| HB1065 | Paraphrase: | directs the Oklahoma State Board of Health to develop rules to post on the Department of Health's Web site a consumer guide or similar resource to assist individuals and families in understanding the services provided by assisted living centers and to compare and select facilities. It also directs the board to develop rules for posting results of routine inspections and complaint investigations of assisted living centers. | ||
| Principal Authors: | George Faught (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 04/17/2009 | Current Status: | Governor Action - Signed | |
| HB1113 | Paraphrase: | adjusts the schedule of fees the State Board of Health may charge for health services and services related to the issuance and renewal of licenses and permits. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 03/12/2009 | Current Status: | Bill Failed - House | |
| HB1311 | Paraphrase: | prohibits persons under age 18 from entering a designated smoking room. | ||
| Principal Authors: | Ken Luttrell (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1394 | Paraphrase: | 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: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1428 | Paraphrase: | establishes the cabinet secretary of safety and security. It abolishes the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission, the Board of Medicolegal Investigations and the Oklahoma State Bureau of Investigation Commission, transferring their perspective duties to their chief executives and place said executives under the supervision of the cabinet secretary of safety and security. | ||
| Principal Authors: | Lucky Lamons (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1535 | Paraphrase: | directs the Oklahoma Health Care Authority to study possible state and federal funding possibilities for the retrofitting and connection of portable generators at nursing and specialized facilities. The bill also provides circumstantial exemption for those facilities from liability during natural or manmade disasters. | ||
| Principal Authors: | Corey Holland (H), Don Barrington (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 03/31/2010 | Current Status: | Failed Deadline | |
| HB1538 | Paraphrase: | authorizes qualified licensed health care professionals who provide services to victims of sexual assault to seek donations from any source for costs associated with services not covered by the Sexual Assault Examination Fund. It also provides an income tax credit equal to 50 percent of the amount of donation made to a non-profit organization with the primary purpose of operating one or more clinics for sexual assault victims. | ||
| Principal Authors: | Corey Holland (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1603 | Paraphrase: | creates the Comprehensive Lawsuit Reform Act of 2009. It states that in any civil action for professional negligence, the plaintiff must attach to the petition an affidavit that includes a written opinion from a qualified expert that the claim has merit. If such an affidavit is not filed, a court may dismiss the petition without prejudice. It sets forth procedures for a plaintiff to request an indigency exemption from providing an affidavit of merit. It requires such person to submit an appropriate application and a nonrefundable application fee of $40. It allows a court to defer all or part of the fee. It directs the Supreme Court to promulgate rules governing determination of indigency by Dec. 1, 2009. The measure also states that a court may decline to exercise jurisdiction and stay, transfer or dismiss the action if it is in the best interest of justice and the convenience of the parties. It allows actions to be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever is first, or filing a stipulation for dismissal signed by all parties appearing in the action. It states that if a plaintiff files a notice of dismissal after discovery has commenced, the action will not be dismissed without prejudice without the consent of the defendant. The bill also modifies the language related to prejudgment interest, stating that beginning Nov. 1, 2009, prejudgment interest shall begin to accrue 24 months after the suit resulting in the judgment was commenced. It directs that postjudgment and prejudgment interest be calculated using a rate equal to the average U.S. Treasury Bill rate of the preceding calendar year. It allows parties to obtain a stay of enforcement of a judgment, decree or final order during the time in which an appeal may be commenced or while an appeal is pending in any court inside or outside of the state. It also prohibits bonds filed when seeking a stay of enforcement from exceeding $25 million. The measure exempts appeals of punitive damages from an appeal bond requirement. The measure adds language related to Medicaid reducing its recovery to take account of the cost of procuring the judgment or settlement, setting forth procedures for the Oklahoma Health Care Authority to seek recovery. The measure sets forth language related to computation of the recovery if a Medicaid payment is less than the judgment or settlement amount and computation of the recovery if Medicaid payments equal or exceed the judgment or settlement amount. It places an additional cap of 10 percent of the net worth of the judgment debtor on bonds in any action or litigation brought involving a signatory, successor of a signatory or affiliate of a signatory of the Master Settlement Agreement or the Smokeless Tobacco Master Settlement Agreement. The bill modifies language related to claims for relief, changing reference from $10,000 to a section of law under the U.S. Code. It prohibits damages sought in excess of $10,000 but less than that set forth in the U.S. Code from exceeding the amount set forth in the pleadings, unless a good-faith-based change in circumstances arises. The bill modifies the definition of "frivolous" for purposes of a court's determination of whether a claim is frivolous. It modifies language related to filings of class actions. It requires a court order determining a class action entered on or after Nov. 1, 2009, to define the class and the class claims, issues or defenses and appoint class counsel. It states that such orders are subject to a de novo standard of review by an appellate court reviewing the order. For certified classes, the court may direct appropriate notice to the class. It limits class membership on actions filed after Nov. 1, 209, to individuals or entities who are residents of the state or non residents who own an interest in property in the state that is relevant to the action or who have a significant portion of the nonresident's cause of action arising from conduct within the state. The measure also modifies language related to dismissal or compromise in class actions, stating that claims, issues or defenses of a certified class may be settled, dismissed or compromised only with the court's approval. It sets forth procedures for such motions filed after Nov. 1, 2009. It also sets forth new language regarding class counsel, stating that a court-certified class must appoint counsel. It allows a court to award reasonable attorney fees and nontaxable costs in a certified class action. The bill also modifies language related to opinion testimony, allowing a qualified expert to testify in the form of an opinion if the testimony is based on sufficient facts or data, is the product of reliable principles and methods and if the witness has applied the principles and methods reliably to the facts of the case. The measure modifies language related to joint and several liability. It makes inapplicable a requirement that a defendant be joint and severally liable for damages if the percentage of responsibility attributed to the defendant is greater than 50 percent on actions brought by or on behalf of the state. It removes language that previously exempted political subdivisions of the state and actions in which no comparative negligence was found to be attributable to the plaintiff. The bill also states that in any civil action arising from a claimed bodily injury, there is no limitation on an award for economic loss. It also modifies the cap on noneconomic damages, instituting a $400,000 cap on noneconomic damages for civil actions arising from a claimed bodily injury, regardless of the number of parties against whom the action is brought or the number of actions brought. The measure also states that upon establishment of a Health Care Indemnity Fund, any damages awarded that exceed the $400,000 limitation are to be paid from the fund; however, such provision does not apply to any action that accrues before the date of enactment of the fund, which is to be established pursuant to the recommendations of a task force. The fund is to include professional liability insurance coverage requirements in an amount no less than $1 million for physicians and maintain availability of $20 million annually. The measure states legislative intent to purchase reinsurance of up to $20 million to cover judgments through the fund. It states that there is no limit on noneconomic damages that may be awarded in civil actions arising from a claimed bodily injury resulting from professional negligence against a physician if a judge and jury finds by clear and convincing evidence that the plaintiff or injured person suffered permanent and substantial physical abnormality or disfigurement, loss of use of a limb, loss of or substantial impairment to a major body organ or system; or the plaintiff or injured person has suffered permanent and physical functional injury that prevents him/her from being able to independently care for himself/herself and perform life sustaining activities; or the defendant's acts or failures to act were in reckless disregard for the rights of others, grossly negligent, fraudulent or intentional or with malice. It places no limit on the amount of noneconomic damages that may be awarded in an action arising from claimed bodily injury not resulting from professional negligence against a physician if it is found by a preponderance of the evidence that one of the three previous scenarios existed. It also sets forth guidelines for the court to enter judgments for economic damages and noneconomic damages. In jury-tried actions, the jury is not to be instructed with regard to the limit on noneconomic damages. It states that the limits are not to apply to actions brought under the Governmental Tort Claims Act or actions for wrongful death. The measure also creates an eight-member Health Care Indemnity Fund Task Force to study a mechanism for creating a health care indemnity fund to pay a portion of damages awarded by a court or settled and approved by a court in professional negligence cases against physicians. It requires the task force to report its findings to the Senate president pro tempore and House speaker by May 1, 2011. It removes the language related to admission of evidence of a remarriage or social situation of a surviving spouse of a decedent in actions to recover damages for injuries resulting in death. The bill modifies the language related to evidence of violations of child passenger restraint system requirements, allowing admission of such evidence in a civil action or proceeding for damages unless the plaintiff is a child under age 16. It prohibits peer review information discovered pursuant to a claim of independent negligence against a health care facility from being used as evidence unless a judge or jury first find the professional to have been negligent in providing health care to the patient in the facility. It allows credentialing and recredentialing data to be used if the civil action claims alleges the health care facility was independently negligent as a result of permitting the health care professional to provide services. The bill creates the Uniform Emergency Volunteer Health Practitioners Act, allowing the Department of Health to limit, restrict or otherwise regulate the duration of practice, geographical areas, types of practice and any other matters of volunteer health practitioners. It allows volunteer health practitioners registered with a registration system and who is licensed and good standing to practice in Oklahoma while an emergency declaration is in effect. The measure creates a Common Sense Consumption Act, the intent of which is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with statutory and regulatory requirements. It states that no firearm manufacturer, distributor or seller who lawfully manufactures, distributes or sells firearms is liable to a person or entity, or to the estate, successors or survivors of either, for any injuries suffered, including wrongful death and property damage, because of the use of a firearm by another. It states a legislative finding that the unlawful use of firearms, rather than their lawful manufacture, distribution or sale, is the proximate cause of any injury arising from their unlawful use. It prevents an association from being liable to any person or entity for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of the association. The measure modifies language related to product liability, stating that a manufacturer or seller is not liable if the product is inherently unsafe and known to be unsafe by the ordinary consumer. The bill also creates the Asbestos and Silica Claims Priorities Act, establishing elements of proof for asbestos or silica claims, requiring a claimant in any civil action alleging an asbestos or silica claim to file a detailed narrative medical report and diagnosis with a claim. It requires such claimants with pending claims on Nov. 1, 2009, to file the written medical report and supporting test results within 180 days of Nov. 1, 2009, or within 60 days prior to the commencement of a trial, whichever comes first. It sets forth information that must be included in new asbestos or silica claims. It requires all asbestos and silica claims to be filed individually and prohibits claims on behalf of a group or class of persons. It sets forth other guidelines governing asbestos and silica claims. The bill also creates the Innocent Successor Asbestos-Related Liability Fairness Act, limiting the cumulative successor asbestos-related liabilities of an innocent successor corporation to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. It adds language relating to the Oklahoma Livestock Activities Liability Limitation Act, adding language related to agritourism activities. The measure also repeals language related to expert affidavits in medical liability actions, prejudgment interest and emergency powers regarding licensing and appointment of health personnel. It makes provisions of the bill severable, providing that if any part or provision is held void, it does not affect or impair the remaining parts or provisions. | ||
| Principal Authors: | Daniel Sullivan (H), Glenn Coffee (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/21/2009 | Current Status: | Governor Action - Signed | |
| HB1627 | Paraphrase: | requires nursing home facilities to report certain serious incidents to law enforcement immediately upon discovery. | ||
| Principal Authors: | Anastasia Pittman (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 03/31/2010 | Current Status: | Failed Deadline | |
| HB1676 | Paraphrase: | transfers the Criminal Justice Resource Center from the Legislative Service Bureau to the Oklahoma State Bureau of Investigation and the Office of the Attorney General effective July 1, 2009. It transfers functions related to administration and research to a newly created Office of Criminal Justice Statistics within the Information Services Division of OSBI, the functions related to data processing and information technology to the Information Technology Systems Division of OSBI and the functions related to the Domestic Violence Fatality Review Board to the Office of the Attorney General. The bill allows OSBI to charge a reasonable user fee for criminal justice agencies that participate in the Offender Data Information System, with such funds being deposited in the OSBI Revolving Fund. The bill also updates previous references to the Criminal Justice Resource Center. It also reduces from 18 to 17 the membership of the Domestic Violence Fatality Review Board. The measure also repeals language recreating the Oklahoma Council on Violence Prevention. In the Senate, the bill was amended to repeal statutes related to the Oklahoma Sentencing Commission. Specifically, it repeals language related to the members and terms of the commission and language related to the recreation of the Oklahoma Council on Violence Prevention. | ||
| Principal Authors: | Pat Ownbey (H), Glenn Coffee (S) | |||
| Effective Date: | 08/26/2009 | Emergency: | No | |
| Status Date: | 05/12/2009 | Current Status: | Governor Action - Signed | |
| HB1728 | Paraphrase: | eliminates legal exemptions for smoking rooms in buildings and smoking in bars or taverns and repeals law relating to their permission. | ||
| Principal Authors: | Doug Cox (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1729 | Paraphrase: | takes from pilot to permanent the informal dispute resolution panel to be offered by the State Department of Health for long-term care facilities. The bill deletes language relating to the pilot programs. | ||
| Principal Authors: | Doug Cox (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 04/17/2009 | Current Status: | Governor Action - Signed | |
| HB1736 | Paraphrase: | provides definitions for "standby assistance" and "supportive home assistant" within the Home Care Act. It prohibits home care agencies from placing individuals in the role of supportive home assistant with a client on a full-time, temporary, per diem or other basis unless he/she has completed agency-based supportive home assistant training taught by a registered nurse. The assistants are required to demonstrate competency by testing through an independent entity. It directs home care agencies to develop a written training plan. It also requires criminal history background checks and checks of the nurse aide registry on assistants. It prohibits home care agencies from employing a supportive home assistant listed on the Department of Human Services' Community Services Worker Registry. | ||
| Principal Authors: | Ron Peters (H), John Ford (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 06/01/2009 | Current Status: | Governor Action - Signed | |
| HB1958 | Paraphrase: | creates the Civil Justice Reform Act of 2009. | ||
