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5 | - | An Act | |
6 | - | ENROLLED SENATE | |
7 | - | BILL NO. 458 By: Stanley, Green, Hamilton, | |
3 | + | ENGR. H. A. to ENGR. S. B. NO. 458 Page 1 1 | |
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28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 458 By: Stanley, Green, Hamilton, | |
8 | 31 | Young, Murdock, Coleman, | |
9 | - | Rogers, Daniels, Paxton, Dahm , | |
10 | - | Woods, Pederson, Burns, Prieto, | |
11 | - | and Bergstrom of the Senate | |
32 | + | Rogers, Daniels, Paxton, | |
33 | + | and Dahm of the Senate | |
12 | 34 | ||
13 | 35 | and | |
14 | 36 | ||
15 | - | McEntire, Wallace, Townley, | |
16 | - | Pfeiffer, Lowe (Dick), Archer, | |
17 | - | Bennett, Moore, Fetgatter, | |
18 | - | McDugle, McBride, Kerbs, Grego, | |
19 | - | Cantrell, Nichols, Echols, | |
20 | - | Talley, Strom, and Stark of the | |
21 | - | House | |
22 | - | ||
23 | - | ||
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25 | - | An Act relating to the practice of nursing; providing | |
26 | - | for independent prescriptive authority of Advanced | |
27 | - | Practice Registered Nurses who meet certain | |
37 | + | McEntire of the House | |
38 | + | ||
39 | + | ||
40 | + | ||
41 | + | [ nursing - prescriptive authority – application - | |
42 | + | supervision - controlled dangerous substances - | |
43 | + | supervision requirement – codification - effective | |
44 | + | date ] | |
45 | + | ||
46 | + | ||
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49 | + | ||
50 | + | AUTHOR: Remove Representative Stark as House coauthor. | |
51 | + | Add as House Coauthors: Wallace, Townley, Pfeiffer, Lowe | |
52 | + | (Dick), Archer, Bennett, Moore, Fetga tter, McDugle, | |
53 | + | McBride, Kerbs, Grego, Cantrell, Nichols, Echols, Talley, | |
54 | + | and Strom | |
55 | + | ||
56 | + | AUTHOR: Add the following Senate coauthors: Woods, Pederson, and | |
57 | + | Burns | |
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60 | + | AMENDMENT NO. 1. Strike the stricken title, enacting clause, and | |
61 | + | entire bill and insert: | |
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63 | + | ||
64 | + | "An Act relating to the practice of nursing ; | |
65 | + | providing for independent prescriptive authority of | |
66 | + | Advanced Practice Registered Nurses who meet certain | |
28 | 67 | requirements; providing certain construction; stating | |
29 | 68 | application criteria; specifying duration of | |
30 | 69 | authority; authorizing supervision by Advanced | |
31 | 70 | Practice Registered Nurse with independent | |
32 | 71 | prescriptive authority who meets certain | |
33 | 72 | requirements; authorizing Oklahoma Board of Nursing | |
34 | 73 | to prescribe additional qualifications; providing for | |
35 | 74 | application approval, denial, reapplication, fees, | |
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36 | 101 | and independent prescriptive authority revocation; | |
37 | 102 | amending 59 O.S. 2021, Section 353.1, as amended by | |
38 | 103 | Section 6, Chapter 288, O.S.L. 2022 (59 O .S. Supp. | |
39 | 104 | 2023, Section 353.1), which relates to definitions | |
40 | 105 | used in the Oklahoma Pharmacy Act; modifying and | |
41 | 106 | adding definitions; amending 59 O.S. 2021, Section | |
42 | 107 | 353.1a, which relates to prescriptive authority of | |
43 | 108 | Advanced Practice Registered Nurses; modifyi ng | |
44 | 109 | prescriptive authority of ce rtain Advanced Practice | |
45 | 110 | Registered Nurses; amending 59 O.S. 2021, Section | |
46 | 111 | 567.3a, which relates to definitions us ed in the | |
47 | 112 | Oklahoma Nursing Practice Act; modifying and adding | |
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49 | - | ENR. S. B. NO. 458 Page 2 | |
50 | 113 | definitions; amending 59 O.S. 2021, Section 567.4a, | |
51 | 114 | which relates to prescriptive authority; specifying | |
52 | 115 | authority of the Board to grant prescriptive | |
53 | 116 | authority; directing the Board to promulgate certain | |
54 | 117 | rules; modifying references; conforming language; | |
55 | 118 | clarifying certain educational requirement; amending | |
56 | 119 | 59 O.S. 2021, Section 567.5a, which relates to | |
57 | 120 | Advanced Practice Registered Nurse license; providing | |
58 | 121 | for independent prescriptive authority by | |
59 | 122 | endorsement; amending 63 O.S. 2021, Section 2-312, as | |
60 | 123 | amended by Section 2, Chapter 184, O.S.L. 2022 (63 | |
61 | 124 | O.S. Supp. 2023, Section 2-312), which relates to | |
62 | 125 | controlled dangerous substances; conforming language | |
63 | 126 | relating to supervision r equirement; updating | |
64 | 127 | statutory language; updating statutory references; | |
65 | 128 | providing for codification; and declaring an | |
66 | 129 | emergency. | |
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72 | 135 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
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74 | 136 | SECTION 1. NEW LAW A new section of law to be codified | |
75 | 137 | in the Oklahoma Statutes as Sect ion 567.4c of Title 59, unless there | |
76 | 138 | is created a duplication in numbering, reads as follows: | |
77 | - | ||
78 | 139 | A. 1. An Advanced Practice Registered Nurse recognized by the | |
79 | 140 | Oklahoma Board of Nursing as a Certified Nurse Practitioner , | |
80 | 141 | Clinical Nurse Specialist , or Certified Nurse-Midwife who has | |
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81 | 168 | completed a minimum of six thousand two hundred forty (6,240) hours | |
82 | 169 | of practice with prescriptive authority supervised by a physician or | |
83 | 170 | completed an accredited residency program may apply to the Oklahoma | |
84 | 171 | Board of Nursing for authority to prescribe and order independent of | |
85 | 172 | supervision. This paragraph shall not be construed to exclude | |
86 | 173 | practice hours with supervised prescriptive authority obtained prior | |
87 | 174 | to the effective date of this act from being counted toward the | |
88 | 175 | hours required in this paragraph. | |
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92 | 176 | 2. The application for independent prescriptive authority shall | |
93 | 177 | include proof that the Certified Nurse Practitioner, Clinical Nurse | |
94 | 178 | Specialist, or Certified Nurse-Midwife: | |
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96 | 179 | a. holds a valid, current license in the appropriate | |
97 | 180 | Advanced Practice Registered Nurse role issued by the | |
98 | 181 | Board and is in good standing with the Board, and | |
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100 | 182 | b. has completed a minimum of six thousand two hundred | |
101 | 183 | forty (6,240) hours of practice with prescriptive | |
102 | 184 | authority supervised by a physicia n or completed an | |
103 | 185 | accredited residency pro gram. | |
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105 | 186 | 3. Independent prescriptive authority granted under this | |
106 | 187 | subsection shall be valid until the expiration of the current | |
107 | 188 | license to practice and may be renewed upon application to the Board | |
108 | 189 | at the same time and for the same period as the renewal of the | |
109 | 190 | license to practice. | |
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111 | 217 | B. The Board shall review any application submitted under this | |
112 | 218 | section and shall approve or deny the application, stating the | |
113 | 219 | reason or reasons for denial, if denied. If denied, the applicant | |
114 | 220 | may reapply using the process prescribe d by subsection A of this | |
115 | 221 | section. | |
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117 | 222 | C. The Board may suspend or revoke independent prescriptive | |
118 | 223 | authority granted under this section for good cause at any time. | |
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120 | 224 | D. The Board may establish a fee for the review of initial and | |
121 | 225 | renewal applications under the provisions of this section. | |
122 | - | ||
123 | 226 | SECTION 2. NEW LAW A new section of law to be c odified | |
124 | 227 | in the Oklahoma Statutes as Section 567.5b of Title 59, unless there | |
125 | 228 | is created a duplication in numbering, reads as follows: | |
126 | - | ||
127 | 229 | A. The Oklahoma Board of Nursing, the State Board of Medical | |
128 | 230 | Licensure and Supervision, and the State Board of Osteopathic | |
129 | 231 | Examiners shall collaborate to promulgate a uniform set of rules: | |
130 | - | ||
131 | 232 | 1. Governing supervision requirements of an Advanced Practice | |
132 | 233 | Registered Nurse who has n ot obtained independent prescriptive | |
133 | 234 | authority under Section 1 of this act; and | |
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137 | 235 | 2. That impose a reaso nable limit on the monetary amount that a | |
138 | 236 | supervising physician may charge an Advanced Practice Registered | |
139 | 237 | Nurse for supervision. Nothing in this paragr aph shall be construed | |
140 | 238 | to require a supervising physician to charge a fee for supervision. | |
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142 | 239 | B. The Oklahoma Board of Nursing, the State Board of Medical | |
143 | 240 | Licensure and Supervision, and the State Board of Osteopathic | |
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144 | 267 | Examiners may collaborate to promulgate a uniform set of rules | |
145 | 268 | imposing a reasonable limit on the number of Advanced Practice | |
146 | 269 | Registered Nurses that a physician may supervise; provided, however, | |
147 | 270 | such rules shall allow a physician to seek a waiver to exceed this | |
148 | 271 | limit for such purposes as may be d etermined by the Boards in the | |
149 | 272 | uniform set of rules. | |
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151 | 273 | C. The State Board of Medical Licensure and Super vision and the | |
152 | 274 | State Board of Osteopathic Examiners s hall make available, and keep | |
153 | 275 | updated, in a conspicuous location on the Inter net website of each | |
154 | 276 | Board a list of physicians who are available to supervise Advanced | |
155 | 277 | Practice Registered Nurses. The Boards shall develop procedures | |
156 | 278 | necessary for the implement ation of this section. | |
157 | - | ||
158 | 279 | SECTION 3. NEW LAW A new secti on of law to be codifie d | |
159 | 280 | in the Oklahoma Statutes as Section 355.5 of Title 59, unless there | |
160 | 281 | is created a duplication in numbe ring, reads as follows: | |
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162 | 282 | A. A licensed practitioner, or the employer of the licensed | |
163 | 283 | practitioner on his or her behalf, shall carr y malpractice insurance | |
164 | 284 | or demonstrate proof of financial responsibility in a minimum amount | |
165 | 285 | of One Million Dollars ($1,000,00 0.00) per occurrence and Three | |
166 | 286 | Million Dollars ($3,00 0,000.00) in the aggregate per year. | |
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168 | 287 | B. A licensed practitioner who is emplo yed by or under contract | |
169 | 288 | with a federal agency that carries malpractice insurance in any | |
170 | 289 | amount on behalf of the licensed prac titioner shall be deemed in | |
171 | 290 | compliance with subsectio n A of this section when practicing under | |
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172 | 317 | such federal employment or contract . However, to the extent the | |
173 | 318 | licensed practitioner practices outside of such federal employment | |
174 | 319 | or contract, the licensed pra ctitioner, or the employer of the | |
175 | 320 | licensed practitioner, shall comply with subsection A of this | |
176 | 321 | section. | |
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179 | - | ENR. S. B. NO. 458 Page 5 | |
180 | 322 | SECTION 4. AMENDATORY 59 O.S. 2021, Section 353.1, as | |
181 | 323 | amended by Section 6, Chap ter 288, O.S.L. 2022 (59 O.S. Supp. 202 3, | |
182 | 324 | Section 353.1), is amended to read as follows: | |
183 | - | ||
184 | - | Section 353.1. For the purposes of the Oklahoma Pharmacy Act: | |
185 | - | ||
325 | + | Section 353.1 For the purposes of the Oklahoma Pharmacy Act: | |
186 | 326 | 1. "Accredited program" means those seminars, classes, | |
187 | 327 | meetings, work projects, and other educational courses approved by | |
188 | 328 | the Board State Board of Pharmacy for purposes of continuing | |
189 | 329 | professional education; | |
190 | - | ||
191 | 330 | 2. "Act" means the Oklahoma Pharmacy Act; | |
192 | - | ||
193 | 331 | 3. "Administer" means the direct application of a drug, whether | |
194 | 332 | by injection, inhalation, ingestion or any other means, to the body | |
195 | 333 | of a patient; | |
196 | - | ||
197 | 334 | 4. "Assistant pharmacist" means any person presently licen sed | |
198 | 335 | as an assistant pharmacist in the State of Oklahom a this state by | |
199 | 336 | the Board pursuant to Section 353.10 of this title and for the | |
200 | 337 | purposes of the Oklahoma Pharmacy Act shal l be considered the same | |
201 | 338 | as a pharmacist, except where otherwise specified; | |
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203 | 339 | 5. "Board" or "State Board" means the State Board of Pharmacy; | |
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204 | 365 | ||
205 | 366 | 6. "Certify" or "certification of a prescription" means the | |
206 | 367 | review of a filled prescription by a licensed pharmac ist or a | |
207 | 368 | licensed practitioner with dispensing authority to confirm that the | |
208 | 369 | medication, labeling, and packaging of the filled prescription are | |
209 | 370 | is accurate and meet all requirements prescribed by state and | |
210 | 371 | federal law. For the purposes of this paragraph, "licensed | |
211 | 372 | practitioner" shall not include optometrists with dispensing | |
212 | 373 | authority; | |
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214 | 374 | 7. "Chemical" means any medicinal substance, whether simple or | |
215 | 375 | compound or obtained through the process of the science and art of | |
216 | 376 | chemistry, whether of organic or inorganic ori gin; | |
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218 | 377 | 8. "Compounding" means the combining, admixing, mixing, | |
219 | 378 | diluting, pooling, reconstituting or otherwise altering of a drug or | |
220 | 379 | bulk drug substance to create a drug. Compounding includes the | |
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223 | 380 | preparation of drugs or devices in anticipation of prescript ion drug | |
224 | 381 | orders based on routine, regularly observed prescribing patterns; | |
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226 | 382 | 9. "Continuing professional education" means professional, | |
227 | 383 | pharmaceutical education in the general areas of the socioeconomic | |
228 | 384 | and legal aspects of health care; the properties and actions of | |
229 | 385 | drugs and dosage forms; and the etiology, characteristics and | |
230 | 386 | therapeutics of the diseased state; | |
231 | - | ||
232 | 387 | 10. "Dangerous drug", "legend drug", "prescription drug" or "Rx | |
233 | 388 | Only" means a drug: | |
234 | - | ||
235 | 389 | a. for human use subject to 21 U.S.C. 353(b)(1), or | |
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236 | 415 | ||
237 | 416 | b. is labeled "Prescription Only", or labeled with the | |
238 | 417 | following statement: "Caution: Federal law restricts | |
239 | 418 | this drug except for to use by or on the order of a | |
240 | 419 | licensed veterinarian."; | |
241 | - | ||
242 | 420 | 11. "Director" means the Executive Director of the State Board | |
243 | 421 | of Pharmacy unless context clearly indicates otherwise; | |
244 | - | ||
245 | 422 | 12. "Dispense" or "dispensing" means the interpretation, | |
246 | 423 | evaluation, and implementation of a prescription d rug order | |
247 | 424 | including the preparation and delivery of a drug or device to a | |
248 | 425 | patient or a patient's agent in a suitable container appropria tely | |
249 | 426 | labeled for subsequent administration to, or use by, a patient. | |
250 | 427 | Dispense includes sell, distribute, leave with, gi ve away, dispose | |
251 | 428 | of, deliver or supply; | |
252 | - | ||
253 | 429 | 13. "Dispenser" means a retail pharmacy, hospital pharmacy, a | |
254 | 430 | group of chain pharmacies under c ommon ownership and control that do | |
255 | 431 | not act as a wholesale distributor, or any other person authorized | |
256 | 432 | by law to dispense or administer prescription drugs, and the | |
257 | 433 | affiliated warehouses or distributions of such entities under common | |
258 | 434 | ownership and control t hat do not act as a wholesale distributor. | |
259 | 435 | For the purposes of this paragraph, "dispenser" dispenser does not | |
260 | 436 | mean a person who dispenses only products to be used in animals in | |
261 | 437 | accordance with 21 U.S.C. 360b(a)(5); | |
262 | - | ||
263 | 438 | 14. "Distribute" or "distribution" means the sale, purchase, | |
264 | 439 | trade, delivery, handling, storage, or receipt of a product, and | |
265 | 440 | ||
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267 | 466 | does not include the d ispensing of a product pursuant to a | |
268 | 467 | prescription executed in accordance with 21 U.S.C. 353(b)(1) or the | |
269 | 468 | dispensing of a product approved under 21 U.S.C. 360b(b); provided, | |
270 | 469 | taking actual physical possession of a product or title shall not be | |
271 | 470 | required; | |
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273 | 471 | 15. "Doctor of Pharmacy" means a person licensed by the Board | |
274 | 472 | to engage in the practice of pharmacy. The terms "pharmacist", | |
275 | 473 | "D.Ph.", and "Doctor of Pharmacy" shall be interchangeable and shall | |
276 | 474 | have the same meaning wherever they appear in the Oklahoma Statu tes | |
277 | 475 | and the rules promulgated by the Board; | |
278 | - | ||
279 | 476 | 16. "Drug outlet" means all manufacturers, repackagers, | |
280 | 477 | outsourcing facilities, wholesale distributors, third-party | |
281 | 478 | logistics providers, pharmacies, and all other facilities which are | |
282 | 479 | engaged in dispensing, deli very, distribution or storage of | |
283 | 480 | dangerous drugs; | |
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285 | 481 | 17. "Drugs" means all medicinal substances and preparations | |
286 | 482 | recognized by the United States Pharmacopoeia Pharmacopeia and | |
287 | 483 | National Formulary, or any revision thereof, and all substances and | |
288 | 484 | preparations intended for external and/or internal use in the cure, | |
289 | 485 | diagnosis, mitigation, treatment or preventi on of disease in humans | |
290 | 486 | or animals and all substances and preparations, other than food, | |
291 | 487 | intended to affect the structure or any function of the body of a | |
292 | 488 | human or animals; | |
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294 | 515 | 18. "Drug sample" means a unit of a prescription drug packaged | |
295 | 516 | under the authority and responsibility of the manufacturer that is | |
296 | 517 | not intended to be sold and is intended to promote the sale of the | |
297 | 518 | drug; | |
298 | - | ||
299 | 519 | 19. "Durable medical equipment" has the same meaning as | |
300 | 520 | provided by Section 2 of this act Section 375.2 of this title; | |
301 | - | ||
302 | 521 | 20. "Filled prescription" means a packaged prescription | |
303 | 522 | medication to which a label has been affixed which contain s such | |
304 | 523 | information as is required by the Oklahoma Pharmacy Act; | |
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306 | 524 | 21. "Hospital" means any institution licensed as a hospital by | |
307 | 525 | this state for the care and treatment of patients, or a pharmacy | |
308 | 526 | operated by the Oklahoma Department of Veterans Affairs; | |
309 | - | ||
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312 | 527 | 22. "Licensed practitioner" means: | |
313 | - | ||
314 | 528 | a. an allopathic physician, | |
315 | - | ||
316 | 529 | b. an osteopathic physician, | |
317 | - | ||
318 | 530 | c. a podiatric physician, | |
319 | - | ||
320 | 531 | d. a dentist, | |
321 | - | ||
322 | 532 | e. a veterinarian or, | |
323 | - | ||
324 | 533 | f. an optometrist, or | |
325 | - | ||
326 | 534 | g. a Certified Nurse Practitioner, Clinical Nurse | |
327 | 535 | Specialist, or Certified Nurse -Midwife who has | |
328 | 536 | obtained independent prescriptive authority under | |
329 | 537 | Section 1 of this act, | |
330 | 538 | ||
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331 | 564 | licensed to practice and authorized to prescribe dangerous drugs | |
332 | 565 | within the scope of practice of such p ractitioner; | |
333 | - | ||
334 | 566 | 23. "Manufacturer" or "virtual manufacturer" means with respect | |
335 | 567 | to a product: | |
336 | - | ||
337 | 568 | a. a person that holds an application approved under 21 | |
338 | 569 | U.S.C. 355 or a license issued under 42 U.S.C. 262 for | |
