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SENATE FLOOR VERSION
February 23, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 597 By: Newhouse of the Senate
and
Hasenbeck of the House
An Act relating to the State Board of Medical
Licensure and Supervision; amending 59 O.S. 2021,
Section 481, which relates to membership of the
Board; allowing graduates of certain foreign medical
schools to serve on the Boar d; allowing retired
physicians to serve on the Board under c ertain
condition; amending 59 O.S. 2021, Section 482 , which
relates to appointment to the Board; limiting certain
restriction on appointment; amending 59 O.S. 2021,
Section 509.1, which relates to disciplinary actions;
making letters of concern privileged; requiring Board
to keep certain information confidenti al and
privileged; permitting information to be off ered in
certain proceedings; providing certain exclusions
from specified law and proceedings; authorizing
certain provision of information under specified
conditions; amending 59 O.S. 2021, Section 503. 2,
which relates to administrative remedies for lic ensee
violations; specifying applicability of remedies;
amending 59 O.S. 2021, Section 536.8 , which relates
to Registered Electrologist s; eliminating certain
requirements for licensees and county clerks; making
language gender neutral; amending 59 O.S. 2021,
Sections 2030 and 3203, which relate to duties of the
Board; excluding social security number from certain
information sharing requirements; establishing
Anesthesiologist Assistants Advisory Committee ;
providing for appointment of members, expiration of
terms, and filling of vacancies ; prohibiting and
requiring certain compensation; stating powers and
duties; amending 59 O.S. 2021, Section 4000.1, as
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amended by Section 1, Chapter 279, O.S.L. 2022 (59
O.S. Supp. 2022, Section 4000.1), which relates to
grounds for denial of a license or certification to
practice an occupation; modifying applicability of
section; updating statutory la nguage; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 481, is
amended to read as follows:
Section 481. A. A State Board of Medical Licensure and
Supervision hereinafter referred to as the “Board”, is hereby re-
created, to continue until July 1, 2024, in accordance with the
provisions of the Oklahoma Sunset Law. The Board shall be composed
of seven (7) allopathic physicians licensed to practice medicine in
this state and represent the public an d four (4) lay members.
B. The physician members of the Board shall be graduates of
legally chartered medical schools recognized by the O klahoma State
Regents for Higher Education or the Liaison Council Committee on
Medical Education or foreign medical schools recognized by the State
Board of Medical Licensure and Supervision . The physician members
shall have:
1. Be currently licensed physicians wh o have actively practiced
as licensed physicians continuously in this state for the three (3)
years immediately preceding their appointment to the Board; or
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2. Be retired physicians; provided, that such physicians must
demonstrate satisfactorily to the Bo ard that since retirement they
have remained in compliance with, and are currently in compliance
with, continuing medical education requirements of the Board.
C. All members of the Board shall be residents of this state
and shall be appointed by the Gover nor as provided for in Section
482 of this title. All present members of the Board shall co ntinue
to serve for the remainder of their current terms.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 482, is
amended to read as follows:
Section 482. Physician members of the State Board of Medical
Licensure and Supervision shall be appointed f or terms of seven (7)
years. The lay members of the Board shall serve t erms coterminous
with that of the Governor and until a qualifi ed successor has been
duly appointed and shall serve at the pleasure of the Governor. No
member shall be appointed to ser ve more than two complete
consecutive terms. Each physician member shal l hold office until
the expiration of the term for which appoi nted or until a qualified
successor has been duly appointed. An appointment shall be made by
the Governor within ninety ( 90) days after the expiration of the
term of any member or the occurrenc e of a vacancy on the Board due
to resignation, death, or any cause resulting in an unexpired term.
The appointment of allopathic physicians shall be made from a list
of three names submitted to the Governor by the Oklahoma State
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Medical Association. The Association may submit names of members or
nonmembers of the Association. No member of the Board shall be a
stockholder in or full-time salaried or full -time geographic member
of the faculty or board of trustees of any medical school.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 509.1, is
amended to read as follows:
Section 509.1. A. RANGE OF ACTIONS: The State Board of
Medical Licensure and Supervision may impose disciplinary actions in
accordance with the severity of violatio n of the Oklahoma Allopathic
Medical and Surgical Licensure and Superv ision Act. Disciplinary
actions may include, but are not limited to the following:
1. Revocation of the medical license with or without the right
to reapply;
2. Suspension of the medi cal license;
3. Probation;
4. Stipulations, limitations, restriction s, and conditions
relating to practice;
5. Censure, including specific redress, if appropri ate;
6. Reprimand;
7. A period of free public or charity ser vice;
8. Satisfactory completio n of an educational, training, and/or
treatment program or programs; a nd
9. Administrative fines of up to Five Thousand Dollars
($5,000.00) per violation.
