1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3035 By: Stinson
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6 AS INTRODUCED
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7 An Act relating to professions and occupations;
7 amending 59 O.S. 2021, Sections 493.3, 512, 513, and
8 518.1, which relate to the Oklahoma Allopathic
8 Medical and Surgical Licensure and Supervision Act;
9 modifying terms related to issuance of licenses;
9 modifying investigator duties; expanding
10 applicability to inactive physicians or surgeons;
10 modifying executive director duties; and providing an
11 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 59 O.S. 2021, Section 493.3, is
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16 amended to read as follows:
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17 Section 493.3 A. Endorsement of licensed applicants: The
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18 State Board of Medical Licensure and Supervision may issue a license
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19 by endorsement to an applicant who:
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20 1. Has complied with all current medical licensure requirements
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21 except those for examination; and
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22 2. Has passed a medical licensure examination given in English
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23 in another state, the District of Columbia, a territory or
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24 possession of the United States, or Canada, or has passed the
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 1 National Boards Examination administered by the National Board of
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2 Medical Examiners, provided the Board determines that such
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3 examination was equivalent to the Board's examination used at the
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4 time of application.
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5 B. Notwithstanding any other provision of the Oklahoma
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6 Allopathic Medical and Surgical Licensure and Supervision Act, the
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7 Board may require applicants for full and unrestricted medical
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8 licensure by endorsement, who have not been formally tested by
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9 another state or territory of the United States or any Canadian
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10 medical licensure jurisdiction, a Board-approved medical
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11 certification agency, or a Board-approved medical specialty board
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12 within a specific period of time before application to pass a
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13 written and/or oral medical examination approved by the Board.
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14 C. The Board may authorize the secretary to issue a temporary
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15 medical license for the intervals between Board meetings. A
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16 temporary license shall be granted only when the secretary is
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17 satisfied as to the qualifications of the applicant to be licensed
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18 under the Oklahoma Allopathic Medical and Surgical Licensure and
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19 Supervision Act but where such qualifications have not been verified
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20 to the Board. A temporary license shall:
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21 1. Be granted only to an applicant demonstrably qualified for a
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22 full and unrestricted medical license under the requirements set by
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23 the Oklahoma Allopathic Medical and Surgical Licensure and
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24 Supervision Act and the rules of the Board; and
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 1 2. Automatically terminate on the date of the next Board
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2 meeting at which the applicant may be considered for a full and
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3 unrestricted medical license.
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4 D. The Board may establish rules authorizing authorizes the
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5 issuance of conditional, restricted, or otherwise circumscribed
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6 licenses, or issuance of licenses under terms of agreement, for all
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7 licenses under its legislative jurisdiction as are necessary for the
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8 public health, safety, and welfare.
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9 E. The Board may issue a temporary license to any of the
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10 professions under the jurisdiction of the Board based on defined
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11 qualifications set by each advisory committee of the profession.
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12 SECTION 2. AMENDATORY 59 O.S. 2021, Section 512, is
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13 amended to read as follows:
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14 Section 512. A. The secretary of the State Board of Medical
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15 Licensure and Supervision shall be paid an annual salary in an
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16 amount fixed by the Board. The Board shall have the authority to
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17 expend such funds as are necessary in carrying out the duties of the
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18 Board and shall have the authority to hire all necessary personnel,
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19 at salaries to be fixed by the Board, as the Board shall deem
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20 necessary. The Board shall have the authority to hire attorneys to
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21 represent the Board in all legal matters and to assist authorized
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22 state and county officers in prosecuting or restraining violations
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23 of Section 481 et seq. of this title, and to fix the salaries or per
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24 diem of the attorneys.
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 1 B. The Board shall have the authority to hire one or more
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2 investigators as may be necessary to carry out the provisions of the
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3 Oklahoma Allopathic Medical and Surgical Licensure and Supervision
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4 Act at an annual salary to be fixed by the Board. Such
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5 investigators may be commissioned peace officers of this state. In
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6 addition such investigators shall have the authority and duty to
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7 investigate and inspect the records of all persons in order to
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8 determine whether or not a disciplinary action for unprofessional
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9 misconduct is warranted or whether the narcotic laws or the
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10 dangerous drug laws have been complied with.
