Req. No. 2306 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) SENATE BILL 1231 By: Bergstrom AS INTRODUCED An Act relating to professions and occupat ions; amending 59 O.S. 2021, Section 137, which relates to the Board of Podiatric M edical Examiners; extending sunset date; updating statutory refer ence; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 5 9 O.S. 2021, Section 137, is amended to read as follows: Section 137. A. A Board of Podiatric Med ical Examiners is hereby re-created, to continue until July 1, 2024 July 1, 2027, in accordance with the provisions of t he Oklahoma Sunset Law . Said The Board shall regulate the practice of podiatric medicine in this state in accordance with th e provisions of the Podiatric Medicine Practice Act. The Board, appointed by the Governor, shall be composed of five podiatric physici ans licensed to practice podiatric medicine in this state and one lay member representing the public. B. Each podiatric physician member of the Board shall: 1. Be a legal resident of this state; Req. No. 2306 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 2. Have practiced podiatric medicine continuously in this state during the three (3) years immediately preceding appointment to the Board; 3. Be free of pending disciplinary action or active investigation by the Board; and 4. Be a member in good standing of the American Podiatric Medical Association and of the Oklahoma Podiatric Medic al Association. C. The lay member of the Board shall: 1. Be a legal resident of this sta te; 2. Not be a registered or licensed practitioner of any of the healing arts or be related, within the third degree of consanguinity or affinity, to any such perso n; and 3. Participate in Board proceedings only for the purposes of: a. reviewing, investigating and disposing of written complaints regarding the conduct of podiatric physicians, and b. formulating, adopting and promulgating rules pursuant to Article I of the Administrative Procedures Act. D. Except as provided in subsection E of this s ection, the term of office of each podiatric physician member of the Board shall be five (5) years, with one such member being appointed to the Boa rd each year. The lay member of the Board shall serve a term coterminous with that of the Governor . Each member shall hold Req. No. 2306 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 office until the expiration of the term for which appointed or until a qualified successor has been duly appointed . An appointment shall be made by the Governor within ninety (90) days after the expiration of the term of any member, or the occurrence of a vacanc y on the Board due to resignation, death, or any other cause resulting in an unexpired term. The appointment of the podiatr ic physician members shall be made from a list of not less than five persons submitted annually to the Govern or by the Oklahoma Podiatric Medical Association. E. Each of the three podiatric physician members of the Board, serving on the effective date of this act September 1,1993, shall complete the term of office for which he or she was appointed, and the successor to each suc h member shall be appointed for a term of five (5) years. Within sixty (60) days after the effective date of this act September 1, 1993, the Governor shall appoint t wo new podiatric physician members to the Board, one for a term expiring July 1, 1997, and one for a term ex piring on July 1, 1998 . The successor to each such new member shall be appointed for a term of five (5) years. F. Before assuming duties on the Board, each member shall take and subscribe to the oath or affirmation provided in Article XV of the Oklahoma Constitution, which oath or affirmation shall be administered and filed as provided in said such article. Req. No. 2306 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 G. A member may be removed from the Board by t he Governor for cause which shall include, but not be limited to: 1. Ceasing to be qualified; 2. Being found guilty by a court of competent jurisdiction of a felony or of any offense involving moral turpitude; 3. Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in relation t o Board duties; 4. Being found mentally incompetent by a court of competent jurisdiction; 5. Being found in violation of any provision of the Podiatric Medicine Practice Act; or 6. Failing to attend three consecutive meetings of the Board without just cause, as determined by the Board. SECTION 2. This act shall become effective July 1, 2024. SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emerge ncy is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 59-2-2306 RD 12/7/2023 9:24:51 AM