| 50 | 37 | | |
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| 51 | 38 | | |
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| 52 | 39 | | |
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| 53 | 40 | | [ nursing - prescriptive authority – application - |
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| 54 | 41 | | supervision - controlled dangerous substances - |
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| 55 | 42 | | supervision requirement – codification - effective |
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| 56 | 43 | | date ] |
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| 57 | 44 | | |
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| 58 | 45 | | |
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| 59 | 46 | | |
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| 60 | 47 | | |
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| 61 | 48 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 62 | 49 | | SECTION 1. NEW LAW A new section of law to be codified |
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| 63 | 50 | | in the Oklahoma Statutes as Sect ion 567.4c of Title 59, unless there |
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| 64 | 51 | | is created a duplication in numbering, reads as follows: |
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| 65 | 52 | | A. 1. An Advanced Practice Registered Nurse recognized by the |
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| 66 | 53 | | Oklahoma Board of Nursing as a Certified Nurse Practitioner , |
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| 94 | 54 | | Clinical Nurse Specialist , or Certified Nurse-Midwife who has |
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| 95 | 55 | | completed a minimum of six thousand two hundred forty (6,240) hours |
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| 96 | 56 | | of practice with prescriptive authority supervised by a physician or |
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| 97 | 57 | | a supervising Advanced Practice Registered Nurse may apply to the |
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| 98 | 58 | | Oklahoma Board of Nursing for authority to prescribe and order |
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| 99 | 59 | | independent of supervision. This paragraph shall not be construed |
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| 100 | 60 | | to exclude practice hours with supervised prescriptive authority |
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| 101 | 87 | | obtained prior to the eff ective date of this act from being counted |
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| 102 | 88 | | toward the two-thousand-hour requirement of this paragraph. |
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| 103 | 89 | | 2. The application for independent prescriptive authority shall |
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| 104 | 90 | | include proof that the Certified Nurse Practitioner , Clinical Nurse |
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| 105 | 91 | | Specialist, or Certified Nurse -Midwife: |
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| 106 | 92 | | a. holds a valid, current license in the appropriate |
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| 107 | 93 | | Advanced Practice Registered Nurse role issued by the |
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| 108 | 94 | | Board and is in good standing with the Board, and |
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| 109 | 95 | | b. has completed a minimum of two thousand (2,000) hours |
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| 110 | 96 | | of practice with prescriptive authority supervised by |
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| 111 | 97 | | a physician or supervising Advanced Practice |
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| 112 | 98 | | Registered Nurse. |
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| 113 | 99 | | 3. Independent prescriptive authority granted under this |
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| 114 | 100 | | subsection shall be valid until the expiration of the cu rrent |
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| 115 | 101 | | license to practice and may be r enewed upon application to the Board |
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| 116 | 102 | | at the same time and for the same period as the renewal of the |
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| 117 | 103 | | license to practice. |
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| 151 | 136 | | 2. Notwithstanding paragraph 1 of this subsection, an Advanced |
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| 152 | 137 | | Practice Registered Nurse who has been licensed and in practice for |
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| 153 | 138 | | a minimum of five (5) years as of the effective date of this act |
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| 154 | 139 | | without a lapse of work , upon obtainment of independent prescri ptive |
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| 155 | 140 | | authority under subsection A of this section , may serve as a |
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| 156 | 141 | | supervising Advanced Practice Registered Nurse. |
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| 157 | 142 | | 3. The Board may at its discretion prescribe by rule additional |
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| 158 | 143 | | qualifications for supervising Advanced Practice Registered Nurses |
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| 159 | 144 | | including, but not limited to, qualifications pertaining to the |
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| 160 | 145 | | Advanced Practice Registered Nurse role or specialty. |
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| 161 | 146 | | C. The Board shall review any application submitted under this |
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| 162 | 147 | | section and shall approve or deny the application, stating the |
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| 163 | 148 | | reason or reasons for denial, if denied. If denied, the applicant |
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| 164 | 149 | | may reapply using the process prescribed b y subsection A of this |
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| 165 | 150 | | section. |
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| 166 | 151 | | D. The Board may suspend or revoke independent prescriptive |
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| 167 | 152 | | authority granted under this section for good cause at any time. |
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| 195 | 153 | | E. The Board may establish a fee for the review of initial and |
|---|
| 196 | 154 | | renewal applications under the pro visions of this section. |
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| 197 | 155 | | SECTION 2. NEW LAW A new section of law to be codified |
|---|
| 198 | 156 | | in the Oklahoma Statutes as Section 355.5 of Title 59, unless there |
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| 199 | 157 | | is created a duplication in numbering, reads as follows: |
|---|
| 200 | 158 | | A. A licensed practitioner, or the em ployer of the licensed |
|---|
| 201 | 159 | | practitioner on his or her behalf, shall carry malpra ctice insurance |
|---|
| 202 | 186 | | or demonstrate proof of financial responsibility in a minimum amount |
|---|
| 203 | 187 | | of One Million Dollars ($1,000,000.00) per o ccurrence and Three |
|---|
| 204 | 188 | | Million Dollars ($3,000,000.00) in the aggregate per year. |
|---|
| 205 | 189 | | B. A licensed practitioner who is employed by o r under contract |
|---|
| 206 | 190 | | with a federal agency that carries malpractice insurance in any |
|---|
| 207 | 191 | | amount on behalf of the licensed practitioner sh all be deemed in |
|---|
| 208 | 192 | | compliance with subsection A of th is section when practicing under |
|---|
| 209 | 193 | | such federal employment or contract. Howev er, to the extent the |
|---|
| 210 | 194 | | licensed practitioner practices outside of such federal employment |
|---|
| 211 | 195 | | or contract, the licensed practitioner, or the employer of the |
|---|
| 212 | 196 | | licensed practitioner, shall comply with subsection A of this |
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| 213 | 197 | | section. |
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| 214 | 198 | | SECTION 3. AMENDATORY 59 O.S. 2021, Section 353.1, as |
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| 215 | 199 | | amended by Section 6, Chap ter 288, O.S.L. 2022 (59 O.S. Supp. 2022, |
|---|
| 216 | 200 | | Section 353.1), is amended to r ead as follows: |
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| 217 | 201 | | Section 353.1. For the purposes of the Oklahoma Pharmacy Act: |
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| 245 | 202 | | 1. “Accredited program” means those seminars, classes, |
|---|
| 246 | 203 | | meetings, work projects, and other educational courses approved by |
|---|
| 247 | 204 | | the Board State Board of Pharmacy for purposes of continuing |
|---|
| 248 | 205 | | professional education; |
|---|
| 249 | 206 | | 2. “Act” means the Oklahoma Pharmacy Act; |
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| 250 | 207 | | 3. “Administer” means the direct applicati on of a drug, whether |
|---|
| 251 | 208 | | by injection, inhalation, ingestion or any other means, to the body |
|---|
| 252 | 209 | | of a patient; |
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| 253 | 236 | | 4. “Assistant pharmacist” means any person presently licen sed |
|---|
| 254 | 237 | | as an assistant pharmacist in the State of Oklahom a this state by |
|---|
| 255 | 238 | | the Board pursuant to S ection 353.10 of this title and for the |
|---|
| 256 | 239 | | purposes of the Oklahoma Pharmacy Act shal l be considered the same |
|---|
| 257 | 240 | | as a pharmacist, except where otherwise specified; |
|---|
| 258 | 241 | | 5. “Board” or “State Board” means the State Board of Pharmacy; |