339 | 570 | such product, or if such product is not the subject of | |
340 | 571 | an approved application or license, the person who | |
341 | 572 | manufactured the product, | |
342 | - | ||
343 | 573 | b. a co-licensed partner of the person described in | |
344 | 574 | subparagraph a of this paragraph that obtains the | |
345 | 575 | product directly from a person described in this | |
346 | 576 | subparagraph or subparagraph a of this paragraph, | |
347 | - | ||
348 | 577 | c. an affiliate of a person described in subpara graph a | |
349 | 578 | or b of this paragraph who receives the product | |
350 | 579 | directly from a person described in this subparagraph | |
351 | 580 | or in subparagraph a or b of this paragraph, or | |
352 | - | ||
353 | - | ||
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355 | 581 | d. a person who contracts with another to manufacture a | |
356 | 582 | product; | |
357 | - | ||
358 | 583 | 24. "Manufacturing" means the production, preparation, | |
359 | 584 | propagation, compounding, conversion or processing of a device or a | |
360 | 585 | drug, either directly or indirectly by extraction from substances of | |
361 | 586 | natural origin or independently by means of chemical or biological | |
362 | 587 | synthesis and includes any packaging or repackaging of the | |
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363 | 614 | substances or labeling or relabeling of its container, and the | |
364 | 615 | promotion and marketing of such drugs or devices. The term | |
365 | 616 | "manufacturing" manufacturing also includes the preparation and | |
366 | 617 | promotion of commercially available products from bulk compounds for | |
367 | 618 | resale by licensed pharmacies, licensed practitioners or other | |
368 | 619 | persons; | |
369 | - | ||
370 | 620 | 25. "Medical gas" means those gases including those in liquid | |
371 | 621 | state upon which the manufacturer or distributor has placed one of | |
372 | 622 | several cautions, such as "Rx Only", in compliance with federal law; | |
373 | - | ||
374 | 623 | 26. "Medical gas order" means an order for medical gas issued | |
375 | 624 | by a licensed prescriber; | |
376 | - | ||
377 | 625 | 27. "Medical gas distributor" means a person licensed to | |
378 | 626 | distribute, transfer, wholesale, deliver or sell medical gases on | |
379 | 627 | drug orders to suppliers or other entities licensed to use, | |
380 | 628 | administer or distribute medical gas and may also include a patient | |
381 | 629 | or ultimate user; | |
382 | - | ||
383 | 630 | 28. "Medical gas supplier" means a person who di spenses medical | |
384 | 631 | gases on drug orders only to a patient or ultimate user; | |
385 | - | ||
386 | 632 | 29. "Medicine" means any drug or combination of drugs which has | |
387 | 633 | the property of curing, preventing, treating, diagnosing or | |
388 | 634 | mitigating diseases, or which is used for that purpose; | |
389 | - | ||
390 | 635 | 30. "Nonprescription drugs" means medicines or drugs which are | |
391 | 636 | sold without a prescription and which are prepackaged for use by the | |
392 | 637 | consumer and labeled in accordance with the requirements of the | |
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393 | 664 | statutes and regulations of this state and the federal gov ernment. | |
394 | 665 | Such items shall also include medical and dental supplies and | |
395 | 666 | bottled or nonbulk chemicals which are sold or offered for sale to | |
396 | 667 | the general public if such articles or preparations meet the | |
397 | - | ||
398 | - | ENR. S. B. NO. 458 Page 10 | |
399 | 668 | requirements of the Federal Food, Drug, and Cosmetic Act, 21 | |
400 | 669 | U.S.C.A., Section 321 et seq.; | |
401 | - | ||
402 | 670 | 31. "Outsourcing facility" including "virtual outsourcing | |
403 | 671 | facility" means a facility at one geographic location or address | |
404 | 672 | that: | |
405 | - | ||
406 | 673 | a. is engaged in the compounding of sterile drugs, | |
407 | - | ||
408 | 674 | b. has elected to register as an outsourcing facility, | |
409 | 675 | and | |
410 | - | ||
411 | 676 | c. complies with all requirements of 21 U.S.C. 353b; | |
412 | - | ||
413 | 677 | 32. "Package" means the smallest individual saleable unit of | |
414 | 678 | product for distribution by a manufacturer or repackager that is | |
415 | 679 | intended by the manufacturer for ultimate s ale to the dispenser of | |
416 | 680 | such product. For the purposes of this paragraph, "individual | |
417 | 681 | saleable unit" means the smallest container of a product introduced | |
418 | 682 | into commerce by the manufacturer or repackager that is intended by | |
419 | 683 | the manufacturer or repackager fo r individual sale to a dispenser; | |
420 | - | ||
421 | 684 | 33. "Person" means an individual, partnership, limited | |
422 | 685 | liability company, corporation or association, unless the context | |
423 | 686 | otherwise requires; | |
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424 | 712 | ||
425 | 713 | 34. "Pharmacist-in-charge" or "PIC" means the pharmacist | |
426 | 714 | licensed in this state responsible for the management control of a | |
427 | 715 | pharmacy and all other aspects of the practice of pharmacy in a | |
428 | 716 | licensed pharmacy as defined by Section 353.18 of this title; | |
429 | - | ||
430 | 717 | 35. "Pharmacy" means a place regularly licensed by the State | |
431 | 718 | Board of Pharmacy in which prescriptions, dru gs, medicines, | |
432 | 719 | chemicals and poisons are compounded or dispensed or such place | |
433 | 720 | where pharmacists practice the profession of pharmacy, or a pharmacy | |
434 | 721 | operated by the Oklahoma Department of Veterans Affairs; | |
435 | - | ||
436 | 722 | 36. "Pharmacy technician", "technician", "Rx tech", or "tech" | |
437 | 723 | means a person issued a Technician permit by the State Board of | |
438 | 724 | Pharmacy to assist the pharmacist and perform nonjudgmental, | |
439 | 725 | technical, manipulative, non-discretionary functions in the | |
440 | - | ||
441 | - | ENR. S. B. NO. 458 Page 11 | |
442 | 726 | prescription department under the immediate and direct supe rvision | |
443 | 727 | of a pharmacist; | |
444 | - | ||
445 | 728 | 37. "Poison" means any substance which when introduced into the | |
446 | 729 | body, either directly or by absorption, produces violent, morbid or | |
447 | 730 | fatal changes, or which destroys living tissue with which such | |
448 | 731 | substance comes into contact; | |
449 | - | ||
450 | 732 | 38. "Practice of pharmacy" means: | |
451 | - | ||
452 | 733 | a. the interpretation and evaluation of prescription | |
453 | 734 | orders, | |
454 | - | ||
455 | 735 | b. the compounding, dispensing, administering and | |
456 | 736 | labeling of drugs and devices, except labeling by a | |
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457 | 763 | manufacturer, repackager or distributor of | |
458 | 764 | nonprescription drug s and commercially packaged legend | |
459 | 765 | drugs and devices, | |
460 | - | ||
461 | 766 | c. the participation in drug selection and drug | |
462 | 767 | utilization reviews, | |
463 | - | ||
464 | 768 | d. the proper and safe storage of drugs and devices and | |
465 | 769 | the maintenance of proper records thereof, | |
466 | - | ||
467 | 770 | e. the responsibility for advising by counseling and | |
468 | 771 | providing information, where professionally necessary | |
469 | 772 | or where regulated, of therapeutic values, content, | |
470 | 773 | hazards and use of drugs and devices, | |
471 | - | ||
472 | 774 | f. the offering or performing of those ac ts, services, | |
473 | 775 | operations or transactions necessary i n the conduct, | |
474 | 776 | operation, management and c ontrol of a pharmacy, or | |
475 | - | ||
476 | 777 | g. the provision of those acts or services that are | |
477 | 778 | necessary to provide pharmaceutical care; | |
478 | - | ||
479 | 779 | 39. "Preparation" means an article which may or may not contain | |
480 | 780 | sterile products compounded in a licensed pharmacy pursuant to the | |
481 | 781 | order of a licensed prescriber; | |
482 | - | ||
483 | - | ||
484 | - | ENR. S. B. NO. 458 Page 12 | |
485 | 782 | 40. "Prescriber" means a person licensed in this state who is | |
486 | 783 | authorized to prescribe dangerous drugs within the scope of practice | |
487 | 784 | of the person's profession; | |
488 | 785 | ||
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489 | 811 | 41. "Prescription" means and includes any order for drug or | |
490 | 812 | medical supplies written or signed, or transmitted by word of mouth, | |
491 | 813 | telephone or other means of communication: | |
492 | - | ||
493 | 814 | a. by a licensed prescriber, | |
494 | - | ||
495 | 815 | b. under the supervision of an Oklahoma licensed | |
496 | 816 | practitioner, an Oklahoma licensed advanced practice | |
497 | 817 | registered nurse or an Oklahoma licensed by a | |
498 | 818 | physician assistant pursuant to a practice agreement , | |
499 | 819 | or | |
500 | - | ||
501 | 820 | c. (1) under the supervision of a supervising physician, | |
502 | 821 | by a Certified Nurse Practitioner, Clinical Nurse | |
503 | 822 | Specialist, or Certified Nurse-Midwife licensed | |
504 | 823 | in this state who has not obtained independent | |
505 | 824 | prescriptive authority under Section 1 of this | |
506 | 825 | act, or | |
507 | - | ||
508 | 826 | (2) by a Certified Nurse Practitioner, Clinical Nurse | |
509 | 827 | Specialist, or Certified Nurse-Midwife licensed | |
510 | 828 | in this state who has obtained independent | |
511 | 829 | prescriptive authority under Section 1 of this | |
512 | 830 | act, or | |
513 | - | ||
514 | 831 | d. by an Oklahoma licensed wholesaler or di stributor as | |
515 | 832 | authorized in Section 353.29.1 of this title; | |
516 | - | ||
517 | 833 | 42. "Product" means a prescription drug in a finished dosage | |
518 | 834 | form for administration to a patient without substantial further | |
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519 | 861 | manufacturing, such as capsules, tablets, and lyophilized products | |
520 | 862 | before reconstitution. "Product" does not include blood components | |
521 | 863 | intended for transfusion, radioactive drugs or biologics and medical | |
522 | 864 | gas; | |
523 | - | ||
524 | 865 | 43. "Repackager", including "virtual repackager", means a | |
525 | 866 | person who owns or operates an establishment that repac ks and | |
526 | - | ||
527 | - | ENR. S. B. NO. 458 Page 13 | |
528 | 867 | relabels a product or package for further sale or distribution | |
529 | 868 | without further transaction; | |
530 | - | ||
531 | 869 | 44. "Sterile drug" means a drug that is intended for parenteral | |
532 | 870 | administration, an ophthalmic or oral inhalation drug in aqueous | |
533 | 871 | format, or a drug that is required to be sterile under state and | |
534 | 872 | federal law; | |
535 | - | ||
536 | 873 | 45. "Supervising physician" means an individual holding a | |
537 | 874 | current license to practice as a physician from the State Board of | |
538 | 875 | Medical Licensure and Supervision, pursuant to the provisions of the | |
539 | 876 | Oklahoma Allopathic Medical and Surgical Licensure and Supervision | |
540 | 877 | Act, or the State Board of Osteopathic Examiners, pursuant to the | |
541 | 878 | provisions of the Oklahoma Osteopathic Medicine Act, who supervises | |
542 | 879 | an advanced practice registered nurse a Certified Nurse | |
543 | 880 | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife | |
544 | 881 | as defined in Section 567.3a of this title who has not obtained | |
545 | 882 | independent prescriptive authority under Section 1 of this act, | |
546 | - | ||
547 | 883 | and who is not in training as an intern, resident, or fellow . To be | |
548 | 884 | eligible to supervise an advanced practice registered nurse, such | |
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549 | 911 | The supervising physician shall remain in compliance with the rules | |
550 | 912 | promulgated by the State Board of Medical Licensure and Supervision | |
551 | 913 | or the State Board of Osteopathic Examiners; | |
552 | - | ||
553 | 914 | 46. "Supportive personnel" means technicians and auxiliary | |
554 | 915 | supportive persons who are regularly paid employees of a pharmacy | |
555 | 916 | who work and perform tasks in the pharmacy as authorized by Section | |
556 | 917 | 353.18A of this title; | |
557 | - | ||
558 | 918 | 47. "Third-party logistics provider" including "virtual third- | |
559 | 919 | party logistics provider" means an entity that provides or | |
560 | 920 | coordinates warehousing, or other logistics services of a product in | |
561 | 921 | interstate commerce on behalf of a manufacturer, wholesale | |
562 | 922 | distributor, or dispenser of a produc t but does not take ownership | |
563 | 923 | of the product, nor have responsibility to direct the sale or | |
564 | 924 | disposition of the product. For the purposes of this paragraph, | |
565 | 925 | "third-party logistics provider" does not include shippers and the | |
566 | 926 | United States Postal Service; | |
567 | - | ||
568 | 927 | 48. "Wholesale distributor" including "virtual wholesale | |
569 | 928 | distributor" means a person other than a manufacturer, a | |
570 | - | ||
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572 | 929 | manufacturer's co-licensed partner, a third-party logistics | |
573 | 930 | provider, or repackager engaged in wholesale distribution as defined | |
574 | 931 | by 21 U.S.C. 353(e)(4) as amended by the Drug Supply Chain Security | |
575 | 932 | Act; | |
576 | - | ||
577 | 933 | 49. "County jail" means a facility operated by a county for the | |
578 | 934 | physical detention and correction of persons charged with, or | |
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579 | 961 | convicted of, criminal o ffenses or ordinance violations or persons | |
580 | 962 | found guilty of civil or criminal contempt; | |
581 | - | ||
582 | 963 | 50. "State correctional facility" means a facility or | |
583 | 964 | institution that houses a prisoner population under the jurisdiction | |
584 | 965 | of the Department of Corrections; | |
585 | - | ||
586 | 966 | 51. "Unit dose package" means a package that contains a single | |
587 | 967 | dose drug with the name, strength, control number, and expiration | |
588 | 968 | date of that drug on the label; and | |
589 | - | ||
590 | 969 | 52. "Unit of issue package" means a package that provides | |
591 | 970 | multiple doses of the same drug, but each drug is individually | |
592 | 971 | separated and includes the name, lot number, and expiration date. | |
593 | - | ||
594 | 972 | SECTION 5. AMENDATORY 59 O.S. 2021, Section 353.1a, is | |
595 | 973 | amended to read as follows: | |
596 | - | ||
597 | - | Section 353.1a. A. Prescribing 1. Prescriptive authority | |
598 | - | shall be allowed, under the medical direction of a supervising | |
599 | - | physician, for an advanced practice nurse a licensed Advanced | |
600 | - | Practice Registered Nurse recognized by the Oklahoma Board of | |
601 | - | Nursing in one of the following categories: advanced registered | |
602 | - | nurse practitioners, clinical nurse specialists, or certified nurse - | |
974 | + | Section 353.1a A. Prescribing 1. Prescriptive authority shall | |
975 | + | be allowed, under the medical direction of a supervising physician, | |
976 | + | for an advanced practice nurse a licensed Advanced Practice | |
977 | + | Registered Nurse recognized by the Oklahom a Board of Nursing in one | |
978 | + | of the following categories: advanced registered nurse | |
979 | + | practitioners, clinical nurse specialists, or certified nurse- | |
603 | 980 | midwives as a Certified Nurse Practitioner, Clinical Nurse | |
604 | 981 | Specialist, or Certified Nurse-Midwife who has not obtained | |
605 | 982 | independent prescriptive authority under Section 1 of this act. | |
606 | - | ||
607 | 983 | 2. Prescriptive authority shall be allowed, independent of the | |
608 | 984 | medical direction of a supervising physician, for a licensed | |
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609 | 1011 | Advanced Practice Registered Nurse recognized by the Oklahoma Board | |
610 | 1012 | of Nursing as a Certified Nurse Practitioner, Clinical Nurse | |
611 | 1013 | Specialist, or Certified Nurse-Midwife who has obtained independent | |
612 | 1014 | prescriptive authority under Section 1 of this act. | |
613 | - | ||
614 | - | ||
615 | - | ENR. S. B. NO. 458 Page 15 | |
616 | 1015 | B. The advanced practice nurse Advanced Practice Registered | |
617 | 1016 | Nurse may write or sign, or transmit by word of mouth, telephone or | |
618 | 1017 | other means of communication an order for drugs or medical supplies | |
619 | 1018 | that is intended to be filled, compounded, or dispensed by a | |
620 | 1019 | pharmacist. The supervising physician, if applicable, and the | |
621 | 1020 | advanced practice nurse prescribing Advanced Practice Registered | |
622 | 1021 | Nurse shall be identified at the time of origination of the | |
623 | 1022 | prescription and the name of the advanced practice nurse prescribing | |
624 | 1023 | Advanced Practice Registered Nurse shall be printed on the | |
625 | 1024 | prescription label. | |
626 | - | ||
627 | 1025 | B. C. Pharmacists may dispense prescriptions for non-controlled | |
628 | 1026 | prescription drugs authorized by an advanced practice nurse Advanced | |
629 | 1027 | Practice Registered Nurse or physician assistant, not located in | |
630 | 1028 | Oklahoma this state, provided that they are licensed in the state in | |
631 | 1029 | which they are actively prescribing. | |
632 | - | ||
633 | 1030 | C. D. 1. Pharmacists may only dispense prescriptions for | |
634 | 1031 | controlled dangerous substances prescribed by an advanced practice | |
635 | 1032 | nurse or physician assistant Advanced Practice Registered Nurse | |
636 | 1033 | licensed in the State of Oklahoma and supervised by an Oklahoma- | |
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637 | 1060 | licensed practitioner this state who meets the criteria in paragraph | |
638 | 1061 | 1 or 2 of subsection A of this section. | |
639 | - | ||
640 | 1062 | 2. Pharmacists may only dispense prescriptions for controlled | |
641 | 1063 | dangerous substances prescribed by a physician assistant licensed in | |
642 | 1064 | this state pursuant to a practice agreeme nt. | |
643 | - | ||
644 | 1065 | SECTION 6. AMENDATORY 59 O.S. 2021, Section 567.3a, is | |
645 | 1066 | amended to read as follows: | |
646 | - | ||
647 | - | Section 567.3a. As used in the Oklahoma Nursing Practice Act: | |
648 | - | ||
1067 | + | Section 567.3a As used in the Oklahoma Nursing Practice Act: | |
649 | 1068 | 1. "Board" means the Oklahoma Board of Nursing; | |
650 | - | ||
651 | 1069 | 2. "The practice of nursing" means the performance of services | |
652 | 1070 | provided for purposes of nursing diagnosis and treatment of human | |
653 | 1071 | responses to actual or potential health problems consistent with | |
654 | 1072 | educational preparation. Knowledge and skill are the basis for | |
655 | 1073 | assessment, analysis, planning, intervention, and evaluation used in | |
656 | 1074 | the promotion and mainten ance of health and nursing management of | |
657 | 1075 | illness, injury, infirmity, restoration or optimal function, or | |
658 | - | ||
659 | - | ENR. S. B. NO. 458 Page 16 | |
660 | 1076 | death with dignity. Practice is based on understanding the human | |
661 | 1077 | condition across the human lifespan and understanding the | |
662 | 1078 | relationship of the individ ual within the environment. This | |
663 | 1079 | practice includes execution of the medical regime including the | |
664 | 1080 | administration of medications and treatments prescribed by any | |
665 | 1081 | person authorized by state law to so prescribe; | |
666 | - | ||
667 | 1082 | 3. "Registered nursing" means the practice of the full scope of | |
668 | 1083 | nursing which includes, but is not limited to: | |
669 | 1084 | ||
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670 | 1110 | a. assessing the health status of individuals, families | |
671 | 1111 | and groups, | |
672 | - | ||
673 | 1112 | b. analyzing assessment data to determine nursing care | |
674 | 1113 | needs, | |
675 | - | ||
676 | 1114 | c. establishing goals to meet identified health care | |
677 | 1115 | needs, | |
678 | - | ||
679 | 1116 | d. planning a strategy of care, | |
680 | - | ||
681 | 1117 | e. establishing priorities of nursing intervention to | |
682 | 1118 | implement the strategy of care, | |
683 | - | ||
684 | 1119 | f. implementing the strategy of care, | |
685 | - | ||
686 | 1120 | g. delegating such tasks as may safely be performed by | |
687 | 1121 | others, consistent with educational preparatio n and | |
688 | 1122 | that do not conflict with the provisions of the | |
689 | 1123 | Oklahoma Nursing Practice Act, | |
690 | - | ||
691 | 1124 | h. providing safe and effective nursing care rendered | |
692 | 1125 | directly or indirectly, | |
693 | - | ||
694 | 1126 | i. evaluating responses to interventions, | |
695 | - | ||
696 | 1127 | j. teaching the principles and practice of nursing, | |
697 | - | ||
698 | 1128 | k. managing and supervising the practice of nursing, | |
699 | - | ||
700 | 1129 | l. collaborating with other health professionals in the | |
