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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 779 By: Daniels, Bullard, Stephens,
David, Taylor, Jett and
Bergstrom of the Senate
and
Lepak, Dills, Gann and
Smith of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to abortion; creating the Oklahoma
Abortion-Inducing Drug Certification Program Act ;
defining terms; specifying applicability of act;
directing creation of certification program;
authorizing certain fees and contracts; limiting
provision of abortion -inducing drugs to certain
practitioners and procedures; directing promulgation
of certain rules; directing establishment of certain
requirements for manufacturers, distributors and
physicians; providing certification systems and
requirements for manufacturers, distributors and
physicians; requiring physician to maintain hospital
admitting privileges or enter into certain written
agreement; stating con ditions of agreement; requiring
adoption of certain reporting system; stating
criteria of reporting system; requiring certain
reporting of physicians; providing for reporting of
adverse events; providing criminal pe nalties;
providing for certain civil reme dies, disciplinary
sanctions and injuncti ve relief; specifying certain
judicial procedures; directing development of certain
enforcement scheme; specifying criteria of
enforcement scheme; providing for certain
restitution; directing creation of certain pub lic
portals; requiring portals to list certain names and
allow for certain complaints; providing for
disposition of complaints; providing for
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confidentiality of complaints; providing certain
construction and intent; authorizing certain
intervention; provid ing severability; amending 59
O.S. 2011, Section 353.7, as last amended by Section
4, Chapter 106, O.S.L. 2018 (59 O.S. Supp. 2020,
Section 353.7), which relates to powers and duties of
the State Board of Pharmacy; broadening allowed uses
of fees; amending 59 O.S. 2011, Section 643 , which
relates to the State Board of Osteopathic Examin ers
Revolving Fund; amending 59 O.S. 2011, Section 644,
as amended by Section 266, Chapter 304, O.S.L. 2012
(59 O.S. Supp. 2020, Section 644) , which relates to
the State Board of Osteopath ic Examiners Revolving
Fund; broadening sources and allowed uses of monies;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 1-757.1 of Title 63, unless
there is created a duplication in numbering, reads as follows:
Sections 1 through 16 of this act shall be known and may be
cited as the “Oklahoma Abortion-Inducing Drug Certification Program
Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -757.2 of Title 63, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
1. “Abortion” means the act of using or prescribing any
instrument, medicine, drug or any other substance, device or mea ns
with the intent to terminate the pregnancy of a woman known to be
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pregnant, with knowledge that the termination by those means will
with reasonable likelihood cau se the death of the unborn child.
Such use, prescription or means is not an abortion if do ne with the
intent to:
a. save the life or preserve the health of the unborn
child,
b. remove a dead unborn child caused by spontaneou s
abortion, accidental trauma o r a criminal assault on
the pregnant woman or her unborn child,
c. remove an ectopic pregna ncy, or
d. treat a maternal disease or illness for which the
prescribed drug is indicated;
2. “Abortion-inducing drug” means a medicine, drug or any other
substance prescribed or dispensed with the intent of terminating the
pregnancy of a woman known to b e pregnant, with knowledge that the
termination will with reasonable likelihood cause the death of the
unborn child. This includes th e off-label use of drugs known to
have abortion-inducing properties, which are prescribed specifically
with the intent of causing an abortion, such as mifepristone
(Mifeprex), misoprostol (Cytotec) and methotrexate. This definition
does not apply to drugs that may be known to cause an abortion, but
which are prescribed for other medical indications, such as
chemotherapeutic agents and diagnostic drugs. The use of such drugs
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to induce abortion is also known as “medical”, “medication”, “RU–
486”, “chemical”, “Mifeprex regimen” or “drug-induced” abortion;
3. “Adverse event”, according to the Food and Drug
Administration, means any untoward medical occurrence associated
with the use of a drug in humans, whether or not considered drug -
related. It does not incl ude an adverse event or suspect ed adverse
reaction that, had it occurred in a more severe form, might have
caused death;
4. “Associated physician ” means a person fully licensed and in
good standing to practice medicine in the state including medical
doctors and doctors of osteopathy, who has entered into an
associated physician agreement;
5. “Complication” means any adverse physical or psychological
