43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | |
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46 | 39 | | |
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47 | 40 | | COMMITTEE SUBSTITUTE |
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48 | 41 | | |
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49 | 42 | | An Act relating to physician assistants ; amending 59 |
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50 | 43 | | O.S. 2021, Section 353.1a, which relates to the |
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51 | 44 | | Oklahoma Pharmacy Act; clarifying which prescriptions |
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52 | 45 | | for controlled dangerous substances pharmacists may |
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53 | 46 | | dispense; amending 59 O.S. 2021, Sections 519.2, |
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54 | 47 | | 519.3, 519.6, 519.11, as amended by Section 1, |
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55 | 48 | | Chapter 164, O.S.L. 2022 , and 521.2 (59 O.S. Supp. |
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56 | 49 | | 2023, Section 519.11) , which relate to the Physician |
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57 | 50 | | Assistant Act; modifying definitions; increasing the |
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58 | 51 | | number of Physician Assistant Committee members; |
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59 | 52 | | clarifying certain requirements for the chair; |
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60 | 53 | | increasing member requirements for a quorum; adding |
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61 | 54 | | provisions regarding postgraduate clinical practice ; |
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62 | 55 | | clarifying filing requirements for practice |
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63 | 56 | | agreements; clarifying language regarding practicing |
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64 | 57 | | medicine, prescribing drugs, and using medical |
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65 | 58 | | supplies under a practice agreement ; modifying |
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66 | 59 | | billing and payment authority; amending 63 O.S. 2021, |
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67 | 60 | | Section 1-317, as amended by Section 1, Chapter 184, |
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68 | 61 | | O.S.L. 2022 (63 O.S. Supp. 2023, Section 1 -317), |
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69 | 62 | | which relates to the Oklahoma Public Health Code ; |
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70 | 63 | | clarifying the authority of physician assistant s to |
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71 | 64 | | carry out certain functions; amending 63 O.S. 2021, |
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72 | 65 | | Sections 2-101, as last amended by Section 1, Chapter |
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73 | 66 | | 375, O.S.L. 2023, and 2-312, as amended by S ection 2, |
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74 | 67 | | Chapter 184, O.S.L. 2 022 (63 O.S. Supp. 2023, |
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75 | 68 | | Sections 2-101 and 2-312), which relate to the |
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111 | 102 | | |
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112 | 103 | | |
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113 | 104 | | |
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114 | 105 | | |
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115 | 106 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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116 | 107 | | SECTION 1. AMENDATORY 59 O.S. 2021, Section 353.1a, is |
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117 | 108 | | amended to read as follows: |
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118 | 109 | | Section 353.1a A. Prescribing authority shall be allowed, |
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119 | 110 | | under the medical direction of a supervising physician, for an |
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120 | 111 | | advanced practice nurse recognized by t he Oklahoma Board of Nursing |
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121 | 112 | | in one of the following categories: advanced registered nurse |
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122 | 113 | | practitioners, clinical nurse specialists, or certified nurse - |
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123 | 114 | | midwives. The advanced practice nurse may write or sign, or |
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124 | 115 | | transmit by word of mouth, telephone or o ther means of communication |
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125 | 116 | | an order for drugs or medical supplies that is intended to be |
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126 | 117 | | filled, compounded, or dispensed by a pharmacist. The supervising |
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127 | 118 | | physician and the advanced practice nurse shall be identified at the |
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128 | 119 | | time of origination of the pre scription and the name of the advanced |
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129 | 120 | | practice nurse shall be printed on the prescription label. |
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130 | 121 | | B. Pharmacists may dispense prescriptions for non -controlled |
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131 | 122 | | prescription drugs authorized by an advanced practice nurse or |
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163 | 153 | | 1. An advanced practice nurse or physician assistant licensed |
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164 | 154 | | in the State of Oklahoma and supervi sed by an Oklahoma-licensed |
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165 | 155 | | practitioner; or |
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166 | 156 | | 2. Physician assistant licensed in the State of Oklahoma and |
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167 | 157 | | supervised by an Oklahoma-licensed practitioner . |
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168 | 158 | | SECTION 2. AMENDATORY 59 O.S. 2 021, Section 519.2, is |
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169 | 159 | | amended to read as follows: |
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170 | 160 | | Section 519.2 As used in the Physicia n Assistant Act: |
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171 | 161 | | 1. "Board" means the State Board of Medical Li censure and |
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172 | 162 | | Supervision; |
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173 | 163 | | 2. "Committee" means the Physician Assistant Committee; |
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174 | 164 | | 3. "Practice of medicine" means services which require train ing |
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175 | 165 | | in the diagnosis, treatment and prevention of disease, including the |
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176 | 166 | | use and administration of drugs, and whi ch are performed by |
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177 | 167 | | physician assistants so long as such services are within the |
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178 | 168 | | physician assistants ' skill,. For a physician assistant required to |
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179 | 169 | | practice under supervision of a delegating physician, services form |
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180 | 170 | | a component of the physician's scope of practice, and are provided |
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181 | 171 | | with physician supervision, including authenticating by signature |
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209 | 172 | | any form that may be authenticated by the delegating physician 's |
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210 | 173 | | signature with prior delegation by the physic ian; |
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211 | 174 | | 4. "Patient care setting" means and includes, but is not |
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212 | 175 | | limited to, a physic ian's office, clinic, hospital, nursing home, |
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213 | 176 | | extended care facility, p atient's home, ambulatory surgical center, |
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214 | 203 | | hospice facility or any other setting authorized by the del egating |
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215 | 204 | | physician; |
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216 | 205 | | 5. "Physician assistant" means a health care professional, |
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217 | 206 | | qualified by academic and clinical education and licensed by the |
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218 | 207 | | State Board of Medical Licensure and Supervision, to practice |
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219 | 208 | | medicine with physician supervision as a physician assistant; |
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220 | 209 | | 6. 5. "Delegating physician" means an individual holding a |
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221 | 210 | | license in good standing as a physician from the State Board of |
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222 | 211 | | Medical Licensure and Supervision or the State Board of Osteopathic |