701 | 1130 | management of health care, | |
702 | - | ||
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704 | - | ||
705 | 1131 | m. performing additional nursing functions in accordance | |
706 | 1132 | with knowledge and skills acquired beyond basic | |
707 | 1133 | nursing preparation, and | |
708 | 1134 | ||
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709 | 1160 | n. delegating those nursing tasks as defined in the rules | |
710 | 1161 | of the Board that may be performed by an advanced | |
711 | 1162 | unlicensed assistive person; | |
712 | - | ||
713 | 1163 | 4. "Licensed practical nursing" means the practice of nursing | |
714 | 1164 | under the supervision or direction of a regis tered nurse, licensed | |
715 | 1165 | physician or dentist. This directed scope of nursing practice | |
716 | 1166 | includes, but is not limited to: | |
717 | - | ||
718 | 1167 | a. contributing to the assessment of the health status of | |
719 | 1168 | individuals and groups, | |
720 | - | ||
721 | 1169 | b. participating in the development and modification of | |
722 | 1170 | the plan of care, | |
723 | - | ||
724 | 1171 | c. implementing the appropriate aspects of the plan of | |
725 | 1172 | care, | |
726 | - | ||
727 | 1173 | d. delegating such tasks as may safely be performed by | |
728 | 1174 | others, consistent with educational preparation and | |
729 | 1175 | that do not conflict with the Oklahoma Nursing | |
730 | 1176 | Practice Act, | |
731 | - | ||
732 | 1177 | e. providing safe and effective nursing care rendered | |
733 | 1178 | directly or indirectly, | |
734 | - | ||
735 | 1179 | f. participating in the evaluation of responses to | |
736 | 1180 | interventions, | |
737 | - | ||
738 | 1181 | g. teaching basic nursing skills and related principles, | |
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739 | 1207 | ||
740 | 1208 | h. performing additional nursing procedures in accordance | |
741 | 1209 | with knowledge and skills acquired through education | |
742 | 1210 | beyond nursing preparation, and | |
743 | - | ||
744 | - | ||
745 | - | ENR. S. B. NO. 458 Page 18 | |
746 | 1211 | i. delegating those nursing tasks as defined in the rules | |
747 | 1212 | of the Board that may be performed by an advanced | |
748 | 1213 | unlicensed assistive person; | |
749 | - | ||
750 | 1214 | 5. "Advanced Practice Registered Nurse " means a licensed | |
751 | 1215 | Registered Nurse: | |
752 | - | ||
753 | 1216 | a. who has completed an advanced practice registered | |
754 | 1217 | nursing education program in preparation for one of | |
755 | 1218 | four recognized advanced practice registered nurse | |
756 | 1219 | Advanced Practice Registered Nurse roles, | |
757 | - | ||
758 | 1220 | b. who has passed a national certification examination | |
759 | 1221 | recognized by the Board that measures the advanced | |
760 | 1222 | practice registered nurse Advanced Practice Registered | |
761 | 1223 | Nurse role and specialty competencies and who | |
762 | 1224 | maintains recertification in the role and specialty | |
763 | 1225 | through a national certification program, | |
764 | - | ||
765 | 1226 | c. who has acquired advanced clinical knowledge and | |
766 | 1227 | skills in preparation for providing both direct and | |
767 | 1228 | indirect care to patients; however, the defining | |
768 | 1229 | factor for all Advanced Practice Registered Nurses is | |
769 | 1230 | that a significant compone nt of the education and | |
770 | 1231 | practice focuses on direct care of individuals, | |
771 | 1232 | ||
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772 | 1258 | d. whose practice builds on the competencies of | |
773 | 1259 | Registered Nurses by demonstrating a greater depth and | |
774 | 1260 | breadth of knowledge, a greater synthesis of data, and | |
775 | 1261 | increased complexity of sk ills and interventions, and | |
776 | - | ||
777 | 1262 | e. who has obtained a license as an Advanced Practice | |
778 | 1263 | Registered Nurse in one of the following roles: | |
779 | 1264 | Certified Registered Nurse Anesthetist, Certified | |
780 | 1265 | Nurse-Midwife, Clinical Nurse Specialist, or Certified | |
781 | 1266 | Nurse Practitioner. | |
782 | - | ||
783 | 1267 | Only those persons who hold a license to practice advanced | |
784 | 1268 | practice registered nursing in this state shall have the right to | |
785 | 1269 | use the title "Advanced Practice Registered Nurse" and to use the | |
786 | 1270 | abbreviation "APRN". Only those persons who have obtained a lice nse | |
787 | 1271 | in the following disciplines shall have the right to fulfill the | |
788 | - | ||
789 | - | ENR. S. B. NO. 458 Page 19 | |
790 | 1272 | roles and use the applicable titles: Certified Registered Nurse | |
791 | 1273 | Anesthetist and the abbreviation "CRNA", Certified Nurse-Midwife and | |
792 | 1274 | the abbreviation "CNM", Clinical Nurse Specialist and the | |
793 | 1275 | abbreviation "CNS", and Certified Nurse Practitioner and the | |
794 | 1276 | abbreviation "CNP". | |
795 | - | ||
796 | 1277 | It shall be unlawful for any person to assume the role or use | |
797 | 1278 | the title Advanced Practice Registered Nurse or use the abbreviation | |
798 | 1279 | "APRN" or use the respective specialty role titles and abbreviations | |
799 | 1280 | or to use any other titles or abbreviations that would reasonably | |
800 | 1281 | lead a person to believe the user is an Advanced Practice Registered | |
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801 | 1308 | Nurse, unless permitted by the Oklahoma Nursing Practice Act. Any | |
802 | 1309 | individual doing so shal l be guilty of a misdemeanor, which shall be | |
803 | 1310 | punishable, upon conviction, by imprisonment in the county jail for | |
804 | 1311 | not more than one (1) year or by a fine of not less than One Hundred | |
805 | 1312 | Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or | |
806 | 1313 | by both such imprisonment and fine for each offense; | |
807 | - | ||
808 | 1314 | 6. "Certified Nurse Practitioner" is means an Advanced Practice | |
809 | 1315 | Registered Nurse who performs in an expanded role in the delivery of | |
810 | 1316 | health care: | |
811 | - | ||
812 | 1317 | a. consistent with advanced educational preparation as a | |
813 | 1318 | Certified Nurse Practitioner in an area of specialty, | |
814 | - | ||
815 | 1319 | b. functions within the Certified Nurse Practitioner | |
816 | 1320 | scope of practice for the selected area of | |
817 | 1321 | specialization, and | |
818 | - | ||
819 | 1322 | c. is in accord with the standards for Certified Nurse | |
820 | 1323 | Practitioners as identified by the certifying body and | |
821 | 1324 | approved by the Board. | |
822 | - | ||
823 | 1325 | A Certified Nurse Practitioner shall be eligible, in accordance | |
824 | 1326 | with the scope of practice of the Certified Nurse Practitioner, to | |
825 | 1327 | obtain recognition as authorized by the Board to prescribe, as | |
826 | 1328 | defined by the rules promulgated by the Board pursuant to this | |
827 | 1329 | section and subject to the medical direction of a supervising | |
828 | 1330 | physician Section 567.4a of this title and Section 1 of this act. | |
829 | 1331 | This authorization shall not include dispensing drugs, but shall not | |
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830 | 1358 | preclude, subject to federal regulations, the receipt of, the | |
831 | 1359 | signing for, or the dispensing of professional samples to patients. | |
832 | - | ||
833 | - | ENR. S. B. NO. 458 Page 20 | |
834 | - | ||
835 | 1360 | The Certified Nurse Practitioner accepts responsibility, | |
836 | 1361 | accountability, and obligation to practice in accordance with usual | |
837 | 1362 | and customary advanced practice registered nursing standards and | |
838 | 1363 | functions as defined by the scope of practice/role definition | |
839 | 1364 | statements for the Certified Nurse Practitioner; | |
840 | - | ||
841 | 1365 | 7. a. "Clinical Nurse Specialist" is means an Advanced | |
842 | 1366 | Practice Registered Nurse who holds: | |
843 | - | ||
844 | 1367 | (1) a master's degree or higher in nursing with | |
845 | 1368 | clinical specialization preparation to function | |
846 | 1369 | in an expanded role, | |
847 | - | ||
848 | 1370 | (2) specialty certification from a national | |
849 | 1371 | certifying organization recognized by the Board, | |
850 | - | ||
851 | 1372 | (3) an Advanced Practice Registered Nurse licen se | |
852 | 1373 | from the Board, and | |
853 | - | ||
854 | 1374 | (4) any nurse holding a specialty certification as a | |
855 | 1375 | Clinical Nurse Specialist valid on January 1, | |
856 | 1376 | 1994, granted by a national certifying | |
857 | 1377 | organization recognized by the Board, shall be | |
858 | 1378 | deemed to be a Clinical Nurse Specialist under | |
859 | 1379 | the provisions of the Oklahoma Nursing Practice | |
860 | 1380 | Act. | |
861 | 1381 | ||
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862 | 1407 | b. In the expanded role, the Clinical Nurse Specialist | |
863 | 1408 | performs at an advanced practice level which shall | |
864 | 1409 | include, but not be limited to: | |
865 | - | ||
866 | 1410 | (1) practicing as an expert clinician in the | |
867 | 1411 | provision of direct n ursing care to a selected | |
868 | 1412 | population of patients or clients in any setting, | |
869 | 1413 | including private practice, | |
870 | - | ||
871 | 1414 | (2) managing the care of patients or clients with | |
872 | 1415 | complex nursing problems, | |
873 | - | ||
874 | - | ||
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876 | 1416 | (3) enhancing patient or client care by integrating | |
877 | 1417 | the competencies of clin ical practice, education, | |
878 | 1418 | consultation, and research, and | |
879 | - | ||
880 | 1419 | (4) referring patients or clients to other services. | |
881 | - | ||
882 | 1420 | c. A Clinical Nurse Specialist in accordance with the | |
883 | 1421 | scope of practice of such Clinical Nurse Specialist | |
884 | 1422 | shall be eligible to obtain recognition as authorized | |
885 | 1423 | by the Board to prescribe, as defined by the rules | |
886 | 1424 | promulgated by the Board pursuant to this section, and | |
887 | 1425 | subject to the medical direction of a supervising | |
888 | 1426 | physician Section 567.4a of this title and Section 1 | |
889 | 1427 | of this act. This authorization shall not include | |
890 | 1428 | dispensing drugs, but shall not preclude, subject to | |
891 | 1429 | federal regulations, the receipt of, the signing for, | |
892 | 1430 | or the dispensing of professional samples to patients. | |
893 | 1431 | ||
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894 | 1457 | d. The Clinical Nurse Specialist accepts responsibility, | |
895 | 1458 | accountability, and obligation to practice in | |
896 | 1459 | accordance with usual and customary advanced practice | |
897 | 1460 | nursing standards and functions as defined by the | |
898 | 1461 | scope of practice/role definition statements for the | |
899 | 1462 | Clinical Nurse Specialist; | |
900 | - | ||
901 | 1463 | 8. "Nurse-Midwife" is "Certified Nurse-Midwife" means a nurse | |
902 | 1464 | who has received an Advanced Practice Registered Nurse license from | |
903 | 1465 | the Oklahoma Board of Nursing who possesses evidence of | |
904 | 1466 | certification according to the requirements of the American College | |
905 | 1467 | of Nurse-Midwives. | |
906 | - | ||
907 | 1468 | A Certified Nurse-Midwife in accordance with the scope of | |
908 | 1469 | practice of such Certified Nurse-Midwife shall be eligible to obtain | |
909 | 1470 | recognition as authorized by the Board to prescribe, as defined by | |
910 | 1471 | the rules promulgated by the Board pursuant to this section and | |
911 | 1472 | subject to the medical direction of a supervising physician Section | |
912 | 1473 | 567.4a of this title and Section 1 of this act. This authorization | |
913 | 1474 | shall not include the dispensing of drugs, but shall not preclude, | |
914 | 1475 | subject to federal regulations, the receipt of, the sig ning for, or | |
915 | 1476 | the dispensing of professional samples to patients. | |
916 | - | ||
917 | - | ||
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919 | 1477 | The Certified Nurse-Midwife accepts responsibility, | |
920 | 1478 | accountability, and obligation to practice in accordance with usual | |
921 | 1479 | and customary advanced practice registered nursing standards and | |
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922 | 1506 | functions as defined by the scope of practice/role definition | |
923 | 1507 | statements for the Certified Nurse-Midwife; | |
924 | - | ||
925 | 1508 | 9. "Nurse-midwifery practice" means providing management of | |
926 | 1509 | care of normal newborns and women, antepartally, intrapartally, | |
927 | 1510 | postpartally and gynecologicall y, occurring within a health care | |
928 | 1511 | system which provides for medical consultation, medical management | |
929 | 1512 | or referral, and is in accord with the standards for nurse-midwifery | |
930 | 1513 | practice as defined by the American College of Nurse-Midwives; | |
931 | - | ||
932 | 1514 | 10. a. "Certified Registered Nurse Anestheti st" is an | |
933 | 1515 | Advanced Practice Registered Nurse who: | |
934 | - | ||
935 | 1516 | (1) is certified by the National Board of | |
936 | 1517 | Certification and Recertification for Nurse | |
937 | 1518 | Anesthetists as a Certified Registered Nurse | |
938 | 1519 | Anesthetist within one (1) year following | |
939 | 1520 | completion of an approved certified registered | |
940 | 1521 | nurse anesthetist Certified Registered Nurse | |
941 | 1522 | Anesthetist education program, and continues to | |
942 | 1523 | maintain such recertification by the National | |
943 | 1524 | Board of Certification and Recertification for | |
944 | 1525 | Nurse Anesthetists, and | |
945 | - | ||
946 | 1526 | (2) administers anesthesia in co llaboration with a | |
947 | 1527 | medical doctor, an osteopathic physician, a | |
948 | 1528 | podiatric physician or a dentist licensed in this | |
949 | 1529 | state and under conditions in which timely onsite | |
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950 | 1556 | consultation by such doctor, osteopath, podiatric | |
951 | 1557 | physician or dentist i s available. | |
952 | - | ||
953 | 1558 | b. A Certified Registered Nurse Anesthetist, in | |
954 | 1559 | collaboration with a medical doctor, osteopathic | |
955 | 1560 | physician, podiatric physician or dentist licensed in | |
956 | 1561 | this state, and under conditions in which timely, on- | |
957 | 1562 | site consultation by such medical docto r, osteopathic | |
958 | 1563 | physician, podiatric physician or dentist is | |
959 | 1564 | available, shall be authorized, pursuant to rules | |
960 | 1565 | adopted by the Oklahoma Board of Nursing, to order, | |
961 | - | ||
962 | - | ENR. S. B. NO. 458 Page 23 | |
963 | 1566 | select, obtain and administer legend drugs, Schedules | |
964 | 1567 | II through V controlled substances, devices, and | |
965 | 1568 | medical gases only when engaged in the preanesthetic | |
966 | 1569 | preparation and evaluation; anesthesia induction, | |
967 | 1570 | maintenance and emergence; and postanesthesia care. A | |
968 | 1571 | Certified Registered Nurse Anesthetist may order, | |
969 | 1572 | select, obtain and administer drugs only during the | |
970 | 1573 | perioperative or periobstetrical period. | |
971 | - | ||
972 | 1574 | c. A Certified Registered Nurse Anesthetist who applies | |
973 | 1575 | for authorization to order, select, obtain and | |
974 | 1576 | administer drugs shall: | |
975 | - | ||
976 | 1577 | (1) be currently recognized as a Certified Registered | |
977 | 1578 | Nurse Anesthetist in this state, | |
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979 | 1605 | (2) provide evidence of completion, within the two- | |
980 | 1606 | year period immediately preceding the date of | |
981 | 1607 | application, of a minimum of fifteen (15) units | |
982 | 1608 | of continuing education in advanced pharmacology | |
983 | 1609 | related to the administration of anesthesia as | |
984 | 1610 | recognized by the Nation al Board of Certification | |
985 | 1611 | and Recertification for Nurse Anesthetists, and | |
986 | - | ||
987 | 1612 | (3) complete and submit a notarized application, on a | |
988 | 1613 | form prescribed by the Board, accompanied by the | |
989 | 1614 | application fee established pursuant to this | |
990 | 1615 | section. | |
991 | - | ||
992 | 1616 | d. The authority to order , select, obtain and administer | |
993 | 1617 | drugs shall be terminated if a Certified Registered | |
994 | 1618 | Nurse Anesthetist has: | |
995 | - | ||
996 | 1619 | (1) ordered, selected, obtained or administered drugs | |
997 | 1620 | outside of the Certified Registered Nurse | |
998 | 1621 | Anesthetist scope of practice or ordered, | |
999 | 1622 | selected, obtained or administered drugs for | |
1000 | 1623 | other than therapeutic purposes, or | |
1001 | - | ||
1002 | 1624 | (2) violated any provision of state laws or rules or | |
1003 | 1625 | federal laws or regulations pertaining to the | |
1004 | - | ||
1005 | - | ENR. S. B. NO. 458 Page 24 | |
1006 | 1626 | practice of nursing or the authority to order, | |
1007 | 1627 | select, obtain and administer drugs. | |
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1008 | 1653 | ||
1009 | 1654 | e. The Oklahoma Board of Nursing shall notify the State | |
1010 | 1655 | Board of Pharmacy after termination of or a change in | |
1011 | 1656 | the authority to order, select, obtain and administer | |
1012 | 1657 | drugs for a Certified Registered Nurse Anesthetist. | |
1013 | - | ||
1014 | 1658 | f. The Board shall provide by rule for biennial | |
1015 | 1659 | application renewal and reauthorization of authority | |
1016 | 1660 | to order, select, obtain and administer drugs for | |
1017 | 1661 | Certified Registered Nurse Anesthetists. At the time | |
1018 | 1662 | of application renewal, a Certified Registered Nurse | |
1019 | 1663 | Anesthetist shall submit documentation of a min imum of | |
1020 | 1664 | eight (8) units of continuing education, completed | |
1021 | 1665 | during the previous two (2) years, in advanced | |
1022 | 1666 | pharmacology relating to the administration of | |
1023 | 1667 | anesthesia, as recognized by the Council on | |
1024 | 1668 | Recertification of Nurse Anesthetists or the Council | |
1025 | 1669 | on Certification of Nurse Anesthetists National Board | |
1026 | 1670 | of Certification and Recertification for Nurse | |
1027 | 1671 | Anesthetists. | |
1028 | - | ||
1029 | 1672 | g. This paragraph shall not prohibit the administration | |
1030 | 1673 | of local or topical anesthetics as now permitted by | |
1031 | 1674 | law. Provided further , nothing in this paragraph | |
1032 | 1675 | shall limit the authority of the Board of Dentistry to | |
1033 | 1676 | establish the qualifications for dentists who direct | |
1034 | 1677 | the administration of anesthesia. | |
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1035 | 1703 | ||
1036 | 1704 | h. As used in this parag raph, "collaboration" means an | |
1037 | 1705 | agreement between a medical doc tor, osteopathic | |
1038 | 1706 | physician, podiatric physician or dentist performing | |
1039 | 1707 | the procedure or directly involved with the procedure | |
1040 | 1708 | and the Certified Registered Nurse Anesthetist working | |
1041 | 1709 | jointly toward a common goal providing services for | |
1042 | 1710 | the same patient. This c ollaboration involves the | |
1043 | 1711 | joint formulation, discussion and agreement of the | |
1044 | 1712 | anesthesia plan by both parties, and the collaborating | |
1045 | 1713 | medical doctor, osteopathic physician, podiatric | |
1046 | 1714 | physician or dentist performing the procedure or | |
1047 | 1715 | directly involved with the procedure and that | |
1048 | - | ||
1049 | - | ENR. S. B. NO. 458 Page 25 | |
1050 | 1716 | collaborating physician shall remain available for | |
1051 | 1717 | timely onsite consultation during the delivery of | |
1052 | 1718 | anesthesia for diagnosis, consultation, and treatment | |
1053 | 1719 | of medical conditions; | |
1054 | - | ||
1055 | 1720 | 11. "Supervising physician" means an individual holding a | |
1056 | 1721 | current license to practice as a physician from the State Board of | |
1057 | 1722 | Medical Licensure and Supervision or the State Board of Osteopathic | |
1058 | 1723 | Examiners, who supervises a Certified Nurse Practitioner , a Clinical | |
1059 | 1724 | Nurse Specialist, or a Certified Nurse-Midwife who has not obtained | |
1060 | 1725 | independent prescriptive authority under Section 1 of this act, and | |
1061 | 1726 | who is not in training as an intern, resident, or fellow. To be | |
1062 | 1727 | eligible to supervise such Advanced Practice Regi stered Nurse, such | |
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1063 | 1754 | The supervising physician shall remain in compliance with the rules | |
1064 | 1755 | promulgated by the State Board of Medical Licensure and Supervision | |
1065 | 1756 | or the State Board of Osteopathic Examiners; | |
1066 | - | ||
1067 | 1757 | 12. "Supervision of an Advanced Practice Registered Nurse with | |
1068 | 1758 | prescriptive authority" means overseeing and accepting | |