condition arising from the performance of an abortion which
includes, but is not limited to, uterine perfor ation, cervical
perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
blood clots resulting in pulmonary emb olism or deep vein thrombosis,
failure to actually terminate the pregnancy, incomplete abortion
(retained tissue), pelvic inflammatory disease, endometritis, missed
ectopic pregnancy, cardiac arrest, respiratory arrest, renal
failure, metabolic disorder, s hock, embolism, coma, placenta previa
in subsequent pregnancies, preterm delivery in subsequent
pregnancies, free fluid in the abdomen , hemolytic reaction due to
the administration of ABO-incompatible blood or blood products,
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adverse reactions to anesthesi a and other drugs, subsequent
development of breast cancer, psychological complications such as
depression, suicidal ideation, anxiety , sleeping disorders, death
and any other adverse event as defined by the Food and Drug
Administration criteria provided i n the Medwatch Reporting System;
6. “Gestational age” means the time that has elapsed since the
first day of the woman ’s last menstrual period, also known as “last
menstrual period” or “LMP”;
7. “Hospital” means an institution providing medical and
surgical treatment and nursing care for sick or injured people, or
institutions defined under Section 1 -701 of Title 63 of the Oklahoma
Statutes;
8. “Manufacturers and distributors” means individuals or
entities that create, produce, supply, transport or sell drugs,
which include:
a. any substances recognized by an official pharmacopoeia
or formulary,
b. any substances intended for use in th e diagnosis,
cure, mitigation, treatment or prevention of disease,
c. any substances other than food intended to affect t he
structure or any function of the body, or
d. any substances intended for use as a component of a
medicine but not a device or a com ponent, part or
accessory of a device;
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9. “Obstetrician/gynecologist ”, also known as OB/GYN, means a
licensed physician w ho specializes in the care of women during
pregnancy and childbirth and in the diagnosis and treatment of
diseases of the female repro ductive organs and specializes i n other
women’s health issues such as menopause, hormone problems,
contraception or birth control, and infertility;
10. “Physician” means any person fully licensed by and in good
standing with the State Board of Medical Lic ensure and Supervision
or the State Board of Osteopathic Examiners to practice medicine in
this state. The term includes medical doctors and doctors of
osteopathy;
11. “Pregnant” or “pregnancy” means that female reproductive
condition of having an unborn child in the mother’s uterus;
12. “Provide” or “provision” means, when used regarding
abortion-inducing drugs, any act o f giving, selling, dispensing,
administering, transferring possession to or otherwise providing or
prescribing an abortion -inducing drug; and
13. “Unborn child” means an individual organism of the species
Homo sapiens, beginning at fertilization, until th e point of being
born-alive as defined in Title 1 U.S.C., Section 8(b).
SECTION 3. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 1-757.3 of Title 63, unless
there is created a duplication in numberi ng, reads as follows:
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This act applies to any physician, health care provider or other
person who is providing abortion -inducing drugs for use within this
state, or any manufacturer or distributor providing abortion -
inducing drugs within this state.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -757.4 of Title 63, unle ss
there is created a duplicatio n in numbering, reads as follows:
A. The State Board of Pharmacy, the State Boar d of Medical
Licensure and Supervision and the State Board of Osteopathic
Examiners shall create a certification program for abortion-inducing
drugs. The program shall be kno wn as the Oklahoma Abortion -Inducing
Drug Certification Program.
B. The State Board of Medical Licensure and Supervision , the
State Board of Osteopathic Examiners and the State Board of Pharmacy
may assess reasonable fees on their respective licensees and enter
into contracts with persons or en tities to implement the Oklahoma
Abortion-Inducing Drug Certification Program.
C. Abortion-inducing drugs shall not be provided directly to
the patient through the mail, telemedicine or otherwise outside of
the parameters of the Oklahoma Abortion -Inducing Drug Certification
Program.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -757.5 of Title 63, unless
there is created a duplication in numbering, reads as follows:
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A. The State Board of Pharmacy shall promulgate r ules to create
a certification program to oversee and regulate the manufacture and
distribution of abortion-inducing drugs by manufacturers and
distributors licensed by the State Board of Pharmacy.