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Provided, as a condition of disciplinary action sanctions, the Board
may impose as a condition of an y disciplinary action, the payment of
costs expended by the Board for any legal fees and costs and
probation and monitoring fees including, but not limited to, st aff
time, salary and travel expense, witness fees and attorney fees.
The Board may take such actions singly or in combination as the
nature of the violation requir es.
B. LETTER OF CONCERN: The Board may authorize the secretary to
issue a confidential and privileged letter of concern to a licensee
when evidence does not warrant formal proceedings , but the secretary
has noted indications of possible errant conduct that co uld lead to
serious consequences and formal action. The letter of concern may
contain, at the secretary’s discretion, clarifying information from
the licensee.
C. EXAMINATION/EVALUATION: The Board may, upon reasonable
cause, require professional compete ncy, physical, mental, or
chemical dependency examinations of any licensee, including
withdrawal and laborat ory examination of body fluids.
D. DISCIPLINARY ACTION AGAINST LICENSEE S:
1. The Board shall promulgate rules describing acts of
unprofessional or unethical conduct by physicians pursuant to the
Oklahoma Allopathic Medical and Surgi cal Licensure and Supe rvision
Act; and
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2. Grounds for Action: The Board may take disciplinar y action
for unprofessional or unethical conduct as deemed appropriate based
upon the merits of each case and as set out by rule. The Board
shall not revoke the license of a person ot herwise qualified to
practice allopathic medicine within the meaning of the Oklahoma
Allopathic Medical and Surgical Licensure and Supervision Act s olely
because the person’s practice or a therapy is experimental or
nontraditional.
Reports of all disciplin ary action provided for in this section
will be available to the public upon request. Investigative files
shall remain confidential and privileged. The Board, its employees,
or other agents of the Board shall keep confidential and p rivileged
all information that initiated, was obtained during, or is related
to an investigation into possible violations of any and all acts
governing any and all profes sional licensees under the l egislative
jurisdiction of the State Board of Medical Lice nsure and
Supervision. However, such information may be offer ed by the state
in administrative proceedings before the Board and if admitted the
information then becomes a public record. Unless adm itted into
administrative proceedings, the information sha ll not be deemed to
be a record as that term is defined in the Oklahoma Open Records
Act, nor shall the information be subject to subpoena or discovery
in any civil or criminal proceedings, except that the Board may give
such information to law enforcement and other state agenc ies as
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necessary and appropriate in the discharge of the duties of that
agency and only under circumstances that ensure against unauthorized
access to the information.
E. SURRENDER IN LIEU O F PROSECUTION:
1. The Board may accept a s urrender of license fr om a licensee
who has engaged in unprofe ssional conduct in lieu of Board staff
prosecuting a pending disciplinary action or filing formal
disciplinary proceedings only as provided in this sec tion. To
effect such a surrender, the lice nsee must submit a swo rn statement
to the Board:
a. expressing the licensee’s desire to surrender the
license,
b. acknowledging that the surrender is freely and
voluntarily made, that the licensee has not been
subjected to coercion or duress, and that the licensee
is fully aware of the consequences of the license
surrender,
c. stating that the lice nsee is the subject of an
investigation or proceeding by the Board or a law
enforcement or other regulatory agency invo lving
allegations which, if proven, would c onstitute grounds
for disciplinary action by the Board, and
d. specifically admitting to and d escribing the
misconduct.
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2. The sworn written statement must be submitted with the
licensee’s wallet card and wall ce rtificate. The Secretary or
Executive Director of the Board may accept the sworn statement,
wallet card and wall certificate from a lice nsee pending formal
acceptance by the Board. The issuance of a complaint an d citation
by the Board shall not be necess ary for the Board to accept a
surrender under this subsection. A surrender under this subsection
shall be considered disciplinary action by the Board in all cases,
even in cases where surrender occurs prior to th e issuance of a
formal complaint and citati on, and shall be reported as disciplinary
action by the Board to the public and any other entity to whom the
Board regularly reports disc iplinary actions.
3. As a condition to acceptance of the surrender, the Boa rd may
require the licensee to pay the cost s expended by the Board for any
legal fees and costs and any inve stigation, probation and monitoring
fees including, but not limited to, staff time, salary and travel
expense, witness fees and attorney fees.
4. The licensee whose surrender in lieu of pros ecution is
accepted by the Board shall be i neligible to reapply f or
reinstatement of his or her license f or at least one (1) year from
the date of the accepted surrender.
