Legislative Alert

Title 59 Nurse
Tuesday, November 16, 2010


HB1394Paraphrase:allows a certified registered nurse anesthetist to order, obtain and administer drugs in consultation with a licensed medical doctor, osteopathic physician, podiatric physician or dentist. It also modifies the definition of "certified registered nurse anesthetist," stating that they accept responsibility to practice in accordance with nursing standards and functions.
 Principal Authors:Mike Jackson (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline

HB1481Paraphrase:expands the scope of special volunteer licenses to include pharmacists, physician assistants and nurse practitioners. It also removes language related to a parent or guardian signing a statement when professional medical services are provided by a volunteer to a minor.
 Principal Authors:Sally Kern (H), Susan Paddack (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:05/22/2009Current Status:Governor Action - Signed

HB1827Paraphrase:modifies the definition of "certified registered nurse anesthetist" under the Oklahoma Nursing Practice Act to refer to those who administer anesthesia in consultation with a doctor, removing language related to on-site consultation. It allows certified registered nurse anesthetists to order and administer drugs, devices and medical gases in consultation with a licensed medical doctor, osteopathic physician, podiatric physician or dentist.
 Principal Authors:Dennis Johnson (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline

HB1908Paraphrase:removes existing definitions and provides new definitions under the Oklahoma Pharmacy Act. It increases from $1,000 to $3,000 the fine for persons convicted of violations at Board of Pharmacy hearings and allows the board to impose the payment of costs expended for legal fees and costs. The measure also authorizes the board to acquire by purchase, lease, gift or solicitation of gift real, personal or mixed property. It increases from $150 to $250 the fee for applications. It requires assistant pharmacists to meet the same requirements for pharmacists. The measure modifies penalties for manufacturing, packaging or wholesaling dangerous drugs. It makes it unlawful for any person, business or entity to knowingly violate a board order or agreed order, compromise the security of licensure examination materials or fail to notify the board of an address change within 10 days. It modifies penalties for violations of the Oklahoma Pharmacy Act, the Uniform Controlled Dangerous Substances Act or who has committed other illegal acts.
 Principal Authors:Doug Cox (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline

HB2027Paraphrase:requires persons wishing to practice as a licensed behavior analyst or a licensed assistant behavior analyst to apply to the Developmental Disabilities Services Division within the Department of Human Services. It establishes criteria for licensure and license fees. It directs the Department of Health to use funds for specialized training for providers in the Sooner Start program to acquire skills necessary to treat children with autism spectrum disorders. The measure also directs the University Hospitals Authority to use funds for primary care provider evaluation training for providers in the Sooner SUCCESS program to acquire skills necessary to evaluate children with autism spectrum disorders. It directs the Developmental Disabilities Services Division to establish an applied behavioral analysis research pilot project and requires DHS to provide the Legislature and the governor a report by Jan. 1, 2014, about the project. The measure also directs the Oklahoma State Regents for Higher Education to establish a program modeled after Early Foundations, an outreach program that provides early intensive behavioral intervention for children with autism. In the Senate, the bill was amended to encourage the Oklahoma State Regents for Higher Education to provide funding for the autism training program at the University of Central Oklahoma. In the Senate, the bill was amended to require the state's Health Insurance High Risk Pool to cover the screening, diagnosis, testing and treatment of an autism spectrum disorder with no dollar limits, visit limitations, deductibles or co-insurance provisions that are less favorable to an insured individual than the dollar limits, visit limitations, deductibles or coinsurance provisions that apply to the primary plan. It was also amended to provide other definitions and coverage directives related to the plan.
 Principal Authors:Kris Steele (H), Ron Justice (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:04/15/2009Current Status:Senate Amendments - Read

HB2058Paraphrase:increases the inspection frequency of two-floor to four-floor elevator units from every two years to requiring annual inspection.
 Principal Authors:Mike Thompson (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline

HB2320Paraphrase:modifies the definition of "lock" and "locksmith industry" under the Alarm and Locksmith Industry Act. It also increases from 24 to 90 the maximum voltage of electric circuits a person may install or repair under the act without being licensed. It modifies the terms of the Alarm and Locksmith Industry Committee, limiting appointed members to two terms. In the Senate, the bill was amended to exempt those who install or repair electrical circuits consisting entirely of 24 volts or less Class 2 or Class 3 circuits and power source requirements as established by the National Electrical Code from obtaining an electrician's license. The CCR accepts the Senate's amendments.
 Principal Authors:Steve Martin (H), Harry Coates (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed

HB3202Paraphrase:adds a definition of "teeth floating" to the Oklahoma Veterinary Practice Act to state that as provided by a nonveterinary equine dental care provider, it means the removal of enamel points and the smoothing, contouring and leveling of dental arcades and incisors of equine and other farm animals. It also excludes acts of animal husbandry such as teeth floating and farriery from the Oklahoma Veterinary Practice Act. It states that any individual certified by the Oklahoma State Board of Veterinary Medical Examiners to be a nonveterinary equine dental care provider is exempt from the Oklahoma Veterinary Practice Act. The measure directs the state board to annually certify any practitioner of teeth floating and establishes eligibility criteria. It states that prior to July 1, 2010, teeth floaters are to be granted certification upon submission of a signed, notarized affidavit from three people who are residents of the state saying they know the applicant as a nonveterinary equine dental care provider. It requires four hours of continuing education for annual certification renewal for teeth floaters. It requires an equine owner to contact a licensed veterinarian if prescription drugs are to be used in nonveterinary equine dental care procedures, and it allows the owner or nonveterinary equine dental care provider to pick up the drugs. It directs complaints related to teeth floaters to be filed with the state veterinarian, who may investigate complaints. The measure allows the state board to charge a $200 certification fee. The bill also modifies membership of the State Board of Veterinary Medical Examiners, requiring one of the five licensed veterinarian members to be an equine practitioner and one to be a large animal practitioner. The measure also prohibits the use of any controlled dangerous substances as defined in the Uniform Controlled Dangerous Substances Act in teeth floating and to clarify that those who are certified as nonveterinary equine dental care providers are prohibited from performing acts allowed of veterinarians licensed under the Veterinary Practice Act.
 Principal Authors:Don Armes (H), Mike Schulz (S)
 Effective Date: / / Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed

HB3256Paraphrase:allows a certified registered nurse anesthetist, in collaboration with a medical doctor, osteopathic physician, podiatric physician or dentist, to order, select, obtain and administer legend drugs, Schedules II through V controlled dangerous substances, devices and medical gases. It removes language allowing use of certain anesthesia during preanesthetic preparation or evaluation and administering of drugs during perioperative or periobstetrical periods.
 Principal Authors:Gus Blackwell (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline

SB0580Paraphrase:permits long-term care facility pharmacies to maintain controlled dangerous substances in an emergency electronic medication kit used at the facility. The bill limits the use of the substances to emergency medication needs of residents of the long-term care facility. The bill also requires the Oklahoma State Board of Pharmacy to establish rules related to emergency medical kits.
 Principal Authors:Sean Burrage (S), Doug Cox (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:04/21/2009Current Status:Governor Action - Signed

SB0792Paraphrase:removes language referring to administration of anesthesia under the supervision of a physician from the definition of "certified registered nurse anesthetist" under the Oklahoma Nursing Practice Act. It clarifies that certified registered nurse anesthetists are authorized to order or administer drugs, controlled substances, devices and medical gases during a perioperative or periobstetrical period, including preanesthetic preparation and evaluation, anesthesia induction, maintenance and emergence and postanesthesia care.
 Principal Authors:Todd Lamb (S)
 Effective Date: / / Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline

SB1022Paraphrase:allows the insurance commissioner to conduct financial and market conduct examinations. It requires insurers to annually file with the insurance commissioner market conduct annual statements reporting market data of insurers with a $200 filing fee. The bill creates the Oklahoma Annual Financial Report Act to improve surveillance of the insurance commissioner over the financial condition of insurers by requiring an audit of financial conditions of insurers; communication of internal control-related matters noted in an audit; and management's report of internal control over financial reporting. It exempts from the act insurers with less than $1 million in direct premiums in a year and less than 1,000 policy holders. The measure creates an anti-fraud unit within the legal and investigation division of the Insurance Department. It allows a domestic insurer with a policyholder surplus of at least $15 million to be designated as a domestic surplus line insurer. The bill requires discount medical plan organizations to be entities organized under state law or authorized to do business in Oklahoma and registered as a discount medical plan organization with the Insurance Department. It establishes a $50 administrative fee for failing to inform the insurance commissioner of a change of legal name or address within 30 days of the change. It increases from 14 to 21 the number of hours of continuing insurance education required of insurance producers, except title producers and aircraft title producers or others, which are required to complete 16 clock hours of continuing insurance education, including two hours of ethics work. It removes language related to the Oklahoma uninsured motorist coverage law. It removes language prohibiting an insurer from charging a renewal premium rate for a long-term care insurance policy that exceeds by more than 15 percent any premium charged for the policy during the preceding 12 months. The bill also modifies language related to the Employer Health Insurance Purchasing Group Act. It also modifies language related to bail bonds, stating that the business of bail bonds includes all aspects of acting as a bail bondsman. It designates the apprentice adjuster license as an optional license to facilitate the experience, education and training. It modifies language related to the Insurance Adjustors Licensing Act, stating that licenses issued continue for up to 24 months and increases from 12 to 24 the number of continuing insurance education hours required within the previous 24 months for license renewal, including three hours in ethics. It also creates the Medical Professional Liability Insurance Closed Claim Reports Act. It requires an insurer to file a closed claim report with the Insurance Department for claims under a medical professional liability insurance policy, requiring such reports to include certain data, and creates penalties for noncompliance. The measure also repeals language related to the Oklahoma Producer Licensing Act, the Insurance Adjusters Licensing Act and medical professional liability insurance closed claim reports. In the House, the bill was amended to include language prohibiting a waiver of an applicable privilege or claim of confidentiality in the documents or information required to be submitted to the insurance commissioner.
 Principal Authors:Bill Brown (S), Daniel Sullivan (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:05/11/2009Current Status:Governor Action - Signed

SB1086Paraphrase:eliminates the requirement that a certified registered nurse anesthetist, order, act under the supervision of a medical doctor, osteopathic physician, podiatric physician or dentist licensed in this state, requiring only that the anesthetist work "in consultation with" a medical doctor, osteopathic physician, podiatric physician or dentist.
 Principal Authors:Bryce Marlatt (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline

SB1133Paraphrase:creates the Oklahoma Interventional Pain Management and Treatment Act, making it unlawful to practice or offer to practice interventional pain management in the state unless one is licensed under the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act or the Oklahoma Osteopathic Medicine Act. It directs the State Board of Medical Licensure and Supervision to establish guidelines for the standard of care for interventional pain management, including the proper use of fluoroscopy in such practice. It allows the board to impose administrative penalties against anyone who violates any provision of the act or any rule promulgated by the board. The bill allows for osteopathic physicians engaged in interventional pain management to be licensed by the State Board of Osteopathic Examiners. In the House, the bill was amended to include language stating that the Interventional Pain Management and Treatment Act does not prevent a certified registered nurse anesthetist from administering a lumbar intralaminar epidural steroid injection when requested to do so by a physician and under the timely, on-site supervision of an allopathic or osteopathic physician. It prohibits a CRNA from operating a freestanding pain management facility without direct supervision of a physician who is board certified in interventional pain management or its equivalent.
 Principal Authors:Clark Jolley (S), John Trebilcock (H)
 Effective Date: / / Emergency:No
 Status Date:03/02/2010Current Status:House Amendments - Read