B. The State Board of Pharmacy shall establish the following
requirements for manufacturers and distributors of abortion -inducing
drugs, at a minimum:
1. Require completion of the certification process for
manufacturers and distributors as described in Section 6 of this
act;
2. Require that abortion-inducing drugs be transported and
provided in this state only by manufacturers or distributors
certified to do so under this program;
3. Notify manufacturers and d istributors of physicians
certified under the Oklahoma Abortion -Inducing Drug Certification
Program;
4. Prohibit shipment of abortion -inducing drugs to physicians
who become de-certified from the Oklahoma Abortion -Inducing Drug
Certification Program;
5. Audit newly certified manufacture rs and distributors withi n
ninety (90) calendar days after the manufacturer or distributor is
authorized, and annually thereafter, to ensure that all processes
and procedures are in place and functioning to support the
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requirements of the Oklahoma Abortion -Inducing Drug Certificat ion
Program;
6. If a manufacturer or distributor is found to be
noncompliant, immediately suspend manufacturer ’s or distributor’s
certification until the manufacturer or distributor demonstrates
full compliance; and
7. Enforce compliance according to Sec tion 12 of this act.
C. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall promulgate rules to
create a certification program to oversee and reg ulate the provision
of abortion-inducing drugs by physicians licensed by the respective
state licensing board. The drugs shall only be provided to patients
by fully licensed physicians certified to do so under this program
by their respective state licens ing boards.
D. The State Board o f Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall establish the following
requirements for physicians providing abortion -inducing drugs, at a
minimum:
1. Require completion of the certification process for
physicians as described in Section 7 of this act ;
2. Audit newly certified physicians within ninety (90) calendar
days after the physician is authorized, and annually thereafter, to
ensure that all required processes and procedures are in place and
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functioning to support the requirements of the Oklahoma Abortion -
Inducing Drug Certification Program;
3. If a physician is found to be noncompliant, immediately
suspend the physician ’s certification until such time that the
physician demonstrates full compliance;
4. Develop a reporting system as specified in Section 9 of this
act; and
5. Enforce compliance according to Section 12 of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.6 of Title 63, unless
there is created a duplication in numbering, reads as follows:
The State Board of Pharmacy shall adopt a certification system
for any manufacturer or distributor intending to provide abortion -
inducing drugs in the state. To be eligible to be c ertified under
this section, manufacturers and distributors shall:
1. Be licensed by the Board;
2. Only distribute to physicians certified under this act;
3. Record each serial number from pharmaceutical packages
distributed to each certified physician;
4. Abide by all applicable standards of the Utilization Review
Accreditation Commission (URAC) or National Association of Boards of
Pharmacy (NABP);
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5. For online sales or orders, hold a current “.pharmacy” or
“.pharma” domain and abide by all the stand ards required by the NABP
to maintain the domain;
6. Follow all other applicable state or federal laws related to
the distribution or delivery of legend drugs including abortion -
inducing drugs; and
7. Follow all accept able processes and procedures to mai ntain a
distribution or delivery system that is secure, confidential and
follows all processes and procedures including those for storage,
handling, shipping, tracking package serial numbers, proof of
delivery and controlled returns of abortion-inducing drugs.
SECTION 7. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 1 -757.7 of Title 63, unless
there is created a duplication in numbering, reads as follows:
The State Board of Medical Licensure and Supe rvision and the
State Board of Osteopathic Examiners shall adopt a certification
system for any physician intending to provide abortion -inducing
drugs to patients in the state. Individuals or physicians providing
abortion-inducing drugs in other states ar e not automatically
certified in this state, and shall be fully certified under t his law
prior to providing any abortion -inducing drugs to any pregnant women
in this state. To be eligible to be certified under this sect ion
physicians shall:
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1. Be fully licensed by and in good standing with either the
State Board of Medical Licensure and Supervision or the State Board
of Osteopathic Examiners to practice medicine in the state;
2. Examine any patient in person prior to p roviding abortion-
inducing drugs;
3. Sign an annual “Dispensing Agreement Form ”, to be developed
and provided by the physician’s state licensing board , before
providing abortion-inducing drugs;
4. Inform the patient of gestational age -specific risks of
using abortion-inducing drugs;
5. Assess for signs of domestic abuse, reproductive control,
human trafficking and oth er signals of coerced abortion, per current
state guidelines;
6. Adequately inform the patient of gestational age -specific
age risks of using abortion-inducing drugs;
7. Inform the patient that she may see the remains of her
unborn child in the process o f completing the abortion;
8. Inform the patient that studies show that babies born
following the abortion reversal process have a rate of birth defects
no higher than the ge neral population;
9. Inform the patient that studies show that following this