1069 | 1759 | responsibility for the ordering and transmission by a Certified | |
1070 | 1760 | Nurse Practitioner, a Clinical Nurse Specialist, or a Certified | |
1071 | 1761 | Nurse-Midwife who has not obtained independent prescriptive | |
1072 | 1762 | authority under Section 1 of this act of written, telephonic, | |
1073 | 1763 | electronic or oral prescriptions for drugs and other medical | |
1074 | 1764 | supplies, subject to a defined formulary; and | |
1075 | - | ||
1076 | 1765 | 13. "Advanced Unlicensed Assistant" means any person who has | |
1077 | 1766 | successfully completed a certified training program approved by the | |
1078 | 1767 | Board that trains the Advanced Unlicensed Assistant to perform | |
1079 | 1768 | specified technical skills identified by the Board in acute care | |
1080 | 1769 | settings under the direction and supervision of the Registered Nurse | |
1081 | 1770 | or Licensed Practical Nurse. | |
1082 | - | ||
1083 | 1771 | SECTION 7. AMENDATORY 59 O.S. 2021, Section 567.4a, is | |
1084 | 1772 | amended to read as follows: | |
1085 | - | ||
1086 | - | Section 567.4a. The Oklahoma Board of Nursing may grant | |
1773 | + | Section 567.4a The Oklahoma Board of Nursing may grant | |
1087 | 1774 | prescriptive authority through the Advanced Practice Registered | |
1088 | 1775 | Nurse license to Certified Nurse Practitioners, Clinical Nurse | |
1089 | 1776 | Specialists, and Certified Nurse-Midwives who meet the requirements | |
1090 | 1777 | for prescriptive authority identified by law and in the Board's | |
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1091 | 1804 | rules. The rules regarding prescriptive authority recognition | |
1092 | - | ||
1093 | - | ENR. S. B. NO. 458 Page 26 | |
1094 | 1805 | promulgated by the Oklahoma Board of Nursing pursuant to paragraphs | |
1095 | 1806 | 6 through 9, 11 and 12 of this section, Section 567.3a of this | |
1096 | 1807 | title, and Section 1 of this act shall: | |
1097 | - | ||
1098 | 1808 | 1. Define the procedure for documenting supervision by a | |
1099 | 1809 | supervising physician licensed in Oklahoma to practice by the State | |
1100 | 1810 | Board of Medical Licensure and Supervision or the State Board of | |
1101 | 1811 | Osteopathic Examiners as defined in Section 567.3a of this title of | |
1102 | 1812 | a Certified Nurse Practitioner, Clinical Nurse Specialist, or | |
1103 | 1813 | Certified Nurse-Midwife who has not obtained independent | |
1104 | 1814 | prescriptive authority under Section 1 of this act. Such procedure | |
1105 | 1815 | shall include a written statement that defines appropriate referral, | |
1106 | 1816 | consultation, and collaboration between the Advanced Practice | |
1107 | 1817 | Registered Nurse, recogni zed to prescribe as defined in paragraphs 6 | |
1108 | 1818 | through 9, 11 and 12 of Section 567.3a of this title, and the | |
1109 | 1819 | supervising physician. The written statement shall include a method | |
1110 | 1820 | of assuring availability of the supervising physician through direct | |
1111 | 1821 | contact, telecommunications or other appropriate electronic means | |
1112 | 1822 | for consultation, assistance with medical emergencies, or patient | |
1113 | 1823 | referral. The written statement shall be part of the initial | |
1114 | 1824 | application and the renewal application submitted to the Board for | |
1115 | 1825 | recognition for prescriptive authority for the Advanced Practice | |
1116 | 1826 | Registered Nurse. Changes to the written statement shall be filed | |
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1117 | 1853 | with the Board within thirty (30) days of the change and shall be | |
1118 | 1854 | effective on filing; | |
1119 | - | ||
1120 | 1855 | 2. Define the procedure for documenting independent | |
1121 | 1856 | prescriptive authority for Certified Nurse Practitioners, Clinical | |
1122 | 1857 | Nurse Specialists, and Certified Nurse-Midwives who have obtained | |
1123 | 1858 | independent prescriptive authori ty under Section 1 of this act; | |
1124 | - | ||
1125 | 1859 | 3. Define minimal requirements for initial application for | |
1126 | 1860 | prescriptive authority which shall include, but not be limited to, | |
1127 | 1861 | evidence of completion of a minimum of forty-five (45) contact hours | |
1128 | 1862 | or three (3) academic credit hours of education in | |
1129 | 1863 | pharmacotherapeutics, clinical application, and use of | |
1130 | 1864 | pharmacological agents in the prevention of illness, and in the | |
1131 | 1865 | restoration and maintenance of health in a program beyond basic | |
1132 | 1866 | registered nurse preparation, approved by the Board. Such contact | |
1133 | 1867 | hours or academic credits shall be obtained within a time period of | |
1134 | 1868 | three (3) years immediately preceding the date of application for | |
1135 | 1869 | prescriptive authority ; | |
1136 | - | ||
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1138 | - | ||
1139 | 1870 | 3. 4. Define minimal requirements for application for renewal | |
1140 | 1871 | of prescriptive authority which shall include, but not be limited | |
1141 | 1872 | to, documentation of a minimum of: | |
1142 | - | ||
1143 | 1873 | a. fifteen (15) contact hours or one (1) academic credit | |
1144 | 1874 | hour of education in pharmacother apeutics, clinical | |
1145 | 1875 | application, and use of pharmacological agents in the | |
1146 | 1876 | prevention of illness, and in the restoration and | |
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1147 | 1903 | maintenance of health in a program beyond basic | |
1148 | 1904 | registered nurse preparation, and | |
1149 | - | ||
1150 | 1905 | b. two (2) hours of education in pain management or two | |
1151 | 1906 | (2) hours of education in opioid use or addiction, | |
1152 | 1907 | unless the Advanced Practice Registered Nurse has | |
1153 | 1908 | demonstrated to the satisfaction of the Board that the | |
1154 | 1909 | Advanced Practice Registered Nurse does not currently | |
1155 | 1910 | hold a valid federal Drug Enforcement Adm inistration | |
1156 | 1911 | registration number, | |
1157 | - | ||
1158 | 1912 | approved by the Board, within the two-year period immediately | |
1159 | 1913 | preceding the effective date of application for renewal of | |
1160 | 1914 | prescriptive authority; | |
1161 | - | ||
1162 | 1915 | 4. 5. Require that beginning July 1, 2002, an Advanced Practice | |
1163 | 1916 | Registered Nurse shall demonstrate demonstrates successful | |
1164 | 1917 | completion of a master's degree or higher in a clinical nurse | |
1165 | 1918 | specialty one of the following Advanced Practice Registered Nurse | |
1166 | 1919 | roles: | |
1167 | - | ||
1168 | 1920 | a. Certified Nurse Practitioner, | |
1169 | - | ||
1170 | 1921 | b. Clinical Nurse Specialist, or | |
1171 | - | ||
1172 | 1922 | c. Certified Nurse-Midwife, | |
1173 | - | ||
1174 | 1923 | in order to be eligible for initial application for prescriptive | |
1175 | 1924 | authority under the provisions of the Oklahoma Nursing Practice Act; | |
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1176 | 1950 | ||
1177 | 1951 | 5. 6. Define the method for communicating authority to | |
1178 | 1952 | prescribe or termination of same, and the formulary to the State | |
1179 | 1953 | Board of Pharmacy, all pharmacies, and all registered pharmacists ; | |
1180 | - | ||
1181 | - | ENR. S. B. NO. 458 Page 28 | |
1182 | - | ||
1183 | 1954 | 6. 7. Define terminology used in such rules; | |
1184 | - | ||
1185 | 1955 | 7. 8. Define the parameters for the prescribing practices of | |
1186 | 1956 | the Advanced Practice Re gistered Nurse; | |
1187 | - | ||
1188 | 1957 | 8. 9. Define the methods for termination of prescriptive | |
1189 | 1958 | authority for the Advanced Practice Registered N urse; and | |
1959 | + | 9. 10. a. Establish a Formulary Advisory Council that shall | |
1960 | + | develop and submit to the Board recommendations for an | |
1961 | + | exclusionary formulary that shall list drugs or | |
1962 | + | categories of drugs that shall not be prescribed by an | |
1963 | + | Advanced Practice Registere d Nurse recognized to | |
1964 | + | prescribe by the Oklahoma Board of Nursing. The | |
1965 | + | Formulary Advisory Council shall also develop and | |
1966 | + | submit to the Board recommendations for practice- | |
1967 | + | specific prescriptive standards for each category of | |
1968 | + | Advanced Practice Registered Nurs e recognized to | |
1969 | + | prescribe by the Oklahoma Board of Nursing pursuant to | |
1970 | + | the provisions of the Oklahoma Nursing Practice Act. | |
1971 | + | The Board shall either accept or reject the | |
1972 | + | recommendations made by the Council. No amendments to | |
1973 | + | the recommended exclusionary for mulary may be made by | |
1974 | + | ||
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2000 | + | the Board without the approval of the Formulary | |
2001 | + | Advisory Council. | |
2002 | + | b. The Formulary Advisory Council shall be compos ed of | |
2003 | + | twelve (12) members as follo ws: | |
2004 | + | (1) four members, to include a pediatrician, an | |
2005 | + | obstetrician-gynecological physic ian, a general | |
2006 | + | internist, and a family practice physician; | |
2007 | + | provided, that three of such members shall be | |
2008 | + | appointed by the Oklahoma State M edical | |
2009 | + | Association, and one shall be appointed by the | |
2010 | + | Oklahoma Osteopathic Association, | |
2011 | + | (2) four members who are regis tered pharmacists, | |
2012 | + | appointed by the Oklahoma Pharmaceutical | |
2013 | + | Association, and | |
2014 | + | (3) four members, one of whom shall be a Certified | |
2015 | + | Nurse Practitioner, one of whom shall be a | |
2016 | + | Clinical Nurse Specialist, one of whom shall be a | |
2017 | + | Certified Nurse-Midwife, and one of whom shall be | |
2018 | + | a current member of the Oklahoma Board of | |
2019 | + | Nursing, all of whom shall be appointed by the | |
2020 | + | Oklahoma Board of Nursing. | |
2021 | + | c. All professional members of the Formul ary Advisory | |
2022 | + | Council shall be in active clinical practice, at least | |
2023 | + | fifty percent (50%) of the time, within their defined | |
2024 | + | ||
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2050 | + | area of specialty. The members of the Formulary | |
2051 | + | Advisory Council shall serve at the pleasure of the | |
2052 | + | appointing authority for a term o f three (3) years. | |
2053 | + | The terms of the members shall be staggered. Members | |
2054 | + | of the Council may serve beyond the expiration of | |
2055 | + | their term of office until a successor is appointed by | |
2056 | + | the original appointing authority. A vacan cy on the | |
2057 | + | Council shall be filled for the balance of the | |
2058 | + | unexpired term by the original appointing authority. | |
2059 | + | d. Members of the Council shall elect a chair and a vice- | |
2060 | + | chair vice chair from among the membership of the | |
2061 | + | Council. For the transaction of business, at leas t | |
2062 | + | seven members, with a minimum of two members present | |
2063 | + | from each of the identified categories of physicians, | |
2064 | + | pharmacists and advanced practice registered nurses | |
2065 | + | Advanced Practice Registered Nurses, shall constitute | |
2066 | + | a quorum. The Council shall recommend an d the Board | |
2067 | + | shall approve and implement an initial exclusionary | |
2068 | + | formulary on or before January 1, 1997. The Council | |
2069 | + | and the Board shall annually review the approved | |
2070 | + | exclusionary formulary and shall make any necessary | |
2071 | + | revisions utilizing the same procedure s used to | |
2072 | + | develop the initial exclusionary formulary. | |
2073 | + | ||
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2099 | + | SECTION 8. AMENDATORY 59 O.S. 2021, Section 567.5a, is | |
2100 | + | amended to read as follows: | |
2101 | + | Section 567.5a A. All applicants for a license to practice as | |
2102 | + | an Advanced Practice Registered Nurse shall be subject to Section | |
2103 | + | 567.8 of this title. | |
2104 | + | B. An applicant for an initial license to practice as an | |
2105 | + | Advanced Practice Registered Nurse shall: | |
2106 | + | 1. Submit a completed written application and appropriate fees | |
2107 | + | as established by the Oklahoma Board of Nursing; | |
2108 | + | 2. Submit a criminal history records check that complies with | |
2109 | + | Section 567.18 of this title; | |
2110 | + | 3. Hold a current Registered Nurse license in this state; | |
2111 | + | 4. Have completed an advanced practice registered nursing | |
2112 | + | education program in one of the four advanced practice registered | |
2113 | + | nurse Advanced Practice Registered Nurse roles and a specialty area | |
2114 | + | recognized by the Board. Effective January 1, 2016, the applicant | |
2115 | + | shall have completed an accredited graduate level advanced practice | |
2116 | + | registered nursing education program in at least one of the | |
2117 | + | following population foci: family/individual across the lifespan, | |
2118 | + | adult-gerontology, neonatal, pediatrics, women's health/gender- | |
2119 | + | related, or psychiatric/mental health; | |
2120 | + | 5. Be currently certified in an advanced practice specialty | |
2121 | + | certification consistent with educational preparation and by a | |
2122 | + | national certifying body recognized by the Board; and | |
2123 | + | ||
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2148 | + | ||
2149 | + | 6. Provide any and all other evidence as required by the Board | |
2150 | + | in its rules. | |
2151 | + | C. The Board may issue a license by endorsement to an Advanced | |
2152 | + | Practice Registered Nurse licensed under the laws of another state | |
2153 | + | if the applicant meets the qualifications for licensure in this | |
2154 | + | state. An applicant by endorsement shall: | |
2155 | + | 1. Submit a completed written application and appr opriate fees | |
2156 | + | as established by the B oard; | |
2157 | + | 2. Hold a current Registered Nurse license in this state; | |
2158 | + | 3. Hold recognition as an Advanced Practice Registered Nurse in | |
2159 | + | a state or territory; | |
2160 | + | 4. Have completed an advanced practice registered nursing | |
2161 | + | education program in one of the four roles an d a specialty area | |
2162 | + | recognized by the Board. Effective January 1, 2016, the applicant | |
2163 | + | shall have completed an accredited graduate level advanced practice | |
2164 | + | registered nursing education program in at least one of the | |
2165 | + | following population foci: family/individ ual across the lifespan, | |
2166 | + | adult-gerontology, neonatal, pediatrics, women's health/gender- | |
2167 | + | related, or psychiatric/mental health; | |
2168 | + | 5. Be currently certified in an advanced practice specialty | |
2169 | + | certification consistent with ed ucational preparation and by a | |
2170 | + | national certifying body recognized by the Board; | |
2171 | + | 6. Meet continued competency requirements as set forth in Board | |
2172 | + | rules; and | |
2173 | + | ||
2174 | + | ENGR. H. A. to ENGR. S. B. NO. 458 Page 44 1 | |
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2198 | + | ||
2199 | + | 7. Provide any and all other evidence as required by the Board | |
2200 | + | in its rules. | |
2201 | + | D. The Board may iss ue prescriptive authority recognitio n by | |
2202 | + | endorsement to an Advanced Practice Registered Nurse licensed as an | |
2203 | + | APRN-CNP, APRN-CNS, or APRN-CNM under the laws of another state if | |
2204 | + | the applicant meets the requirements set forth in this section. An | |
2205 | + | applicant for prescriptive authority recognition by endorsement | |
2206 | + | shall: | |
2207 | + | 1. Submit a completed written application and appropriate fees | |
2208 | + | as established by the Board; | |
2209 | + | 2. Hold current Registered Nurse and Advanced Practice | |
2210 | + | Registered Nurse licenses (APRN-CNP, APRN-CNS, or APRN-CNM) in the | |
2211 | + | state; | |
2212 | + | 3. Hold current licensure or recognition as an Advanced | |
2213 | + | Practice Registered Nurse in the same role and specialty with | |
2214 | + | prescribing privileges in another state or territory; | |
2215 | + | 4. Submit documentation verifying successful completion of a | |
2216 | + | graduate level advanced practic e registered nursing education | |
2217 | + | program that included an academic course in pharmacotherapeutic | |
2218 | + | management, and didactic and clinical preparation for prescribing | |
2219 | + | incorporated throughout the program; | |
2220 | + | 5. Submit a written statement from an Oklahoma licensed | |
2221 | + | physician supervising prescriptive authority as required by the | |
2222 | + | Board in its rules, or submit documentation that the applicant meets | |
2223 | + | ||
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2249 | + | the requirements for independent prescriptive authority under | |
2250 | + | Section 1 of this act; | |
2251 | + | 6. Meet continued competency requirements as set forth in Board | |
2252 | + | rules; and | |
2253 | + | 7. Provide any and all other evidence as required by the Board | |
2254 | + | in its rules. | |
2255 | + | E. An Advanced Practice Registered Nurse license issued under | |
2256 | + | this section shall be renewed concurrently with the regis tered nurse | |
2257 | + | license, provided that qualifying criteria continue to be met. | |
2258 | + | F. The Board may reinstate a license as set forth in Boa rd | |
2259 | + | rules. | |
2260 | + | SECTION 9. AMENDATORY 63 O.S. 2021, Section 2-312, as | |
2261 | + | amended by Section 2, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2023, | |
2262 | + | Section 2-312), is amended to read as follows: | |
2263 | + | Section 2-312. A. A physician, podiatrist, optometrist or a | |
2264 | + | dentist who has complied with the registration requirements of the | |
2265 | + | Uniform Controlled Dangerous Substances Act, in good faith and in | |
2266 | + | the course of such person's professional practice only, may | |
2267 | + | prescribe and administer controlled dangerous substances, or may | |
2268 | + | cause the same to be administered by medical or paramedical | |
2269 | + | personnel acting under the direction and supervision of the | |
2270 | + | physician, podiatrist, optometrist or dentist, and only may dispense | |
2271 | + | controlled dangerous substances pursuant to the provisions of | |
2272 | + | Sections 355.1 and 355.2 of Title 59 of the Oklahoma Statutes. | |
2273 | + | ||
2274 | + | ENGR. H. A. to ENGR. S. B. NO. 458 Page 46 1 | |
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2298 | + | ||
2299 | + | B. A veterinarian who has complied with the registration | |
2300 | + | requirements of the Uniform Controlled Dangerous Substances Act, in | |
2301 | + | good faith and in the course of the professional practice of the | |
2302 | + | veterinarian only, and not for use by a human being, may prescribe, | |
2303 | + | administer, and dispense controlled dangerous substances and may | |
2304 | + | cause them to be administered by an assistant or orderly under the | |
2305 | + | direction and supervision of the veterinarian. | |
2306 | + | C. 1. An advanced practice nurse Advanced Practice Registered | |
2307 | + | Nurse who is recognized to prescribe by the Oklahoma Board of | |
2308 | + | Nursing as an advanced registered nurse practitioner, clinical nurse | |
2309 | + | specialist or certified nurse-midwife, a Certified Nurse | |
2310 | + | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife | |
2311 | + | but who has not obtained independent prescriptive authority under | |
2312 | + | Section 1 of this act and therefore is subject to medical direction | |
2313 | + | by a supervising physician, pursuant to Section 567.3a of Title 59 | |
2314 | + | of the Oklahoma Statutes, and who has complied with the registration | |
2315 | + | requirements of the Uniform Controlled Dange rous Substances Act, in | |
2316 | + | good faith and in the course of professional practice only, may | |
2317 | + | prescribe and administer Schedule III, IV and V controlled dangerous | |
2318 | + | substances. | |
2319 | + | 2. An Advanced Practice Registered Nurse who is recognized to | |
2320 | + | prescribe by the Okla homa Board of Nursing as a Certified Nurse | |
2321 | + | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife | |
2322 | + | who has obtained independent prescriptive authority under Section 1 | |
2323 | + | ||
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2349 | + | of this act, and who has complied with the registration requirements | |
2350 | + | of the Uniform Controlled Dangerous Substances Act, in good faith | |
2351 | + | and in the course of professional practice only, may prescribe and | |
2352 | + | administer Schedule III, IV, and V controlled dangerous substances. | |
2353 | + | D. An advanced practice nurse Advanced Practice Registered | |
2354 | + | Nurse who is recognized to order, select, obtain and administer | |
2355 | + | drugs by the Oklahoma Board of Nursing as a certified registered | |
2356 | + | nurse anesthetist Certified Registered Nurse Anesthetist pursuant to | |
