OK
Oklahoma Senate Bill SB704

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB704 Compare Versions

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4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 704 By: Haste of the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 704 By: Haste of the Senate
831
932 and
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1134 Roe of the House
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1638 An Act relating to the Oklahoma State University
1739 Medical Authority; amending 63 O.S. 2021, Section
1840 3275, which relates to mem bers; modifying
1941 qualifications; addi ng member; removing obsolete
42+language; authorizing virtual meetings under certain
43+conditions; amending 63 O.S. 202 1, Section 3276,
44+which relates to powers and duties of the Authority;
45+adding certain power and duty; amend ing 63 O.S. 2021,
46+Section 3283, which relates to revenue bonds;
47+specifying allowed payment sources for bonds;
48+amending 63 O.S. 2021, Section 3290, whi ch relates to
49+the Oklahoma State University Medical Trust;
50+increasing certain asset limit for purpose of c ertain
51+determination; authorizing vi rtual meetings under
52+certain conditions; e xempting the Authority from the
53+Public Competitive Bidding Act of 1974; defining
54+term; repealing 63 O.S. 2021, Sections 3287 and 3291,
55+which relate to the Oklahoma State Universi ty Medical
56+Authority; providing for codification; and providing
57+an effective date.
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64+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
65+and insert:
66+
67+
68+
69+
70+"An Act relating to the Oklahoma State University
71+Medical Authority; amending 63 O.S. 2021, Secti on
72+3275, which relates to members; modifying
73+qualifications; adding member; removing obsolete
2074 language; amending 63 O.S. 2021, Section 3276, which
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21101 relates to powers and duties of the Authority; adding
22102 certain power and duty; amending 63 O.S. 2021,
23103 Section 3290, which relates to the Oklahoma State
24104 University Medical Trust; increasing certain asset
25105 limit for purpose of certain determination; repealing
26106 63 O.S. 2021, Section 3287, which relates to the
27107 Oklahoma State University Medical Authority;
28108 providing for codification; and providing an
29109 effective date.
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33113
34-SUBJECT: Oklahoma State University Medical Authority
35114
36115 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
37-
38116 SECTION 1. AMENDATORY 63 O.S. 2021, Section 3275, is
39117 amended to read as follows:
40-
41118 Section 3275. A. There is hereby created the Oklahoma State
42119 University Medical Authority, a n agency of the State of Oklahoma, a
43120 body corporate and politic, with powers of government and with the
44121 authority to exercise the rights, pr ivileges and functions as
45122 specified in the Oklahoma State University Medical Authority Act.
46123 The Oklahoma State Univ ersity Medical Authority is covered by the
47124 Governmental Tort Claims Act.
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49-ENR. S. B. NO. 704 Page 2
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51125 B. The Authority shall consist of seven (7) eight (8) members
52126 as follows:
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54127 1. One member shall be appointed by the Governor, with the
55128 advice and consent of the Senate;
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57129 2. One member shall be appointed by the President Pro Tempore
58130 of the Oklahoma State Senate;
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60157 3. One member shall be appointed by the Speaker of the Oklahoma
61158 House of Representatives;
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63159 4. One member shall be the Chief Executive Officer of the
64160 Oklahoma Health Care Authority, or a designee;
65-
66161 5. One member shall be the President of the Oklahoma State
67162 University Center for Health Sciences;
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69163 6. One member to shall be appointed by the President of
70164 Oklahoma State University who shall be the Chief Executive Officer
71165 of any entity, other tha n the Oklahoma State University Medical
72166 Trust, with whom the Oklahoma State University College of
73167 Osteopathic Medicine has entere d into an Academic Affiliation
74168 Agreement to serve as the primary site of practice and teaching
75169 hospital for medical residency p rograms, or a designee; and;
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77170 7. One member shall be a member of the Board of Regents for the
78171 Oklahoma Agricultural and Mechanical Colleges, or his or her
79172 designee, as selected by the chair of the Board of Regents; and
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81173 8. One member shall be the Chief Exe cutive Officer of the
82174 Oklahoma State University Me dical Authority who shall be an ex
83175 officio, nonvoting member.
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85176 C. All appointed members shall be appointed by June 1, 2006.
86177 Of the members of the Authority initially appointed, the member
87178 appointed by the President Pro Tempore of the Senate shall serve a
88179 term of three (3) years; the member appointed b y the Speaker of the
89180 House of Representatives shall serve a term of two (2) years; and
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90207 the member appointed by the Governor shall serve a term of one (1)
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93208 year. Successors Members shall be appointed for terms of three (3)
94209 years.
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96210 D. Each member of the Auth ority, prior to appointment, sha ll be
97211 a resident of the state and a qualified elector.
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99212 E. Members shall be removable only for cause by the appointing
100213 authority. Any vacancy occurring on the Authority shall b e filled
101214 by the original appointing authority.
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103215 F. The members of the Authority shall serve without
104216 compensation but may be reimbursed for all actual and necessary
105217 travel expenses incurred in performance of their duties in
106218 accordance with the provisions of the State Travel Reimbursement
107219 Act.
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109220 G. All members of the Authority and admin istrative personnel of
110221 the Authority shall be subject to the provisions of the Oklahoma
111222 Ethics Commission Rules, Chapter 62 App endix of Title 74 of the
112223 Oklahoma Statutes.
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114224 H. A quorum of the Authority shall be four (4) voting members.
115225 The Authority shall elect a chair and vice chair from am ong its
116226 members. The chair must be an appointed member of the Authority.