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223 | 212 | | Examiners, who supervises one or more physician assistants and |
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224 | 213 | | delegates decision making pursuant to the practice agreement; |
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225 | 214 | | 7. 6. "Supervision" means overseeing or delegating the |
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226 | 215 | | activities of the medical services rendered by a physician assistant |
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227 | 216 | | through a practice agreement between a medical doctor or osteopathic |
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228 | 217 | | delegating physician performing procedures or directly or indirectly |
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229 | 218 | | involved with the treatment of a patient , and the physician |
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230 | 219 | | assistant working jointly toward a common goal of providing |
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231 | 220 | | services. Delegation shall be defined by the pra ctice agreement. |
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232 | 221 | | The physical presence of the delegating physician is not required as |
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264 | 252 | | 8. 7. "Telecommunication" means the use of electroni c |
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265 | 253 | | technologies to transmit words, sounds or images for interpersonal |
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266 | 254 | | communication, clinical care (telemedicine) and review of electronic |
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267 | 255 | | health records; and |
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268 | 256 | | 9. 8. "Practice agreement" means a written agreement between a |
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269 | 257 | | physician assistant and the a delegating physician concerning the |
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270 | 258 | | scope of practice of the physician assistant to only be determined |
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271 | 259 | | by the delegating physician and the physician assistant based on the |
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272 | 260 | | education, training, skills and experience of the physician |
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273 | 261 | | assistant. The agreement shall i nvolve the joint formulation, |
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274 | 262 | | discussion and agreement on the methods of supervision and |
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275 | 263 | | collaboration for diagnosis, consultation and treatment of medical |
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276 | 264 | | conditions and shall include the scope of and any limitations on |
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277 | 265 | | prescribing. A practice agreement is require d for a physician |
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278 | 266 | | assistant described in subsection C of Section 4 of this act. |
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279 | 267 | | SECTION 3. AMENDATORY 59 O.S. 2021, Section 519.3, is |
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280 | 268 | | amended to read as follows: |
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281 | 269 | | Section 519.3 A. There is hereby created the Physician |
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282 | 270 | | Assistant Committee, which shall be composed of seven (7) nine (9) |
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283 | 271 | | members. Three Five members of the Commi ttee shall be physician |
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315 | 302 | | shall be a physician appointed by the Board from a list of qualified |
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316 | 303 | | individuals submitted by the Oklahoma State Medical Associatio n and |
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317 | 304 | | who is not a member of the Board. One member shall be a physician |
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318 | 305 | | appointed by the State Board of Osteopathic Examiners from its |
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319 | 306 | | membership. One member shall be a physician appointed by the State |
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320 | 307 | | Board of Osteopathic Examiners from a list of qualif ied individuals |
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321 | 308 | | submitted by the Oklahoma Osteopathic Association and who is not a |
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322 | 309 | | member of said board. |
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323 | 310 | | B. The term of office for each member of the Committee shall be |
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324 | 311 | | five (5) years. |
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325 | 312 | | C. The Committee shall meet at least quarterly. At the initial |
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326 | 313 | | meeting of each calendar year, the Committee members shall elect a |
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327 | 314 | | chair from the physician assist ant members. The chair or his or her |
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328 | 315 | | designee shall represent the Committee at all meeting s of the Board. |
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329 | 316 | | Four Five members shall constitute a quorum for the pur pose of |
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330 | 317 | | conducting official b usiness of the Committee. |
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331 | 318 | | D. The State Board of Medical Licensu re and Supervision is |
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332 | 319 | | hereby granted the power and authority to promulgate rules, which |
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333 | 320 | | are in accordance with the provisions of Section 519.1 et seq. of |
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334 | 321 | | this title, governing the requirements for licensure as a physician |
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366 | 352 | | E. The State Board of Medical Licensure and Supervision is |
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367 | 353 | | hereby granted the power and authority to investigate all |
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368 | 354 | | complaints, hold hearings, subpoena witnesses and initiate |
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369 | 355 | | prosecution concerning violations of Section 519.1 et seq. of this |
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370 | 356 | | title. When such complaints involve physicians licensed by the |
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371 | 357 | | State Board of Osteopathic Examiners, the State Board of Osteopathic |
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372 | 358 | | Examiners shall be officially notified of such complaints. |
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373 | 359 | | F. 1. The Committee shall advise the Board on al l matters |
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374 | 360 | | pertaining to the practice of physician assistants. |
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375 | 361 | | 2. The Committee shall review and make recommendations to the |
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376 | 362 | | Board on all applications for licensure as a physician assistant and |
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377 | 363 | | all applications to practice which shall be approved by the Bo ard. |
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378 | 364 | | When considering applic ants for licensure, to establish standards of |
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379 | 365 | | training or approve institutions for training, the Committee shall |
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380 | 366 | | include the Director, or designee, of all Physi cian Assistant |
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381 | 367 | | educational programs conducted by institutions of hi gher education |
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382 | 368 | | in the state as members. |
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383 | 369 | | 3. The Committee shall assist and advise the Board i n all |
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384 | 370 | | hearings involving physician assistants who are deemed to be in |
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416 | 401 | | Section 519.6 A. No health care services may be performed by a |
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417 | 402 | | physician assistant unless a current license is on file with and |
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418 | 403 | | approved by the State Board of Medical Licensure and Supervision. |
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419 | 404 | | B. A physician assistant with six thousand two hundred forty |
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420 | 405 | | (6,240) or more hours of postgraduate clinical practice experience |
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421 | 406 | | who has reported those hours to the Board shall not be requi red to |
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422 | 407 | | practice under the supervision of a delegating physician. |
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423 | 408 | | 1. A physician assistant may report the completion of |
