direct supervision
of a pharmacist;
36. “Poison” means any substance which when int roduced into the
body, either directly or by absorption, produces violent, morbid or
fatal changes, or which destroys living tissue with which such
substance comes into contact;
37. “Practice of pharmacy” means:
a. the interpretation and evaluation of pre scription
orders,
b. the compounding, dispensing, administering and
labeling of drugs and devices, except labeling by a
manufacturer, repackager or distributor of
nonprescription drugs and commercially packaged legend
drugs and devices,
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c. the participation in drug selection and drug
utilization reviews,
d. the proper and safe s torage of drugs and devices and
the maintenance of proper records thereof,
e. the responsibility for advising by counseling and
providing information, where professionally necessary
or where regulated, of therapeutic values, content,
hazards and use of dru gs and devices,
f. the offering or performing of those acts, services,
operations or transactions necessary in the conduct,
operation, management and control of a pharmacy, or
g. the provision of those acts or services that are
necessary to provide pharmac eutical care;
38. “Preparation” means an article which may or may not contain
sterile products compounded in a licensed pharmacy pursuant to the
order of a licensed prescriber;
39. “Prescriber” means a person licensed in this state who is
authorized to prescribe dangerous drugs within the scope of practice
of the person’s profession;
40. “Prescription” means and includes any order for drug or
medical supplies written or signed, or transmitted by word of mouth,
telephone or other means of communication:
a. by a licensed prescriber,
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b. under the supervision of an Oklahoma licensed
practitioner, supervising physician, by an Oklahoma
licensed advanced practice registered nurse or an
Oklahoma licensed Clinical Nurse Specialist, Certified
Nurse-Midwife or physician assistant, or
c. (1) under the supervision of an Oklahoma licensed
supervising physician, by a Certified Nurse
Practitioner who chooses to practice unde r the
supervision of a physician or who is undergoing a
mentorship as provided by Section 5 of this act ,
or
(2) by a Certified Nurse Practitioner who has
obtained independent prescriptive authority as
provided by Section 5 of this act, or
d. by an Oklahoma licensed wholesaler or distributo r as
authorized in Section 353.29.1 of this title;
41. “Product” means a prescription drug in a finished dosage
form for administration to a patient without substantial further
manufacturing, such as capsules, tablets, and lyophilized products
before reconstitution. “Product” does not include blood components
intended for transfusion, radioactive drugs or biologics and medical
gas;
42. “Repackager”, including “virtual repackager”, means a
person who owns or operates an establishment that repacks and
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relabels a product or package for further sale or distribution
without further transaction;
43. “Sterile drug” means a drug that is intended for parenteral
administration, an ophthalmic or oral inhalation drug in aqueous
format, or a drug that is required to be sterile under state and
federal law;
44. “Supervising physician ” means an individual holding a
current license to practice as a phys ician from the State Board of
Medical Licensure and Supervision, pursuant to the provisions of the
Oklahoma Allopathic Medical and Surgical Licensure and Supervision
Act, or the State Board of Osteopathic Examiners, pursuant to the
provisions of the Oklaho ma Osteopathic Medicine Act, who sup ervises
an advanced practice registered nurse a Certified Nurse Practitioner
who chooses to practice unde r the supervision of a physician or who
is undergoing a mentorship as provided by Section 5 of this act , a
Clinical Nurse Specialist or a Certified Nurse-Midwife, as such
terms are defined in Section 567.3a of thi s title, and who is not in
training as an intern, resident, or fellow. To be eligible to
supervise an advanced practice re gistered nurse, such The
supervising physician shall remain in complian ce with the rules
promulgated by the S tate Board of Medical Licensure and Supervision
or the State Board of Osteopathic Examine rs;
45. “Supportive personnel” means technicians and auxiliary
supportive persons who ar e regularly paid employees of a pharmacy
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who work and perform tasks in the pharmacy as authorized by Section
353.18A of this title;
46. “Third-party logistics provider”, including “virtual third-
party logistics provider” means an entity that provides or
coordinates warehousing, or other logisti cs services of a product in
interstate commerce on behalf of a manufacturer, wholesale
distributor, or dispenser of a product but does not take ownership
of the product, nor have respon sibility to direct the sale or
disposition of the product. For the pur poses of this paragraph,
“third-party logistics provider” does not include shippers and the
United States Postal Servic e;
47. “Wholesale distributor”, including “virtual wholesale
distributor” means a person other than a manufacturer, a
manufacturer’s co-licensed partner, a third-party logistics
provider, or repackager engaged in wholesale distribution as defined
by 21 U.S.C. 353(e)(4) as amended by the Drug Supply Chain Security
Act;
48. “County jail” means a facility opera ted by a county for the
physical detention and correction of persons charged with, or
convicted of, criminal offenses or ordinance violations or persons
found guilty of civil or crimin al contempt;
49. “State correctional facility” means a facility or
institution that houses a prisoner population under the jurisdiction
of the Department of Corrections;
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50. “Unit dose package” means a package that contains a single
dose drug with the name, strength, control number , and expiration
date of that drug on the la bel; and
51. “Unit of issue package” means a package that provides
multiple doses of the same drug, but each drug is individually
separated and includes the name, lot numb er, and expiration date.
