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36 | 35 | | |
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37 | 36 | | |
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38 | 37 | | An Act relating to medical marijuana; amending 63 |
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39 | 38 | | O.S. 2021, Section 427.10, as amended by Section 12, |
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40 | 39 | | Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2024, Section |
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41 | 40 | | 427.10), which relates to physician recommendations; |
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42 | 41 | | updating statutory language; requiring creation and |
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43 | 42 | | maintenance of certain registry; providing certain |
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44 | 43 | | requirements for listing on registry ; requiring |
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45 | 44 | | promulgation of certain rules; and declaring an |
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46 | 45 | | emergency. |
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47 | 46 | | |
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48 | 47 | | |
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49 | 48 | | |
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50 | 49 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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51 | 50 | | SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.10, as |
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52 | 51 | | amended by Section 12, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2024, |
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53 | 52 | | Section 427.10), is amended to read as follows: |
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54 | 53 | | Section 427.10. A. Only licensed Oklahoma allopathic, |
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55 | 54 | | osteopathic and podiatric physicians may provide a medical marijuana |
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56 | 55 | | recommendation for a medical marijuana patient license under the |
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57 | 56 | | Oklahoma Medical Marijuana and Patient Protection Act. |
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58 | 57 | | B. A physician who has not completed his or her first residency |
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59 | 58 | | shall not meet the definition of “physician” under this section and |
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60 | 59 | | any recommendation for a medical marijuana patient license shall not |
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61 | 60 | | be processed by the Oklahoma Medical Marijuana Authority. |
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90 | 90 | | municipal or county statute, ordinance or resolution, including |
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91 | 91 | | without limitation a civil penalty or disciplinary action by the |
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92 | 92 | | State Board of Medical Licensure and Supervision, the State Board of |
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93 | 93 | | Osteopathic Examiners, the Board of Podiatric Medical Examiners or |
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94 | 94 | | by any other business, occupation or professional licensing board or |
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95 | 95 | | bureau, solely for providing a medical marijuana recommendation for |
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96 | 96 | | a patient or for monitoring, treating or prescribing scheduled |
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97 | 97 | | medication to patients who are medical marijuana licensees. The |
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98 | 98 | | provisions of this subsection shall not prevent the relevant |
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99 | 99 | | professional licensing boards from sanctioning a physici an for |
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100 | 100 | | failing to properly evaluate the medical condition of a patient or |
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101 | 101 | | for otherwise violating the applicable physician -patient standard of |
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102 | 102 | | care. |
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103 | 103 | | D. A physician who recommends use of medical marijuana shall |
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104 | 104 | | not be located at the same physical address as a licensed medica l |
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105 | 105 | | marijuana dispensary. |
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106 | 106 | | E. If the physician determines the continued use of medical |
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107 | 107 | | marijuana by the patient no longer meets the requirements set forth |
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108 | 108 | | in the Oklahoma Medical Marijuana and Patient Protection Act, the |
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109 | 109 | | physician shall notify the Oklahoma Medical Marijuana Authority and |
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110 | 110 | | the license shall be immediately voided without right to an |
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111 | 111 | | individual proceeding. |
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140 | 141 | | to provide a medical marijuana recommendation to a licensed patient, |
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141 | 142 | | a physician shall be registered with the Authority. |
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142 | 143 | | G. To be registered with the Authority, a physician shall |
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143 | 144 | | comply with the medical education and continuing medical education |
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144 | 145 | | requirements described in this section and shall meet all other |
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145 | 146 | | requirements established by law or rule for the recommending |
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146 | 147 | | physician’s respective licensure board. The medical education |
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147 | 148 | | related to medical marijuana shall be completed prior to the |
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148 | 149 | | physician being listed on the re gistry and shall be completed |
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149 | 150 | | annually to remain on the registry. |
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150 | 151 | | H. The Executive Director of the Oklahoma Medical Marijuana |
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151 | 152 | | Authority shall promulgate rules to establish initial medical |
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152 | 153 | | education and continuing medical education requi rements for |
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153 | 154 | | recommending physicians. The State Board of Medical Licensure and |
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154 | 155 | | Supervision, the State Board of Osteopathic Examiners, and the Board |
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155 | 156 | | of Podiatric Medical Examiners may consult with the Executive |
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156 | 157 | | Director of the Authority to develop or identify a list of approv ed |
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157 | 158 | | medical education courses for recommending physicians. |
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158 | 159 | | SECTION 2. It being immediately necessary for the preservation |
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159 | 160 | | of the public peace, health or safety, an emergency is hereby |
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160 | 161 | | declared to exist, by reason whereof this act shall take effect and |
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161 | 162 | | be in full force from and after its passage and approval. |
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