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| 2 | - | ENROLLED HOUSE | |
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| 3 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 1 | |
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| 30 | + | April 11, 2024 | |
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| 33 | + | ENGROSSED HOUSE | |
| 3 | 34 | BILL NO. 3328 By: Roe of the House | |
| 4 | 35 | ||
| 5 | 36 | and | |
| 6 | 37 | ||
| 7 | 38 | Stanley of the Senate | |
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| 10 | 39 | ||
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| 13 | 42 | ||
| 14 | 43 | An Act relating to professions and occupations; | |
| 15 | 44 | amending 59 O.S. 2021, Section 567.5a, which relates | |
| 16 | 45 | to advanced practice register ed nurse applicant | |
| 17 | 46 | requirements; adding a qualification for licensure; | |
| 18 | 47 | amending 59 O.S. 2021, Section 567.7, which relates | |
| 19 | 48 | to renewal or reinstatement of license or | |
| 20 | 49 | certificate; adding a certain requirement for | |
| 21 | 50 | reinstatement of license or certificate; amen ding 59 | |
| 22 | 51 | O.S. 2021, Section 567.18, which relates to criminal | |
| 23 | 52 | background check; requiring certain licenses or | |
| 24 | 53 | certificates to receive criminal history background | |
| 25 | 54 | checks; clarifying fingerprint process; limiting the | |
| 26 | 55 | use of criminal history record information ; and | |
| 27 | 56 | providing an effective date . | |
| 28 | 57 | ||
| 29 | 58 | ||
| 30 | 59 | ||
| 31 | 60 | ||
| 32 | - | SUBJECT: Professions and occupations | |
| 33 | - | ||
| 34 | 61 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 35 | - | ||
| 36 | 62 | SECTION 1. AMENDATORY 59 O.S. 2021, Section 567.5a, is | |
| 37 | 63 | amended to read as follows: | |
| 38 | - | ||
| 39 | 64 | Section 567.5a A. All applicants for a license to prac tice as | |
| 40 | 65 | an Advanced Practice Registered Nurse shall be subject to Section | |
| 41 | 66 | 567.8 of this title. | |
| 42 | - | ||
| 43 | 67 | B. An applicant for an initial license to practice as an | |
| 44 | 68 | Advanced Practice Registered Nurse shall: | |
| 45 | - | ENR. H. B. NO. 3328 Page 2 | |
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| 46 | 96 | 1. Submit a completed written application and appropriate fe es | |
| 47 | 97 | as established by the Board; | |
| 48 | - | ||
| 49 | 98 | 2. Submit a criminal history records check that complies with | |
| 50 | 99 | Section 567.18 of this title; | |
| 51 | - | ||
| 52 | 100 | 3. Hold a current Registered Nurse license in this state; | |
| 53 | - | ||
| 54 | 101 | 4. Have completed an advanced practice registered nursing | |
| 55 | 102 | education program in one of the four advanced practice registered | |
| 56 | 103 | nurse roles and a specialty area recognized by the Board. Effective | |
| 57 | 104 | January 1, 2016, the applicant shall have completed an accredited | |
| 58 | 105 | graduate level advanced practice registered nursing education | |
| 59 | 106 | program in at least one of the following population foci: | |
| 60 | 107 | family/individual across the lifespan, adult -gerontology, neonatal, | |
| 61 | 108 | pediatrics, women's health/gender-related, or psychiatric/mental | |
| 62 | 109 | health; | |
| 63 | - | ||
| 64 | 110 | 5. Be currently certified in an advanced practice specialty | |
| 65 | 111 | certification consistent with educational preparation and by a | |
| 66 | 112 | national certifying body recognized by the Board; and | |
| 67 | - | ||
| 68 | 113 | 6. Provide any and all other evidence as required by the Board | |
| 69 | 114 | in its rules. | |
| 70 | - | ||
| 71 | 115 | C. The Board may issue a license by endorsement to an Advance d | |
| 72 | 116 | Practice Registered Nurse licens ed under the laws of another state | |
| 73 | 117 | if the applicant meets the qualifications for licensure in this | |
| 74 | 118 | state. An applicant by endorsement shall: | |
| 75 | 119 | ||
| 120 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 3 | |
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| 76 | 146 | 1. Submit a completed written application and appropriate fees | |
| 77 | 147 | as established by the Board; | |
| 78 | - | ||
| 79 | 148 | 2. Submit a criminal history records check that complies with | |
| 80 | 149 | Section 567.18 of this Title; | |
| 81 | - | ||
| 82 | 150 | 2. 3. Hold a current Registered Nurse license in this state; | |
| 83 | - | ||
| 84 | 151 | 3. 4. Hold recognition as an Advanced Practice Registered Nurse | |
| 85 | 152 | in a state or territory ; | |
| 86 | - | ||
| 87 | 153 | 4. 5. Have completed an advance d practice registered nursing | |
| 88 | 154 | education program in one of the four roles and a specialty area | |
| 89 | 155 | recognized by the Board. Effective January 1, 2016, the applicant | |
| 90 | - | shall have completed an accredited graduate level advanced | |
| 156 | + | shall have completed an accredited graduate level advanced pr actice | |
| 91 | 157 | registered nursing education program in at least one of the | |
| 92 | 158 | following population foci: family/individual across the lifespan, | |
| 93 | 159 | adult-gerontology, neonatal, pediatrics, women 's health/gender- | |
| 94 | 160 | related, or psychiatric/mental health; | |
| 95 | - | ||
| 96 | 161 | 5. 6. Be currently certified in an advanced practice specialty | |
| 97 | 162 | certification consistent with educational preparation and by a | |
| 98 | 163 | national certifying body recognized by the Board; | |
| 99 | - | ||
| 100 | 164 | 6. 7. Meet continued competency requirements as set forth in | |
| 101 | 165 | Board rules; and | |
| 102 | - | ||
| 103 | 166 | 7. 8. Provide any and all other evidence as required by the | |
| 104 | 167 | Board in its rules. | |
| 105 | - | ||
| 106 | 168 | D. The Board may issue prescriptive authority recognition by | |
| 107 | 169 | endorsement to an Advanced Practice Registered Nurse licensed as an | |
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| 108 | 197 | APRN-CNP, APRN-CNS, or APRN-CNM under the laws of another state i f | |
| 109 | 198 | the applicant meets the requirem ents set forth in this section. An | |
| 110 | 199 | applicant for prescriptive authority recognition by endorsement | |
| 111 | 200 | shall: | |
| 112 | - | ||
| 113 | 201 | 1. Submit a completed written application and appropriate fees | |
| 114 | 202 | as established by the Board; | |
| 115 | - | ||
| 116 | 203 | 2. Hold current Regis tered Nurse and Advanced Practice | |
| 117 | 204 | Registered Nurse licenses (APRN -CNP, APRN-CNS, or APRN-CNM) in the | |
| 118 | 205 | state; | |
| 119 | - | ||
| 120 | 206 | 3. Hold current licensure or recognition as an Advanced | |
| 121 | 207 | Practice Registered Nurse in the same role and specialty with | |
| 122 | 208 | prescribing privileges in ano ther state or territory; | |
| 123 | - | ||
| 124 | 209 | 4. Submit documentation verifying successful completion of a | |
| 125 | 210 | graduate level advanced practice registered nursing education | |
| 126 | 211 | program that included an academic course in pharmacotherapeutic | |
| 127 | 212 | management, and didactic and clinical prepa ration for prescribing | |
| 128 | 213 | incorporated throughout the program; | |
| 129 | - | ||
| 130 | 214 | 5. Submit a written statement from an Oklahoma licensed | |
| 131 | 215 | physician supervising prescriptive authority as required by the | |
| 132 | 216 | Board in its rules; | |
| 133 | - | ||
| 134 | 217 | 6. Meet continued competency requirements as set forth in Board | |
| 135 | - | rules; and ENR. H. B. NO. 3328 Page 4 | |
| 136 | - | ||
| 218 | + | rules; and | |
| 137 | 219 | 7. Provide any and all other evidence as required by the Board | |
| 138 | 220 | in its rules. | |
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| 222 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 5 | |
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| 139 | 247 | ||
| 140 | 248 | E. An Advanced Practice Registered Nurse license issued under | |
| 141 | 249 | this section shall be renewed concurrently with the registered nurse | |
| 142 | 250 | license provided that qua lifying criteria continue to be met. | |
| 143 | - | ||
| 144 | 251 | F. The Board may reinstate a license as set forth in Board | |
| 145 | 252 | rules. | |
| 146 | - | ||
| 147 | 253 | SECTION 2. AMENDATORY 59 O.S. 2021, Section 567.7, is | |
| 148 | 254 | amended to read as follows: | |
| 149 | - | ||
| 150 | 255 | Section 567.7 A. Upon expiration of an initi al license or | |
| 151 | 256 | certificate issued p ursuant to the Oklahoma Nursing Practice Act, a | |
| 152 | 257 | license or certificate shall be renewed every two (2) years | |
| 153 | 258 | according to a schedule published by the Oklahoma Board of Nursing, | |
| 154 | 259 | provided that the application is complete and qualifying criteria | |
| 155 | 260 | continues to be met. | |
| 156 | - | ||
| 157 | 261 | B. A licensee or certificate holder who applies for | |
| 158 | 262 | reinstatement of a license or certificate shall submit a criminal | |
| 159 | 263 | history records check that complies with Section 567.18 of this | |
| 160 | 264 | title and meet any other such requirements as the Board may | |
| 161 | 265 | prescribe in its rules. | |
| 162 | - | ||
| 163 | 266 | C. Contingent upon available resources by the Board, the Board | |
| 164 | 267 | may require an applicant for renewal who has not previously | |
| 165 | 268 | submitted a criminal history records check to the Board to submit a | |
| 166 | 269 | criminal history records check that complies with Section 567.18 of | |
| 167 | 270 | this title and meet any other requirements as the Board may | |
| 168 | 271 | prescribe in its rules. | |
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| 273 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 6 | |
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| 169 | 298 | ||
| 170 | 299 | D. Any licensee or certificate holder who desires to retire | |
| 171 | 300 | temporarily from the practice of nursing in this state shall submit | |
| 172 | 301 | a written request to that effect to the Board. It shall be the duty | |
| 173 | 302 | of the Board to place the name of such licensee or certificate | |
| 174 | 303 | holder upon the nonpracticing list in accordance with the rules of | |
| 175 | 304 | the Board. During the period of temporary r etirement, the licensee | |
| 176 | 305 | or certificate holder shall not practice nursing, Advanced Practice | |
| 177 | 306 | Registered Nursing or practice as an Advanced Unlicensed Assistant | |
| 178 | 307 | nor be subject to the payment of any renewal fees. When the | |
| 179 | - | licensee or certificate holder | |
| 308 | + | licensee or certificate holder desir es to resume practice, such | |
| 180 | 309 | licensee or certificate holder shall meet such requirements as the | |
| 181 | 310 | Board may prescribe in its rules. | |
| 182 | - | ||
| 183 | 311 | D. E. The Board is authorized to establish by rule fees to be | |
| 184 | 312 | charged for the purpose of implementing and enforcing the provis ions | |
| 185 | 313 | of the Oklahoma Nursing Practice Act; provided, however, no single | |
| 186 | 314 | fee for an initial application for licensure or certification, or | |
| 187 | - | for renewal, reinstatement or return to active practice shall | |
| 188 | - | exceed One Hundred Twenty-five Dollars ($125.00). Th e application | |
| 189 | - | fee for a multistate license issued pursu ant to Section 5 of this | |
| 190 | - | act shall be One Hundr ed Fifty Dollars ($150.00). The biennial | |
| 191 | - | multistate license rene wal fee shall be One Hundred Twenty -five | |
| 192 | - | Dollars ($125.00); provided, however, that conti ngent upon | |
| 193 | - | implementation of the Nurse Licensure Compac t and the Board's | |
| 194 | - | revolving fund balance being reconciled at less than the average of | |
| 195 | - | three (3) months of expend itures, the biennial renewal fee set f orth | |
| 196 | - | in Oklahoma Administrative Code 485:10 -1-3(a)(2) shall increase by | |
| 197 | - | Ten Dollars ($10.00) by operation of law. The Board may reduce the | |
| 198 | - | biennial renewal fees on a pro rata basis for the specific | |
| 199 | - | Registered Nurse and Licensed Practical Nurse biennial re newal | |
| 200 | - | period. | |
| 315 | + | for renewal, reinstatement or return to active practice shall exceed | |
| 316 | + | One Hundred Twenty-five Dollars ($125.00). The a pplication fee for | |
| 317 | + | a multistate license issued pursuant to Section 5 of this act shall | |
| 318 | + | be One Hundred Fifty Dollars ($150.00). The biennial multistate | |
| 319 | + | license renewal fee shall be One Hundred Twenty -five Dollars | |
| 320 | + | ($125.00); provided, however, that continge nt upon implementation of | |
| 321 | + | the Nurse Licensure Compact and the Board 's revolving fund balance | |
| 322 | + | being reconciled at less than the average of three (3) months of | |
| 201 | 323 | ||
| 324 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 7 | |
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| 350 | + | expenditures, the biennial renewal fee set forth in Oklahoma | |
| 351 | + | Administrative Code 485:10 -1-3(a)(2) shall increase by Ten Dollars | |
| 352 | + | ($10.00) by operation of law. The Board may reduce the biennial | |
| 353 | + | renewal fees on a pro rata basis for the specific Registered Nurse | |
| 354 | + | and Licensed Practical Nurse biennial renewal period. | |
| 202 | 355 | E. F. The Executive Director of the Boa rd shall suspend the | |
| 203 | 356 | license or certificate of a person who submits a check, money draft, | |
| 204 | 357 | or similar instrument for payment of a fee which is not honored by | |
| 205 | 358 | the financial institution named. The suspension becomes effective | |
| 206 | 359 | ten (10) days following delivery by certified mail of written noti ce | |
| 207 | 360 | of the dishonor and the impending suspension to the person 's address | |
| 208 | 361 | on file. Upon notification of suspension, the person may reinstate | |
| 209 | 362 | the authorization to practice upon payment of the fees and any and | |
| 210 | 363 | all costs associated with notice and collection. The suspension | |
| 211 | 364 | shall be exempt from the Administrative Procedures Act. | |
| 212 | - | ||
| 213 | 365 | SECTION 3. AMENDATORY 59 O.S. 2021, Section 567. 18, is | |
| 214 | 366 | amended to read as follows: | |
| 215 | - | ||
| 216 | 367 | Section 567.18 A. The criminal background check shall include | |
| 217 | 368 | Any applicant for a license or certificate described below shall be | |
| 218 | 369 | required to undergo a national criminal history background check as | |
| 219 | 370 | described in this section. | |
| 220 | - | ||
| 221 | 371 | 1. Registered Nurse (RN) license, | |
| 222 | - | ||
| 223 | 372 | 2. Advanced Practice Registered Nurs e (APRN) license, | |
| 224 | - | ENR. H. B. NO. 3328 Page 6 | |
| 225 | 373 | 3. Practical Nurse License (LPN), | |
| 226 | 374 | ||
| 375 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 8 | |
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| 227 | 401 | 4. Advanced Unlicensed Assistant Certificate, | |
| 228 | - | ||
| 229 | 402 | 5. Multistate nursing license, when Oklahoma is the Primary | |
| 230 | 403 | State of Residence. | |
| 231 | - | ||
| 232 | 404 | B. Licensing and certification decisions shall be based on, in | |
| 233 | 405 | addition to other licensure requirements, a criminal history records | |
| 234 | 406 | search conducted by the Oklahoma State Bureau of Investigation that | |
| 235 | 407 | is not more than ninety (90) days old. | |
| 236 | - | ||
| 237 | 408 | B. C. Contingent upon available resources by the Board, all | |
| 238 | 409 | criminal background checks eff ective January 1, 2013, are subject to | |
| 239 | 410 | the following: | |
| 240 | - | ||
| 241 | 411 | 1. Submission of a full set of fingerprints to the Board for | |
| 242 | 412 | the purpose of permitting a state and federal criminal history | |
| 243 | 413 | records search pursuant to Section 150.9 of Title 74 of the Oklahoma | |
| 244 | 414 | Statutes and Public Law 92-544 that is not more than ninety (90) | |
| 245 | 415 | days old. The Oklahoma State Bureau of Investigation may exchange | |
| 246 | 416 | these fingerprints with the Federal Bureau of Investigation; | |
| 247 | - | ||
| 248 | 417 | 2. The applicant shall furnish the Board fingerprints as | |
| 249 | 418 | established by Board rules and a money order or cashier 's check made | |
| 250 | 419 | payable to the Oklahoma State Bureau of Investigation or the Board 's | |
| 251 | 420 | designated vendor; | |
| 252 | - | ||
| 253 | 421 | 3. The Board shall forward the fingerprints along with the | |
| 254 | 422 | applicable fee for a national fingerprint criminal h istory records | |
| 255 | 423 | search to the Bureau; | |
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| 425 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 9 | |
