Oklahoma 2025 Regular Session

Oklahoma House Bill HB1812 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1812 By: Newton
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3838 AS INTRODUCED
3939
4040 An Act relating to supervision of Advanced Practice
4141 Registered Nurses; providing definitions; providing
4242 eligibility requirements for phys icians; providing
4343 limits; providing for exceptions; providing certain
4444 responsibilities; providing for disciplinary action;
4545 authorizing penalties; providing for codification;
4646 and providing an effective date .
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5252 BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
5353 SECTION 1. NEW LAW A new section of l aw to be codified
5454 in the Oklahoma Statutes as Section 479 of Title 59, unless there is
5555 created a duplication in numbering, reads as follows:
5656 A. As used in this section:
5757 1. "Advanced Practice Registered Nurse " or "(APRN)" means a
5858 registered nurse who has obtained a license from the Oklahoma Board
5959 of Nursing to practice advanced registered nursing;
6060 2. "Board" means the State Board of Osteopathic Examiners or
6161 State Board of Medica l Licensure and Supervision;
6262 3. "Mid-level provider" means a licensed Advance d Practice
6363 Registered Nurse by the Oklahoma Board of Nursing or a Physician 's
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9090 Assistant licensed by the Oklahoma Board of Medical Licensure and
9191 Supervision;
9292 4. "Proper physician supervision" means that the supervising
9393 physician routinely reviews the prescribing patterns of an Advanced
9494 Practice Registered Nurse under his or her supervision and that the
9595 supervising physician is available to the Advanced Practice
9696 Registered Nurse for consultation in-person or by telemedicine
9797 within a reasonable timeframe not exceeding forty-eight (48) hours;
9898 5. "Supervising physician " means a licensed allopathic or
9999 osteopathic physician in good standing who is responsible for
100100 supervising and oversee ing the prescribing practices of an Advanced
101101 Practice Registered Nurse ; and
102102 6. "Verified complaint" means the formal allegation of at least
103103 one violation of statutes or administrative rules against a
104104 physician filed by the board.
105105 B. To be eligible to ser ve as a supervising physician for an
106106 Advanced Practice Registered Nurse, an al lopathic or osteopathic
107107 physician shall meet the following criteria:
108108 1. Have possession of a full and unrestricted Oklahoma license
109109 to practice allopathic or osteopathic medicin e;
110110 2. Have possession of a valid permit to prescribe controlled
111111 drugs with the Drug Enforcement Agency (DEA) and Oklahoma Bureau of
112112 Narcotics and Dangerous Drugs Control (OBNDD); and
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139139 3. Be fully trained and qualified in the field of the APRN 's
140140 specialty or in the services and procedures the APRN is to provide.
141141 C. A supervising physician may charge a reasonable fee to the
142142 APRN for his or her supervision services, which shall be disclosed
143143 in a written agreement. Any fees charged by a supervising physician
144144 shall be appropriate based on the actual duties and responsibilities
145145 of the supervising physician as outlined in a written agreement.
146146 The fees charged shall be a fair -market-value hourly rate as defined
147147 by the respective board biannually. A supervising physician who
148148 charges an Advanced Practice Registered Nurse for supervision
149149 services and fails to provided proper physician supervision may be
150150 subject to discipline by the physician 's respective board. This
151151 subsection does not relate to or impact any comp ensation a
152152 supervising physician receives from his or her employer or health
153153 care entity for supervision services. It only pertains to
154154 compensation received directly from the APRN.
155155 D. All supervising physicians shall have a written agreement
156156 with each APRN he or she supervises. The written agreement shall
157157 outline any fees charged for supervision services, the scope of the
158158 Advanced Practice Registered Nurse 's practice, including any
159159 limitations on prescribing controlled drugs, and the extent of the
160160 supervision required. The physician shall file t he written
161161 agreement with the respective licensing board.
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188188 E. A supervising physician shall notify Advance Practice
189189 Registered Nurses under his or her supervision of reasonably
190190 anticipated periods of unavailabilit y or incapacity on the part of
191191 the supervising physicians. Notice shall be gi ven by the method
192192 agreed to by the supervising physician and the Advanced Practice
193193 Registered Nurse within the written supervision agreement.
194194 F. The supervising physician shall report to the Board and
195195 Advanced Practice Registered Nurse any changes to the supervising
196196 relationship within fourteen (14) days, including the addition or
197197 removal of an Advanced Practice Registered Nurse or changes to the
198198 practice address, cell phone numb ers, the scope of the supervision
199199 relationship, or prescriptive authority.
200200 G. The Board shall not charge any fees to supervising
201201 physicians or Advanced Practice Registered Nurses for the
202202 maintenance and tracking of the supervision relationship.
203203 H. The Board shall promulgate rules establishing the
204204 expectations for providing proper supervision to Advanced Practice
205205 Registered Nurses, including:
206206 1. The charging of reasonable fees to provide supervision
207207 services;
208208 2. Continuous availability of direct communic ations either in
209209 person or by electronic communications between the APRN and
210210 supervising physician;
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237237 3. Oversight and acceptance of responsibility for the ordering
238238 and transmission of written, telephonic electronic, or oral
239239 prescriptions for drugs and othe r medical supplies, subject to a
240240 defined formulary in Section 567.3a of Title 59 of the Oklahoma
241241 Statutes;
242242 4. Regular chart review;
243243 5. The delineation of a plan for emergencies; and
244244 6. The designation of an alternate physician in the absence of
245245 the supervising physician.
246246 I. Failure to comply with these rules may result in
247247 disciplinary action by the board.
248248 J. The Executive Director of the respective board shall report
249249 annually to the Board the number of complaints received in relation
250250 to this section of law.
251251 K. The Executive Director of the respective board shall create
252252 and maintain a list of physicians on the agency 's official website
253253 who are willing to serve as a supervising physician to an Advanced
254254 Practice Registered Nurse licensed in Oklahoma.
255255 SECTION 2. This act shall become effective November 1, 2025.
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257257 60-1-10618 TJ 01/14/25