SECTION 2. AMENDATORY 59 O.S. 201 1, Section 353.1a, as
amended by Section 2, Chapter 106, O.S.L. 2018 (59 O.S. Supp. 2020,
Section 353.1a), is amended to read as f ollows:
Section 353.1a. A. Prescribing Prescriptive authority shall be
allowed, under the medical direction of a supervising physician, for
an advanced practice nurse Advanced Practice Registered Nurse
recognized by the Oklahom a Board of Nursing in one of the following
categories: advanced regi stered nurse practitioners, clinical nurse
specialists, or certified nurse -midwives as a Clinical Nurse
Specialist or Certified Nurse-Midwife.
B. 1. Prescriptive authority shall be allo wed, under the
medical direction of a supervising physician, for an A dvanced
Practice Registered Nurse recognized by the Oklahoma Board of
Nursing as a Certified Nurse Practitioner who chooses to practice
under the supervision of a physician or who is undergoing a
mentorship as provided by Section 5 of this act .
2. Prescriptive authority shall be allowed, independent of the
medical direction of a supervis ing physician, for an Advanced
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Practice Registered Nurse recognized by the Oklahoma Board of
Nursing as a Certified Nurse Practitioner who has obtained
independent prescript ive authority as provided by Section 5 of this
act.
C. The advanced practice nurse Advanced Practice Registered
Nurse may write or sign, or transmit by word of mouth, telephone or
other means of communication an order for drugs or medical supplie s
that is intended to be filled, compounded, or dispensed by a
pharmacist. The supervising physician, if applicable, and the
advanced practice nurse Advanced Practice Registere d Nurse shall be
identified at the time of origination of the prescription and the
name of the advanced practice nurse Advanced Practice Registered
Nurse shall be printed on the prescription label.
B. D. Pharmacists may dispense prescriptions for non -controlled
prescription drugs authorized by an advanced practice nurse Advanced
Practice Registered Nurse or physician assistant, not located in
Oklahoma, provided that they a re licensed in the state in which they
are actively prescribing.
C. E. 1. Pharmacists may only d ispense prescriptions for
controlled dangerous substances prescribed by an advanced practice
nurse or physician assistant Advanced Practice Registered Nurse
licensed in the State of Oklahoma and supervised by an Oklahoma-
licensed practitioner this state who meets the criteria in
subsection A or B of this section.
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2. Pharmacists may only dispens e prescriptions for controlled
dangerous substances prescribed by a physician assistant licensed in
this state and supervised by an Oklahoma -licensed supervising
physician.
SECTION 3. AMENDATORY 59 O.S. 2011, Section 567.3a, as
last amended by Section 1, Chapter 11, O.S.L. 2020 (59 O.S. Supp.
2020, Section 567.3a), is amended to read as follows:
Section 567.3a. As used in the Oklahoma Nursing Practice Act:
1. “Board” means the Oklahoma Board of Nursing;
2. “The practice of nursing ” means the performance of services
provided for purposes of nurs ing diagnosis and treatment of human
responses to actual or potential health problems consistent wit h
educational preparation. Knowledge and skill are the basis fo r
assessment, analysis, planning, intervent ion, and evaluation used in
the promotion and mai ntenance of health and nursing management of
illness, injury, infirmity, restoration or optimal func tion, or
death with dignity. Practice is based on understanding the human
condition across the human lifes pan and understanding the
relationship of the ind ividual within the environment. This
practice includes execution of the medical regime including th e
administration of medications and treatments prescribed by any
person authorized by state law to so presc ribe;
3. “Registered nursing” means the practice of the full scope of
nursing which includes, but is not limited to:
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a. assessing the health status of individuals, families
and groups,
b. analyzing assessment dat a to determine nursing care
needs,
c. establishing goals to meet identified health care
needs,
d. planning a strategy of ca re,
e. establishing priorities of nursing intervention to
implement the strategy of care,
f. implementing the strategy of care,
g. delegating such tasks as may safely be perfor med by
others, consistent with educational prepar ation and
that do not conflict with the provisions of the
Oklahoma Nursing Practice Act,
h. providing safe and effective nursing care rendered
directly or indirectl y,
i. evaluating responses to interventions ,
j. teaching the principles and practice of nurs ing,
k. managing and supervisin g the practice of nursing,
l. collaborating with other health profess ionals in the
management of health care,
m. performing additiona l nursing functions in accordance
with knowledge and skills acquired beyond basic
nursing preparation, and
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n. delegating those nursing tasks as defined in the rules
of the Board that may be pe rformed by an advanced
unlicensed assistive person;
4. “Licensed practical nursing” means the practice of nursing
under the supervision or direction of a r egistered nurse, licensed
physician or dentist. This directed scope of nursing practice
includes, but is not limited to:
a. contributing to the assessment of the h ealth status of
individuals and groups,
b. participating in the development and modification of
the plan of care,
c. implementing the appropriate aspects of the plan of
care,
d. delegating such tasks as may safely be performed by
others, consistent with ed ucational preparation and
that do not conflict with the Oklahoma Nursing
Practice Act,
e. providing safe and effective nurs ing care rendered
directly or indirectly,
f. participating in the eva luation of responses to
interventions,
g. teaching basic nursing skills and related principles,
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h. performing additional nursing procedures in accordance
with knowledge and skills acquire d through education
beyond nursing preparation, and
i. delegating those nursing tasks as defined in the rules
of the Board that may b e performed by an advanced
unlicensed assistive person;
5. “Advanced Practice Registered Nu rse” means a licensed
Registered Nurse:
a. who has completed an advanced practice registered
nursing education program in preparation for one of
four recognized advanced practice registered nurse
Advanced Practice Registered Nurse roles,
b. who has passed a national certification examin ation
recognized by the Board that measures t he advanced
practice registered nurse Advanced Practice Registered
Nurse role and specialty competencies and who
maintains recertification in the role and specialty
through a national certification program,
c. who has acquired advanced clinical knowledge and
skills in preparation for providing both direct and
indirect care to patients; howeve r, the defining
factor for all Advanced Pra ctice Registered Nurses is
that a significant com ponent of the education and
practice focuses on direct care of individuals,
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d. whose practice builds on the competencies of
Registered Nurses by demonstrating a gre ater depth and
breadth of knowledge, a grea ter synthesis of data, and
increased complexity o f skills and interventions, and
e. who has obtained a license as an Advanced Practice
Registered Nurse in one of the following roles:
Certified Registered Nurse An esthetist, Certified
Nurse-Midwife, Clinical Nurse Specialist, or Certified
Nurse Practitioner.