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11 C. 1. For purposes of this section, investigators shall may be
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12 peace officers certified by the Council on Law Enforcement Education
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13 and Training and shall have statewide jurisdiction to perform the
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14 duties authorized by this section. In addition, the investigators
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15 shall have all the powers now or hereafter vested by law in peace
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16 officers. In addition, such investigators shall have the authority
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17 and duty to investigate and inspect the records of all persons
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18 including, but not limited to, personnel records of the licensee in
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19 order to determine:
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20 a. whether or not a disciplinary action for
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21 unprofessional misconduct is warranted, or
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22 b. whether the narcotic laws or the dangerous drug laws
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23 have been complied with.
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 1 2. Investigators for the Oklahoma State Board of Medical
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2 Licensure and Supervision shall perform such services as are
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3 necessary in the investigation of criminal activity or preparation
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4 of administrative actions.
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5 3. Any licensee or applicant for license subject to the
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6 provisions of the Oklahoma Allopathic Medical and Surgical Licensure
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7 and Supervision Act shall be deemed to have given consent to any
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8 duly authorized investigator of the Board to access, enter or
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9 inspect the records, either on-site or at the Board office, or
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10 facilities of such licensee or applicant subject to the Oklahoma
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11 Allopathic Medical and Surgical Licensure and Supervision Act.
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12 Refusal to allow such access, entry or inspection may constitute
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13 grounds for the denial, nonrenewal, suspension or revocation of a
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14 license. Upon refusal of such access, entry or inspection, pursuant
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15 to this section, the Board or a duly authorized representative may
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16 make application for and obtain a search warrant from the district
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17 court where the facility or records are located to allow such
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18 access, entry or inspection.
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19 D. 1. The Board is specifically authorized to contract with
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20 state agencies or other bodies to perform investigative services or
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21 other administrative services at a rate set by the Board.
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22 2. The Board is authorized to pay the travel expenses of Board
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23 employees and members in accordance with the State Travel
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24 Reimbursement Act.
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 1 3. The expenditures authorized herein to include capital
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2 purchases shall not be a charge against the state, but the same
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3 shall be paid solely from the Board's depository fund.
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4 SECTION 3. AMENDATORY 59 O.S. 2021, Section 513, is
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5 amended to read as follows:
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6 Section 513. A. 1. The State Board of Medical Licensure and
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7 Supervision is hereby given quasi-judicial powers while sitting as a
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8 Board for the purpose of revoking, suspending or imposing other
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9 disciplinary actions upon the license of physicians or surgeons of
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10 this state, and appeals from its decisions shall be taken to the
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11 Supreme Court of this state within thirty (30) days of the date that
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12 a copy of the decision is mailed to the appellant, as shown by the
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13 certificate of mailing attached to the decision.
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14 2. The license of any physician or surgeon who has been
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15 convicted of any felony in or without the State of Oklahoma, and
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16 whether in a state or federal court, may be suspended by the Board
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17 upon the submission thereto of a certified copy of the judgment and
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18 sentence of the trial court and the certificate of the clerk of the
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19 court of the conviction.
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20 3. Upon proof of a felony conviction by the courts, the Board
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21 shall revoke the physician's license. If the felony conviction is
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22 overturned on appeal and no other appeals are sought, the Board
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23 shall restore the license of the physician. Court records of such a
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24 conviction shall be prima facie evidence of the conviction.
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 1 4. The Board shall also revoke and cancel the license of any
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2 physician or surgeon who has been charged in a court of record of
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3 this or other states of the United States or in the federal court
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4 with the commission of a felony and who is a fugitive from justice,
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5 upon the submission of a certified copy of the charge together with
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6 a certificate from the clerk of the court that after the commitment
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7 of the crime the physician or surgeon fled from the jurisdiction of
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8 the court and is a fugitive from justice.
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9 B. To the extent necessary to allow the Board the power to
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10 enforce disciplinary actions imposed by the Board, in the exercise
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11 of its authority, the Board may punish willful violations of its
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12 orders and impose additional penalties as allowed by Section 509.1
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13 of this title.
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14 C. This section shall also apply to physicians or surgeons of
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15 this state who are in an inactive status.