| Principal Authors: | Chris Benge (H), Patrick Anderson (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 03/17/2009 | Current Status: | Dormant | |
| HB2026 | Paraphrase: | creates the Health Care for Oklahomans Act, directing the Oklahoma Health Care Authority, in collaboration with the Insurance Department, to establish the Health Care for the Uninsured Board (HUB) to review and establish a system of certification for insurance programs; establish a system for credentialing certified insurance programs; establish a system of counseling, including a Web site for individuals who are without health insurance and are not on Medicaid; and establish a system whereby if an individual qualifies for a subsidy under the premium assistance program, that person is able to become enrolled in the HUB. It directs the insurance commissioner in collaboration with the Oklahoma Health Care Authority, to initiate a program to encourage enrollment of individuals not covered by insurance or Medicaid. It directs health care providers to refer uninsured individuals to HUB. The bill allows insurance carriers to provide standard health benefit plans to individuals under 40 years of age that do not include state-mandated health benefits provided a standard disclaimer is included at the beginning of a plan document. It requires insurance providers offering standard health plans to provide policyholders with a written disclosure statement listing state-mandated benefits not included in the policy and provide notice that purchase of a standard benefit plan may limit future health coverage options. It directs policyholders to sign a disclosure statement for initial coverage to be retained in the records of the insurer who must provide the signed statement to the Oklahoma Insurance Department upon request of the insurance commissioner. It requires health carriers offering one or more standard health benefit plans to offer at least one accident or health insurance policy with state-mandated benefits. It directs health carriers to file with the Oklahoma Insurance Department the rates used for the standard health benefit plan. It directs the insurance commissioner to adopt rules to implement these directives. It authorizes the Oklahoma Health Care Authority as part of the premium assistance program an option to purchase a high-deductible health insurance plan compatible with a health savings account. | ||
| Principal Authors: | Kris Steele (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/06/2009 | Current Status: | Governor Action - Signed | |
| HB2027 | Paraphrase: | 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: | 11/01/2009 | Emergency: | No | |
| Status Date: | 04/15/2009 | Current Status: | Senate Amendments - Read | |
| HB2136 | Paraphrase: | requires nursing facilities to maintain liability insurance coverage of at least $200,000 for each occurrence of negligence. It directs the Oklahoma Health Care Authority to promulgate rules necessary to administer requirement. The bill requires nursing homes that cannot afford insurance or, that are otherwise unable to provide insurance, inform the patient, relative or guardian. | ||
| Principal Authors: | Mike Shelton (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB2251 | Paraphrase: | clarifies the power of the commissioner of health to issue subpoenas. It also creates the Legal Expense Operating Account for the State Department of Health, which shall not exceed in balance more than $10,000. | ||
| Principal Authors: | Randy Terrill (H), Jonathan Nichols (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 03/31/2010 | Current Status: | Failed Deadline | |
| HB2257 | Paraphrase: | modifies language related to temporary managers, stating that they may be held liable in a personal capacity only for the gross negligence, intentional acts, or breaches of fiduciary duty of the manager. It states that the commissioner of health may require a temporary manager to post a bond. It states that he right to such action by any party shall not accrue until after a full accounting has been rendered by the State Department of Health, a final agency order is issued, and the order becomes final for appellate purposes. | ||
| Principal Authors: | Randy Terrill (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB2705 | Paraphrase: | requires veterans' centers to comply with the Nursing Home Care Act within six months of the effective date. It directs the Department of Health to issue licenses to all previously licensed Oklahoma veterans' centers that surrendered their licenses to the department pursuant to state law. It requires all veterans' centers not previously licensed by the department to be required to apply for an initial license. The bill directs the department to assist all veterans' centers in complying with the provisions of the Nursing Home Care Act and may extend the period required for veterans' centers to come into compliance for good cause. The bill states that a resident of a veterans' center shall not lose placement at the center if the resident requires medical or other treatment which results in the resident's temporary placement at a facility other than the veterans' center. | ||
| Principal Authors: | Wallace Collins (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB2986 | Paraphrase: | directs the Department of Health to establish a registry for individuals providing companion or sitter services that are not employed by an agency. | ||
| Principal Authors: | Colby Schwartz (H), John Ford (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/22/2010 | Current Status: | Failed Deadline | |
| HB3198 | Paraphrase: | modifies language related to the Nursing Home Care Act. | ||
| Principal Authors: | Jeff Hickman (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB3251 | Paraphrase: | requires registrants to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control that prescribe, administer or dispense methadone to check the prescription profile of the patient on the central repository of the Bureau of Narcotics and Dangerous Drugs Control beginning Nov. 1, 2010. In the Senate, the bill was amended to prohibit pharmacists from entering into a contract with a pharmacy benefit manager that requires pharmacists to charge a copayment for prescription drugs that is greater than the cash value of the prescription drug. The CCR adds language making it unlawful for a retailer within the state to offer for retail sale to any patron a glass tube, as defined in the bill that may be used to facilitate violations of the Uniform Controlled Dangerous Substances Act. It creates a misdemeanor for a retailer or employee of the retailer to willfully and knowingly commit a violation, punishable by incarceration in county jail for up to one year and/or a fine of at least $1,000. The CCR also removes the language added in the Senate regarding pharmacist contracts. | ||
| Principal Authors: | Sue Tibbs (H), Brian Crain (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| HB3256 | Paraphrase: | 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: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB3322 | Paraphrase: | requires nursing homes to immediately report deaths by unusual circumstance, missing residents, situations arising where criminal intent is suspected and resident abuse, neglect and misappropriation of the property of a resident to local law enforcement upon discovery. | ||
| Principal Authors: | Anastasia Pittman (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| SB0033 | Paraphrase: | prohibits health care providers from pursuing collection efforts for a billed amount in excess of the Medicare reimbursement rate. It requires health care providers to remit any amount billed in excess of 150 percent of the Medicare reimbursement rate to the Oklahoma Uninsured and Underinsured Revolving Fund. The bill also creates the Oklahoma Uninsured and Underinsured Revolving Fund for the Oklahoma Health Care Authority to provide medical assistance to the uninsured and underinsured. The measure directs the authority to mediate disputes over a billed charge if three attempts to informally resolve the issue were unsuccessful and allows the authority to charge a fee for its mediation services. | ||
| Principal Authors: | Jim Wilson (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0034 | Paraphrase: | directs the State Department of Health, in coordination with the Office of State Finance Information Services Division, to develop and implement a statewide electronic health records system on or before July 1, 2010. It states legislative intent that the system be compatible with the Veterans Health Information Systems and Technology Architecture. The measure states that health care facilities require the use of the electronic health records system. It directs facilities to remit 5 percent of the billed amount for each patient visit during which the statewide system was not used to the Oklahoma Uninsured and Underinsured Revolving Fund. The bill also creates the fund, which is to be used by the Oklahoma Health Care Authority to provide medical assistance to the uninsured and underinsured. | ||
