1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 597 By: Newhouse
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6 AS INTRODUCED
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7 An Act relating to the State Board of Medical
7 Licensure and Supervision; amending 59 O.S. 2021,
8 Section 481, which relates to membership of the
8 Board; allowing graduates of certain foreign medical
9 schools to serve on the Board; allowing retired
9 physicians to serve on the Board under certain
10 condition; amending 59 O.S. 2021, Section 482, which
10 relates to appointment to the Board; limiting certain
11 restriction on appointment; amending 59 O.S. 2021,
11 Section 509.1, which relates to disciplinary actions;
12 making letters of concern privileged; requiring Board
12 to keep certain information confidential and
13 privileged; permitting information to be offered in
13 certain proceedings; providing certain exclusions
14 from specified law and proceedings; authorizing
14 certain provision to of information under specified
15 conditions; amending 59 O.S. 2021, Section 503.2,
15 which relates to administrative remedies for licensee
16 violations; specifying applicability of remedies;
16 amending 59 O.S. 2021, Section 536.8, which relates
17 to Registered Electrologists; eliminating certain
17 requirements for licensees; amending 59 O.S. 2021,
18 Sections 2030 and 3203, which relate to duties of the
18 Board; excluding social security number from certain
19 information sharing requirements; establishing
19 Anesthesiologist Assistants Advisory Committee;
20 providing for appointment of members, expiration of
20 terms, and filling of vacancies; prohibiting
21 compensation; stating powers and duties; amending 59
21 O.S. 2021, Section 4000.1, as amended by Section 1,
22 Chapter 279, O.S.L. 2022 (59 O.S. Supp. 2022, Section
22 4000.1), which relates to grounds for denial of a
23 license or certification to practice an occupation;
23 modifying applicability of section; providing for
24 codification; and providing an effective date.
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Req. No. 1376 Page 1
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3 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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4 SECTION 1. AMENDATORY 59 O.S. 2021, Section 481, is
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5 amended to read as follows:
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6 Section 481. A. A State Board of Medical Licensure and
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7 Supervision hereinafter referred to as the “Board”, is hereby re-
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8 created, to continue until July 1, 2024, in accordance with the
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9 provisions of the Oklahoma Sunset Law. The Board shall be composed
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10 of seven (7) allopathic physicians licensed to practice medicine in
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11 this state and represent the public and four (4) lay members.
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12 B. The physician members of the Board shall be graduates of
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13 legally chartered medical schools recognized by the Oklahoma State
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14 Regents for Higher Education or the Liaison Council on Medical
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15 Education or foreign medical schools recognized by the State Board
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16 of Medical Licensure and Supervision. The physician members shall
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17 have:
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18 1. Be currently licensed physicians who have actively practiced
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19 as licensed physicians continuously in this state for the three (3)
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20 years immediately preceding their appointment to the Board; or
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21 2. Be retired physicians; provided, that such physicians must
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22 demonstrate satisfactorily to the Board that since retirement they
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23 have remained in compliance with, and are currently in compliance
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24 with, continuing medical education requirements of the Board.
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Req. No. 1376 Page 2
 1 C. All members of the Board shall be residents of this state
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2 and shall be appointed by the Governor as provided for in Section
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3 482 of this title. All present members of the Board shall continue
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4 to serve for the remainder of their current terms.
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5 SECTION 2. AMENDATORY 59 O.S. 2021, Section 482, is
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6 amended to read as follows:
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7 Section 482. Physician members of the State Board of Medical
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8 Licensure and Supervision shall be appointed for terms of seven (7)
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9 years. The lay members of the Board shall serve terms coterminous
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10 with that of the Governor and until a qualified successor has been
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11 duly appointed and shall serve at the pleasure of the Governor. No
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12 member shall be appointed to serve more than two complete
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13 consecutive terms. Each physician member shall hold office until
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14 the expiration of the term for which appointed or until a qualified
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15 successor has been duly appointed. An appointment shall be made by
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16 the Governor within ninety (90) days after the expiration of the
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17 term of any member or the occurrence of a vacancy on the Board due
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18 to resignation, death, or any cause resulting in an unexpired term.
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19 The appointment of allopathic physicians shall be made from a list
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20 of three names submitted to the Governor by the Oklahoma State
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21 Medical Association. The Association may submit names of members or
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22 nonmembers of the Association. No member of the Board shall be a
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23 stockholder in or full-time salaried or full-time geographic member
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24 of the faculty or board of trustees of any medical school.
