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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1231 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 137, which relates to
the Board of Podiatric Medical Examiners; extending
sunset date; updating statutory reference; providing
an effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 137, is
amended to read as follows:
Section 137. A. A Board of Podiatric Medical Examiners is
hereby re-created, to continue until July 1, 2024 July 1, 2027, in
accordance with the pro visions of the Oklahoma Sunset Law. Said The
Board shall regulate the practice of podiatric medicine in this
state in accordance with the provisions of the Podiatric Medicine
Practice Act. The B oard, appointed by the Governor, shall be
composed of five podiatric physicians licensed to practice podiatric
medicine in this state and one lay member representing the public.
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B. Each podiatric physician member of the Board shall:
1. Be a legal resident of this state;
2. Have practiced podiatric medicine conti nuously 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 Medical
Association.
C. The lay member of the Board shall:
1. Be a legal resident of this state;
2. Not be a registered or licensed practitioner of any of the
healing arts or be related, within the third degree of cons anguinity
or affinity, to any such person; 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 pr omulgating rules pursuant
to Article I of the Administrative Procedures Act.
D. Except as provided in su bsection E of this section, the term
of office of each podiatric physician member of the Board shall be
five (5) years, with one such member being appo inted to the Board
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each year. The lay member of the Board shall serve a term
coterminous with that of th e Governor. Each member shall hold
office until the expiration of the term for which appoi nted 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 vacancy on the
Board due to resignation, death, or any other cause resulting in an
unexpired term. The appointmen t of the podiatric physician members
shall be made from a list of not less than five persons submitted
annually to the Governor 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 appo inted, and
the successor to each such 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 two new
podiatric physician members to the Board, one f or a term expiring
July 1, 1997, and one for a term expiring 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
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the Oklahoma Constitution, which oath or affirmation shall be
administered and filed as provided in said such article.
G. A member may be removed from the Board by the Governor for
cause which shall include, but no t be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competen t jurisdiction of a
felony or of any offense involving moral turpitude;
3. Being found guilty, through due process, of malfeasance,
misfeasance or nonfeasance in re lation to 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 emergency is hereb y
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: C OMMITTEE ON ADMINISTRATIVE RULES, dated
03/28/2024 - DO PASS.