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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2512 By: Pittman
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38	38	AS INTRODUCED
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40	40	An Act relating to public health and safety; defining
41	41	terms; providing screening for chronic kidney disease
42	42	for certain individuals; providing for exceptions;
43	43	creating rules for health care pro viders if diagnoses
44	44	is positive; providing for codification; and
45	45	providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. NEW LAW A new section of law to be codified
52	52	in the Oklahoma Statu tes as Section 1-2603.10 of Title 63, unless
53	53	there is created a duplication in numbering, reads as follows:
54	54	The following words and phrases , when used in this section,
55	55	shall have the meanings unle ss the context clearly indicates
56	56	otherwise:
57	57	1. "Chronic kidney disease" means an estimated glomerular
58	58	filtration rate (eGFR)<60 ml/min/1.73m2 and/or markers of kidney
59	59	damage for at least three months ;
60	60	2. "Department" means the Oklahoma State Department of Health;
61	61	3. "Health care facility " means any nonfederal institution,
62	62	building, or agency or portion thereof, whether public or private or
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89	89	for profit or nonprofit, that is used, operated, or designed to
90	90	provide health services, medical treatment, or nursi ng,
91	91	rehabilitative, or preventive care to any person or perso ns. This
92	92	includes, but is not limited to: ambulatory surgical facilities,
93	93	hospitals, infirmaries, intermediat e care facilities, kidney
94	94	dialysis centers, long -term care facilities, mental health centers,
95	95	outpatient facilities, public health centers, rehabi litation
96	96	facilities, residential treatments facilities, skilled nursing
97	97	facilities, special care facilities, m edical laboratories, and adult
98	98	day-care centers. This also includes, but is not limi ted to, the
99	99	following related property when used for or in co nnection with the
100	100	foregoing: laboratories; research facilities; pharmacies; laundry
101	101	facilities; health personne l training and lodging facilities;
102	102	patient, guest, and health personnel food service facilities; and
103	103	offices and office buildings for persons eng aged in health care
104	104	professions or service s;
105	105	4. "Health care practitioner" means a physician, nurse
106	106	practitioner, or physician assistant who has prescriptive authority
107	107	and is licensed to practice in the State of Oklahoma ;
108	108	5. "Health care provider" means any person or entity who
109	109	provides health care services incl uding, but not limited to,
110	110	physicians, pharmacists, dentists, physician assistants, nurse
111	111	practitioners, registered and other nurses, pa ramedics, emergency
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138	138	medical or laboratory technicians, and am bulance and emergency
139	139	medical workers;
140	140	6. "Hospital" means any institution, place, building or agency,
141	141	public or private, whether organized for profit or not, primarily
142	142	engaged in the maintenanc e and operation of facilities for the
143	143	diagnosis, treatment or care of patients admitted for overnight stay
144	144	or longer in order to obtai n medical care, surgical care,
145	145	obstetrical care, or nursing care for illness, disease, injury,
146	146	infirmity, or deformity ;
147	147	7. "Physician" means a physician licensed by and in good
148	148	standing with the State Board of Medical Licensure and Supervision,
149	149	the State Board of Osteopathic Examiners or the Board of Podiatr ic
150	150	Medical Examiners; and
151	151	8. "Screening test for chronic kidney dis ease" means any
152	152	laboratory test that dete cts glomerular filtration rate estimated
153	153	from the serum creatinine concentration (eGFR) using the C KD-EPI
154	154	(CKD Epidemiology Collaboration) equation and albuminuria from the
155	155	urinary albumin-creatinine ratio.
156	156	SECTION 2. NEW LAW A new section of law to be codified
157	157	in the Oklahoma Statutes as Section 1-2603.11 of Title 63, unless
158	158	there is created a duplication in numbering, reads as follows:
159	159	A. Each individual who, in the reasonable judgment of a
160	160	treating health care practitioner, is at risk for chronic ki dney
161	161	disease, including individuals with diab etes, hypertension,
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188	188	cardiovascular disease, acute kidney injury, family history of
189	189	kidney disease or who are older than sixty (60) years of age, who
190	190	receives health services as an inpatient in a hospital or who
191	191	receives primary care services in an outpatient department of a
192	192	hospital, health care fa cility or physician's office, shall be
193	193	offered a screening test for chronic kidney disease unless the
194	194	health care practitioner reasonably believes at least one of the
195	195	following:
196	196	1. The individual is being treat ed for a life-threatening
197	197	emergency;
198	198	2. The individual has previously been offered or has been the
199	199	subject of a screening test for chronic kidney disea se within the
200	200	past year; or
201	201	3. The individual lacks capacity to consent to a screening test
202	202	for chronic kidney disease .
203	203	B. If an individual accepts the offer of a screening test for
204	204	chronic kidney disease and is diagnosed with chronic kidney disease,
205	205	the health care provider shall:
206	206	1. Either offer the individual follow-up health care or refer
207	207	the individual to a health care provider who can provi de follow-up
208	208	health care for individuals diagn osed with chronic kidney disease;
209	209	and
210	210	2. Provide the individual with information about chronic kidney
211	211	disease, either verbal ly or in writing or by any other means at the
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238	238	discretion of the health care provider, including without limitation
239	239	information about the availability of genetic testing for the
240	240	apolipoprotein L1 gene risk variant, and the meaning of the results
241	241	of such test for individuals diagnosed with chronic kidney disease.
242	242	3. The offering of chronic kidney disease screening test s under
243	243	these sections shall be culturally and linguistically appropriate in
244	244	accordance with regulations promulgated by the Department.
245	245	4. This section shall not affect the scope of practice of any
246	246	health care practitioner or diminish any authority or legal or
247	247	professional obligation of any health care practitioner to offer a
248	248	screening test for chronic kidney disease or to provide services or
249	249	care for the subject of such a screening test.
250	250	5. A health care provider or health care prac titioner that
251	251	fails to comply with the requi rements of this section shall not be
252	252	subject to any discipl inary actions related to their licensure or
253	253	certification, or to any civil or criminal liability .
254	254	SECTION 3. This act shall become effective November 1, 2023.
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256	256	59-1-7041 TJ 12/19/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2512 Compare Versions