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 1 SECTION 3. AMENDATORY 59 O.S. 2021, Section 509.1, is
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2 amended to read as follows:
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3 Section 509.1. A. RANGE OF ACTIONS: The State Board of
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4 Medical Licensure and Supervision may impose disciplinary actions in
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5 accordance with the severity of violation of the Oklahoma Allopathic
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6 Medical and Surgical Licensure and Supervision Act. Disciplinary
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7 actions may include, but are not limited to the following:
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8 1. Revocation of the medical license with or without the right
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9 to reapply;
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10 2. Suspension of the medical license;
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11 3. Probation;
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12 4. Stipulations, limitations, restrictions, and conditions
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13 relating to practice;
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14 5. Censure, including specific redress, if appropriate;
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15 6. Reprimand;
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16 7. A period of free public or charity service;
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17 8. Satisfactory completion of an educational, training, and/or
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18 treatment program or programs; and
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19 9. Administrative fines of up to Five Thousand Dollars
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20 ($5,000.00) per violation.
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21 Provided, as a condition of disciplinary action sanctions, the Board
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22 may impose as a condition of any disciplinary action, the payment of
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23 costs expended by the Board for any legal fees and costs and
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24 probation and monitoring fees including, but not limited to, staff
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 1 time, salary and travel expense, witness fees and attorney fees.
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2 The Board may take such actions singly or in combination as the
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3 nature of the violation requires.
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4 B. LETTER OF CONCERN: The Board may authorize the secretary to
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5 issue a confidential and privileged letter of concern to a licensee
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6 when evidence does not warrant formal proceedings, but the secretary
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7 has noted indications of possible errant conduct that could lead to
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8 serious consequences and formal action. The letter of concern may
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9 contain, at the secretary’s discretion, clarifying information from
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10 the licensee.
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11 C. EXAMINATION/EVALUATION: The Board may, upon reasonable
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12 cause, require professional competency, physical, mental, or
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13 chemical dependency examinations of any licensee, including
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14 withdrawal and laboratory examination of body fluids.
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15 D. DISCIPLINARY ACTION AGAINST LICENSEES:
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16 1. The Board shall promulgate rules describing acts of
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17 unprofessional or unethical conduct by physicians pursuant to the
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18 Oklahoma Allopathic Medical and Surgical Licensure and Supervision
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19 Act; and
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20 2. Grounds for Action: The Board may take disciplinary action
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21 for unprofessional or unethical conduct as deemed appropriate based
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22 upon the merits of each case and as set out by rule. The Board
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23 shall not revoke the license of a person otherwise qualified to
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24 practice allopathic medicine within the meaning of the Oklahoma
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 1 Allopathic Medical and Surgical Licensure and Supervision Act solely
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2 because the person’s practice or a therapy is experimental or
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3 nontraditional.
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4 Reports of all disciplinary action provided for in this section
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5 will be available to the public upon request. Investigative files
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6 shall remain confidential and privileged. The Board, its employees,
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7 or other agents of the Board shall keep confidential and privileged
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8 all information that initiated, was obtained during, or is related
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9 to an investigation into possible violations of any and all acts
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10 governing any and all professional licensees under the legislative
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11 jurisdiction of the State Board of Medical Licensure and
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12 Supervision. However, such information may be offered by the state
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13 in administrative proceedings before the Board and if admitted the
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14 information then becomes a public record. Unless admitted into
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15 administrative proceedings, the information shall not be deemed to
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16 be a record as that term is defined in the Oklahoma Open Records
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17 Act, nor shall the information be subject to subpoena or discovery
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18 in any civil or criminal proceedings, except that the Board may give
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19 such information to law enforcement and other state agencies as
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20 necessary and appropriate in the discharge of the duties of that
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21 agency and only under circumstances that ensure against unauthorized
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22 access to the information.