reversal process or otherwise treating a woman with progesterone
during pregnancy does not lead to increased mortality rates;
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10. Refrain from knowingly supplying abortion -inducing drugs to
patients who present with any of the following:
a. absence of a pregnancy,
b. being post-seventy days gestation or post -ten weeks of
pregnancy, and
c. having risk factors associated with abortion -inducing
drugs including, but not limited to:
(1) ectopic pregnancies,
(2) problems with the adrenal glands near the
kidneys,
(3) being treated with long -term corticosteroid
therapy,
(4) allergic reactions to abortion -inducing drugs,
mifepristone, misoprostol or sim ilar drugs,
(5) bleeding problems or is taking anticoagulant drug
products,
(6) has inherited porphyria,
(7) has an intrauterine device in place, or
(8) being Rh Negative, requiring administration of
Rhogam before providing abortion -inducing drugs;
11. Provide or refer for emergency surgica l intervention in
cases of incomplete abortion, severe bleeding or other medical
complications, through maintaining hospital admitting privileges or
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entering into a written agreement with an associated physician as
specified in Section 8 of this act;
12. Assure patient access to medical facilities equipped to
provide blood transfusion s and resuscitation or other necessary
treatments, if necessary;
13. Sign, and ensure that the patient signs, all legally
required informed consent material, providing patien t with a copy
showing both signatures, and placing the original in the patient ’s
medical record;
14. Record the serial number from each package of each
abortion-inducing drug given to the patient in her medical record;
15. Submit a written protocol of ho w efforts will be made to
schedule with the patient the medically indic ated follow-up
appointment within fourteen (14) days to assure a completed
abortion;
16. Report to the State Board of Pharmacy, the physician’s
state licensing board and the Food and Drug Administration, any
death associated with abortion -inducing drugs with the following
guidelines:
a. the patient shall be noted by a non -identifiable
reference and the serial number from each package of
abortion-inducing drug given, whether or not
considered drug-related,
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b. this shall be done as soon as possible but no late r
than fifteen (15) calendar days from the initial
receipt of the information by the physician, and
c. this requirement does not affect the physici an’s other
reporting and follow -up requirements under the
Oklahoma Abortion-Inducing Drug Certification Progr am
or any additional requirements by another department
that oversees the abortion industry in this state;
17. Submit a written protocol of how co mplications will be
handled by the certified physician and submit a copy of a signed
contract with an associa ted physician credentialed to handle certain
complications as outlined in Section 8 of this act;
18. Abide by all applicable state and federal law s regarding
medical records retentio n, confidentiality and privacy; and
19. Agree to follow and document com pliance with all other
legally required conditions for performing abortion in the state
where the patient presents for her appointment including, b ut not
limited to, waiting periods, informed consent requirements,
statistical reporting, parental consent or notification and required
inspections.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.8 of Title 63, unless
there is created a duplication in numbering, reads as follows:
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The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall also require the
following of certified physicians:
1. Maintaining hospital admitting pr ivileges at one or more
hospitals in the county or contiguous county whe re the abortion-
inducing drug was provided, and informing the patient of any
hospital where the physician holds admitting privileges ; or
2. Alternatively, the physician may enter into a written
agreement with an associated physician in the county or contiguo us
county where the abortion -inducing drug was provided. The written
agreement shall meet these conditions:
a. a physician who provides an abor tion-inducing drug
shall notify the patient of the location of the
hospital at which the associated physician ha s
admitting privileges,
b. the physician shall keep, at the location of his or
her practice, a copy of the written agreement,
c. the physician shall submit a copy of the written
agreement to their state licensing board and the State
Department of Health as part of any required clinic
licensure,
d. the State Department of Health shall verify the
validity of the document, and shall remove any
personal identifying information of the pat ient from
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the document before releasing the document in
accordance with the following:
(1) the State Department of Health shall annually
submit a copy of the written agreement described
in this paragraph to each hospita l located in the
county or a county t hat is contiguous to the
county where the abortion was performed, and
(2) the State Department of Health shall confirm to a
member of the public, upon request, that the
written agreement required to be submitted under
this section for an abortion clinic ha s been
received by the Department,
e. the agreement shall be renewed annual ly, or more often
as required by the physician’s state licensing board ,
f. the agreement shall include a requirement that the
physician provide to the patient and require the
patient to sign all legally required informed consent
material, and
g. the agreement shall require the adherence to all
reporting requirements from the State Department of
Health and the physician’s licensing board.