2357 | + | Section 353.1b of Title 59 of the Oklahoma Statutes and who has | |
2358 | + | complied with the registration requirements of the Uniform | |
2359 | + | Controlled Dangerous Substances Act, in good faith and in the course | |
2360 | + | of such practitioner's professional practice only, may order, | |
2361 | + | select, obtain and administer Schedules II through V controlled | |
2362 | + | dangerous substances in a preanesthetic preparation or evaluation; | |
2363 | + | anesthesia induction, maintenance or emergence; or postanesthesia | |
2364 | + | care setting only. A certified registered nurse anestheti st | |
2365 | + | Certified Registered Nurse Anesthetist may order, select, obtain and | |
2366 | + | administer such drugs only during the perioperative or | |
2367 | + | periobstetrical period. | |
2368 | + | E. A physician assistant who is recognized to prescribe by the | |
2369 | + | State Board of Medical Licensure and Supe rvision under the medical | |
2370 | + | direction of a supervising physician, pursuant to Section 519.6 of | |
2371 | + | Title 59 of the Oklahoma Statutes, and who has complied with the | |
2372 | + | registration requirements of the Uniform Controlled Dangerous | |
2373 | + | ||
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2399 | + | Substances Act, in good faith and in the course of professional | |
2400 | + | practice only, may prescribe and administe r Schedule II through V | |
2401 | + | controlled dangerous substances. | |
2402 | + | SECTION 10. It being immediately necessary for the preservation | |
2403 | + | of the public peace, health or safety, an emergency is hereby | |
2404 | + | declared to exist, by reason whereof this act shall take effect and | |
2405 | + | be in full force from and after its passage and approval." | |
2406 | + | Passed the House of Representatives the 13th day of February, | |
2407 | + | 2024. | |
2408 | + | ||
2409 | + | ||
2410 | + | ||
2411 | + | ||
2412 | + | ||
2413 | + | Presiding Officer of the House of | |
2414 | + | Representatives | |
2415 | + | ||
2416 | + | ||
2417 | + | Passed the Senate the ____ day of __________, 2024. | |
2418 | + | ||
2419 | + | ||
2420 | + | ||
2421 | + | ||
2422 | + | ||
2423 | + | Presiding Officer of the Senate | |
2424 | + | ||
2425 | + | ||
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2451 | + | ENGROSSED SENATE | |
2452 | + | BILL NO. 458 By: Stanley, Green, Hamilton, | |
2453 | + | Young, Murdock, Coleman, | |
2454 | + | Rogers, Daniels, Paxton, | |
2455 | + | and Dahm of the Senate | |
2456 | + | ||
2457 | + | and | |
2458 | + | ||
2459 | + | McEntire of the House | |
2460 | + | ||
2461 | + | ||
2462 | + | ||
2463 | + | [ nursing - prescriptive authority – application - | |
2464 | + | supervision - controlled dangerous substances - | |
2465 | + | supervision requirement – codification - effective | |
2466 | + | date ] | |
2467 | + | ||
2468 | + | ||
2469 | + | ||
2470 | + | ||
2471 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
2472 | + | SECTION 11. NEW LAW A new section of law to be codified | |
2473 | + | in the Oklahoma Statutes as Sect ion 567.4c of Title 59, unless there | |
2474 | + | is created a duplication in numbering, reads as follows: | |
2475 | + | A. 1. An Advanced Practice Registered Nurse recognized by the | |
2476 | + | Oklahoma Board of Nursing as a Certified Nurse Practitioner, | |
2477 | + | Clinical Nurse Specialist , or Certified Nurse-Midwife who has | |
2478 | + | completed a minimum of six thousand two hundred forty (6,240) hours | |
2479 | + | of practice with prescriptive authority supervised by a physician or | |
2480 | + | a supervising Advanced Practice Registered Nurse may apply to the | |
2481 | + | Oklahoma Board of Nursing for authority to prescribe and order | |
2482 | + | independent of supervision. This paragraph shall not be construed | |
2483 | + | to exclude practice hours with supervised prescriptive authority | |
2484 | + | ||
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2510 | + | obtained prior to the eff ective date of this act from being counted | |
2511 | + | toward the two-thousand-hour requirement of this paragraph. | |
2512 | + | 2. The application for independent prescriptive authority shall | |
2513 | + | include proof that the Certified Nurse Practitioner , Clinical Nurse | |
2514 | + | Specialist, or Certified Nurse -Midwife: | |
2515 | + | a. holds a valid, current license in the appropriate | |
2516 | + | Advanced Practice Registered Nurse role issued by the | |
2517 | + | Board and is in good standing with the Board, and | |
2518 | + | b. has completed a minimum of two thousand (2,000) hours | |
2519 | + | of practice with prescriptive authority supervised by | |
2520 | + | a physician or supervising Advanced Practice | |
2521 | + | Registered Nurse. | |
2522 | + | 3. Independent prescriptive authority granted under this | |
2523 | + | subsection shall be valid until the expiration of the cu rrent | |
2524 | + | license to practice and may be r enewed upon application to the Board | |
2525 | + | at the same time and for the same period as the renewal of the | |
2526 | + | license to practice. | |
2527 | + | B. 1. A Certified Nurse Practitioner, Clinical Nurse | |
2528 | + | Specialist, or Certified Nurse-Midwife who has obtained independent | |
2529 | + | prescriptive authority under subsection A of this section and who | |
2530 | + | has completed a minimum of eight thousand (8,000) hours of practice | |
2531 | + | with independent prescriptive authority may serve as a supervising | |
2532 | + | Advanced Practice Registered Nurse. | |
2533 | + | ||
2534 | + | ENGR. S. B. NO. 458 Page 3 1 | |
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2559 | + | 2. Notwithstanding paragraph 1 of this subsection , an Advanced | |
2560 | + | Practice Registered Nurse who has been licensed and in practice for | |
2561 | + | a minimum of five (5) years as of the effective date of this act | |
2562 | + | without a lapse of work , upon obtainment of independent prescri ptive | |
2563 | + | authority under subsection A of this sec tion, may serve as a | |
2564 | + | supervising Advanced Practice Registered Nurse. | |
2565 | + | 3. The Board may at its discretion prescribe by rule additional | |
2566 | + | qualifications for supervising Advanced Practice Registered Nurses | |
2567 | + | including, but not limited to, qualifications pertaining to the | |
2568 | + | Advanced Practice Registered Nurse role or specialty. | |
2569 | + | C. The Board shall review any application submitted under this | |
2570 | + | section and shall approve or deny the application, stating the | |
2571 | + | reason or reasons for denial, if denied. If denied, the applicant | |
2572 | + | may reapply using the process prescribed b y subsection A of this | |
2573 | + | section. | |
2574 | + | D. The Board may suspend or revoke independent prescriptive | |
2575 | + | authority granted under this section for good cause at any time. | |
2576 | + | E. The Board may establish a fee for the review of initial and | |
2577 | + | renewal applications under the pro visions of this section. | |
2578 | + | SECTION 12. NEW LAW A new section of law to be codified | |
2579 | + | in the Oklahoma Statutes as Section 355.5 of Title 59, unless there | |
2580 | + | is created a duplication in numbering, re ads as follows: | |
2581 | + | A. A licensed practitioner, or the em ployer of the licensed | |
2582 | + | practitioner on his or her behalf, shall carry malpra ctice insurance | |
2583 | + | ||
2584 | + | ENGR. S. B. NO. 458 Page 4 1 | |
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2608 | + | ||
2609 | + | or demonstrate proof of financial responsibility in a minimum amount | |
2610 | + | of One Million Dollars ($1,000,000.00) pe r occurrence and Three | |
2611 | + | Million Dollars ($3,000,000.00) in the aggregate per year. | |
2612 | + | B. A licensed practitioner who is employed by o r under contract | |
2613 | + | with a federal agency that carries malpractice insurance in any | |
2614 | + | amount on behalf of the licensed practitioner shall be deemed in | |
2615 | + | compliance with subsection A of th is section when practicing under | |
2616 | + | such federal employment or contract. Howev er, to the extent the | |
2617 | + | licensed practitioner practices outside of such federal employment | |
2618 | + | or contract, the licensed practitione r, or the employer of the | |
2619 | + | licensed practitioner, shall comply with subsection A of this | |
2620 | + | section. | |
2621 | + | SECTION 13. AMENDATORY 59 O.S. 2021, Section 353.1, as | |
2622 | + | amended by Section 6, Chap ter 288, O.S.L. 2022 (59 O.S. Supp. 2022, | |
2623 | + | Section 353.1), is amended to r ead as follows: | |
2624 | + | Section 353.1. For the purposes of the Oklahoma Pharmacy Act: | |
2625 | + | 1. “Accredited program” means those seminars, classes, | |
2626 | + | meetings, work projects, and other educational courses approved by | |
2627 | + | the Board State Board of Pharmacy for purposes of continuing | |
2628 | + | professional education; | |
2629 | + | 2. “Act” means the Oklahoma Pharmacy Act; | |
2630 | + | 3. “Administer” means the direct applicati on of a drug, whether | |
2631 | + | by injection, inhalation, ingestion or any other means, to the body | |
2632 | + | of a patient; | |
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2658 | + | ||
2659 | + | 4. “Assistant pharmacist” means any person presently licen sed | |
2660 | + | as an assistant pharmacist in the State of Oklahom a this state by | |
2661 | + | the Board pursuant to S ection 353.10 of this title and for the | |
2662 | + | purposes of the Oklahoma Pharmacy Act shal l be considered the same | |
2663 | + | as a pharmacist, except where otherwise specified; | |
2664 | + | 5. “Board” or “State Board” means the State Board of Pharmacy; | |
2665 | + | 6. “Certify” or “certification of a prescription” means the | |
2666 | + | review of a filled prescription by a licensed pharmac ist or a | |
2667 | + | licensed practitioner with dispensing authority to confirm that the | |
2668 | + | medication, labeling and packaging of the filled prescription are | |
2669 | + | accurate and meet all requirement s prescribed by state and feder al | |
2670 | + | law. For the purposes of this paragraph, “licensed practitioner” | |
2671 | + | shall not include optometrists with dispensing authority; | |
2672 | + | 7. “Chemical” means any medicinal substance, whether simple or | |
2673 | + | compound or obtained through the p rocess of the science and art o f | |
2674 | + | chemistry, whether of organic or inorganic ori gin; | |
2675 | + | 8. “Compounding” means the combining, admixing, mixing, | |
2676 | + | diluting, pooling, reconstitutin g or otherwise altering of a drug or | |
2677 | + | bulk drug substance to create a drug. Compounding includes the | |
2678 | + | preparation of drugs or devices in anticipation of prescript ion drug | |
2679 | + | orders based on routine, regularly observed prescribing patterns; | |
2680 | + | 9. “Continuing professional education” means professional, | |
2681 | + | pharmaceutical education in the general are as of the socioeconomic | |
2682 | + | and legal aspects of health care; the properties and actions of | |
2683 | + | ||
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2708 | + | ||
2709 | + | drugs and dosage forms; and the etiology, characteristics and | |
2710 | + | therapeutics of the dis eased state; | |
2711 | + | 10. “Dangerous drug”, “legend drug”, “prescription drug” or “Rx | |
2712 | + | Only” means a drug: | |
2713 | + | a. for human use subject to 21 U.S.C. 353(b)(1), or | |
2714 | + | b. is labeled “Prescription Only”, or labeled with the | |
2715 | + | following statement: “Caution: Federal law restricts | |
2716 | + | this drug except for to use by or on the order of a | |
2717 | + | licensed veterinarian.”; | |
2718 | + | 11. “Director” means the Executive Director of the State Board | |
2719 | + | of Pharmacy unless context clearly indicates otherwise; | |
2720 | + | 12. “Dispense” or “dispensing” means the interpretation, | |
2721 | + | evaluation, and implementation of a prescription d rug order | |
2722 | + | including the preparati on and delivery of a drug or de vice to a | |
2723 | + | patient or a patient’s agent in a suitable container appropria tely | |
2724 | + | labeled for subsequent administration to, or use by, a patient . | |
2725 | + | Dispense includes sell, distribute, leave with, gi ve away, dispose | |
2726 | + | of, deliver or supply; | |
2727 | + | 13. “Dispenser” means a retail pharmacy, hospital pharmacy, a | |
2728 | + | group of chain pharmacies under c ommon ownership and control that do | |
2729 | + | not act as a wholesale distribu tor, or any other person authorized | |
2730 | + | by law to dispense or administer prescription drug s, and the | |
2731 | + | affiliated warehouse s or distributions of such entities under common | |
2732 | + | ownership and control t hat do not act as a wholesale distributor. | |
2733 | + | ||
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2759 | + | For the purposes of this paragraph, “dispenser” dispenser does not | |
2760 | + | mean a person who dispenses only products to be used in animals in | |
2761 | + | accordance with 21 U.S.C. 360b(a)(5); | |
2762 | + | 14. “Distribute” or “distribution” means the sale, purchase, | |
2763 | + | trade, delivery, handling, storage, or receipt of a product, and | |
2764 | + | does not include the d ispensing of a product pursuant to a | |
2765 | + | prescription executed in accordance with 21 U.S. C. 353(b)(1) or the | |
2766 | + | dispensing of a product approved under 21 U.S.C. 360 b(b); provided, | |
2767 | + | taking actual physical possession of a product or title shall not be | |
2768 | + | required; | |
2769 | + | 15. “Doctor of Pharmacy” means a person licensed by the Board | |
2770 | + | to engage in the practice of pharmacy. The terms “pharmacist”, | |
2771 | + | “D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and shall | |
2772 | + | have the same meaning wherever they appear in the Oklahoma Statu tes | |
2773 | + | and the rules promulgated by the Board; | |
2774 | + | 16. “Drug outlet” means all manufacturer s, repackagers, | |
2775 | + | outsourcing facilities, wholesale distributors, third-party | |
2776 | + | logistics providers, pharmacies, and all other facilities which are | |
2777 | + | engaged in dispensing, deli very, distribution or storage of | |
2778 | + | dangerous drugs; | |
2779 | + | 17. “Drugs” means all medicinal su bstances and preparations | |
2780 | + | recognized by the United States Pharmacopoeia Pharmacopeia and | |
2781 | + | National Formulary, or any revision thereof, and all substances and | |
2782 | + | preparations intended for external and/or internal us e in the cure, | |
2783 | + | ||
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2808 | + | ||
2809 | + | diagnosis, mitigation, treatment or preventi on of disease in humans | |
2810 | + | or animals and all substances and preparations, other than food, | |
2811 | + | intended to affect the structure or any function of the body of a | |
2812 | + | human or animals; | |
2813 | + | 18. “Drug sample” means a unit of a prescription dr ug packaged | |
2814 | + | under the authority and responsibility of the manufacturer that is | |
2815 | + | not intended to be sold and is intended to promote the sale of the | |
2816 | + | drug; | |
2817 | + | 19. “Durable medical equipment” has the same meaning as | |
2818 | + | provided by Section 2 of this act Section 375.2 of this title ; | |
2819 | + | 20. “Filled prescription” means a packaged prescription | |
2820 | + | medication to which a label has been affixed which contain s such | |
2821 | + | information as is required by the Oklahoma Pharmacy Act; | |
2822 | + | 21. “Hospital” means any institution licensed as a hospital by | |
2823 | + | this state for the care a nd treatment of patients, or a pharmacy | |
2824 | + | operated by the Oklahoma Department of Veterans Affairs; | |
2825 | + | 22. “Licensed practitioner” means: | |
2826 | + | a. an allopathic physician, | |
2827 | + | b. an osteopathic physician, | |
2828 | + | c. a podiatric physician, | |
2829 | + | d. a dentist, | |
2830 | + | e. a veterinarian or, | |
2831 | + | f. an optometrist, or | |
2832 | + | ||
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2857 | + | ||
2858 | + | g. a Certified Nurse Practitioner, Clinical Nurse | |
2859 | + | Specialist, or Certified Nurse -Midwife who has | |
2860 | + | obtained independent prescriptive authority under | |
2861 | + | Section 1 of this act, | |
2862 | + | licensed to practice and authorized to prescribe dangerous drugs | |
2863 | + | within the scope of practice of such p ractitioner; | |
2864 | + | 23. “Manufacturer” or “virtual manufacturer” means with respect | |
2865 | + | to a product: | |
2866 | + | a. a person that holds an application approved under 21 | |
2867 | + | U.S.C. 355 or a license issued under 42 U.S.C. 262 for | |
2868 | + | such product, or if such product is not the subject of | |
2869 | + | an approved application or license, the person who | |
2870 | + | manufactured the pro duct, | |
2871 | + | b. a co-licensed partner of the person described in | |
2872 | + | subparagraph a of this paragraph that obtains the | |
2873 | + | product directly from a person described in this | |
2874 | + | subparagraph or subparagraph a of this paragraph, | |
2875 | + | c. an affiliate of a person described in subpara graph a | |
2876 | + | or b of this paragraph who receives the product | |
2877 | + | directly from a person described in this s ubparagraph | |
2878 | + | or in subparagraph a or b of this paragraph, or | |
2879 | + | d. a person who contracts with another to manufacture a | |
2880 | + | product; | |
2881 | + | ||
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2906 | + | ||
2907 | + | 24. “Manufacturing” means the production, preparation, | |
2908 | + | propagation, compounding, conversion or processing of a device or a | |
2909 | + | drug, either directly or indirectly by extraction from substances of | |
2910 | + | natural origin or independently by means of chemic al or biological | |
2911 | + | synthesis and includes any packaging or repackaging of the | |
2912 | + | substances or labeling or relabeling of its container, and the | |
2913 | + | promotion and marketing of such drug s or devices. The term | |
2914 | + | “manufacturing” manufacturing also includes the preparation and | |
2915 | + | promotion of commercially available products from bulk compounds for | |
2916 | + | resale by licensed pharmacies, licensed practitioners or other | |
2917 | + | persons; | |
2918 | + | 25. “Medical gas” means those gases including those in liquid | |
2919 | + | state upon which the manufacturer or distributor has placed one of | |
2920 | + | several cautions, such as “Rx Only”, in compliance with federal law; | |
2921 | + | 26. “Medical gas order” means an order for medical g as issued | |
2922 | + | by a licensed prescriber; | |
2923 | + | 27. “Medical gas distributor” means a person licensed to | |
2924 | + | distribute, transfer, wholesale, deliver or se ll medical gases on | |
2925 | + | drug orders to suppliers or other entities licensed to use, | |
2926 | + | administer or distribute medical gas and may also include a patient | |
2927 | + | or ultimate user; | |
2928 | + | 28. “Medical gas supplier” means a person who di spenses medical | |
2929 | + | gases on drug orders only to a patient or ultimate user; | |
2930 | + | ||
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2955 | + | ||
2956 | + | 29. “Medicine” means any drug or combination of drugs which has | |
2957 | + | the property of curing, preventing, treating, diagnosing or | |
2958 | + | mitigating diseases, or which is used for that purpose; | |
2959 | + | 30. “Nonprescription drugs” means medicines or drugs which are | |
2960 | + | sold without a prescription and which are prepackaged for use by the | |
2961 | + | consumer and labeled in ac cordance with the requirements of the | |
2962 | + | statutes and regulations of this state and the federal gov ernment. | |
2963 | + | Such items shall also include medi cal and dental supplies and | |
2964 | + | bottled or nonbulk chemicals which are sold or offered for sale to | |
2965 | + | the general public if such articles or preparations meet the | |
2966 | + | requirements of the Federal Food, Drug, and Cosmetic Act, 21 | |
2967 | + | U.S.C.A., Section 321 et seq.; | |
2968 | + | 31. “Outsourcing facility” including “virtual outsourcing | |
2969 | + | facility” means a facility at one geographic location or address | |
2970 | + | that: | |
2971 | + | a. is engaged in the compounding of steril e drugs, | |
2972 | + | b. has elected to register as an outsourcing facility, | |
2973 | + | and | |
2974 | + | c. complies with all requ irements of 21 U.S.C. 353b; | |
2975 | + | 32. “Package” means the smallest individual saleable unit of | |
2976 | + | product for distribution by a manufacturer or repackager that is | |
2977 | + | intended by the manufacturer for ultimate s ale to the dispenser of | |
2978 | + | such product. For the purposes of this paragraph, “individual | |
2979 | + | saleable unit” means the smallest container of a product introduced | |
2980 | + | ||
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3006 | + | into commerce by the manufacturer or repackager that is intended by | |
3007 | + | the manufacturer or repackager fo r individual sale to a dispenser; | |