117-
118227 I. The Authority shall be exempt from the Oklahoma Central
119228 Purchasing Act but shall be subject to the purchasing policies of
120229 Oklahoma State Unive rsity Center for Health Sciences and shall be
121230 subject to the Oklahoma Open Meeting Act and the Oklahoma Open
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122257 Records Act, except as otherwise provided by this act. Any
123258 information submitted to or compiled by the Authority except for
124259 budgetary information related to appropriations or the
125260 appropriations process with respect to the marketing plans,
126261 financial statements, trade secret s, research concepts, methods or
127262 products, or any other proprietary information of th e Authority,
128263 persons, firms, associations, p artnerships, agencies, corporations,
129264 institutions of higher education, nonprofit research institutions or
130265 other entities shall be confidential, except to the extent that the
131266 person or entity which provided the information or which is the
132267 subject of the information consents to disclosure. Ex ecutive
133268 sessions may be held to discuss such materials if deemed necessary
134269 by the Authority.
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138270 SECTION 2. AMENDATORY 63 O .S. 2021, Section 3276, is
139271 amended to read as follows:
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141272 Section 3276. A. On and after July 1, 2006, the The Oklahoma
142273 State University Medical Authority shall have the power a nd duty to:
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144274 1. Adopt bylaws and promulgate rules for the regulation of its
145275 affairs and the conduct of its bus iness;
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147276 2. Adopt an official seal;
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149277 3. Maintain an office at a location to be determined by the
150278 Authority;
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152279 4. Sue and be sued, subject to the pro visions of The
153280 Governmental Tort Claims Act;
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155307 5. Enter into cooperative agreements with th e Board of Regents
156308 for the Oklahoma Agricultural and Mechanical Colleges for
157309 educational programs, professional staffing, research an d other
158310 medical activities;
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160311 6. Make and enter into all contracts necessary or incidental to
161312 the performance of its duties and the execution of its powers
162313 pursuant to the Oklahoma State University Medical Authority Act;
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164314 7. Purchase or lease equipment, fur niture, materials and
165315 supplies, and incur such other expenses as may be necessary to
166316 maintain and operate hospitals or clin ics, or to discharge its
167317 duties and responsibilities or to make any of its powers effective;
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169318 8. Acquire by purchase, lease, gift, or by any other manner,
170319 and to maintain, use and operate or to contract for the maintenance,
171320 use and operation of or lease of any and all property of any kind,
172321 real, personal, or mixed or any interest therein unless otherwise
173322 provided by the Oklahoma State U niversity Medical Authority Act;
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175323 9. Appoint such officers, agents and employees, including but
176324 not limited to attorneys, a s it deems necessary and to prescribe
177325 their duties and to fix their compensation;
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181326 10. Accept grants from the United States of Americ a, or from
182327 any corporation or age ncy created or designed by the United States
183328 of America, and, in connection with any grant , to enter into such
184329 agreements as the United States of America or such corporation or
185330 agency may require;
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186356
187357 11. Make and issue bonds and to pledge revenues of the
188358 Authority subject to the Oklahoma Bond Oversight and Reform Act.
189359 Nothing in the Oklahoma Sta te University Medical Authority Act shall
190360 authorize the issuance of any bonds of the Authority payable other
191361 than from revenues of th e Authority. Funds appropriated to the
192362 Authority shall not be used for issuance of bonds. Authority
193363 revenue bonds issued under the provisions of this act shall not at
194364 any time be deemed to constitute a debt of the state or of any
195365 political subdivision th ereof or a pledge of the faith an d credit of
196366 the state or of any political subdivision, but such bonds shall be
197367 payable solely from the funds he rein provided. Such revenue bonds
198368 shall contain on the face thereof a statement to the effect that
199369 neither the state nor the Authority shall be obligated to pay the
200370 same or the interest thereon except from the revenues of the project
201371 or projects for which they are issued and that neither the faith and
202372 credit nor the taxing power of the state or any political
203373 subdivision thereof is pledged, or may hereafter be pledged, to the
204374 payment of the principal of or the interest on such bonds. T he
205375 maximum amount of outstanding bonds at any time shall not exceed
206376 Fifty Million Dollars ($50,000,000.00) unless a greater amount is
207377 expressly approved by the Legisl ature by a concurrent resol ution
208378 adopted prior to commencing any action in anticipation of issuance
209379 of revenue bonds of the Oklahoma State University Medical Authority
210380 for the greater amount;
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212407 12. Provide for complete financial audits on all accounts of
213408 the Oklahoma State University Medical Authority and to authorize
214409 periodic audits by an independent external auditing agency. Such
215410 audits shall be performed annually in a format approved by the State
216411 Auditor and Inspector, and all such audits shall be submit ted to the
217412 State Auditor and Inspector for review. Such audits shall be made
218413 in accordance with generally accepted auditing standards and
219414 government auditing standards. Financial statements shall be
220415 prepared in accordance with generally accepted accounti ng
221416 principles. In addition to said audits, whenever the State Aud itor
222417 and Inspector deems it appropriate, and at l east once each five (5)
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225418 years, or upon receipt of a request to do so from the Governor, the
226419 Attorney General, the President Pro Tempore of th e Oklahoma State
227420 Senate, the Speaker of the Oklahoma House of Representatives or the
228421 Authority, the State Auditor and Inspector shall conduct a special
229422 audit of the Authority;
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231423 13. Engage in long-term planning for the opera tion and
232424 management of the Authority;
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234425 14. Establish petty cash funds and provide for approp riate
235426 accounting procedures and controls;
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237427 15. Contract with national manufacturers and distributors of
238428 drugs and medical suppl ies when appropriate to carry out the
239429 purposes of this act;
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241456 16. Provide funding to other entities for purposes related to
242457 public health, teaching, research, an d the purposes of the Oklahoma
243458 State University Medical Authority Act when provided funding for
244459 such purposes by the Legislature;
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246460 17. Do all other things necessary and proper to implement t he
247461 provisions of the Oklahoma State University Medical Authority A ct;
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249462 17. 18. Waive, by such means as the Authority deems
250463 appropriate, the exemption from federal income taxation of interest
251464 on the Authority’s bonds provided by the Internal Revenue Code of
252465 1986, as amended, or any other fed eral statute providing a similar
253466 exemption;
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255467 18. 19. Arrange for guaranties or insurance of its bonds by the
256468 federal government or by any private insurer, and to pa y any
257469 premiums therefor; and
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259470 19. 20. Make a declaration of necessity as provided in Section