SECTION 9. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 1 -757.9 of Title 63, unless
there is created a duplication in numbering, reads as follows:
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A. The State Board of Medical Licensure and Supervision an d the
State Board of Osteopathic Exam iners shall adopt an electronically
based reporting system for certified p hysicians to report annually
the following:
1. The number of patients served;
2. Age of patients served;
3. Race of patients served;
4. County and state of residence of patients served;
5. If the patient resides outside the United States, city and
country of residence;
6. County and state of service;
7. A list of staff attending patients including licensing
numbers and evidence of other qual ifications;
8. Each medication used or provided per patient, by date;
9. Any known complications or adverse e vents, and how they were
addressed, by date; and
10. Unresolved cases.
B. This reporting system shall also be used by emergency
department physicians and private physicians who tre at post-abortion
complications.
C. Physicians shall protect from disclosu re any personally
identifiable information of the patient in accordance with
applicable federal and state law.
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D. A certified physician shall also report to their licensing
board, the State Board of Pharmacy and the Medwatch Reporting System
of the Food and Drug Administration (FDA), any complication or
adverse event as defined according to the FDA criteria given in the
Medwatch Reporting System.
E. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall develop a system of
reporting adverse events from the use of abortion -inducing drugs for
this state. The system shall require reporting of complica tions and
adverse events including, b ut not limited to:
1. Death;
2. Blood loss including hemorrhage;
3. Infection including sepsis;
4. Blood transfusions;
5. Administer drug for an ectopic pregnancy; and
6. Other adverse effects requiring hospitaliz ation or
additional medical care.
F. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall require the following
providers and entities to report complications and adverse events in
writing:
1. Physicians certified to provide abortion -inducing drugs;
2. Emergency room physicians;
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3. Any doctor licensed i n this state including an
obstetrician/gynecologist who treats women with adverse events;
4. Provision of certification requires that the physician shal l
also report adverse events and any patient deaths to the FDA; and
5. Other individuals or entities a s determined by the State
Board of Medical Licensure and Supervision or the State B oard of
Osteopathic Examiners .
SECTION 10. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 1 -757.10 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Individuals or entities not certified under the Oklahoma
Abortion-Inducing Drug Certification Program that provide drugs for
the purpose of inducing abortion are in violation of this act.
B. Individuals or entities that provide abortion -inducing drugs
to any person or entity that is not certified, or otherwise
authorized, to provide abor tion-inducing drugs under the Oklahom a
Abortion-Inducing Drug Certification Program are in violation of
this act.
C. A person who intentionally, knowingly or recklessly vi olates
any provision of this act is guilty of a misdemeanor.
D. A person who intent ionally, knowingly or recklessly viol ates
any provision of this act by fraudulent use of an abortion -inducing
drug, with or without the knowledge of the pregnant woman, is guilty
of a felony.
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E. No civil or criminal penalty may be assessed against the
pregnant woman upon whom the drug -induced abortion is attempted,
induced or performed.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -757.11 of Title 63, unless
there is created a duplicati on in numbering, reads as follows:
A. In addition to whatever remedies are available under the
common or statutory law of this state, failure to comply with the
requirements of this act shall:
1. Provide a basis for a civil malpractice action for actual
and punitive damages;
2. Provide a basis for a professional disciplinary action; and
3. Provide a basis for recovery for the woman ’s survivors for
the wrongful death of t he woman.
B. When requested, the court shall allow a woman to proceed
using solely her initials or a pseudonym and may c lose any
proceedings in the case and enter other protective orders to
preserve the privacy of the woman upon whom the drug -induced
abortion was attempted, induced or performed.
C. If judgment is rendered in favor of th e plaintiff, the court
shall also render judgment for reasonable attorney fees in favor of
the plaintiff against the defendant.
D. If judgment is rendered in favor of the defendant and the
court finds that the plaintiff ’s suit was frivolous and brought in
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bad faith, the court may render judg ment for reasonable attorney
fees in favor of the defendant against the plaintiff.
E. A cause of action for injunctive relief against a person who
has provided an abortion -inducing drug in violation of this act may
be maintained by:
1. A woman to whom su ch an abortion-inducing drug was provided;
2. A person who is the spouse, parent or guardian of, or a
current or former licensed healt h care provider of, a woman to whom
such an abortion-inducing drug was provided; or
3. A prosecuting attorney with appro priate jurisdiction.
The injunction shall prevent the defendant from providing
further abortion-inducing drugs in violation of this act .