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16 SECTION 4. AMENDATORY 59 O.S. 2021, Section 518.1, is
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17 amended to read as follows:
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18 Section 518.1 A. There is hereby established the Allied
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19 Professional Peer Assistance Program to rehabilitate allied medical
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20 professionals whose competency may be compromised because of the
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21 abuse of drugs or alcohol, so that such allied medical professionals
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22 can be treated and can return to or continue the practice of allied
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23 medical practice in a manner which will benefit the public. The
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 1 program shall be under the supervision and control of the State
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2 Board of Medical Licensure and Supervision.
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3 B. The Board may appoint one or more peer assistance evaluation
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4 advisory committees, hereinafter called the "allied peer assistance
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5 committees". Each of these committees shall be composed of members,
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6 the majority of which shall be licensed allied medical professionals
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7 with expertise in chemical dependency. The allied peer assistance
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8 committees shall function under the authority of the State Board of
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9 Medical Licensure and Supervision in accordance with the rules of
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10 the Board. The program may be one hundred percent (100%) outsourced
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11 to professional groups specialized in this arena. The committee
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12 members shall serve without pay, but may be reimbursed for the
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13 expenses incurred in the discharge of their official duties in
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14 accordance with the State Travel Reimbursement Act.
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15 C. The Board may appoint and employ a qualified person or
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16 persons to serve as program coordinators and shall fix such person's
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17 compensation. The program may employ a director for purposes of
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18 ongoing nonclerical administrative duties and shall fix the
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19 director's compensation. The Board shall define the duties of the
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20 program coordinators and director who shall report directly to the
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21 Board.
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22 D. The Board is authorized to adopt and revise rules, not
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23 inconsistent with the Oklahoma Allopathic Medical and Surgical
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 1 Licensure and Supervision Act, as may be necessary to enable it to
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2 carry into effect the provisions of this section.
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3 E. A portion of licensing fees for each allied profession, not
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4 to exceed Ten Dollars ($10.00), may be used to implement and
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5 maintain the Allied Professional Peer Assistance Program.
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6 F. All monies paid pursuant to subsection E of this section
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7 shall be deposited in an agency special account revolving fund under
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8 the State Board of Medical Licensure and Supervision, and shall be
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9 used for the general operating expenses of the Allied Professional
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10 Peer Assistance Program, including payment of personal services.
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11 G. Records and management information system of the
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12 professionals enrolled in the Allied Professional Peer Assistance
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13 Program and reports shall be maintained in the program office in a
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14 place separate and apart from the records of the Board. The records
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15 shall be made public only by subpoena and court order; provided
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16 however, confidential treatment shall be cancelled upon default by
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17 the professional in complying with the requirements of the program.
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18 H. Any person making a report to the Board or to an allied peer
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19 assistance committee regarding a professional suspected of
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20 practicing allied medical practice while habitually intemperate or
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21 addicted to the use of habit-forming drugs, or a professional's
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22 progress or lack of progress in rehabilitation, shall be immune from
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23 any civil or criminal action resulting from such reports, provided
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24 such reports are made in good faith.
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 1 I. A professional's participation in the Allied Professional
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2 Peer Assistance Program in no way precludes additional proceedings
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3 by the Board for acts or omissions of acts not specifically related
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4 to the circumstances resulting in the professional's entry into the
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5 program. However, in the event the professional defaults from the
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6 program, the Board may discipline the professional for those acts
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7 which led to the professional entering the program.
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8 J. The Executive Director of the Board shall suspend the
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9 license immediately upon notification that the licensee has
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10 defaulted from the Allied Professional Peer Assistance Program, and
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11 shall assign a hearing date for the matter to be presented to the
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12 Board.
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13 K. All treatment information, whether or not recorded, and all
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14 communications between a professional and therapist are both
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15 privileged and confidential. In addition, the identity of all
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16 persons who have received or are receiving treatment services shall
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17 be considered confidential and privileged.
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18 L. K. As used in this section, unless the context otherwise
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19 requires:
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20 1. "Board" means the State Board of Medical Licensure and
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21 Supervision; and
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22 2. "Allied peer assistance committee" means the peer assistance
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23 evaluation advisory committee created in this section, which is
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 1 appointed by the State Board of Medical Licensure and Supervision to
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2 carry out specified duties.