260471 3273 of this title. The Authority may, in its exclusive judgment,
261472 make a declaration of necessity when such a declaration is deemed
262473 necessary to effectuate the pu rposes of the Oklahoma State
263474 University Medical Authority Act.
475+B. The Oklahoma State Univer sity Medical Authority shall be
476+subject to the Oklahoma Budget Law of 1947.
477+C. The Authority shall prepare monthly a “budget vs. actual”
478+report which shows by budget activity the monthly and year-to-date
479+revenues and expenditures compared to budgeted reve nues and
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506+expenditures. Such report shall b e submitted to the Office of
507+Management and Enterprise Services and to the Directors of the House
508+of Representatives Fisc al Division and the Senate Fiscal Division.
509+D. The Authority shall be subject to the profes sional risk
510+management program provided for in Section 85.58A of Title 74 of the
511+Oklahoma Statutes.
512+SECTION 3. AMENDATORY 63 O.S. 2021, Section 3290, is
513+amended to read as follows:
514+Section 3290. A. The State of Oklahoma expressly approves the
515+creation of a public trust to be named the “Oklahoma State
516+University Medical Trust”, of which the State of Oklahoma shall be
517+the beneficiary, provided such approval shall be contingent upon
518+satisfaction of the following condition s:
519+1. Finalizing of the declaratio n of trust;
520+2. Adoption of the declaration of trust by an official action
521+of the trustees of the Trust;
522+3. Submission of the Trust for acceptance of the beneficial
523+interest and approval as required by Section 177 of Tit le 60 of the
524+Oklahoma Statutes; and
525+4. The approved declaration of trust shal l:
526+a. clearly state that the principal purpose of the
527+Oklahoma State University Medical Trust is to
528+effectuate the purposes of the Oklahoma State
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555+University Medical Authority as established in the
556+Oklahoma State University Medical Authority Act,
557+b. except as otherwise provided by law, provide that the
558+title to real property held by the Oklahoma State
559+University Medical Authority shall not be transferred,
560+conveyed, or assigned to t he Oklahoma State University
561+Medical Trust without the express consent of the
562+Legislature as the governing entity of the beneficiary
563+pursuant to Section 176 of Title 60 of the Oklahoma
564+Statutes,
565+c. provide that any indebtedness incurred by the Oklahoma
566+State University Medical Trust or the trustees of the
567+Trust shall not be secured with or create a lien upon
568+real property to which title is held by the Oklahoma
569+State University Medical Authority and shall not
570+involve the bonding capacity of the Oklahoma Stat e
571+University Medical Authority,
572+d. provide that the trust estate of the Oklaho ma State
573+University Medical Trust shall not include fee simple
574+title to real property owned by the Oklahoma State
575+University Medical Authority,
576+e. clearly state that the creation of the Oklahoma State
577+University Medical Trust shall not in any way reduce,
578+limit or interfere with the power granted to the
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605+Oklahoma State University Medical Authority in the
606+Oklahoma State University Medical Authority Act,
607+f. provide that any lease or c ontractual agreement
608+involving use of the real property to which title is
609+held by the Oklahoma State University Medical
610+Authority and any improvements thereto shall contain a
611+provision and covenants requiring the proper
612+maintenance and upkeep of the real p roperty and
613+improvements,
614+g. provide that the trustees of the Oklahoma State
615+University Medical Trust shall be the acting members
616+of the Oklahoma State University Medical Authority as
617+provided in the Oklahoma State University Medical
618+Authority Act, and
619+h. provide that the trustees of the Ok lahoma State
620+University Medical Trust shall have the duty to submit
621+an annual report to the Governor, the President Pro
622+Tempore of the Oklahoma State Senate and the Speaker
623+of the Oklahoma House of Representatives. The report
624+shall be submitted by January 1 of each year and shal l
625+include an account of all operations, act ions of the
626+Trust, account of all rev enue received and disbursed
627+by the Trust for the previous fiscal year. The report
628+shall also provide a complete accounting of how the
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655+Trust meets its primary function of effec tuating the
656+purposes of the Oklahoma State University Medical
657+Authority, as established in the Oklahoma State
658+University Medical Authority Act.