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -757.12 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Board of Pharmacy , the State Board of Medical
Licensure and Supervision and the State Board of Osteopathic
Examiners shall develop an enforcement scheme for their licensees to
enforce this act, which includes:
1. When an individual or entity provides abortion -inducing
drugs without first seeking certification under this act, the
appropriate licensing board shall:
a. immediately report the illegal act to lo cal law
enforcement, or other applicable state and local
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agencies for investigation or other appropriate
action, where appropriate, and
b. impose a fine of no less than Five Million Dollars
($5,000,000.00) for manufactu rers or distributors and
Two Hundred Fifty Thousand Dollars ($250,000.00) for
physicians;
2. When a certified manufacturer , distributor or physician is
determined to be in non compliance, suspend certification until
compliance is proven to the satisfaction of their licensing board ;
3. Where a current or previously certified manufacturer or
distributer is found to have intentionally or knowingly violated
this act, or refuses to bring operations into compliance within
ninety (90) calendar days, remove certif ication and prohibit
continued provision of abortion-inducing drugs by the manufacturer
or distributor until compliance is demonstrated to the satisfaction
of their licensing board;
4. When a certified manufacturer, dis tributor or physician is
in noncompliance, suspend all annual recertifica tion until
compliance is demonstrated to the satisfaction of their licensing
board; and
5. Where a current or previously certified manufac turer,
distributor or physician is found to have intentionally or knowingly
violated this act, or refuses to bring op erations into compliance:
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a. immediately suspend the manufacturer ’s, distributor’s
or physician’s certification until full compliance is
demonstrated,
b. for certified manufacturers or distributors, impose
fines of not less than One Million Dollars
($1,000,000.00) per offense, by the State Board of
Pharmacy,
c. for certified physicians, impose fines of not less
than One Hundred Thousand Dolla rs ($100,000.00) per
offense, by the physician’s licensing board,
d. permanently revoke the certification of the offe nder
if offender fails to demonstrate compliance with their
licensing board within ninety (90) calendar days,
e. impose remedial actions, w hich may include additional
education, additional reporting or other actions as
required by the relevant licensing bo ard,
f. in the case of a manufacturer or distributor,
recommend sanctioning to the appropriate disciplinary
committee of the State Board of Pharmacy,
g. in the case of a physician, report the violation to
the appropriate physician licensing board,
h. publicly report any disciplinary actions, consistent
with the practices of the relevant licensing board ,
i. permanently revoke the certification of the offender,
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j. in the case of a licensed manufacturer or distributor,
recommend permanent revocation of licensu re,
k. in the case of a physician, recommend appropriate
sanctioning to the appropriate physician licensing
board, and
l. publicly report any disciplinary actions consistent
with the practices of the relevant licensing board.
B. Individuals have a Private Right of Action to seek
restitution in any court of law with appropriate jurisdiction for
any and all damages suffered due to a violation of this act.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.13 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Board of Pharmacy shal l develop on its website a
complaint portal for patients, pharmacy, nursing and medical
professionals and the public to submit information about potential
violations by nonphysicians at no charge to the parties named in
this subsection.
B. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examine rs shall develop on their
respective websites a complaint portal for patients, pharmacy,
nursing and medical professionals and the public to submit
information about potential violations by physicians at no charge to
the parties named in this subsection.
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C. The portal developed by the State Board of Pharmacy shall
list the names of manufacturers and distributors that are certified
under the program.
D. The portals developed b y the State Board of Medical
Licensure and Supervision and the State Board of Os teopathic
Examiners shall list the nam es of the fully licensed physicians
certified under the program.
E. The portal shall allow the party to make a complaint
anonymously.
F. The State Board of Pharmacy and physician licensing boards
shall review each co mplaint and determine a disposition in cluding
referral to another appropriate state agency, within thirty (30)
days of receipt of a complaint .
G. Confidentiality of the origin ator of the complaint shall be
protected at all times except for intra -state referrals for
investigation or if any disciplinary action is brought by a
licensing board pursuant to this act .
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -757.14 of Title 63, unless
there is created a duplication in numberi ng, reads as follows:
A. Nothing in this act shall be construed as creating or
recognizing a right to abortion.
