Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1613 Compare Versions

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29-SENATE FLOOR VERSION
30-February 29, 2024
28+STATE OF OKLAHOMA
3129
30+2nd Session of the 59th Legislature (2024)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR
35-SENATE BILL NO. 1613 By: Garvin of the Senate
34+SENATE BILL 1613 By: Garvin of the Senate
3635
3736 and
3837
3938 Stinson of the House
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4443
45-[ medicine - graduate physician practice -
46-supervision requirements - rules - licensure -
47-standards - titles - collaborative practice
48-arrangement - disciplinary actions - information -
49-identification badges - course - codification -
50-effective date ]
44+COMMITTEE SUBSTITUTE
45+
46+An Act relating to the practice of medicine ; creating
47+the Graduate Physicians Act ; providing short title;
48+defining terms; limiting scope and location of
49+graduate physician practice; specifying applicability
50+of supervision requirements; directing the State
51+Board of Medical Licensure and Supervision to
52+promulgate certain rules; specifying duration of
53+licensure; authorizing certain penalties for
54+noncompliance with spec ified standards; specifying
55+allowed professional titles; making collaborating
56+physician responsible for graduate physicians;
57+requiring collaborative pr actice arrangement within
58+specified time period; stipulating requirements for
59+collaborating physician and collaborative practice
60+arrangement; requiring arrangement to include certain
61+provisions; directing promulgation of additional
62+rules; imposing certain limits on collaborative
63+practice arrangements; prohibiting certain
64+disciplinary actions under certain circumstances;
65+providing for identification and reporting of
66+collaborating physici ans; providing for publication
67+and tracking of certain information; gran ting certain
68+protections to collaborating physicians and graduate
69+physicians; requiring certain identification badges;
70+requiring completion of certification course;
71+specifying applicability of collaborative practice
72+agreements; providing for codificati on; and providing
73+an effective date.
5174
5275
53-
54-
55-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56-SECTION 1. NEW LAW A new sectio n of law to be codified
57-in the Oklahoma Statutes as Section 479.1 of Title 59, unless there
58-is created a duplication in numbering, reads as follows:
59-This act shall be known and may be cited as the “Graduate
60-Physicians Act”.
61-SECTION 2. NEW LAW A new section of law to be codified
62-in the Oklahoma Statutes as Section 479.2 of Title 59, unless there
63-is created a duplication in numbering, reads as follows:
64-As used in this act:
65-1. “Graduate physician” means a medical school graduate who:
66-
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105+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
106+SECTION 1. NEW LAW A new section of law to be codified
107+in the Oklahoma Statutes as Section 479.1 of Title 59, unless there
108+is created a duplication in numbering, reads as follows:
109+This act shall be known and may be cited as the “Graduate
110+Physicians Act”.
111+SECTION 2. NEW LAW A new section of law to be codified
112+in the Oklahoma Statutes as Section 479. 2 of Title 59, unless there
113+is created a duplication in numbering, reads as follows:
114+As used in this act:
115+1. “Graduate physician” means a medical school graduate who:
93116 a. is a resident and citizen of the United States or a
94117 legal resident alien in the United States , and
95118 b. has successfully completed Step 1 and Step 2 of the
96119 United States Medical Licensing Examination (USMLE),
97120 or the equivalent of Step 1 and Step 2 of any other
98121 medical licensing examination or combination of
99122 examinations that is approved by the State Board of
100123 Medical Licensure and Supervision or the State Board
101124 of Osteopathic Examiners, within the two-year period
102125 immediately preceding the date of the person’s
103126 application for licensure as a graduate physician, but
104-not more than three (3) years after graduation from a
105-medical school or school of osteopathic medicine;
106-2. “Graduate physician collaborative practice arrangement ”
107-means an agreement between a licens ed physician and a graduate
108-physician that meets the requirements of this act;
109-3. “Medical school graduate ” means any person who has graduate d
110-from a medical school as described in Section 493.1 of Title 59 of
111-the Oklahoma Statutes or a school of osteopathic medicine as
112-described in Section 630 of Title 59 of the Oklahoma Statutes ; and
113-4. “Primary care services ” means medical services in
114-pediatrics, internal medicine, and family medicine.
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153+not more than three (3) years after graduati on from a
154+medical school or school of osteopathic medicine;
155+2. “Graduate physician collaborative practice arrangement ”
156+means an agreement between a licensed physician and a graduate
157+physician that meets the requirements of this act;
158+3. “Medical school graduate” means any person who has graduated
159+from a medical school as described in Section 493.1 of Title 5 9 of
160+the Oklahoma Statutes or a school of osteopathic medicine as
161+described in Section 630 of Title 59 of the Oklahoma Statutes ; and
162+4. “Primary care services” means medical services in
163+pediatrics, internal medicine, and family medicine.
142164 SECTION 3. NEW LAW A new section of law to be codified
143165 in the Oklahoma Statutes as Section 479. 3 of Title 59, unless there
144166 is created a duplication in numbering, reads as follows:
145167 A graduate physician collaborative practice arrangement shall
146168 limit the graduate physician to providing primary care services in:
147169 1. A medically underserved area of this state as designated by
148170 the Health Resources and S ervices Administration ;
149171 2. A rural community of this state as determined by the Health
150172 Care Workforce Training Commission ; or
151173 3. A rural health clinic as defined under Sections 1861 and
152174 1905 of the federal Social Security Act (42 U.S.C. , Sections 1395x
153175 and 1396d).
154-SECTION 4. NEW LAW A new section of law to be codified
155-in the Oklahoma Statutes as Section 479.4 of Title 59, unless the re
156-is created a duplication in numbering, reads as follows:
157-Graduate physicians shall be subject to the supervision
158-requirements established in any controlling federal law, any
159-supervision requirements provided in this act, and any supervision
160-requirements established by the State Board of Medical Licensure and
161-Supervision. Graduate physicians are not subject to any additional
162-supervision requirements, other than the supervision requirements
163-provided in this section.
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202+SECTION 4. NEW LAW A new section of law to be codified
203+in the Oklahoma Statutes as Section 479. 4 of Title 59, unless there
204+is created a duplication in numbering, reads as follows:
205+Graduate physicians shall be subject to the supervision
206+requirements established in any controlling federal law, any
207+supervision requirements provided in this act, and any supervision
208+requirements established by the State Board of Medical Lice nsure and
209+Supervision. Graduate physicians are not subject to any additional
210+supervision requirements, other than the supervision requirements
211+provided in this section.
191212 SECTION 5. NEW LAW A new section of law to be codified
192213 in the Oklahoma Statutes as Section 479. 5 of Title 59, unless there
193214 is created a duplication in numbering, reads as follows:
194215 A. The State Board of Medical Licensure and Supervision , in
195216 consultation with the State Board of Osteopathi c Examiners, may
196217 promulgate rules:
197218 1. To establish the process for licensure of graduate
198219 physicians, supervision requirements, and additional requirements
199220 for graduate physician collaborat ive practice arrangements;
200221 2. To set fees in an amount greater than or equal to the total
201222 costs necessary to facilitate the graduate physician collabo rative
202223 practice arrangement each year; and
203224 3. To address any other matters necessary to protect the public
204225 and discipline the profession.
205-B. A graduate physician’s license issued pursuant to this act
206-and the rules promulgated by the State Board of Medical Licensure
207-and Supervision shall only be valid for two (2) years from the date
208-of issuance and is not subject to renewal. The State Board of
209-Medical Licensure and Supervision or the State Board of Osteopathic
210-Examiners may deny an application for licensure or suspend or revoke
211-the license of a graduate physician for violation of the standards
212-provided in the Oklahoma Allopathic Medical and Surgical Licensu re
213-and Supervision Act or the Oklahoma Osteopathic Medicine Act, or
214-such other standards of conduct established by the State Board of
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252+B. A graduate physician ’s license issued pursuant to this act
253+and the rules promulgated by the State Board of Medical Licensure
254+and Supervision shall only be valid for two (2) years from the date
255+of issuance and is not su bject to renewal. The State Board of
256+Medical Licensure and Supervision or the State Board of Osteopathi c
257+Examiners may deny an application for licensu re or suspend or revoke
258+the license of a graduate physician for violation of the standards
259+provided in the Oklahoma Allopathic Medical and Surgical Licensure
260+and Supervision Act or the Oklahoma Osteopathic Medicine Act, or
261+such other standards of condu ct established by the State Board of
242262 Medical Licensure and Supervision or the State Board of Osteopathi c
243263 Examiners by rule.
244264 SECTION 6. NEW LAW A new section of law to be codified
245265 in the Oklahoma Statutes as Section 479. 6 of Title 59, unless there
246266 is created a duplication in numbering, reads as follows:
247267 A graduate physician shall clearly identify himself or herself
248268 as a graduate physician and shall be permitted to use the
249269 identifiers “doctor” or “Dr.” A graduate physician shall not
250270 practice, or attempt to practice, without a graduate physician
251271 collaborative practice arrangement, except as otherwise provided in
252272 this act.
253273 SECTION 7. NEW LAW A new section of law to be codified
254274 in the Oklahoma Statutes as Section 479. 7 of Title 59, unless there
255275 is created a duplication in numbering, reads as follows:
256-The licensed physician collaborating with a graduate physician
257-shall be responsible for supervising the activities of the graduate
258-physician and shall accept full responsibility for the primary care
259-services provided by the graduate physician.
260-SECTION 8. NEW LAW A new section of law to be codified
261-in the Oklahoma Statutes as Section 479.8 of Title 59, unless there
262-is created a duplication in numbering, reads as follows:
263-A. This act applies to all graduate physician collaborative
264-practice arrangements. To be eligible to practice as a graduate
265-physician, a licensed graduate physician must enter into a graduate
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302+The licensed physician collaborating with a graduate physician
303+shall be responsible for supervising the activities of the graduate
304+physician and shall accept full responsibility for the primary care
305+services provided by the graduate physician.
306+SECTION 8. NEW LAW A new section of law to be codified
307+in the Oklahoma Statutes as Section 479. 8 of Title 59, unless there
308+is created a duplication in numbering , reads as follows:
309+A. This act applies to all graduate physician collaborative
310+practice arrangements. To be eligible to practice as a graduate
311+physician, a licensed graduate physician must enter into a graduate
293312 physician collaborative practice arran gement with a licensed
294313 physician no later than six (6) months after the date on which the
295314 graduate physician obtains initial licensure.
296315 B. Only a physician licensed by the State Board of Medical
297316 Licensure and Supervision or the State Board of Osteopathi c
298317 Examiners may enter into a graduate physician collaborative practice
299318 arrangement with a graduate physician. Graduate physician
300319 collaborative practice arrangements shall take the form of a written
301320 agreement that includes mutually agreed -upon protocols and any
302321 standing orders for the delivery of primary care services. Graduate
303322 physician collaborative practice arr angements may delegate to a
304323 graduate physician the authority to prescribe, administer, or
305324 dispense drugs and provide treatment, as long as the delivery of the
306325 primary care services is within the scope of the graduate
307-physician’s practice and is consistent with the graduate physician ’s
308-skill, training, and competence and the skill, training, and
309-competence of the collaborating physician; except that a graduate
310-physician shall not prescribe contr olled dangerous substances. The
311-collaborating physician shall be board -certified in the specialty
312-that the graduate physician is practicing, which may only include
313-pediatrics, internal medicine, or family medicine.
314-C. The graduate physician collaborative practice arrangement
315-shall contain the following provisions:
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352+physician’s practice and is consistent with the graduate physician ’s
353+skill, training, and competence and the skill, training, and
354+competence of the collaborating physician; except that a gra duate
355+physician shall not prescribe controlled dangerous substances. The
356+collaborating physician shall be board-certified in the specialty
357+that the graduate physician is practicing, which may only include
358+pediatrics, internal medicine, or family medicine.
359+C. The graduate physician collaborative practice arrangement
360+shall contain the following provisions:
343361 1. Complete names, home and b usiness addresses, and telephone
344362 numbers of the collaborating physician and the graduate physician;
345363 2. A requirement that the graduate physician practice at the
346364 same location as the collaborating physician;
347365 3. A requirement that a prominently displayed disclosure
348366 statement informing patients that they may be seen by a graduate
349367 physician, and advising patients that the patient has the right to
350368 see the collaborating physician, be posted in every office where the
351369 graduate physician is authorized to prescribe ;
352370 4. All specialty or board certifications of the collaborating
353371 physician and all certifications of the graduate physician ;
354372 5. The manner of collaboration between the collaborating
355373 physician and the graduate physician, includi ng how the
356374 collaborating physician and the graduate physician will:
357-a. engage in collaborative practice consistent with each
358-professional’s skill, training, education, and
359-competence, and
360-b. maintain geographic proximity. However, the graduate
361-physician collaborative practice arrangement may only
362-allow for geographic proximity to be waived for no
363-more than twenty-eight (28) days per calendar year for
364-rural health clinics, as long as the gradua te
365-physician collaborative practice arrangement includes
366-alternative plans as required by the State Board of
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401+a. engage in collaborative practice consiste nt with each
402+professional’s skill, training, education, and
403+competence, and
404+b. maintain geographic proximity. However, the graduate
405+physician collaborative practice arrangement may only
406+allow for geographic proximity to be waived for no
407+more than twenty-eight (28) days per calendar year for
408+rural health clinics, as long as the graduate
409+physician collaborative practice arrangement includes
410+alternative plans as required by the State Board of
394411 Medical Licensure and Supervision . The exception to
395412 the geographic proximity requirement app lies only to
396413 independent rural health clinics, provider -based rural
397414 health clinics if the provider is a critical access
398415 hospital as provided in 42 U.S.C. , Section 1395i-4,
399416 and provider-based rural health clinics if the primary
400417 location of the hospital sponsor is more than twenty-
401418 five (25) miles from the clinic. The collaborating
402419 physician shall maintain documentation rel ated to the
403420 geographic proximity requirement and present the
404421 documentation to the State Board of Medical Lice nsure
405422 and Supervision upon request;
406-6. A requirement that the graduate physician shall not provide
407-patient care during an absence of the collaborating physician for
408-any reason;
409-7. A list of all other graduate physician collaborative
410-practice arrangements of the collaborating physician and the
411-graduate physician;
412-8. The duration of the graduate physician collaborative
413-practice arrangement between the collaborating physician and the
414-graduate physician;
415-9. A provision describing the time and manner of the
416-collaborating physician ’s review of the graduate physician ’s
417-delivery of primary care services. The provision shall require the
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449+6. A requirement that the graduate physician shall not provide
450+patient care during an absence of the collaborating physician for
451+any reason;
452+7. A list of all other graduate physician collaborative
453+practice arrangements of the collaborating physician and the
454+graduate physician;
455+8. The duration of the graduate physician collaborative
456+practice arrangement between the collaborating physician and the
457+graduate physician;
458+9. A provision describing the time and manner of the
459+collaborating physician ’s review of the graduate physician’s
460+delivery of primary care services. The provision shall require the
445461 graduate physician to submit to the collaborating physician a
446462 minimum of twenty-five percent (25%) of the charts documenting the
447463 graduate physician’s delivery of primary care services for review by
448464 the collaborating physician or by any other physician designated in
449465 the graduate physician collaborative practice arrangement every
450466 fourteen (14) days after the initial observation year. For the
451467 first three (3) months of the i nitial observation year, the
452468 collaborating physician shall review one hundred percent (100%) of
453469 the charts documenting the graduate physician’s delivery of primary
454470 care services. For months four (4) through twelve (12), the
455471 collaborating physician shall r eview seventy-five percent (75%) of
456-the charts documenting the graduate physician ’s delivery of primary
457-care services; and
458-10. A requirement that a collab orating physician be on premises
459-if the graduate physician performs services in a hospital or
460-emergency department.
461-SECTION 9. NEW LAW A new section of law to be codified
462-in the Oklahoma Statutes as Section 479.9 of Title 59, unless there
463-is created a duplication in numbering, reads as follows:
464-A. The State Board of Medical Licensure and Supervision, in
465-consultation with the State Board of Osteopathic Examiners, shall
466-promulgate rules regulating the use of graduate physician
467-collaborative practice arrangements for graduate physicians. The
468-rules shall specify:
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498+the charts documenting the graduate physician ’s delivery of primary
499+care services; and
500+10. A requirement that a collaborating physician be on premises
501+if the graduate physician per forms services in a hospital or
502+emergency department.
503+SECTION 9. NEW LAW A new section of law to be codified
504+in the Oklahoma Statutes as Section 479. 9 of Title 59, unless there
505+is created a duplication in numbering, reads as follow s:
506+A. The State Board of Medical Lice nsure and Supervision, in
507+consultation with the State Board of Osteopathic Examiners , shall
508+promulgate rules regulating the use of graduate physician
509+collaborative practice arrangements for graduate physicians. The
510+rules shall specify:
496511 1. The geographic areas to be covered;
497512 2. The methods of treatment that may be covered by the graduate
498513 physician collaborative practice arrangement;
499514 3. The educational methods and programs to be performed during
500515 the collaborative practic e service, developed in consultation with
501516 deans of medical schools and primary care residency program
502517 directors in this state, which shall facilitate the advancement of
503518 the graduate physician ’s medical knowledge and capabilities, the
504519 successful completio n of which may lead to credit toward a future
505520 residency program that deems the documented educational achievements
506-of the graduate physician through the methods and programs
507-acceptable; and
508-4. Require review of the services provided under a graduate
509-physician collaborative practice arrangement.
510-B. A collaborating physician shall not enter into a graduate
511-physician collaborative practice arrangement with more than three
512-graduate physicians at th e same time.
513-SECTION 10. NEW LAW A new section of law to be codified
514-in the Oklahoma Statutes as Section 479.10 of Title 59, unless there
515-is created a duplication in numbering, reads as follows:
516-A. The State Board of Medical Licensu re and Supervision, in
517-consultation with the State Board of Osteopathic Examiners, shall
518-promulgate rules applicable to graduate physicians th at are
519-consistent with the guidelines established for federally funded
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547+of the graduate physician through the methods and programs
548+acceptable; and
549+4. Require review of the services provided under a graduate
550+physician collaborative practice arrangement .
551+B. A collaborating physician shall not enter into a graduate
552+physician collaborative practice arrangement with more than three
553+graduate physicians a t the same time.
554+SECTION 10. NEW LAW A new section of law to be codified
555+in the Oklahoma Statutes as Section 479. 10 of Title 59, unless there
556+is created a duplication in numbering, reads as follow s:
557+A. The State Board of Medical Lice nsure and Supervision , in
558+consultation with the State Board of Osteopathic Examin ers, shall
559+promulgate rules applicable to graduate physicians that are
560+consistent with the guidelines established for federally funded
547561 clinics. The rulemaking authority granted to the State Board of
548562 Medical Licensure and Supervision in this subsection does not extend
549563 to graduate physician collaborative practice arrangements of
550564 hospital employees providing inpatient care within hospitals.
551565 B. The State Board of Medical Lice nsure and Supervision or the
552566 State Board of Osteopathic Examiners shall not deny, revoke,
553567 suspend, or otherwise take disciplinary action against a
554568 collaborating physician for primary care services delegated to a
555569 graduate physician as long as the provisions of this section and any
556-applicable rules promulgated by the State Board of Medical Licensure
557-and Supervision are satisfied.
558-C. Within thirty (30) days of any licensure change, the State
559-Board of Medical Licensure and Supervision or the State Board of
560-Osteopathic Examiners shall require every physician to identify
561-whether the physician is engaged in a graduate physician
562-collaborative practice arrangem ent, and to report to the physician ’s
563-licensing board the name of each graduate physician with whom the
564-physician has entered into an arrangement. Each board may make the
565-information available to the public. The State Board of Medical
566-Licensure and Supervision shall track the reported information and
567-may routinely conduct reviews or inspections to ensure that the
568-arrangements are being carried out in compliance with this act.
569-D. A contract or other agreement shall not require a physician
570-to act as a collaborating physician for a graduate physician against
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596+applicable rules promulgated by the State Board of Medical Lice nsure
597+and Supervision are satisfied.
598+C. Within thirty (30) days of any licensure change, the State
599+Board of Medical Lice nsure and Supervision or the State Board of
600+Osteopathic Examiners shall require every physician to identify
601+whether the physician is engaged in a graduate physician
602+collaborative practice arrangement, and to report to the physician’s
603+licensing board the name of each graduate physician with whom the
604+physician has entered into an arrangement. Each board may make the
605+information available to the public. The State Board of Medical
606+Licensure and Supervision shall track the reported information and
607+may routinely conduct reviews or inspections to ensure that the
608+arrangements are being carried out in compliance with this act.
609+D. A contract or other agreement shall not require a physician
610+to act as a collaborating physician for a graduate p hysician against
598611 the physician’s will. A physician has the right to refuse to act as
599612 a collaborating physician, without penalty, for a particular
600613 graduate physician. A contract or other agreement shall not limit
601614 the collaborating physician ’s authority over any protocols or
602615 standing orders, or delegate the physician ’s authority to a graduate
603616 physician. However, this subsection does not authorize a physician
604617 in implementing protoc ols, standing orders, or delegation to violate
605618 applicable standards for safe medical practice established by a
606619 hospital’s medical staff.
607-E. A contract or other agreement shall not require a graduate
608-physician to serve as a graduate physician for any collaborating
609-physician against the graduate physician ’s will. A graduate
610-physician has the right to refuse to collaborate, without penalty,
611-with a particular physician.
612-F. All collaborating physicians and graduate physicians under a
613-graduate physician collaborative practice arrangement shall wear
614-identification badges while acting within the scope of the
615-arrangement. The identification badges shall prominently display
616-the licensure status of the collaborating physician and the graduate
617-physician.
618-SECTION 11. NEW LAW A new section of law to be codified
619-in the Oklahoma Statutes as Section 479.11 of Title 59, unless there
620-is created a duplication in numbering, reads as follows:
621620
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646+E. A contract or other agreement shall not require a graduate
647+physician to serve as a graduate physician for any colla borating
648+physician against the graduate physician ’s will. A graduate
649+physician has the right to refuse to collaborate, without penalty,
650+with a particular physician.
651+F. All collaborating physicians and graduate physicians under a
652+graduate physician collaborative practice arrangement shall wear
653+identification badges while acting within the scope of the
654+arrangement. The identification badges shall prominently display
655+the licensure status of the collaborating physician and the graduate
656+physician.
657+SECTION 11. NEW LAW A new section of law to be codified
658+in the Oklahoma Statutes as Section 479. 11 of Title 59, unless there
659+is created a duplication in numbering, reads as follow s:
648660 A. The collaborating physician shall complete a certification
649661 course, which may include material on the laws pertaining to the
650662 professional relationship. The certification course must be
651663 approved by the State Board of Medical Lice nsure and Supervision or
652664 the State Board of Osteopathic Examiners .
653665 B. A graduate physician collaborative practice arrangement
654666 shall supersede current hospital licensing regulations governing
655667 hospital medication orders under protocols or standing orders for
656668 the purpose of deliver ing inpatient or emergency care within a
657669 hospital as defined in Section 1-701 of Title 63 of the Oklahoma
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658696 Statutes, if the protocols or standing orders have been appro ved by
659697 the hospital’s medical staff and pharmaceutical therapeutics
660698 committee.
661699 SECTION 12. This act shall become effective November 1, 2024.
662-COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
663-February 29, 2024 - DO PASS AS AMENDED BY CS
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701+59-2-3572 DC 2/29/2024 11:49:31 AM