3008 | + | 33. “Person” means an individual, partnership, limited | |
3009 | + | liability company, corporation or association, unless the context | |
3010 | + | otherwise requires; | |
3011 | + | 34. “Pharmacist-in-charge” or “PIC” means the pharmacist | |
3012 | + | licensed in this state responsible for the management control of a | |
3013 | + | pharmacy and all other aspects of the practice of pharmacy in a | |
3014 | + | licensed pharmacy as defined by Section 353.18 of this title; | |
3015 | + | 35. “Pharmacy” means a place regularly licensed by the State | |
3016 | + | Board of Pharmacy in which prescriptions, drug s, medicines, | |
3017 | + | chemicals and poisons are compounded or dispensed or such place | |
3018 | + | where pharmacists practice the profession of pharmacy, or a pharmacy | |
3019 | + | operated by the Oklahoma Department of Veterans Affairs; | |
3020 | + | 36. “Pharmacy technician”, “technician”, “Rx tech”, or “tech” | |
3021 | + | means a person issued a Technician permit by the State Board of | |
3022 | + | Pharmacy to assist the pharmacist and perform nonjudgmental, | |
3023 | + | technical, manipulative, non-discretionary functions in the | |
3024 | + | prescription department under the immediate and direct super vision | |
3025 | + | of a pharmacist; | |
3026 | + | 37. “Poison” means any substance which when introduced into the | |
3027 | + | body, either directly or by absorption, produces violent, morbid or | |
3028 | + | fatal changes, or which destroys living tissue with which such | |
3029 | + | substance comes into contact; | |
3030 | + | ||
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3055 | + | ||
3056 | + | 38. “Practice of pharmacy” means: | |
3057 | + | a. the interpretation and evaluation of prescription | |
3058 | + | orders, | |
3059 | + | b. the compounding, dispensing, administering and | |
3060 | + | labeling of drugs and devices, except labeling by a | |
3061 | + | manufacturer, repackager or distributor of | |
3062 | + | nonprescription drugs and commercially packaged legend | |
3063 | + | drugs and devices, | |
3064 | + | c. the participation in drug selection and drug | |
3065 | + | utilization reviews, | |
3066 | + | d. the proper and safe storage of drugs and devices and | |
3067 | + | the maintenance of proper records thereof, | |
3068 | + | e. the responsibility for advising by counseling and | |
3069 | + | providing information, where professionally necessary | |
3070 | + | or where regulated, of therapeutic values, content, | |
3071 | + | hazards and use of drugs and devices, | |
3072 | + | f. the offering or performing of those ac ts, services, | |
3073 | + | operations or transactions necessary in the conduct, | |
3074 | + | operation, management and c ontrol of a pharmacy, or | |
3075 | + | g. the provision of those acts or services that are | |
3076 | + | necessary to provide pharmaceutical care; | |
3077 | + | 39. “Preparation” means an article which may or may not contain | |
3078 | + | sterile products compounded in a licensed pharmacy pursuant to the | |
3079 | + | order of a licensed prescriber; | |
3080 | + | ||
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3105 | + | ||
3106 | + | 40. “Prescriber” means a person licensed in this state who is | |
3107 | + | authorized to prescribe dangerous drugs withi n the scope of practice | |
3108 | + | of the person’s profession; | |
3109 | + | 41. “Prescription” means and includes any order for drug or | |
3110 | + | medical supplies written or signed, or transmitted by word of mouth, | |
3111 | + | telephone or other means of communication: | |
3112 | + | a. by a licensed prescriber, | |
3113 | + | b. under the supervision of an Oklahoma licensed | |
3114 | + | practitioner, an Oklahoma licensed advanced practice | |
3115 | + | registered nurse or an Oklahoma licensed a supervising | |
3116 | + | physician, by a physician assistant licensed in this | |
3117 | + | state, or | |
3118 | + | c. (1) under the supervision of a supervising physician | |
3119 | + | or supervising Advanced Practice Registered | |
3120 | + | Nurse, by a Certified Nurse Practitioner, | |
3121 | + | Clinical Nurse Specialist, or Certified Nurse- | |
3122 | + | Midwife licensed in this state who has not | |
3123 | + | obtained independent prescriptive authority under | |
3124 | + | Section 1 of this act, or | |
3125 | + | (2) by a Certified Nurse Practitioner, Clinical Nurs e | |
3126 | + | Specialist, or Certified Nurse-Midwife licensed | |
3127 | + | in this state who has obtained independent | |
3128 | + | prescriptive authority under Section 1 of this | |
3129 | + | act, or | |
3130 | + | ||
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3156 | + | d. by an Oklahoma licensed wholesaler or di stributor as | |
3157 | + | authorized in Section 353.29.1 of this title; | |
3158 | + | 42. “Product” means a prescription drug in a finished dosage | |
3159 | + | form for administration to a patient without substantial further | |
3160 | + | manufacturing, such as capsules, tablets, and lyophilized products | |
3161 | + | before reconstitution. “Product” does not include blo od components | |
3162 | + | intended for transfusion, radioactive drugs or biologics and medical | |
3163 | + | gas; | |
3164 | + | 43. “Repackager”, including “virtual repackager”, means a | |
3165 | + | person who owns or operates an establishment that repac ks and | |
3166 | + | relabels a product or package for further sale or distribution | |
3167 | + | without further transaction; | |
3168 | + | 44. “Sterile drug” means a drug that is intended for parenteral | |
3169 | + | administration, an ophthalmic or oral inhalation drug in aqueous | |
3170 | + | format, or a drug that is required to be sterile under sta te and | |
3171 | + | federal law; | |
3172 | + | 45. “Supervising Advanced Practice Registered Nurse” has the | |
3173 | + | same meaning as provided by Section 567.3a of this title; | |
3174 | + | 46. “Supervising physician” means an individual holding a | |
3175 | + | current license to practice as a physician from the State Board of | |
3176 | + | Medical Licensure and Supervision, pursuant to the provisions of the | |
3177 | + | Oklahoma Allopathic Medical and Surgical Licensure and Supervision | |
3178 | + | Act, or the State Board of Osteopathic Examiners, pursuant to the | |
3179 | + | provisions of the Oklahoma Osteopathic Medicine Act, who supervises | |
3180 | + | ||
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3205 | + | ||
3206 | + | an advanced practice registered nurse a Certified Nurse | |
3207 | + | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife | |
3208 | + | as defined in Section 567.3a of this title who has not obtained | |
3209 | + | independent prescriptive authority under Section 1 of this act, | |
3210 | + | and who is not in trai ning as an intern, resident, or fellow. To be | |
3211 | + | eligible to supervise an advanced practice registered nurse, such | |
3212 | + | The supervising physician shall remain in compliance with the rules | |
3213 | + | promulgated by the State Board of Medical Licensure and Supervision | |
3214 | + | or the State Board of Osteopathic Examiners; | |
3215 | + | 46. 47. “Supportive personnel” means technicians and auxiliary | |
3216 | + | supportive persons who are regularly paid employees of a pharmacy | |
3217 | + | who work and perform tasks in the pharmacy as authorized by Section | |
3218 | + | 353.18A of this title; | |
3219 | + | 47. 48. “Third-party logistics provider” including “virtual | |
3220 | + | third-party logistics provider” means an entity that provides or | |
3221 | + | coordinates warehousing, or other logistics services of a product in | |
3222 | + | interstate commerce on behalf of a manufacturer, wholesale | |
3223 | + | distributor, or dispenser of a product but does not take ownership | |
3224 | + | of the product, nor have responsibility to direct the sale or | |
3225 | + | disposition of the product. For the purposes of this paragraph, | |
3226 | + | “third-party logistics provider” does not include shippers and the | |
3227 | + | United States Postal Service; | |
3228 | + | 48. 49. “Wholesale distributor” including “virtual wholesale | |
3229 | + | distributor” means a person other than a manufacturer, a | |
3230 | + | ||
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3255 | + | ||
3256 | + | manufacturer’s co-licensed partner, a third-party logistics | |
3257 | + | provider, or repackager engaged in wholesale distribution as defined | |
3258 | + | by 21 U.S.C. 353(e)(4) as amended by the Drug Supply Chain Security | |
3259 | + | Act; | |
3260 | + | 49. 50. “County jail” means a facility operated by a county for | |
3261 | + | the physical detention and correction of persons charged with, or | |
3262 | + | convicted of, criminal o ffenses or ordinance violations or persons | |
3263 | + | found guilty of civil or criminal contempt; | |
3264 | + | 50. 51. “State correctional facility” means a facility or | |
3265 | + | institution that houses a prisoner population under the jurisdiction | |
3266 | + | of the Department of Corrections; | |
3267 | + | 51. 52. “Unit dose package” means a package that contains a | |
3268 | + | single dose drug with the name, strength, control number, and | |
3269 | + | expiration date of that drug on the label; and | |
3270 | + | 52. 53. “Unit of issue package” means a package that provides | |
3271 | + | multiple doses of the same drug, but each drug is individually | |
3272 | + | separated and includes the name, lot number, and expiration date. | |
3273 | + | SECTION 14. AMENDATORY 59 O.S. 2021, Section 353.1a, is | |
3274 | + | amended to read as follows: | |
3275 | + | Section 353.1a. A. Prescribing 1. Prescriptive authority | |
3276 | + | shall be allowed, under the medical direction of a supervising | |
3277 | + | physician or supervising Advanced Practice Registered Nurse, for an | |
3278 | + | advanced practice nurse a licensed Advanced Practice Registered | |
3279 | + | Nurse recognized by the Oklahom a Board of Nursing in one of the | |
3280 | + | ||
3281 | + | ENGR. S. B. NO. 458 Page 18 1 | |
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3305 | + | ||
3306 | + | following categories: advanced registered nurse practitioners, | |
3307 | + | clinical nurse specialists, or certified nurse-midwives as a | |
3308 | + | Certified Nurse Practitioner, Clinical Nurse Specialist, or | |
3309 | + | Certified Nurse-Midwife who has not obtained independent | |
3310 | + | prescriptive authority under Section 1 of this act. | |
3311 | + | 2. Prescriptive authority shall be allowed, independent of the | |
3312 | + | medical direction of a supervising physician or supervising Advanced | |
3313 | + | Practice Registered Nurse, for a licensed Advanced Practice | |
3314 | + | Registered Nurse recognized by the Oklahoma Board of Nursing as a | |
3315 | + | Certified Nurse Practitioner, Clinical Nurse Specialist, or | |
3316 | + | Certified Nurse-Midwife who has obtained independent prescriptive | |
3317 | + | authority under Section 1 of this act. | |
3318 | + | B. The advanced practice nurse Advanced Practice Registered | |
3319 | + | Nurse may write or sign, or transmit by word of mouth, telephone or | |
3320 | + | other means of communication an order for drugs or medical supplies | |
3321 | + | that is intended to be filled, compounded, or dis pensed by a | |
3322 | + | pharmacist. The supervising physician or supervising Advanced | |
3323 | + | Practice Registered Nurse, if applicable, and the advanced practice | |
3324 | + | nurse prescribing Advanced Practice Registered Nurse shall be | |
3325 | + | identified at the time of origination of the prescription and the | |
3326 | + | name of the advanced practice nurse prescribing Advanced Practice | |
3327 | + | Registered Nurse shall be printed on the prescription label. | |
3328 | + | B. C. Pharmacists may dispense prescriptions for non-controlled | |
3329 | + | prescription drugs authorized by an advanced practice nurse Advanced | |
3330 | + | ||
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3355 | + | ||
3356 | + | Practice Registered Nurse or physician assistant, not located in | |
3357 | + | Oklahoma this state, provided that they are licensed in the state in | |
3358 | + | which they are actively prescribing. | |
3359 | + | C. D. 1. Pharmacists may only dispense prescriptions for | |
3360 | + | controlled dangerous substances prescribed by an advanced practice | |
3361 | + | nurse or physician assistant Advanced Practice Registered Nurse | |
3362 | + | licensed in the State of Oklahoma and supervised by an Oklahoma- | |
3363 | + | licensed practitioner this state who meets the criteria in paragraph | |
3364 | + | 1 or 2 of subsection A of this section. | |
3365 | + | 2. Pharmacists may only dispense prescriptions for co ntrolled | |
3366 | + | dangerous substances prescribed by a physician assistant licensed in | |
3367 | + | this state and supervised by a supervising physician licensed in | |
3368 | + | this state. | |
3369 | + | SECTION 15. AMENDATORY 59 O.S. 2021, Section 567.3a, is | |
3370 | + | amended to read as f ollows: | |
3371 | + | Section 567.3a. As used in the Oklahoma Nursing Practice Act: | |
3372 | + | 1. “Board” means the Oklahoma Board of Nursing; | |
3373 | + | 2. “The practice of nursing” means the performance of services | |
3374 | + | provided for purposes of nursing diagnosis and treatment of human | |
3375 | + | responses to actual or potential health problems consistent with | |
3376 | + | educational preparation. Knowledge and skill are the basis for | |
3377 | + | assessment, analysis, planning, interven tion, and evaluation used in | |
3378 | + | the promotion and mainten ance of health and nursing management of | |
3379 | + | illness, injury, infirmity, restoration or optimal function, or | |
3380 | + | ||
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3405 | + | ||
3406 | + | death with dignity. Practice is based on understanding the human | |
3407 | + | condition across the human life span and understanding the | |
3408 | + | relationship of the individ ual within the environment. This | |
3409 | + | practice includes execution of the medical regime including the | |
3410 | + | administration of medications and treatments prescribed by any | |
3411 | + | person authorized by state law to so pres cribe; | |
3412 | + | 3. “Registered nursing” means the practice of the full scope of | |
3413 | + | nursing which includes, but is not limited to: | |
3414 | + | a. assessing the health status of individuals, families | |
3415 | + | and groups, | |
3416 | + | b. analyzing assessment data to determine nursing care | |
3417 | + | needs, | |
3418 | + | c. establishing goals to meet identified health care | |
3419 | + | needs, | |
3420 | + | d. planning a strategy of care, | |
3421 | + | e. establishing priorities of nursing intervention to | |
3422 | + | implement the strategy of care, | |
3423 | + | f. implementing the strategy of care, | |
3424 | + | g. delegating such tasks as may safely be perfo rmed by | |
3425 | + | others, consistent with educational preparatio n and | |
3426 | + | that do not conflict with the p rovisions of the | |
3427 | + | Oklahoma Nursing Practice Act, | |
3428 | + | h. providing safe and effective nursing care rendered | |
3429 | + | directly or indirectly, | |
3430 | + | ||
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3455 | + | ||
3456 | + | i. evaluating responses to intervention s, | |
3457 | + | j. teaching the principles and practice of nursing, | |
3458 | + | k. managing and supervising the prac tice of nursing, | |
3459 | + | l. collaborating with other health professionals in the | |
3460 | + | management of health care, | |
3461 | + | m. performing additional nursing functions in accordance | |
3462 | + | with knowledge and skills acquired beyond basic | |
3463 | + | nursing preparation, and | |
3464 | + | n. delegating those nursin g tasks as defined in the rules | |
3465 | + | of the Board that may be performed by an advanced | |
3466 | + | unlicensed assistive person; | |
3467 | + | 4. “Licensed practical nursing” means the practice of nursing | |
3468 | + | under the supervision or direction of a regis tered nurse, licensed | |
3469 | + | physician or dentist. This directed scope of nursing practice | |
3470 | + | includes, but is not limited to: | |
3471 | + | a. contributing to the assessment of the health status of | |
3472 | + | individuals and groups, | |
3473 | + | b. participating in the development and modification of | |
3474 | + | the plan of care, | |
3475 | + | c. implementing the appropriate aspects of the plan of | |
3476 | + | care, | |
3477 | + | d. delegating such tasks as may safely be performed by | |
3478 | + | others, consistent with educational preparation and | |
3479 | + | ||
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3504 | + | ||
3505 | + | that do not conflict with the Oklahoma Nursing | |
3506 | + | Practice Act, | |
3507 | + | e. providing safe and effective nursing care r endered | |
3508 | + | directly or indirectly, | |
3509 | + | f. participating in the evaluation of responses to | |
3510 | + | interventions, | |
3511 | + | g. teaching basic nursing skills and related principles, | |
3512 | + | h. performing additional nursing procedures in accordance | |
3513 | + | with knowledge and skills acquired through education | |
3514 | + | beyond nursing preparation, and | |
3515 | + | i. delegating those nursing tasks as defined in the rules | |
3516 | + | of the Board that may be performed by an advanced | |
3517 | + | unlicensed assistive person; | |
3518 | + | 5. “Advanced Practice Registered Nurse ” means a licensed | |
3519 | + | Registered Nurse: | |
3520 | + | a. who has completed an advanced practice registered | |
3521 | + | nursing education program in preparation for one of | |
3522 | + | four recognized advanced practice registered nurse | |
3523 | + | Advanced Practice Registered Nurse roles, | |
3524 | + | b. who has passed a national certification examination | |
3525 | + | recognized by the Board that measures the advanced | |
3526 | + | practice registered nurse Advanced Practice Registered | |
3527 | + | Nurse role and specialty competencies and who | |
3528 | + | ||
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3553 | + | ||
3554 | + | maintains recertification in the role and specialty | |
3555 | + | through a national certification program, | |
3556 | + | c. who has acquired advanced clinical knowledge and | |
3557 | + | skills in preparation for providing both direct and | |
3558 | + | indirect care to patients; however, the defining | |
3559 | + | factor for all Advanced Pr actice Registered Nurses is | |
3560 | + | that a significant compone nt of the education and | |
3561 | + | practice focuses on direct care of individuals, | |
3562 | + | d. whose practice builds on the competencies of | |
3563 | + | Registered Nurses by demonstrating a greater depth and | |
3564 | + | breadth of knowledge, a gre ater synthesis of data, and | |
3565 | + | increased complexity of sk ills and interventions, and | |
3566 | + | e. who has obtained a license as an Advanced Practice | |
3567 | + | Registered Nurse in one of the following roles: | |
3568 | + | Certified Registered Nurse Anesthetist, Certified | |
3569 | + | Nurse-Midwife, Clinical Nurse Specialist, or Certified | |
3570 | + | Nurse Practitioner. | |
3571 | + | Only those persons who hold a license t o practice advanced | |
3572 | + | practice registered nursing in this state shall have the right to | |
3573 | + | use the title “Advanced Practice Registered Nurse” and to use the | |
3574 | + | abbreviation “APRN”. Only those persons who have obtained a lice nse | |
3575 | + | in the following disciplines shall have the right to fulfill the | |
3576 | + | roles and use the applicable titles: Certified Registered Nurse | |
3577 | + | Anesthetist and the abbreviation “CRNA”, Certified Nurse-Midwife and | |
3578 | + | ||
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3603 | + | ||
3604 | + | the abbreviation “CNM”, Clinical Nurse Specialist and the | |
3605 | + | abbreviation “CNS”, and Certified Nurse Practitioner and the | |
3606 | + | abbreviation “CNP”. | |
3607 | + | It shall be unlawful for any person to assume the role or use | |
3608 | + | the title Advanced Practice Registered Nurse or use th e abbreviation | |
3609 | + | “APRN” or use the respective specialty role titles and abbreviations | |
3610 | + | or to use any other titles or abbreviations that would reasonably | |
3611 | + | lead a person to believe the user is an Advanced Practice Registered | |
3612 | + | Nurse, unless permitted by the Oklaho ma Nursing Practice Act. Any | |
3613 | + | individual doing so shal l be guilty of a misdemeanor, which sha ll be | |
3614 | + | punishable, upon conviction, by imprisonment in the county jail for | |
3615 | + | not more than one (1) year or by a fine of not less than One Hundred | |
3616 | + | Dollars ($100.00) no r more than One Thousand Dollars ($1,000.00), or | |
3617 | + | by both such imprisonment and fine for each offense; | |
3618 | + | 6. “Certified Nurse Practitioner” is means an Advanced Practice | |
3619 | + | Registered Nurse who performs in an expanded role in the delivery of | |
3620 | + | health care: | |
3621 | + | a. consistent with advanced educational preparation as a | |
3622 | + | Certified Nurse Practitioner in an area of specialty, | |
3623 | + | b. functions within the Certified Nurse Practitioner | |