Only those persons who hold a license to practice advanced
practice registered nursing in this s tate shall have the right to
use the title “Advanced Practice Re gistered Nurse” and to use the
abbreviation “APRN”. Only those persons who have obtained a license
in the following discip lines shall have the right to fulfill the
roles and use the applicabl e titles: Certified Registered Nurse
Anesthetist and the abbrev iation “CRNA”, Certified Nurse-Midwife and
the abbreviation “CNM”, Clinical Nurse Specialist and the
abbreviation “CNS”, and Certified Nurse Practitioner and the
abbreviation “CNP”.
It shall be unlawful for any person to assume the role or use
the title Advanced Practice Registered Nurse or use the abbreviation
“APRN” or use the respective specia lty role titles and abbreviatio ns
or to use any other titles or abbreviations that would reasonably
lead a person to believe the user is an Advanced Practice Regist ered
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Nurse, unless permitted by the Oklahom a Nursing Practice Act. Any
individual doing so shall be guilty of a misdemeano r, which shall be
punishable, upon conviction, by imprisonment in the county jail for
not more than one (1) year or by a fine of not less than One Hundred
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or
by both such imprisonment and fine for each offense;
6. “Certified Nurse Practitioner ” is means an Advanced Practice
Registered Nurse who performs in an expanded ro le in the delivery of
health care:
a. consistent with advanced educational preparation as a
Certified Nurse Practitioner in an area of specialty,
b. functions within the Certified Nurse Practi tioner
scope of practice for the selected area of
specialization, and
c. is in accord with the standards fo r Certified Nurse
Practitioners as identified by the certifying body and
approved by the Board.
A Certified Nurse Practitioner shall be eligible, in accordance
with the scope of practice of the Certified Nurse Pra ctitioner, to
obtain recognition as authori zed by the Board to prescribe, as
defined by the rules promulgated by the Board pursuant to this
section and subject to the medical direction of a su pervising
physician Section 567.4a of this title and Section 5 of this act.
This authorization shall not i nclude dispensing drugs, but shall not
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preclude, subject to federal regulations, the receipt of, the
signing for, or the dispensing of professional s amples to patients.
The Certified Nurse Practitioner accepts res ponsibility,
accountability, and obligation to practice in accordance with usual
and customary advanced practice registered nursing standards and
functions as defined by the scope of practice/ role definition
statements for the Certified Nurse Practitioner;
7. a. “Clinical Nurse Specialist ” is means an Advanced
Practice Registered Nurse who holds:
(1) a master’s degree or higher in nursing with
clinical specialization preparation to function
in an expanded role,
(2) specialty certification from a national
certifying organization recognized by the Boa rd,
(3) an Advanced Practice Registered Nurse lic ense
from the Board, and
(4) any nurse holding a specialty certification as a
Clinical Nurse Special ist valid on January 1,
1994, granted by a national certifying
organization recognized by the Board, shall be
deemed to be a Clinical Nurse Specialist under
the provisions of the Oklahoma Nursing Practice
Act.
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b. In the expanded role, the Clinical Nurse Sp ecialist
performs at an advanced practice level which shall
include, but not be limited to:
(1) practicing as an expert clinician in the
provision of direct nursing care to a selected
population of patients or clients in any setting ,
including private prac tice,
(2) managing the care of patients or clients with
complex nursing problems,
(3) enhancing patient or client care by integrating
the competencies of cl inical practice, education,
consultation, and research, and
(4) referring patients or clients to oth er services.
c. A Clinical Nurse Specialist in accordance with t he
scope of practice of such Clinical Nurse Specialist
shall be eligible to obtain recogniti on as authorized
by the Board to prescribe, as defined by the rules
promulgated by the Board pursuan t to this section, and
subject to the medical direction of a sup ervising
physician. This authorization sha ll not include
dispensing drugs, but shall not pr eclude, subject to
federal regulations, the receipt of, the signing for,
or the dispensing of profes sional samples to patients.
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d. The Clinical Nurse Specialist acc epts responsibility,
accountability, and ob ligation to practice in
accordance with usual and customary advanced practice
nursing standards and functions as defined by the
scope of practice/rol e definition statements for the
Clinical Nurse Specialist;
8. “Nurse-Midwife” is means a nurse who has received an
Advanced Practice Registered Nurse licen se from the Oklahoma Board
of Nursing who possesses evidence of certification according to the
requirements of the American College of Nurse -Midwives.
