Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB597 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	ENGR. S. B. NO. 597 Page 1 1
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28		-
29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legislature (2023)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 597 By: Newhouse of the Senate
37	30
38	31		and
39	32
40	33		Hasenbeck of the House
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45	38		An Act relating to the State Board of Medical
46	39		Licensure and Supervision; amending 59 O.S. 2021,
47	40		Section 481, which relates to membership of the
48	41		Board; allowing graduates of certain foreign medical
49	42		schools to serve on the Boar d; allowing retired
50	43		physicians to serve on the Board under c ertain
51	44		condition; amending 59 O.S. 2021, Section 482 , which
52	45		relates to appointment to the Board; limiting certain
53	46		restriction on appointment; amending 59 O.S. 2021,
54	47		Section 509.1, which relates to disciplinary actions;
55	48		making letters of concern privileged; requiring Board
56	49		to keep certain information confidenti al and
57	50		privileged; permitting information to be off ered in
58	51		certain proceedings; providing certain exclusions
59	52		from specified law and proceedings; authorizing
60	53		certain provision of information under specified
61	54		conditions; amending 59 O.S. 2021, Section 503. 2,
62	55		which relates to administrative remedies for lic ensee
63	56		violations; specifying applicability of remedies;
64	57		amending 59 O.S. 2021, Section 536.8 , which relates
65	58		to Registered Electrologist s; eliminating certain
66	59		requirements for licensees and county clerks; making
67	60		language gender neutral; amending 59 O.S. 2021,
68	61		Sections 2030 and 3203, which relate to duties of the
69	62		Board; excluding social security number from certain
70	63		information sharing requirements; establishing
71	64		Anesthesiologist Assistants Advisory Committee ;
72	65		providing for appointment of members, expiration of
73	66		terms, and filling of vacancies; prohibiting and
74	67		requiring certain compensation; stating powers and
75	68		duties; amending 59 O.S. 2021, Section 4000.1, as
	69	+	amended by Section 1, Chapter 279, O.S.L. 2022 (59
	70	+	O.S. Supp. 2022, Section 4000.1), which relates to
	71	+	grounds for denial of a license or certification to
	72	+	practice an occupation; modifying applicability of
	73	+	section; updating statutory la nguage; providing for
	74	+	codification; and providing an effective date .
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77		-	SB597 HFLR Page 2
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	76	+	ENGR. S. B. NO. 597 Page 2 1
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103		-	amended by Section 1, Chapter 279, O.S.L. 2022 (59
104		-	O.S. Supp. 2022, Section 4000.1), which relates to
105		-	grounds for denial of a license or certification to
106		-	practice an occupation; modifying applicability of
107		-	section; updating statutory la nguage; providing for
108		-	codification; and providing an effective date.
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113	105		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
114	106		SECTION 1. AMENDATORY 59 O.S. 2021, Section 481, is
115	107		amended to read as follows:
116	108		Section 481. A. A State Board of Medical Licensure and
117	109		Supervision hereinafter referred to as the “Board”, is hereby re-
118	110		created, to continue until July 1, 2024 , in accordance with the
119	111		provisions of the Oklahoma Sunset Law. The Board shall be composed
120	112		of seven (7) allopathic physicians licensed to practice medicine in
121	113		this state and represent the public an d four (4) lay members.
122	114		B. The physician members of the Board shall be graduates of
123	115		legally chartered medical schools recognized by the O klahoma State
124	116		Regents for Higher Education or the Liaison Council Committee on
125	117		Medical Education or foreign medical schools recognized by the State
126	118		Board of Medical Licensure and Supervision. The physician members
127	119		shall have:
128	120		1. Be currently licensed physicians wh o have actively practiced
129	121		as licensed physicians continuously in this state for the three (3)
130	122		years immediately preceding their appointment to the Board; or
	123	+	2. Be retired physicians; provided, that such physicians must
	124	+	demonstrate satisfactorily to the Bo ard that since retirement they
	125	+	have remained in compliance with, and are currently in compliance
	126	+	with, continuing medical education requirements of the Board.
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132		-	SB597 HFLR Page 3
133		-	BOLD FACE denotes Committee Amendments. 1
	128	+	ENGR. S. B. NO. 597 Page 3 1
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158		-	2. Be retired physicians; provided, that such physicians must
159		-	demonstrate satisfactorily to the Bo ard that since retirement they
160		-	have remained in compliance with, and are curr ently in compliance
161		-	with, continuing medical education requirements of the Board.
162	153		C. All members of the Board shall be residents of this state
163	154		and shall be appointed by the Gover nor as provided for in Section
164	155		482 of this title. All present members of the Board shall co ntinue
165	156		to serve for the remainder of their current terms.