| Principal Authors: | Jim Wilson (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0260 | Paraphrase: | creates the Intractable Pain Treatment Act, allowing a physician to prescribe or administer a controlled dangerous substance to a person in the course of his/her treatment of the person for intractable pain. The bill prohibits a hospital or other health care facility from prohibiting or restricting the use of a controlled dangerous substance prescribed by a physician who has staff privileges at the hospital or facility for a person diagnosed and treated by him/her for intractable pain. It authorizes a physician to treat a patient with an acute or chronic painful medical condition with a controlled dangerous substance. The measure requires the physician to undertake certain procedures to ensure the appropriateness of the treatment. The bill also exempts physicians from disciplinary action by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners for prescribing or administering a controlled dangerous substance in the course of treating a person with intractable pain. It also establishes the Intractable Pain Treatment Advisory Committee to advise the Board of Pharmacy on matters relating to intractable pain treatment. | ||
| Principal Authors: | Jay Paul Gumm (S), John Carey (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB0410 | Paraphrase: | creates the Restroom Access Act, requiring retail establishments that have toilet facilities for their employees to allow customers to use them if the establishment does not have a public restroom that is immediately accessible; the employee facility is not located where access would create an obvious health, safety or security risk; the customer requesting use provides evidence of an eligible medical condition; and three or more employees of the establishment are working and physically present on the premises. The bill establishes a misdemeanor for persons who fail to comply with the act, punishable by a maximum $100 fine. | ||
| Principal Authors: | Brian Crain (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0414 | Paraphrase: | requires owners and licensees of nursing homes to maintain sufficient assets to cover all claims resulting from intentional or negligent acts or omissions by employees or agents that injure a resident. It states that a $1 million liability insurance policy can serve as evidence of sufficient assets. If the owner or licensee does not have a $1 million liability insurance policy, the bill states that a direct action may be brought against the officers, partners or members of the corporation or entity that is the owner or licensee and that such persons may be individually liable for injuries and death of a resident. | ||
| Principal Authors: | Richard C. Lerblance (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0436 | Paraphrase: | directs the Department of Health to include in its request for proposal for a stand-alone long-term care facility for sex offenders inmates, parolees, violent offenders found incompetent to stand trial, sex offenders who are not required to register, violent felons and residents who assault others but who are not charged with a crime. The measure also directs facility administrators to preserve the scenes of criminal acts until law enforcement arrives. It also states that if sexual assault is suspected, the administrator must arrange for an examination of a sexual assault nurse examiner or a physician or registered nurse. The bill also requires national criminal history record searches to be conducted on any person employed or contracted and allows exemptions to the requirement. It also requires nursing and specialized facilities, residential care homes, assisted living centers and continuum of care facilities to conduct criminal history background checks on individuals before accepting them as new residents. The measure requires the facility to notify the Department of Health if the check reveals that the person has been convicted of any violent offenses and/or sex offenses. It also requires facilities to notify the Department Health of residents who are registered sex offenders, who have been convicted of a violent offense or who have assaulted other residents at the facility but have not been charged with an offense. | ||
| Principal Authors: | Andrew Rice (S), Randy Terrill (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0479 | Paraphrase: | creates the Oklahoma Interventional Pain Management and Treatment Act. The bill makes it unlawful to practice or offer to practice interventional pain management unless a person is licensed under the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act or the Oklahoma Osteopathic Medicine Act. The measure states that the new law does not forbid the administration of lumbar intra-laminar epidural steroid injections or peripheral nerve blocks by a certified registered nurse anesthetist when requested by a physician and under the supervision of a licensed allopathic or osteopathic physician and under conditions in which timely on-site consultation by such allopathic or osteopathic physician is available. It also prohibits a certified registered nurse anesthetist from operating a freestanding pain management facility without direct supervision of a physician who is board-certified in interventional pain management or its equivalent. It also permits the State Board of Osteopathic Examiners to impose administrative penalties against any person who violates any of the provisions of the act or any rule promulgated under the act. The bill authorizes the board to initiate disciplinary and injunctive proceedings against any person who has violated any provisions of the act or any rule of the board promulgated under the act. The bill also authorizes the board to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of the act or to restrain any violation of the act. The measure also exempts members of the board from being personally liable for proceeding under the act. It requires osteopathic physicians engaged in interventional pain management pursuant to the act to be licensed by the State Board of Osteopathic Examiners. | ||
| Principal Authors: | Clark Jolley (S), John Trebilcock (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/09/2010 | Current Status: | Governor Action - Signed | |
| SB0496 | Paraphrase: | allows any individual applying for institutional care whose income is in excess of the categorical needy standards but whose income does not exceed the statewide median of nursing facility payments to create an income pension trust. It directs that the Medicaid Income Pension Trust be in compliance with rules established by the Oklahoma Health Care Authority. | ||
| Principal Authors: | Jay Paul Gumm (S), Danny Morgan (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB0572 | Paraphrase: | prohibits county boards of health from adopting regulations that are more stringent than state law, rules and regulations of the State Board of Health. It also requires that rules adopted by a city or county governing body relating to food and drink establishments cannot be more stringent than the rules adopted by the State Board of Health. It exempts from such provision any rules adopted prior to May 31, 2008, relating to training and permitting for food managers and handlers and licensing fees. | ||
| Principal Authors: | Brian Crain (S), Ron Peters (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/06/2009 | Current Status: | Governor Action - Signed | |
| SB0599 | Paraphrase: | allows the State Department of Health to establish licensing costs based on reasonable costs for hospitals, residential care homes, adult day care center, continuum of care or assisted living facilities, home care agencies, drug and alcohol testing facilities and workplace medical plans. | ||
| Principal Authors: | Brian Crain (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 02/18/2009 | Current Status: | Senate Committee - Do Pass Failed | |
| Committee: | Appropriations (S) | |||
| SB0647 | Paraphrase: | transfers the Criminal Justice Resource Center from the Legislative Service Bureau to the Oklahoma State Bureau of Investigation and the Office of the Attorney General effective July 1, 2009. It transfers functions related to administration and research to a newly created Office of Criminal Justice Statistics within the Information Services Division of OSBI, the functions related to data processing and information technology to the Information Technology Systems Division of OSBI and the functions related to the Domestic Violence Fatality Review Board to the Office of the Attorney General. The bill also updates previous references to the Criminal Justice Resource Center. It also reduces from 18 to 17 the membership of the Domestic Violence Fatality Review Board. The measure also repeals language recreating the Oklahoma Council on Violence Prevention. | ||
| Principal Authors: | Glenn Coffee (S), Gus Blackwell (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 03/11/2010 | Current Status: | Failed Deadline | |
