Req. No. 10442 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3351 By: McEntire COMMITTEE SUBSTITUTE An Act relating to medical preceptorship training; defining terms; providin g income tax credit for certain individuals who c onduct a preceptorship rotation; providing amount of and basis for credit; providing limitations on credits allowed; prohibiting refundability of credit; auth orizing the carry forward of credit; directing t he State Board of Medical Licensure and Supervision State Board of Osteopathic Examiners and Oklahoma Board of Nursing to award credit; limiting the amount of credit awarded to balance of certain revolving funds; authorizing allocation of parti al credit; authorizing credits not allowed to be claimed in subsequent year; specifying eligibility for credit; directing the State Board of Medical Licensure and Supervision State Board of Osteopathic Examiners and Oklahoma Board of Nursing to deposit certain fees in revolving fund for certain purpose; requiring submission of information; authorizing promulgation of rules; creating the Physician Preceptor Tax Credit Revolving Fund, the Physician Assistant Preceptor Tax Credit Revolving Fund, the Osteopathic Physician P receptor Tax Credit Revolving Fund and the Advanced Practice Registered Nurses Preceptor Revolving Fund ; specifying sources of funds; providing for transfer of monies to Oklahoma Tax Commission; requiring apportionment of monies; authorizing administrative expenditures; stating purpose; providing for codification; providing an effective date ; and declaring an emergency . Req. No. 10442 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: SECTION 1. NEW LAW A new section of law to be codif ied in the Oklahoma Statutes as Section 2357.409 of Title 68, unless there is created a duplication in numbering, reads as follows: A. As used in this section: 1. "Faculty preceptor" means an allopathic physician, osteopathic physicia n, physician assistant or advanced practice registered nurse licensed in this state and who is either a p rimary care physician or with respect to a physician assistant or advanced practice registered nurse is performing most of his or her professional services for a primary c are physician; 2. "Medical school" means a legally chartered medical school recognized by the Oklahoma State Regents for Higher Education ; 3. "Medical student" means a student currently enrolled in a medical school in this state or a school or college of osteopathic medicine in this state; 4. "Physician assistant student" means an individual participating in a state-supported training program in t his state that is approved by the State Board of Medical Licensure and Supervision for the training of individuals to become physician assistants as defined in Section 519.2 of Title 59 of the Oklahoma Statutes; 5. "Preceptorship rotation" means a period of preceptorship training of one or more me dical students, residents, physician Req. No. 10442 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 assistant students or advanced practice registered nurses that in aggregate totals one hundred sixty (160) hours; 6. "Preceptorship training" means uncompensated training of a medical student, resident, physician assistant student or advanced practice registered nurse enrolled in a training program in this state; 7. "Primary care physicians " shall mean physicians practicing in family medicine, geriatrics, ge neral internal medicine, or general pediatrics; 8. "Resident" means an allopathic physician or osteopathic physician pursuing postgraduate medical education at a program supported by a medical school or a school or college of osteopathic medicine in this state; and 9. "School or college of osteopathic me dicine" shall have the same meaning as provided by Section 631 of Title 59 o f the Oklahoma Statutes. B. 1. For tax years beginning January 1, 2025, and ending not later than December 31, 2034, there shall be allowed a cre dit against the tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma Statutes for a faculty preceptor who conducts a preceptorship rotation. 2. Except as provided for by subsection F of this section, credit shall be allowed for no greater than ten preceptorship Req. No. 10442 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 rotations completed in a calendar year, and shall be equal to the following amounts: a. for a medical student or resident, Five Hundred Dollars ($500.00) each for the first, second, or third preceptorship rotatio ns and One Thousand Dollars ($1,000.00) each for up to seven subsequent rotations, and b. for a physician assistant student or advanced practice registered nurse, Three Hundred Seventy-five Dollars ($375.00) each for the first, second, or third preceptorship rotations and Seven Hundred Fifty Dollars ($750.00) each for up to seven subsequent rotations. C. The credit authorized by this section shall not be used to reduce the tax liability of the taxpayer to less than zero (0). D. To the extent not used, the credits authorized by this section may be carried over, in order, to each of the five (5) subsequent tax years. E. 1. The State Board of Medical Licensure and Supervision shall award the credit authorized by subsection B of this section to faculty preceptors for preceptorship rotati ons of: a. medical students enrolled in a m edical school in this state, Req. No. 10442 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. residents who are allopathic physicians pursuing postgraduate medical educatio n at a program supported by a medical school in this state, and c. physician assistant students. 