1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3601 By: Hill
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6 AS INTRODUCED
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7 An Act relating to workers' compensation; amending
7 85A O.S. 2021, Section 17, which relates to the
8 Physician Advisory Committee; modifying certain
8 Committee member appointment qualifications; and
9 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 85A O.S. 2021, Section 17, is
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15 amended to read as follows:
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16 Section 17. A. There is hereby created a Physician Advisory
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17 Committee comprised of nine (9) members to be appointed as follows:
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18 1. The Governor shall appoint three members, one of whom shall
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19 be licensed in this state as a doctor of medicine and surgery, one
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20 of whom shall be engaged in the practice of family medicine in a
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21 rural community of the state, and one of whom shall be an
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22 osteopathic physician;
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23 2. The President Pro Tempore of the Senate shall appoint three
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24 members, one of whom shall be licensed in this state as a doctor of
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 1 medicine and orthopedic surgery, one of whom shall be licensed in
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2 this state either as a doctor of medicine or a doctor of osteopathy
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3 and a neurosurgeon, and one of whom shall be licensed in this state
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4 as a podiatric physician; and
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5 3. The Speaker of the House of Representatives shall appoint
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6 three members, one of whom shall be licensed in this state as an
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7 osteopathic physician, one of whom shall be licensed in this state
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8 either as a doctor of medicine or a doctor of osteopathy and shall
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9 be engaged in the practice of occupational medicine, and one of whom
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10 shall be licensed in this state as a chiropractic physician.
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11 Any member serving on the effective date of this section shall
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12 serve the remainder of his or her term. Thereafter, each position
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13 will be filled by the appointing official for a term of three (3)
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14 years. Members shall be subject to reappointment, with any new
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15 appointee to serve out the remainder of the unexpired term of the
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16 Committee member so replaced.
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17 B. The Committee shall:
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18 1. Assist and advise the Workers' Compensation Commission
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19 regarding utilization review as it relates to the medical practice
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20 and treatment of work-related injuries. Such utilization review
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21 shall include a review of reasonable and necessary medical
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22 treatment; abusive practices; needless treatments, testing, or
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23 procedures; or a pattern of billing in excess of or in violation of
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24 the Schedule of Medical Fees. The Physician Advisory Committee
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 1 shall review and make findings and recommendations to the Commission
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2 with respect to charges of inappropriate or unnecessary treatment or
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3 procedures, abusive practices, or excessive billing disclosed
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4 through utilization review;
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5 2. Assist the Commission in reviewing medical practices of
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6 health care providers, including evaluations of permanent disability
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7 provided by health care providers. The Committee shall review and
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8 make findings and recommendations to the Commission with respect to
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9 charges of abusive practices by health care providers providing
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10 medical services or evaluations of permanent partial disability
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11 through the workers' compensation system;
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12 3. After public hearing, review and make recommendations for
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13 acceptable deviations from the American Medical Association's
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14 "Guides to the Evaluation of Permanent Impairment";
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15 4. After public hearing, adopt Physician Advisory Committee
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16 Guidelines (PACG) and protocols for only medical treatment not
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17 addressed by the latest edition of the Official Disability
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18 Guidelines;
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19 5. After public hearing, adopt Physician Advisory Committee
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20 Guidelines for the prescription and dispensing of any controlled
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21 substance included in Schedule II of the Uniform Controlled
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22 Dangerous Substances Act if not addressed by the current edition of
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23 the Official Disability Guidelines;
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 1 6. Review utilization on cases or of providers when requested
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2 by any employer, injured employee or insurer. The Committee may
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3 issue a public or private censure to any provider for utilization
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4 which is excessive or inadequate, or recommend the Commission order
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5 treatment within the treatment guidelines;
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6 7. Provide general recommendations to the Commission on the
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7 issues of injury causation and apportionment;
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8 8. Conduct educational seminars for the Commission, employers,
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9 employees, and other interested parties;
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10 9. Assist the Commission in accessing medical information from
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11 scientific literature; and
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12 10. Report its progress annually to the Governor, the President
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13 Pro Tempore of the Senate, and the Speaker of the House of
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14 Representatives.
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15 C. The Commission shall recognize the latest edition of the
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16 Official Disability Guidelines as the primary standard of reference,
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17 at the time of treatment, in determining the frequency and extent of
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18 services presumed to be medically necessary and appropriate for
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19 compensable injuries under this act, or in resolving such matters in
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20 the event a dispute arises.
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21 D. Members of the Physician Advisory Committee shall receive no
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22 compensation for serving on the Committee but shall be reimbursed by
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23 the Commission for their necessary travel expenses incurred in the
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 1 performance of their duties in accordance with the State Travel
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2 Reimbursement Act.
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3 E. Meetings of the Physician Advisory Committee shall be called
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4 by the Commission but held at least quarterly. The presence of a
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5 majority of the members shall constitute a quorum. No action shall
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6 be taken by the Physician Advisory Committee without the affirmative
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7 vote of at least a majority of the members.
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8 F. The Commission shall provide office supplies and personnel
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9 of the Commission to assist the Committee in the performance of its
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10 duties.
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11 G. Upon written request, the Insurance Commissioner, CompSource
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12 Oklahoma, and every approved self-insured employer in Oklahoma shall
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13 provide the Committee with data necessary to the performance of its
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14 duties.
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15 H. Any health care provider acting in good faith and within the
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16 scope of the provider's duties as a member of the Physician Advisory
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17 Committee shall be immune from civil liability for making any report
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18 or other information available to the judges of the Commission or to
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19 the Commission or for assisting in the origination, investigation,
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20 or preparation of the report or other information so provided.
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21 SECTION 2. This act shall become effective November 1, 2024.
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23 59-2-9294 SW 01/10/24
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