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424 | 409 | | postgraduate clinical practice experience to the Board at any time |
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425 | 410 | | after completion of at least six thousand two hundred forty (6,240) |
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426 | 411 | | such hours. |
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427 | 412 | | 2. Hours earned prior to the enactment of this subsection shall |
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428 | 413 | | be counted towards the six thousand two hundred forty (6,240) hours. |
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429 | 414 | | 3. The Board shall maintain, make available, and keep updated, |
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430 | 415 | | on the Internet website of the Board , a list of physician assistants |
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431 | 416 | | who have reported completion of six thousand two hundre d forty |
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432 | 417 | | (6,240) or more postgraduate clinical pract ice experience hours. |
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433 | 418 | | 4. The Board shall, within ninety (90) days of enactment, |
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434 | 419 | | prescribe a form for reporting post graduate clinical practice |
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435 | 420 | | experience by a physician assistant. The Board shall make available |
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467 | 451 | | 5. Nothing in this subsection shall prohibit a physician |
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468 | 452 | | assistant from maintaining a practice agreement; however, such an |
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469 | 453 | | agreement is not required for a physician assistant w ith the |
---|
470 | 454 | | reported six thousand two hundred forty (6,240) hours of |
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471 | 455 | | postgraduate clinical practice experience. Provided any practice |
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472 | 456 | | agreements are subject to the req uirements of paragraphs 1, 2, 3, |
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473 | 457 | | and 4 of subsection C of this section. |
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474 | 458 | | 6. Nothing in this subsection shall restrict the ability of the |
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475 | 459 | | Board to require supervision as a part of disciplinary action |
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476 | 460 | | against the license of a physician assistant . |
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477 | 461 | | C. A physician assistant with less than six thousand two |
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478 | 462 | | hundred forty (6,240) hours of postgraduate clinical practice |
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479 | 463 | | experience or who has completed six thousand two hundred forty |
---|
480 | 464 | | (6,240) hours but has not reported those hours t o the Board shall |
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481 | 465 | | practice under the supervision of a delegating physician with the |
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482 | 466 | | following requirements: |
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483 | 467 | | 1. All practice agreements and any amendments shall be filed |
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484 | 468 | | with the State Board of Medical Licensure and Supervision within ten |
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485 | 469 | | (10) business days of being executed. Practice agre ements may be |
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486 | 470 | | filed electronically. The State Board of Medical Licensure and |
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518 | 501 | | be in good standing with the State Board of Medical Licensure and |
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519 | 502 | | Supervision or the State Boar d of Osteopathic Examiners.; |
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520 | 503 | | C. 3. The delegating physician need not be physically present |
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521 | 504 | | nor be specifically consulted before each delegated patient care |
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522 | 505 | | service is performed by a physician assistant, so long as the |
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523 | 506 | | delegating physician and physician assi stant are or can be easily in |
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524 | 507 | | contact with one another by means of t elecommunication. In all |
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525 | 508 | | patient care settings, the The delegating physician shall provide |
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526 | 509 | | appropriate methods of participating in health care services |
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527 | 510 | | provided by the physician assistant including: |
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528 | 511 | | a. being responsible for the formulation or approval of |
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529 | 512 | | all orders and protocols, whethe r standing orders, |
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530 | 513 | | direct orders or any other orders or protocols, which |
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531 | 514 | | direct the delivery of health care services provided |
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532 | 515 | | by a physician assistant, and periodically reviewing |
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533 | 516 | | such orders and protocols, |
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534 | 517 | | b. regularly reviewing the health care services pr ovided |
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535 | 518 | | by the physician assistant and any problems or |
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536 | 519 | | complications encountered, |
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569 | 551 | | between the delegating physician and physician |
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570 | 552 | | assistant in the pra ctice agreement which may also |
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571 | 553 | | occur using electronic or virtual con ferencing, and |
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572 | 554 | | e. that it remains clear that the physician assistant is |
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573 | 555 | | an agent of the delegating physician; but, in no event |
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574 | 556 | | shall the delegating physician be an employee of the |
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575 | 557 | | physician assistant.; |
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576 | 558 | | D. 4. In patients with newly diagnosed complex illnesses , the |
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577 | 559 | | physician assistant shal l contact the delegating physician within |
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578 | 560 | | forty-eight (48) hours of the physician assistant's initial |
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579 | 561 | | examination or treatment and schedule the patient for ap propriate |
---|
580 | 562 | | evaluation by the delegating physician as directed by the physician. |
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581 | 563 | | The delegating physician shall determine which conditions qualify as |
---|
582 | 564 | | complex illnesses based on the clinical setting and the skill and |
---|
583 | 565 | | experience of the physician assistant . |
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584 | 566 | | E. 1. D. A physician assistant under the direction of a |
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585 | 567 | | delegating physician not practicing under a practice agreement may |
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586 | 568 | | prescribe written and oral prescriptions and orders. The p hysician |
---|
587 | 569 | | assistant not practicing under a practice agreement may prescribe |
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620 | 601 | | consultation with the Sta te Board of Pharmacy on the Physician |
---|
621 | 602 | | Assistant Drug Formulary . Physician assistants not practicing under |
---|
622 | 603 | | a practice agreement may not dispense drugs, but may request, |
---|
623 | 604 | | receive, and sign for professional samples and may distribute |
---|
624 | 605 | | professional samples to patients . |
---|
625 | 606 | | 2. A physician assistant may write an order for a Schedule II |
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626 | 607 | | drug for immediate or ongo ing administration on site. Prescriptions |
---|
627 | 608 | | and orders for Schedule II drugs written by a physician assistant |
---|
628 | 609 | | must be included on a written protocol determined by the delegating |
---|
629 | 610 | | physician and approved by the medical staff committee of the |
---|
630 | 611 | | facility or by direct verbal order of the delegating physician . |
---|
631 | 612 | | Physician assistants may not dispense drugs, but may request, |
---|
632 | 613 | | receive, and sign for professi onal samples and may distribute |
---|
633 | 614 | | professional samples to patients. |
---|
634 | 615 | | F. E. A physician assistant may perform health care s ervices in |
---|
635 | 616 | | patient care settings as authorized by the delega ting physician |
---|
636 | 617 | | practicing under a practice agreement m ay prescribe written and oral |
---|