| SB0666 | Paraphrase: | requires a court to appoint an independent attorney in class actions, if a request for award of attorney fees is made, and directs that the independent attorney be awarded reasonable fees on an hourly basis out of the proceeds awarded to the class. The measure requires that, when using an expert to prove liability, an affidavit regarding consultation with an expert must be filed within 60 days of filing a civil action petition. It requires Oklahoma Uniform Jury Instructions applicable in civil cases to include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax and that compensation for personal injury or wrongful death should not be increased in consideration of taxes. The bill requires juries to render general verdicts, unless the parties requested particular findings of fact. It modifies language related to dismissals. It allows actions to be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever is first, or filing a stipulation for dismissal signed by all parties appearing in the action. It states that if a plaintiff files a notice of dismissal after discovery has commenced, the action will not be dismissed without prejudice without the consent of the defendant. The bill states that no prejudgment interest can begin to accrue until 36 months after the suit resulting in the judgment was commenced. It allows parties to obtain a stay of enforcement of a judgment, decree or final order during the time in which an appeal may be commenced or while an appeal is pending in any court inside or outside of the state. It also prohibits bonds filed when seeking a stay of enforcement from exceeding $25 million or $1 million if the party posting the bond is an individual or business with 250 or fewer employees on the date of judgment. The measure exempts appeals of punitive damages from an appeal bond requirement. It also decreases from 180 to 120 days the time limit for service of process to defendants before the action may be dismissed. The bill modifies the definition of "frivolous" for purposes of a court's determination of whether a claim is frivolous. It requires a court to include a potential member in the class only if the potential member so requests by a specific date. The bill allows a party seeking to recover upon a claim, counterclaim, cross-claim or declaratory judgment to move for summary judgment 20 days after the action commenced or after service of a motion for summary judgment by the adverse party. It allows a defending party to move for summary judgment at any time. The bill also modifies language related to opinion testimony by lay witnesses and allows expert witnesses to offer expert testimony only with respect to the field in which he/she is qualified. It requires the court to hold a mandatory pretrial hearing, if requested by a party, to determine whether a witness qualifies as an expert. In cases of professional liability, the bill allows a jury to award punitive damages, in addition to actual damages, only if the jury finds clear and convincing evidence that the defendant was guilty of intentional or gross negligence. The bill also modifies requirements for the calculation and payment of future damages. The measure removes a requirement that a defendant be jointly and severally liable for damages recoverable by the plaintiff if the percentage of responsibility attributed to the defendant is greater than 50 percent. If a plaintiff receives compensation for harm or injuries from an independent source, the bill requires that information be admitted as evidence and the amount of compensation deducted from the amount of damages the plaintiff recovers. The bill establishes a $300,000 noneconomic damages cap for any action not arising out of contract, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to personal injury. It directs the cap be adjusted annually based on positive increases in the Consumer Price Index. The cap could be lifted if a jury finds by clear and convincing evidence that the acts of the party causing damage were grossly negligent or committed intentionally and with malice. The cap would not apply to actions involving wrongful death. It requires plaintiffs seeking recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value or loss of inheritance to provide evidence of the loss after reduction for income tax payments or unpaid tax liability. The measure removes language that allows evidence of violations of child passenger restraint system requirements to be admitted as evidence in a civil action or proceeding for damages. It prohibits peer review information discovered pursuant to a claim of independent negligence against a health care facility from being used as evidence unless a judge or jury first find the professional to have been negligent in providing health care to the patient in the facility. The measure requires skilled nursing facilities participating in Medicaid to establish and maintain quality assessment and assurance committees and makes records of such committees confidential and privileged and not subject to discovery or subpoenas and persons associated with quality assessment and assurance committee records could not be required to testify. It prohibits statements of deficiencies or Minimum Data Set related documentation issued to a nursing facility from being admitted into evidence unless the determination is final. It also prohibits such data from being used to establish a standard of care or negligence. The measure creates a School Protection Act to allow teachers, principals and other school employees to take reasonable actions to maintain order and discipline. The bill states that anyone age 18 or older who acts with intent to falsely accuse an education employee of criminal activity would be guilty of a misdemeanor punishable by a fine of not more than $2,000. It states that anyone between age 7 and 17 who makes such an accusation would be subject to community service or other court sanctions, at the discretion of the court. The measure states that the limitation for bringing an action for damages based in tort would be eight years from the date of the act or omission. The bill also makes peer review information private, confidential and privileged but allows a peer review body to provide relevant information to a state agency or board that licensed the professional under review. The bill modifies language related to immunity from civil liability for volunteers, stating that being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer. The measure creates a Common Sense Consumption Act, the intent of which is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with statutory and regulatory requirements. It states a legislative finding that the unlawful use of firearms, rather than their lawful manufacture, distribution or sale, is the proximate cause of any injury arising from their unlawful use. The bill exempts from liability firearm manufacturers, distributors and sellers who lawfully manufacture, distribute or sell firearms in cases involving any injury suffered, including wrongful death and property damage, because of the use of a firearm by another. The measure repeals a section of the Oklahoma Mandatory Seat Belt Use Act relating to inadmissibility of evidence in civil actions of failure to use seatbelt and sections relating to limits on noneconomic damages in medical liability actions. | ||
| Principal Authors: | Anthony Sykes (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0713 | Paraphrase: | expands the information to be gathered by the Division of Health Care Information within the Department of Health to include profiles by clinical specialties and nursing services of health care professionals other than physicians and cost data on plant operations, equipment, pharmacy and medical services. The bill requires the Division of Health Care Information to publish a report that itemizes expenditures in the health care industry. | ||
| Principal Authors: | Jim Wilson (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0741 | Paraphrase: | modifies language related to the Oklahoma Health Care Authority and the nursing Facility Quality of Care Fund. It removes obsolete reimbursement dates, requirements for staff ratio requirements and administrative penalties. In the House, the bill was amended to modify language related to the Department of Health's ability to require a facility to maintain a directed plan of shift-based, staff-to-resident ratios, allowing such action if a complaint and/or survey investigation has determined substandard quality of care without compliance as certified by the department by a date certain. It also restores previously stricken language allowing the Oklahoma Health Care Authority to require all nursing facilities subject to the Nursing Home Care Act and intermediate care facilities for the mentally retarded with 17 or more beds to submit a monthly report on staffing ratios on a form to be developed by OHCA beginning after Nov. 1, 2009. The definition of "direct-care staff" was also amended to exclude a description of activity and social services staff as those who are not providing direct, hands-on care to residents. | ||
| Principal Authors: | Clark Jolley (S), John Trebilcock (H) | |||
| Effective Date: | 09/01/2009 | Emergency: | No | |
| Status Date: | 04/22/2010 | Current Status: | Failed Deadline | |
