SB690 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) 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. Supp. 2020, Section 478.1), which relates to establishment of physician - patient relationship; broadening types of allowed licenses; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF 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 establi shed by an allopathic or osteopathic physician with a patient located in 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 State Board of Medical Licensure and Supervision under Section 493.3 of this title or a SB690 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 license issued without examination by the State Board of Osteopathic Examiners under Section 634 of this title ; 2. Confirms with the patient the patient ’s identity and physical location; and 3. Provides the patient 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 p atient communications and records are secure and confidential. C. Telemedicine encounters and encounters involving store and forward technologies in this state shall not be used to establish a valid physician-patient relationship for the purpose of prescr ibing opiates, synthetic opiates, semisynthetic opiates, benzodiazepine 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 shall not be created solely based on the receipt of patient health information by a physician. The duties and obligations created by a physician -patient relationship shall not apply until the physician affirmatively: 1. Undertakes to di agnose and treat the patient; or 2. Participates in the diagnosis and treatment of the patient. SB690 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. This act shall become effective November 1, 2021. COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 03/31/2021 - DO PASS.