A Certified Nurse-Midwife in accordance with the scope o f
practice of such Certified Nurse -Midwife shall be eligible to obtain
recognition as authorized by the Board to prescribe, as defined by
the rules promulgated by the Board pursuant to this section and
subject to the medical direction of a supervising phys ician. This
authorization shall not include the dispensing of drugs, but shall
not preclude, subject to federal regulations, the receipt of, the
signing for, or the dispensing of professional samples to patients.
The Certified Nurse-Midwife accepts respon sibility,
accountability, and obligation to pract ice in accordance with usual
and customary advanced practice registered nursing standards and
functions as defined by the scope of practice/role definition
statements for the Certified Nurse-Midwife;
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9. “Nurse-midwifery practice” means providing managemen t of
care of normal newborns an d women, antepartally, intrapartally,
postpartally and gynecologicall y, occurring within a health care
system which provides for medi cal consultation, medical management
or referral, and is in accord with the standards for nu rse-midwifery
practice as defined by the American College of Nurse -Midwives;
10. a. “Certified Registered Nurse Anesthetist ” is an
Advanced Practice Registered Nurs e who:
(1) is certified by the National Boa rd of
Certification and Recertification for Nurse
Anesthetists as a Certified Re gistered Nurse
Anesthetist within one (1) year following
completion of an approved certified registered
nurse anesthetist Certified Registered Nurse
Anesthetist education program, and continues to
maintain such recertificatio n by the National
Board of Certification and Recertification for
Nurse Anesthetists, and
(2) administers anesthesia in collaboration with a
medical doctor, an osteo pathic physician, a
podiatric physician or a dentist licensed in this
state and under condit ions in which timely onsite
consultation by such doctor, osteopath, podiatric
physician or dentist i s available.
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b. A Certified Registered Nurse Anesthetist, in
collaboration with a medical doctor, osteopath ic
physician, podiatric physician or dentist lice nsed in
this state, and under c onditions in which timely, on-
site consultation by such medical docto r, osteopathic
physician, podiatric physician or dentist is
available, shall be authorized, pursuant to rul es
adopted by the Oklahoma Board of Nursing, to o rder,
select, obtain and admini ster legend drugs, Schedules
II through, III, IV and V controlled substances,
devices, and medical gases only when engaged in the
preanesthetic preparation and evaluation; anes thesia
induction, maintenance and emergence; and
postanesthesia care. A Certifi ed Registered Nurse
Anesthetist may order, select, obtain and adminis ter
drugs only during the perioperative or periobstetrical
period.
c. A Certified Registered Nurse Anesthet ist who applies
for authorization to order, selec t, obtain and
administer drugs shall:
(1) be currently recognized as a Certified Registered
Nurse Anesthetist in this state,
(2) provide evidence of completion, wit hin the two-
year period immediately precedi ng the date of
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application, of a minimum of fifte en (15) units
of continuing education in advanced pharmacology
related to the administration of anes thesia as
recognized by the National Board of Certification
and Recertification for Nurse Anesthetists, and
(3) complete and submit a no tarized application, on a
form prescribed by the Bo ard, accompanied by the
application fee established pursuant to this
section.
d. The authority to order, select, obtain and administe r
drugs shall be terminated if a Certified Registered
Nurse Anesthetist has:
(1) ordered, selected, obtained or administere d drugs
outside of the Certified Registered Nurse
Anesthetist scope of practice or ordered,
selected, obtained or administered drugs for
other than therapeutic purposes, or
(2) violated any provision of state laws or rules or
federal laws or regulations pe rtaining to the
practice of nursing or the authority to order,
select, obtain and administer drugs.
e. The Oklahoma Board of Nursing shall notify the Board
of Pharmacy after te rmination of or a change in the
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authority to order, select, obtain and administe r
drugs for a Certified Registered Nurse Anesthetist.
f. The Board shall provide by rule for biennial
application renewal and reautho rization of authority
to order, select, obt ain and administer drugs for
Certified Registered Nurse Anesthetists. At the ti me
of application renewal, a Certified Registered Nurse
Anesthetist shall submit documentation of a minimum of
eight (8) units of con tinuing education, completed
during the previous two (2) years, in advanced
pharmacology relating to the administration of
anesthesia, as recognized by the Council on
Recertification of Nurse Anesthetists or the Council
on Certification of Nurse Anesthetis ts.
g. This paragraph shall not prohibit th e administration
of local or topical anesthetics as now permitted by
law. Provided further, nothing in this paragraph
shall limit the authority of t he Board of Dentistry to
establish the qualifications for dentis ts who direct
the administration of anesthe sia.