659+B. The Oklahoma State University Medical Trust shall require
660+any agreements which it enters into with any entity pursuant to
661+Section 22 3292 of this title act for the operations of facilities
662+leased by the Oklahoma State University Medical Authority to the
663+Trust to include, but not be limited to:
664+1. The inclusion of all the members of the T rust, except the
665+Chief Executive Officer of the Oklahoma Health Care Authority , as
666+five of the six members represen ting the State of Oklahoma in a
667+governing committee, and the sixth member of the governing committee
668+representing the State of Oklahoma to be designated by the President
669+of Oklahoma State Universit y;
670+2. Binding arbitration shall not be required by such ag reements
671+for resolving issues under consideration by the governing committee;
672+and
673+3. Major decisions shall be resolved by the governing
674+committee, and approval of any major de cision by the governi ng
675+committee must include the approval of a majority of the state
676+appointees and the approval of a majority of the private entity
677+appointees to the governing committee. Major decisions shall
678+include:
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705+a. approval of the operating and capital budgets,
706+b. sale or disposition of a ssets over Two Hundred Fifty
707+Thousand Dollars ($250,000.00) Five Hundred Thousand
708+Dollars ($500,000.00),
709+c. the termination or transfer or material addition or
710+material diminution of medical services at the
711+Oklahoma State University M edical Center related to
712+and part of a teaching program of the Oklahoma State
713+University Center for Health Sciences, and
714+d. other major decision s as may be agreed upon by the
715+Trust and the private ent ity.
716+C. To the extent it is determined by legislative e nactment that
717+the Trust has expended funds in contravention of its mission as set
718+forth in this section, the Trust shall remit, upon thirty (30) days’
719+written notice from the Oklahoma State University Medical Authority,
720+such sum or sums to the Oklahoma Sta te University Medical Authority.
721+D. In the event the Trust enters into a joint venture or
722+acquires an interest in a not-for-profit entity to effectuate the
723+administration of the mission of the Trust, that entity shall not be
724+subject to the Oklahoma Open M eeting Act and the Okl ahoma Open
725+Records Act. Any informat ion submitted to or compiled by the Trust
726+with respect to marketing plans, financial statements, trade
727+secrets, research concepts, methods or products or any other
728+proprietary information submitted to or compiled by the Trust,
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755+persons, firms, associations, partnerships, agencies, corporations,
756+institutions of higher education, nonprofit re search institutions or
757+other entities shall be confident ial, except to the extent that the
758+person or entity whic h provided such inform ation or which is the
759+subject of such information consents to disclosure. Executive
760+sessions may be held to discuss such materials if deemed necessary
761+by the Trust. The provisi ons of this subsection shall not ap ply to
762+budgetary information related to app ropriations or the
763+appropriations process.
764+SECTION 4. REPEALER 63 O.S. 2021, Section 3287, is
765+hereby repealed.
766+SECTION 5. This act shall become effective November 1, 2023."
767+Passed the House of Representatives the 26th day of April, 2023.
768+
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770+
771+
772+
773+Presiding Officer of the House of
774+ Representatives
775+
776+
777+Passed the Senate the ____ day of _______ ___, 2023.
778+
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783+Presiding Officer of the Senate
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811+ENGROSSED SENATE
812+BILL NO. 704 By: Haste of the Senate
813+
814+ and
815+
816+ Roe of the House
817+
818+
819+
820+
821+An Act relating to the Oklahoma State University
822+Medical Authority; amending 63 O.S. 2021, Section
823+3275, which relates to members; modifying
824+qualifications; addi ng member; removing obsolete
825+language; authorizing virtual meetings under certain
826+conditions; amending 63 O.S. 202 1, Section 3276,
827+which relates to power s and duties of the Authority;
828+adding certain power and duty; amending 63 O.S. 2021,
829+Section 3283, which relates to revenue bonds;
830+specifying allowed payment sources for bonds;
831+amending 63 O.S. 2021, Section 3290, whi ch relates to
832+the Oklahoma State Univer sity Medical Trust;
833+increasing certain asset limit for purpose of certain
834+determination; authorizing vi rtual meetings under
835+certain conditions; exempting the Authority from the
836+Public Competitive Bidding Act of 1974; defining
837+term; repealing 63 O.S. 2021, Sections 3287 and 3291,
838+which relate to the Oklahoma State University Medical
839+Authority; providing for codification; and providing
840+an effective date.
841+
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843+
844+
845+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
846+SECTION 6. AMENDATORY 63 O.S. 2021, Section 3275, is
847+amended to read as follows:
848+Section 3275. A. There is hereby c reated the Oklahoma State
849+University Medical Authority, a n agency of the State of Oklahoma, a
850+body corporate and politic, with powers of gove rnment and with the
851+authority to exercise the rights, privileges and functions as
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878+specified in the Oklahoma State U niversity Medical Authority Act.
879+The Oklahoma State Univ ersity Medical Authority is covered by the
880+Governmental Tort Claims Act.
881+B. The Authority shall consist of seven (7) eight (8) members
882+as follows:
883+1. One member shall be appointed by the Governor, with the
884+advice and consent of the Senate;
885+2. One member shall be appointed by the President Pro Tempore
886+of the Senate;
887+3. One member shall be appointed by the Speaker of the House of
888+Representatives;
889+4. One member shall b e the Chief Executive Officer o f the
890+Oklahoma Health Care Authority, or a designee;
891+5. One member shall be the President of the Oklahoma State
892+University Center for Health Sciences;
893+6. One member to shall be appointed by the President of
894+Oklahoma State University who shall be the Chie f Executive Officer
895+of any entity, other than the Oklahom a State University Medical
896+Trust, with whom the Oklahom a State University College of
897+Osteopathic Medicine has entered into an Academic Affiliation
898+Agreement to serve as the primary site of practice a nd teaching
899+hospital for medical residency programs, or a designee; and;
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926+7. One member shall be a member of the Board of Regents for the
927+Oklahoma Agricultural and Mechanical Colleges, or his or her
928+designee, as selected by th e chair of the Board of Regent s; and
929+8. One member shall be the Chief Executive Off icer of the
930+Oklahoma State University Medical Authority wh o shall be an ex
931+officio, nonvoting member.