SB1181Paraphrase:modifies the Oklahoma Pharmacy Act. The bill adds definitions and clarifies certain language. It requires Board of Pharmacy's executive director be someone who is a licensed pharmacist or is eligible to become a licensed pharmacist in the state. It states that standards for hospital drug rooms shall be consistent with the Oklahoma State Department on Health's hospital standards. The bill also clarifies language related to certified registered nurse anesthetists. The bill clarifies language related to the Board of Pharmacy. The bill clarifies language related to reprimands, increasing the maximum fine from $1,000 to $3,000. It also allows the board to impose as part of any disciplinary action the payment of costs expended by the board for legal fees and costs. The bill also allows the board to obtain real property. The bill increases fees of the board. The measure requires every assistant pharmacist to meet the same requirements for pharmacists listed within statute. The bill creates a felony for impersonating a pharmacist and causing patient harm. The bill also prohibits Internet, Web site or online pharmacies from engaging in selling or offering for sale dangerous drugs, medicines, chemicals or poisons or to accept prescriptions for such without first procuring a license from the State Board of Pharmacy, regardless of whether the sale occurs from this state or occurs and is to be delivered, distributed or dispensed in this state. The measure also makes it unlawful to knowingly violate a Board of Pharmacy order or agreed order; compromise the security of licensure examination materials; or fail to notify the board in writing within 10 days of an address change. The bill also clarifies language related to the confidentiality of information collected during investigations. The bill repeals the existing definitions in statute. It also increases to $300 the yearly license fee for optometrist examinations offered by the Board of Examiners in Optometry.
 Principal Authors:Clark Jolley (S), Doug Cox (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:05/26/2009Current Status:Governor Action - Signed

SB1311Paraphrase:modifies language related to the issuance of special volunteer licenses, allowing it to be issued for a period to be determined by the applicable board. The bill also allows nursing homes with publicly accessible pharmacies to maintain an emergency drug box.
 Principal Authors:Andrew Rice (S), Doug Cox (H)
 Effective Date: / / Emergency:Yes
 Status Date:05/10/2010Current Status:Governor Action - Signed

SB1991Paraphrase:eliminates the requirement that elevator inspectors not employed by the Department of Labor submit insurance information to the commissioner of labor. The bill also permits the commissioner to grant exemptions for certain elevator inspection fees when the inspection for issuance of the certificate of operation coincides with the acceptance test.
 Principal Authors:Roger Ballenger (S)
 Effective Date:07/01/2010Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline

SB1999Paraphrase:defines "animal husbandry" and "teeth floating" and adds animal husbandry, teeth floating and farriery to the list of acts not prohibited under the Oklahoma Veterinary Practice Act. The bill also prohibits practitioners of services exempt from the act from advertising procedures that are illegal for the practitioner to perform under the act.
 Principal Authors:Brian Crain (S), Don Armes (H)
 Effective Date:07/01/2010Emergency:Yes
 Status Date:04/22/2010Current Status:Failed Deadline

SB2054Paraphrase:authorizes the insurance commissioner to require any entity obligated to submit or file documents with the Department of Insurance to electronically file the documents. The bill also clarifies language in the Oklahoma Insurance Code and removes outdated language. The bill also eliminates the requirement to certain funds collected be paid to the state treasury for credit to the General Revenue Fund. The bill eliminates the requirement that the Department of Insurance mail an affidavit of exempt status under the Workers' Compensation Act form to those requesting it but requires the department to make the form available on its Web site. The bill requires insurers that use credit information to provide certain information if the consumer's credit information has been directly influenced by certain events. The bill permits a nonresident life or accident and health insurance broker applicant to receive a license in Oklahoma if they are licensed and in good standing in their home state and if the applicant's home state awards nonresident licenses to Oklahoma residents on the same basis. The bill modifies language related to health benefit plans and eliminates group policies applicable to less than 50 people from the definition. The bill removes commercial lines insurance risks or portions thereof that are not rated according to manual, rating plans or schedules, including "a" rates, from the exemption from review requirements. It creates the Unauthorized Insurers and Surplus Lines Insurance Act. It modifies language referring to surplus line insurers. It requires all licensed administrators to file an annual report for the previous calendar year reviewed by a certified public accountant who shall be independent of the administrator. The bill adds advisory board or advisory organizations to the list of organizations that are required to make loss runs or claims history available to current and former policyholders within thirty 30 days upon a written request by the policyholder. The bill permits a nonresident life or accident and health insurance broker applicant to receive an Oklahoma license if they are licensed and in good standing in their home state, and if the home state of the applicant awards nonresident licenses to residents of Oklahoma on the same basis. The bill amends the Genetic Nondiscrimination in Insurance Act to certain acts on the basis of genetic information. The bill also permits health benefit plans to provide coverage other than those required by law for mental health and substance use disorders. The bill also provides that treatment limitations for mental health and substance abuse disorder benefits will be no more restrictive than the predominant treatment limitations substantially applied to all medical and surgical benefits covered by the plan and that there shall be no separate treatment limitations applicable only to mental health or substance abuse disorder benefits. The bill requires the board to develop a plan to end the business of the Oklahoma Small Employer Health Reinsurance Program. The bill requires the board to submit the plan to the insurance commissioner for approval within 120 days of the effective date of the program's repeal and requires that the plan include, but not be limited to, an accounting of the funds and expenses of the Oklahoma Small Employer Health Reinsurance Program and a detailed description of the method of reimbursement of any funds or monies from the initial assessment to any reinsuring carriers. The bill modifies certain reporting requirements related to medical professional liability insurance policy claims. The bill permits a professional employer organization, or PEO, to use a qualified assurance organization as approved by the commissioner to provide services related to the registration of the PEO. The bill also repeals requirements that copies of volunteer fire department ordinances be submitted to the insurance commissioner. The bill also repeals additional language concerning the Small Employer Health Insurance Reform Act. The bill repeals language related to the application for license as a service warranty association. In the House, the bill was amended to remove the repealer of language under the Service Warranty Insurance Act related to application for license as a service warranty association.
 Principal Authors:Bill Brown (S), Daniel Sullivan (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/06/2010Current Status:Governor Action - Signed