h. As used in this parag raph, “collaboration” means an
agreement between a medical doctor, osteopathic
physician, podiatric physician or dentist performing
the procedure or directly involved with the procedur e
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and the Certified Registered Nurse Anesth etist working
jointly toward a common goal provid ing services for
the same patient. This collaboration involves the
joint formulation, discussion an d agreement of the
anesthesia plan by both parties, and the coll aborating
medical doctor, osteopathic physi cian, podiatric
physician or dentist performing t he procedure or
directly involved with the procedure and that. The
collaborating physician shall re main available for
timely onsite consultation during the deliver y of
anesthesia for diagnosis, consultation , and treatment
of medical conditions;
11. “Supervising physician” means an individual holding a
current license to practice as a physi cian from the State Board of
Medical Licensure and Supervision or the State Board of Osteopathic
Examiners, who supervises a Ce rtified Nurse Practitioner who chooses
to practice under the supervision of a physician or who is
undergoing a mentorship as provided by Section 5 of this act , a
Clinical Nurse Specialist, or a Certifie d Nurse-Midwife, and who is
not in training as an inte rn, resident, or fellow. To be eligible
to supervise such Advanced Practice Registered Nurse, such The
supervising physician shall remain in compliance with t he rules
promulgated by the State Board of Medical Licensure and Supervision
or the State Board o f Osteopathic Examiners;
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12. “Supervision of an Advanced Practice Regi stered Nurse with
prescriptive authority ” means overseeing and accepting
responsibility for the ordering and transmission by a Certified
Nurse Practitioner who chooses to practice unde r the supervision of
a physician or who is undergoing a mentorship as provided by Section
5 of this act, a Clinical Nurse Specialist, or a Certified Nurse -
Midwife of written, telephonic, electronic or oral prescriptions for
drugs and other medical supplies, subject to a defined formulary;
and
13. “Advanced Unlicensed Assistant” means any person who has
successfully completed a certified training program approved by the
Board that trains the Advanced Unlicensed Assistant to pe rform
specified technical skills identified by the Board in acute care
settings under the direction and supervision of the Registered Nurse
or Licensed Practical Nurse.
SECTION 4. AMENDATORY 59 O.S. 2011, Section 567.4a, as
last amended by Section 8, Chapter 428, O.S.L. 2019 (59 O.S. Supp.
2020, Section 567.4a), is amended to read as follows:
Section 567.4a. The Oklahoma Board of Nursing may grant
prescriptive authority through the Advanc ed Practice Registered
Nurse license to Certified Nurse Practit ioners, Certified Nurse-
Midwives and Clinical Nurse Specialists who meet the requirements
for prescriptive authority identified by law and in the Board’s
rules. The rules regarding prescriptiv e authority recognition
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promulgated by the Oklahoma Board of Nu rsing pursuant to paragraphs
6 through 9, 11 and 12 of Section 567.3a of this title shall:
1. Define the procedure for documentin g supervision by a
supervising physician licensed in Oklahoma t o practice by the State
Board of Medical Licensure and Supervision or the S tate Board of
Osteopathic Examiners. Such procedure shall include a written
statement that defines appropriate referral, consultati on, and
collaboration between the Advanced Practice Registered Nurse,
recognized to prescribe as defined in paragraphs 6 through 9, 11 and
12 of Section 567.3a of this title, and the supervising physician.
The written statement shall include a method of assuring
availability of the supervising physician through direct contact,
telecommunications or other appropriate electronic means for
consultation, assistance with medical emergencies, or patient
referral. The written statement shall be part of the initial
application and the renewal application submitted to the Board for
recognition for prescriptive authority for the Advance d Practice
Registered Nurse. Changes to the written statement shall be filed
with the Board within thirty (30) day s of the change and shall be
effective on filing;
2. Define the procedure for documenting independent
prescriptive authority for Certified Nurse Practitioners who have
obtained independent prescriptive authority as provided by Section 5
of this act;
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3. Define minimal requirements for initial application for
prescriptive authority which shall in clude, but not be limited to,
evidence of completion of a minimum of forty-five (45) contact hours
or three (3) academic credit hours of education in
pharmacotherapeutics, clinical application, and use of
pharmacological agents in the prevention of illness , and in the
restoration and maintenance of healt h in a program beyond basic
registered nurse preparation, approved by the Board. Such contact
hours or academic credits shall be obtained within a time period of
three (3) years immediately preceding the da te of application for
prescriptive authority;
3. 4. Define minimal requirements for application for renewal
of prescriptive authority which shall include, but not be limited
to, documentation of a minimum of:
a. fifteen (15) contact hours or one (1) acade mic credit
hour of education in pharmacotherapeut ics, clinical
application, and use of pharmacological agents in the
prevention of illness, and in the rest oration and
maintenance of health in a program beyond basic
registered nurse preparation, and
b. two (2) hours of education in pain management or two
(2) hours of education in opioid use or addiction,
unless the Advanced Practice Registered Nurse has
demonstrated to the satisfaction of the Board that the
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Advanced Practice Registered Nurse does not current ly
hold a valid federal Drug Enforcement Administ ration
registration number,
approved by the Board, within the two-year period immediately
preceding the effective date of application for renewal of
prescriptive authority;
4. 5. Require that beginning July 1, 2002, an Advanced Practice
Registered Nurse shall demonstrate demonstrates successful
completion of a master’s degree or higher in a clinical nurse
specialty the Certified Nurse Practi tioner role, Clinical Nurse
Specialist role or Certified Nurse -Midwife role in order to be
eligible for initial appli cation for prescriptive authority under
the provisions of the Oklahoma Nursing Practice Act;
5. 6. Require an Advanced Practice Registered Nurse to have
graduated from a program accredited by the Accredita tion Commission
for Education in Nursing (ACEN) or the Commission of Collegiate
Nursing Education (CC NE), or a substantia lly equivalent program
approved by the Board in order to be eligible for initial
application for prescriptive authority under the provi sions of the
Oklahoma Nursing Practice Act . As a condition of obtaining
prescriptive authority, an Advanced Practice Reg istered Nurse shall
show evidence of annual o n-campus attendance for assessment and
evaluation of student progress and competence in ad dition to
completing the required clinical hours i n the graduate program
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consistent with the most recent edition of the Criteria for
Evaluation of Nurse Practitioner Programs by the Nat ional Task Force
on Quality Nurse Practitioner Education ;
7. Define the method for communicating authority to p rescribe
or termination of same, an d the formulary to the Board of Pharmacy,
all pharmacies, and all registered pharmacists;
6. 8. Define terminology used in such rules;
7. 9. Define the parameters for the pre scribing practices of
the Advanced Practice R egistered Nurse;
8. 10. Define the methods for termination of prescriptive
authority for the Advanced Practice Registered Nurse; and
9. 11.