166	157		SECTION 2. AMENDATORY 59 O.S. 2021, Section 482, is
167	158		amended to read as follows:
168	159		Section 482. Physician members of the State Board of Medical
169	160		Licensure and Supervision shall be appointed f or terms of seven (7)
170	161		years. The lay members of the Board shall serve terms coterminous
171	162		with that of the Governor and until a qualifi ed successor has been
172	163		duly appointed and shall serve at the pleasure of the Governor. No
173	164		member shall be appointed to ser ve more than two complete
174	165		consecutive terms. Each physician member shall hold office until
175	166		the expiration of the term for which appoi nted or until a qualified
176	167		successor has been duly appointed. An appointment shall be made by
177	168		the Governor within ninety ( 90) days after the expiration of the
178	169		term of any member or the occurrence of a vacancy on the Board due
179	170		to resignation, death, or any cause resulting in an unexpired term.
180	171		The appointment of allopathic physicians shall be made from a list
181	172		of three names submitted to the Governor by the Oklahoma State
	173	+	Medical Association. The Association may submit names of members or
	174	+	nonmembers of the Association. No member of the Board shall be a
	175	+	stockholder in or full-time salaried or full -time geographic member
	176	+	of the faculty or board of trustees of any medical school.
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183		-	SB597 HFLR Page 4
184		-	BOLD FACE denotes Committee Amendments. 1
	178	+	ENGR. S. B. NO. 597 Page 4 1
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209		-	Medical Association. The Association may submit names of members or
210		-	nonmembers of the Association. No member of the Board shall be a
211		-	stockholder in or full-time salaried or ful l-time geographic member
212		-	of the faculty or board of trustees of any medical school.
213	203		SECTION 3. AMENDATORY 59 O.S. 2021, Section 509.1, is
214	204		amended to read as follows:
215	205		Section 509.1. A. RANGE OF ACTIONS: The State Board of
216	206		Medical Licensure and Supervision may impose disciplinary actions in
217	207		accordance with the severity of violation of the Oklahoma Allopathic
218	208		Medical and Surgical Licensure and Superv ision Act. Disciplinary
219	209		actions may include, but are not limited to the following:
220	210		1. Revocation of the medical license with or without the right
221	211		to reapply;
222	212		2. Suspension of the medical license;
223	213		3. Probation;
224	214		4. Stipulations, limitations, restriction s, and conditions
225	215		relating to practice;
226	216		5. Censure, including specific redress, if appropri ate;
227	217		6. Reprimand;
228	218		7. A period of free public or charity ser vice;
229	219		8. Satisfactory completion of an educational, training, and/or
230	220		treatment program or programs; a nd
231	221		9. Administrative fines of up to Five Thousand Dollars
232	222		($5,000.00) per violation.
	223	+	Provided, as a condition of disciplinary action sanctions, the Board
	224	+	may impose as a condition of any disciplinary action, the payment of
	225	+	costs expended by the Board for any legal fees and costs and
	226	+	probation and monitoring fees including, but not limited to, st aff
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234		-	SB597 HFLR Page 5
235		-	BOLD FACE denotes Committee Amendments. 1
	228	+	ENGR. S. B. NO. 597 Page 5 1
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260		-	Provided, as a condition of disciplinary action sanctions, the Board
261		-	may impose as a condition of any disciplinary action, the payment of
262		-	costs expended by the Board for any legal fees and costs and
263		-	probation and monitoring fees including, but not limit ed to, staff
264	253		time, salary and travel expense, witness fees and attorney fees.
265	254		The Board may take such actions singly or in combination as the
266	255		nature of the violation requir es.
267	256		B. LETTER OF CONCERN: The Board may authorize the secretary to
268	257		issue a confidential and privileged letter of concern to a licensee
269	258		when evidence does not warrant formal proceedings, but the secretary
270	259		has noted indications of possible errant conduct that co uld lead to
271	260		serious consequences and formal action. The letter of concern may
272	261		contain, at the secretary’s discretion, clarifying information from
273	262		the licensee.
274	263		C. EXAMINATION/EVALUATION: The Board may, upon reasonable
275	264		cause, require professional compete ncy, physical, mental, or
276	265		chemical dependency examinations of any licensee, including
277	266		withdrawal and laborat ory examination of body fluids.
278	267		D. DISCIPLINARY ACTION AGAINST LICENSEES:
279	268		1. The Board shall promulgate rules describing acts of
280	269		unprofessional or unethical conduct by physicians pursuant to the
281	270		Oklahoma Allopathic Medical and Surgi cal Licensure and Supe rvision
282	271		Act; and
	272	+	2. Grounds for Action: The Board may take disciplinary action
	273	+	for unprofessional or unethical conduct as deemed appropriate based
	274	+	upon the merits of each case and as set out by rule. The Board
	275	+	shall not revoke the license of a person ot herwise qualified to
	276	+	practice allopathic medicine within the meaning of the Oklahoma
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284		-	SB597 HFLR Page 6
285		-	BOLD FACE denotes Committee Amendments. 1
	278	+	ENGR. S. B. NO. 597 Page 6 1
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310		-	2. Grounds for Action: The Board may take disciplinary action
311		-	for unprofessional or unethical conduct as deemed appropriate based
312		-	upon the merits of each case and as set out by rule. The Board
313		-	shall not revoke the license of a person ot herwise qualified to
314		-	practice allopathic medicine within the meaning of the Oklahoma
315	303		Allopathic Medical and Surgical Licensure and Supervision Act s olely
316	304		because the person’s practice or a therapy is experimental or
317	305		nontraditional.
