Legislative Alert

Title 63, Nurse
Friday, September 3, 2010


HB3251Paraphrase: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:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed

SB0479Paraphrase: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:04/09/2010Current Status:Governor Action - Signed

SB1289Paraphrase: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:11/01/2010Emergency:No
 Status Date:04/28/2010Current Status:Governor Action - Signed

SB1325Paraphrase: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:11/01/2010Emergency:No
 Status Date:04/19/2010Current Status:Governor Action - Signed

SB1879Paraphrase: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:11/01/2010Emergency:No
 Status Date:05/06/2010Current Status:Governor Action - Signed

SB1891Paraphrase: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:04/02/2010Current Status:Governor Action - Signed

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