a. Establish a Formulary Advisory Council that shall
develop and submit to the Board recommendations for an
exclusionary formulary that shall list drugs or
categories of drugs that shall not be prescribed by
Advanced Practice Registered Nurse recognized to
prescribe by the Oklahoma Board of Nursing. The
Formulary Advisory C ouncil shall also develop and
submit to the Board recommendations for practice-
specific prescriptive standards for each category of
Advanced Practice Registered Nurse recognized to
prescribe by the Oklahoma Board of Nursing pursuant to
the provisions of th e Oklahoma Nursing Practice Act.
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The Board shall either accept or reject the
recommendations made by the Council. No amendments to
the recommended exclusionary formulary may be made by
the Board without the approval of the Formulary
Advisory Council.
b. The Formulary Advisory Council shall be compo sed of
twelve (12) members as follo ws:
(1) four members, to include a pediatrician, an
obstetrician-gynecological physician, a general
internist, and a family practice physician;
provided that three of such memb ers shall be
appointed by the Oklahoma State Medical
Association, and one shall be appointed by the
Oklahoma Osteopathic Association,
(2) four members who are registered pharmacists,
appointed by the Oklahoma Pharmaceutical
Association, and
(3) four members, one of whom shall be a Certified
Nurse Practitioner, one of whom shall be a
Clinical Nurse Specialist, one of whom shall be a
Certified Nurse-Midwife, and one of whom shall be
a current member of the Oklahoma Board of
Nursing, all of whom shall be appoi nted by the
Oklahoma Board of Nursing.
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c. All professional members of the Formul ary Advisory
Council shall be in active clinical practi ce, at least
fifty percent (50%) of the time, withi n their defined
area of specialty. The members of the Formulary
Advisory Council shall serve at the pleasure of th e
appointing authority for a term o f three (3) years.
The terms of the members shall be s taggered. Members
of the Council may serve beyond the expiration of
their term of office until a successor is appointed by
the original appointing authority. A vaca ncy on the
Council shall be filled for the balance of the
unexpired term by the original a ppointing authority.
d. Members of the Council shal l elect a chair and a vice -
chair from among the membership of the Coun cil. For
the transaction of business, at lea st seven members,
with a minimum of two members present from each of the
identified categories of physicians, pharmacists and
advanced practice registered nurses Advanced Practice
Registered Nurses, shall constitute a quorum. The
Council shall recommend a nd the Board shall approve
and implement an initial exclusionary formulary on or
before January 1, 1997. The Council and the Board
shall annually review the approved exclusionary
formulary and shall make any ne cessary revisions
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utilizing the same procedur es used to develop the
initial exclusionary formulary.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 567.4c of Title 59, unless there
is created a duplication in numbering, reads as follo ws:
A. An Advanced Practice Registered Nurse recognized by the
Oklahoma Board of Nursing as a Certified Nurse Practitioner who
meets the application requirements provided by this subsection may
apply to the State Board of Me dical Licensure and Supervision for
authority to prescribe and order independent of supervision. The
application for independent prescriptive authority shall include
proof:
1. That the Certified Nu rse Practitioner has satisfied the
educational requiremen ts provided by Section 567.5a of Title 59 of
the Oklahoma Statutes;
2. That the Certified Nurse Practitioner holds a valid, current
Advanced Practice Registered Nurse license issued by the Oklahoma
Board of Nursing, is recognized by the Oklahoma Board of Nursing as
a Certified Nurse Practit ioner and is in good standing with the
Oklahoma Board of Nursing;
3. That the Certified Nu rse Practitioner has completed a
mentorship as provided by paragraph 1 of subsection B of this
section or is exempt from a mentor ship as provided by paragraph 2 of
subsection B of this section. For the purposes of this paragraph,
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proof of completion of the mentorship, if applicable, shall include
a letter of recommendation signed by the supervising physician ; and
4. Of any physical address or addresses where the Certified
Nurse Practitioner practices as of the date of application.
B. 1. A mentorship shall consist of a minimum of eight
thousand three hundred twenty (8,320) hours of practice with
prescriptive authority supervised by a physician, less the amount of
practice hours already accrued as a Certified Nurse Practitioner as
of the effective date of this act, which must be completed within
seven (7) years from the date of initiation of the mentorship .
Practice hours accrued prior to the effective date of this act s hall
be included regardless of whether the prior supervision arrangement
would have complied wit h the mentorship requirements provided by
this subsection or subsection C of this section. While undergoing
the mentorship, the Certified Nurse Practitioner sh all complete
annual courses certified by the State Board of Medical Licensure and
Supervision relating to prescription and administration of
pharmaceutical drugs.
2. Notwithstanding the provisions of paragraph 1 of this
subsection, an Advanced Practice Registered Nurse recognized by the
Oklahoma Board of Nursing as a Certified Nurse Practitioner who is
licensed in this state as an Advanced Practice Registered Nurse with
prescriptive authority on or before the effective date of this act
and has been nationa lly certified as an Advanced Practice Registered
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Nurse for four (4) years as of the effective date of this act and is
in good standing with the Oklahoma Board of Nursing shall not be
required to undergo a mentorship with a supervising physician .
C. 1. In order to be eligible to supervise a Certified Nurs e
Practitioner for purposes of a mento rship under this section, a
physician must:
a. meet the definition of a supervising physician under
Section 567.3a of Title 59 of the Oklahoma Statutes ,
b. practice in family medicine, and
c. have been licensed by the State Board of Medical
Licensure and Supervision or the State Board of
Osteopathic Examiners for a minimum of five (5) years.
2. The requirements provided by paragr aph 1 of this subsection
shall not be construed to apply to a physician who supervises an
Advanced Practice Registered Nurse not undergoing a mentorship who
chooses to practice under the supervision of a physician.
D. The State Board of Medical Licensure and Supervision shall
review an application for independent prescriptive authority
submitted under this section and shall approve the application if
the applicant meets the cri teria provided by subsection A of this
section. If the applicant does not meet the criteria provided by
subsection A of this section, the State Board of Medical Licensure
and Supervision shall deny the application, stati ng the reason or
reasons for denial. The Board shall mail the approval or denial
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letter to the applicant within fourteen (14) calendar days of
receipt of the application. If the application is denied, the
applicant may reapply using the process provided by this subsection.
E. Independent prescriptive authority granted under this
section shall be valid until the expi ration of the curren t license
to practice issued by the Oklahoma Board of Nursing and may be
renewed upon application to the State Board of Medical Licensure and
Supervision at the same time and for the same period as the renewal
of the license to practice. The State Board of Medical Licensure
and Supervision may revoke independent prescriptive authority
granted under this section for good cause at any time.
F. The State Board of Medical L icensure and Supervision may
establish a fee for the review of init ial and renewal applications
for independent prescriptive authority , not to exceed the fee amount
established for initial application for licen sure of physician
assistants.
G. 1. A Certified Nurse Practitio ner who obtains independent
prescriptive authority under this section and practices unsupervised
shall only practice in one or more geographic areas that have been
designated as Health Professional Shortag e Areas (HPSAs) for primary
care by the U.S. Department of Health and Human Services ; provided,
however:
a. a Certified Nurse Practitio ner licensed on or before
the effective date of this ac t may continue to
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practice at any physical address or addresses where
the Certified Nurse Practitioner practices as of the
effective date of this act regardless of whether the
address or addresses are loca ted in a geographic area
or areas that are not designated as HPSAs by the U.S.
Department of Health and Human Services as of the
effective date of thi s act, or whether such geographic
area or areas subsequently lose the HPSA designation
for primary care; and
b. a Certified Nurse Practitio ner licensed after the
effective date of this act may continue to practice at
any physical address or addresses where the Certified
Nurse Practitioner practices as of the date of
obtainment of initial independent prescripti ve
authority that are located in a geographic area or
areas that have been designated a s HPSAs for primary
care by the U.S. Department of Health and Human
Services as of the date of obtainment of initial
independent prescriptive authority regardless of
whether the geographic area or areas where the address
or addresses are located subsequently lose the HPSA
designation for primary care .
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2. The requirements provided by paragraph 1 shall not apply to
a Certified Nurse Practitioner who holds a doctorate degree in
nursing.
H. The provisions of this section sh all apply to an Advanced
Practice Registered Nurse licensed by endorsement as a Certified
Nurse Practitioner by the Oklahoma Board of Nursing as provided by
Section 567.5a of Title 59 of the Oklahoma S tatutes.
SECTION 6. AMENDATORY 59 O.S. 2011, Section 567.7, as
amended by Section 1 , Chapter 190, O.S.L. 2016 (59 O.S. Supp. 2020,
Section 567.7), is amended to read as follows:
Section 567.7. A. Upon expiration of an initial lic ense or
certificate issued pursuant to the Oklahoma Nursing Practice Act, a
license or certificate shall be re newed every two (2) years
according to a schedule published by the Oklahoma Board of Nursing,
provided that the application is complete and qualif ying criteria
continues to be met.
B. A licensee or certificate holder who applies for
reinstatement of a lic ense or certificate shall meet such
requirements as the Board may prescribe in its rules.
C. Any licensee or certificate holder who desires to re tire
temporarily from the practice of nursing in this state shall submit
a written request to that effect to t he Board. It shall be the duty
of the Board to place the name of such licensee or certificate
holder upon the nonpracticing list in accordance wi th the rules of
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the Board. During the period of temporary retirement, the licensee
or certificate holder shal l not practice nursing, Advanced Practice
Registered Nursing or practice as an Advanced Unlicensed Assistant
nor be subject to the payment of any renewal fees. When the
licensee or certificate holder desires to resume practice, s uch
licensee or certificat e holder shall meet such requirements as the
Board may prescribe in its rules.
D. The Board is authorized t o establish by rule fees to be
charged for the purpose of implementing and e nforcing the provisions
of the Oklahoma Nursin g Practice Act; provided, however, no single
fee for an initial application for licensure or certification, or
for renewal, reinstatem ent or return to active practice shall exceed
One Hundred Twenty-five Dollars ($125.00). The application fee for
a multistate license issued pursu ant to Section 5 of this act shall
be One Hundred Fifty Dollars ($150.00). The biennial multistate
license renewal fee shall be One Hundred Twent y-five Dollars
($125.00); provided, how ever, that contingent upon implementation of
the Nurse Licensure Compac t and the Board’s revolving fund balance
being reconciled at less than the average of three (3) months of
expenditures, the biennial renewal fee s et forth in Oklahoma
Administrative Code 485:10-1-3(a)(2) shall increase by Ten Dolla rs
($10.00) by operation of law. The Board may reduce the biennial
renewal fees on a pro rata basis for the specific Registered Nurs e
and Licensed Practical Nurse biennia l renewal period.