932+C. All appointed members shall be appointed by June 1, 2006.
933+Of the members of the Authority initi ally appointed, the member
934+appointed by the President Pro Tempore of the Senate shall serve a
935+term of three (3) years; the member appointed b y the Speaker of the
936+House of Representatives shall serve a term of two (2) years; an d
937+the member appointed by the Governor shall serve a term of one (1)
938+year. Successors Members shall be appointed for terms of three (3)
939+years.
940+D. Each member of the Auth ority, prior to appo intment, shall be
941+a resident of the state and a qualified elector .
942+E. Members shall be removab le only for cause by the appointing
943+authority. Any vacancy oc curring on the Authority shall be filled
944+by the original appointing authority.
945+F. The members of the Authority shall serve without
946+compensation but may be reimb ursed for all actual and necessar y
947+travel expenses incurred in performance of their duties i n
948+accordance with the provisions of the State Trav el Reimbursement
949+Act.
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976+G. All members of the Authori ty and administrative personnel of
977+the Authority shall be s ubject to the provisions of the Okla homa
978+Ethics Commission Rules, Chapter 62 Appendix of Tit le 74 of the
979+Oklahoma Statutes.
980+H. A quorum of the Authority shall be four (4) voting members.
981+The Authority shall elect a chair and vice chair from among its
982+members. The chair must be an appointe d member of the Authority.
983+I. The Authority shall be exempt from the Oklahoma Central
984+Purchasing Act but shall be subject to the purchasing policies of
985+Oklahoma State University Center for Health Sciences and shal l be
986+subject to the Oklahoma Open Meeting Act and the Oklahoma Open
987+Records Act, except as o therwise provided by this act. Any
988+information submitted to or compiled by the Authority except for
989+budgetary information related to appropriations or the
990+appropriations process with respect to the marketi ng plans,
991+financial statements, trade secrets, res earch concepts, methods or
992+products, or any other proprietary information of th e Authority,
993+persons, firms, associations, partnerships, agencies, corporations,
994+institutions of higher education, nonprofit re search institutions or
995+other entities shall be con fidential, except to the extent that the
996+person or entity which provided the information or which is the
997+subject of the information consents to disclosure. Executi ve
998+sessions may be held to discuss such ma terials if deemed necessary
999+by the Authority.
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1026+J. The Authority may hold meetings by videoconference where
1027+each member of the Authority is visible and audible to each other
1028+and the public through a video monitor at the designated meeting
1029+site and online website, subject to the following:
1030+1. Each public meeting held by videoconference shall be
1031+recorded either by written, electronic, or other means;
1032+2. The meeting notice and agenda prepared in advance of the
1033+meeting, as required by law, shall indicate at le ast one
1034+videoconferencing location and shall state the location, address,
1035+and telephone number of ea ch available videoconference site and
1036+provide the online webs ite address to view the meeting ; and
1037+3. The meeting agenda prepared in advance of the meeting, as
1038+required by law, shall indicate which members of the Authority will
1039+appear by video conference a nd which will be present at the
1040+designated meeting site.
1041+SECTION 7. AMENDATORY 63 O.S. 2 021, Section 3276, is
1042+amended to read as follows:
1043+Section 3276. A. On and after July 1, 2006, the The Authority
1044+shall have the power and dut y to:
1045+1. Adopt bylaws and pr omulgate rules for the regulation of its
1046+affairs and the conduct of its bus iness;
1047+2. Adopt an official seal;
1048+3. Maintain an office at a location to be determined by the
1049+Authority;
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1076+4. Sue and be sued, subject to the provision s of The
1077+Governmental Tort Cl aims Act;
1078+5. Enter into cooperative agreements with th e Board of Regents
1079+for the Oklahoma Agricultural and Mechanical Colleges for
1080+educational programs, professional staffing, research and other
1081+medical activities;
1082+6. Make and enter into all contracts ne cessary or incidental to
1083+the performance of its duties and the execution of its powers
1084+pursuant to the Oklahoma State Universit y Medical Authority Act;
1085+7. Purchase or lease equipment, furniture, materials and
1086+supplies, and incur such other expenses as may be necessary to
1087+maintain and operate hospitals or clin ics, or to discharge its
1088+duties and responsibilities or to make any of i ts powers effective;
1089+8. Acquire by purchase, lease, gift, or by any other manner,
1090+and to maintain, use and operate or to contrac t for the maintenance,
1091+use and operation of or lease of any and all property of any kind,
1092+real, personal, or mixed or any inter est therein unless otherwise
1093+provided by the Oklahoma State University Medical Authority Act;
1094+9. Appoint such officers, agents a nd employees, including but
1095+not limited to attorneys, a s it deems necessary and to prescribe
1096+their duties and to fix their comp ensation;
1097+10. Accept grants from the United States of America, or from
1098+any corporation or agency cr eated or designed by the Unit ed States
1099+of America, and, in connection with any grant , to enter into such
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1126+agreements as the United States of America or such corporation or
1127+agency may require;
1128+11. Make and issue bonds and to pledge revenues of the
1129+Authority subject to the Oklahoma Bond Oversight and Reform Act.