| SB0743 | Paraphrase: | requires a court to appoint an independent attorney in class actions, if a request for award of attorney fees is made, and directs that the independent attorney be awarded reasonable fees on an hourly basis out of the proceeds awarded to the class. The measure requires that, when using an expert to prove liability, an affidavit regarding consultation with an expert must be filed within 60 days of filing a civil action petition. It requires Oklahoma Uniform Jury Instructions applicable in civil cases to include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax and that compensation for personal injury or wrongful death should not be increased in consideration of taxes. The bill requires juries to render general verdicts, unless the parties requested particular findings of fact. It modifies language related to dismissals. It allows actions to be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever is first, or filing a stipulation for dismissal signed by all parties appearing in the action. It states that if a plaintiff files a notice of dismissal after discovery has commenced, the action will not be dismissed without prejudice without the consent of the defendant. The bill states that no prejudgment interest can begin to accrue until 36 months after the suit resulting in the judgment was commenced. It allows parties to obtain a stay of enforcement of a judgment, decree or final order during the time in which an appeal may be commenced or while an appeal is pending in any court inside or outside of the state. It also prohibits bonds filed when seeking a stay of enforcement from exceeding $25 million or $1 million if the party posting the bond is an individual or business with 250 or fewer employees on the date of judgment. The measure exempts appeals of punitive damages from an appeal bond requirement. It also decreases from 180 to 120 days the time limit for service of process to defendants before the action may be dismissed. The bill modifies the definition of "frivolous" for purposes of a court's determination of whether a claim is frivolous. It requires a court to include a potential member in the class only if the potential member so requests by a specific date. The bill allows a party seeking to recover upon a claim, counterclaim, cross-claim or declaratory judgment to move for summary judgment 20 days after the action commenced or after service of a motion for summary judgment by the adverse party. It allows a defending party to move for summary judgment at any time. The bill also modifies language related to opinion testimony by lay witnesses and allows expert witnesses to offer expert testimony only with respect to the field in which he/she is qualified. It requires the court to hold a mandatory pretrial hearing, if requested by a party, to determine whether a witness qualifies as an expert. In cases of professional liability, the bill allows a jury to award punitive damages, in addition to actual damages, only if the jury finds clear and convincing evidence that the defendant was guilty of intentional or gross negligence. The bill also modifies requirements for the calculation and payment of future damages. The measure removes a requirement that a defendant be jointly and severally liable for damages recoverable by the plaintiff if the percentage of responsibility attributed to the defendant is greater than 50 percent. If a plaintiff receives compensation for harm or injuries from an independent source, the bill requires that information be admitted as evidence and the amount of compensation deducted from the amount of damages the plaintiff recovers. The bill establishes a $300,000 noneconomic damages cap for any action not arising out of contract, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to personal injury. It directs the cap be adjusted annually based on positive increases in the Consumer Price Index. The cap could be lifted if a jury finds by clear and convincing evidence that the acts of the party causing damage were grossly negligent or committed intentionally and with malice. The cap would not apply to actions involving wrongful death. It requires plaintiffs seeking recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value or loss of inheritance to provide evidence of the loss after reduction for income tax payments or unpaid tax liability. The measure removes language that allows evidence of violations of child passenger restraint system requirements to be admitted as evidence in a civil action or proceeding for damages. It prohibits peer review information discovered pursuant to a claim of independent negligence against a health care facility from being used as evidence unless a judge or jury first find the professional to have been negligent in providing health care to the patient in the facility. The measure requires skilled nursing facilities participating in Medicaid to establish and maintain quality assessment and assurance committees and makes records of such committees confidential and privileged and not subject to discovery or subpoenas and persons associated with quality assessment and assurance committee records could not be required to testify. It prohibits statements of deficiencies or Minimum Data Set related documentation issued to a nursing facility from being admitted into evidence unless the determination is final. It also prohibits such data from being used to establish a standard of care or negligence. The measure creates a School Protection Act to allow teachers, principals and other school employees to take reasonable actions to maintain order and discipline. The bill states that anyone age 18 or older who acts with intent to falsely accuse an education employee of criminal activity would be guilty of a misdemeanor punishable by a fine of not more than $2,000. It states that anyone between age 7 and 17 who makes such an accusation would be subject to community service or other court sanctions, at the discretion of the court. The measure states that the limitation for bringing an action for damages based in tort would be eight years from the date of the act or omission. The bill also makes peer review information private, confidential and privileged but allows a peer review body to provide relevant information to a state agency or board that licensed the professional under review. The bill modifies language related to immunity from civil liability for volunteers, stating that being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer. The measure creates a Common Sense Consumption Act, the intent of which is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with statutory and regulatory requirements. It states a legislative finding that the unlawful use of firearms, rather than their lawful manufacture, distribution or sale, is the proximate cause of any injury arising from their unlawful use. The bill exempts from liability firearm manufacturers, distributors and sellers who lawfully manufacture, distribute or sell firearms in cases involving any injury suffered, including wrongful death and property damage, because of the use of a firearm by another. The measure repeals a section of the Oklahoma Mandatory Seat Belt Use Act relating to inadmissibility of evidence in civil actions of failure to use seatbelt and sections relating to limits on noneconomic damages in medical liability actions. | ||
| Principal Authors: | Dan Newberry (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0755 | Paraphrase: | requires any person who witnesses and/or suspects a criminal act at a long-term care facility to immediately report the act to the facility administrator or designee. It requires the witness and the administrator or designee to immediately notify emergency medical services, if requested, and the local municipal police department or sheriff's office. It prescribes which criminal acts are to be reported. It also requires notification of the victim's legal representative, the office of the attorney general and the State Department of Health. The bill requires preservation of the suspected crime scene. If a sexual assault or rape is suspected, the bill requires that the victim receive an examination from a sexual assault nurse examiner, physician or registered nurse, with the consent of the victim or his/her legal representative. | ||
| Principal Authors: | Andrew Rice (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0756 | Paraphrase: | removes language exempting certain individuals from a criminal history background check requirement under the Nursing Home Care Act. | ||
| Principal Authors: | Andrew Rice (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0841 | Paraphrase: | requires a national criminal history records search and/or a criminal history check be conducted before any employer makes an offer to employ or contract with a nurse aide or another person to provide nursing care, health-related services or supportive assistance to any individual. The bill permits the national criminal history records search to be conducted by the Oklahoma State Bureau of Investigation or another private entity. The bill permits an employer to make an offer of temporary employment pending the results of the national criminal history records search. The bill clarifies references to criminal history records searches. | ||
