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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 755 By: Garvin
AS INTRODUCED
An Act relating to the practice of nursing; a mending
59 O.S. 2021, Section 567.4 , which relates to the
Oklahoma Board of Nursing ; modifying membership of
the Board; modifying, adding, and removing
qualifications for membership ; modifying appointing
authorities of members; modifying certain limitation
on appointees; removing obs olete language; allowing
members to be removed without cause; mo difying
requirements for quorum; removing certain
qualification of Executive Director; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 567.4, is
amended to read as follows:
Section 567.4. A. 1. The Oklahoma Board of Nursing is here by
established in the State of Oklahoma. The Board shall consist of
eleven (11) members who shall be citizens of the United St ates of
America, and residents of Oklahoma this state, for at least the
previous three (3) years. Six
2. Three of the members shall be Registered Nurses , none of
whom are Advanced Practice Registered Nur ses, and shall be in good
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standing under the provis ions of the Oklahoma Nursing Practice Act,
currently engaged in the practice of nursing as a Registered Nurse
and shall have had no less than five (5) years of experience as a
Registered Nurse. At least two of the Registered Nurs es shall be
from the field of nursing education, actively associated with a
recognized school of nursing in Oklahoma, and who hold an
organizational role o f administration/management and who are
accountable for strategic, operation al and/or performance out comes.
At least two of the Registered Nurses who hold an organizational
role of administration/management and who are accountable for
strategic, operation al and/or performance outcomes shall represent
nursing service. At least on e of the Registered Nurse s shall be
currently engaged in the practice of nursing as an Advanced Practice
Registered Nurse Each Registered Nurse member shall be appointed by
the Governor. One of the Registered Nurse members shall possess an
Associate Degree in Nursing (ADN) or a Registered Nurse diploma and
shall not possess a Bachelor of Science in Nursing (BSN). One of
the Registered Nurse members shall be appointed from a county with a
population of less than forty thousand (40,000) .
3. Three of the members shall be Licensed Practical Nurses in
good standing under the provisions of the Oklahoma Nursing Practice
Act and currently engaged in t he practice of practical nursing as a
Licensed Practical Nurse and shall have had no less than five (5)
years of experience as a Licensed Practical Nurse. One of the
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licensed nurses must be employed in the field of long -term care.
One of the licensed nur ses shall be employed in the area of a cute
care Each Licensed Practical Nurse member shall be appointed by the
Governor. Two of the Licensed Practical Nurse members shall be
appointed from a county with a pop ulation of less than forty
thousand (40,000).
4. One of the members shall be a licen sed Advanced Practice
Registered Nurse in good standing under the provisions of the
Oklahoma Nursing Practice Act, currently en gaged in the practice of
nursing as an Advanced Practice Registered Nurse and shall have had
no less than five (5) years of exper ience as an Advanced Practice
Registered Nurse. The Advanced Practice Regis tered Nurse member
shall be appointed by the Govern or.
5. Two members shall represent the public and shall be eligible
voters of this state, knowledgeable in consumer hea lth concerns, and
shall neither be nor ever have been associated with the provision o f
health care, nor be enrolled in any health -related educational
program. The public members shall be appointed by the Governor to
serve coterminously with the Governor. At least one Registered
Nurse Board member, one Licensed Practical Nurse Board membe r and
one public Board member One of the public mem bers shall be appointed
by the President Pro Tempore of the Senate. One of the public
members shall be appointed by the Speaker of the House of
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Representatives from a county with a population of less than forty
thousand (40,000).
6. Two members shall rep resent a healthcare profession other
than nursing or licensed practical nursing including , but not
limited to, a healthcare provider field or the healthcare
administration field. One of the members representing a healthcare
profession other than nursing or licensed practical nursing shall be
appointed by the Speaker of the House of Representatives . One of
the members representing a healthcare profession other than nursing
or licensed practical nursing shall be appointed by the President
Pro Tempore of the Senate from a county with a population of less
than forty thousand (40,000).
B. For the purpose of nominating, appointing or re appointing
members to the Board, this state shall be divided into eight
geographical districts, consisting of counties within t he districts
as follows:
District No. 1 Cimarron, Texas, Beaver, Harper, Woods, Alfalfa,
Grant, Kay, Ellis, Woodward, Major, Garf ield,
Noble, Dewey, Blaine, Kingfisher and Logan;
District No. 2 Roger Mills, Custer, Beckham, Washita, Caddo,
Greer, Kiowa, Harmon, Jackson, Comanche, Tillman
and Cotton;
District No. 3 Canadian, Grady, McClain, Garvin, Stephens,
Murray, Jefferson, Carter and Love;
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District No. 4 Oklahoma;
District No. 5 Lincoln, Okfuskee, Clevel and, Pottawatomie,
Seminole, Hughes, Pontotoc, Coal , Johnston,
Marshall and Bryan;
District No. 6 Creek and Tulsa;
District No. 7 Osage, Washington, Nowata, Craig, Ottawa,
Pawnee, Payne, Rogers, Mayes and Delaware; and
District No. 8 Wagoner, Cherokee, Ada ir, Okmulgee, Muskogee,
Sequoyah, McIntosh, Haskell , Leflore, Pittsburg,
Latimer, Atoka, Pushmataha, McCurtain and
Choctaw.
Not more than one Registered Nurse and one Licensed Prac tical
Nurse and one public member shall be appointed from any one
geographical district.