1130+Nothing in the Oklahoma Stat e University Medical Authority Act shall
1131+authorize the issuance of any bonds of the Authority payable other
1132+than from revenues of the Authority . Funds appropriated to the
1133+Authority shall not be used for issuance of bonds. Authority
1134+revenue bonds issued u nder the provisions of this act shall not at
1135+any time be deemed to cons titute a debt of the state or of any
1136+political subdivision thereof or a pledge of the faith and cred it of
1137+the state or of any pol itical subdivision, but such bonds shall be
1138+payable solely from the funds he rein provided. Such revenue bonds
1139+shall contain on the face thereof a statement to the effect that
1140+neither the state nor the Authority shall be obliga ted to pay the
1141+same or the interest thereon except from the revenues of the project
1142+or projects for which they are issued and that neither the faith and
1143+credit nor the taxing power of the state or any political
1144+subdivision thereof is pledged, or may hereaf ter be pledged, to the
1145+payment of the principal of or the interest on such bonds. Th e
1146+maximum amount of outstanding bonds at any time shall not exceed
1147+Fifty Million Dollars ($50,000,000.00) unless a greater amount is
1148+expressly approved by the Legislature by a concurrent resolution
1149+adopted prior to commencing any action in anticipation of issuance
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1176+of revenue bonds of the Oklahoma State University Medical Auth ority
1177+for the greater amount;
1178+12. Provide for complet e financial audits on all accounts of
1179+the Oklahoma State University Medical Authority and to authorize
1180+periodic audits by an independent external auditing agenc y. Such
1181+audits shall be performed annuall y in a format approved by the State
1182+Auditor and Inspector, and all such audits shall be submitted to the
1183+State Auditor and Inspec tor for review. Such audits shall be made
1184+in accordance with generally accepted audi ting standards and
1185+government auditing sta ndards. Financial statements shall be
1186+prepared in accordance with generally accepted accounting
1187+principles. In addition to said audits, whenever the State Aud itor
1188+and Inspector deems it appropriate, and at least once each five (5)
1189+years, or upon receipt of a request to do so from the Governor, the
1190+Attorney General, the President Pro Tempore of the Senat e, the
1191+Speaker of the House of Representatives or the Autho rity, the State
1192+Auditor and Inspector shall conduct a special audit of the
1193+Authority;
1194+13. Engage in long-term planning for the operation and
1195+management of the Authority;
1196+14. Establish petty cash funds and provide for approp riate
1197+accounting procedures and controls;
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1224+15. Contract with national manufacturers a nd distributors of
1225+drugs and medical suppl ies when appropriate to carry out the
1226+purposes of this act;
1227+16. Provide funding to other entities for purposes related to
1228+public health, teaching, research, an d the purposes of the Oklahoma
1229+State University Medica l Authority Act when provided funding for
1230+such purposes by the Legislature;
1231+17. Do all other things necessary and proper to implement the
1232+provisions of the Oklahoma State University Medical Authority A ct;
1233+17. 18. Waive, by such means as the Authority dee ms
1234+appropriate, the exemption from federal income taxation of interest
1235+on the Authority’s bonds provided by the Internal Revenue Code of
1236+1986, as amended, or any other fed eral statute providing a similar
1237+exemption;
1238+18. 19. Arrange for guaranties or insura nce of its bonds by the
1239+federal government or by any private insurer, and to pay any
1240+premiums therefor; and
1241+19. 20. Make a declaration of nece ssity as provided in Section
1242+3273 of this title. The Author ity may, in its exclusive judgment,
1243+make a declaration of necessity when such a declaration is deemed
1244+necessary to effectuate the purposes of the Okl ahoma State
1245+University Medical Authority Act.
2651246 B. The Oklahoma State Univer sity Medical Authority shall be
2661247 subject to the Oklahoma Budget Law of 1947.
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2701274 C. The Authority shall prepare monthly a “budget vs. actual”
2711275 report which shows by budget activity the m onthly and year-to-date
2721276 revenues and expenditur es compared to budgeted reve nues and
2731277 expenditures. Such rep ort shall be submitted to the Office of
2741278 Management and Enterprise Services and to the Directors of the House
2751279 of Representatives Fiscal Division and t he Senate Fiscal Division.
276-
2771280 D. The Authority sh all be subject to the profes sional risk
2781281 management program p rovided for in Section 85.58A of Title 74 of the
2791282 Oklahoma Statutes.
1283+SECTION 8. AMENDATORY 63 O.S. 2021, Section 3283, is
1284+amended to read as follows:
1285+Section 3283. Revenue bonds of the Oklahoma Stat e University
1286+Medical Authority issued pursuant to the provisions of the Oklahoma
1287+State University Medical Authority sh all not constitute a debt of
1288+the state or of any political subd ivision thereof, or a pledge of
1289+the full faith and credit of the state, or of any political
1290+subdivision thereof, but such bonds shall be payable solely from the
1291+funds provided therefor from the Authority’s revenues or
1292+appropriated by the Legislature . The forms of the bonds so issued
1293+shall contain on the face thereof a statement to the effect that
1294+neither the state nor the Authority shall be obligated to pay the
1295+same or the interest thereon except from t he revenues of the
1296+Authority pledged to the payment of such bonds and that neither the
1297+faith and credit nor the taxing power of t he state or any political
2801298
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1324+subdivision thereof is pledged, or may hereafter be pledged , to the
1325+payment of the principal of or in terest on such bonds. The bonds so
1326+issued shall be exempt from taxation by the State of Oklahoma and
1327+any political subdivision t hereof, including the inc ome therefrom,
1328+and any gain from the sale thereof.