|---|
| 259 | 242 | | 6. “Certify” or “certification of a prescription” means the |
|---|
| 260 | 243 | | review of a filled prescription by a licensed pharmac ist or a |
|---|
| 261 | 244 | | licensed practitioner with dispensing authority to confirm that the |
|---|
| 262 | 245 | | medication, labeling and packaging of the filled prescription are |
|---|
| 263 | 246 | | accurate and meet all requirement s prescribed by state and feder al |
|---|
| 264 | 247 | | law. For the purposes of this paragraph, “licensed practitioner” |
|---|
| 265 | 248 | | shall not include optometrists with dispensing authority; |
|---|
| 266 | 249 | | 7. “Chemical” means any medicinal substance, whether simple or |
|---|
| 267 | 250 | | compound or obtained through the p rocess of the science and art o f |
|---|
| 268 | 251 | | chemistry, whether of organic or inorganic ori gin; |
|---|
| 296 | 252 | | 8. “Compounding” means the combining, admixing, mixing, |
|---|
| 297 | 253 | | diluting, pooling, reconstitutin g or otherwise altering of a drug or |
|---|
| 298 | 254 | | bulk drug substance to create a drug. Compounding includes the |
|---|
| 299 | 255 | | preparation of drugs or devices in anticipation of prescript ion drug |
|---|
| 300 | 256 | | orders based on routine, regularly observed prescribing patterns; |
|---|
| 301 | 257 | | 9. “Continuing professional education” means professional, |
|---|
| 302 | 258 | | pharmaceutical education in the general are as of the socioeconomic |
|---|
| 303 | 259 | | and legal aspects of health care; the properties and actions of |
|---|
| 304 | 286 | | drugs and dosage forms; and the etiology, characteristics and |
|---|
| 305 | 287 | | therapeutics of the dis eased state; |
|---|
| 306 | 288 | | 10. “Dangerous drug”, “legend drug”, “prescription drug” or “Rx |
|---|
| 307 | 289 | | Only” means a drug: |
|---|
| 308 | 290 | | a. for human use subject to 21 U.S.C. 353(b)(1), or |
|---|
| 309 | 291 | | b. is labeled “Prescription Only”, or labeled with the |
|---|
| 310 | 292 | | following statement: “Caution: Federal law restricts |
|---|
| 311 | 293 | | this drug except for to use by or on the order of a |
|---|
| 312 | 294 | | licensed veterinarian.”; |
|---|
| 313 | 295 | | 11. “Director” means the Executive Director of the State Board |
|---|
| 314 | 296 | | of Pharmacy unless context clearly indicates otherwise; |
|---|
| 315 | 297 | | 12. “Dispense” or “dispensing” means the interpretation, |
|---|
| 316 | 298 | | evaluation, and implementation of a prescription d rug order |
|---|
| 317 | 299 | | including the preparati on and delivery of a drug or de vice to a |
|---|
| 318 | 300 | | patient or a patient’s agent in a suitable container appropria tely |
|---|
| 319 | 301 | | labeled for subsequent administration to, or use by, a patient . |
|---|
| 347 | 302 | | Dispense includes sell, distribute, leave with, gi ve away, dispose |
|---|
| 348 | 303 | | of, deliver or supply; |
|---|
| 349 | 304 | | 13. “Dispenser” means a retail pharmacy, hospital pharmacy, a |
|---|
| 350 | 305 | | group of chain pharmacies under c ommon ownership and control that do |
|---|
| 351 | 306 | | not act as a wholesale distribu tor, or any other person authorized |
|---|
| 352 | 307 | | by law to dispense or administer prescription drug s, and the |
|---|
| 353 | 308 | | affiliated warehouse s or distributions of such entities under common |
|---|
| 354 | 309 | | ownership and control t hat do not act as a wholesale distributor. |
|---|
| 355 | 336 | | For the purposes of this paragraph, “dispenser” dispenser does not |
|---|
| 356 | 337 | | mean a person who dispenses only products to be used in animals in |
|---|
| 357 | 338 | | accordance with 21 U.S.C. 360b(a)(5); |
|---|
| 358 | 339 | | 14. “Distribute” or “distribution” means the sale, purchase, |
|---|
| 359 | 340 | | trade, delivery, handling, storage, or receipt of a product, and |
|---|
| 360 | 341 | | does not include the d ispensing of a product pursuant to a |
|---|
| 361 | 342 | | prescription executed in accordance with 21 U.S. C. 353(b)(1) or the |
|---|
| 362 | 343 | | dispensing of a product approved under 21 U.S.C. 360 b(b); provided, |
|---|
| 363 | 344 | | taking actual physical possession of a product or title shall not be |
|---|
| 364 | 345 | | required; |
|---|
| 365 | 346 | | 15. “Doctor of Pharmacy” means a person licensed by the Board |
|---|
| 366 | 347 | | to engage in the practice of pharmacy. The terms “pharmacist”, |
|---|
| 367 | 348 | | “D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and shall |
|---|
| 368 | 349 | | have the same meaning wherever they appear in the Oklahoma Statu tes |
|---|
| 369 | 350 | | and the rules promulgated by the Board; |
|---|
| 397 | 351 | | 16. “Drug outlet” means all manufacturer s, repackagers, |
|---|
| 398 | 352 | | outsourcing facilities, wholesale distributors, third-party |
|---|
| 399 | 353 | | logistics providers, pharmacies, and all other facilities which are |
|---|
| 400 | 354 | | engaged in dispensing, deli very, distribution or storage of |
|---|
| 401 | 355 | | dangerous drugs; |
|---|
| 402 | 356 | | 17. “Drugs” means all medicinal su bstances and preparations |
|---|
| 403 | 357 | | recognized by the United States Pharmacopoeia Pharmacopeia and |
|---|
| 404 | 358 | | National Formulary, or any revision thereof, and all substances and |
|---|
| 405 | 359 | | preparations intended for external and/or internal us e in the cure, |
|---|
| 406 | 386 | | diagnosis, mitigation, treatment or preventi on of disease in humans |
|---|
| 407 | 387 | | or animals and all substances and preparations, other than food, |
|---|
| 408 | 388 | | intended to affect the structure or any function of the body of a |
|---|
| 409 | 389 | | human or animals; |
|---|
| 410 | 390 | | 18. “Drug sample” means a unit of a prescription dr ug packaged |
|---|
| 411 | 391 | | under the authority and responsibility of the manufacturer that is |
|---|
| 412 | 392 | | not intended to be sold and is intended to promote the sale of the |
|---|
| 413 | 393 | | drug; |
|---|
| 414 | 394 | | 19. “Durable medical equipment” has the same meaning as |
|---|
| 415 | 395 | | provided by Section 2 of this act Section 375.2 of this title ; |
|---|
| 416 | 396 | | 20. “Filled prescription” means a packaged prescription |
|---|
| 417 | 397 | | medication to which a label has been affixed which contain s such |
|---|
| 418 | 398 | | information as is required by the Oklahoma Pharmacy Act; |
|---|
| 446 | 399 | | 21. “Hospital” means any institution licensed as a hospital by |
|---|
| 447 | 400 | | this state for the care a nd treatment of patients, or a pharmacy |
|---|
| 448 | 401 | | operated by the Oklahoma Department of Vet erans Affairs; |
|---|
| 449 | 402 | | 22. “Licensed practitioner” means: |
|---|
| 450 | 403 | | a. an allopathic physician, |
|---|
| 451 | 404 | | b. an osteopathic physician, |
|---|
| 452 | 405 | | c. a podiatric physician, |
|---|
| 453 | 406 | | d. a dentist, |
|---|
| 454 | 407 | | e. a veterinarian or, |
|---|
| 455 | 408 | | f. an optometrist, or |
|---|
| 456 | 435 | | g. a Certified Nurse Practitioner, Clinical Nurse |
|---|
| 457 | 436 | | Specialist, or Certified Nurse -Midwife who has |
|---|
| 458 | 437 | | obtained independent prescriptive authority under |
|---|
| 459 | 438 | | Section 1 of this act, |
|---|
| 460 | 439 | | licensed to practice and authorized to prescribe dangerous drugs |
|---|
| 461 | 440 | | within the scope of practice of such p ractitioner; |
|---|
| 462 | 441 | | 23. “Manufacturer” or “virtual manufacturer” means with respect |
|---|
| 463 | 442 | | to a product: |
|---|
| 464 | 443 | | a. a person that holds an application approved under 21 |
|---|
| 465 | 444 | | U.S.C. 355 or a license issued under 42 U.S.C. 262 for |
|---|
| 466 | 445 | | such product, or if such product is not the subject of |
|---|
| 467 | 446 | | an approved application or license, the person who |
|---|
| 468 | 447 | | manufactured the pro duct, |
|---|
| 496 | 448 | | b. a co-licensed partner of the person described in |
|---|
| 497 | 449 | | subparagraph a of this paragraph that obtains the |
|---|
| 498 | 450 | | product directly from a person described in this |
|---|
| 499 | 451 | | subparagraph or subparagraph a of this paragraph, |
|---|
| 500 | 452 | | c. an affiliate of a person described in subpara graph a |
|---|
| 501 | 453 | | or b of this paragraph who receives the product |
|---|
| 502 | 454 | | directly from a person described in this s ubparagraph |
|---|
| 503 | 455 | | or in subparagraph a or b of this paragraph, or |
|---|
| 504 | 456 | | d. a person who contracts with another to manufacture a |
|---|
| 505 | 457 | | product; |
|---|
| 506 | 484 | | 24. “Manufacturing” means the production, preparation, |
|---|
| 507 | 485 | | propagation, compounding, conversion or processing of a device or a |
|---|
| 508 | 486 | | drug, either directly or indirectly by extraction from substances of |
|---|
| 509 | 487 | | natural origin or independently by means of chemic al or biological |
|---|
| 510 | 488 | | synthesis and includes any packaging or repackaging of the |
|---|
| 511 | 489 | | substances or labeling or relabeling of its container, and the |
|---|
| 512 | 490 | | promotion and marketing of such drug s or devices. The term |
|---|
| 513 | 491 | | “manufacturing” manufacturing also includes the preparation and |
|---|
| 514 | 492 | | promotion of commercially available products from bulk compounds for |
|---|
| 515 | 493 | | resale by licensed pharmacies, licensed practitioners or other |
|---|
| 516 | 494 | | persons; |
|---|
| 517 | 495 | | 25. “Medical gas” means those gases including those in liquid |
|---|
| 518 | 496 | | state upon which the manufacturer or distributor has placed one of |
|---|
| 519 | 497 | | several cautions, such as “Rx Only”, in compliance with federal law; |
|---|
| 547 | 498 | | 26. “Medical gas order” means an order for medical g as issued |
|---|
| 548 | 499 | | by a licensed prescriber; |
|---|
| 549 | 500 | | 27. “Medical gas distributor” means a person licensed to |
|---|
| 550 | 501 | | distribute, transfer, wholesale, deliver or se ll medical gases on |
|---|
| 551 | 502 | | drug orders to suppliers or other entities licensed to use, |
|---|