| Principal Authors: | Cliff Branan (S), Lewis Moore (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB0902 | Paraphrase: | modifies language related to children under age 12 operating water vessels, prohibiting children under age 12 from operating any personal watercraft and removing language allowing operation if accompanied by a person age 16 or older. The bill also lowers from 0.10 to 0.08 the minimum blood or breath alcohol concentration constituting an offense for operating or being in actual physical control of a water vessel. It states that persons operating water vessels are deemed to have given consent to blood or breath tests to determine alcohol concentration and blood, saliva or urine tests for determining the concentration of any other intoxicating substance, if arrested while operating or in actual physical control of a water vessel while under the influence or if involved in a boating collision that resulted in the immediate death or serious injury. The bill allows only certain licensed physicians and other health care workers who are authorized to draw blood to test the concentration of alcohol or another intoxicating substance. It allows only persons authorized by the Board of Tests for Alcohol and Drug Influence to collect breath, saliva or urine or administer breath tests. The bill prohibits tests on persons under arrest who refuse to submit unless the investigating officer had probable cause. It requires a report of lab findings, a medical examiner's report of investigation or autopsy report or a lab report from a forensic laboratory to be received as evidence of facts and findings, if relevant and admissible in evidence. The CCR adds personal watercraft to the list of vessels powered by a motor or combination of motors in excess of 10 horsepower that no person can cause, allow, authorize or permit a child under 12 years of age to operate. The CCR also lowers from 0.10 to 0.08 the minimum blood or breath alcohol concentration constituting an offense for operating or being in actual physical control of a water vessel. It states that persons operating water vessels are deemed to have given consent to blood or breath tests to determine alcohol concentration and blood, saliva or urine tests for determining the concentration of any other intoxicating substance, if arrested while operating or in actual physical control of a water vessel while under the influence or if involved in a boating collision that resulted in an immediate death or serious injury. The bill allows only certain licensed physicians and other health care workers who are authorized to draw blood to test the concentration of alcohol or another intoxicating substance. It allows only persons authorized by the Board of Tests for Alcohol and Drug Influence to collect breath, saliva or urine or administer tests. The bill prohibits tests on persons under arrest who refuse to submit unless the investigating officer had probable cause. It requires a report of lab findings, a medical examiner's report of investigation or autopsy report or a lab report from a forensic laboratory to be received as evidence of facts and findings, if relevant and admissible in evidence. | ||
| Principal Authors: | Bill Brown (S), Mike Ritze (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/21/2010 | Current Status: | Second CCR Read - House | |
| SB0911 | Paraphrase: | abolishes the Alcoholic Beverage Laws Enforcement Commission and transfers all of its assets, liabilities, records and property to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. The bill also repeals language related to the organization of the ABLE Commission. | ||
| Principal Authors: | Anthony Sykes (S) | |||
| Effective Date: | 01/01/2011 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0926 | Paraphrase: | expands exemptions under the Home Care Act to include an individual, agency or organization that contracts with the Oklahoma Health Care Authority to provide services under the home and community-based waiver for the elderly or that contract with the Department of Human Services to provide community services to the elderly. | ||
| Principal Authors: | John Sparks (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0968 | Paraphrase: | directs the governor to appoint the director or primary executive position for all agencies that provide a position of director that are not currently appointed by the governor or holds the office by statewide election, with such appointments being subject to Senate approval. | ||
| Principal Authors: | Randy Brogdon (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1010 | Paraphrase: | creates the Oklahoma Surrogate Decision Maker Act. It allows a legal guardian or health care surrogate to make a health care decision for a patient age 18 or older who has not executed or issued an advance directive for health care and has been determined to be incapable of making an informed decision regarding health care. It allows certain individuals to make health care decisions for the individual if there is no legal guardian. It directs the attending physician or health care provider to notify all individuals eligible to serve as health care surrogate of a decision by a surrogate to withhold or withdraw treatment when it will likely result in or hasten the death of the patient. It provides for the distribution of materials describing disagreements about medical treatment. The measure directs the Department of Health to maintain a registry listing the identity and contact information for groups in and out of the state that have voluntarily notified the department that they may consider providing counsel, mediation or advocacy concerning medical treatment issues. The bill also states that a surrogate has the same right as the patient to information relevant to the proposed health care and medical records. It prohibits health care providers who carry out the directions of a surrogate under the Oklahoma Surrogate Decision Maker Act from being subject to a claim based on lack of patient counsel or criminal prosecution or discipline for unprofessional conduct. It allows parties interested in the decision of the surrogate to seek expedited judicial intervention in district court for certain actions. | ||
| Principal Authors: | Charlie Laster (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1042 | Paraphrase: | expands exemptions under the Home Care Act to include an individual, agency or organization that contracts with the Oklahoma Health Care Authority to provide services under the home and community-based waiver for the elderly or that contract with the Department of Human Services to provide community services to the elderly. | ||
| Principal Authors: | Clark Jolley (S), Gus Blackwell (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB1087 | Paraphrase: | creates a 9 member Emergency Medical Services Board and transfers to it all powers and duties of the Emergency Services Division of the State Department of Health, along with funding allocations and staff from the State Department of Health to the Emergency Medical Services Board. It establishes requirements for membership, conduct of meetings and timing and content of reports. It authorizes the board to promulgate rules necessary to implement the provisions of the Oklahoma Emergency Response Systems Development Act. | ||
| Principal Authors: | Bryce Marlatt (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1119 | Paraphrase: | allows the director of the Bureau of Narcotics and Dangerous Drugs Control to appoint a chief of law enforcement information and technology and program administrators. It increases the practitioners' registration fee from $70 to $140 per year; home care agencies' registration fee from $70 to $140 per year; distributors' registration fee from $100 to $300 per year; manufacturers' registration from $200 to $500 per year; and the manufacturer, wholesaler or distributor of drugs containing pseudoephedrine or phenylpropalamine fee from $100 to $300. The bill also adds definitions of "recipient" and "recipient's agent" to the Anti-Drug Diversion Act. The bill provides an exemption to resident and nonresident drug outlets from the picture identification requirement if identification is obtained through a patient's prescription benefit plan. The bill modifies the information required for each dispensation of certain drugs to include the recipient's address and date of birth. It also requires dispensing information to be transmitted to OBNDD within 24 hours of dispensing or if the drug outlet mails or delivers a controlled substance to a patient, information must be transmitted within seven days. | ||
| Principal Authors: | Anthony Sykes (S), Randy Terrill (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 06/02/2009 | Current Status: | Governor Action - Signed | |
| SB1289 | Paraphrase: | expands circumstances under which a long-term care facility employer is prohibited from hiring an individual to include if the results of a criminal history background check reveal he/she pled guilty or no contest to or received a deferred sentence for certain crimes. | ||
| Principal Authors: | Harry Coates (S), Danny Morgan (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/28/2010 | Current Status: | Governor Action - Signed | |
| SB1299 | Paraphrase: | allows a county health department, district health department, cooperate health department or city-county health department to provide primary care services. | ||
| Principal Authors: | Jim Wilson (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1325 | Paraphrase: | modifies language related to the prescribed form for an Oklahoma do-not-resuscitate consent form. | ||