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23 E. SURRENDER IN LIEU OF PROSECUTION:
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 1 1. The Board may accept a surrender of license from a licensee
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2 who has engaged in unprofessional conduct in lieu of Board staff
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3 prosecuting a pending disciplinary action or filing formal
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4 disciplinary proceedings only as provided in this section. To
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5 effect such a surrender, the licensee must submit a sworn statement
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6 to the Board:
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7 a. expressing the licensee’s desire to surrender the
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8 license,
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9 b. acknowledging that the surrender is freely and
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10 voluntarily made, that the licensee has not been
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11 subjected to coercion or duress, and that the licensee
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12 is fully aware of the consequences of the license
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13 surrender,
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14 c. stating that the licensee is the subject of an
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15 investigation or proceeding by the Board or a law
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16 enforcement or other regulatory agency involving
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17 allegations which, if proven, would constitute grounds
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18 for disciplinary action by the Board, and
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19 d. specifically admitting to and describing the
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20 misconduct.
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21 2. The sworn written statement must be submitted with the
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22 licensee’s wallet card and wall certificate. The Secretary or
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23 Executive Director of the Board may accept the sworn statement,
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24 wallet card and wall certificate from a licensee pending formal
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 1 acceptance by the Board. The issuance of a complaint and citation
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2 by the Board shall not be necessary for the Board to accept a
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3 surrender under this subsection. A surrender under this subsection
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4 shall be considered disciplinary action by the Board in all cases,
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5 even in cases where surrender occurs prior to the issuance of a
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6 formal complaint and citation, and shall be reported as disciplinary
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7 action by the Board to the public and any other entity to whom the
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8 Board regularly reports disciplinary actions.
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9 3. As a condition to acceptance of the surrender, the Board may
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10 require the licensee to pay the costs expended by the Board for any
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11 legal fees and costs and any investigation, probation and monitoring
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12 fees including, but not limited to, staff time, salary and travel
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13 expense, witness fees and attorney fees.
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14 4. The licensee whose surrender in lieu of prosecution is
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15 accepted by the Board shall be ineligible to reapply for
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16 reinstatement of his or her license for at least one (1) year from
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17 the date of the accepted surrender.
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18 F. ALL LICENSED PROFESSIONALS: All disciplinary actions
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19 defined in this section are applicable to any and all professional
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20 licensees under the legislative jurisdiction of the State Board of
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21 Medical Licensure and Supervision.
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22 SECTION 4. AMENDATORY 59 O.S. 2021, Section 503.2, is
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23 amended to read as follows:
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 1 Section 503.2. A. The State Board of Medical Licensure and
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2 Supervision may promulgate rules to create administrative remedies
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3 for licensee violations of statutory or regulatory prescribed
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4 unprofessional conduct.
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5 B. The Board is authorized to prescribe by rule administrative
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6 remedies, disciplinary actions and administrative procedures to
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7 provide remedies and disciplinary actions for licensee violations of
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8 statutory or regulatory prescribed unprofessional conduct, to
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9 include fines up to the limits otherwise prescribed by statute or
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10 rule.
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11 C. Any such administrative action rules promulgated by the
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12 Board shall provide procedure:
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13 1. For the licensee to contest or dispute any administrative
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14 action;
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15 2. For procedures for resolution of any such contest or
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16 dispute; and
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17 3. For appropriate protection of private information consistent
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18 with state and federal law.
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19 D. ALL LICENSED PROFESSIONALS: All administrative remedies
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20 defined in this section are applicable to any and all professional
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21 licensees under the legislative jurisdiction of the State Board of
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22 Medical Licensure and Supervision.
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23 SECTION 5. AMENDATORY 59 O.S. 2021, Section 536.8, is
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24 amended to read as follows:
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 1 Section 536.8. A. Every person who is licensed pursuant to the
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2 provisions of the Registered Electrologist Act and who is licensed
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3 to practice electrolysis in this state shall register the license
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4 with the county clerk of the county in which said person has legal
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5 residence. The county clerk to whom such license is presented shall
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6 register the name and address of the person designated in the
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7 license, together with the date and the number inscribed thereon,
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8 which record shall be open to the public, and shall file with the
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9 Board annually, during the month of February, a notice of the record
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10 so made.
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11 B. Every person who is licensed pursuant to the provisions of
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12 the Registered Electrologist Act to practice electrolysis in this
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13 state shall keep said license displayed in his place of business as
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14 long as he is engaged in the practice of electrolysis. The receipt
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15 for the annual renewal of license shall be kept at such person’s
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16 place of business and shall be shown to any person requesting to see
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17 the same. The licensee shall keep the Board informed of his current
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18 address. A license issued by the Board is the property of the Board
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19 and shall be surrendered on demand of the Board.
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20 SECTION 6. AMENDATORY 59 O.S. 2021, Section 2030, is
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21 amended to read