637 | 618 | | prescriptions and orders. The physician assistant practicing under |
---|
638 | 619 | | a practice agreement may prescribe medical supplies, services, and |
---|
671 | 651 | | written protocol det ermined by the delegating physician. Physician |
---|
672 | 652 | | assistants practicing under a practice agreement may not dispense |
---|
673 | 653 | | drugs, but may request, receive, and sign for professional samples |
---|
674 | 654 | | and may distribute professional sa mples to patients. Provided that |
---|
675 | 655 | | a physician assistant practicing under a practice agree ment may not |
---|
676 | 656 | | prescribe any controlled medications in a Schedule that the |
---|
677 | 657 | | delegating physician is not registered to prescribe . |
---|
678 | 658 | | G. F. Each physician assistant licensed under the Physician |
---|
679 | 659 | | Assistant Act shall keep his or her lice nse available for inspection |
---|
680 | 660 | | at the primary place of business and shall, when enga ged in |
---|
681 | 661 | | professional activitie s, identify himself or herself as a physician |
---|
682 | 662 | | assistant. |
---|
683 | 663 | | H. G. A physician assistant shall be bound by the provisions |
---|
684 | 664 | | contained in Sections 725.1 through 725.5 of Title 59 of the |
---|
685 | 665 | | Oklahoma Statutes this title. |
---|
686 | 666 | | SECTION 5. AMENDATORY 59 O.S. 2 021, Section 519.11, as |
---|
687 | 667 | | amended by Section 1, Chapter 164, O.S.L. 2022 (59 O.S. Supp. 2023, |
---|
688 | 668 | | Section 519.11), is amended to read as follows: |
---|
721 | 700 | | if that person does not represent himself or herself as a physician |
---|
722 | 701 | | assistant. |
---|
723 | 702 | | B. Nothing stated in the Physician Assistant Act shall prevent |
---|
724 | 703 | | any hospital from requiring the physician assistant o r the |
---|
725 | 704 | | delegating physician to meet and maintain certain staff appointment |
---|
726 | 705 | | and credentialing qualificatio ns for the privilege of practicing as, |
---|
727 | 706 | | or utilizing, a physician assistant in the hospital. |
---|
728 | 707 | | C. Nothing in the Physician Assistant Act shall be construe d to |
---|
729 | 708 | | permit a physician assistant to practice medicine or prescribe drugs |
---|
730 | 709 | | and medical supplies in this s tate except when suc h actions are |
---|
731 | 710 | | performed under the supervision and at the direction of a physician |
---|
732 | 711 | | or physicians approved by the State Board of Medic al Licensure and |
---|
733 | 712 | | Supervision. |
---|
734 | 713 | | D. Nothing herein shall be construed to require licensure under |
---|
735 | 714 | | the Physician Assistant Act o f a physician assistant student |
---|
736 | 715 | | enrolled in a physician assistant educational program accredited by |
---|
737 | 716 | | the Accreditation Review Commiss ion on Education for t he Physician |
---|
738 | 717 | | Assistant. |
---|
771 | 749 | | F. E. Nothing in the Physic ian Assistant Act sh all limit the |
---|
772 | 750 | | activities of a physician assistant in the performance of their |
---|
773 | 751 | | duties if the physician assistant is employed by or under contract |
---|
774 | 752 | | with the United States Department of Veterans Affairs or if the |
---|
775 | 753 | | physician assistant is employed by, under contract with, or |
---|
776 | 754 | | commissioned by one of the uniformed services; provided, the |
---|
777 | 755 | | physician assistant must be currently licensed in this state or any |
---|
778 | 756 | | other state or currently credentialed as a physician assistant by |
---|
779 | 757 | | the United States Department of Veterans Affairs or the applicable |
---|
780 | 758 | | uniformed service. Any physician assistant who is employed by or |
---|
781 | 759 | | under contract with the United States Department of Veterans Affairs |
---|
782 | 760 | | or is employed by, under contract with, or commissioned by one of |
---|
783 | 761 | | the uniformed services and practices outside of such employment, |
---|
784 | 762 | | contract, or commission shall be subject to the Physician Assistant |
---|
785 | 763 | | Act while practicing outside of such employment, contract, or |
---|
786 | 764 | | commission. As used in this subsection, "uniformed services" shall |
---|
787 | 765 | | have the same meaning as prov ided by Title 10 of the U.S . Code. |
---|
788 | 766 | | SECTION 6. AMENDATORY 59 O.S. 2021, Section 521.2, is |
---|
789 | 767 | | amended to read as follows: |
---|
822 | 799 | | to bill for and receive direct payment for the medically necessary |
---|
823 | 800 | | services the physician assist ant delivers. |
---|
824 | 801 | | B. To ensure accountability and transparency for patients , |
---|
825 | 802 | | payers and the health care system, an in-network a physician |
---|
826 | 803 | | assistant shall be identified a s the rendering professional in the |
---|
827 | 804 | | billing and claims process when the physician assistan t delivers |
---|
828 | 805 | | medical or surgical services to patients. |
---|
829 | 806 | | C. No insurance comp any or third-party payer shall impose a |
---|
830 | 807 | | practice, education, or collaboration requirement th at is |
---|
831 | 808 | | inconsistent with or more rest rictive than existing phys ician |
---|
832 | 809 | | assistant state laws o r regulations. |
---|
833 | 810 | | SECTION 7. AMENDATORY 63 O.S. 2021, Section 1 -317, as |
---|
834 | 811 | | amended by Section 1, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2023, |
---|
835 | 812 | | Section 1-317), is amended to read as follows: |
---|
836 | 813 | | Section 1-317. A. A death certificate for each death which |
---|
837 | 814 | | occurs in this state sha ll be filed with the State Department of |
---|
838 | 815 | | Health, within three (3) days after such death. |
---|
839 | 816 | | B. The funeral director shall personally si gn the death |
---|
840 | 817 | | certificate and shall be responsible for filing the death |
---|
873 | 849 | | person or source available. The certificat e shall be completed as |
---|
874 | 850 | | to personal data and delivered to the attending physician or the |
---|
875 | 851 | | medical examiner responsible for completing the medical |
---|
876 | 852 | | certification portion of the certificate of death within twenty-four |
---|
877 | 853 | | (24) hours after the death. No later than July 1, 2012, the |
---|
878 | 854 | | personal data, and no later than July 1, 2017, the me dical |
---|
879 | 855 | | certificate portion, sha ll be entered into the prescribed electronic |
---|
880 | 856 | | system provided by the State Registrar of Vital Statistics and the |
---|
881 | 857 | | information submitted to the State Registr ar of Vital Statistics. |
---|
882 | 858 | | The resultant certificate produced by the elect ronic system shall be |
---|
883 | 859 | | provided to the physician or medical examiner for medical |
---|
884 | 860 | | certification within twenty-four (24) hours after the death. |
---|
885 | 861 | | C. The medical certification shall be comp leted and signed |
---|
886 | 862 | | within forty-eight (48) hours after death by the physic ian, |
---|
887 | 863 | | physician assistant, or advanced practice registered nurse in charge |
---|
888 | 864 | | of the patient's care for the illness or conditio n which resulted in |
---|
889 | 865 | | death, except when inquiry as to the ca use of death is required by |
---|
890 | 866 | | Section 938 of this title. No later than July 1, 2017, the medical |
---|
891 | 867 | | certification portion of certificate data shall be entered into the |
---|
924 | 899 | | for the illness or conditio n which resulted in death is not in |
---|
925 | 900 | | attendance at the time of death, the medical certification shall be |
---|
926 | 901 | | completed and signed within forty-eight (48) hours after death by |
---|
927 | 902 | | the physician, physician assistant, or advanced practice register ed |
---|
928 | 903 | | nurse in attendance at the time of death, except: |
---|
929 | 904 | | 1. When the patient is under hospice care at the time of death, |
---|
930 | 905 | | the medical certification may be signed by the hospice's medical |
---|
931 | 906 | | director; and |
---|
932 | 907 | | 2. When inquiry as to the cause of death is required by Se ction |
---|
933 | 908 | | 938 of this title. |
---|
934 | 909 | | Provided, that such certification, i f signed by other than the |
---|
935 | 910 | | attending physician, physician assistant, or advanced practice |
---|
936 | 911 | | registered nurse, shall note on the face the name of the attending |
---|
937 | 912 | | physician, physician assistant, or advanced practice registered |
---|
938 | 913 | | nurse and that the information show n is only as reported. |
---|
939 | 914 | | E. A certifier completing cause of death on a ce rtificate of |
---|
940 | 915 | | death who knows that a lethal drug, overdose or other means of |
---|
941 | 916 | | assisting suicide within the meaning of Section s 3141.2 through |
---|
942 | 917 | | 3141.4 of this title caused or contributed t o the death shall list |
---|
975 | 949 | | F. The authority of a physician assistant subject to subsection |
---|
976 | 950 | | C of Section 4 of this act to carry out the functions described in |
---|
977 | 951 | | this section shall be governed by the practice agreement as provided |
---|
978 | 952 | | by Section 519.6 of Title 59 of the Oklahoma Statutes. |
---|
979 | 953 | | SECTION 8. AMENDATORY 63 O.S. 2021, Sect ion 2-101, as |
---|
980 | 954 | | last amended by Section 1, Chapter 375, O.S .L. 2023 (63 O.S. Supp. |
---|
981 | 955 | | 2023, Section 2-101), is amended to read as follows: |
---|
982 | 956 | | Section 2-101. As used in the Uniform Controlled Dangerous |
---|
983 | 957 | | Substances Act: |
---|
984 | 958 | | 1. "Administer" means the direct application of a controlled |
---|
985 | 959 | | dangerous substance, whether by injection, inhalation, ingestion or |
---|
986 | 960 | | any other means, to the body of a patient, animal or research |
---|
987 | 961 | | subject by: |
---|
988 | 962 | | a. a practitioner (or, in the presence of the |
---|
989 | 963 | | practitioner, by the authorized agent of the |
---|
990 | 964 | | practitioner), or |
---|
991 | 965 | | b. the patient or research subject at the direction and |
---|
992 | 966 | | in the presence of the practitioner; |
---|
1026 | 999 | | contract carrier, public warehouser or employee thereof, or a person |
---|
1027 | 1000 | | required to register under the Uniform Controlled Dangerous |
---|
1028 | 1001 | | Substances Act; |
---|
1029 | 1002 | | 3. "Board" means the Advisory Board to the Director of the |
---|
1030 | 1003 | | Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
---|
1031 | 1004 | | 4. "Bureau" means the Oklahoma State Bureau of Narcotics and |
---|
1032 | 1005 | | Dangerous Drugs Control; |
---|
1033 | 1006 | | 5. "Coca leaves" includes cocaine and any compound, |
---|
1034 | 1007 | | manufacture, salt, derivative, mixture or preparation of coca |
---|
1035 | 1008 | | leaves, except derivatives of coca leaves which do not contain |
---|
1036 | 1009 | | cocaine or ecgonine; |
---|
1037 | 1010 | | 6. "Commissioner" or "Director" means the Director of the |
---|
1038 | 1011 | | Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
---|
1039 | 1012 | | 7. "Control" means to add, remove or change the placement of a |
---|
1040 | 1013 | | drug, substance or immediate precursor under the Uniform Controlled |
---|
1041 | 1014 | | Dangerous Substances Act; |
---|
1042 | 1015 | | 8. "Controlled dangerous substance" means a drug, substance or |
---|
1043 | 1016 | | immediate precursor in Schedules I through V of the Uniform |
---|
1076 | 1048 | | 9. "Counterfeit substance" means a controlled substance which, |
---|
1077 | 1049 | | or the container or labeling of which without authorization, bears |
---|
1078 | 1050 | | the trademark, trade name or other identifying marks, imprint, |
---|
1079 | 1051 | | number or device or any likeness thereof of a manufacturer, |
---|
1080 | 1052 | | distributor or dispenser other than the person who in fact |
---|
1081 | 1053 | | manufactured, distributed or dispensed the substance; |
---|
1082 | 1054 | | 10. "Deliver" or "delivery" means the actual, constructive or |
---|
1083 | 1055 | | attempted transfer from one person to another of a controlled |
---|
1084 | 1056 | | dangerous substance or drug paraphernalia, whether or not there is |
---|
1085 | 1057 | | an agency relationship; |
---|
1086 | 1058 | | 11. "Dispense" means to deliver a controlled dangerous |
---|
1087 | 1059 | | substance to an ultimate user or human research subject by or |
---|
1088 | 1060 | | pursuant to the lawful order of a practitioner, including the |
---|
1089 | 1061 | | prescribing, administering, packaging, labeling or compounding |
---|
1090 | 1062 | | necessary to prepare the substance for such distribution. |
---|
1091 | 1063 | | "Dispenser" is a practitioner who delivers a controlled dangerous |
---|
1092 | 1064 | | substance to an ultimate user or human research subject; |
---|
1093 | 1065 | | 12. "Distribute" means to deliver other than by administering |
---|
1094 | 1066 | | or dispensing a controlled dangerous substance; |
---|
1127 | 1098 | | 14. "Drug" means articles: |
---|
1128 | 1099 | | a. recognized in the official United States Pharmacopeia, |
---|
1129 | 1100 | | official Homeopathic Pharmacopoeia of the United |
---|
1130 | 1101 | | States, or official National Formulary, or any |
---|
1131 | 1102 | | supplement to any of them, |
---|
1132 | 1103 | | b. intended for use in the diagnosis, cure, mitigation, |
---|
1133 | 1104 | | treatment or prevention of disease in man or other |
---|
1134 | 1105 | | animals, |
---|
1135 | 1106 | | c. other than food, intended to affect the structure or |
---|
1136 | 1107 | | any function of the body of man or other animals, and |
---|
1137 | 1108 | | d. intended for use as a component of any article |
---|
1138 | 1109 | | specified in this paragraph; |
---|
1139 | 1110 | | provided, however, the term drug does not include devices or their |
---|
1140 | 1111 | | components, parts or accessories; |
---|
1141 | 1112 | | 15. "Drug-dependent person" means a person who is using a |
---|
1142 | 1113 | | controlled dangerous substance and who is in a state of psychic or |
---|
1143 | 1114 | | physical dependence, or both, arising from administration of that |
---|
1144 | 1115 | | controlled dangerous substance on a continuous basis. Drug |
---|
1145 | 1116 | | dependence is characterized by behavioral and other responses which |
---|
1178 | 1148 | | administers, offers, or provides home care services, for a fee or |
---|
1179 | 1149 | | pursuant to a contract for such services, to clients in their place |
---|
1180 | 1150 | | of residence; |
---|
1181 | 1151 | | 17. "Home care services" means skilled or personal care |
---|
1182 | 1152 | | services provided to clients in their place of residence for a fee; |
---|
1183 | 1153 | | 18. "Hospice" means a centrally administered, nonprofit or for- |
---|
1184 | 1154 | | profit, medically directed, nurse-coordinated program which provides |
---|
1185 | 1155 | | a continuum of home and inpatient care for the terminally ill |
---|
1186 | 1156 | | patient and the patient's family. Such term shall also include a |
---|
1187 | 1157 | | centrally administered, nonprofit or for-profit, medically directed, |
---|
1188 | 1158 | | nurse-coordinated program if such program is licensed pursuant to |
---|
1189 | 1159 | | the provisions of the Uniform Controlled Dangerous Substances Act. |
---|
1190 | 1160 | | A hospice program offers palliative and supportive care to meet the |
---|
1191 | 1161 | | special needs arising out of the physical, emotional and spiritual |
---|
1192 | 1162 | | stresses which are experienced during the final stages of illness |
---|
1193 | 1163 | | and during dying and bereavement. This care is available twenty- |
---|
1194 | 1164 | | four (24) hours a day, seven (7) days a week, and is provided on the |
---|
1195 | 1165 | | basis of need, regardless of ability to pay. "Class A" Hospice |
---|
1223 | 1166 | | refers to Medicare-certified hospices. "Class B" refers to all |
---|
1224 | 1167 | | other providers of hospice services; |
---|
1225 | 1168 | | 19. "Imitation controlled substance" means a substance that is |
---|
1226 | 1169 | | not a controlled dangerous substance, which by dosage unit |
---|
1227 | 1170 | | appearance, color, shape, size, markings or by representations made, |
---|
1228 | 1171 | | would lead a reasonable person to believe that the substance is a |
---|
1229 | 1198 | | controlled dangerous substance. In the event the appearance of the |
---|
1230 | 1199 | | dosage unit is not reasonably sufficient to establish that the |
---|
1231 | 1200 | | substance is an imitation controlled substance, the court or |
---|
1232 | 1201 | | authority concerned should consider, in addition to all other |
---|
1233 | 1202 | | factors, the following factors as related to "representations made" |
---|
1234 | 1203 | | in determining whether the substance is an imitation controlled |
---|
1235 | 1204 | | substance: |
---|
1236 | 1205 | | a. statements made by an owner or by any other person in |
---|
1237 | 1206 | | control of the substance concerning the nature of the |
---|
1238 | 1207 | | substance, or its use or effect, |
---|
1239 | 1208 | | b. statements made to the recipient that the substance |
---|
1240 | 1209 | | may be resold for inordinate profit, |
---|
1241 | 1210 | | c. whether the substance is packaged in a manner normally |
---|
1242 | 1211 | | used for illicit controlled substances, |
---|
1243 | 1212 | | d. evasive tactics or actions utilized by the owner or |
---|
1244 | 1213 | | person in control of the substance to avoid detection |
---|
1245 | 1214 | | by law enforcement authorities, |
---|
1279 | 1247 | | 20. "Immediate precursor" means a substance which the Director |
---|
1280 | 1248 | | has found to be and by regulation designates as being the principal |
---|
1281 | 1249 | | compound commonly used or produced primarily for use, and which is |
---|
1282 | 1250 | | an immediate chemical intermediary used, or likely to be used, in |
---|
1283 | 1251 | | the manufacture of a controlled dangerous substance, the control of |
---|
1284 | 1252 | | which is necessary to prevent, curtail or limit such manufacture; |
---|
1285 | 1253 | | 21. "Laboratory" means a laboratory approved by the Director as |
---|
1286 | 1254 | | proper to be entrusted with the custody of controlled dangerous |
---|
1287 | 1255 | | substances and the use of controlled dangerous substances for |
---|
1288 | 1256 | | scientific and medical purposes and for purposes of instruction; |
---|
1289 | 1257 | | 22. "Manufacture" means the production, preparation, |
---|
1290 | 1258 | | propagation, compounding or processing of a controlled dangerous |
---|
1291 | 1259 | | substance, either directly or indirectly by extraction from |
---|
1292 | 1260 | | substances of natural or synthetic origin, or independently by means |
---|
1293 | 1261 | | of chemical synthesis or by a combination of extraction and chemical |
---|
1294 | 1262 | | synthesis. "Manufacturer" includes any person who packages, |
---|
1295 | 1263 | | repackages or labels any container of any controlled dangerous |
---|
1323 | 1264 | | substance, except practitioners who dispense or compound |
---|
1324 | 1265 | | prescription orders for delivery to the ultimate consumer; |
---|
1325 | 1266 | | 23. "Marijuana" means all parts of the plant Cannabis sativa |
---|
1326 | 1267 | | L., whether growing or not; the seeds thereof; the resin extracted |
---|
1327 | 1268 | | from any part of such plant; and every compound, manufacture, salt, |
---|
1328 | 1269 | | derivative, mixture or preparation of such plant, its seeds or |
---|
1329 | 1270 | | resin, but shall not include: |
---|
1330 | 1297 | | a. the mature stalks of such plant or fiber produced from |
---|
1331 | 1298 | | such stalks, |
---|
1332 | 1299 | | b. oil or cake made from the seeds of such plant, |
---|
1333 | 1300 | | including cannabidiol derived from the seeds of the |
---|
1334 | 1301 | | marijuana plant, |
---|
1335 | 1302 | | c. any other compound, manufacture, salt, derivative, |
---|
1336 | 1303 | | mixture or preparation of such mature stalks (except |
---|
1337 | 1304 | | the resin extracted therefrom), including cannabidiol |
---|
1338 | 1305 | | derived from mature stalks, fiber, oil or cake, |
---|
1339 | 1306 | | d. the sterilized seed of such plant which is incapable |
---|
1340 | 1307 | | of germination, |
---|
1341 | 1308 | | e. for any person participating in a clinical trial to |
---|
1342 | 1309 | | administer cannabidiol for the treatment of severe |
---|
1343 | 1310 | | forms of epilepsy pursuant to Section 2-802 of this |
---|
1344 | 1311 | | title, a drug or substance approved by the federal |
---|
1345 | 1312 | | Food and Drug Administration for use by those |
---|
1346 | 1313 | | participants, |
---|
1374 | 1314 | | f. for any person or the parents, legal guardians or |
---|
1375 | 1315 | | caretakers of the person who have received a written |
---|
1376 | 1316 | | certification from a physician licensed in this state |
---|
1377 | 1317 | | that the person has been diagnosed by a physician as |
---|
1378 | 1318 | | having Lennox-Gastaut syndrome, Dravet syndrome, also |
---|
1379 | 1319 | | known as severe myoclonic epilepsy of infancy, or any |
---|
1380 | 1320 | | other severe form of epilepsy that is not adequately |
---|
1381 | 1347 | | treated by traditional medical therapies, spasticity |
---|
1382 | 1348 | | due to multiple sclerosis or due to paraplegia, |
---|
1383 | 1349 | | intractable nausea and vomiting, appetite stimulation |
---|
1384 | 1350 | | with chronic wasting diseases, the substance |
---|
1385 | 1351 | | cannabidiol, a nonpsychoactive cannabinoid, found in |
---|
1386 | 1352 | | the plant Cannabis sativa L. or any other preparation |
---|
1387 | 1353 | | thereof, that has a tetrahydrocannabinol concentration |
---|
1388 | 1354 | | not more than three-tenths of one percent (0.3%) and |
---|
1389 | 1355 | | that is delivered to the patient in the form of a |
---|
1390 | 1356 | | liquid, |
---|
1391 | 1357 | | g. any federal Food-and-Drug-Administration-approved drug |
---|
1392 | 1358 | | or substance, or |
---|
1393 | 1359 | | h. industrial hemp, from the plant Cannabis sativa L. and |
---|
1394 | 1360 | | any part of such plant, whether growing or not, with a |
---|
1395 | 1361 | | delta-9 tetrahydrocannabinol concentration not more |
---|
1396 | 1362 | | than three-tenths of one percent (0.3%) on a dry- |
---|
1397 | 1363 | | weight basis which shall only be grown pursuant to the |
---|
1432 | 1397 | | 25. "Mid-level practitioner" means an Advanced Practice |
---|
1433 | 1398 | | Registered Nurse as defined and within parameters specified in |
---|
1434 | 1399 | | Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified |
---|
1435 | 1400 | | animal euthanasia technician as defined in Section 698.2 of Title 59 |
---|
1436 | 1401 | | of the Oklahoma Statutes, or an animal control officer registered by |
---|
1437 | 1402 | | the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
---|
1438 | 1403 | | under subsection B of Section 2-301 of this title within the |
---|
1439 | 1404 | | parameters of such officer's duties under Sections 501 through 508 |
---|
1440 | 1405 | | of Title 4 of the Oklahoma Statutes; |
---|
1441 | 1406 | | 26. "Narcotic drug" means any of the following, whether |
---|
1442 | 1407 | | produced directly or indirectly by extraction from substances of |
---|
1443 | 1408 | | vegetable origin, or independently by means of chemical synthesis, |
---|
1444 | 1409 | | or by a combination of extraction and chemical synthesis: |
---|
1445 | 1410 | | a. opium, coca leaves and opiates, |
---|
1446 | 1411 | | b. a compound, manufacture, salt, derivative or |
---|
1447 | 1412 | | preparation of opium, coca leaves or opiates, |
---|
1475 | 1413 | | c. cocaine, its salts, optical and geometric isomers, and |
---|
1476 | 1414 | | salts of isomers, |
---|
1477 | 1415 | | d. ecgonine, its derivatives, their salts, isomers and |
---|
1478 | 1416 | | salts of isomers, and |
---|
1479 | 1417 | | e. a substance, and any compound, manufacture, salt, |
---|
1480 | 1418 | | derivative or preparation thereof, which is chemically |
---|
1481 | 1419 | | identical with any of the substances referred to in |
---|
1482 | 1420 | | subparagraphs a through d of this paragraph, except |
---|
1483 | 1447 | | that the words narcotic drug as used in Section 2-101 |
---|
1484 | 1448 | | et seq. of this title shall not include decocainized |
---|
1485 | 1449 | | coca leaves or extracts of coca leaves, which extracts |
---|
1486 | 1450 | | do not contain cocaine or ecgonine; |
---|
1487 | 1451 | | 27. "Opiate" or "opioid" means any Schedule II, III, IV or V |
---|
1488 | 1452 | | substance having an addiction-forming or addiction-sustaining |
---|
1489 | 1453 | | liability similar to morphine or being capable of conversion into a |
---|
1490 | 1454 | | drug having such addiction-forming or addiction-sustaining |
---|
1491 | 1455 | | liability. The terms do not include, unless specifically designated |
---|
1492 | 1456 | | as controlled under the Uniform Controlled Dangerous Substances Act, |
---|
1493 | 1457 | | the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its |
---|
1494 | 1458 | | salts (dextromethorphan). The terms do include the racemic and |
---|
1495 | 1459 | | levorotatory forms; |
---|
1496 | 1460 | | 28. "Opium poppy" means the plant of the species Papaver |
---|
1497 | 1461 | | somniferum L., except the seeds thereof; |
---|
1525 | 1462 | | 29. "Peace officer" means a police officer, sheriff, deputy |
---|
1526 | 1463 | | sheriff, district attorney's investigator, investigator from the |
---|
1527 | 1464 | | Office of the Attorney General, or any other person elected or |
---|
1528 | 1465 | | appointed by law to enforce any of the criminal laws of this state |
---|
1529 | 1466 | | or of the United States; |
---|
1530 | 1467 | | 30. "Person" means an individual, corporation, government or |
---|
1531 | 1468 | | governmental subdivision or agency, business trust, estate, trust, |
---|
1532 | 1469 | | partnership or association, or any other legal entity; |
---|
1533 | 1496 | | 31. "Poppy straw" means all parts, except the seeds, of the |
---|
1534 | 1497 | | opium poppy, after mowing; |
---|
1535 | 1498 | | 32. "Practitioner" means: |
---|
1536 | 1499 | | a. (1) a medical doctor or osteopathic physician, |
---|
1537 | 1500 | | (2) a dentist, |
---|
1538 | 1501 | | (3) a podiatrist, |
---|
1539 | 1502 | | (4) an optometrist, |
---|
1540 | 1503 | | (5) a veterinarian, |
---|
1541 | 1504 | | (6) a physician assistant or an Advanced Practice |
---|
1542 | 1505 | | Registered Nurse under the supervision of a |
---|
1543 | 1506 | | licensed medical doctor or osteopathic physician; |
---|
1544 | 1507 | | or a physician assistant, |
---|
1545 | 1508 | | (7) a scientific investigator, or |
---|
1546 | 1509 | | (8) any other person, |
---|
1547 | 1510 | | licensed, registered or otherwise permitted to |
---|
1548 | 1511 | | prescribe, distribute, dispense, conduct research with |
---|
1576 | 1512 | | respect to, use for scientific purposes or administer |
---|
1577 | 1513 | | a controlled dangerous substance in the course of |
---|
1578 | 1514 | | professional practice or research in this state, or |
---|
1579 | 1515 | | b. a pharmacy, hospital, laboratory or other institution |
---|
1580 | 1516 | | licensed, registered or otherwise permitted to |
---|
1581 | 1517 | | distribute, dispense, conduct research with respect |
---|
1582 | 1518 | | to, use for scientific purposes or administer a |
---|
1583 | 1545 | | controlled dangerous substance in the course of |
---|
1584 | 1546 | | professional practice or research in this state; |
---|
1585 | 1547 | | 33. "Production" includes the manufacture, planting, |
---|
1586 | 1548 | | cultivation, growing or harvesting of a controlled dangerous |
---|
1587 | 1549 | | substance; |
---|
1588 | 1550 | | 34. "State" means the State of Oklahoma or any other state of |
---|
1589 | 1551 | | the United States; |
---|
1590 | 1552 | | 35. "Ultimate user" means a person who lawfully possesses a |
---|
1591 | 1553 | | controlled dangerous substance for the person's own use or for the |
---|
1592 | 1554 | | use of a member of the person's household or for administration to |
---|
1593 | 1555 | | an animal owned by the person or by a member of the person's |
---|
1594 | 1556 | | household; |
---|
1595 | 1557 | | 36. "Drug paraphernalia" means all equipment, products and |
---|
1596 | 1558 | | materials of any kind which are used, intended for use, or fashioned |
---|
1597 | 1559 | | specifically for use in planting, propagating, cultivating, growing, |
---|
1598 | 1560 | | harvesting, manufacturing, comp ounding, converting, producing, |
---|
1599 | 1561 | | processing, preparing, testing, analyzing, packaging, repackaging, |
---|
1627 | 1562 | | storing, containing, concealing, injecting, ingesting, inhaling or |
---|
1628 | 1563 | | otherwise introducing into the human body, a controlled dangerous |
---|
1629 | 1564 | | substance in violation o f the Uniform Controlled Dangerous |
---|
1630 | 1565 | | Substances Act including, but not limited to: |
---|
1631 | 1566 | | a. kits used, intended for use, or fashioned specifically |
---|
1632 | 1567 | | for use in planting, propagating, cultivating, growing |
---|
1633 | 1568 | | or harvesting of any species of plant which is a |
---|
1634 | 1595 | | controlled dangerous substance or from which a |
---|
1635 | 1596 | | controlled dangerous substance can be derived, |
---|
1636 | 1597 | | b. kits used, intended for use, or fashioned specifically |
---|
1637 | 1598 | | for use in manufacturing, compounding, converting, |
---|
1638 | 1599 | | producing, processing or preparing controlled |
---|
1639 | 1600 | | dangerous substances , |
---|
1640 | 1601 | | c. isomerization devices used, intended for use, or |
---|
1641 | 1602 | | fashioned specifically for use in increasing the |
---|
1642 | 1603 | | potency of any species of plant which is a controlled |
---|
1643 | 1604 | | dangerous substance, |
---|
1644 | 1605 | | d. testing equipment used, intended for use, or fashioned |
---|
1645 | 1606 | | specifically for use in identifying, or in analyzing |
---|
1646 | 1607 | | the strength, effectiveness or purity of controlled |
---|
1647 | 1608 | | dangerous substances, |
---|
1648 | 1609 | | e. scales and balances used, intended for use, or |
---|
1649 | 1610 | | fashioned specifically for use in weighing or |
---|
1650 | 1611 | | measuring controlled dangerous substances, |
---|
1678 | 1612 | | f. diluents and adulterants, such as quinine |
---|
1679 | 1613 | | hydrochloride, mannitol, mannite, dextrose and |
---|
1680 | 1614 | | lactose, used, intended for use, or fashioned |
---|
1681 | 1615 | | specifically for use in cutting controlled dangerous |
---|
1682 | 1616 | | substances, |
---|
1683 | 1617 | | g. separation gins and sifters used, intended for use, or |
---|
1684 | 1618 | | fashioned specifically for use in removing twigs and |
---|
1685 | 1645 | | seeds from, or in otherwise cleaning or refining, |
---|
1686 | 1646 | | marijuana, |
---|
1687 | 1647 | | h. blenders, bowls, containers, spoons and mixing devices |
---|
1688 | 1648 | | used, intended for use, or fashioned specifically for |
---|
1689 | 1649 | | use in compounding controlled dange rous substances, |
---|
1690 | 1650 | | i. capsules, balloons, envelopes and other containers |
---|
1691 | 1651 | | used, intended for use, or fashioned specifically for |
---|
1692 | 1652 | | use in packaging small quantities of controlled |
---|
1693 | 1653 | | dangerous substances, |
---|
1694 | 1654 | | j. containers and other objects used, intended for use, |
---|
1695 | 1655 | | or fashioned specifically for use in parenterally |
---|
1696 | 1656 | | injecting controlled dangerous substances into the |
---|
1697 | 1657 | | human body, |
---|
1698 | 1658 | | k. hypodermic syringes, needles and other objects used, |
---|
1699 | 1659 | | intended for use, or fashioned specifically for use in |
---|
1700 | 1660 | | parenterally injecting controlled dan gerous substances |
---|
1701 | 1661 | | into the human body, |
---|
1729 | 1662 | | l. objects used, intended for use, or fashioned |
---|
1730 | 1663 | | specifically for use in ingesting, inhaling or |
---|
1731 | 1664 | | otherwise introducing marijuana, cocaine, hashish or |
---|
1732 | 1665 | | hashish oil into the human body, such as: |
---|
1733 | 1666 | | (1) metal, wooden, acrylic, glass, stone, plastic or |
---|
1734 | 1667 | | ceramic pipes with or without screens, permanent |
---|
1735 | 1668 | | screens, hashish heads or punctured metal bowls, |
---|
1736 | 1695 | | (2) water pipes, |
---|
1737 | 1696 | | (3) carburetion tubes and devices, |
---|
1738 | 1697 | | (4) smoking and carburetion masks, |
---|
1739 | 1698 | | (5) roach clips, meaning objects used to hold burning |
---|
1740 | 1699 | | material, such as a marijuana cigarette, that has |
---|
1741 | 1700 | | become too small or too short to be held in the |
---|
1742 | 1701 | | hand, |
---|
1743 | 1702 | | (6) miniature cocaine spoons and cocaine vials, |
---|
1744 | 1703 | | (7) chamber pipes, |
---|
1745 | 1704 | | (8) carburetor pipes, |
---|
1746 | 1705 | | (9) electric pipes, |
---|
1747 | 1706 | | (10) air-driven pipes, |
---|
1748 | 1707 | | (11) chillums, |
---|
1749 | 1708 | | (12) bongs, or |
---|
1750 | 1709 | | (13) ice pipes or chillers, |
---|
1751 | 1710 | | m. all hidden or novelty pipes, and |
---|
1779 | 1711 | | n. any pipe that has a tobacco bowl or chamber of less |
---|
1780 | 1712 | | than one-half (1/2) inch in diameter in which there is |
---|
1781 | 1713 | | any detectable residue of any controlled dangerous |
---|
1782 | 1714 | | substance as defined in this section or any other |
---|
1783 | 1715 | | substances not legal for possession or use; |
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1784 | 1716 | | provided, however, the term drug paraphernalia shall not include |
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1785 | 1717 | | separation gins intended for use in preparing tea or spice, clamps |
---|
1786 | 1718 | | used for constructing electrical equ ipment, water pipes designed for |
---|
1787 | 1745 | | ornamentation in which no detectable amount of an illegal substance |
---|
1788 | 1746 | | is found or pipes designed and used solely for smoking tobacco, |
---|
1789 | 1747 | | traditional pipes of an American Indian tribal religious ceremony, |
---|
1790 | 1748 | | antique pipes that ar e thirty (30) years of age or older, or drug |
---|
1791 | 1749 | | testing strips possessed by a person for purposes of determining the |
---|
1792 | 1750 | | presence of fentanyl or a fentanyl-related compound; |
---|
1793 | 1751 | | 37. a. "Synthetic controlled substance" means a substance: |
---|
1794 | 1752 | | (1) the chemical structure of which is substantially |
---|
1795 | 1753 | | similar to the chemical structure of a controlled |
---|
1796 | 1754 | | dangerous substance in Schedule I or II, |
---|
1797 | 1755 | | (2) which has a stimulant, depressant, or |
---|
1798 | 1756 | | hallucinogenic effect on the central nervous |
---|
1799 | 1757 | | system that is substantially similar to or |
---|
1800 | 1758 | | greater than the stimulant, depressant or |
---|
1801 | 1759 | | hallucinogenic effect on the central nervous |
---|
1829 | 1760 | | system of a controlled dangerous substance in |
---|
1830 | 1761 | | Schedule I or II, or |
---|
1831 | 1762 | | (3) with respect to a particular person, which such |
---|
1832 | 1763 | | person represents or intends to have a stimulant, |
---|
1833 | 1764 | | depressant, or hallucinogenic effect on the |
---|
1834 | 1765 | | central nervous system that is substantially |
---|
1835 | 1766 | | similar to or greater than the stimulant, |
---|
1836 | 1767 | | depressant, or hallucinogenic effect on the |
---|
1837 | 1794 | | central nervous system of a controlled dangerous |
---|
1838 | 1795 | | substance in Schedule I or II. |
---|
1839 | 1796 | | b. The designation of gamma butyrolactone or any other |
---|
1840 | 1797 | | chemical as a precursor, pursuant to Section 2-322 of |
---|
1841 | 1798 | | this title, does not preclude a finding pursuant to |
---|
1842 | 1799 | | subparagraph a of this paragraph that the chemical is |
---|
1843 | 1800 | | a synthetic controlled substance. |
---|
1844 | 1801 | | c. "Synthetic controlled substance" does not include: |
---|
1845 | 1802 | | (1) a controlled dangerous substance, |
---|
1846 | 1803 | | (2) any substance for which there is an approved new |
---|
1847 | 1804 | | drug application, |
---|
1848 | 1805 | | (3) with respect to a particular person any |
---|
1849 | 1806 | | substance, if an exemption is in effect for |
---|
1850 | 1807 | | investigational use, for that person under the |
---|
1851 | 1808 | | provisions of Section 505 of the Federal Food, |
---|
1852 | 1809 | | Drug and Cosmetic Act, Title 21 of the United |
---|
1880 | 1810 | | States Code, Section 355, to the extent conduct |
---|
1881 | 1811 | | with respect to such substance is pursuant to |
---|
1882 | 1812 | | such exemption, or |
---|
1883 | 1813 | | (4) any substance to the extent not intended for |
---|
1884 | 1814 | | human consumption before such an exemption takes |
---|
1885 | 1815 | | effect with respect to that substance. |
---|
1886 | 1816 | | d. Prima facie evidence that a substance containing |
---|
1887 | 1817 | | salvia divinorum has been enhanced, concentrated or |
---|
1888 | 1844 | | chemically or physically altered shall give rise to a |
---|
1889 | 1845 | | rebuttable presumption that the substance is a |
---|
1890 | 1846 | | synthetic controlled substance; |
---|
1891 | 1847 | | 38. "Tetrahydrocannabinols" means all substances that have been |
---|
1892 | 1848 | | chemically synthesized to emulate the tetrahydrocannabinols of |
---|
1893 | 1849 | | marijuana, specifically including any tetrahydrocannabinols derived |
---|
1894 | 1850 | | from industrial hemp; |
---|
1895 | 1851 | | 39. "Isomer" means the optical isomer, except as used in |
---|
1896 | 1852 | | subsections C and F of Section 2-204 of this title and paragraph 4 |
---|
1897 | 1853 | | of subsection A of Section 2-206 of this title. As used in |
---|
1898 | 1854 | | subsections C and F of Section 2-204 of this title, isomer means the |
---|
1899 | 1855 | | optical, positional or geometric isomer. As used in paragraph 4 of |
---|
1900 | 1856 | | subsection A of Section 2-206 of this title, the term isomer means |
---|
1901 | 1857 | | the optical or geometric isomer; |
---|
1902 | 1858 | | 40. "Hazardous materials" means materials, whether solid, |
---|
1903 | 1859 | | liquid or gas, which are toxic to human, animal, aquatic or plant |
---|
1931 | 1860 | | life, and the disposal of which materials is controlled by state or |
---|
1932 | 1861 | | federal guidelines; |
---|
1933 | 1862 | | 41. "Anhydrous ammonia" means any substance that exhibits |
---|
1934 | 1863 | | cryogenic evaporative behavior and tests positive for ammonia; |
---|
1935 | 1864 | | 42. "Acute pain" means pain, whether resulting from disease, |
---|
1936 | 1865 | | accidental or intentional trauma or other cause, that the |
---|
1937 | 1866 | | practitioner reasonably expects to last only a short period of time. |
---|
1938 | 1867 | | Acute pain does not include chronic pain, pain being treated as part |
---|
1939 | 1894 | | of cancer care, hospice or other end-of-life care, or pain being |
---|
1940 | 1895 | | treated as part of palliative care; |
---|
1941 | 1896 | | 43. "Chronic pain" means pain that persists beyond the usual |
---|
1942 | 1897 | | course of an acute disease or healing of an injury. Chronic pain |
---|
1943 | 1898 | | may or may not be associated with an acute or chronic pathologic |
---|
1944 | 1899 | | process that causes continuous or intermittent pain over months or |
---|
1945 | 1900 | | years; |
---|
1946 | 1901 | | 44. "Initial prescription" means a prescription issued to a |
---|
1947 | 1902 | | patient who: |
---|
1948 | 1903 | | a. has never previously been issued a prescription for |
---|
1949 | 1904 | | the drug or its pharmaceutical equivalent in the past |
---|
1950 | 1905 | | year, or |
---|
1951 | 1906 | | b. requires a prescription for the drug or its |
---|
1952 | 1907 | | pharmaceutical equivalent due to a surgical procedure |
---|
1953 | 1908 | | or new acute event and has previously had a |
---|
1981 | 1909 | | prescription for the drug or its pharmaceutical |
---|
1982 | 1910 | | equivalent within the past year. |
---|
1983 | 1911 | | When determining whether a patient was previously issued a |
---|
1984 | 1912 | | prescription for a drug or its pharmaceutical equivalent, the |
---|
1985 | 1913 | | practitioner shall consult with the patient and review the medical |
---|
1986 | 1914 | | record and prescription monitoring information of the patient; |
---|
1987 | 1915 | | 45. "Patient-provider agreement" means a written contract or |
---|
1988 | 1916 | | agreement that is executed between a practitioner and a patient, |
---|
1989 | 1943 | | prior to the commencement of treatment for chronic pain using an |
---|
1990 | 1944 | | opioid drug as a means to: |
---|
1991 | 1945 | | a. explain the possible risk of development of physical |
---|
1992 | 1946 | | or psychological dependence in the patient and prevent |
---|
1993 | 1947 | | the possible development of addiction, |
---|
1994 | 1948 | | b. document the understanding of both the practitioner |
---|
1995 | 1949 | | and the patient regarding the patient-provider |
---|
1996 | 1950 | | agreement of the patient, |
---|
1997 | 1951 | | c. establish the rights of the patient in association |
---|
1998 | 1952 | | with treatment and the obligations of the patient in |
---|
1999 | 1953 | | relation to the responsible use, discontinuation of |
---|
2000 | 1954 | | use, and storage of opioid drugs, including any |
---|
2001 | 1955 | | restrictions on the refill of prescriptions or the |
---|
2002 | 1956 | | acceptance of opioid prescriptions from practitioners, |
---|
2003 | 1957 | | d. identify the specific medications and other modes of |
---|
2004 | 1958 | | treatment, including physical therapy or exercise, |
---|
2032 | 1959 | | relaxation or psychological counseling, that are |
---|
2033 | 1960 | | included as a part of the patient-provider agreement, |
---|
2034 | 1961 | | e. specify the measures the practitioner may employ to |
---|
2035 | 1962 | | monitor the compliance of the patient including, but |
---|
2036 | 1963 | | not limited to, random specimen screens and pill |
---|
2037 | 1964 | | counts, and |
---|
2038 | 1965 | | f. delineate the process for terminating the agreement, |
---|
2039 | 1966 | | including the consequences if the practitioner has |
---|
2040 | 1993 | | reason to believe that the patient is not complying |
---|
2041 | 1994 | | with the terms of the agreement. Compliance with the |
---|
2042 | 1995 | | "consent items" shall constitute a valid, informed |
---|
2043 | 1996 | | consent for opioid therapy. The practitioner shall be |
---|
2044 | 1997 | | held harmless from civil litigation for failure to |
---|
2045 | 1998 | | treat pain if the event occurs because of nonadherence |
---|
2046 | 1999 | | by the patient with any of the provisions of the |
---|
2047 | 2000 | | patient-provider agreement; |
---|
2048 | 2001 | | 46. "Serious illness" means a medical illness or physical |
---|
2049 | 2002 | | injury or condition that substantially affects quality of life for |
---|
2050 | 2003 | | more than a short period of time. Serious illness includes, but is |
---|
2051 | 2004 | | not limited to, Alzheimer's disease or related dementias, lung |
---|
2052 | 2005 | | disease, cancer, heart failure, renal failure, liver failure or |
---|
2053 | 2006 | | chronic, unremitting or intractable pain such as neuropathic pain; |
---|
2054 | 2007 | | and |
---|
2082 | 2008 | | 47. "Surgical procedure" means a procedure that is performed |
---|
2083 | 2009 | | for the purpose of structurally altering the human body by incision |
---|
2084 | 2010 | | or destruction of tissues as part of the practice of medicine. This |
---|
2085 | 2011 | | term includes the diagnostic or therapeutic treatment of conditions |
---|
2086 | 2012 | | or disease processes by use of instruments such as lasers, |
---|
2087 | 2013 | | ultrasound, ionizing, radiation, scalpels, probes or needles that |
---|
2088 | 2014 | | cause localized alteration or transportation of live human tissue by |
---|
2089 | 2015 | | cutting, burning, vaporizing, freezing, suturing, probing or |
---|
2090 | 2016 | | manipulating by closed reduction for major dislocations or |
---|
2091 | 2043 | | fractures, or otherwise altering by any mechanical, thermal, light- |
---|
2092 | 2044 | | based, electromagnetic or chemical means. |
---|
2093 | 2045 | | SECTION 9. AMENDATORY 63 O.S. 2021, Section 2-312, as |
---|
2094 | 2046 | | amended by Section 2, Chapter 184, O.S.L. 2022 (63 O. S. Supp. 2023, |
---|
2095 | 2047 | | Section 2-312), is amended to read as follows: |
---|
2096 | 2048 | | Section 2-312. A. A physician, podiatrist, optometrist or a |
---|
2097 | 2049 | | dentist who has complied with the registration req uirements of the |
---|
2098 | 2050 | | Uniform Controlled Dangerous Substances Act, in good faith and in |
---|
2099 | 2051 | | the course of such person's professional practice only, may |
---|
2100 | 2052 | | prescribe and administer controlled dangerous substances, or may |
---|
2101 | 2053 | | cause the same to be administered by medical or paramedical |
---|
2102 | 2054 | | personnel acting under the direction and supervision of the |
---|
2103 | 2055 | | physician, podiatrist, optometrist or dentist, and only may dispense |
---|
2104 | 2056 | | controlled dangerous substances pursuant to the provisions of |
---|
2105 | 2057 | | Sections 355.1 and 355.2 of Title 59 of the Oklahoma Statutes. |
---|
2133 | 2058 | | B. A veterinarian who has complied with the registration |
---|
2134 | 2059 | | requirements of the Uniform Controlled Dangerous Substances Act, in |
---|
2135 | 2060 | | good faith and in the course of the professional practice of the |
---|
2136 | 2061 | | veterinarian only, and not for use by a human being, ma y prescribe, |
---|
2137 | 2062 | | administer, and dispense controlled dangerous substances and m ay |
---|
2138 | 2063 | | cause them to be administered by an assistant or orderly under the |
---|
2139 | 2064 | | direction and supervision of the veterinarian. |
---|
2140 | 2065 | | C. An advanced practice nurse who is recognized to prescribe by |
---|
2141 | 2066 | | the Oklahoma Board of Nursing as an advanced registered nurse |
---|
2142 | 2093 | | practitioner, clinical nurse specialist or certified nurse-midwife, |
---|
2143 | 2094 | | who is subject to medical direction by a supervising physician, |
---|
2144 | 2095 | | pursuant to Section 567.3a of Title 59 of the Oklahoma Statut es, and |
---|
2145 | 2096 | | who has complied with the registration requirements of the Uniform |
---|
2146 | 2097 | | Controlled Dangerous Substances Act, in good faith and in the course |
---|
2147 | 2098 | | of professional practice only, may prescribe and administer Schedule |
---|
2148 | 2099 | | III, IV and V controlled dangerous substanc es. |
---|
2149 | 2100 | | D. An advanced practice nurse who is recognized to order, |
---|
2150 | 2101 | | select, obtain and administer drugs by the Oklahoma Board of Nursing |
---|
2151 | 2102 | | as a certified registered nurse anesthetist pursuant to Section |
---|
2152 | 2103 | | 353.1b of Title 59 of the Oklahoma Statutes and who has comp lied |
---|
2153 | 2104 | | with the registration requirements of the Uniform Controlled |
---|
2154 | 2105 | | Dangerous Substances Act, in good faith and in the course of such |
---|
2155 | 2106 | | practitioner's professional practice only, may order, select, obtain |
---|
2156 | 2107 | | and administer Schedules II through V controlled danger ous |
---|
2184 | 2108 | | substances in a preanesthetic preparation or evaluation; anesthesia |
---|
2185 | 2109 | | induction, maintenance or emergence; or postanesthesia care setting |
---|
2186 | 2110 | | only. A certified registered nurse anesthetist may order, select, |
---|
2187 | 2111 | | obtain and administer such drugs only during the perioperative or |
---|
2188 | 2112 | | periobstetrical period. |
---|
2189 | 2113 | | E. A physician assistant who is r ecognized to prescribe by the |
---|
2190 | 2114 | | State Board of Medical Licensure and Supervision under the medical |
---|
2191 | 2115 | | direction of a supervising physician, pursuant to Section 519.6 of |
---|
2192 | 2116 | | Title 59 of the Oklahoma Statutes, and who has complied with the |
---|
2193 | 2143 | | registration requirements o f the Uniform Controlled Da ngerous |
---|
2194 | 2144 | | Substances Act, in good faith and in the course of professional |
---|
2195 | 2145 | | practice only, may prescribe and administer Schedule II through V |
---|
2196 | 2146 | | controlled dangerous substances subject to the restrictions in |
---|
2197 | 2147 | | Section 519.6 of Title 59 of the Oklahoma Statu tes. |
---|
2198 | 2148 | | SECTION 10. REPEALER 59 O.S. 2021, Section 521.4, is |
---|
2199 | 2149 | | hereby repealed. |
---|
2200 | 2150 | | SECTION 11. It being immediately necessary for t he preservation |
---|
2201 | 2151 | | of the public peace, health or safety, an emergency is hereby |
---|
2202 | 2152 | | declared to exist, by reason whereof this act shall take effect and |
---|
2203 | 2153 | | be in full force from and after its passage an d approval. |
---|
2204 | 2154 | | |
---|