| 552 | 503 | | administer or distribute medical gas and may also include a patient |
|---|
| 553 | 504 | | or ultimate user; |
|---|
| 554 | 505 | | 28. “Medical gas supplier” means a person who di spenses medical |
|---|
| 555 | 506 | | gases on drug orders only to a patient or ultimate user; |
|---|
| 556 | 533 | | 29. “Medicine” means any drug or combination of drugs which has |
|---|
| 557 | 534 | | the property of curing, preventing, treating, diagnosing or |
|---|
| 558 | 535 | | mitigating diseases, or which is used for that purpose; |
|---|
| 559 | 536 | | 30. “Nonprescription drugs ” means medicines or drugs which are |
|---|
| 560 | 537 | | sold without a prescription and which are prepackaged for use by the |
|---|
| 561 | 538 | | consumer and labeled in ac cordance with the requirements of the |
|---|
| 562 | 539 | | statutes and regulations of this state and the federal gov ernment. |
|---|
| 563 | 540 | | Such items shall also include medi cal and dental supplies and |
|---|
| 564 | 541 | | bottled or nonbulk chemicals which are sold or offered for sale to |
|---|
| 565 | 542 | | the general public if such articles or preparations meet the |
|---|
| 566 | 543 | | requirements of the Federal Food, Drug, and Cosmetic Act, 21 |
|---|
| 567 | 544 | | U.S.C.A., Section 321 et seq.; |
|---|
| 568 | 545 | | 31. “Outsourcing facility” including “virtual outsourcing |
|---|
| 569 | 546 | | facility” means a facility at one geographic location or address |
|---|
| 570 | 547 | | that: |
|---|
| 598 | 548 | | a. is engaged in the compounding of steril e drugs, |
|---|
| 599 | 549 | | b. has elected to register as an outsourcing facility, |
|---|
| 600 | 550 | | and |
|---|
| 601 | 551 | | c. complies with all requ irements of 21 U.S.C. 353b; |
|---|
| 602 | 552 | | 32. “Package” means the smallest individual saleable unit of |
|---|
| 603 | 553 | | product for distribution by a manufacturer or repackager that is |
|---|
| 604 | 554 | | intended by the manufacturer for ultimate s ale to the dispenser of |
|---|
| 605 | 555 | | such product. For the purposes of this paragraph, “individual |
|---|
| 606 | 556 | | saleable unit” means the smallest container of a product introduced |
|---|
| 607 | 583 | | into commerce by the manufacturer or repackager that is intended by |
|---|
| 608 | 584 | | the manufacturer or repackager fo r individual sale to a dispenser; |
|---|
| 609 | 585 | | 33. “Person” means an individual, partnership, limited |
|---|
| 610 | 586 | | liability company, corporation or association, unless the context |
|---|
| 611 | 587 | | otherwise requires; |
|---|
| 612 | 588 | | 34. “Pharmacist-in-charge” or “PIC” means the pharmacist |
|---|
| 613 | 589 | | licensed in this state responsible for the management control of a |
|---|
| 614 | 590 | | pharmacy and all other aspects of the practice of pharmacy in a |
|---|
| 615 | 591 | | licensed pharmacy as defined by Section 353.18 of this title; |
|---|
| 616 | 592 | | 35. “Pharmacy” means a place regularly licensed by the State |
|---|
| 617 | 593 | | Board of Pharmacy in which prescriptions, drug s, medicines, |
|---|
| 618 | 594 | | chemicals and poisons are compounded or dispensed or such place |
|---|
| 619 | 595 | | where pharmacists practice the profession of pharmacy, or a pharmacy |
|---|
| 620 | 596 | | operated by the Oklahoma Department of Veterans Affairs; |
|---|
| 648 | 597 | | 36. “Pharmacy technician”, “technician”, “Rx tech”, or “tech” |
|---|
| 649 | 598 | | means a person issued a Technician permit by the State Board of |
|---|
| 650 | 599 | | Pharmacy to assist the pharmacist and perform nonjudgmental, |
|---|
| 651 | 600 | | technical, manipulative, non-discretionary functions in the |
|---|
| 652 | 601 | | prescription department under the immediate and direct super vision |
|---|
| 653 | 602 | | of a pharmacist; |
|---|
| 654 | 603 | | 37. “Poison” means any substance which when introduced into the |
|---|
| 655 | 604 | | body, either directly or by absorption, produces violent, morbid or |
|---|
| 656 | 605 | | fatal changes, or which destroys living tissue with which such |
|---|
| 657 | 606 | | substance comes into contact; |
|---|
| 658 | 633 | | 38. “Practice of pharmacy” means: |
|---|
| 659 | 634 | | a. the interpretation and evaluation of prescription |
|---|
| 660 | 635 | | orders, |
|---|
| 661 | 636 | | b. the compounding, dispensing, administering and |
|---|
| 662 | 637 | | labeling of drugs and devices, except labeling by a |
|---|
| 663 | 638 | | manufacturer, repackager or distributor of |
|---|
| 664 | 639 | | nonprescription drugs and commercially packaged legend |
|---|
| 665 | 640 | | drugs and devices, |
|---|
| 666 | 641 | | c. the participation in drug selection and drug |
|---|
| 667 | 642 | | utilization reviews, |
|---|
| 668 | 643 | | d. the proper and safe storage of drugs and devices and |
|---|
| 669 | 644 | | the maintenance of proper records thereof, |
|---|
| 670 | 645 | | e. the responsibility for advising by counseling and |
|---|
| 671 | 646 | | providing information, where professionally necessary |
|---|
| 699 | 647 | | or where regulated, of therapeutic values, content, |
|---|
| 700 | 648 | | hazards and use of drugs and devices, |
|---|
| 701 | 649 | | f. the offering or performing of those ac ts, services, |
|---|
| 702 | 650 | | operations or transactions necessary in the conduct, |
|---|
| 703 | 651 | | operation, management and c ontrol of a pharmacy, or |
|---|
| 704 | 652 | | g. the provision of those acts or services that are |
|---|
| 705 | 653 | | necessary to provide pharmaceutical care; |
|---|
| 706 | 654 | | 39. “Preparation” means an article which may or may not contain |
|---|
| 707 | 655 | | sterile products compounded in a licensed pharmacy pursuant to the |
|---|
| 708 | 656 | | order of a licensed prescriber; |
|---|
| 709 | 683 | | 40. “Prescriber” means a person licensed in this state who is |
|---|
| 710 | 684 | | authorized to prescribe dangerous drugs withi n the scope of practice |
|---|
| 711 | 685 | | of the person’s profession; |
|---|
| 712 | 686 | | 41. “Prescription” means and includes any order for drug or |
|---|
| 713 | 687 | | medical supplies written or signed, or transmitted by word of mouth, |
|---|
| 714 | 688 | | telephone or other means of communication: |
|---|
| 715 | 689 | | a. by a licensed prescriber, |
|---|
| 716 | 690 | | b. under the supervision of an Oklahoma licensed |
|---|
| 717 | 691 | | practitioner, an Oklahoma licensed advanced practice |
|---|
| 718 | 692 | | registered nurse or an Oklahoma licensed a supervising |
|---|
| 719 | 693 | | physician, by a physician assistant licensed in this |
|---|
| 720 | 694 | | state, or |
|---|
| 721 | 695 | | c. (1) under the supervision of a supervising physician |
|---|
| 722 | 696 | | or supervising Advanced Practice Registered |
|---|
| 750 | 697 | | Nurse, by a Certified Nurse Practitioner, |
|---|
| 751 | 698 | | Clinical Nurse Specialist, or Certified Nurse- |
|---|
| 752 | 699 | | Midwife licensed in this state who has not |
|---|
| 753 | 700 | | obtained independent prescriptive authority under |
|---|
| 754 | 701 | | Section 1 of this act, or |
|---|
| 755 | 702 | | (2) by a Certified Nurse Practitioner, Clinical Nurs e |
|---|
| 756 | 703 | | Specialist, or Certified Nurse-Midwife licensed |
|---|
| 757 | 704 | | in this state who has obtained independent |
|---|
| 758 | 705 | | prescriptive authority under Section 1 of this |
|---|
| 759 | 706 | | act, or |
|---|
| 760 | 733 | | d. by an Oklahoma licensed wholesaler or di stributor as |
|---|
| 761 | 734 | | authorized in Section 353.29.1 of this title; |
|---|
| 762 | 735 | | 42. “Product” means a prescription drug in a finished dosage |
|---|
| 763 | 736 | | form for administration to a patient without substantial further |
|---|
| 764 | 737 | | manufacturing, such as capsules, tablets, and lyophilized products |
|---|
| 765 | 738 | | before reconstitution. “Product” does not include blo od components |
|---|
| 766 | 739 | | intended for transfusion, radioactive drugs or biologics and medical |
|---|
| 767 | 740 | | gas; |
|---|
| 768 | 741 | | 43. “Repackager”, including “virtual repackager”, means a |
|---|
| 769 | 742 | | person who owns or operates an establishment that repac ks and |
|---|
| 770 | 743 | | relabels a product or package for further sale or distribution |
|---|
| 771 | 744 | | without further transaction; |
|---|
| 772 | 745 | | 44. “Sterile drug” means a drug that is intended for parenteral |
|---|
| 773 | 746 | | administration, an ophthalmic or oral inhalation drug in aqueous |
|---|
| 801 | 747 | | format, or a drug that is required to be sterile under sta te and |
|---|
| 802 | 748 | | federal law; |
|---|
| 803 | 749 | | 45. “Supervising Advanced Practice Registered Nurse” has the |
|---|
| 804 | 750 | | same meaning as provided by Section 567.3a of this title; |
|---|
| 805 | 751 | | 46. “Supervising physician” means an individual holding a |
|---|
| 806 | 752 | | current license to practice as a physician from the State Board of |
|---|
| 807 | 753 | | Medical Licensure and Supervision, pursuant to the provisions of the |
|---|
| 808 | 754 | | Oklahoma Allopathic Medical and Surgical Licensure and Supervision |
|---|
| 809 | 755 | | Act, or the State Board of Osteopathic Examiners, pursuant to the |
|---|
| 810 | 756 | | provisions of the Oklahoma Osteopathic Medicine Act, who supervises |
|---|
| 811 | 783 | | an advanced practice registered nurse a Certified Nurse |
|---|
| 812 | 784 | | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife |
|---|
| 813 | 785 | | as defined in Section 567.3a of this title who has not obtained |
|---|
| 814 | 786 | | independent prescriptive authority under Section 1 of this act, |
|---|
| 815 | 787 | | and who is not in trai ning as an intern, resident, or fellow . To be |
|---|
| 816 | 788 | | eligible to supervise an advanced practice registered nurse, such |
|---|
| 817 | 789 | | The supervising physician shall remain in compliance with the rules |
|---|
| 818 | 790 | | promulgated by the State Board of Medical Licensure and Supervision |
|---|
| 819 | 791 | | or the State Board of Osteopathic Examiners; |
|---|
| 820 | 792 | | 46. 47. “Supportive personnel” means technicians and auxiliary |
|---|