318	306		Reports of all disciplin ary action provided for in this section
319	307		will be available to the public upon request. Investigative files
320	308		shall remain confidential and privileged. The Board, its employees,
321	309		or other agents of the Board shall keep confidential and p rivileged
322	310		all information that initiated, was obtained during, or is related
323	311		to an investigation into possible violations of any and all acts
324	312		governing any and all profes sional licensees under the l egislative
325	313		jurisdiction of the State Board of Medical Lice nsure and
326	314		Supervision. However, such information may be offer ed by the state
327	315		in administrative proceedings before the Board and if admitted the
328	316		information then becomes a public record. Unless adm itted into
329	317		administrative proceedings, the information sha ll not be deemed to
330	318		be a record as that term is defined in the Oklahoma Open Records
331	319		Act, nor shall the information be subject to subpoena or discovery
332	320		in any civil or criminal proceedings, except that the Board may give
333	321		such information to law enforcement and other state agenc ies as
	322	+	necessary and appropriate in the discharge of the duties of that
	323	+	agency and only under circumstances that ensure against unauthorized
	324	+	access to the information.
	325	+	E. SURRENDER IN LIEU O F PROSECUTION:
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336		-	BOLD FACE denotes Committee Amendments. 1
	327	+	ENGR. S. B. NO. 597 Page 7 1
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361		-	necessary and appropriate in the discharge of the duties of that
362		-	agency and only under circumstances that ensure against unauthorized
363		-	access to the information.
364		-	E. SURRENDER IN LIEU O F PROSECUTION:
365	352		1. The Board may accept a s urrender of license fr om a licensee
366	353		who has engaged in unprofe ssional conduct in lieu of Board staff
367	354		prosecuting a pending disciplinary action or filing formal
368	355		disciplinary proceedings only as provided in this sec tion. To
369	356		effect such a surrender, the lice nsee must submit a swo rn statement
370	357		to the Board:
371	358		a. expressing the licensee’s desire to surrender the
372	359		license,
373	360		b. acknowledging that the surrender is freely and
374	361		voluntarily made, that the licensee has not been
375	362		subjected to coercion or duress, and that the licensee
376	363		is fully aware of the consequences of the license
377	364		surrender,
378	365		c. stating that the licensee is the subject of an
379	366		investigation or proceeding by the Board or a law
380	367		enforcement or other regulatory agency invo lving
381	368		allegations which, if proven, would c onstitute grounds
382	369		for disciplinary action by the Board, and
383	370		d. specifically admitting to and describing the
384	371		misconduct.
	372	+	2. The sworn written statement must be submitted with the
	373	+	licensee’s wallet card and wall ce rtificate. The Secretary or
	374	+	Executive Director of the Board may accept the sworn statement,
	375	+	wallet card and wall certificate from a licensee pending formal
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386		-	SB597 HFLR Page 8
387		-	BOLD FACE denotes Committee Amendments. 1
	377	+	ENGR. S. B. NO. 597 Page 8 1
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412		-	2. The sworn written statement must be submitted with the
413		-	licensee’s wallet card and wall ce rtificate. The Secretary or
414		-	Executive Director of the Board may accept the sworn statement,
415		-	wallet card and wall certificate from a licensee pending formal
416	402		acceptance by the Board. The issuance of a complaint an d citation
417	403		by the Board shall not be necess ary for the Board to accept a
418	404		surrender under this subsection. A surrender under this subsection
419	405		shall be considered disciplinary action by the Board in all cases,
420	406		even in cases where surrender occurs prior to th e issuance of a
421	407		formal complaint and citati on, and shall be reported as disciplinary
422	408		action by the Board to the public and any other entity to whom the
423	409		Board regularly reports disciplinary actions.
424	410		3. As a condition to acceptance of the surrender, the Boa rd may
425	411		require the licensee to pay the cost s expended by the Board for any
426	412		legal fees and costs and any inve stigation, probation and monitoring
427	413		fees including, but not limited to, staff time, salary and travel
428	414		expense, witness fees and attorney fees.
429	415		4. The licensee whose surrender in lieu of pros ecution is
430	416		accepted by the Board shall be i neligible to reapply f or
431	417		reinstatement of his or her license f or at least one (1) year from
432	418		the date of the accepted surrender.
433	419		F. ALL LICENSED PROFESSIONALS: All disci plinary actions
434	420		defined in this section are applicable to any and all professional
	421	+	licensees under the legis lative jurisdiction of the State Board o f
	422	+	Medical Licensure and Supervision.
	423	+	SECTION 4. AMENDATORY 59 O.S. 2021, Section 5 03.2, is
	424	+	amended to read as follows:
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436		-	SB597 HFLR Page 9
437		-	BOLD FACE denotes Committee Amendments. 1
	426	+	ENGR. S. B. NO. 597 Page 9 1
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462		-	licensees under the legis lative jurisdiction of the State Board o f
463		-	Medical Licensure and Supervision.