1329+SECTION 9. AMENDATORY 63 O.S. 2021, Section 3290, is
2821330 amended to read as follows :
283-
2841331 Section 3290. A. The State of Oklahoma expressly ap proves the
2851332 creation of a public trust to be named th e “Oklahoma State
2861333 University Medical Trust ”, of which the State of Oklahoma shall be
2871334 the beneficiary, provided such approval shall be contingent upon
2881335 satisfaction of the following conditions:
289-
2901336 1. Finalizing of the declaratio n of trust;
291-
2921337 2. Adoption of the declaration of trust by an official action
2931338 of the trustees of the Trust;
294-
2951339 3. Submission of the Trust for acceptance of the beneficial
2961340 interest and approval as required by Section 177 of Title 60 of the
2971341 Oklahoma Statutes; and
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2991342 4. The approved declaration of trust shall:
300-
3011343 a. clearly state that the principal pur pose of the
3021344 Oklahoma State University Medi cal Trust is to
3031345 effectuate the purposes of the Oklahoma State
3041346 University Medical Authority as established in the
3051347 Oklahoma State University Medical Authority Act,
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3071374 b. except as otherwise provided by law, provide that the
3081375 title to real property held by the Ok lahoma State
3091376 University Medical Authority shall not be transferred,
3101377 conveyed, or assigned to the Oklahoma Sta te University
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3131378 Medical Trust without the express cons ent of the
3141379 Legislature as the governing entity of the beneficiary
3151380 pursuant to Section 176 of Ti tle 60 of the Oklahoma
3161381 Statutes,
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3181382 c. provide that any indebtedness incurred by the Oklahoma
3191383 State University Medical Trust or the trustees of the
3201384 Trust shall not be secured with or create a lien upon
3211385 real property to which title is held by the Oklahoma
3221386 State University Medical Authority and shall not
3231387 involve the bonding capacity of the Oklahoma State
3241388 University Medical Authority,
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3261389 d. provide that the trust estate of the Oklahoma State
3271390 University Medical Trust shall no t include fee simple
3281391 title to real propert y owned by the Oklahoma State
3291392 University Medical Authority,
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3311393 e. clearly state that the creation of the Oklahom a State
3321394 University Medical Trust shall not in any wa y reduce,
3331395 limit or interfere with the power granted t o the
3341396 Oklahoma State University Medical Au thority in the
3351397 Oklahoma State University Medical Authority Act,
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3371424 f. provide that any lease or contractual agre ement
3381425 involving use of the real property to which ti tle is
3391426 held by the Oklahoma State University Medical
3401427 Authority and any improvements thereto sha ll contain a
3411428 provision and covenants requiring the proper
3421429 maintenance and upkeep of the real property and
3431430 improvements,
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3451431 g. provide that the trustees of the Oklah oma State
3461432 University Medical Trust shall be the actin g members
3471433 of the Oklahoma State University Medical Authority as
3481434 provided in the Oklahoma State University Medical
3491435 Authority Act, and
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3511436 h. provide that the trustees of the Ok lahoma State
3521437 University Medical Trust shall have the duty to submit
3531438 an annual report to the Governor, the President Pro
354-Tempore of the Oklahoma State Senate and the Speaker
1439+Tempore of the Senate and the Speaker of the House of
1440+Representatives. The report shall be submitted by
1441+January 1 of each year and shal l include an account of
1442+all operations, actions of the Trust, account of all
1443+revenue received and disbursed by the Trust for th e
1444+previous fiscal year. The report shall also provide a
1445+complete accounting of how the Trust meets its prima ry
1446+function of effectuating the purposes of the Okla homa
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357-of the Oklahoma House of Representatives. The report
358-shall be submitted by January 1 of each year and shal l
359-include an account of all operations, act ions of the
360-Trust, account of all revenue received and disbursed
361-by the Trust for the previous fiscal year. The report
362-shall also provide a complete accounting of how the
363-Trust meets its primary function of effec tuating the
364-purposes of the Oklahoma State University Medical
365-Authority, as established in the Oklahoma State
366-University Medical Authority Act.
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1473+State University Medical Authority, as establish ed in
1474+the Oklahoma State University Medica l Authority Act.
3681475 B. The Oklahoma State University Medical Trust shall require
3691476 any agreements which it enters into with any entity pursuant to
370-Section 22 3292 of this act title for the operations of facilities
371-leased by the Oklahoma State University Medical Authority to the
372-Trust to include, but not be limited to:
373-
1477+Section 22 of this act for the operations of facilities leased by
1478+the Oklahoma State University Medical Authority to the Trust to
1479+include, but not be limited to:
3741480 1. The inclusion of all the members of the Trust, except th e
3751481 Chief Executive Officer of the Oklahoma Health Car e Authority, as
3761482 five of the six members representing the State of Oklahoma in a
3771483 governing committee, and the sixth member of the governing committee
3781484 representing the State of Oklahoma to be designated by the President
3791485 of Oklahoma State University;
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3811486 2. Binding arbitration shall not be required by such agreeme nts
3821487 for resolving issues under considerati on by the governing committee;
3831488 and
384-
3851489 3. Major decisions shall be resolved by the governing
3861490 committee, and approval of any major de cision by the governing
3871491 committee must include the approval of a majority of the stat e
3881492 appointees and the approval of a majorit y of the private entity
3891493 appointees to the governing committee. Major decisions shall
3901494 include:
1495+a. approval of the operating and capital budgets,
3911496
392-a. approval of the operating and capital budgets,
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3941522 b. sale or disposition of assets over Two Hundred Fifty
3951523 Thousand Dollars ($250,000.00) Five Hundred Thousand
3961524 Dollars ($500,000.00),
397-
398-
399-ENR. S. B. NO. 704 Page 10
4001525 c. the termination or transfer or material addition or
4011526 material diminution of medical se rvices at the
4021527 Oklahoma State University Medical Cent er related to
4031528 and part of a teaching program of the O klahoma State
4041529 University Center for Health Sciences, and
405-
4061530 d. other major decision s as may be agreed upon by the
4071531 Trust and the private entity.
408-
4091532 C. To the extent it is determined by legislative enactment th at
4101533 the Trust has expended funds in contravention of i ts mission as set
4111534 forth in this section, t he Trust shall remit, upon thirty (30) days’
4121535 written notice from the Oklahoma State University Medical Author ity,
4131536 such sum or sums to the Oklahoma State Universi ty Medical Authority.