C. The Governor shall appoint one of the Registered Nurse Board
members from a list of names submitted by the Oklahoma Nurses
Association and Oklahoma chapters of nat ionally recognized
Registered Nurse organizations. The Governor shall appoi nt one of
the Licensed Practical Nurse Board members from a list of names
submitted by the Oklahoma chapters of nationally recognized nursing
organizations. Individuals who are me mbers of the Oklahoma Board of
Nursing prior to September 1, 1991, shall be allowed to fulfill
their terms and be eligible for reappointment.
D. The Registered Nurse and Licensed Practical Nurse
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C. All Board members shall be appointed for terms of five ( 5)
years. Members shall serve at the pleasure of their ap pointing
authorities and may be removed without cause . Upon the death,
resignation, or removal of any member, a list from the
aforementioned organizations shall be sub mitted to the Governor who
the appointing authority shall appoint a member to fill the vacancy .
1. In addition to the grounds for removal by the Governor of
members appointed to the Boar d provided in Section 2 of Title 74 of
the Oklahoma Statutes, it is a ground for removal if a member:
a. does not have at the time of appointment the
qualifications required b y subsection A of this
section,
b. is not employed in nursing for a period of twe lve (12)
consecutive months during the term for which the
member was appointed,
c. is absent from more than half of the regularly
scheduled Board meetings that the member is e ligible
to attend during a calendar year, unless th e absence
is excused by a majo rity vote of the Board, or
d. cannot discharge the duties as a Board member for a
substantial portion of the term for which the member
is appointed because of illness or disab ility.
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2. The validity of an action of the Board i s not affected by
the fact that it is taken when a ground for removal of a Board
member exists.
3. If the president of the Board has knowledge that a potential
ground for removal exists, the president sha ll then notify the
Governor that a potential ground for removal exists.
E. D. A quorum shall be a majority of the Board which must
include at least three two Registered Nurses, not including the
Advanced Practice Registered Nurse Member, and one two Licensed
Practical Nurse Nurses.
F. E. The members of the Board shall annually elect from their
number a president, vice -president and a secretary who shall also be
the treasurer, and other such officers as necessary to conduct the
business of the Board. It s hall hold six regular business meetings
during each calendar year. Special meetings may be called by the
president or secretary with five (5) days ’ notice to each member of
the Board. The Board shall have a seal; it shall make and adopt all
necessary rules not inconsistent with the laws of this state, th e
United States, or with the Oklahoma Nursing Practice Act; and it
shall perform the duties and transact the busi ness required under
the provisions of the act Oklahoma Nursing Practice Act . The Board
shall cause to be kept a record of a ll meetings of the Board and
give notice of all meetings in accordance with the Administrative
Procedures Act and the Open Meeting Act. A list of a ll persons duly
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licensed and qualified under this act the Oklahoma Nursing Practice
Act shall be maintained by the Board. Each member of the Board
shall receive, in addition to actual and necessary travel expenses
as provided in the State Travel Reimburse ment Act, compensation of
One Hundred Dollars ($ 100.00) for each regular sch eduled monthly
meeting attended, not to exceed more than six meetings per year.
All monies received by the Board shall be held by the treasurer of
the Board for meeting the expens es of the Board and for the
promotion of nursing education, to employ an att orney to assist the
Board and other state and count y officials in carrying out the
provisions of the Oklahoma Nursing Practice Act, and such other
purposes which the Board may dete rmine, and shall be disbursed as
directed by the Board. The Board is author ized to adopt and revise
rules, not inconsistent wi th the provisions of the Oklahoma Nursing
Practice Act, as may be necessary to enable it to carry into effect
the provisions of the act, including rules establishing fees,
charges and reimbursement costs. The Board shall appoint and employ
a qualified person, who shall be a Registered Nurse to serve as
Executive Director, and shall fix the compensation, notwithstanding
any other provision of law including Section 3601.2 of Title 74 of
the Oklahoma Statutes , in an amount not in excess of the maximum
salary proposed for the Oklahoma Board of Nursing and set forth in
the most recent Compensation Report prepared by or for the Office of
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Management and Enterprise Services, require a sa tisfactory bond, and
define the duties of the Executive Director to include:
1. The authority and responsibility for the operations and
administration of the agency and such additional powers and duties
as prescribed by the Board. As chief executive of t he Board, the
Executive Director shall manage all aspects of the agency, includ ing
personnel, financial and other resources, in support of the Oklahoma
Nursing Practice Act, its rules and policies, and the Bo ard’s
mission and strategic plan;
2. The authority to accept orders as set forth in paragraph 3
of this subsection on behalf o f the Board and where ratification by
the Board is not required. The Executive Director shall report
summaries of dispositions t o the Board at its regular meetings;
3. a. Orders orders issued under Section 2 of this act,
b. Agreed agreed disciplinary orders requiring an
applicant or licensee to enter and comply with the
Peer Assistance Program,
c. Agreed agreed disciplinary orders for the
reinstatement or endorsement of a
license/certificate/recog nition when the applicant has
practiced without an active Oklahoma
license/certificate/recogni tion, and
d. Agreed agreed disciplinary orders for the voluntary
surrender of a license/certification/recognition.
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SECTION 2. This act shall become effective November 1, 2023 .
59-1-41 DC 1/18/2023 5:33:59 PM