464		-	SECTION 4. AMENDATORY 59 O.S. 2021, Section 5 03.2, is
465		-	amended to read as follows:
466	451		Section 503.2. A. The State Board of Medical Licensure and
467	452		Supervision may promulgate rules to create administrative remedies
468	453		for licensee violations of statutory or regulatory prescribed
469	454		unprofessional conduct.
470	455		B. The Board is authorized to prescribe by rule administrative
471	456		remedies, disciplinary actions and admini strative procedures to
472	457		provide remedies and disciplinary actions for licensee violations of
473	458		statutory or regulatory prescribed unprofessional conduct, to
474	459		include fines up to the limits otherwise prescribed by statute or
475	460		rule.
476	461		C. Any such administrative ac tion rules promulgated by the
477	462		Board shall provide procedure:
478	463		1. For the licensee to contest or dispute any administrative
479	464		action;
480	465		2. For procedures for re solution of any such contest or
481	466		dispute; and
482	467		3. For appropriate protection of private information c onsistent
483	468		with state and federal law.
484	469		D. ALL LICENSED PROFESSIONALS: All administrative remedies
485	470		defined in this section are applicable to any and all pro fessional
	471	+	licensees under the legislative jurisdiction of the State Board of
	472	+	Medical Licensure and S upervision.
	473	+	SECTION 5. AMENDATORY 59 O.S. 2021, Section 536.8, is
	474	+	amended to read as follows:
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	476	+	ENGR. S. B. NO. 597 Page 10 1
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513		-	licensees under the legislative jurisdiction of the State Board of
514		-	Medical Licensure and S upervision.
515		-	SECTION 5. AMENDATORY 59 O.S. 2021, Section 536.8, is
516		-	amended to read as follows:
517	501		Section 536.8. A. Every person who is licensed pursuant to the
518	502		provisions of the Registered Electrologist Act and who is licensed
519	503		to practice electrolysis in this state shall registe r the license
520	504		with the county clerk of the county in which said person has legal
521	505		residence. The county clerk to whom such license is presented shall
522	506		register the name and address of the person designated in the
523	507		license, together with the date and the numb er inscribed thereon,
524	508		which record shall be open to the public, and shall file with the
525	509		Board annually, during the month of February, a notice of the record
526	510		so made.
527	511		B. Every person who is licensed pursuant to t he provisions of
528	512		the Registered Electrologis t Act to practice electrolysis in this
529	513		state shall keep said the license displayed in his place of business
530	514		as long as he or she is engaged in the practice of electrolysis.
531	515		The receipt for the annual renewal of lice nse shall be kept at such
532	516		person’s place of business and shall be shown to any person
533	517		requesting to see th e same. The licensee shall keep the Bo ard
534	518		informed of his or her current address. A license issued by the
535	519		Board is the property of the Board and sha ll be surrendered on
536	520		demand of the Board.
	521	+	SECTION 6. AMENDATORY 59 O.S. 2021, Section 2 030, is
	522	+	amended to read as follows:
	523	+	Section 2030. The State Board of Medical Licensure and
	524	+	Supervision shall:
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538		-	SB597 HFLR Page 11
539		-	BOLD FACE denotes Committee Amendments. 1
	526	+	ENGR. S. B. NO. 597 Page 11 1
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563	550
564		-	SECTION 6. AMENDATORY 59 O.S. 2021, Section 2 030, is
565		-	amended to read as follows:
566		-	Section 2030. The State Board of Medical Licensure and
567		-	Supervision shall:
568	551		1. Examine, license and renew t he licenses of duly qualified
569	552		applicants;
570	553		2. Maintain an up-to-date list of every person licensed to
571	554		practice respiratory care pursuant to the Respiratory Care Pract ice
572	555		Act. The list shall show the licensee ’s last-known place of
573	556		employment, last-known place of residence, and the date and numbe r
574	557		of the license;
575	558		3. Cause the prosecution of all persons violating the
576	559		Respiratory Care Practi ce Act and incur necessary exp enses therefor;
577	560		4. Keep a record of all proceedings of the Board and make such
578	561		record available to the public for inspection during reasonable
579	562		business hours;
580	563		5. Conduct hearings upon charges calling f or discipline of a
581	564		licensee, or denial, revocation or suspension of a license; and
582	565		6. Share information on a case -by-case basis of any person
583	566		whose license has been suspended, revoke d or denied. This
584	567		information shall include the name, social security nu mber, type and
585	568		cause of action, date and penalty incu rred, and the length of
586	569		penalty. This information shall be available for public inspectio n
	570	+	during reasonable business hours and s hall be supplied to similar
	571	+	boards in other states upon request.