| 821 | 793 | | supportive persons who are regularly paid employees of a pharmacy |
|---|
| 822 | 794 | | who work and perform tasks in the pharmacy as authorized by Section |
|---|
| 823 | 795 | | 353.18A of this title; |
|---|
| 851 | 796 | | 47. 48. “Third-party logistics provider” including “virtual |
|---|
| 852 | 797 | | third-party logistics provider” means an entity that provides or |
|---|
| 853 | 798 | | coordinates warehousing, or other logistics services of a product in |
|---|
| 854 | 799 | | interstate commerce on behalf of a manufacturer, wholesale |
|---|
| 855 | 800 | | distributor, or dispenser of a produc t but does not take ownership |
|---|
| 856 | 801 | | of the product, nor have responsibility to direct the sale or |
|---|
| 857 | 802 | | disposition of the product. For the purposes of this paragraph, |
|---|
| 858 | 803 | | “third-party logistics provider” does not include shippers and the |
|---|
| 859 | 804 | | United States Postal Service; |
|---|
| 860 | 805 | | 48. 49. “Wholesale distributor” including “virtual wholesale |
|---|
| 861 | 806 | | distributor” means a person other than a manufacturer, a |
|---|
| 862 | 833 | | manufacturer’s co-licensed partner, a third-party logistics |
|---|
| 863 | 834 | | provider, or repackager engaged in wholesale distribution as defined |
|---|
| 864 | 835 | | by 21 U.S.C. 353(e)(4) as amended by the Drug Supply Chain Security |
|---|
| 865 | 836 | | Act; |
|---|
| 866 | 837 | | 49. 50. “County jail” means a facility operated by a county for |
|---|
| 867 | 838 | | the physical detention and correction of persons charged with, or |
|---|
| 868 | 839 | | convicted of, criminal o ffenses or ordinance violations or per sons |
|---|
| 869 | 840 | | found guilty of civil or criminal contempt; |
|---|
| 870 | 841 | | 50. 51. “State correctional facility” means a facility or |
|---|
| 871 | 842 | | institution that houses a prisoner population under the jurisdiction |
|---|
| 872 | 843 | | of the Department of Corrections; |
|---|
| 900 | 844 | | 51. 52. “Unit dose package” means a package that contains a |
|---|
| 901 | 845 | | single dose drug with the name, strength, control number, and |
|---|
| 902 | 846 | | expiration date of that drug on the label; and |
|---|
| 903 | 847 | | 52. 53. “Unit of issue package” means a package that provides |
|---|
| 904 | 848 | | multiple doses of the same drug, but each drug is individually |
|---|
| 905 | 849 | | separated and includes the name, lot number, and expiration date. |
|---|
| 906 | 850 | | SECTION 4. AMENDATORY 59 O.S. 2021, Section 353.1a, is |
|---|
| 907 | 851 | | amended to read as follows: |
|---|
| 908 | 852 | | Section 353.1a. A. Prescribing 1. Prescriptive authority |
|---|
| 909 | 853 | | shall be allowed, under th e medical direction of a supervising |
|---|
| 910 | 854 | | physician or supervising Advanced Practice Registered Nurse, for an |
|---|
| 911 | 855 | | advanced practice nurse a licensed Advanced Practice Registered |
|---|
| 912 | 856 | | Nurse recognized by the Oklahom a Board of Nursing in one of the |
|---|
| 913 | 883 | | following categories: advanced registered nurse practitioners, |
|---|
| 914 | 884 | | clinical nurse specialists, or certified nurse-midwives as a |
|---|
| 915 | 885 | | Certified Nurse Practitioner, Clinical Nurse Specialist, or |
|---|
| 916 | 886 | | Certified Nurse-Midwife who has not obtained independent |
|---|
| 917 | 887 | | prescriptive authority under Section 1 of this act. |
|---|
| 918 | 888 | | 2. Prescriptive authority shall be allowed, independent of the |
|---|
| 919 | 889 | | medical direction of a supervising physician or supervising Advanced |
|---|
| 920 | 890 | | Practice Registered Nurse, for a licensed Advanced Practice |
|---|
| 921 | 891 | | Registered Nurse recognized by the Oklahoma Board of Nursing as a |
|---|
| 922 | 892 | | Certified Nurse Practitioner, Clinical Nurse Specialist, or |
|---|
| 950 | 893 | | Certified Nurse-Midwife who has obtained independent prescriptive |
|---|
| 951 | 894 | | authority under Section 1 of this act. |
|---|
| 952 | 895 | | B. The advanced practice nurse Advanced Practice Registered |
|---|
| 953 | 896 | | Nurse may write or sign, or transmit by word of mouth, telephone or |
|---|
| 954 | 897 | | other means of communication an order for drugs or medical supplies |
|---|
| 955 | 898 | | that is intended to be filled, compounded, or dis pensed by a |
|---|
| 956 | 899 | | pharmacist. The supervising physician or supervising Advanced |
|---|
| 957 | 900 | | Practice Registered Nurse, if applicable, and the advanced practice |
|---|
| 958 | 901 | | nurse prescribing Advanced Practice Registered Nurse shall be |
|---|
| 959 | 902 | | identified at the time of origination of the prescription and the |
|---|
| 960 | 903 | | name of the advanced practice nurse prescribing Advanced Practice |
|---|
| 961 | 904 | | Registered Nurse shall be printed on the prescription label. |
|---|
| 962 | 905 | | B. C. Pharmacists may dispense prescriptions for non-controlled |
|---|
| 963 | 906 | | prescription drugs authorized by an advanced practice nurse Advanced |
|---|
| 964 | 933 | | Practice Registered Nurse or physician assistant, not located in |
|---|
| 965 | 934 | | Oklahoma this state, provided that they are licensed in the state in |
|---|
| 966 | 935 | | which they are actively prescribing. |
|---|
| 967 | 936 | | C. D. 1. Pharmacists may only dispense prescriptions for |
|---|
| 968 | 937 | | controlled dangerous substances prescribed by an advanced practice |
|---|
| 969 | 938 | | nurse or physician assistant Advanced Practice Registered Nurse |
|---|
| 970 | 939 | | licensed in the State of Oklahoma and supervised by an Oklahoma- |
|---|
| 971 | 940 | | licensed practitioner this state who meets the criteria in paragraph |
|---|
| 972 | 941 | | 1 or 2 of subsection A of this section. |
|---|
| 1000 | 942 | | 2. Pharmacists may only dispense prescriptions for co ntrolled |
|---|
| 1001 | 943 | | dangerous substances prescribed by a physician assistant licensed in |
|---|
| 1002 | 944 | | this state and supervised by a supervising physician licensed in |
|---|
| 1003 | 945 | | this state. |
|---|
| 1004 | 946 | | SECTION 5. AMENDATORY 59 O.S. 2021, Section 567.3a, is |
|---|
| 1005 | 947 | | amended to read as f ollows: |
|---|
| 1006 | 948 | | Section 567.3a. As used in the Oklahoma Nursing Practice Act: |
|---|
| 1007 | 949 | | 1. “Board” means the Oklahoma Board of Nursing; |
|---|
| 1008 | 950 | | 2. “The practice of nursing” means the performance of services |
|---|
| 1009 | 951 | | provided for purposes of nursing diagnosis and treatment of human |
|---|
| 1010 | 952 | | responses to actual or potential health problems consistent with |
|---|
| 1011 | 953 | | educational preparation. Knowledge and skill are the basis for |
|---|
| 1012 | 954 | | assessment, analysis, planning, interven tion, and evaluation used in |
|---|
| 1013 | 955 | | the promotion and mainten ance of health and nursing management of |
|---|
| 1014 | 956 | | illness, injury, infirmity, restoration or optimal function, or |
|---|
| 1015 | 983 | | death with dignity. Practice is based on understanding the human |
|---|
| 1016 | 984 | | condition across the human life span and understanding the |
|---|
| 1017 | 985 | | relationship of the individ ual within the environment. This |
|---|
| 1018 | 986 | | practice includes execution of the medical regime including the |
|---|
| 1019 | 987 | | administration of medications and treatments prescribed by any |
|---|
| 1020 | 988 | | person authorized by state law to so pres cribe; |
|---|
| 1021 | 989 | | 3. “Registered nursing” means the practice of the full scope of |
|---|
| 1022 | 990 | | nursing which includes, but is not limited to: |
|---|
| 1050 | 991 | | a. assessing the health status of individuals, families |
|---|
| 1051 | 992 | | and groups, |
|---|
| 1052 | 993 | | b. analyzing assessment data to determine nursing care |
|---|
| 1053 | 994 | | needs, |
|---|
| 1054 | 995 | | c. establishing goals to meet identified health care |
|---|
| 1055 | 996 | | needs, |
|---|
| 1056 | 997 | | d. planning a strategy of care, |
|---|
| 1057 | 998 | | e. establishing priorities of nursing intervention to |
|---|
| 1058 | 999 | | implement the strategy of care, |
|---|
| 1059 | 1000 | | f. implementing the strategy of care, |
|---|
| 1060 | 1001 | | g. delegating such tasks as may safely be perfo rmed by |
|---|
| 1061 | 1002 | | others, consistent with educational preparatio n and |
|---|
| 1062 | 1003 | | that do not conflict with the p rovisions of the |
|---|
| 1063 | 1004 | | Oklahoma Nursing Practice Act, |
|---|
| 1064 | 1005 | | h. providing safe and effective nursing care rendered |
|---|
| 1065 | 1006 | | directly or indirectly, |
|---|
| 1066 | 1033 | | i. evaluating responses to intervention s, |
|---|
| 1067 | 1034 | | j. teaching the principles and practice of nursing, |
|---|
| 1068 | 1035 | | k. managing and supervising the prac tice of nursing, |
|---|
| 1069 | 1036 | | l. collaborating with other health professionals in the |
|---|
| 1070 | 1037 | | management of health care, |
|---|
| 1071 | 1038 | | m. performing additional nursing functions in accordance |
|---|
| 1072 | 1039 | | with knowledge and skills acquired beyond basic |
|---|
| 1073 | 1040 | | nursing preparation, and |
|---|
| 1101 | 1041 | | n. delegating those nursin g tasks as defined in the rules |
|---|
| 1102 | 1042 | | of the Board that may be performed by an advanced |
|---|
| 1103 | 1043 | | unlicensed assistive person; |
|---|
| 1104 | 1044 | | 4. “Licensed practical nursing” means the practice of nursing |
|---|
| 1105 | 1045 | | under the supervision or direction of a regis tered nurse, licensed |
|---|
| 1106 | 1046 | | physician or dentist. This directed scope of nursing practice |
|---|
| 1107 | 1047 | | includes, but is not limited to: |
|---|
| 1108 | 1048 | | a. contributing to the assessment of the health status of |
|---|
| 1109 | 1049 | | individuals and groups, |
|---|
| 1110 | 1050 | | b. participating in the development and modification of |
|---|
| 1111 | 1051 | | the plan of care, |
|---|
| 1112 | 1052 | | c. implementing the appropriate aspects of the plan of |
|---|
| 1113 | 1053 | | care, |
|---|
| 1114 | 1054 | | d. delegating such tasks as may safely be performed by |
