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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2512 By: Pittman
AS INTRODUCED
An Act relating to public health and safety; defining
terms; providing screening for chronic kidney disease
for certain individuals; providing for exceptions;
creating rules for health care pro viders if diagnoses
is positive; 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 section of law to be codified
in the Oklahoma Statu tes as Section 1-2603.10 of Title 63, unless
there is created a duplication in numbering, reads as follows:
The following words and phrases , when used in this section,
shall have the meanings unle ss the context clearly indicates
otherwise:
1. "Chronic kidney disease" means an estimated glomerular
filtration rate (eGFR)<60 ml/min/1.73m2 and/or markers of kidney
damage for at least three months ;
2. "Department" means the Oklahoma State Department of Health;
3. "Health care facility " means any nonfederal institution,
building, or agency or portion thereof, whether public or private or
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for profit or nonprofit, that is used, operated, or designed to
provide health services, medical treatment, or nursi ng,
rehabilitative, or preventive care to any person or perso ns. This
includes, but is not limited to: ambulatory surgical facilities,
hospitals, infirmaries, intermediat e care facilities, kidney
dialysis centers, long -term care facilities, mental health centers,
outpatient facilities, public health centers, rehabi litation
facilities, residential treatments facilities, skilled nursing
facilities, special care facilities, m edical laboratories, and adult
day-care centers. This also includes, but is not limi ted to, the
following related property when used for or in co nnection with the
foregoing: laboratories; research facilities; pharmacies; laundry
facilities; health personne l training and lodging facilities;
patient, guest, and health personnel food service facilities; and
offices and office buildings for persons eng aged in health care
professions or service s;
4. "Health care practitioner" means a physician, nurse
practitioner, or physician assistant who has prescriptive authority
and is licensed to practice in the State of Oklahoma ;
5. "Health care provider" means any person or entity who
provides health care services incl uding, but not limited to,
physicians, pharmacists, dentists, physician assistants, nurse
practitioners, registered and other nurses, pa ramedics, emergency
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medical or laboratory technicians, and am bulance and emergency
medical workers;
6. "Hospital" means any institution, place, building or agency,
public or private, whether organized for profit or not, primarily
engaged in the maintenanc e and operation of facilities for the
diagnosis, treatment or care of patients admitted for overnight stay
or longer in order to obtai n medical care, surgical care,
obstetrical care, or nursing care for illness, disease, injury,
infirmity, or deformity ;
7. "Physician" means a physician licensed by and in good
standing with the State Board of Medical Licensure and Supervision,
the State Board of Osteopathic Examiners or the Board of Podiatr ic
Medical Examiners; and
8. "Screening test for chronic kidney dis ease" means any
laboratory test that dete cts glomerular filtration rate estimated
from the serum creatinine concentration (eGFR) using the C KD-EPI
(CKD Epidemiology Collaboration) equation and albuminuria from the
urinary albumin-creatinine ratio.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2603.11 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Each individual who, in the reasonable judgment of a
treating health care practitioner, is at risk for chronic ki dney
disease, including individuals with diab etes, hypertension,
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cardiovascular disease, acute kidney injury, family history of
kidney disease or who are older than sixty (60) years of age, who
receives health services as an inpatient in a hospital or who
receives primary care services in an outpatient department of a
hospital, health care fa cility or physician's office, shall be
offered a screening test for chronic kidney disease unless the
health care practitioner reasonably believes at least one of the
following:
1. The individual is being treat ed for a life-threatening
emergency;
2. The individual has previously been offered or has been the
subject of a screening test for chronic kidney disea se within the
past year; or
3. The individual lacks capacity to consent to a screening test
for chronic kidney disease .
B. If an individual accepts the offer of a screening test for
chronic kidney disease and is diagnosed with chronic kidney disease,
the health care provider shall:
1. Either offer the individual follow-up health care or refer
the individual to a health care provider who can provi de follow-up
health care for individuals diagn osed with chronic kidney disease;
and
2. Provide the individual with information about chronic kidney
disease, either verbal ly or in writing or by any other means at the
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discretion of the health care provider, including without limitation
information about the availability of genetic testing for the
apolipoprotein L1 gene risk variant, and the meaning of the results
of such test for individuals diagnosed with chronic kidney disease.
3. The offering of chronic kidney disease screening test s under
these sections shall be culturally and linguistically appropriate in
accordance with regulations promulgated by the Department.
4. This section shall not affect the scope of practice of any
health care practitioner or diminish any authority or legal or
professional obligation of any health care practitioner to offer a
screening test for chronic kidney disease or to provide services or
care for the subject of such a screening test.
5. A health care provider or health care prac titioner that
fails to comply with the requi rements of this section shall not be
subject to any discipl inary actions related to their licensure or
certification, or to any civil or criminal liability .
SECTION 3. This act shall become effective November 1, 2023.
59-1-7041 TJ 12/19/22