| Principal Authors: | Patrick Anderson (S), John Enns (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| SB1593 | Paraphrase: | directs the Oklahoma Health Care Authority to study the use of federal and state funding to retrofit nursing homes and specialized care facilities with portable generators to be used during emergency situations. The bill requires the authority to submit a funding plan to the governor and Legislature by Sept. 20, 2011, that would provide incentives for the facilities to retrofit or purchase the generators. The bill also requires that facilities that have purchased or made improvements for emergency power capabilities in the past eight years to be included in any incentive program. | ||
| Principal Authors: | Jim Halligan (S), Cory T. Williams (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB1701 | Paraphrase: | requires all direct care staff employed by a licensed nursing facility, residential care home, adult day care center, assisted living center, continuum of care facility, hospice or home care agency to complete at least four hours of in-service training annually in the care of individuals with Alzheimer's disease and other forms of dementia. It directs the Department of Health to establish a system for certifying individuals to provide such training and establishes minimum requirements. The measure allows the department to fine entities up to $100 per person per any 30-day period in which a direct care staff person does not receive the required training. | ||
| Principal Authors: | Thomas Ivester (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1809 | Paraphrase: | eliminates all exemptions from the prohibition of smoking in public places. The bill also requires that restaurants be totally nonsmoking or provide nonsmoking areas and designated smoking rooms until Sept. 1, 2012. The bill prohibits a new or existing restaurant from adding a designated smoking room after Sept. 1, 2010. The bill permits smoking in a cigar bar under certain circumstances. The bill also repeals language that allows smoking in areas where gaming and simulcast wagering are held. | ||
| Principal Authors: | David Myers (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1826 | Paraphrase: | clarifies language related to the Smoking in Public Places and Indoor Workplaces Act. | ||
| Principal Authors: | Brian Crain (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1844 | Paraphrase: | modifies language relating to required minimum sentences, requiring a person to serve not less than 65 percent of the sentence imposed for certain felony offenses committed on or after the effective date of the act. | ||
| Principal Authors: | Richard C. Lerblance (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1855 | Paraphrase: | adds language related to the Comprehensive Childhood Lead Poisoning Program, requiring the State Board of Health to promulgate rules for establishing procedures to notify current and future tenants of lead hazards in dwelling units where a child with an elevated blood lead level has been identified, establish lead safe standards in dwelling units and establish a regulatory structure and enforcement process that assures electronic reporting of all blood lead levels. It also modifies language to require the Childhood Lead Poisoning Prevention Advisory Council to consist of seven members appointed by the commissioner of health. The measure also requires county health departments to perform an annual audit of lead toxicity screens of children from the age of six months to 72 months and to report the results to the Legislature within 30 days of completion. It also makes the administrator of a county department of health who knowingly or recklessly fails to report the results of the audit within the specified amount of time subject to disciplinary action, including but not limited to, suspension or dismissal. The bill also requires the State Department of Health to annually designate one week of the year as "Heavy Metals Safety Week" and to develop and implement a heavy metals safety campaign. It requires the State Department of Health, in conjunction with the State Board of Education, to coordinate the development and implementation of an elementary education learning unit and a related public advertising campaign devoted to the effects of exposure to heavy metals. | ||
| Principal Authors: | Brian Crain (S), Doug Cox (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB1879 | Paraphrase: | adds language relating to the Nursing Home Care Act, requiring situations where rape or any other criminal act is suspected to be reported to local law enforcement immediately. The bill also requires facilities to make every effort to preserve the scene of the suspected rape or crime until local law enforcement arrives. | ||
| Principal Authors: | Dan Newberry (S), Mike Thompson (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/06/2010 | Current Status: | Governor Action - Signed | |
| SB1891 | Paraphrase: | creates the "Freedom of Conscience Act." It prohibits an employer from discriminating against an employee or prospective employee by refusing to reasonably accommodate that person's religious observance or practice in regards to an abortion unless the pregnant woman suffers from certain conditions, an experiment or medical procedure that destroys an in vitro human embryo or uses cells derived from the destruction of an in vitro human embryo, an experiment or medical procedure on an in vitro human embryo not related to beneficial treatment of the embryo, an experiment or medical procedure on a developing child in an artificial womb that is not related to the beneficial treatment of that child, a procedure that uses fetal tissue or organs that come from a source other than a stillbirth or miscarriage or an act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia or mercy killing. The bill also directs that no health care facility is required to admit a patient or allow the use of the facility for the purpose of any acts specified in this act. An employee who refuses to participate in any of these procedures in writing shall not be required to participate and shall not be disciplined. It also directs that any employee is immune from liability for any damage caused by a refusal to participate in the procedures. The bill also prohibits any health care facility, school or facility from discriminating against a person on the ground that the person refuses or states an intention to refuse in any of the stated procedures. It also allows anyone who is adversely affected by conduct in violation of the act to bring a civil action for equitable relief. The bill also repeals current statutory language related to the Freedom of Conscience Act. | ||
| Principal Authors: | Anthony Sykes (S), Pam Peterson (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 04/02/2010 | Current Status: | Governor Action - Signed | |
| SB1984 | Paraphrase: | clarifies language related to the Smoking in Public Place and Indoor Workplaces Act. | ||
| Principal Authors: | Clark Jolley (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2036 | Paraphrase: | creates the Donda West Office-Based Surgery Safety Act. The bill requires each office-based practice to develop and implement policies and procedures to assist in providing safe and quality surgery care, assure consistent personnel performance and promote an awareness and understanding of the inherent rights of patients. The bill establishes minimum requirements for the policies and procedures. The bill also establishes certain licensing, equipment and training requirements. The bill exempts procedures performed by oral surgeons licensed to practice dentistry who also are physicians licensed to practice medicine when the procedure is exclusively for the practice of dentistry. | ||
| Principal Authors: | Constance Johnson (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2069 | Paraphrase: | directs the State Department of Health to promulgate rules, procedures and forms for the collection of data on all deaths occurring in the state, specifically deaths directly and indirectly related to drug and alcohol and to compile the data into a statistical report to be delivered to the governor, Senate president pro tempore, House speaker and the State Board of Funeral Directors by Nov. 1 of each year beginning Nov. 1, 2011, and continuing until Nov. 1, 2017. The bill establishes confidentiality requirements for certain data in the report and allows the report to be used for public education purposes and for the determination of state and local resource allocation for drug and alcohol prevention or treatment. The bill requires certain persons to report information related to deaths on forms prescribed by the State Department of Health. The bill also allows the State Department of health to utilize the Health Care Information Advisory Committee to assist with data collection and analysis of the information to be included in the report. The bill also grants immunity in any civil action to any person who submits or receives data in good faith. | ||
| Principal Authors: | Harry Coates (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |