An Act
ENROLLED HOUSE
BILL NO. 3328 By: Roe of the House
and
Stanley of the Senate
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 567.5a, which relates
to advanced practice registered nurse a pplicant
requirements; adding a qualification for licensure ;
amending 59 O.S. 2021, Section 567.7, which relates
to renewal or reinstatement of licens e or
certificate; adding a certain requirement for
reinstatement of license or certificate ; amending 59
O.S. 2021, Section 567.18, which relates to criminal
background check; requiring certain licenses or
certificates to receive criminal history back ground
checks; clarifying fingerprint process; limiting the
use of criminal history record infor mation; and
providing an effective date.
SUBJECT: Professions and occupations
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 567.5a, is
amended to read as follows :
Section 567.5a A. All applicants for a license to practice as
an Advanced Practice Registered Nurse shall be subject to Section
567.8 of this title.
B. An applicant for an initial license to prac tice as an
Advanced Practice Registered Nurse shall:
ENR. H. B. NO. 3328 Page 2
1. Submit a completed written applica tion and appropriate fees
as established by the Board;
2. Submit a criminal history records check that complies with
Section 567.18 of this title;
3. Hold a current Registered Nurse license in this state;
4. Have completed an a dvanced practice regist ered nursing
education program in one of the four advanced practice registered
nurse roles and a specialty area recognized by the Board. Effective
January 1, 2016, the applicant shall have compl eted an accredited
graduate level advanced practice registere d nursing education
program in at least one of the following population foci:
family/individual across the lifespan, adult -gerontology, neonatal,
pediatrics, women's health/gender-related, or psychiatric/mental
health;
5. Be currently certified in an advanced practice specialty
certification consistent with educational preparation and by a
national certifying body recognized by the Board; and
6. Provide any and all ot her evidence as required by the Board
in its rules.
C. The Board may issue a license by endorsement to an Advanced
Practice Registered Nurse licensed under the laws of another state
if the applicant meets the qualifications for licensure in this
state. An applicant by endorsement shall:
1. Submit a completed written application and appropriate fees
as established by the Board;
2. Submit a criminal history records check that complies with
Section 567.18 of this title;
2. 3. Hold a current Registered Nurse license in this state;
3. 4. Hold recognition as an Advanced Pr actice Registered Nurse
in a state or territory;
4. 5. Have completed an advanced practice registered nursing
education program in one of the four roles and a specialty area
recognized by the Board. Effective Janua ry 1, 2016, the applicant
shall have completed an accredited graduate level advanced practice ENR. H. B. NO. 3328 Page 3
registered nursing education program in at least one of the
following population foci: family/individual across the lifespan,
adult-gerontology, neonatal, pediat rics, women's health/gender-
related, or psychiatric/mental health;
5. 6. Be currently certified in an advanced practice specialty
certification consistent with educational preparation and by a
national certifying body recognized by the Board;
6. 7. Meet continued competency requirements as set forth in
Board rules; and
7. 8. Provide any and all other evidence as required by the
Board in its rules.
D. The Board may issue prescriptive authority recognition by
endorsement to an Advanced Practice Registered Nurse licensed as an
APRN-CNP, APRN-CNS, or APRN-CNM under the laws of another state if
the applicant meets the requirements set forth in this section. An
applicant for prescriptive authority recognition by endorsement
shall:
1. Submit a completed writt en application and appropriate fees
as established by the Board;
2. Hold current Registered Nurse and Advanced Practice
Registered Nurse licenses (APRN -CNP, APRN-CNS, or APRN-CNM) in the
state;
3. Hold current licensure or recognition as an Advanced
Practice Registered Nurse in the same role an d specialty with
prescribing privileges in another state or territory;
4. Submit documentation verifying successful completion of a
graduate level advanced practice registered nursing education
program that include d an academic course in pharmacotherapeut ic
management, and didactic and clinical pr eparation for prescribing
incorporated throughout the program;
5. Submit a written statement from an Oklahoma licensed
physician supervising prescriptive authority as requ ired by the
Board in its rules;
6. Meet continued competency requirements as set fo rth in Board
rules; and ENR. H. B. NO. 3328 Page 4
7. Provide any and all other evidence as required by the Board
in its rules.
E. An Advanced Practice Registered Nurse license issued under
this section shall be renewed concurrently with the registered nurse
license provided that qualifying criteria continue to be met.
F. The Board may reinstate a license as set forth in Board
rules.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 567.7, is
amended to read as follows :
Section 567.7 A. Upon expiration of an initia l license or
certificate issued pursuant to the Oklahoma Nursing Practice Act, a
license or certificate shall be renewed every two (2) years
according to a schedule pu blished by the Oklahoma Board of Nursin g,
provided that the application is complete and q ualifying criteria
continues to be met.
B. A licensee or certificate holder who applies for
reinstatement of a license or certificate shall submit a criminal
history records check that complies with Section 567.18 of this
title and meet any other such requirements as the Board may
prescribe in its rules.
C. Contingent upon available re sources by the Board, the Board
may require an applicant for renewal who has not pre viously
submitted a criminal history records check to the Board to submit a
criminal history records check that complies with Section 567.18 of
this title and meet any other requirements as the Board may
prescribe in its rules.
D. Any licensee or certi ficate holder who desires to retire
temporarily from the practice of nursing in this stat e shall submit
a written request to that effect to t he Board. It shall be the duty
of the Board to place the name of such licensee or certificate
holder upon the nonp racticing list in accordance with the r ules of
the Board. During the period of temporary retirement, the licensee
or certificate holder shal l not practice nursing, Advanced Practice
Registered Nursing or practice as an Advanced Unlicensed Assistant
nor be subject to the payment of any renewal fees. When the
licensee or certificate holder des ires to resume practice, such ENR. H. B. NO. 3328 Page 5
licensee or certificat e holder shall meet such requirements as the
Board may prescribe in its rules.
D. E. The Board is authorized to es tablish by rule fees to be
charged for the purpose of implementing and enforcing the prov isions
of the Oklahoma Nursing Practice Act; provided, however, no single
fee for an initial applicati on for licensure or certification, or
for renewal, reinstatement or return to active practice shall
exceed One Hundred Twenty-five Dollars ($125.00). Th e application
fee for a multistate license issued pursu ant to Section 5 of this
act shall be One Hundr ed Fifty Dollars ($150.00). The biennial
multistate license rene wal fee shall be One Hundred Twenty -five
Dollars ($125.00); provided, however, that conti ngent upon
implementation of the Nurse Licensure Compac t and the Board's
revolving fund balance being reconciled at less than the average of
three (3) months of expend itures, the biennial renewal fee set f orth
in Oklahoma Administrative Code 485:10 -1-3(a)(2) shall increase by
Ten Dollars ($10.00) by operation of law. The Board may reduce the
biennial renewal fees on a pro rata basis for the specific
Registered Nurse and Licensed Practical Nurse biennial re newal
period.
E. F. The Executive Director of the Board shall suspend the
license or certificate of a person who submits a check, money draft,
or similar instrument for payment of a fee which is not honored by
the financial institution named. The suspen sion becomes effective
ten (10) days following deliv ery by certified mail of written notice
of the dishonor and the impending suspension to the person 's address
on file. Upon notification of suspension, the person may reinstate
the authorization to practi ce upon payment of the fees and any and
all costs associated with notice and collection. The suspension
shall be exempt from the Administrative Procedures Act.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 567.18, is
amended to read as follows:
Section 567.18 A. The criminal background check shall include
Any applicant for a license or certificate described below shall be
required to undergo a national criminal history background check as
described in this section.
1. Registered Nurse (RN) license,
2. Advanced Practice Registered Nurse (APRN) license,
ENR. H. B. NO. 3328 Page 6
3. Practical Nurse License (LPN),
4. Advanced Unlicensed Assistant Certificate,
5. Multistate nursing license, when Oklahoma is the Primary
State of Residence.
B. Licensing and certification decisions shall be based on, in
addition to other licensure requirements, a criminal history records
search conducted by the Oklahoma State Bureau of Investigation that
is not more than ninety (90) days old .
B. C. Contingent upon available resources by the Board, all
criminal background checks effective January 1, 2013, are subject to
the following:
1. Submission of a full set of fingerprints to the Board for
the purpose of permitting a state and federal c riminal history
records search pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes and Public Law 92-544 that is not more than ninety (90)
days old. The Oklahoma State Bureau of Investigation may exchange
these fingerprints with the Federal Bur eau of Investigation;
2. The applicant shall furnish the Board fingerprints as
established by Board rules and a money order or cashier's check made
payable to the Oklahoma State Bureau of Investigation or the Board 's
designated vendor;
3. The Board shall forward the fingerprints along with the
applicable fee for a national fingerprint crimin al history records
search to the Bureau;
4. The Bureau shall retain one set of fingerprints in search
the Oklahoma Automated Fingerprint Identification System and submit
the other set forward fingerprints to the FBI for a national
criminal history records search;
5. Any and all state and federal criminal history record
information obtained by the Board from the Bureau or the FBI which
is not already a matter of public record shall be deemed nonpublic.
The confidential information shall be restricted to t he exclusive
use of the Board, its members, officers, investigators, agents, and
attorneys in evaluating the applicant 's eligibility or
disqualification for licensure; and
ENR. H. B. NO. 3328 Page 7
6. Fingerprint images may be rejected by the OSBI and the FBI
for a variety of reas ons, including, but not limited to, fingerprint
quality or an inability by the OSBI or FBI to classify the
fingerprints. These rejections require the applicant to be
fingerprinted again. A pplicants with fingerprints rejected for
improper registration wil l be required to re-register, re-pay and be
re-fingerprinted. Applicant is responsible for insuring and
verifying that all data is correct in the fingerprinting proce ss.
C. D. The necessary steps to initiate the criminal background
checks may be performe d by the Board or its designated vendor.
D. E. An individual applying for any type of multistate
license, when Oklahoma is the primary state of residence , shall
submit to a criminal backg round check that complies with this
section; provided, however, that if the individual has been
continuously enrolled in the Federal Bureau of Investigation 's Rap
Back Service since issuance of the initial multistate license, the
individual shall not be re quired to undergo another criminal history
record search. No criminal history record information will be
disseminated outside the Board, as described in paragr aph 5 of this
subsection.
SECTION 4. This act shall become effective November 1, 2024.
ENR. H. B. NO. 3328 Page 8
Passed the House of Representatives the 5th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 17th day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20 _______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at ____ ___ o'clock _______ M.
By: _________________________________