2. The State Board of Osteopathic Examiners shal l award the credit authorized by subsection B of this sectio n to faculty preceptors for preceptorship rotations of: a. medical students enrolled in a school or colle ge of osteopathic medicine in this state, and b. residents who are osteopathic physicians p ursuing postgraduate medical education at a program supporte d by a school or college of osteopathic medicine i n this state. 3. The Oklahoma Board of Nursing shall award the credit authorized by subsection B of this section to faculty precept ors for preceptor rotations with respect to advanced practice registered nurses. F. 1. The credits awarded by the State Board of Medical Licensure and Supervision under subparagraphs a and b of paragraph 1 of subsection E of this section for the tax year shall not exceed the amount deposited to the Physician Preceptor T ax Credit Revolving Fund created in Section 2 of this act during the fiscal year ending on the June 30 date immediately pre ceding the January 1 date upon which the applicable income tax year begins . Req. No. 10442 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The credits awarded by the State Board of Medical Lic ensure and Supervision under subparagraph c of paragraph 1 of subsectio n E of this section for the tax year shall not exceed the amount deposited to the Physician Assistant Preceptor Tax Credit Revolving Fund created in Section 3 of this act during the fiscal year ending on the June 30 date immediately preceding the January 1 date upon which the applicable income tax year begins . 3. The credits awarded by the State Board of Osteopathic Examiners under paragraph 2 of subse ction E of this section for the tax year shall not exceed the amount deposited to the Osteopathic Physician Preceptor Tax Credit Revolving Fund created in Section 4 of this act during the preceding fiscal year ending on the June 30 date immediately pre ceding the January 1 date upon which the applicable income tax year begins. 4. The credits awarded by the Oklahoma Board of Nursing under paragraph 3 of subsection E of this section for the tax year shall not exceed the amount deposited to the Advanced Practice Registered Nurses Preceptor Tax Credit Revolving Fund created in Section 5 of this act during the preceding fiscal year ending on the June 30 date immediately preceding the January 1 date upon w hich the applicable income tax year begins. G. Partial claims for credit may be awarded. Credits earned but not allowed due to the application of the limitation provided in this section shall be considered suspended and authorized to be used Req. No. 10442 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in the subsequent tax year and applied to the next tax year 's limitation. H. In order to receive the credit pr ovided pursuant to this section, a faculty preceptor shall: 1. Claim the credit for the tax year in which the preceptorship rotation was completed; 2. Certify that he or she did not receive payment during the tax year from any source for providing the tr aining; and 3. Supply supporting documentation a s may be required by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examine rs. I. 1. The State Board of Medical Li censure and Supervision shall reserve Five Dollars ($5.00) of every annual licensure fee received from allopathic physicians and shall deposit the sum to the Physician Preceptor Tax Credit Revolving Fund created in Section 2 of this act for the purpose of providing f unding for the credit authorized by this section. 2. The State Board of Medical Licensur e and Supervision shall reserve Two Dollars ($2.00) of every annual licensure fee received from physician assistant s and shall deposit the sum to the Physician Assistant Preceptor Tax Credit Revolving Fund c reated in Section 3 of this act for the purpose of providing funding for the credit authorized by this section. Req. No. 10442 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. The State Board of Osteopathic Examiners shall r eserve Five Dollars ($5.00) of every annual licensur e fee received from osteopathic physicia ns and shall deposit the sum to the Osteopathic Physician Preceptor Tax Credit Re volving Fund created in Section 4 of this act for the purpose of providing funding for the credit authorized by this section. 4. The Oklahoma Board of Nursing shall reserve Two Dollars ($2.00) of every annual licensure fee received from advanced practice registered nurses and shall deposit the sum to the Advanced Practice Registered Nurses Preceptor Tax Credit Revolving Fun d created in Section 5 of this act for the purpose o f providing funding for the credit authorized by this section. J. With respect to each tax year for which any tax credit authorized by this section is awarded , the State Board of Medical Licensure and Supervision , the State Board of Osteopathic Examiners and the Oklahoma Board of Nursing shall electronically submit information to the Oklahoma Tax Commission , which shall include: 1. The number and amount of t ax credits awarded; 2. The name of the taxpayers that were awarded credits; and 3. The amount deposited in the Physician Preceptor Tax Credit Revolving Fund, created in Section 2 of this act , the Physician Assistant Preceptor Tax Credit Revolving Fund , created in Section 3 of this act, the Osteopathic Physician Pr eceptor Tax Credit Revolving Fund, created in Section 4 of this act and the Advanced Req. No. 10442 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Practice Registered Nurses Preceptor Tax Credit Revolving Fund created in Section 5 of this act . K. The Oklahoma Tax Commission, the State Board of Medical Licensure and Supervision, the State Board of Osteo pathic Examiners and the Oklahoma Board of Nursing may promulgate rules to e ffectuate the provisions of this act. SECTION 2. NEW LAW A new section of law to be codifie d in the Oklahoma Statutes a s Section 495i of Title 59, unless there is created a duplication in numbering, reads as follows: There is hereby created in the State Treasury a revolving fund for the State Board of Medical Licensure and Supervision to be designated the "Physician Preceptor Tax Credit Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of the monies received by the Board from a portion of licensure f ees received from allopathic physicians under subsection I of Section 1 of this act. All monies accruing to the credit of the fund are hereby appropriated and the fund shall be used to make a transfer payment to the Oklahoma Tax Commission in an amount equal to the amount of tax credits aw arded pursuant to this act. The Oklahoma Tax Commission shall ap portion monies transferred from the fund in the same manner as provided by Section 2352 of Title 68 of the Oklahoma Statutes. Monies in the fund which are not required for payment of adminis trative expenses, which shall not exceed five percent (5%) of mon ies apportioned to the fund, or which Req. No. 10442 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 are not required to be transferred to the Ok lahoma Tax Commission as otherwise required b y this act to offset the revenue impacted by the use of the income tax credits awarded pursuant to Section 1 of this act may be used to implement programs required or authorized by law. SECTION 3. NEW LAW A new section o f law to be codified in the Oklahoma Statutes as Section 519.8a of Title 59, unless there is created a duplication in numbering, reads as fol lows: There is hereby created in the State Treasury a revolving fund for the State Board of Medical Licensure and Supervision to be designated the "Physician Assistant Preceptor Tax Credit Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of the monies received by the Board from a portion of licensure fees received from physician assistants under subsection I of Section 1 of this act. All monies accruing to the credit of the fund are hereby app ropriated and the fund shall be used to make a transfer payment to the Oklahoma Tax Commission in an amount equal to the amount of tax credits awarded pursuant to this act. The Oklahoma Tax Commission shall apportion monies transferred from the fund in th e same manner as provided by Section 2352 of Title 68 of the Oklahoma Statutes. Monies in the fund which are not required for payment of administrative expenses , which shall not exceed five percent (5%) of monies appo rtioned to the fund, or which are not required to be transferred to the Oklahoma Tax Commission as otherwise required b y this act to offset Req. No. 10442 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the revenue impacted by the use of the inc ome tax credits awar ded pursuant to Section 1 of this act may be used to implement programs required or authorized by law. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sec tion 645.1 of Title 59, unless there is created a duplication in numbe ring, reads as follows: There is hereby created in the State Treasury a revolving fund for the State Board of Osteopathic Examiners to be designated the "Osteopathic Physician Preceptor Tax Credit Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of the monies received by the Board from a portion of licensure fees received from osteopathic physicians under subsection I of Section 1 of this act. All monies accruing to the credit of the fund are hereby appropriated and the fund shall be used to make a transfer payment to the Oklahoma Tax Commission in an amount equal to the amount of tax credits awarded pursuant to this act. The Oklahoma Tax Commission shall apportion monies transferred from the fund in the same manner as p rovided by Section 2352 of Title 68 o f the Oklahoma Statutes. Monies in the fund which are not required for payment of administrative expenses , which shall not exceed five percent (5%) of monies appo rtioned to the fund, or which are not required to be transferred to the Oklahoma Tax Commission as otherwise required by this act to offset the revenue impacted by the use of the inc ome tax credits awar ded Req. No. 10442 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pursuant to Section 1 of this act may be used to implement programs required or authorized by law. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 567.31 of Title 59, unless there is created a duplication in numbering, reads as follows: There is hereby created in the State Treasury a revolving fund for the Oklahoma Board of Nursing to be designated the "Advanced Practice Registered Nurses Preceptor Tax Credit Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shal l consist of the monies received by the Board from a portion of licensu re fees received from advanced practice registered nurses under subsection I of Section 1 of this act. All monies accruing to the credit of the fund are hereby appropriated and the fund shall be used to make a transfer payment to the Oklahoma Tax Commission in an amount equal to the amount of tax credits awarded pursuant to t his act. The Oklahoma Tax Commission shall apportion monies t ransferred from the fund in the same manner as provided by Section 2352 of Title 68 of the Oklahoma Statutes. Monies in the fund which are not required for payment of administrative expenses , which shall not exceed five percent (5%) of monies apportioned to the fund, or which are not required to be transferred to the Ok lahoma Tax Commissio n as otherwise required b y this act to offset the revenue impacted by the use of the income tax Req. No. 10442 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 credits awarded pursuant to Section 1 of this act may be used to implement programs required or authorized by law . SECTION 6. This act shall be come effective July 1, 2024. SECTION 7. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage an d approval. 59-2-10442 JM 02/22/24