3624 | + | scope of practice for the selected area of | |
3625 | + | specialization, and | |
3626 | + | ||
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3651 | + | ||
3652 | + | c. is in accord with the standards f or Certified Nurse | |
3653 | + | Practitioners as identified by the certifying body and | |
3654 | + | approved by the Board. | |
3655 | + | A Certified Nurse Practitioner shall be eligible, in accordance | |
3656 | + | with the scope of practice of the Certified Nurse Practitioner, to | |
3657 | + | obtain recognition as author ized by the Board to prescribe, as | |
3658 | + | defined by the rules promulgated by the Board pursuant to this | |
3659 | + | section and subject to the medical direction of a supervising | |
3660 | + | physician Section 567.4a of this title and Section 1 of this act. | |
3661 | + | This authorization shall not include dispensing drugs, but shall not | |
3662 | + | preclude, subject to federal regulations, the receipt of, the | |
3663 | + | signing for, or the dispensing of professional samples to patients. | |
3664 | + | The Certified Nurse Practitioner accepts responsibility, | |
3665 | + | accountability, and obligatio n to practice in accordance with usual | |
3666 | + | and customary advanced practice registered nursing sta ndards and | |
3667 | + | functions as defined by the scope of practice/role definition | |
3668 | + | statements for the Certified Nurse Practitioner; | |
3669 | + | 7. a. “Clinical Nurse Specialist ” is means an Advanced | |
3670 | + | Practice Registered Nurse who holds: | |
3671 | + | (1) a master’s degree or higher in nursi ng with | |
3672 | + | clinical specialization preparation to function | |
3673 | + | in an expanded role, | |
3674 | + | (2) specialty certification from a national | |
3675 | + | certifying organization recognized by the Board, | |
3676 | + | ||
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3701 | + | ||
3702 | + | (3) an Advanced Practice Registered Nurse licen se | |
3703 | + | from the Board, and | |
3704 | + | (4) any nurse holding a specialty certification as a | |
3705 | + | Clinical Nurse Specialist valid on January 1, | |
3706 | + | 1994, granted by a national certifying | |
3707 | + | organization recognized by the Board, sha ll be | |
3708 | + | deemed to be a Clinical Nurse Specialist under | |
3709 | + | the provisions of the Oklahoma Nursing P ractice | |
3710 | + | Act. | |
3711 | + | b. In the expanded role, the Clinical Nurse Specialist | |
3712 | + | performs at an advanced practice level which shall | |
3713 | + | include, but not be limited to: | |
3714 | + | (1) practicing as an expert clinician in the | |
3715 | + | provision of direct n ursing care to a selected | |
3716 | + | population of patients or clients in any setting, | |
3717 | + | including private practice, | |
3718 | + | (2) managing the care of patients or clients with | |
3719 | + | complex nursing problems, | |
3720 | + | (3) enhancing patient or client care by integrating | |
3721 | + | the competencies of clin ical practice, education, | |
3722 | + | consultation, and research, and | |
3723 | + | (4) referring patients or clients to other services. | |
3724 | + | c. A Clinical Nurse Specialist in accordance with the | |
3725 | + | scope of practice of such Clinical Nu rse Specialist | |
3726 | + | ||
3727 | + | ENGR. S. B. NO. 458 Page 27 1 | |
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3752 | + | shall be eligible to obtain recognition as authorized | |
3753 | + | by the Board to prescrib e, as defined by the rules | |
3754 | + | promulgated by the Board pursuant to this section, and | |
3755 | + | subject to the medical direction of a supervising | |
3756 | + | physician Section 567.4a of thi s title and Section 1 | |
3757 | + | of this act. This authorization shall not include | |
3758 | + | dispensing drugs, bu t shall not preclude, subject to | |
3759 | + | federal regulations, the receipt of, the signing for, | |
3760 | + | or the dispensing of professional samples to pat ients. | |
3761 | + | d. The Clinical Nurse Specialist accepts responsibility, | |
3762 | + | accountability, and obligation to practice in | |
3763 | + | accordance with usual and customary advanced practice | |
3764 | + | nursing standards and functions as defined by the | |
3765 | + | scope of practice/role definition statemen ts for the | |
3766 | + | Clinical Nurse Specialist; | |
3767 | + | 8. “Nurse-Midwife” is “Certified Nurse-Midwife” means a nurse | |
3768 | + | who has received an Advanced Practice Registered Nurse license from | |
3769 | + | the Oklahoma Board of Nursing who possesses evidence of | |
3770 | + | certification according to the requirements of the American College | |
3771 | + | of Nurse-Midwives. | |
3772 | + | A Certified Nurse-Midwife in accordance with the scope of | |
3773 | + | practice of such Certified Nurse-Midwife shall be eligible to obtain | |
3774 | + | recognition as authorized by the Board to prescribe, as defined by | |
3775 | + | the rules promulgated by the Board pursuant to this section and | |
3776 | + | ||
3777 | + | ENGR. S. B. NO. 458 Page 28 1 | |
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3801 | + | ||
3802 | + | subject to the medical direction of a supervising physician Section | |
3803 | + | 567.4a of this title and Section 1 of this act. This authorization | |
3804 | + | shall not include the dispensing of drugs, but shall not precl ude, | |
3805 | + | subject to federal regu lations, the receipt of, the sig ning for, or | |
3806 | + | the dispensing of professional samples to patien ts. | |
3807 | + | The Certified Nurse-Midwife accepts responsibility, | |
3808 | + | accountability, and obligation to practice in accordance with usual | |
3809 | + | and customary advanced practice registe red nursing standards and | |
3810 | + | functions as defined by the scope of practice/role definition | |
3811 | + | statements for the Certified Nurse-Midwife; | |
3812 | + | 9. “Nurse-midwifery practice” means providing management of | |
3813 | + | care of normal newborns and women, antepartally, intrapartally, | |
3814 | + | postpartally and gynecologicall y, occurring within a health care | |
3815 | + | system which provides for m edical consultation, medical management | |
3816 | + | or referral, and is in accord with the standards for nurse-midwifery | |
3817 | + | practice as defined by the American College of Nurse -Midwives; | |
3818 | + | 10. a. “Certified Registered Nurse Anestheti st” is an | |
3819 | + | Advanced Practice Registered Nurse who: | |
3820 | + | (1) is certified by the National Board of | |
3821 | + | Certification and Recertification for Nurse | |
3822 | + | Anesthetists as a Certified Registered Nurse | |
3823 | + | Anesthetist within on e (1) year following | |
3824 | + | completion of an approved certified registered | |
3825 | + | nurse anesthetist Certified Registered Nurse | |
3826 | + | ||
3827 | + | ENGR. S. B. NO. 458 Page 29 1 | |
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3851 | + | ||
3852 | + | Anesthetist education program, and continues to | |
3853 | + | maintain such recertification by the National | |
3854 | + | Board of Certificatio n and Recertification for | |
3855 | + | Nurse Anesthetists, and | |
3856 | + | (2) administers anesthesia in co llaboration with a | |
3857 | + | medical doctor, an o steopathic physician, a | |
3858 | + | podiatric physician or a dentist licensed in this | |
3859 | + | state and under conditions in which timely onsite | |
3860 | + | consultation by such doctor, osteopath, podiatric | |
3861 | + | physician or dentist i s available. | |
3862 | + | b. A Certified Registered Nurse Anesthetist, in | |
3863 | + | collaboration with a medical doctor, osteopathic | |
3864 | + | physician, podiatric physician or dentist licensed in | |
3865 | + | this state, and under condition s in which timely, on- | |
3866 | + | site consultation by such medical docto r, osteopathic | |
3867 | + | physician, podiatric physician or dentist is | |
3868 | + | available, shall be authorized, pursuant to rules | |
3869 | + | adopted by the Oklahoma Board of Nursing, to order, | |
3870 | + | select, obtain and administer leg end drugs, Schedules | |
3871 | + | II through V controlled substances, devices, and | |
3872 | + | medical gases only when engaged in the pr eanesthetic | |
3873 | + | preparation and evaluation; anesthesia induction, | |
3874 | + | maintenance and emergence; and postanesthesia care. A | |
3875 | + | Certified Registered Nurse Anesthetist may order, | |
3876 | + | ||
3877 | + | ENGR. S. B. NO. 458 Page 30 1 | |
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3901 | + | ||
3902 | + | select, obtain and adminis ter drugs only during the | |
3903 | + | perioperative or periobstetrical peri od. | |
3904 | + | c. A Certified Registered Nurse Anesthetist who applies | |
3905 | + | for authorization to order, select, obtain and | |
3906 | + | administer drugs shall: | |
3907 | + | (1) be currently recognized as a Certified Registered | |
3908 | + | Nurse Anesthetist in this state, | |
3909 | + | (2) provide evidence of completion, wi thin the two- | |
3910 | + | year period immediately preceding the date of | |
3911 | + | application, of a minimum of fifteen (15) units | |
3912 | + | of continuing education in advanced pharmacology | |
3913 | + | related to the administration of anes thesia as | |
3914 | + | recognized by the Nation al Board of Certification | |
3915 | + | and Recertification for Nurse Anesthetists, and | |
3916 | + | (3) complete and submit a notarized application, on a | |
3917 | + | form prescribed by the Board, accompanied by the | |
3918 | + | application fee establish ed pursuant to this | |
3919 | + | section. | |
3920 | + | d. The authority to order , select, obtain and administ er | |
3921 | + | drugs shall be terminated if a Certified Registered | |
3922 | + | Nurse Anesthetist has: | |
3923 | + | (1) ordered, selected, obtained or administered drugs | |
3924 | + | outside of the Certified Registered Nurse | |
3925 | + | Anesthetist scope of practice or ordered, | |
3926 | + | ||
3927 | + | ENGR. S. B. NO. 458 Page 31 1 | |
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3951 | + | ||
3952 | + | selected, obtained or administered drugs for | |
3953 | + | other than therapeutic purposes, or | |
3954 | + | (2) violated any provision of state laws or rules or | |
3955 | + | federal laws or regulations pertaining to the | |
3956 | + | practice of nursing or the author ity to order, | |
3957 | + | select, obtain and administer drugs. | |
3958 | + | e. The Oklahoma Board of Nursing shall notify the State | |
3959 | + | Board of Pharmacy after termination of or a change in | |
3960 | + | the authority to order, select, obtain and administer | |
3961 | + | drugs for a Certified Registered Nurse Anesthet ist. | |
3962 | + | f. The Board shall provide by rule for biennial | |
3963 | + | application renewal and reauth orization of authority | |
3964 | + | to order, select, obtain and administer drugs for | |
3965 | + | Certified Registered Nurse Anesthetists. At the time | |
3966 | + | of application renewal, a Certified Registered Nurse | |
3967 | + | Anesthetist shall submit documentation of a min imum of | |
3968 | + | eight (8) units of co ntinuing education, completed | |
3969 | + | during the previous two (2) years, in advanced | |
3970 | + | pharmacology relating to the administration of | |
3971 | + | anesthesia, as recognized by the Council on | |
3972 | + | Recertification of Nurse Anesthetists or the Council | |
3973 | + | on Certification of Nurse Anestheti sts National Board | |
3974 | + | of Certification and Recertification for Nurse | |
3975 | + | Anesthetists. | |
3976 | + | ||
3977 | + | ENGR. S. B. NO. 458 Page 32 1 | |
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4001 | + | ||
4002 | + | g. This paragraph shall not prohibit the administration | |
4003 | + | of local or topical anesthetics as now permitted by | |
4004 | + | law. Provided further , nothing in this paragraph | |
4005 | + | shall limit the authority of t he Board of Dentistry to | |
4006 | + | establish the qualifications for dentists who direct | |
4007 | + | the administration of anesthesia. | |
4008 | + | h. As used in this parag raph, “collaboration” means an | |
4009 | + | agreement between a medical doc tor, osteopathic | |
4010 | + | physician, podiatric physician or dentist performing | |
4011 | + | the procedure or directly involved with the procedure | |
4012 | + | and the Certified Registered Nurse Anesthetist working | |
4013 | + | jointly toward a common goal providing services for | |
4014 | + | the same patient. This c ollaboration involves the | |
4015 | + | joint formulation, discussion an d agreement of the | |
4016 | + | anesthesia plan by both parties, and the collaborating | |
4017 | + | medical doctor, osteopathic physician, podiatric | |
4018 | + | physician or dentist performing the procedure or | |
4019 | + | directly involved with the procedure and that | |
4020 | + | collaborating physician shall re main available for | |
4021 | + | timely onsite consultation during the delivery of | |
4022 | + | anesthesia for diagnosis, consultation, and treatment | |
4023 | + | of medical conditions; | |
4024 | + | 11. “Supervising Advanced Practice Registered Nurse” means an | |
4025 | + | Advanced Practice Registered Nurse holding a current license to | |
4026 | + | ||
4027 | + | ENGR. S. B. NO. 458 Page 33 1 | |
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4051 | + | ||
4052 | + | practice who has obtained independent prescriptive authority under | |
4053 | + | Section 1 of this act and who otherwise meets the qualification s of | |
4054 | + | a supervising Advanced Practice Registered Nur se under Section 1 of | |
4055 | + | this act who supervises a Certified Nurse Practitioner, a Clinical | |
4056 | + | Nurse Specialist, or a Certified Nurse-Midwife who has not obtained | |
4057 | + | independent prescriptive authority under Section 1 of this act ; | |
4058 | + | 12. “Supervising physician” means an individual holding a | |
4059 | + | current license to practice as a physi cian from the State Board of | |
4060 | + | Medical Licensure and Supervision or the State Board of Osteopathic | |
4061 | + | Examiners, who supervises a Certified Nurse Practitioner , a Clinical | |
4062 | + | Nurse Specialist, or a Certified Nurse-Midwife who has not obtained | |
4063 | + | independent prescriptive authority under Section 1 of this act, and | |
4064 | + | who is not in training as an intern, resident, or fellow. To be | |
4065 | + | eligible to supervise such Advanced Practice Regi stered Nurse, such | |
4066 | + | The supervising physician shall remain in compliance with the rules | |
4067 | + | promulgated by the State Board of Medical Licensure and Supervision | |
4068 | + | or the State Board of Osteopathic Examiners; | |
4069 | + | 12. 13. “Supervision of an Advanced Practice Registered Nurse | |
4070 | + | with prescriptive authority” means overseeing and accepting | |
4071 | + | responsibility for the ordering and transmission by a Certified | |
4072 | + | Nurse Practitioner, a Clinical Nurse Specialist, or a Certified | |
4073 | + | Nurse-Midwife who has not obtained independent prescriptive | |
4074 | + | authority under Section 1 of this act of written, telephonic, | |
4075 | + | ||
4076 | + | ENGR. S. B. NO. 458 Page 34 1 | |
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4100 | + | ||
4101 | + | electronic or oral prescriptions for drugs and oth er medical | |
4102 | + | supplies, subject to a defined formulary; and | |
4103 | + | 13. 14. “Advanced Unlicensed Assistant” means any person who | |
4104 | + | has successfully completed a certified training program approved by | |
4105 | + | the Board that trains the Advanced Unlicensed Assistant to perform | |
4106 | + | specified technical skills identified by the Board in acute care | |
4107 | + | settings under the direction and supervision of the Registered Nurse | |
4108 | + | or Licensed Practical Nurse. | |
4109 | + | SECTION 16. AMENDATORY 59 O.S. 2021, Section 567.4a, is | |
4110 | + | amended to read as follows: | |
4111 | + | Section 567.4a. The Oklahoma Board of Nursing may grant | |
4112 | + | prescriptive authority through the Advanc ed Practice Registered | |
4113 | + | Nurse license to Certified Nurse Practitioners, Clinical Nurse | |
4114 | + | Specialists, and Certified Nurse-Midwives who meet the requirements | |
4115 | + | for prescriptive authority identified by law and in the Board’s | |
4116 | + | rules. The rules regarding prescriptiv e authority recognition | |
4117 | + | promulgated by the Oklahoma Board of Nursing pursuant to paragraphs | |
4118 | + | 6 through 9, 11 and 12 of this section, Section 567.3a of this | |
4119 | + | title, and Section 1 of this act shall: | |
4120 | + | 1. Define the procedure for documenting supervision by a | |
4121 | + | supervising physician licensed in Oklahoma to practice by the State | |
4122 | + | Board of Medical Licensure and Supervision or the State Board of | |
4123 | + | Osteopathic Examiners as defined in Section 567.3a of this title or | |
4124 | + | by a supervising Advanced Practice Registered Nurse as defined in | |
4125 | + | ||
4126 | + | ENGR. S. B. NO. 458 Page 35 1 | |
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4150 | + | ||
4151 | + | Section 567.3a of this t itle of a Certified Nurse Practitioner, | |
4152 | + | Clinical Nurse Specialist, or Certified Nurse-Midwife who has not | |
4153 | + | obtained independent prescriptive authority under Section 1 of this | |
4154 | + | act. Such procedure shall include a written statement th at defines | |
4155 | + | appropriate referral, consultation, and collaboration between the | |
4156 | + | Advanced Practice Registered Nurse, recogni zed to prescribe as | |
4157 | + | defined in paragraphs 6 through 9, 11 and 12 of Section 567.3a of | |
4158 | + | this title, and the supervising physician or supervising Advanced | |
4159 | + | Practice Registered Nurse. The written statement shall include a | |
4160 | + | method of assuring availability of the supervising physician or | |
4161 | + | supervising Advanced Practice Registered Nurse through direct | |
4162 | + | contact, telecommunications or other appropriate electronic means | |
4163 | + | for consultation, assistance with medical emergencies, or patient | |
4164 | + | referral. The written statement shall be part of the initial | |
4165 | + | application and the renewal application submitted to the Board for | |
4166 | + | recognition for prescriptive authority for the Advanced Practice | |
4167 | + | Registered Nurse. Changes to the written statement shall be filed | |
4168 | + | with the Board within thirty (30) day s of the change and shall be | |
4169 | + | effective on filing; | |
4170 | + | 2. Define the procedure for documenting independent | |
4171 | + | prescriptive authority for Certified Nurse Practitioners, Clinical | |
4172 | + | Nurse Specialists, and Certified Nurse-Midwives who have obtained | |
4173 | + | independent prescriptive authori ty under Section 1 of this act; | |
4174 | + | ||
4175 | + | ENGR. S. B. NO. 458 Page 36 1 | |
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4199 | + | ||
4200 | + | 3. Define minimal requirements for initial application for | |
4201 | + | prescriptive authority which shall in clude, but not be limited to, | |
4202 | + | evidence of completion of a minimum of forty-five (45) contact hours | |
4203 | + | or three (3) academic credit hours of education in | |
4204 | + | pharmacotherapeutics, clinical application, and use of | |
4205 | + | pharmacological agents in the prevention of illness , and in the | |
4206 | + | restoration and maintenance of health in a program beyond basic | |
4207 | + | registered nurse preparation, approved by the Board. Such contact | |
4208 | + | hours or academic credits shall be obtained within a time period of | |
4209 | + | three (3) years immediately preceding the da te of application for | |
4210 | + | prescriptive authority ; | |
4211 | + | 3. 4. Define minimal requirements for application for renewal | |
4212 | + | of prescriptive authority which shall include, but not be limited | |
4213 | + | to, documentation of a minimum of: | |
4214 | + | a. fifteen (15) contact hours or one (1) acade mic credit | |
4215 | + | hour of education in pharmacother apeutics, clinical | |
4216 | + | application, and use of pharmacological agents in the | |
4217 | + | prevention of illness, and in the restoration and | |
4218 | + | maintenance of health in a program beyond basic | |
4219 | + | registered nurse preparation, and | |
4220 | + | b. two (2) hours of education in pain management or two | |
4221 | + | (2) hours of education in opioid use or addiction, | |
4222 | + | unless the Advanced Practice Registered Nurse has | |
4223 | + | demonstrated to the satisfaction of the Board that the | |
4224 | + | ||
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4249 | + | ||
4250 | + | Advanced Practice Registered Nurse does not current ly | |
4251 | + | hold a valid federal Drug Enforcement Adm inistration | |
4252 | + | registration number, | |
4253 | + | approved by the Board, within the two-year period immediately | |
4254 | + | preceding the effective date of application for renewal of | |
4255 | + | prescriptive authority; | |
4256 | + | 4. 5. Require that beginning July 1, 2002, an Advanced Practice | |