F. ALL LICENSED PROFESSIONALS: All disci plinary actions
defined in this section are applicable to any and all professional
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licensees under the legis lative jurisdiction of the State Board o f
Medical Licensure and Supervis ion.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 5 03.2, is
amended to read as follows:
Section 503.2. A. The State Board of Medical Licensure and
Supervision may promulgate rules to create administrative remedies
for licensee violations of statutory or regulatory prescribed
unprofessional conduct.
B. The Board is authorized to prescribe by rule administrative
remedies, disciplinary actions and admini strative procedures to
provide remedies and disciplinary actions for licensee vi olations of
statutory or regulatory prescribed unprofessional conduct, to
include fines up to the limits otherwise prescribed by statute or
rule.
C. Any such administrative ac tion rules promulgated by the
Board shall provide procedure:
1. For the licensee to contest or dispute any administrative
action;
2. For procedures for re solution of any such contest or
dispute; and
3. For appropriate protection of private information c onsistent
with state and federal law.
D. ALL LICENSED PROFESSIONALS: All administrative remedies
defined in this section are applicable to any and all pro fessional
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licensees under the legislative jurisdiction of the State Board of
Medical Licensure and S upervision.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 536.8, is
amended to read as follows:
Section 536.8. A. Every person who is licensed pursuant to the
provisions of the Registered Electrologist Act and who is licensed
to practice electrolysis in this state shall registe r the license
with the county clerk of the county in which said person has legal
residence. The county clerk to whom such license is presented shall
register the name and address of the person designated in the
license, together with the date and the numb er inscribed thereon,
which record shall be open to the public, and shall file with the
Board annually, during the month of February, a notice of the record
so made.
B. Every person who is licensed pursuant to t he provisions of
the Registered Electrologis t Act to practice electrolysi s in this
state shall keep said the license displayed in his place of business
as long as he or she is engaged in the practice of electrolysis.
The receipt for the annual renewal of lice nse shall be kept at such
person’s place of business and shall be shown to any p erson
requesting to see th e same. The licensee shall keep the Bo ard
informed of his or her current address. A license issued by the
Board is the property of the Board and sha ll be surrendered on
demand of the Board.
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SECTION 6. AMENDATORY 59 O.S. 2021, Section 2 030, is
amended to read as follows:
Section 2030. The State Board of Medical Licensure and
Supervision shall:
1. Examine, license and renew t he licenses of duly qualified
applicants;
2. Maintain an up-to-date list of every person licensed to
practice respiratory care pursuant to the Respiratory Care Pract ice
Act. The list shall show the licensee ’s last-known place of
employment, last-known place of residence, and the date and numbe r
of the license;
3. Cause the prosecution of all persons violating the
Respiratory Care Practi ce Act and incur necessary exp enses therefor;
4. Keep a record of all proceedings of the Board and make such
record available to the public for inspection during reasonable
business hours;
5. Conduct hearings upon charges calling f or discipline of a
licensee, or denial, revocation or suspension of a license; and
6. Share information on a case -by-case basis of any person
whose license has been suspended, revoke d or denied. This
information shall include the n ame, social security nu mber, type and
cause of action, date and penalty incu rred, and the length of
penalty. This information shall be available for public inspectio n
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during reasonable business hours and s hall be supplied to similar
boards in other states upon request.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 3203, is
amended to read as follows:
Section 3203. The State Board of Medical Li censure and
Supervision shall:
1. Examine, license and renew the licenses of duly qualifi ed
applicants;
2. Maintain an up-to-date list of every person licensed to
practice pursuant to the O klahoma Anesthesiologist Assistant Act.
The list shall show the licensee’s last-known place of employmen t,
last-known place of residence, and the date and number of the
license;
3. Cause the prosecution of all perso ns violating the Oklahoma
Anesthesiologist Assistant Act and incur necessary expenses
therefor;
4. Keep a record of all proceedings of the Boar d and make such
record available to the public for inspection during reas onable
business hours;
5. Conduct hearings upon charges calling for disciplin e of a
licensee, or denial, revocation or suspension of a license ; and
6. Share information on a case -by-case basis of any person
whose license has been s uspended, revoked or de nied. The
information shall include th e name, social security number, type and
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cause of action, date and penalty incurred, and the length of
penalty. The information shall be availa ble for public inspection
during reasonable busine ss hours and shall be s upplied to similar
boards in other stat es upon request.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3209 of Title 59, unless there
is created a duplication in num bering, reads as follows:
A. There is hereby established the Anesthesiolog ist Assistants
Advisory Committee to advise the State Board of Medical Licensure
and Supervision on matters pertaining to the licen sure, education,
and continuing education of licen sed anesthesiologist assistants and
the practice of anesthesiolog ist assistants.
