1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 437 By: Garvin
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5 AS INTRODUCED
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6 An Act relating to medical marijuana; amending 63
6 O.S. 2021, Section 427.10, as amended by Section 12,
7 Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
7 427.10), which relates to physicians who may provide
8 a recommendation; directing creation of certain
8 registry; requiring registration by physicians;
9 requiring compliance with medical education and
9 continuing medical education requirements; directing
10 promulgation of certain rules in consultation with
10 specified boards; amending Section 3, Chapter 328,
11 O.S.L. 2022 (63 O.S. Supp. 2022, Section 427.14b),
11 which relates to credentials required for employees
12 to work in licensed medical marijuana business;
12 requiring dispensary employees to comply with
13 education and continuing education requirements;
13 directing promulgation of certain rules; and
14 providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.10, as
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18 amended by Section 12, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
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19 Section 427.10), is amended to read as follows:
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20 Section 427.10. A. Only licensed Oklahoma allopathic,
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21 osteopathic and podiatric physicians may provide a medical marijuana
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22 recommendation for a medical marijuana patient license under the
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23 Oklahoma Medical Marijuana and Patient Protection Act.
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 1 B. A physician who has not completed his or her first residency
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2 shall not meet the definition of “physician” under this section and
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3 any recommendation for a medical marijuana patient license shall not
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4 be processed by the Authority.
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5 C. No physician shall be subject to arrest, prosecution or
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6 penalty in any manner or denied any right or privilege under state,
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7 municipal or county statute, ordinance or resolution, including
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8 without limitation a civil penalty or disciplinary action by the
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9 State Board of Medical Licensure and Supervision, the State Board of
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10 Osteopathic Examiners, the Board of Podiatric Medical Examiners or
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11 by any other business, occupation or professional licensing board or
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12 bureau, solely for providing a medical marijuana recommendation for
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13 a patient or for monitoring, treating or prescribing scheduled
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14 medication to patients who are medical marijuana licensees. The
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15 provisions of this subsection shall not prevent the relevant
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16 professional licensing boards from sanctioning a physician for
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17 failing to properly evaluate the medical condition of a patient or
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18 for otherwise violating the applicable physician-patient standard of
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19 care.
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20 D. A physician who recommends use of medical marijuana shall
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21 not be located at the same physical address as a licensed medical
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22 marijuana dispensary.
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23 E. If the physician determines the continued use of medical
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24 marijuana by the patient no longer meets the requirements set forth
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 1 in the Oklahoma Medical Marijuana and Patient Protection Act, the
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2 physician shall notify the Oklahoma Medical Marijuana Authority and
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3 the license shall be immediately voided without right to an
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4 individual proceeding.
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5 F. The Authority shall create and maintain a registry of
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6 recommending physicians. Beginning January 1, 2025, to be eligible
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7 to provide a medical marijuana recommendation to a licensed patient,
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8 a physician shall be registered with the Authority.
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9 G. To be registered with the Authority, a physician shall
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10 comply with the medical education and continuing medical education
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11 requirements described in subsection H of this section and shall
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12 meet all other requirements established by law or rule for
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13 recommending physicians.
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14 H. The Executive Director of the Authority shall promulgate
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15 rules to establish medical education and continuing medical
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16 education requirements for recommending physicians. In promulgating
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17 such rules, the Executive Director shall consult with the State
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18 Board of Medical Licensure and Supervision, the State Board of
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19 Osteopathic Examiners, and the Board of Podiatric Medical Examiners,
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20 and the Executive Director may consult with associations
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21 representing licensees of such boards.
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22 SECTION 2. AMENDATORY Section 3, Chapter 328, O.S.L.
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23 2022 (63 O.S. Supp. 2022, Section 427.14b), is amended to read as
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24 follows:
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 1 Section 427.14b. A. 1. Beginning January 1, 2024, the
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2 Oklahoma Medical Marijuana Authority shall require employees of a
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3 medical marijuana business licensee to apply for and receive a
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4 credential authorizing the employee to work in a licensed medical
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5 marijuana business.
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6 2. Beginning January 1, 2025, to be eligible for such
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7 credential, employees of medical marijuana dispensaries shall comply
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8 with the education and continuing education requirements described
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9 in subsection G of this section and shall meet all other
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10 requirements established by law or rule for employees of a medical
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11 marijuana business licensee.
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12 B. The Authority may contract with one or more third-party
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13 vendors to provide the credentialing services necessary to carry out
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14 the provisions of this section.
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15 C. The Authority shall determine the services to be provided by
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16 such third-party vendor and shall establish costs and prices. If
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17 contracted for credentialing services, a third-party vendor shall on
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18 behalf of the Authority conduct the background checks and verify
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19 eligibility and suitability for any employees of a medical marijuana
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20 business license holder to obtain a credential.
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21 D. Upon successful completion by the third-party vendor of the
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22 statutorily required background checks and verification of
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23 eligibility and suitability for an employee, the third-party vendor
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24 shall issue a credential to the employee. The results of background
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 1 checks and verifications shall be provided to the Authority by the
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2 third-party vendor.
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3 E. If the third-party vendor determines that an employee of a
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4 medical marijuana business holder does not meet the minimum
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5 statutory requirements for a credential, the applicant or employee
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6 shall have no recourse against the third-party vendor but may appeal
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7 such adverse determination to the Authority.
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8 F. The third-party vendor shall not be civilly liable to an
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9 applicant, licensee, or employee of a licensee for any acts taken in
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10 good-faith compliance with the provisions of Section 420 et seq. of
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11 Title 63 of the Oklahoma Statutes and the Oklahoma Medical Marijuana
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12 and Patient Protection Act and the rules promulgated by the Oklahoma
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13 Medical Marijuana Authority.
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14 G. 1. The Executive Director of the Authority may promulgate
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15 rules to implement the provisions of this section.
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16 2. Such rules shall include, but not be limited to, education
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17 and continuing education requirements for employees of medical
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18 marijuana dispensaries.
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19 SECTION 3. This act shall become effective January 1, 2024.
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21 59-1-348 DC 1/17/2023 9:28:59 AM
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Statutes affected:
Introduced: 63-427.10
Senate Committee Substitute for House Bill: 63-427.13, 63-584, 63-2021
Floor (House): 63-427.13, 63-584, 63-2021
Floor (Senate): 63-427.10
Engrossed: 63-427.10, 63-427.21
Amended And Engrossed: 63-427.13, 63-427.10, 63-427.21
Senate Conference Committee Substitute: 63-420, 63-421, 63-422, 63-423, 63-427.2, 63-427.10, 63-427.14, 63-427.16, 63-427.21
Enrolled (final version): 63-420, 63-421, 63-422, 63-423, 63-427.2, 63-427.10, 63-427.14, 63-427.16, 63-427.21