	572	+	SECTION 7. AMENDATORY 59 O.S. 2021, Section 3203, is
	573	+	amended to read as follows:
587	574
588		-	SB597 HFLR Page 12
589		-	BOLD FACE denotes Committee Amendments. 1
	575	+	ENGR. S. B. NO. 597 Page 12 1
590	576		2
591	577		3
592	578		4
593	579		5
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595	581		7
596	582		8
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613	599
614		-	during reasonable business hours and s hall be supplied to similar
615		-	boards in other states upon request.
616		-	SECTION 7. AMENDATORY 59 O.S. 2021, Section 3203, is
617		-	amended to read as follows:
618	600		Section 3203. The State Board of Medical Li censure and
619	601		Supervision shall:
620	602		1. Examine, license and renew the licenses of duly qualified
621	603		applicants;
622	604		2. Maintain an up-to-date list of every person licensed to
623	605		practice pursuant to the O klahoma Anesthesiologist Assistant Act.
624	606		The list shall show the licensee’s last-known place of employmen t,
625	607		last-known place of residence, and the date and number of the
626	608		license;
627	609		3. Cause the prosecution of all perso ns violating the Oklahoma
628	610		Anesthesiologist Assistant Act and incur necessary expenses
629	611		therefor;
630	612		4. Keep a record of all proceedings of the Boar d and make such
631	613		record available to the public for inspection during reas onable
632	614		business hours;
633	615		5. Conduct hearings upon charges calling for disciplin e of a
634	616		licensee, or denial, revocation or suspension of a license ; and
635	617		6. Share information on a case -by-case basis of any person
636	618		whose license has been suspended, revoked or de nied. The
637	619		information shall include th e name, social security number, type and
	620	+	cause of action, date and penalty incurred, and the length of
	621	+	penalty. The information shall be availa ble for public inspection
	622	+	during reasonable business hours and shall be s upplied to similar
	623	+	boards in other stat es upon request.
638	624
639		-	SB597 HFLR Page 13
640		-	BOLD FACE denotes Committee Amendments. 1
	625	+	ENGR. S. B. NO. 597 Page 13 1
641	626		2
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662	647		23
663	648		24
664	649
665		-	cause of action, date and penalt y incurred, and the length of
666		-	penalty. The information shall be availa ble for public inspection
667		-	during reasonable business hours and shall be s upplied to similar
668		-	boards in other stat es upon request.
669	650		SECTION 8. NEW LAW A new section of law to be codified
670	651		in the Oklahoma Statutes as Section 3209 of Title 59, unless there
671	652		is created a duplication in numbering, reads as follows:
672	653		A. There is hereby established the Anesthesiolog ist Assistants
673	654		Advisory Committee to advise the State Board of Medical Licensure
674	655		and Supervision on matters pertaining to the licen sure, education,
675	656		and continuing education of licensed anesthesiologist assistants and
676	657		the practice of anesthesiolog ist assistants.
677	658		B. The Board shall appoint five (5) members to the
678	659		Anesthesiologist Assistants Advisory Committee as follows:
679	660		1. Three members shall be qualified physicians who have been
680	661		actively practicing anesthesiology in this stat e for at least five
681	662		(5) years; and
682	663		2. Two members shall be licensed anesthesiolog ist assistants
683	664		who have been actively p racticing as an anesthesiologist assistant
684	665		in this state for at least three (3) years.
685	666		C. The physician members of the Committee shall be appointed
686	667		for staggered terms of one (l), two (2), and three (3) years,
687	668		respectively.
	669	+	D. Terms of office of each app ointed member shall expire July 1
	670	+	of that year in which they expire regardless of the calendar date
	671	+	when such appointments were made. Subsequent appointments shall be
	672	+	made for a term of three (3) years or until successors are appointed
	673	+	and qualified.
688	674
689		-	SB597 HFLR Page 14
690		-	BOLD FACE denotes Committee Amendments. 1
	675	+	ENGR. S. B. NO. 597 Page 14 1
691	676		2
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713	698		24
714	699
715		-	D. Terms of office of each app ointed member shall expire July 1
716		-	of that year in which they expire regardless of the calendar date
717		-	when such appointments were made. Subsequent appointments shall be
718		-	made for a term of three (3) years or until successors ar e appointed
719		-	and qualified.
720	700		E. Vacancies shall be filled by the Board i n the same manner as
721	701		the original appointment.
722	702		F. Members of the Committee shall serve without c ompensation,
723	703		except that members shall be reimbursed for necessary travel
724	704		expenses incurred in the performance of their duties in accordance
725	705		with the State Travel Reimbursement Act.
726	706		G. The Committee shall have the power and duty to:
727	707		1. Meet at least twice a year or as otherwise called by the
728	708		Board; and
729	709		2. Advise the Board on matters pertaining to the licensure,
730	710		education, and continuing education requirements for and the
731	711		practice of anesthesiologist assistants in this state.