B. It is not the intenti on of this act to make lawful an
abortion that is otherwise unlawful.
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C. Nothing in this act repeals, replaces or oth erwise
invalidates existing federal or state laws, regulations or policies.
SECTION 15. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 1 -757.15 of Title 63, unles s
there is created a duplication in nu mbering, reads as follows:
The Legislature, by joint resolution, may appoint one or more of
its members, who sponsored or cosponsored this act in his or her
official capacity, to intervene as a matter of right in any c ase in
which the constitutionality of this act is challenged.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.16 of Title 63, unless
there is created a duplication in numbering, reads as follows:
If any one or more provis ions, sections, subsections, sentences,
clauses, phrases or words of this act or the application thereof to
any person or circumstance is found to be unconstitutional, the same
is hereby declared to be severable and th e balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of t he fact that any one or more
provisions, sections, subsections, sentences, clauses, phrases or
words be declared unconstitutional.
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SECTION 17. AMENDATORY 59 O.S. 2011, Section 353.7, as
last amended by Section 4, Chapter 106, O.S.L . 2018 (59 O.S. Supp.
2020, Section 353.7), is amended to read as follows:
Section 353.7. The State Board of Pharmacy shall have the power
and duty to:
1. Regulate the practic e of pharmacy;
2. Regulate the sale and distribution of drugs, medicines,
chemicals and poisons;
3. Regulate the dispensing of drugs and medicines in all places
where drugs and medicines are compounded and/or dispensed;
4. Examine and issue appropriate certificates of licensure as
Doctor of Pharmacy to all applicants whom the Board deems qualified
under the provisions of the Oklahoma Pharmacy Act;
5. Issue licenses to manufacturers, repackagers, outsourcing
facilities, wholesale distributors, third -party logistics providers,
pharmacies, and other dispensers, medical gas suppliers , and medical
gas distributors;
6. Issue sterile compounding and drug supplier permits for
pharmacies at the fee set by the Board, with the expiration date of
such permits to coincide with the pharmacy license annual expiration
date;
7. Prescribe minimum s tandards with respect to floor space and
other physical characteristics of pharmacies and hospital drug rooms
as may be reasonably necessary for the maintenance of professional
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surroundings and for the protection of the safety and welfare of the
public, and to refuse the issuance of new or re newal licenses for
failure to comply with such standards. Minimum standards for
hospital drug rooms shall be consistent with the State Dep artment of
Health, Hospital Standards, as defined in OAC 310:667;
8. Authorize its inspectors, compliance officers , and duly
authorized representatives to enter and inspect any and all places ,
including premises, vehicles, equipment, contents and records, where
drugs, medicines, chemicals , or poisons are stored, sold, vended,
given away, compounded, dispensed, manufactu red, repackaged or
transported;
9. Employ the number of inspectors and pharmacist compliance
officers necessary in the investigation of cr iminal activity or
preparation of administrative actions at an annual salary to be
fixed by the Board, and to authori ze necessary expenses. Any
inspector certified as a peace officer by the Council of Enforcement
Education and Training shall have statewid e jurisdiction to perform
the duties authorized by this section. In addition, t he inspectors
shall be considered pea ce officers and shall have the same powers
and authority as that granted to peace officers. In addition, such
inspectors or pharmacist com pliance officers shall have the
authority to take and copy records and the duty to confiscate all
drugs, medicines, chemicals or poisons found to be stored, sold,
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vended, given away, compounded, dispensed or manufactured contrary
to the provisions of the O klahoma Pharmacy Act;
10. Investigate complaints, subpoena witnesses and record s,
initiate prosecution, and hold hearings;
11. Administer oaths in all manners pertaining to the affairs
of the Board and to take evidence and compel the attendance of
witnesses on questions pertaining to the enforcement of the Oklahoma
Pharmacy Act;
12. Reprimand, place on probation, susp end, revoke permanently
and levy fines not to exceed Three Thousand Dollars ($3,000.00) for
each count for which any person charged with vi olating the Oklahoma
Pharmacy Act or Oklahoma Board of Pharmacy administrative r ules has
been convicted in Board hear ings. The Board also may take other
disciplinary action. The Board may impose as part of any
disciplinary action the payment of costs exp ended by the Board for
any legal fees and costs , including, but not limited to, staff time,
