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ENGROSSED SENATE
BILL NO. 690 By: Pugh of the Senate
and
Hasenbeck of the House
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 physici an-
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 in this st ate
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 exa mination 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 credentia ls.
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 encounte rs 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 inf ormation 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.
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Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives