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SENATE FLOOR VERSION
February 8, 2023
SENATE BILL NO. 437 By: Garvin
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.10, as amended by Section 12,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
427.10), which relates to physicians who may provide
a recommendation; directing creation of certain
registry; requiring registr ation by physicians;
requiring compliance with medical education and
continuing medical education requi rements; directing
promulgation of cert ain rules in consultation with
specified boards; amending Section 3, Chapter 328,
O.S.L. 2022 (63 O.S. Supp. 2022, Section 427.14b) ,
which relates to credentials required fo r employees
to work in licensed medical ma rijuana business;
requiring dispensary employees to comply with
education and continuing education requirements;
directing promulgation of certain rules; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.10, as
amended by Section 12, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 427.10), is amended to read as follows:
Section 427.10. A. Only licensed Oklahoma allopathic,
osteopathic and podiatric physicians may provide a medical marijuana
recommendation for a medical marijuana patient license u nder the
Oklahoma Medical Marijuana and Patient Protection Act.
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B. A physician who has not completed his or her first residency
shall not meet the definition of “physician” under this section and
any recommendation for a medical marijuana patient license shall not
be processed by the Authority.
C. No physician shall be subject to arrest, prosecution or
penalty in any manner or denied any right or privilege under state,
municipal or county statute, ordinance or resolution, including
without limitation a civil penalty or disciplinary action by the
State Board of Medical Licensure and Supervision, the State Board of
Osteopathic Examiners , the Board of Podiatric Medical Examiners or
by any other business, occupation or professional licensing board or
bureau, solely for providing a medical marijuana recommendation for
a patient or for monitoring, treating or prescribing scheduled
medication to patient s who are medical marijuana licensees. The
provisions of this subsection shall not prevent the relevant
professional licensing boards from sanctioning a physician for
failing to properly evaluate the medical condition of a patient or
for otherwise violati ng the applicable physician-patient standard of
care.
D. A physician who recommends use of medical mari juana shall
not be located at the same physical address as a licensed medical
marijuana dispensary.
E. If the physician determines the continued use of medical
marijuana by the patient no longer meets the requirements set forth
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in the Oklahoma Medical Mar ijuana and Patient Protection Act, the
physician shall notify the Oklahoma Medical Marijuana Authority and
the license shall be immediately void ed without right to an
individual proceeding.
F. The Authority shall create and maintain a registry of
recommending physicians. Beginning January 1, 2025, to be eligible
to provide a medical marijuana recommendatio n to a licensed patient ,
a physician shall be registered with the Authority .
G. To be registered with the Authority, a physician shall
comply with the medical education and continuing medical education
requirements described in subsection H of this section and shall
meet all other requirements established by law or rule for
recommending physicians.
H. The Executive Director of the Authority shall promulgate
rules to establish medical education and continuing medical
education requirements for recommending physicians. In promulgating
such rules, the Executive Director shall consult wit h the State
Board of Medical Licensure and Supervision, the State Board of
Osteopathic Examiners, and the Board of Podiatric Medical Exam iners,
and the Executive Director may consult with associations
representing licensees of such boards.
SECTION 2. AMENDATORY Section 3, Chap ter 328, O.S.L.
2022 (63 O.S. Supp. 2022, Section 427.14b), is amended to read as
follows:
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Section 427.14b. A. 1. Beginning January 1, 2024, the
Oklahoma Medical Marijuana A uthority shall require employees of a
medical marijuana business licensee to apply for and receive a
credential authorizing the employee to wor k in a licensed medical
marijuana business.
2. Beginning January 1, 2025, to be eligible for such
credential, employees of medical marijuana disp ensaries shall comply
with the education and continuing education requirements described
in subsection G of this section and shall meet all other
requirements established by law or rule for employees of a medical
marijuana business licensee.
B. The Authority may contract with one or more third-party
vendors to provide the credentialing services necessary to carry out
the provisions of this section.
C. The Authority shall determine the services to be provided by
such third-party vendor and shall establish costs and prices. If
contracted for credentialing services, a third-party vendor shall on
behalf of the Authority conduct the background checks and verify
eligibility and suitability for any employees of a medical marijuana
business license holder to obtain a credential.
D. Upon successful completion by the third -party vendor of the
statutorily required backgro und checks and verificatio n of
eligibility and suitability for a n employee, the third-party vendor
shall issue a credential to the employee. The results of background
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checks and verificat ions shall be provided to the Authority by the
third-party vendor.
E. If the third-party vendor determines that an employee of a
medical marijuana business holder does not meet the minimum
statutory requirements for a credential, the applicant or employee
shall have no recourse against the third-party vendor but may appe al
such adverse determination to the Authority.
F. The third-party vendor shall not be civilly liable to an
applicant, licensee, or employee of a licensee for any acts taken in
good-faith compliance with the pr ovisions of Section 420 et seq. of
Title 63 of the Oklahoma Statutes and the Oklahoma Medical Marijuana
and Patient Protection Act and the rules promulgated by th e Oklahoma
Medical Marijuana Authority.
G. 1. The Executive Director of the Authority may promulgate
rules to implement the provisions of this section.
2. Such rules shall include, but not be limited to , education
and continuing education requirements for employees of medical
marijuana dispensaries.
SECTION 3. This act shall become effective January 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
February 8, 2023 - DO PASS