|---|
| 1115 | 1055 | | others, consistent with educational preparation and |
|---|
| 1150 | 1089 | | h. performing additional nursing procedures in accordance |
|---|
| 1151 | 1090 | | with knowledge and skills acquired through education |
|---|
| 1152 | 1091 | | beyond nursing preparation, and |
|---|
| 1153 | 1092 | | i. delegating those nursing tasks as defined in the rules |
|---|
| 1154 | 1093 | | of the Board that may be performed by an advanced |
|---|
| 1155 | 1094 | | unlicensed assistive person; |
|---|
| 1156 | 1095 | | 5. “Advanced Practice Registered Nurse ” means a licensed |
|---|
| 1157 | 1096 | | Registered Nurse: |
|---|
| 1158 | 1097 | | a. who has completed an advanced practice registered |
|---|
| 1159 | 1098 | | nursing education program in preparation for one of |
|---|
| 1160 | 1099 | | four recognized advanced practice registered nurse |
|---|
| 1161 | 1100 | | Advanced Practice Registered Nurse roles, |
|---|
| 1162 | 1101 | | b. who has passed a national certification examination |
|---|
| 1163 | 1102 | | recognized by the Board that measures the advanced |
|---|
| 1164 | 1103 | | practice registered nurse Advanced Practice Registered |
|---|
| 1165 | 1104 | | Nurse role and specialty competencies and who |
|---|
| 1166 | 1131 | | maintains recertification in the role and specialty |
|---|
| 1167 | 1132 | | through a national certification program, |
|---|
| 1168 | 1133 | | c. who has acquired advanced clinical knowledge and |
|---|
| 1169 | 1134 | | skills in preparation for providing both direct and |
|---|
| 1170 | 1135 | | indirect care to patients; however, the defining |
|---|
| 1171 | 1136 | | factor for all Advanced Pr actice Registered Nurses is |
|---|
| 1172 | 1137 | | that a significant compone nt of the education and |
|---|
| 1173 | 1138 | | practice focuses on direct care of individuals, |
|---|
| 1201 | 1139 | | d. whose practice builds on the competencies of |
|---|
| 1202 | 1140 | | Registered Nurses by demonstrating a greater depth and |
|---|
| 1203 | 1141 | | breadth of knowledge, a gre ater synthesis of data, and |
|---|
| 1204 | 1142 | | increased complexity of sk ills and interventions, and |
|---|
| 1205 | 1143 | | e. who has obtained a license as an Advanced Practice |
|---|
| 1206 | 1144 | | Registered Nurse in one of the following roles: |
|---|
| 1207 | 1145 | | Certified Registered Nurse Anesthetist, Certified |
|---|
| 1208 | 1146 | | Nurse-Midwife, Clinical Nurse Specialist, or Certified |
|---|
| 1209 | 1147 | | Nurse Practitioner. |
|---|
| 1210 | 1148 | | Only those persons who hold a license t o practice advanced |
|---|
| 1211 | 1149 | | practice registered nursing in this state shall have the right to |
|---|
| 1212 | 1150 | | use the title “Advanced Practice Registered Nurse” and to use the |
|---|
| 1213 | 1151 | | abbreviation “APRN”. Only those persons who have obtained a lice nse |
|---|
| 1214 | 1152 | | in the following disciplines shall have the right to fulfill the |
|---|
| 1215 | 1153 | | roles and use the applicable titles: Certified Registered Nurse |
|---|
| 1216 | 1154 | | Anesthetist and the abbreviation “CRNA”, Certified Nurse-Midwife and |
|---|
| 1217 | 1181 | | the abbreviation “CNM”, Clinical Nurse Specialist and the |
|---|
| 1218 | 1182 | | abbreviation “CNS”, and Certified Nurse Practitioner and the |
|---|
| 1219 | 1183 | | abbreviation “CNP”. |
|---|
| 1220 | 1184 | | It shall be unlawful for any person to assume the role or use |
|---|
| 1221 | 1185 | | the title Advanced Practice Registered Nurse or use th e abbreviation |
|---|
| 1222 | 1186 | | “APRN” or use the respective specialty role titles and abbreviations |
|---|
| 1223 | 1187 | | or to use any other titles or abbreviations that would reasonably |
|---|
| 1224 | 1188 | | lead a person to believe the user is an Advanced Practice Registered |
|---|
| 1252 | 1189 | | Nurse, unless permitted by the Oklaho ma Nursing Practice Act. Any |
|---|
| 1253 | 1190 | | individual doing so shal l be guilty of a misdemeanor, which sha ll be |
|---|
| 1254 | 1191 | | punishable, upon conviction, by imprisonment in the county jail for |
|---|
| 1255 | 1192 | | not more than one (1) year or by a fine of not less than One Hundred |
|---|
| 1256 | 1193 | | Dollars ($100.00) no r more than One Thousand Dollars ($1,000.00), or |
|---|
| 1257 | 1194 | | by both such imprisonment and fine for each offense; |
|---|
| 1258 | 1195 | | 6. “Certified Nurse Practitioner” is means an Advanced Practice |
|---|
| 1259 | 1196 | | Registered Nurse who performs in an expanded role in the delivery of |
|---|
| 1260 | 1197 | | health care: |
|---|
| 1261 | 1198 | | a. consistent with advanced educational preparation as a |
|---|
| 1262 | 1199 | | Certified Nurse Practitioner in an area of specialty, |
|---|
| 1263 | 1200 | | b. functions within the Certified Nurse Practitioner |
|---|
| 1264 | 1201 | | scope of practice for the selected area of |
|---|
| 1265 | 1202 | | specialization, and |
|---|
| 1266 | 1229 | | c. is in accord with the standards f or Certified Nurse |
|---|
| 1267 | 1230 | | Practitioners as identified by the certifying body and |
|---|
| 1268 | 1231 | | approved by the Board. |
|---|
| 1269 | 1232 | | A Certified Nurse Practitioner shall be eligible, in accordance |
|---|
| 1270 | 1233 | | with the scope of practice of the Certified Nurse Practitioner, to |
|---|
| 1271 | 1234 | | obtain recognition as author ized by the Board to prescribe, as |
|---|
| 1272 | 1235 | | defined by the rules promulgated by the Board pursuant to this |
|---|
| 1273 | 1236 | | section and subject to the medical direction of a supervising |
|---|
| 1274 | 1237 | | physician Section 567.4a of this title and Section 1 of this act. |
|---|
| 1275 | 1238 | | This authorization shall not include dispensing drugs, but shall not |
|---|
| 1303 | 1239 | | preclude, subject to federal regulations, the receipt of, the |
|---|
| 1304 | 1240 | | signing for, or the dispensing of professional samples to patients. |
|---|
| 1305 | 1241 | | The Certified Nurse Practitioner accepts responsibility, |
|---|
| 1306 | 1242 | | accountability, and obligatio n to practice in accordance with usual |
|---|
| 1307 | 1243 | | and customary advanced practice registered nursing sta ndards and |
|---|
| 1308 | 1244 | | functions as defined by the scope of practice/role definition |
|---|
| 1309 | 1245 | | statements for the Certified Nurse Practitioner; |
|---|
| 1310 | 1246 | | 7. a. “Clinical Nurse Specialist ” is means an Advanced |
|---|
| 1311 | 1247 | | Practice Registered Nurse who holds: |
|---|
| 1312 | 1248 | | (1) a master’s degree or higher in nursi ng with |
|---|
| 1313 | 1249 | | clinical specialization preparation to function |
|---|
| 1314 | 1250 | | in an expanded role, |
|---|
| 1315 | 1251 | | (2) specialty certification from a national |
|---|
| 1316 | 1252 | | certifying organization recognized by the Board, |
|---|
| 1317 | 1279 | | (3) an Advanced Practice Registered Nurse licen se |
|---|
| 1318 | 1280 | | from the Board, and |
|---|
| 1319 | 1281 | | (4) any nurse holding a specialty certification as a |
|---|
| 1320 | 1282 | | Clinical Nurse Specialist valid on January 1, |
|---|
| 1321 | 1283 | | 1994, granted by a national certifying |
|---|
| 1322 | 1284 | | organization recognized by the Board, sha ll be |
|---|
| 1323 | 1285 | | deemed to be a Clinical Nurse Specialist under |
|---|
| 1324 | 1286 | | the provisions of the Oklahoma Nursing P ractice |
|---|
| 1325 | 1287 | | Act. |
|---|
| 1353 | 1288 | | b. In the expanded role, the Clinical Nurse Specialist |
|---|
| 1354 | 1289 | | performs at an advanced practice level which shall |
|---|
| 1355 | 1290 | | include, but not be limited to: |
|---|
| 1356 | 1291 | | (1) practicing as an expert clinician in the |
|---|
| 1357 | 1292 | | provision of direct n ursing care to a selected |
|---|
| 1358 | 1293 | | population of patients or clients in any setting, |
|---|
| 1359 | 1294 | | including private practice, |
|---|
| 1360 | 1295 | | (2) managing the care of patients or clients with |
|---|
| 1361 | 1296 | | complex nursing problems, |
|---|
| 1362 | 1297 | | (3) enhancing patient or client care by integrating |
|---|
| 1363 | 1298 | | the competencies of clin ical practice, education, |
|---|
| 1364 | 1299 | | consultation, and research, and |
|---|
| 1365 | 1300 | | (4) referring patients or clients to other services. |
|---|
| 1366 | 1301 | | c. A Clinical Nurse Specialist in accordance with the |
|---|
| 1367 | 1302 | | scope of practice of such Clinical Nu rse Specialist |
|---|
| 1368 | 1329 | | shall be eligible to obtain recognition as authorized |
|---|
| 1369 | 1330 | | by the Board to prescrib e, as defined by the rules |
|---|
| 1370 | 1331 | | promulgated by the Board pursuant to this section, and |
|---|
| 1371 | 1332 | | subject to the medical direction of a supervising |
|---|
| 1372 | 1333 | | physician Section 567.4a of thi s title and Section 1 |
|---|
| 1373 | 1334 | | of this act. This authorization shall not include |
|---|
| 1374 | 1335 | | dispensing drugs, bu t shall not preclude, subject to |
|---|
| 1375 | 1336 | | federal regulations, the receipt of, the signing for, |
|---|
| 1376 | 1337 | | or the dispensing of professional samples to pat ients. |
|---|
| 1404 | 1338 | | d. The Clinical Nurse Specialist accepts responsibility, |
|---|
| 1405 | 1339 | | accountability, and obligation to practice in |
|---|
| 1406 | 1340 | | accordance with usual and customary advanced practice |
|---|
| 1407 | 1341 | | nursing standards and functions as defined by the |
|---|
| 1408 | 1342 | | scope of practice/role definition statemen ts for the |
|---|
| 1409 | 1343 | | Clinical Nurse Specialist; |
|---|
| 1410 | 1344 | | 8. “Nurse-Midwife” is “Certified Nurse-Midwife” means a nurse |
|---|
| 1411 | 1345 | | who has received an Advanced Practice Registered Nurse license from |
|---|
| 1412 | 1346 | | the Oklahoma Board of Nursing who possesses evidence of |
|---|
| 1413 | 1347 | | certification according to the requirements of the American College |
|---|
| 1414 | 1348 | | of Nurse-Midwives. |
|---|
| 1415 | 1349 | | A Certified Nurse-Midwife in accordance with the scope of |
|---|
| 1416 | 1350 | | practice of such Certified Nurse-Midwife shall be eligible to obtain |