414-
4151537 D. In the event the Trust ente rs into a joint venture or
4161538 acquires an interest in a not-for-profit entity to effectuate the
4171539 administration of the mission of the Trust, that entity sh all not be
4181540 subject to the Oklahoma Open Meeting Act and the Oklahoma Open
4191541 Records Act. Any information s ubmitted to or compiled by the Trust
4201542 with respect to marketing plans, financial statements, trade
4211543 secrets, research concepts, methods or products or an y other
4221544 proprietary information submitted to or comp iled by the Trust,
4231545 persons, firms, associations, part nerships, agencies, corporations,
1546+
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4241572 institutions of higher education, nonprofit re search institutions or
4251573 other entities shall be confidential, except to the extent that the
4261574 person or entity which provided such information or which is the
4271575 subject of such info rmation consents to disclosure. Executive
4281576 sessions may be held to discuss such materials if deemed necessary
4291577 by the Trust. The provisions of this sub section shall not ap ply to
4301578 budgetary information rel ated to appropriations or the
4311579 appropriations process.
1580+E. The Trust may hold meetings by videoc onference where each
1581+member of the Trust is visible and audible to each other and the
1582+public through a video monitor at the designated meeting site and
1583+online website, subject to the following:
1584+1. Each public meeting held by videoconference shall be
1585+recorded either by written, electronic, or other means;
1586+2. The meeting notice and agenda prepared in advance of t he
1587+meeting, as required by law, shall indicate at le ast one
1588+videoconferencing location and shall state th e location, address,
1589+and telephone number of each available videoconference site and
1590+provide the online website address to view the meeting ; and
1591+3. The meeting agenda pre pared in advance of the meeting, as
1592+required by law, shall indicate which members of the Trust will
1593+appear by video conference and which will be present at the
1594+designated meeting site.
4321595
433-SECTION 4. REPEALER 63 O.S. 2021, Section 3287, is
434-hereby repealed.
1596+ENGR. S. B. NO. 704 Page 17 1
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4351620
436-SECTION 5. This act shall become effective November 1, 2023.
1621+SECTION 10. NEW LAW A new section of law to be codified
1622+in the Oklahoma Statutes as Section 3294 of Title 63, unless there
1623+is created a duplication in numbering, reads as follows:
1624+A. The Oklahoma State University Medical Authori ty and the
1625+Oklahoma State University Medical Trust shall be, to the extent not
1626+already authorized by law, e xempt from the Public Competitive
1627+Bidding Act of 1974 for the purposes of the constructing of clinical
1628+facilities in furtherance of the purposes auth orized by the Oklahoma
1629+State University Medical Authority Act.
1630+B. As used in this section, “clinical facilities” means any
1631+facility where the majority of the a ctivity occurring is the
1632+delivery of direct patient care services either in person or via
1633+telehealth technology.
1634+SECTION 11. NEW LAW A new section o f law to be codified
1635+in the Oklahoma Statutes as Section 103.9 of Title 61, unless there
1636+is created a duplication in numbering, reads as follows:
1637+A. The Oklahoma State University M edical Authority and the
1638+Oklahoma State University Medical Trust shall be, to the extent not
1639+already authorized by law, exempt from the Public Competitive
1640+Bidding Act of 1974 for the purposes of the constructing of clinical
1641+facilities in furtherance of the purposes authorized by the Oklahoma
1642+State University Medical Authority Act .
1643+B. As used in this section, “clinical facilities” means any
1644+facility where the maj ority of the activity occurring is the
4371645
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439-ENR. S. B. NO. 704 Page 11
440-Passed the Senate the 24th day of May, 2023.
1671+delivery of direct patient care services either in person or via
1672+telehealth technology .
1673+SECTION 12. REPEALER 63 O.S. 2021, Sections 3287 and
1674+3291, are hereby repealed.
1675+SECTION 13. This act shall become effective November 1, 2023.
1676+Passed the Senate the 23rd day of March, 2023.
4411677
4421678
4431679
4441680 Presiding Officer of the Senate
4451681
4461682
447-Passed the House of Representatives the 26th day of April, 2023.
1683+Passed the House of Representatives the ____ day of __________,
1684+2023.
4481685
4491686
4501687
4511688 Presiding Officer of the House
4521689 of Representatives
4531690
454-OFFICE OF THE GOVERNOR
455-Received by the Office of the Governor this ____________________
456-day of ___________________, 20_______, at _______ o'clock _______ M.
457-By: _______________________________ __
458-Approved by the Governor of the State of Oklahoma this _____ ____
459-day of _________________ __, 20_______, at _______ o'clock _______ M.
4601691
461- ____________________________ _____
462- Governor of the State of Oklahoma
463-
464-
465-OFFICE OF THE SECRETARY OF STATE
466-Received by the Office of the Secretary of State this _______ ___
467-day of __________________, 20 _______, at _______ o'clock _______ M.
468-By: _______________________________ __