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| 256 | 450 | ||
| 257 | 451 | 4. The Bureau shall retain one set of fingerprints in search | |
| 258 | 452 | the Oklahoma Automated Fingerprint Identification System and submit | |
| 259 | 453 | the other set forward fingerprints to the FBI for a national | |
| 260 | 454 | criminal history records sea rch; | |
| 261 | - | ||
| 262 | 455 | 5. Any and all state and federal criminal history record | |
| 263 | 456 | information obtained by the Board from the Bureau or the FBI which | |
| 264 | 457 | is not already a matter of public record shall be deemed nonpublic. | |
| 265 | 458 | The confidential information shall be restricted to the e xclusive | |
| 266 | 459 | use of the Board, its mem bers, officers, investigators, agents, and | |
| 267 | 460 | attorneys in evaluating the applicant 's eligibility or | |
| 268 | 461 | disqualification for licensure; and | |
| 269 | - | ENR. H. B. NO. 3328 Page 7 | |
| 270 | 462 | 6. Fingerprint images may be rejected by the OSBI and the FBI | |
| 271 | 463 | for a variety of reasons, including, but not limited to, fingerprint | |
| 272 | 464 | quality or an inability by the OSBI or FBI to classify the | |
| 273 | 465 | fingerprints. These rejections require the applicant to be | |
| 274 | 466 | fingerprinted again. Applicants with fingerprints rejected for | |
| 275 | 467 | improper registration will be required to re-register, re-pay and be | |
| 276 | 468 | re-fingerprinted. Applicant is responsible for insuring and | |
| 277 | 469 | verifying that all data is correct in the fingerprinting process. | |
| 278 | - | ||
| 279 | 470 | C. D. The necessary steps to initiate the criminal background | |
| 280 | 471 | checks may be performed by the Board or its designated vendor. | |
| 281 | - | ||
| 282 | 472 | D. E. An individual applying for any type of multistate | |
| 283 | 473 | license, when Oklahoma is the Primary State of Residence, shall | |
| 284 | 474 | submit to a criminal background check that complies with this | |
| 475 | + | ||
| 476 | + | SENATE FLOOR VERSION - HB3328 SFLR Page 10 | |
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| 494 | + | 18 | |
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| 285 | 502 | section; provided, however, that if the individual has been | |
| 286 | 503 | continuously enrolled in the Federal Bureau of Investigation 's Rap | |
| 287 | 504 | Back Service since issuance of the initial multistate license, the | |
| 288 | 505 | individual shall not be required to undergo another criminal history | |
| 289 | 506 | record search. No criminal history record information will be | |
| 290 | 507 | disseminated outside the Board, as described in paragraph 5 of this | |
| 291 | 508 | subsection. | |
| 292 | - | ||
| 293 | 509 | SECTION 4. This act shall become effective November 1, 2024. | |
| 294 | - | ENR. H. B. NO. 3328 Page 8 | |
| 295 | - | Passed the House of Representatives the 5th day of March, 2024. | |
| 296 | - | ||
| 297 | - | ||
| 298 | - | ||
| 299 | - | ||
| 300 | - | Presiding Officer of the House | |
| 301 | - | of Representatives | |
| 302 | - | ||
| 303 | - | ||
| 304 | - | ||
| 305 | - | Passed the Senate the 17th day of April, 2024. | |
| 306 | - | ||
| 307 | - | ||
| 308 | - | ||
| 309 | - | ||
| 310 | - | Presiding Officer of the Senate | |
| 311 | - | ||
| 312 | - | ||
| 313 | - | OFFICE OF THE GOVERNOR | |
| 314 | - | Received by the Office of the Governor this ____________________ | |
| 315 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
| 316 | - | By: _________________________________ | |
| 317 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
| 318 | - | day of ___________________, 20 _______, at _______ o'clock _______ M. | |
| 319 | - | ||
| 320 | - | ||
| 321 | - | _________________________________ | |
| 322 | - | Governor of the State of Oklahoma | |
| 323 | - | ||
| 324 | - | OFFICE OF THE SECRETARY OF STATE | |
| 325 | - | Received by the Office of the Secretary of State this __________ | |
| 326 | - | day of ___________________, 20_______, at ____ ___ o'clock _______ M. | |
| 327 | - | By: _________________________________ | |
| 328 | - | ||
| 510 | + | COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES | |
| 511 | + | April 11, 2024 - DO PASS |