B. The Board shall appoint five (5) members to the
Anesthesiologist Assistants Advisory Committee as follows:
1. Three members shall be qualified physicians who have been
actively practicing anesthesiology in this stat e for at least five
(5) years; and
2. Two members shall be licensed anesthesiolog ist assistants
who have been actively p racticing as an anesthesiologist assistant
in this state for at least three (3) years.
C. The physician members of the Committee shall be appointed
for staggered terms of one (l), two (2), and three (3) years,
respectively.
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D. Terms of office of each app ointed member shall expire July 1
of that year in which they expire regardless of the cale ndar date
when such appointments were made. Subsequent appointments shall be
made for a term of three (3) years or until successors are appointed
and qualified.
E. Vacancies shall be filled by the Board i n the same manner as
the original appointment.
F. Members of the Committee shall serve without c ompensation,
except that members shall be reimbursed for necessary travel
expenses incurred in the performance of their duties in accordance
with the State Travel Reimbursement Act.
G. The Committee shall have the power and duty to:
1. Meet at least twice a year or as otherwise called by the
Board; and
2. Advise the Board on matters pertaining to the licensure,
education, and continuing education requirements for and the
practice of anesthesiolog ist assistants in this state.
SECTION 9. AMENDATORY 59 O.S. 2021, Section 4000.1, as
amended by Section 1, Chapter 279, O.S.L. 2022 (59 O.S. Su pp. 2022,
Section 4000.1), is amended to read as follows:
Section 4000.1. A. As used in this section:
1. “Substantially relate” means the nature of the crim inal
conduct for which the person was conv icted has a direct bearing on
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the fitness or ability to perfo rm one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Pose a reasonable threat” means the nature of the crimin al
conduct for which the person was convic ted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
B. Notwithstanding any other provision of law, a conviction,
plea of guilty or nolo contendere, or pending criminal charge of a
crime may be grounds for the denial of an applicant for a state
license or state certification to practice an occupation only if the
underlying offense substantially relates to the duties and
responsibilities of th e occupation and poses a reasonable threat to
public safety, health, or welfare. When making a determination
pursuant to this subsection, a licensing or certification authority
shall consider:
1. The nature and seriousness of the offense;
2. The amount of time that has pas sed since the offense;
3. The age of the person at the time the offense was committed;
4. Evidence relevant to the circumstances of the offense
including any aggravating or mitigating circumstances of social
conditions surrounding the commission of th e offense;
5. The nature of th e specific duties and responsibilities for
which the license or certification is required; and
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6. Any evidence of rehabilitation submitted by the applicant
including, but not limited to, evi dence related to the person’s
compliance with any conditions of community supervision, parole, or
mandatory supervision, the conduct and work activity of the person,
programming, or treatment undertaken by the person, and testimonials
or personal reference statements.
C. Notwithstanding any other provision of law, a l icensing or
certification authority shall not deny a state license or state
certification to practice an occupation due to:
1. An arrest that was not followed by a valid plea of guilty or
nolo contendere unless charges are curren tly pending;
2. A conviction that has been sealed, or expunged;
3. A conviction or plea of guilty or nolo contendere for which
more than five (5) years have elapsed since the date of conviction,
plea, or release from incarceration, whichever is later, so long as
the person has not be en convicted of a new crime. This paragraph
shall not apply to any conviction or plea of guilty or nolo
contendere for:
a. an offense enumerated in Section 571 of Title 57 of
the Oklahoma Statutes,
b. a felony involving domestic assault, domestic assault
and battery, or domest ic abuse as defined in Section
644 of Title 21 of the Oklahoma Statutes,
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c. an offense that would require registration as a sex
offender pursuant to the Sex Offenders Registration
Act, or
d. any equivalent law enumerated in this paragraph from
another jurisdiction; or
4. A finding that an applicant lacks good character or fails to
meet any other similarly vague standard where a criminal conviction
is the basis for the finding.
D. Before a state licensing or state certification authority
makes a final determi nation that a criminal conviction, plea of
guilty or nolo conten dere, or pending criminal charge may disqualify
an applicant for licensure, that authority shall provide written
notice of:
1. The specific offense that is the basis for the intended
denial;
2. The reasons the offense was determined to substantially
relate to the duties and responsibilities of the occupation and
posed a reasonable threat t o public safety, health, or welfare,
including findings for each of the factors in subsection B of this
section that the licensing or certification authority deemed
relevant to the determination; and
3. The right to submit additional evidence relevant to each of
the factors listed in subsection B of this section within thirty
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(30) days, which the licensing or certification authority shall
consider before issuing a final determination.