732	712		SECTION 9. AMENDATORY 59 O.S. 2021, Section 4000.1, as
733	713		amended by Section 1, Chapter 279, O.S.L. 2022 (59 O.S. Su pp. 2022,
734	714		Section 4000.1), is amended to read as follows:
735	715		Section 4000.1. A. As used in this section:
736	716		1. “Substantially relate” means the nature of the crim inal
737	717		conduct for which the person was conv icted has a direct bearing on
	718	+	the fitness or ability to perfo rm one or more of the duties or
	719	+	responsibilities necessarily related to the occupation; and
	720	+	2. “Pose a reasonable threat” means the nature of the crimin al
	721	+	conduct for which the person was convic ted involved an act or threat
	722	+	of harm against another and has a bearing on the fitness or ability
	723	+	to serve the public or work with others in the occupation.
738	724
739		-	SB597 HFLR Page 15
740		-	BOLD FACE denotes Committee Amendments. 1
	725	+	ENGR. S. B. NO. 597 Page 15 1
741	726		2
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764	749
765		-	the fitness or ability to perfo rm one or more of the duties or
766		-	responsibilities necessarily related to the occupation; and
767		-	2. “Pose a reasonable threat” means the nature of the crimin al
768		-	conduct for which the person was convic ted involved an act or threat
769		-	of harm against another and has a bearing on the fitness or ability
770		-	to serve the public or work with others in the occupation.
771	750		B. Notwithstanding any other provision of law, a conviction,
772	751		plea of guilty or nolo contendere, or pending criminal charge of a
773	752		crime may be grounds for the denial of an applicant for a state
774	753		license or state certification to practice an occupation only if the
775	754		underlying offense substantially relates to the duties and
776	755		responsibilities of th e occupation and poses a reasonable threat to
777	756		public safety, health, or welfare. When making a determination
778	757		pursuant to this subsection, a licensing or certification authority
779	758		shall consider:
780	759		1. The nature and seriousness of the offense;
781	760		2. The amount of time that has pas sed since the offense;
782	761		3. The age of the person at the time the offense was committed;
783	762		4. Evidence relevant to the circumstances of the offense
784	763		including any aggravating or mitigating circumstances of social
785	764		conditions surrounding the commission of th e offense;
786	765		5. The nature of th e specific duties and responsibilities for
787	766		which the license or certification is required; and
	767	+	6. Any evidence of rehabilitation submitted by the applicant
	768	+	including, but not limited to, evi dence related to the person’s
	769	+	compliance with any conditions of community supervision, parole, or
	770	+	mandatory supervision, the conduct and work activity of the person,
	771	+	programming, or treatment undertaken by the person, and testimonials
	772	+	or personal reference statements.
788	773
789		-	SB597 HFLR Page 16
790		-	BOLD FACE denotes Committee Amendments. 1
	774	+	ENGR. S. B. NO. 597 Page 16 1
791	775		2
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812	796		23
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814	798
815		-	6. Any evidence of rehabilitation submitted by the applicant
816		-	including, but not limited to, evi dence related to the person’s
817		-	compliance with any conditions of community supervision, parole, or
818		-	mandatory supervision, the conduct and work activity of the person,
819		-	programming, or treatment undertaken by the person, and testimonials
820		-	or personal reference statements.
821	799		C. Notwithstanding any other provision of law, a l icensing or
822	800		certification authority shall not deny a state license or state
823	801		certification to practice an occupation due to:
824	802		1. An arrest that was not followed by a valid plea of guilty or
825	803		nolo contendere unless charges are curren tly pending;
826	804		2. A conviction that has been sealed, or expunged;
827	805		3. A conviction or plea of guilty or nolo contendere for which
828	806		more than five (5) years have elapsed since the date of conviction,
829	807		plea, or release from incarceration, whichever is later, so long as
830	808		the person has not be en convicted of a new crime. This paragraph
831	809		shall not apply to any conviction or plea of guilty or nolo
832	810		contendere for:
833	811		a. an offense enumerated in Section 571 of Title 57 of
834	812		the Oklahoma Statutes,
835	813		b. a felony involving domestic assault, domestic assault
836	814		and battery, or domest ic abuse as defined in Section
837	815		644 of Title 21 of the Oklahoma Statutes,
	816	+	c. an offense that would require registration as a sex
	817	+	offender pursuant to the Sex Offenders Registration
	818	+	Act, or
	819	+	d. any equivalent law enumerated in this paragraph from
	820	+	another jurisdiction; or
838	821
839		-	SB597 HFLR Page 17
840		-	BOLD FACE denotes Committee Amendments. 1
	822	+	ENGR. S. B. NO. 597 Page 17 1
841	823		2
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862	844		23
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864	846
865		-	c. an offense that would require registration as a sex
866		-	offender pursuant to the Sex Offenders Registration
867		-	Act, or
868		-	d. any equivalent law enumerated in this paragraph from
869		-	another jurisdiction; or
870	847		4. A finding that an applicant lacks good character or fails to
871	848		meet any other similarly vague standard where a criminal conviction
872	849		is the basis for the finding.