SB2070Paraphrase:amends the requirement that those applying to take the tests or examinations for certain professional licenses from not having been convicted of a felony to not having been convicted of a crime that substantially relates to the profession for which the individual is seeking licensure or poses a reasonable threat to public safety. The bill applies to those seeking licensure as architects and landscape architects, podiatric physicians, cosmetologists, dentists, funeral directors, professional engineers and land surveyors, allopathic physicians, athletic trainers and apprentices, nurses, realtors, real estate appraisers, physical therapists, occupational therapists, psychologists, pawnbrokers, speech-language pathologists and audiologists, professional counselors, marital and family therapists and licensed behavioral practitioners. In the House, the bill was amended to remove sections 5, 8 and 10 from the bill as it related to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, the Oklahoma Nursing Practice Act and the State Dental Act. The CCR adopts the House amendments. The CCR also adds language that exempts employees of state agencies from the requirement of the Therapeutic Recreation Practice Act for the performance of their duties as state employees at health care facilities through June 30, 2013, after which time the requirements of the act shall apply to employees of state agencies.
 Principal Authors:Harry Coates (S), Sue Tibbs (H)
 Effective Date:07/01/2010Emergency:Yes
 Status Date:05/21/2010Current Status:CCR Read - House

SB2086Paraphrase:defines "PAVE program certificate," under the Oklahoma Veterinary Practice Act to mean a certificate issued by the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence for foreign veterinary graduates. It states that the certificate is designed to fulfill licensing requirements of the American Association of Veterinary State Boards and that Oklahoma will recognize foreign veterinary school graduates who successfully complete the PAVE Program certificate.
 Principal Authors:Bryce Marlatt (S), Lee Denney (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:04/22/2010Current Status:Failed Deadline

SB2089Paraphrase:amends the requirement that those applying to take the tests or examinations for certain professional licenses from not having been convicted of a felony to not having been convicted crime that substantially relates to the profession for which the individual is seeking licensure or poses a reasonable threat to public safety. The bill applies to those seeking licensure as architects and landscape architects, podiatric physicians, cosmetologists, dentists, funeral directors, professional engineers and land surveyors, allopathic physicians, athletic trainers and apprentices, nurses, realtors, real estate appraisers, physical therapists, occupational therapists, bail bondsmen, psychologists, pawnbrokers, speech-language pathologists and audiologists, professional counselors, marital and family therapists and licensed behavioral practitioners.
 Principal Authors:Constance Johnson (S)
 Effective Date:07/01/2010Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline

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