Okla. Stat. tit. 59 § 6011

Current through Laws 2024, c. 453.

Section 6011 - Temporary critical need license - Conditions - Application

A. As used in this section:

1. "Appropriate licensing board" means:

a. for an allopathic physician, physician assistant, or respiratory care practitioner, the State Board of Medical Licensure and Supervision,

b. for an osteopathic physician, the State Board of Osteopathic Examiners,

c. for a registered nurse, licensed practical nurse, or Advanced Practice Registered Nurse, the Oklahoma Board of Nursing, or

d. for a perfusionist, the State Board of Examiners of Perfusionists; and

2. "Health care provider" means an individual who holds a valid, unexpired license or credential granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed to perform:

a. an allopathic physician licensed under Section 480 et seq. of Title 59 of the Oklahoma Statutes,

b. an osteopathic physician licensed under Section 620 et seq. of Title 59 of the Oklahoma Statutes,

c. a physician assistant licensed under Section 519.1 et seq. of Title 59 of the Oklahoma Statutes,

d. a registered nurse, licensed practical nurse, or Advanced Practice Registered Nurse licensed under Section 567.1 et seq. of Title 59 of the Oklahoma Statutes,

e. a respiratory care practitioner licensed under Section 2026 et seq. of Title 59 of the Oklahoma Statutes, or

f. a perfusionist licensed under Section 2051 et seq. of Title 59 of the Oklahoma Statutes.

B. The licensing staff of the appropriate licensing board may grant a health care provider a temporary critical need license under the following conditions:

1. The health care provider provides health care services within his or her scope of practice:

a. only during the period covered by one of the following:

(1) a state of emergency declared by the Governor, or

(2) a national emergency declared by the President of the United States pursuant to Section 1621 of Title 50 of the United States Code, and

b. that are directly related to the particular emergency as described in subparagraph a of this paragraph;

2. The health care provider holds a valid, unexpired license or credential granted by another state or territory; and

3. The health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider's license or credential by the licensing or credentialing state or territory or any other jurisdiction.

C. To apply for a temporary critical need license, the health care provider must submit an application through a form developed by the appropriate licensing board, which at minimum must contain an attestation by the applicant to abide by all state and federal statutes and regulatory rules and the applicant's:

1. Full name;

2. Date of birth;

3. Email address;

4. Residential address;

5. Temporary medical practice address;

6. Area of practice or specialty or level of licensure or credentialing;

7. Practice status in any state or territory where the applicant has been licensed or credentialed or currently holds a license or credential to practice the type of health care services for which the applicant is seeking temporary critical need licensure under this section; and

8. Social Security number.

D. Any temporary critical need license granted under this section to a health care provider shall expire ninety (90) days after the expiration of the state or national emergency declaration.

E. Nothing in this section shall be construed to allow allopathic or osteopathic physicians or surgeons, physician assistants, or Advanced Practice Registered Nurses with prescriptive authority who are issued a temporary critical need license to initiate a prescription for controlled dangerous substances including but not limited to opioids without:

1. Obtaining the proper registration from the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control under Section 2-301 et seq. of Title 63 of the Oklahoma Statutes and the proper registration from the United States Drug Enforcement Administration;

2. Complying with all requirements pertaining to the access of prescription monitoring information from the central repository as provided by the Anti-Drug Diversion Act, Section 2-309A et seq. of Title 63 of the Oklahoma Statutes; and

3. Complying with all other laws pertaining to the prescription of controlled dangerous substances.

F. Nothing in this section shall be construed to allow allopathic or osteopathic physicians or surgeons who are issued a temporary critical need license to recommend medical marijuana.

G. Any temporary critical need license issued under this section shall be ratified by the appropriate licensing board at the next regular meeting of the board.

H. Each appropriate licensing board may charge a fee for the issuance of a temporary critical need license under this section.

I. Each appropriate licensing board may promulgate rules to implement the provisions of this section.

Okla. Stat. tit. 59, § 6011

Added by Laws 2022 , c. 262, s. 1, eff. 7/1/2022.