salary and travel expense , witness fees and attorney fees. The
Board may also require additional continuing education , including
attendance at a live continuing ed ucation program, and may require
participation in a rehabilitation program for t he impaired. The
Board may take such actions singly or in combination, as the nature
of the violation requires;
13. Adopt and establish rules of professional conduct
appropriate to the establishment and maintenance of a high standard
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of integrity and dig nity in the profession of pharmacy. Such rules
shall be subject to amendment or repeal by the Board as the need may
arise;
14. Make and publish rules such as may be necessary for
carrying out and enforcing the provisions of the Oklahoma Pharmacy
Act, Oklahoma drug laws and rules, federal dr ug laws and
regulations, and make such other rules as in its discretion may be
necessary to protect the health, safety , and welfare of the public;
15. Establish and collect appropriate fees for licenses,
permits, inspections, and services provided; and su ch fees shall be
nonrefundable. Such fees shall be promulgated to implement the
provisions of the Oklahoma Pharmacy Act and the Oklahoma Abortion -
Inducing Drug Certification Program Act under the provisions of the
Administrative Procedures Act ;
16. Regulate:
a. personnel working in a pharmacy, such as interns and
supportive personnel , including technicians, and issue
pharmacy technician per mits and intern licenses,
b. interns, preceptors and training areas through whic h
the training of applicants occurs f or licensure as a
pharmacist, and
c. such persons regarding all aspects relating to the
handling of drugs, medicines, chemicals , and poisons;
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17. Acquire by purchase, lease, gift, solicitation of gift or
by any other manner, and to maintain, use and opera te or to contract
for the maintenance, use and operation of or lease of any and all
property of any kind, real, personal or mixed or any in terest
therein unless otherwise provided by the Oklahoma Pharmacy Act;
provided, all contracts for real property shal l be subject to the
provisions of Section 63 of Title 74 of the Oklahoma Statutes;
18. Perform other such duties, exercise other such powe rs and
employ such personnel as the provisions and enforcement of the
Oklahoma Pharmacy Act may require; and
19. Approve pilot projects designed to utilize new or expanded
technology or processes and provide patients with better pharmacy
products or provide pharmacy services in a more safe and efficient
manner. Such approvals may in clude provisions granting exemptions
to any rule adopted by the Board.
SECTION 18. AMENDATORY 59 O.S. 2011, Section 643, is
amended to read as follows:
Section 643. The funds received pursuant to the Oklahom a
Osteopathic Medicine Act or the Oklahoma Abortion-Inducing Drug
Certification Program Act shall be deposited to the credit of the
State Board of Osteopathic Examiners Revolving Fund and may be
expended by the State Board of Osteopathic Examiners and und er its
direction in assisti ng in the enforcement of the laws of this state
prohibiting the unlawful practice of osteopathic medicine, assisting
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in the support of a peer assistance program, and for the
dissemination of information to prevent the violation o f such laws,
and for the purchasing of supplies and such othe r expense as is
necessary to properly carry out the provisions of the Oklahoma
Osteopathic Medicine Act or the Oklahoma Abortion-Inducing Drug
Certification Program Act .
SECTION 19. AMENDATORY 59 O .S. 2011, Section 644, as
amended by Section 266, Chapter 304, O.S.L. 2012 (59 O.S. Supp.
2020, Section 644), is amended to read as follows:
Section 644. There is hereby created in the State Treasury a
revolving fund for the State Board of Osteopathic Exa miners, to be
designated the “State Board of Osteopathic Examiner ’s Revolving
Fund”. The fund shall be a continu ing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Board pursuant to the provisions of the Oklah oma Osteopathic
Medicine Act or the Oklahoma Abortion-Inducing Drug Certification
Program Act. All monies accrui ng to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Board
for the purpose of enforcing the laws of th is state which prohibit
the unlawful practice of osteopathic medicine, for the dissemination
of information to pr event the violation of such laws , and for the
purchase of supplies and such other expense as is necessary to
properly implement the provisions of the Oklahoma Osteopathic
Medicine Act or the Oklahoma Abortion-Inducing Drug Certification
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Program Act. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims signed by a n
authorized employee or employees o f the State Board of Osteopathic
Examiners and filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 20. This act shall become effective November 1, 2021.
58-1-2131 DC 5/14/2021 12:53:13 PM