4257 | + | Registered Nurse shall demonstrate demonstrates successful | |
4258 | + | completion of a master’s degree or higher in a clinical nurse | |
4259 | + | specialty one of the following Advanced Practice Registered Nurse | |
4260 | + | roles: | |
4261 | + | a. Certified Nurse Pract itioner, | |
4262 | + | b. Clinical Nurse Specialist, or | |
4263 | + | c. Certified Nurse-Midwife, | |
4264 | + | in order to be eligible for initial application fo r prescriptive | |
4265 | + | authority under the provisions of the Oklahoma Nursing Practice Act; | |
4266 | + | 5. 6. Define the method for communicating authority to | |
4267 | + | prescribe or termination of same, and the formulary to the State | |
4268 | + | Board of Pharmacy, all pharmacies, and all registered pharmacists ; | |
4269 | + | 6. 7. Define terminology used in such rules; | |
4270 | + | 7. 8. Define the parameters for the prescribing practices of | |
4271 | + | the Advanced Practice Re gistered Nurse; | |
4272 | + | 8. 9. Define the methods for termination of prescriptive | |
4273 | + | authority for the Advanced Practice Registered N urse; and | |
4274 | + | ||
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1190 | 4299 | ||
1191 | 4300 | 9. 10. a. Establish a Formulary Advisory Council that shall | |
1192 | 4301 | develop and submit to the Board recommendations for an | |
1193 | 4302 | exclusionary formulary that shall list drugs or | |
1194 | 4303 | categories of drugs that shall not be prescribed by an | |
1195 | 4304 | Advanced Practice Registere d Nurse recognized to | |
1196 | 4305 | prescribe by the Oklahoma Board of Nursing. The | |
1197 | 4306 | Formulary Advisory Council shall also develop and | |
1198 | 4307 | submit to the Board recommendations for practice- | |
1199 | 4308 | specific prescriptive standards for each category of | |
1200 | 4309 | Advanced Practice Registered Nurs e recognized to | |
1201 | 4310 | prescribe by the Oklahoma Board of Nursing pursuant to | |
1202 | 4311 | the provisions of the Oklahoma Nursing Practice Act. | |
1203 | 4312 | The Board shall either accept or reject the | |
1204 | 4313 | recommendations made by the Council. No amendments to | |
1205 | 4314 | the recommended exclusionary for mulary may be made by | |
1206 | 4315 | the Board without the approval of the Formulary | |
1207 | 4316 | Advisory Council. | |
1208 | - | ||
1209 | 4317 | b. The Formulary Advisory Council shall be compos ed of | |
1210 | 4318 | twelve (12) members as follo ws: | |
1211 | - | ||
1212 | 4319 | (1) four members, to include a pediatrician, an | |
1213 | 4320 | obstetrician-gynecological physic ian, a general | |
1214 | 4321 | internist, and a family practice physician; | |
1215 | 4322 | provided, that three of such members shall be | |
1216 | 4323 | appointed by the Oklahoma State M edical | |
4324 | + | ||
4325 | + | ENGR. S. B. NO. 458 Page 39 1 | |
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4349 | + | ||
1217 | 4350 | Association, and one shall be appointed by the | |
1218 | 4351 | Oklahoma Osteopathic Association, | |
1219 | - | ||
1220 | 4352 | (2) four members who are regis tered pharmacists, | |
1221 | 4353 | appointed by the Oklahoma Pharmaceutical | |
1222 | 4354 | Association, and | |
1223 | - | ||
1224 | - | ||
1225 | - | ENR. S. B. NO. 458 Page 29 | |
1226 | 4355 | (3) four members, one of whom shall be a Certified | |
1227 | 4356 | Nurse Practitioner, one of whom shall be a | |
1228 | 4357 | Clinical Nurse Specialist, one of whom shall be a | |
1229 | 4358 | Certified Nurse-Midwife, and one of whom shall be | |
1230 | 4359 | a current member of the Oklahoma Board of | |
1231 | 4360 | Nursing, all of whom shall be appointed by the | |
1232 | 4361 | Oklahoma Board of Nursing. | |
1233 | - | ||
1234 | 4362 | c. All professional members of the Formul ary Advisory | |
1235 | 4363 | Council shall be in active clinical practice, at least | |
1236 | 4364 | fifty percent (50%) of the time, within their defined | |
1237 | 4365 | area of specialty. The members of the Formulary | |
1238 | 4366 | Advisory Council shall serve at the pleasure of the | |
1239 | 4367 | appointing authority for a term o f three (3) years. | |
1240 | 4368 | The terms of the members shall be staggered. Members | |
1241 | 4369 | of the Council may serve beyond the expiration of | |
1242 | 4370 | their term of office until a successor is appointed by | |
1243 | 4371 | the original appointing authority. A vacan cy on the | |
1244 | 4372 | Council shall be filled for the balance of the | |
1245 | 4373 | unexpired term by the original appointing authority. | |
4374 | + | ||
4375 | + | ENGR. S. B. NO. 458 Page 40 1 | |
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1246 | 4399 | ||
1247 | 4400 | d. Members of the Council shall elect a chair and a vice- | |
1248 | 4401 | chair vice chair from among the membership of the | |
1249 | 4402 | Council. For the transaction of business, at leas t | |
1250 | 4403 | seven members, with a minimum of two members present | |
1251 | 4404 | from each of the identified categories of physicians, | |
1252 | 4405 | pharmacists and advanced practice registered nurses | |
1253 | 4406 | Advanced Practice Registered Nurses, shall constitute | |
1254 | 4407 | a quorum. The Council shall recommend an d the Board | |
1255 | 4408 | shall approve and impl ement an initial exclusionary | |
1256 | 4409 | formulary on or before January 1, 1997. The Council | |
1257 | 4410 | and the Board shall annually review the approved | |
1258 | 4411 | exclusionary formulary and shall make any necessary | |
1259 | 4412 | revisions utilizing the same procedure s used to | |
1260 | 4413 | develop the initial excl usionary formulary. | |
1261 | - | ||
1262 | - | SECTION 8. AMENDATORY 59 O.S. 2021, Section 567.5a, is | |
4414 | + | SECTION 17. AMENDATORY 59 O.S. 2021, Section 567.5a, is | |
1263 | 4415 | amended to read as follows: | |
1264 | - | ||
1265 | 4416 | Section 567.5a. A. All applicants for a license to practice a s | |
1266 | 4417 | an Advanced Practice Registered Nurse shall be subject to Section | |
1267 | 4418 | 567.8 of this title. | |
1268 | - | ||
1269 | - | ENR. S. B. NO. 458 Page 30 | |
1270 | - | ||
1271 | 4419 | B. An applicant for an initial license to practice as an | |
1272 | 4420 | Advanced Practice Registered Nurse shall: | |
1273 | - | ||
1274 | 4421 | 1. Submit a completed written application and appropriate fees | |
1275 | 4422 | as established by the Oklahoma Board of Nursing; | |
1276 | 4423 | ||
4424 | + | ENGR. S. B. NO. 458 Page 41 1 | |
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4447 | + | 24 | |
4448 | + | ||
1277 | 4449 | 2. Submit a criminal history records check that complies with | |
1278 | 4450 | Section 567.18 of this title; | |
1279 | - | ||
1280 | 4451 | 3. Hold a current Registered Nurse license in this state; | |
1281 | - | ||
1282 | 4452 | 4. Have completed an advanced practice registered nursing | |
1283 | 4453 | education program in one of the four advanced practice regi stered | |
1284 | 4454 | nurse Advanced Practice Registered Nurse roles and a specialty area | |
1285 | 4455 | recognized by the Board. Effective January 1, 2016, the applicant | |
1286 | 4456 | shall have completed an accredited graduate level advanced practice | |
1287 | 4457 | registered nursing education program in at lea st one of the | |
1288 | 4458 | following population foci: family/individual across the lifespan, | |
1289 | - | adult-gerontology, neonatal, pediatrics, women | |
4459 | + | adult-gerontology, neonatal, pediatrics, women’s health/gender- | |
1290 | 4460 | related, or psychiatric/mental health; | |
1291 | - | ||
1292 | 4461 | 5. Be currently certified in an advanced practice specialty | |
1293 | 4462 | certification consistent with educational preparation and by a | |
1294 | 4463 | national certifying body recognized by the Board; and | |
1295 | - | ||
1296 | 4464 | 6. Provide any and all other evidence as required by the Board | |
1297 | 4465 | in its rules. | |
1298 | - | ||
1299 | 4466 | C. The Board may issue a license by endorsement to an Advanced | |
1300 | 4467 | Practice Registered Nurse licensed under the laws of another state | |
1301 | 4468 | if the applicant meets the qualifications for licensure in this | |
1302 | 4469 | state. An applicant by endorsement shall: | |
1303 | - | ||
1304 | 4470 | 1. Submit a completed written application and appr opriate fees | |
1305 | 4471 | as established by the Board ; | |
1306 | - | ||
1307 | 4472 | 2. Hold a current Registered Nurse license in this state; | |
4473 | + | ||
4474 | + | ENGR. S. B. NO. 458 Page 42 1 | |
4475 | + | 2 | |
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4477 | + | 4 | |
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4490 | + | 17 | |
4491 | + | 18 | |
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4493 | + | 20 | |
4494 | + | 21 | |
4495 | + | 22 | |
4496 | + | 23 | |
4497 | + | 24 | |
1308 | 4498 | ||
1309 | 4499 | 3. Hold recognition as an Advanced Practice Registered Nurse in | |
1310 | 4500 | a state or territory; | |
1311 | - | ||
1312 | - | ||
1313 | - | ENR. S. B. NO. 458 Page 31 | |
1314 | 4501 | 4. Have completed an advanced practice registered nursing | |
1315 | 4502 | education program in one of the four roles and a specialty area | |
1316 | 4503 | recognized by the Board. Effective January 1, 2016, the applicant | |
1317 | 4504 | shall have completed an accredited graduate level advanced practice | |
1318 | 4505 | registered nursing education program in at least one of the | |
1319 | 4506 | following population foci: family/individual across the lifespan, | |
1320 | - | adult-gerontology, neonatal, pediatrics, women | |
4507 | + | adult-gerontology, neonatal, pediatrics, women’s health/gender- | |
1321 | 4508 | related, or psychiatric/mental health; | |
1322 | - | ||
1323 | 4509 | 5. Be currently certified in an advanced practice specialty | |
1324 | 4510 | certification consistent with ed ucational preparation and by a | |
1325 | 4511 | national certifying body recognized by the Board; | |
1326 | - | ||
1327 | 4512 | 6. Meet continued competency requirements as set forth in Board | |
1328 | 4513 | rules; and | |
1329 | - | ||
1330 | 4514 | 7. Provide any and all other evidence as required by the Board | |
1331 | 4515 | in its rules. | |
1332 | - | ||
1333 | 4516 | D. The Board may iss ue prescriptive authority recognition by | |
1334 | 4517 | endorsement to an Advanced Practice Registered Nurse licensed as an | |
1335 | 4518 | APRN-CNP, APRN-CNS, or APRN-CNM under the laws of another state if | |
1336 | 4519 | the applicant meets the requirements set forth in this section. An | |
1337 | 4520 | applicant for prescriptive authority recognition by endorsement | |
1338 | 4521 | shall: | |
1339 | 4522 | ||
4523 | + | ENGR. S. B. NO. 458 Page 43 1 | |
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4547 | + | ||
1340 | 4548 | 1. Submit a completed written application and appropriate fees | |
1341 | 4549 | as established by the Board; | |
1342 | - | ||
1343 | 4550 | 2. Hold current Registered Nurse and Advanced Practice | |
1344 | 4551 | Registered Nurse licenses (APRN-CNP, APRN-CNS, or APRN-CNM) in the | |
1345 | 4552 | state; | |
1346 | - | ||
1347 | 4553 | 3. Hold current licensure or recognition as an Advanced | |
1348 | 4554 | Practice Registered Nurse in the same role and specialty with | |
1349 | 4555 | prescribing privileges in another state or territory; | |
1350 | - | ||
1351 | 4556 | 4. Submit documentation verifying successful completion of a | |
1352 | 4557 | graduate level advanced practice re gistered nursing education | |
1353 | 4558 | program that included an academic course in pharmacotherapeutic | |
1354 | 4559 | management, and didactic and clinical preparation for prescribing | |
1355 | 4560 | incorporated throughout the program; | |
1356 | - | ||
1357 | - | ENR. S. B. NO. 458 Page 32 | |
1358 | - | ||
1359 | 4561 | 5. Submit a written statement from an Oklahoma licensed | |
1360 | - | physician supervising | |
1361 | - | Board in its | |
1362 | - | the | |
1363 | - | Section 1 | |
1364 | - | ||
4562 | + | physician or supervising Advanced Practice Registered Nurse | |
4563 | + | supervising prescriptive authority as required by the Board in its | |
4564 | + | rules, or submit documentation that the applicant meets the | |
4565 | + | requirements for independ ent prescriptive authority under Section 1 | |
4566 | + | of this act; | |
1365 | 4567 | 6. Meet continued competency requirements as set forth in Board | |
1366 | 4568 | rules; and | |
1367 | - | ||
1368 | 4569 | 7. Provide any and all other evidence as required by the Board | |
1369 | 4570 | in its rules. | |
4571 | + | ||
4572 | + | ENGR. S. B. NO. 458 Page 44 1 | |
4573 | + | 2 | |
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4595 | + | 24 | |
1370 | 4596 | ||
1371 | 4597 | E. An Advanced Practice Registered Nurse license issued under | |
1372 | 4598 | this section shall be renewed concurrently with the reg istered nurse | |
1373 | 4599 | license, provided that qualifying criteria continue to be met. | |
1374 | - | ||
1375 | 4600 | F. The Board may reinstate a license as set forth in Boa rd | |
1376 | 4601 | rules. | |
1377 | - | ||
1378 | - | SECTION 9. AMENDATORY 63 O.S. 2021, Section 2 -312, as | |
1379 | - | amended by Section 2, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 202 3, | |
4602 | + | SECTION 18. AMENDATORY 63 O.S. 2021, Section 2-312, as | |
4603 | + | amended by Section 2, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2022, | |
1380 | 4604 | Section 2-312), is amended to read as follows: | |
1381 | - | ||
1382 | 4605 | Section 2-312. A. A physician, podiatrist, optometrist or a | |
1383 | 4606 | dentist who has complied with the registration requirements of the | |
1384 | 4607 | Uniform Controlled Dange rous Substances Act, in good faith and in | |
1385 | - | the course of such person | |
4608 | + | the course of such person’s professional practice only, may | |
1386 | 4609 | prescribe and administer controlled dangerous substances, or may | |
1387 | 4610 | cause the same to be administered by medical or paramedical | |
1388 | 4611 | personnel acting under the di rection and supervision of the | |
1389 | 4612 | physician, podiatrist, optometrist or dentist, and only may dispense | |
1390 | 4613 | controlled dangerous substances pursuant to the provisions of | |
1391 | 4614 | Sections 355.1 and 355.2 of Title 59 of the Oklahoma Statutes. | |
1392 | - | ||
1393 | 4615 | B. A veterinarian who has comp lied with the registration | |
1394 | 4616 | requirements of the Uniform Controlled Dangerous Substances Act, in | |
1395 | 4617 | good faith and in the course of the professional practice of the | |
1396 | 4618 | veterinarian only, and not for use by a human being, may prescribe, | |
1397 | 4619 | administer, and dispense con trolled dangerous substances and may | |
4620 | + | ||
4621 | + | ENGR. S. B. NO. 458 Page 45 1 | |
4622 | + | 2 | |
4623 | + | 3 | |
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4645 | + | ||
1398 | 4646 | cause them to be administered by an assistant or orderly under the | |
1399 | 4647 | direction and supervision of the veterinarian. | |
1400 | - | ||
1401 | - | ENR. S. B. NO. 458 Page 33 | |
1402 | - | ||
1403 | 4648 | C. 1. An advanced practice nurse Advanced Practice Registered | |
1404 | 4649 | Nurse who is recognized to prescribe by t he Oklahoma Board of | |
1405 | 4650 | Nursing as an advanced registered nurse practitioner, clinical nurse | |
1406 | 4651 | specialist or certified nurse-midwife, a Certified Nurse | |
1407 | 4652 | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife | |
1408 | 4653 | but who has not obtained independent prescriptive authority u nder | |
1409 | 4654 | Section 1 of this act and therefore is subject to medical direction | |
1410 | - | by a supervising physician, pursuant to Section 567.3a of Title 59 | |
1411 | - | of the Oklahoma Statutes, and who has complied with the registration | |
4655 | + | by a supervising physician, or supervising Advanced Prac tice | |
4656 | + | Registered Nurse pursuant to Section 567.3a of Title 59 of the | |
4657 | + | Oklahoma Statutes, and who has complied with the registration | |
1412 | 4658 | requirements of the U niform Controlled Dange rous Substances Act, in | |
1413 | 4659 | good faith and in the course of professional practice only, may | |
1414 | 4660 | prescribe and administer Schedule III, IV and V controlled dangerous | |
1415 | 4661 | substances. | |
1416 | - | ||
1417 | 4662 | 2. An Advanced Practice Registered Nurs e who is recognized to | |
1418 | 4663 | prescribe by the Okla homa Board of Nursing as a Certified Nurse | |
1419 | 4664 | Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife | |
1420 | 4665 | who has obtained independent prescriptive authority under Section 1 | |
1421 | 4666 | of this act, and who has complied with the registration requirements | |
1422 | 4667 | of the Uniform Controlled Dangerous Substances Act, in good faith | |
1423 | 4668 | and in the course of professional practice only, may prescribe and | |
1424 | 4669 | administer Schedule III, IV, and V controlled dangerous substances. | |
1425 | 4670 | ||
4671 | + | ENGR. S. B. NO. 458 Page 46 1 | |
4672 | + | 2 | |
4673 | + | 3 | |
4674 | + | 4 | |
4675 | + | 5 | |
4676 | + | 6 | |
4677 | + | 7 | |
4678 | + | 8 | |
4679 | + | 9 | |
4680 | + | 10 | |
4681 | + | 11 | |
4682 | + | 12 | |
4683 | + | 13 | |
4684 | + | 14 | |
4685 | + | 15 | |
4686 | + | 16 | |
4687 | + | 17 | |
4688 | + | 18 | |
4689 | + | 19 | |
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4691 | + | 21 | |
4692 | + | 22 | |
4693 | + | 23 | |
4694 | + | 24 | |
4695 | + | ||
1426 | 4696 | D. An advanced practice nurse Advanced Practice Registered | |
1427 | 4697 | Nurse who is recognized to order, select, obtain and administer | |
1428 | 4698 | drugs by the Oklahoma Board of Nursing as a certified registered | |
1429 | 4699 | nurse anesthetist Certified Registered Nurse Anesthetist pursuant to | |
1430 | 4700 | Section 353.1b of Title 59 of the Oklahoma Statutes and who has | |
1431 | 4701 | complied with the registration requirements of the Uniform | |
1432 | 4702 | Controlled Dangerous Substances Act, in good faith and in the course | |
1433 | - | of such practitioner | |
4703 | + | of such practitioner’s professional practice only, may order, | |
1434 | 4704 | select, obtain and administer Schedules II through V controlled | |
1435 | 4705 | dangerous substances in a preanesthetic preparation or evaluation; | |
1436 | 4706 | anesthesia induction, maintenance or emergence; or postanesthesia | |
1437 | 4707 | care setting only. A certified registered nurse anestheti st | |
1438 | 4708 | Certified Registered Nurse Anesthetist may order, select, obtain and | |
1439 | 4709 | administer such drugs only during the perioperative or | |
1440 | 4710 | periobstetrical period. | |
1441 | - | ||
1442 | 4711 | E. A physician assistant who is recognized to prescribe by the | |
1443 | 4712 | State Board of Medical Licensure and Supe rvision under the medical | |
1444 | - | ||
1445 | - | ENR. S. B. NO. 458 Page 34 | |
1446 | 4713 | direction of a supervising physician, pursuant to Section 519.6 of | |
1447 | 4714 | Title 59 of the Oklahoma Statutes, and who has complied w ith the | |
1448 | 4715 | registration requirements of the Uniform Controlled Dangerous | |
1449 | 4716 | Substances Act, in good faith and in the course of professional | |
1450 | 4717 | practice only, may prescribe and administe r Schedule II through V | |
1451 | 4718 | controlled dangerous substances. | |
1452 | - | ||
1453 | - | SECTION 10. It being immediately necessary for the preservation | |
1454 | - | of the public peace, health or safety, an emergency is hereby | |
1455 | - | declared to exist, by reason whereof this act shall take effect and | |
1456 | - | be in full force from and after its passage and approval. | |
1457 | - | ||
1458 | - | ||
1459 | - | ENR. S. B. NO. 458 Page 35 | |
1460 | - | Passed the Senate the 19th day of March, 2024. | |
4719 | + | SECTION 19. This act shall become effective November 1, 2023. | |
4720 | + | ||
4721 | + | ENGR. S. B. NO. 458 Page 47 1 | |
4722 | + | 2 | |
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4744 | + | 24 | |
4745 | + | ||
4746 | + | Passed the Senate the 6th day of March, 2023. | |
1461 | 4747 | ||
1462 | 4748 | ||
1463 | 4749 | ||
1464 | 4750 | Presiding Officer of the Senate | |
1465 | 4751 | ||
1466 | 4752 | ||
1467 | - | Passed the House of Representatives the | |
1468 | - | ||
4753 | + | Passed the House of Representatives the ____ day of __________, | |
4754 | + | 2023. | |
1469 | 4755 | ||
1470 | 4756 | ||
1471 | 4757 | ||
1472 | 4758 | Presiding Officer of the House | |
1473 | 4759 | of Representatives | |
1474 | 4760 | ||
1475 | - | OFFICE OF THE GOVERNOR | |
1476 | - | Received by the Office of the Governor this _______ _____________ | |
1477 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
1478 | - | By: _________________________________ | |
1479 | - | Approved by the Governor of the State of Oklahoma this _______ __ | |
1480 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
1481 | - | ||
1482 | - | _________________________________ | |
1483 | - | Governor of the State of Oklahoma | |
1484 | - | ||
1485 | - | ||
1486 | - | OFFICE OF THE SECRETARY OF STATE | |
1487 | - | Received by the Office of the Secretary of State this _______ ___ | |
1488 | - | day of _________________ _, 20 _______, at _______ o'clock _______ M. | |
1489 | - | By: _________________________________ | |
4761 | + |