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Notwithstanding any other provision of this section, the renewal fee
for a Certified Nurse Practitioner who has obtained independent
prescriptive authority as provided by Section 5 of this act shall be
an amount equivalent to the licensure renewal fee imposed on
osteopathic physicians.
E. The Executive Director of the B oard shall suspend the
license or certificate of a person who submits a check, money draft,
or similar instrument for payment of a fee which i s not honored by
the financial institution named. The suspension be comes effective
ten (10) days following delive ry by certified mail of written notice
of the dishonor and the impending suspension to the person ’s address
on file. Upon notification of sus pension, the person may reins tate
the authorization to practice upon payment of the fees and any and
all costs associated with notice and collection. The suspension
shall be exempt from the Administrative Procedures Act.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 567.27 of Title 59, unless there
is created a duplication in numbering, reads as follows:
An Advanced Practice Registered Nurse , or his or her employer on
his or her behalf, shall be required to carry malpractice insurance
or demonstrate proof of financial responsibility in a minimum amount
of One Million Dollars ($1,000,000.00) per occurrence and Three
Million Dollars ($3,000,000.0 0) in the aggregate per year.
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SECTION 8. AMENDATORY 6 3 O.S. 2011, 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 requireme nts of the
Uniform Controlled Dangerous Substances Act, in good faith and in
the course of such person’s professional practice only, may
prescribe and administe r controlled dangerous substances, or may
cause the same to be administer ed by medical or parame dical
personnel acting under the direction and supervision of the
physician, podiatrist, optometrist or dentist, and only may dispense
controlled dangerous subs tances pursuant to the provisions of
Sections 355, 355.1 and 355.2 of Tit le 59 of the Oklahoma S tatutes.
B. A veterinarian w ho has complied with the registration
requirements of the Uniform Controlled Dangerous Substances Act, in
good faith and in the cou rse of the professiona l practice of the
veterinarian only, and not for us e by a human being, may 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 veter inarian.
C. An advanced practice nurse Advanced Practice Registered
Nurse who is recognized to prescri be by the Oklahoma Board of
Nursing as an advanced registered nurse practitioner, clinical nurse
specialist or certified nurse-midwife, a Clinical Nurse Specialist
or a Certified Nurse-Midwife who is subject to medical directio n by
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a supervising physician , pursuant to Section 567.3a of Title 59 of
the Oklahoma Statutes, and who has complied with the registration
requirements of the Un iform Controlled Dange rous Substances Act, in
good faith and in the cours e of professional pract ice only, may
prescribe and administer Schedule III, IV and V controlled danger ous
substances.
D. 1. An Advanced Practice Registered Nurse who is recognized
to prescribe by the Okl ahoma Board of Nursing as a Certified Nurse
Practitioner who chooses to practi ce under the supervision of a
physician or who is undergoing a mentorship as provided by Section 5
of this act and therefore is subject to medical direction by a
supervising physician pursuant to Section 567.3a of Title 59 of the
Oklahoma Statutes, and has complied with the registration
requirements of the Uniform Controlled Da ngerous Substances Act, in
good faith and in the course of professional practice only, may
prescribe and administer Schedule III, IV and V controlled dangerous
substances.
2. An Advanced Practice Registered Nurse who is recognized to
prescribe by the Okla homa Board of Nursing as a Certified Nurse
Practitioner and has obtained independent prescriptive authority as
provided by Section 5 of this act, and has complied with the
registration requirements of the Uniform Controlled Dangerous
Substances Act, in good faith and in the course of pr ofessional
practice only, may prescribe and administer Schedule III, IV and V
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controlled dangerous substances and may prescribe Schedule II
controlled dangerous substances solely for the purpose of treating
attention deficit disorder or attention deficit hyperactivity
disorder.
E. An advanced practice nurse Advanced Practice Regis tered
Nurse who is recognized to order, selec t, obtain and administer
drugs by the Oklahoma Board of Nursing as a certified registered
nurse anesthetist Certified Registered Nurse Anesthetist pursuant to
Section 353.1b of Title 59 of the Oklahoma Statutes and who has
complied with the registration re quirements of the Uniform
Controlled Dangerous Substances Act, in good faith and i n the course
of such practitioner’s professional practice only, may order,
select, obtain and administer S chedules II through, III, IV and V
controlled dangerous substances i n a preanesthetic preparation or
evaluation; anesthesia induction, maintenance or emergence; or
postanesthesia care setting only. A certified registered nurse
anesthetist Certified Registered Nurse Anesthetist may order,
select, obtain and administer such drugs only during the
perioperative or periobstetrical period.
E. F. A physician assistant who is recognized to prescribe by
the State Board of Medical Licensure and Supervision under th e
medical direction of a supervising physician, pursuant to subsecti on
D of Section 519.6 of Title 59 of the O klahoma Statutes, and who has
complied with the registration requirements of the Uniform
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Controlled Dangerous Substances Act, in good faith and in the course
of professional practice only, may prescribe and adminis ter Schedule
II through, III, IV and V controlled dangerous substances.
SECTION 9. This act shall become effective November 1, 2021.
58-1-136 DC 1/19/2021 9:14:43 PM