E. A final determination that a criminal conviction, plea of
guilty or nolo contendere, or pending criminal charge may prevent a
person from receiving a license shall be in wri ting and include
notice of the right to appeal the determination pursuant to the
Administrative Procedures Act, or a more specific statutory
authority, and notice of the earliest date the applicant may reapply
for a license.
F. A person with a criminal history record may request a
determination of whether his or her c riminal history record may
disqualify him or her from obtaining the desired l icense or
certification in the occupation from a state licensing or state
certification authority at any time, including before obtaining any
required education or training for such occupation. The request
shall be in writing and shall include either a copy of the person’s
criminal history record with explanation of each conviction
mentioned in the criminal history record or a statement describing
each criminal conviction including the date of each conviction, the
court of jurisdiction and the sentence imposed. The person may
include a statement with h is or her request describing additional
information for consideration by the licensing or certification
authority including, but not limited to, information relevant to any
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of the factors for consideration described in subsection B of this
section.
G. Upon receipt of a written request for consideration of a
criminal history record for an occupation as provided in subsection
F of this section, the licensing or certification authority shall
evaluate the request and make a determination based upon the
information provided in such request whether the stated con viction
is a disqualifying offense for the occupation. A notice of the
determination shall be issued to the petitioner within sixty (60)
days from the date such request was received by the licensing or
certification authority,; except, however, a licensing or
certification authority regulating fifty thousand or more members in
its occupation shall be allowed ninety (90) days to make its initial
determination and issue notice to the requestor.
H. A determination made pursuant to subsection F of this
subsection that a person may not be disqualified for licensure or
certification due to criminal history shall be binding upon a
licensing or certification authority unless, at the time a full
application for a license is submitted, the applicant has
subsequently pled guilty or nolo contendere to a crime, has pending
criminal charges, or has previously undisclosed criminal
convictions.
I. The notice of a determination made pursuant to subsect ion F
of this section shall be in writing and mailed to the requ estor at
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the address provided in his or her request, and shall contain the
following statements:
1. Whether the person is eligible for licensure or
certification in the occup ation at the current time based upon t he
information submitted by the req uestor;
2. Whether there is a disqualifying offense that would
disqualify the person from engaging in the occupation at the current
time and a statement identifying such offense in the criminal
history record or information submitted for consideration;
3. Any actions the person may take to remedy a
disqualification, if any;
4. The earliest date the person may submit another request for
consideration, if any; and
5. A statement that the determination may be rescinded if, at
the time a full application for a license is submitted, the
applicant has subsequently pled guilty or nolo contendere to a
crime, has pending criminal charges, or has previously undisclosed
criminal convictions.
J. A state entity charged with oversight of an occupational
license or certification may promulgate forms for requests for
determinations for the occupation as authorized in subsection F of
this section. Each state licensing or certification authority may
charge a fee not to exceed Ninety -five Dollars ($95.00) for each
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initial determination of eligibility i t makes for the occupation
based upon the information provided by the requestor.
K. Each state licensing or state certification authority shall
include in its application for a license or certification and
publish on its public website the following information:
1. Whether the criminal offenses of applicants may be used as a
basis for denial;
2. If criminal history may be used as a basis for denial as
listed in subsection B of this section, which offenses the licensing
or certification authority shall consider; and
3. Notice of the right to request a determination pursuant to
subsection F of this section.
L. Each state licensing or state certification authority
authorized to consider the criminal conviction of an applicant shall
annually provide to the Legislature, and publish on its public
website, the following:
1. The number of license applications received;
2. The number of applications that resulted in a license being
granted;
3. The number of applications that resulted in a license being
denied;
4. The number of applications that were denied due to criminal
history;
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5. A list of criminal offenses reported by individuals who were
granted a license;
6. A list of criminal offenses reported b y individuals who were
denied a license due t o criminal history along with the time elapsed
since the commission of the offense; and
7. The number of petitions received by the licensing or
certification authority pursuant to subsection F of this section.
M. The provisions of this section sha ll not be construed to
apply to the Council on Law Enforcement Education and Training, the
Bail Bonds Division of the Oklahoma Insurance Department, the State
Board of Education, the State Board of Medical Licensure and
Supervision, or individuals applying to these authorities for
licensure or certification.
SECTION 10. This act shall bec ome effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 23, 2023 - DO PASS AS AMENDED BY CS