|---|
| 1417 | 1351 | | recognition as authorized by the Board to prescribe, as defined by |
|---|
| 1418 | 1352 | | the rules promulgated by the Board pursuant to this section and |
|---|
| 1419 | 1379 | | subject to the medical direction of a supervising physician Section |
|---|
| 1420 | 1380 | | 567.4a of this title and Section 1 of this act. This authorization |
|---|
| 1421 | 1381 | | shall not include the dispensing of drugs, but shall not precl ude, |
|---|
| 1422 | 1382 | | subject to federal regu lations, the receipt of, the sig ning for, or |
|---|
| 1423 | 1383 | | the dispensing of professional samples to patien ts. |
|---|
| 1424 | 1384 | | The Certified Nurse-Midwife accepts responsibility, |
|---|
| 1425 | 1385 | | accountability, and obligation to practice in accordance with usual |
|---|
| 1426 | 1386 | | and customary advanced practice registe red nursing standards and |
|---|
| 1454 | 1387 | | functions as defined by the scope of practice/role definition |
|---|
| 1455 | 1388 | | statements for the Certified Nurse-Midwife; |
|---|
| 1456 | 1389 | | 9. “Nurse-midwifery practice” means providing management of |
|---|
| 1457 | 1390 | | care of normal newborns and women, antepartally, intrapartally, |
|---|
| 1458 | 1391 | | postpartally and gynecologicall y, occurring within a health care |
|---|
| 1459 | 1392 | | system which provides for m edical consultation, medical management |
|---|
| 1460 | 1393 | | or referral, and is in accord with the standards for nurse-midwifery |
|---|
| 1461 | 1394 | | practice as defined by the American College of Nurse -Midwives; |
|---|
| 1462 | 1395 | | 10. a. “Certified Registered Nurse Anestheti st” is an |
|---|
| 1463 | 1396 | | Advanced Practice Registered Nurse who: |
|---|
| 1464 | 1397 | | (1) is certified by the National Board of |
|---|
| 1465 | 1398 | | Certification and Recertification for Nurse |
|---|
| 1466 | 1399 | | Anesthetists as a Certified Registered Nurse |
|---|
| 1467 | 1400 | | Anesthetist within on e (1) year following |
|---|
| 1468 | 1401 | | completion of an approved certified registered |
|---|
| 1469 | 1402 | | nurse anesthetist Certified Registered Nurse |
|---|
| 1470 | 1429 | | Anesthetist education program, and continues to |
|---|
| 1471 | 1430 | | maintain such recertification by the National |
|---|
| 1472 | 1431 | | Board of Certificatio n and Recertification for |
|---|
| 1473 | 1432 | | Nurse Anesthetists, and |
|---|
| 1474 | 1433 | | (2) administers anesthesia in co llaboration with a |
|---|
| 1475 | 1434 | | medical doctor, an o steopathic physician, a |
|---|
| 1476 | 1435 | | podiatric physician or a dentist licensed in this |
|---|
| 1477 | 1436 | | state and under conditions in which timely onsite |
|---|
| 1505 | 1437 | | consultation by such doctor, osteopath, podiatric |
|---|
| 1506 | 1438 | | physician or dentist i s available. |
|---|
| 1507 | 1439 | | b. A Certified Registered Nurse Anesthetist, in |
|---|
| 1508 | 1440 | | collaboration with a medical doctor, osteopathic |
|---|
| 1509 | 1441 | | physician, podiatric physician or dentist licensed in |
|---|
| 1510 | 1442 | | this state, and under condition s in which timely, on- |
|---|
| 1511 | 1443 | | site consultation by such medical docto r, osteopathic |
|---|
| 1512 | 1444 | | physician, podiatric physician or dentist is |
|---|
| 1513 | 1445 | | available, shall be authorized, pursuant to rules |
|---|
| 1514 | 1446 | | adopted by the Oklahoma Board of Nursing, to order, |
|---|
| 1515 | 1447 | | select, obtain and administer leg end drugs, Schedules |
|---|
| 1516 | 1448 | | II through V controlled substances, devices, and |
|---|
| 1517 | 1449 | | medical gases only when engaged in the pr eanesthetic |
|---|
| 1518 | 1450 | | preparation and evaluation; anesthesia induction, |
|---|
| 1519 | 1451 | | maintenance and emergence; and postanesthesia care. A |
|---|
| 1520 | 1452 | | Certified Registered Nurse Anesthetist may order, |
|---|
| 1555 | 1486 | | (2) provide evidence of completion, wi thin the two- |
|---|
| 1556 | 1487 | | year period immediately preceding the date of |
|---|
| 1557 | 1488 | | application, of a minimum of fifteen (15) units |
|---|
| 1558 | 1489 | | of continuing education in advanced pharmacology |
|---|
| 1559 | 1490 | | related to the administration of anes thesia as |
|---|
| 1560 | 1491 | | recognized by the Nation al Board of Certification |
|---|
| 1561 | 1492 | | and Recertification for Nurse Anesthetists, and |
|---|
| 1562 | 1493 | | (3) complete and submit a notarized application, on a |
|---|
| 1563 | 1494 | | form prescribed by the Board, accompanied by the |
|---|
| 1564 | 1495 | | application fee establish ed pursuant to this |
|---|
| 1565 | 1496 | | section. |
|---|
| 1566 | 1497 | | d. The authority to order , select, obtain and administ er |
|---|
| 1567 | 1498 | | drugs shall be terminated if a Certified Registered |
|---|
| 1568 | 1499 | | Nurse Anesthetist has: |
|---|
| 1569 | 1500 | | (1) ordered, selected, obtained or administered drugs |
|---|
| 1570 | 1501 | | outside of the Certified Registered Nurse |
|---|
| 1571 | 1502 | | Anesthetist scope of practice or ordered, |
|---|
| 1605 | 1535 | | e. The Oklahoma Board of Nursing shall notify the State |
|---|
| 1606 | 1536 | | Board of Pharmacy after termination of or a change in |
|---|
| 1607 | 1537 | | the authority to order, select, obtain and administer |
|---|
| 1608 | 1538 | | drugs for a Certified Registered Nurse Anesthet ist. |
|---|
| 1609 | 1539 | | f. The Board shall provide by rule for biennial |
|---|
| 1610 | 1540 | | application renewal and reauth orization of authority |
|---|
| 1611 | 1541 | | to order, select, obtain and administer drugs for |
|---|
| 1612 | 1542 | | Certified Registered Nurse Anesthetists. At the time |
|---|
| 1613 | 1543 | | of application renewal, a Certified Registered Nurse |
|---|
| 1614 | 1544 | | Anesthetist shall submit documentation of a min imum of |
|---|
| 1615 | 1545 | | eight (8) units of co ntinuing education, completed |
|---|
| 1616 | 1546 | | during the previous two (2) years, in advanced |
|---|
| 1617 | 1547 | | pharmacology relating to the administration of |
|---|
| 1618 | 1548 | | anesthesia, as recognized by the Council on |
|---|
| 1619 | 1549 | | Recertification of Nurse Anesthetists or the Council |
|---|
| 1620 | 1550 | | on Certification of Nurse Anestheti sts National Board |
|---|
| 1621 | 1551 | | of Certification and Recertification for Nurse |
|---|
| 1622 | 1552 | | Anesthetists. |
|---|
| 1656 | 1585 | | h. As used in this parag raph, “collaboration” means an |
|---|
| 1657 | 1586 | | agreement between a medical doc tor, osteopathic |
|---|
| 1658 | 1587 | | physician, podiatric physician or dentist performing |
|---|
| 1659 | 1588 | | the procedure or directly involved with the procedure |
|---|
| 1660 | 1589 | | and the Certified Registered Nurse Anesthetist working |
|---|
| 1661 | 1590 | | jointly toward a common goal providing services for |
|---|
| 1662 | 1591 | | the same patient. This c ollaboration involves the |
|---|
| 1663 | 1592 | | joint formulation, discussion an d agreement of the |
|---|
| 1664 | 1593 | | anesthesia plan by both parties, and the collaborating |
|---|
| 1665 | 1594 | | medical doctor, osteopathic physician, podiatric |
|---|
| 1666 | 1595 | | physician or dentist performing the procedure or |
|---|
| 1667 | 1596 | | directly involved with the procedure and that |
|---|
| 1668 | 1597 | | collaborating physician shall re main available for |
|---|
| 1669 | 1598 | | timely onsite consultation during the delivery of |
|---|
| 1670 | 1599 | | anesthesia for diagnosis, consultation, and treatment |
|---|
| 1671 | 1600 | | of medical conditions; |
|---|
| 1672 | 1601 | | 11. “Supervising Advanced Practice Registered Nurse” means an |
|---|
| 1673 | 1602 | | Advanced Practice Registere d Nurse holding a current license to |
|---|
| 1707 | 1635 | | 12. “Supervising physician” means an individual holding a |
|---|
| 1708 | 1636 | | current license to practice as a physi cian from the State Board of |
|---|
| 1709 | 1637 | | Medical Licensure and Supervision or the State Board of Osteopathic |
|---|
| 1710 | 1638 | | Examiners, who supervises a Certified Nurse Practitioner , a Clinical |
|---|
| 1711 | 1639 | | Nurse Specialist, or a Certified Nurse-Midwife who has not obtained |
|---|
| 1712 | 1640 | | independent prescriptive authority under Section 1 of this act, and |
|---|
| 1713 | 1641 | | who is not in training as an intern, resident, or fellow. To be |
|---|
| 1714 | 1642 | | eligible to supervise such Advanced Practice Regi stered Nurse, such |
|---|
| 1715 | 1643 | | The supervising physician shall remain in compliance with the rules |
|---|
| 1716 | 1644 | | promulgated by the State Board of Medical Licensure and Supervision |
|---|
| 1717 | 1645 | | or the State Board of Osteopathic Examiners; |
|---|
| 1718 | 1646 | | 12. 13. “Supervision of an Advanced Practice Registered Nurse |
|---|
| 1719 | 1647 | | with prescriptive authority” means overseeing and accepting |
|---|
| 1720 | 1648 | | responsibility for the ordering and transmission by a Certified |
|---|
| 1721 | 1649 | | Nurse Practitioner, a Clinical Nurse Specialist, or a Certified |
|---|
| 1722 | 1650 | | Nurse-Midwife who has not obtained independent prescriptive |
|---|
| 1723 | 1651 | | authority under Section 1 of this act of written, telephonic, |
|---|
| 1757 | 1684 | | settings under the direction and supervision of the Registered Nurse |
|---|
| 1758 | 1685 | | or Licensed Practical Nurse. |
|---|
| 1759 | 1686 | | SECTION 6. AMENDATORY 59 O.S. 2021, Section 567.4a, is |
|---|
| 1760 | 1687 | | amended to read as follows: |
|---|
| 1761 | 1688 | | Section 567.4a. The Oklahoma Board of Nursing may grant |
|---|
| 1762 | 1689 | | prescriptive authority through the Advanc ed Practice Registered |
|---|
| 1763 | 1690 | | Nurse license to Certified Nurse Practitioners, Clinical Nurse |
|---|
| 1764 | 1691 | | Specialists, and Certified Nurse-Midwives who meet the requirements |
|---|
| 1765 | 1692 | | for prescriptive authority identified by law and in the Board’s |
|---|
| 1766 | 1693 | | rules. The rules regarding prescriptiv e authority recognition |
|---|
| 1767 | 1694 | | promulgated by the Oklahoma Board of Nursing pursuant to paragraphs |
|---|
| 1768 | 1695 | | 6 through 9, 11 and 12 of this section, Section 567.3a of this |
|---|
| 1769 | 1696 | | title, and Section 1 of this act shall: |
|---|
| 1770 | 1697 | | 1. Define the procedure for documenting supervision by a |
|---|
| 1771 | 1698 | | supervising physician licensed in Oklahoma to practice by the State |
|---|
| 1772 | 1699 | | Board of Medical Licensure and Supervision or the State Board of |
|---|
| 1773 | 1700 | | Osteopathic Examiners as defined in Section 567.3a of this title or |
|---|
| 1774 | 1701 | | by a supervising Advanced Practice Registered Nurse as defined in |
|---|
| 1775 | 1728 | | Section 567.3a of this t itle of a Certified Nurse Practitioner, |
|---|
| 1776 | 1729 | | Clinical Nurse Specialist, or Certified Nurse-Midwife who has not |
|---|
| 1777 | 1730 | | obtained independent prescriptive authority under Section 1 of this |
|---|
| 1778 | 1731 | | act. Such procedure shall include a written statement th at defines |
|---|
| 1779 | 1732 | | appropriate referral, consultation, and collaboration between the |
|---|
| 1780 | 1733 | | Advanced Practice Registered Nurse, recogni zed to prescribe as |
|---|
| 1808 | 1734 | | defined in paragraphs 6 through 9, 11 and 12 of Section 567.3a of |
|---|
| 1809 | 1735 | | this title, and the supervising physician or supervising Advanced |
|---|
| 1810 | 1736 | | Practice Registered Nurse. The written statement shall include a |
|---|
| 1811 | 1737 | | method of assuring availability of the supervising physician or |
|---|
| 1812 | 1738 | | supervising Advanced Practice Registered Nurse through direct |
|---|
| 1813 | 1739 | | contact, telecommunications or other appropriate electronic means |
|---|
| 1814 | 1740 | | for consultation, assistance with medical emergencies, or patient |
|---|
| 1815 | 1741 | | referral. The written statement shall be part of the initial |
|---|
| 1816 | 1742 | | application and the renewal application submitted to the Board for |
|---|
| 1817 | 1743 | | recognition for prescriptive authority for the Advanced Practice |
|---|
| 1818 | 1744 | | Registered Nurse. Changes to the written statement shall be filed |
|---|
| 1819 | 1745 | | with the Board within thirty (30) day s of the change and shall be |
|---|
| 1820 | 1746 | | effective on filing; |
|---|
| 1821 | 1747 | | 2. Define the procedure for documenting independent |
|---|
| 1822 | 1748 | | prescriptive authority for Certified Nurse Practitioners, Clinical |
|---|
| 1823 | 1749 | | Nurse Specialists, and Certified Nurse-Midwives who have obtained |
|---|
| 1824 | 1750 | | independent prescriptive authori ty under Section 1 of this act; |
|---|
| 1825 | 1777 | | 3. Define minimal requirements for initial application for |
|---|
| 1826 | 1778 | | prescriptive authority which shall in clude, but not be limited to, |
|---|
| 1827 | 1779 | | evidence of completion of a minimum of forty-five (45) contact hours |
|---|
| 1828 | 1780 | | or three (3) academic credit hours of education in |
|---|
| 1829 | 1781 | | pharmacotherapeutics, clinical application, and use of |
|---|
| 1830 | 1782 | | pharmacological agents in the prevention of illness , and in the |
|---|
| 1831 | 1783 | | restoration and maintenance of health in a program beyond basic |
|---|
| 1859 | 1784 | | registered nurse preparation, approved by the Board. Such contact |
|---|
| 1860 | 1785 | | hours or academic credits shall be obtained within a time period of |
|---|
| 1861 | 1786 | | three (3) years immediately preceding the da te of application for |
|---|
| 1862 | 1787 | | prescriptive authority ; |
|---|
| 1863 | 1788 | | 3. 4. Define minimal requirements for application for renewal |
|---|
| 1864 | 1789 | | of prescriptive authority which shall include, but not be limited |
|---|
| 1865 | 1790 | | to, documentation of a minimum of: |
|---|
| 1866 | 1791 | | a. fifteen (15) contact hours or one (1) acade mic credit |
|---|
| 1867 | 1792 | | hour of education in pharmacother apeutics, clinical |
|---|
| 1868 | 1793 | | application, and use of pharmacological agents in the |
|---|
| 1869 | 1794 | | prevention of illness, and in the restoration and |
|---|
| 1870 | 1795 | | maintenance of health in a program beyond basic |
|---|
| 1871 | 1796 | | registered nurse preparation, and |
|---|
| 1872 | 1797 | | b. two (2) hours of education in pain management or two |
|---|
| 1873 | 1798 | | (2) hours of education in opioid use or addiction, |
|---|
| 1874 | 1799 | | unless the Advanced Practice Registered Nurse has |
|---|
| 1875 | 1800 | | demonstrated to the satisfaction of the Board that the |
|---|
| 1909 | 1833 | | 4. 5. Require that beginning July 1, 2002, an Advanced Practice |
|---|
| 1910 | 1834 | | Registered Nurse shall demonstrate demonstrates successful |
|---|
| 1911 | 1835 | | completion of a master’s degree or higher in a clinical nurse |
|---|
| 1912 | 1836 | | specialty one of the following Advanced Practice Registered Nurse |
|---|
| 1913 | 1837 | | roles: |
|---|
| 1914 | 1838 | | a. Certified Nurse Pract itioner, |
|---|
| 1915 | 1839 | | b. Clinical Nurse Specialist, or |
|---|
| 1916 | 1840 | | c. Certified Nurse-Midwife, |
|---|
| 1917 | 1841 | | in order to be eligible for initial application fo r prescriptive |
|---|
| 1918 | 1842 | | authority under the provisions of the Oklahoma Nursing Practice Act; |
|---|
| 1919 | 1843 | | 5. 6. Define the method for communicating authority to |
|---|
| 1920 | 1844 | | prescribe or termination of same, and the formulary to the State |
|---|
| 1921 | 1845 | | Board of Pharmacy, all pharmacies, and all registered pharmacists ; |
|---|
| 1922 | 1846 | | 6. 7. Define terminology used in such rules; |
|---|
| 1923 | 1847 | | 7. 8. Define the parameters for the prescribing practices of |
|---|
| 1924 | 1848 | | the Advanced Practice Re gistered Nurse; |
|---|
| 1925 | 1849 | | 8. 9. Define the methods for termination of prescriptive |
|---|
| 1926 | 1850 | | authority for the Advanced Practice Registered N urse; and |
|---|
| 1960 | 1883 | | Formulary Advisory Council shall also develop and |
|---|
| 1961 | 1884 | | submit to the Board recommendations for practice- |
|---|
| 1962 | 1885 | | specific prescriptive standards for each category of |
|---|
| 1963 | 1886 | | Advanced Practice Registered Nurs e recognized to |
|---|
| 1964 | 1887 | | prescribe by the Oklahoma Board of Nursing pursuant to |
|---|
| 1965 | 1888 | | the provisions of the Oklahoma Nursing Practice Act. |
|---|
| 1966 | 1889 | | The Board shall either accept or reject the |
|---|
| 1967 | 1890 | | recommendations made by the Council. No amendments to |
|---|
| 1968 | 1891 | | the recommended exclusionary for mulary may be made by |
|---|
| 1969 | 1892 | | the Board without the approval of the Formulary |
|---|
| 1970 | 1893 | | Advisory Council. |
|---|
| 1971 | 1894 | | b. The Formulary Advisory Council shall be compos ed of |
|---|
| 1972 | 1895 | | twelve (12) members as follo ws: |
|---|
| 1973 | 1896 | | (1) four members, to include a pediatrician, an |
|---|
| 1974 | 1897 | | obstetrician-gynecological physic ian, a general |
|---|
| 1975 | 1898 | | internist, and a family practice physician; |
|---|
| 1976 | 1899 | | provided, that three of such members shall be |
|---|
| 1977 | 1900 | | appointed by the Oklahoma State M edical |
|---|
| 2010 | 1932 | | (3) four members, one of whom shall be a Certified |
|---|
| 2011 | 1933 | | Nurse Practitioner, one of whom shall be a |
|---|
| 2012 | 1934 | | Clinical Nurse Specialist, one of whom shall be a |
|---|
| 2013 | 1935 | | Certified Nurse-Midwife, and one of whom shall be |
|---|
| 2014 | 1936 | | a current member of the Oklahoma Board of |
|---|
| 2015 | 1937 | | Nursing, all of whom shall be appointed by the |
|---|
| 2016 | 1938 | | Oklahoma Board of Nursing. |
|---|
| 2017 | 1939 | | c. All professional members of the Formul ary Advisory |
|---|
| 2018 | 1940 | | Council shall be in active clinical practice, at least |
|---|
| 2019 | 1941 | | fifty percent (50%) of the time, within their defined |
|---|
| 2020 | 1942 | | area of specialty. The members of the Formulary |
|---|
| 2021 | 1943 | | Advisory Council shall serve at the pleasure of the |
|---|
| 2022 | 1944 | | appointing authority for a term o f three (3) years. |
|---|
| 2023 | 1945 | | The terms of the members shall be staggered. Members |
|---|
| 2024 | 1946 | | of the Council may serve beyond the expiration of |
|---|
| 2025 | 1947 | | their term of office until a successor is appointed by |
|---|
| 2026 | 1948 | | the original appointing authority. A vacan cy on the |
|---|
| 2027 | 1949 | | Council shall be filled for the balance of the |
|---|
| 2028 | 1950 | | unexpired term by the original appointing authority. |
|---|
| 2061 | 1982 | | pharmacists and advanced practice registered nurses |
|---|
| 2062 | 1983 | | Advanced Practice Registered Nurses, shall constitute |
|---|
| 2063 | 1984 | | a quorum. The Council shall recommend an d the Board |
|---|
| 2064 | 1985 | | shall approve and impl ement an initial exclusionary |
|---|
| 2065 | 1986 | | formulary on or before January 1, 1997. The Council |
|---|
| 2066 | 1987 | | and the Board shall annually review the approved |
|---|
| 2067 | 1988 | | exclusionary formulary and shall make any necessary |
|---|
| 2068 | 1989 | | revisions utilizing the same procedure s used to |
|---|
| 2069 | 1990 | | develop the initial excl usionary formulary. |
|---|
| 2070 | 1991 | | SECTION 7. AMENDATORY 59 O.S. 2021, Section 567.5a, is |
|---|
| 2071 | 1992 | | amended to read as follows: |
|---|
| 2072 | 1993 | | Section 567.5a. A. All applicants for a license to practice a s |
|---|
| 2073 | 1994 | | an Advanced Practice Registered Nurse shall be subject to Section |
|---|
| 2074 | 1995 | | 567.8 of this title. |
|---|
| 2075 | 1996 | | B. An applicant for an initial license to practice as an |
|---|
| 2076 | 1997 | | Advanced Practice Registered Nurse shall: |
|---|
| 2077 | 1998 | | 1. Submit a completed written application and appropriate fees |
|---|
| 2078 | 1999 | | as established by the Oklahoma Board of Nursing; |
|---|
| 2112 | 2032 | | recognized by the Board. Effective January 1, 2016, the applicant |
|---|
| 2113 | 2033 | | shall have completed an accredited graduate level advanced practice |
|---|
| 2114 | 2034 | | registered nursing education program in at lea st one of the |
|---|
| 2115 | 2035 | | following population foci: family/individual across the lifespan, |
|---|
| 2116 | 2036 | | adult-gerontology, neonatal, pediatrics, women’s health/gender- |
|---|
| 2117 | 2037 | | related, or psychiatric/mental health; |
|---|
| 2118 | 2038 | | 5. Be currently certified in an advanced practice specialty |
|---|
| 2119 | 2039 | | certification consistent with educational preparatio n and by a |
|---|
| 2120 | 2040 | | national certifying body recognized by the Board; and |
|---|
| 2121 | 2041 | | 6. Provide any and all other evidence as required by the Board |
|---|
| 2122 | 2042 | | in its rules. |
|---|
| 2123 | 2043 | | C. The Board may issue a license by endorsement to an Advanced |
|---|
| 2124 | 2044 | | Practice Registered Nurse licensed under the laws of another state |
|---|
| 2125 | 2045 | | if the applicant meets the qualifications for licensure in this |
|---|
| 2126 | 2046 | | state. An applicant by endorsement shall: |
|---|
| 2127 | 2047 | | 1. Submit a completed written application and appr opriate fees |
|---|
| 2128 | 2048 | | as established by the Board ; |
|---|
| 2129 | 2049 | | 2. Hold a current Registered Nurse li cense in this state; |
|---|
| 2163 | 2082 | | registered nursing education program in at least one of the |
|---|
| 2164 | 2083 | | following population foci: family/individual across the lifespan, |
|---|
| 2165 | 2084 | | adult-gerontology, neonatal, pediatrics, women’s health/gender- |
|---|
| 2166 | 2085 | | related, or psychiatric/mental health; |
|---|
| 2167 | 2086 | | 5. Be currently certified in an advanced practice specialty |
|---|
| 2168 | 2087 | | certification consistent with ed ucational preparation and by a |
|---|
| 2169 | 2088 | | national certifying body recognized by the Board; |
|---|
| 2170 | 2089 | | 6. Meet continued competency requirements as set forth in Board |
|---|
| 2171 | 2090 | | rules; and |
|---|
| 2172 | 2091 | | 7. Provide any and all other evidence as required by the Board |
|---|
| 2173 | 2092 | | in its rules. |
|---|
| 2174 | 2093 | | D. The Board may iss ue prescriptive authority recognition by |
|---|
| 2175 | 2094 | | endorsement to an Advanced Practice Reg istered Nurse licensed as an |
|---|
| 2176 | 2095 | | APRN-CNP, APRN-CNS, or APRN-CNM under the laws of another state if |
|---|
| 2177 | 2096 | | the applicant meets the requirements set forth in this section. An |
|---|
| 2178 | 2097 | | applicant for prescriptive authority recognition by endorsement |
|---|
| 2179 | 2098 | | shall: |
|---|
| 2212 | 2130 | | 3. Hold current licensure or recognition as an Advanc ed |
|---|
| 2213 | 2131 | | Practice Registered Nurse in the same role and specialty with |
|---|
| 2214 | 2132 | | prescribing privileges in another state or territory; |
|---|
| 2215 | 2133 | | 4. Submit documentation verifying successful completion of a |
|---|
| 2216 | 2134 | | graduate level advanced practice re gistered nursing education |
|---|
| 2217 | 2135 | | program that included an academic course in pharmacotherapeutic |
|---|
| 2218 | 2136 | | management, and didactic and clinical preparation for prescribing |
|---|
| 2219 | 2137 | | incorporated throughout the program; |
|---|
| 2220 | 2138 | | 5. Submit a written statement from an Oklahoma licensed |
|---|
| 2221 | 2139 | | physician or supervising Advanced Practice Registered Nurse |
|---|
| 2222 | 2140 | | supervising prescriptive authority as required by the Board in its |
|---|
| 2223 | 2141 | | rules, or submit documentation that the applicant meets the |
|---|
| 2224 | 2142 | | requirements for independ ent prescriptive authority under Section 1 |
|---|
| 2225 | 2143 | | of this act; |
|---|
| 2226 | 2144 | | 6. Meet continued competency requirements as set forth in Board |
|---|
| 2227 | 2145 | | rules; and |
|---|
| 2228 | 2146 | | 7. Provide any and all other evidence as required by the Board |
|---|
| 2229 | 2147 | | in its rules. |
|---|
| 2262 | 2179 | | SECTION 8. AMENDATORY 63 O.S. 2021, Section 2-312, as |
|---|
| 2263 | 2180 | | amended by Section 2, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2022, |
|---|
| 2264 | 2181 | | Section 2-312), is amended to read as follows: |
|---|
| 2265 | 2182 | | Section 2-312. A. A physician, podiatrist, optometrist or a |
|---|
| 2266 | 2183 | | dentist who has complied with the registration requirements of the |
|---|
| 2267 | 2184 | | Uniform Controlled Dange rous Substances Act, in good faith and in |
|---|
| 2268 | 2185 | | the course of such person’s professional practice only, may |
|---|
| 2269 | 2186 | | prescribe and administer controlled dangerous substances, or may |
|---|
| 2270 | 2187 | | cause the same to be administered by medical or paramedical |
|---|
| 2271 | 2188 | | personnel acting under the di rection and supervision of the |
|---|
| 2272 | 2189 | | physician, podiatrist, optometrist or dentist, and only may dispense |
|---|
| 2273 | 2190 | | controlled dangerous substances pursuant to the provisions of |
|---|
| 2274 | 2191 | | Sections 355.1 and 355.2 of Title 59 of the Oklahoma Statutes. |
|---|
| 2275 | 2192 | | B. A veterinarian who has comp lied with the registration |
|---|
| 2276 | 2193 | | requirements of the Uniform Controlled Dangerous Substances Act, in |
|---|
| 2277 | 2194 | | good faith and in the course of the professional practice of the |
|---|
| 2278 | 2195 | | veterinarian only, and not for use by a human being, may prescribe, |
|---|
| 2279 | 2196 | | administer, and dispense con trolled dangerous substances and may |
|---|
| 2313 | 2229 | | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife |
|---|
| 2314 | 2230 | | but who has not obtained independent prescriptive authority under |
|---|
| 2315 | 2231 | | Section 1 of this act and therefore is subject to medical direction |
|---|
| 2316 | 2232 | | by a supervising physician, or supervising Advanced Prac tice |
|---|
| 2317 | 2233 | | Registered Nurse pursuant to Section 567.3a of Title 59 of the |
|---|
| 2318 | 2234 | | Oklahoma Statutes, and who has complied with the registration |
|---|
| 2319 | 2235 | | requirements of the U niform Controlled Dange rous Substances Act, in |
|---|
| 2320 | 2236 | | good faith and in the course of professional practice only, may |
|---|
| 2321 | 2237 | | prescribe and administer Schedule III, IV and V controlled dangerous |
|---|
| 2322 | 2238 | | substances. |
|---|
| 2323 | 2239 | | 2. An Advanced Practice Registered Nurse wh o is recognized to |
|---|
| 2324 | 2240 | | prescribe by the Okla homa Board of Nursing as a Certified Nurse |
|---|
| 2325 | 2241 | | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife |
|---|
| 2326 | 2242 | | who has obtained independent prescriptive authority under Section 1 |
|---|
| 2327 | 2243 | | of this act, and who has complied with the regis tration requirements |
|---|
| 2328 | 2244 | | of the Uniform Controlled Dangerous Substances Act, in good faith |
|---|
| 2329 | 2245 | | and in the course of professional practice only, may prescribe and |
|---|
| 2330 | 2246 | | administer Schedule III, IV, and V controlled dangerous substances. |
|---|
| 2364 | 2279 | | Controlled Dangerous Substances Act, in good faith and in the course |
|---|
| 2365 | 2280 | | of such practitioner’s professional practice only, may order, |
|---|
| 2366 | 2281 | | select, obtain and administer S chedules II through V controlled |
|---|
| 2367 | 2282 | | dangerous substances in a preanesthetic preparation or evaluation; |
|---|
| 2368 | 2283 | | anesthesia induction, maintenance or emergence; or postanesthesia |
|---|
| 2369 | 2284 | | care setting only. A certified registered nurse anestheti st |
|---|
| 2370 | 2285 | | Certified Registered Nurse Anesthetist may order, select, obtain and |
|---|
| 2371 | 2286 | | administer such drugs only during the perioperative or |
|---|
| 2372 | 2287 | | periobstetrical period. |
|---|
| 2373 | 2288 | | E. A physician assistant who is recognized to prescribe by the |
|---|
| 2374 | 2289 | | State Board of Medical Licensure and Supe rvision under the medical |
|---|
| 2375 | 2290 | | direction of a supervising physician, pursuant to Section 519.6 of |
|---|
| 2376 | 2291 | | Title 59 of the Oklahoma Statutes, and who has complied w ith the |
|---|
| 2377 | 2292 | | registration requirements of the Uniform Controlled Dangerous |
|---|
| 2378 | 2293 | | Substances Act, in good faith and in the course of professiona l |
|---|
| 2379 | 2294 | | practice only, may prescribe and administe r Schedule II through V |
|---|
| 2380 | 2295 | | controlled dangerous substances. |
|---|
| 2381 | 2296 | | SECTION 9. This act shall become effective November 1, 2023. |
|---|
| 2382 | 2297 | | |
|---|
| 2383 | | - | COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated |
|---|
| 2384 | | - | 04/13/2023 - DO PASS, As Amended and Coauthored. |
|---|
| 2298 | + | ENGR. S. B. NO. 458 Page 47 1 |
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| 2299 | + | 2 |
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| 2322 | + | |
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| 2323 | + | Passed the Senate the 6th day of March, 2023. |
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| 2324 | + | |
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| 2325 | + | |
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| 2326 | + | |
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| 2327 | + | Presiding Officer of the Senate |
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| 2328 | + | |
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| 2329 | + | |
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| 2330 | + | Passed the House of Representatives the ____ day of __________, |
|---|
| 2331 | + | 2023. |
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| 2332 | + | |
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| 2333 | + | |
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| 2334 | + | |
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| 2335 | + | Presiding Officer of the House |
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| 2336 | + | of Representatives |
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| 2337 | + | |
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