Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB690 Introduced / Bill

Filed 01/21/2021

                     
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
SENATE BILL 690 	By: Pugh 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to telemedicine; amending Section 2, 
Chapter 228, O.S.L. 2017 (59 O.S. S upp. 2020, Section 
478.1), which relates to e stablishment of physician-
patient relationship ; broadening types of allowed 
licenses; and providing an effective date . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA: 
SECTION 1.     AMENDATORY     Section 2, Chapter 228, O.S. L. 
2017 (59 O.S. Supp. 2020, Section 478.1), is amended to read as 
follows: 
Section 478.1. A.  Unless otherwise prohibited by law, a valid 
physician-patient relationship may be established by an allopathi c 
or osteopathic physician with a patient located i n this state 
through telemedicine, provided that the physician: 
1.  Holds a license to practice medicine in this state , a 
license issued by endorsement by the Sta te Board of Medical 
Licensure and Supervision under Section 493.3 of this title or a 
license issued without examination by the State Board of Osteopathic 
Examiners under Section 63 4 of this title;   
 
 
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2.  Confirms with the patient the patient ’s identity and 
physical location; and 
3.  Provides the patie nt with the treating physician ’s identity 
and professional credentials. 
B.  Telemedicine and store and forward technology encounters 
shall comply with the Health Insurance Portability and 
Accountability Act of 1996 and ensure that all patient 
communications and records are secure and confidential. 
C.  Telemedicine encounters and encounters involving store and 
forward technologies in this st ate shall not be used to establish a 
valid physician-patient relationship for the purpose of prescribing 
opiates, synthetic opiates, semisynthetic opiates, benzod iazepine or 
carisprodol, but may be used to prescribe opioid antagonists or 
partial agonists pursuant to Sections 1 -2506.1 and 1-2506.2 of Title 
63 of the Oklahoma Statutes. 
D.  A physician-patient relationship sh all not be created solely 
based on the receipt of patient health information by a physician.  
The duties and obligations created by a phy sician-patient 
relationship shall not apply until the physician affirmatively: 
1.  Undertakes to diagnose and treat the patient; or 
2.  Participates in the diagno sis and treatment of the patient. 
SECTION 2.  This act shall become effective November 1, 2021. 
 
58-1-1405 DC 1/21/2021 11:58:17 AM