873	850		D. Before a state licensing or state certification authority
874	851		makes a final determi nation that a criminal conviction, plea of
875	852		guilty or nolo contendere, or pending criminal charge may disqualify
876	853		an applicant for licensure, that authority shall provide written
877	854		notice of:
878	855		1. The specific offense that is the basis for the intended
879	856		denial;
880	857		2. The reasons the offense was determined to substantially
881	858		relate to the duties and responsibilities of the occupation and
882	859		posed a reasonable threat t o public safety, health, or welfare,
883	860		including findings for each of the factors in subsection B of this
884	861		section that the licensing or certification authority deemed
885	862		relevant to the determination; and
886	863		3. The right to submit additional evidence relevant to each of
887	864		the factors listed in subsection B of this section within thirty
	865	+	(30) days, which the licensing or certification authority shall
	866	+	consider before issuing a final determination.
	867	+	E. A final determination that a criminal conviction, plea of
	868	+	guilty or nolo contendere, or pending criminal charge may prevent a
	869	+	person from receiving a license shall be in wri ting and include
	870	+	notice of the right to appeal the determination pursuant to the
888	871
889		-	SB597 HFLR Page 18
890		-	BOLD FACE denotes Committee Amendments. 1
	872	+	ENGR. S. B. NO. 597 Page 18 1
891	873		2
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912	894		23
913	895		24
914	896
915		-	(30) days, which the licensing or certification authority shall
916		-	consider before issuing a final determination.
917		-	E. A final determination that a criminal conviction, plea of
918		-	guilty or nolo contendere, or pending criminal charge may prevent a
919		-	person from receiving a license shall be in wri ting and include
920		-	notice of the right to appeal the determination pursuant to the
921	897		Administrative Procedures Act, or a more specific statutory
922	898		authority, and notice of the earliest date the applicant may reapply
923	899		for a license.
924	900		F. A person with a criminal history record may request a
925	901		determination of whether his or her criminal history record may
926	902		disqualify him or her from obtaining the desired l icense or
927	903		certification in the occupation from a state licensing or state
928	904		certification authority at any time, including before obtaining any
929	905		required education or training for such occupation. The request
930	906		shall be in writing and shall include either a copy of the person’s
931	907		criminal history record with explanation of each conviction
932	908		mentioned in the criminal history record or a statement describing
933	909		each criminal conviction including the date of each conviction, the
934	910		court of jurisdiction and the sentence imposed. The person may
935	911		include a statement with h is or her request describing additional
936	912		information for consideration by the licensing or certification
937	913		authority including, but not limited to, information relevant to any
	914	+	of the factors for consideration described in subsection B of this
	915	+	section.
	916	+	G. Upon receipt of a written request for consideration of a
	917	+	criminal history record for an occupation as provided in subsection
	918	+	F of this section, the licensing or certification authority shall
	919	+	evaluate the request and make a determination based upon the
	920	+	information provided in such request whether the stated con viction
938	921
939		-	SB597 HFLR Page 19
940		-	BOLD FACE denotes Committee Amendments. 1
	922	+	ENGR. S. B. NO. 597 Page 19 1
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962	944		23
963	945		24
964	946
965		-	of the factors for consideration described in subsection B of this
966		-	section.
967		-	G. Upon receipt of a written request for consideration of a
968		-	criminal history record for an occupation as provided in subsection
969		-	F of this section, the licensing or certification authority shall
970		-	evaluate the request and make a determination based upon the
971		-	information provided in such request whether the stated conviction
972	947		is a disqualifying offense for the occupation. A notice of the
973	948		determination shall be issued to the petitioner within sixty (60)
974	949		days from the date such request was received by the licensing or
975	950		certification authority,; except, however, a licensing or
976	951		certification authority regulating fifty thousand or more members in
977	952		its occupation shall be allowed ninety (90) days to make its initial
978	953		determination and issue notice to the requestor.
979	954		H. A determination made pursuant to subsection F of this
980	955		subsection that a person may not be disqualified for licensure or
981	956		certification due to criminal history shall be binding upon a
982	957		licensing or certification authority unless, at the time a full
983	958		application for a license is submitted, the applicant has
984	959		subsequently pled guilty or nolo contendere to a crime, has pending
985	960		criminal charges, or has previously undisclosed criminal
986	961		convictions.
987	962		I. The notice of a determination made pursuant to subsect ion F
988	963		of this section shall be in writing and mailed to the requ estor at
	964	+	the address provided in his or her request, and shall contain the
	965	+	following statements:
	966	+	1. Whether the person is eligible for licensure or
	967	+	certification in the occup ation at the current time based upon t he
	968	+	information submitted by the req uestor;
	969	+	2. Whether there is a disqualifying offense that would
	970	+	disqualify the person from engaging in the occupation at the current
989	971
990		-	SB597 HFLR Page 20
991		-	BOLD FACE denotes Committee Amendments. 1
	972	+	ENGR. S. B. NO. 597 Page 20 1
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1015	996
1016		-	the address provided in his or her request, and shall contain the
1017		-	following statements:
1018		-	1. Whether the person is eligible for licensure or
1019		-	certification in the occup ation at the current time based upon t he
1020		-	information submitted by the req uestor;
1021		-	2. Whether there is a disqualifying offense that would
1022		-	disqualify the person from engaging in the occupation at the current
1023	997		time and a statement identifying such offense in the criminal
1024	998		history record or information submitted for consideration;
1025	999		3. Any actions the person may take to remedy a
1026	1000		disqualification, if any;
1027	1001		4. The earliest date the person may submit another request for
1028	1002		consideration, if any; and
1029	1003		5. A statement that the determination may be rescinded if, at
1030	1004		the time a full application for a license is submitted, the
1031	1005		applicant has subsequently pled guilty or nolo contendere to a
1032	1006		crime, has pending criminal charges, or has previously undisclosed
1033	1007		criminal convictions.
1034	1008		J. A state entity charged with oversight of an occupational
1035	1009		license or certification may promulgate forms for requests for
1036	1010		determinations for the occupation as authorized in subsection F of
1037	1011		this section. Each state licensing or certification authority may
1038	1012		charge a fee not to exceed Ninety -five Dollars ($95.00) for each
	1013	+	initial determination of eligibility i t makes for the occupation
	1014	+	based upon the information provided by the requestor.
	1015	+	K. Each state licensing or state certification authority shall
	1016	+	include in its application for a license or certification and
	1017	+	publish on its public website the following information:
	1018	+	1. Whether the criminal offenses of applicants may be used as a
	1019	+	basis for denial;
1039	1020
1040		-	SB597 HFLR Page 21
1041		-	BOLD FACE denotes Committee Amendments. 1
	1021	+	ENGR. S. B. NO. 597 Page 21 1
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1060	1040		20
1061	1041		21
1062	1042		22
1063	1043		23
1064	1044		24
1065	1045
1066		-	initial determination of eligibility i t makes for the occupation
1067		-	based upon the information provided by the requestor.
1068		-	K. Each state licensing or state certification authority shall
1069		-	include in its application for a license or certification and
1070		-	publish on its public website the following information:
1071		-	1. Whether the criminal offenses of applicants may be used as a
1072		-	basis for denial;
1073	1046		2. If criminal history may be used as a basis for denial as
1074	1047		listed in subsection B of this section, which offenses the licensing
1075	1048		or certification authority shall consider; and
1076	1049		3. Notice of the right to request a determination pursuant to
1077	1050		subsection F of this section.
1078	1051		L. Each state licensing or state certification authority
1079	1052		authorized to consider the criminal conviction of an applicant shall
1080	1053		annually provide to the Legislature, and publish on its public
1081	1054		website, the following:
1082	1055		1. The number of license applications received;
1083	1056		2. The number of applications that resulted in a license being
1084	1057		granted;
1085	1058		3. The number of applications that resulted in a license being
1086	1059		denied;
1087	1060		4. The number of applications that were denied due to criminal
1088	1061		history;
	1062	+	5. A list of criminal offenses reported by individuals who were
	1063	+	granted a license;
	1064	+	6. A list of criminal offenses reported b y individuals who were
	1065	+	denied a license due t o criminal history along with the time elapsed
	1066	+	since the commission of the offense; and
	1067	+	7. The number of petitions received by the licensing or
	1068	+	certification authority pursuant to subsection F of this section.
1089	1069
1090		-	SB597 HFLR Page 22
1091		-	BOLD FACE denotes Committee Amendments. 1
	1070	+	ENGR. S. B. NO. 597 Page 22 1
1092	1071		2
1093	1072		3
1094	1073		4
1095	1074		5
1096	1075		6
1097	1076		7
1098	1077		8
1099	1078		9
1100	1079		10
1101	1080		11
1102	1081		12
1103	1082		13
1104	1083		14
1105	1084		15
1106	1085		16
1107	1086		17
1108	1087		18
1109	1088		19
1110	1089		20
1111	1090		21
1112	1091		22
1113	1092		23
1114	1093		24
1115	1094
1116		-	5. A list of criminal offenses reported by individuals who were
1117		-	granted a license;
1118		-	6. A list of criminal offenses reported b y individuals who were
1119		-	denied a license due t o criminal history along with the time elapsed
1120		-	since the commission of the offense; and
1121		-	7. The number of petitions received by the licensing or
1122		-	certification authority pursuant to subsection F of this section.
1123	1095		M. The provisions of this section sha ll not be construed to
1124	1096		apply to the Council on Law Enforcement Education and Training, the
1125	1097		Bail Bonds Division of the Oklahoma Insurance Department, the State
1126	1098		Board of Education, the State Board of Medical Licensure and
1127	1099		Supervision, or individuals applying to these authorities for
1128	1100		licensure or certification.
1129	1101		SECTION 10. This act shall become effective November 1, 2023.
	1102	+	Passed the Senate the 8th day of March, 2023.
1130	1103
1131		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2023 -
1132		-	DO PASS.
	1104	+
	1105	+
	1106	+	Presiding Officer of the Senate
	1107	+
	1108	+
	1109	+	Passed the House of Representatives the ____ day of __________,
	1110	+	2023.
	1111	+
	1112	+
	1113	+
	1114	+	Presiding Officer of the House
	1115	+	of Representatives
	1116	+