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ENGROSSED HOUSE
BILL NO. 2051 By: Stinson of the House
and
Thompson of the Senate
An Act relating to practice of medicine; creating the
Supervised Physicians Act; defining terms; limiting
scope of supervised physician practice; specifying
applicability of supervision requirements; directing
the State Board of Medical Licensure and Supervision
to promulgate certain rules; specifying duration of
licensure; authorizing certain penalties for
noncompliance with specified standards; specifying
allowed professional titles; making supervising
physician responsible for supervised physicians;
requiring collaborative practice arrangement within
specified time period; stipulating requirements for
supervising physician and collaborative practice
arrangement; requiring arrangement to include certain
provisions; directing promulgation of additional
rules; imposing certain limits on collaborative
practice arrangements; prohibiting certain
disciplinary actions under certain circumstances;
providing for identification and reporting of
supervising physicians; providing for publication and
tracking of certain information; granting certain
protections to supervising physicians and supervised
physicians; requiring certain identification badges;
requiring completion of certification course;
specifying applicability of collaborative practice
agreements; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Supervised
Physicians Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Medical school graduate” means any person who has graduated
from a medical school as described in Section 493.1 of Title 59 of
the Oklahoma Statutes or a school of osteopathic medicine as
described in Section 630 of Title 59 of the Oklahoma Statutes;
2. “Supervised physician” means a medical school graduate who:
a. is a resident and citizen of the United States,
b. has successfully completed Step 1 and Step 2 of the
United States Medical Licensing Examination (USMLE),
or the equivalent of Step 1 and Step 2 of any other
medical licensing examination or combination of
examinations that is approved by the State Board of
Medical Licensure and Supervision or the State Board
of Osteopathic Examiners, within the same calendar
year as the person's graduation from a medical school
or school of osteopathic medicine,
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c. has successfully graduated from an Oklahoma medical
school with a doctorate of medicine or a doctorate of
osteopathic medicine; notwithstanding any other
provisions of this act, this subparagraph C is the
controlling provision for the location of the medical
school the supervised physician may be a graduate of,
and
d. has entered into a supervised physician collaborative
practice arrangement as defined in paragraph 3 of this
section;
3. “Supervised physician collaborative practice arrangement”
means an agreement between an Oklahoma licensed supervising
physician and a supervised physician in good standing that meets the
requirements of this act; and
4. “Supervising physician” means the physician tasked with
overseeing or delegating the activities of the medical services
rendered by a supervised physician through a practice agreement
between a supervising physician performing procedures or directly or
indirectly involved with the treatment of a patient, and the
supervised physician working jointly toward a common goal of
providing services. Delegation shall be defined by the practice
arrangement. The physical presence of the delegating physician is
not required as long as the supervising physician and supervised
physician are or can be easily in contact with each other by
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telecommunication. At all times a supervised physician shall be
considered an agent of the supervising physician. The supervising
physician shall meet the following criteria:
a. have possession of a full and unrestricted Oklahoma
license to practice medicine, with the Drug
Enforcement Agency (DEA) and the Oklahoma Bureau of
Narcotics and Dangerous Drugs Control (OBNDD) permits,
and
b. the supervising physician shall be trained and fully
qualified in the field of the supervised physician's
specialty.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.3 of Title 59, unless there
is created a duplication in numbering, reads as follows:
Supervised physicians shall be subject to the supervision
requirements established in any controlling federal law, any
supervision requirements provided in this act, and any supervision
requirements established by the State Board of Medical Licensure and
Supervision. Supervised physicians are not subject to any
additional supervision requirements, other than the supervision
requirements provided in this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.4 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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A. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall independently promulgate
rules, with the input and assistance of designated institutional
officers and graduate medical education departments at the state's
medical schools:
1. To establish the process for temporary licensure of
supervised physicians, supervision requirements, and additional
requirements for supervised physician collaborative practice
arrangements;
2. To set fees in an amount greater than or equal to the total
costs necessary to facilitate the supervised physician collaborative
practice arrangement each year; and
3. To address any other matters necessary to protect the public
and discipline the profession.
B. A supervised physician’s temporary license issued pursuant
to this act and the rules promulgated by the State Board of Medical
Licensure and Supervision shall only be valid for two (2) years from
the date of the supervised physician’s medical school graduation and
is not subject to renewal. The State Board of Medical Licensure and
Supervision or the State Board of Osteopathic Examiners may deny an
application for temporary licensure or suspend or revoke the
temporary license of a supervised physician for violation of the
standards provided in the Oklahoma Allopathic Medical and Surgical
Licensure and Supervision Act or the Oklahoma Osteopathic Medicine
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Act, or such other standards of conduct established by the State
Board of Medical Licensure and Supervision or the State Board of
Osteopathic Examiners by rule.
C. This act shall not be construed to be an alternative pathway
to full licensure. The license created in this act shall only be
temporary for the amount of time allowed in this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.5 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A supervised physician shall clearly identify himself or herself
as a supervised physician and shall clearly be identified as a
supervised physician on his or her name tag or lab coat. A
supervised physician shall not practice, or attempt to practice,
without a supervised physician collaborative practice arrangement,
except as otherwise provided in this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.6 of Title 59, unless there
is created a duplication in numbering, reads as follows:
The licensed supervising physician collaborating with a
supervised physician shall be responsible for directly supervising
the activities of the supervised physician and shall accept full
responsibility for the services provided by the supervised
physician.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.7 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. This act applies to all supervised physician collaborative
practice arrangements. To be eligible to practice as a supervised
physician, a temporary licensed supervised physician shall enter
into a supervised physician collaborative practice arrangement with
a supervising physician by the end of the calendar year of his or
her graduation from medical school and no later than thirty (30)
days after the date on which the supervised physician obtains
initial licensure.
B. Only a physician licensed by the State Board of Medical
Licensure and Supervision or the State Board of Osteopathic
Examiners may enter into a supervised physician collaborative
practice arrangement with a supervised physician. Supervised
physician collaborative practice arrangements shall take the form of
a written agreement that includes mutually agreed-upon protocols and
any standing orders for the delivery of services. Supervised
physician collaborative practice arrangements may delegate to a
supervised physician the authority to prescribe, administer, or
dispense drugs and provide treatment, as long as the delivery of the
services is within the scope of the supervising physician’s practice
and is consistent with the supervised physician’s skill, training,
and competence and the skill, training, and competence of the
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supervising physician; except that a supervised physician shall not
prescribe controlled dangerous substances. The supervising
physician shall be board-certified in the specialty that the
supervised physician is practicing.
C. The supervised physician collaborative practice arrangement
shall contain the following provisions:
1. Complete names, home and business addresses, and telephone
numbers of the supervising physician and the supervised physician;
2. A requirement that the supervised physician practice at the
same location as the supervising physician;
3. A requirement that a prominently displayed disclosure
statement informing patients that they may be seen by a supervised
physician, and advising patients that the patient has the right to
see the supervising physician;
4. All specialty or board certifications of the supervising
physician and all certifications of the supervised physician;
5. The manner of collaboration between the supervising
physician and the supervised physician, including how the
supervising physician and the supervised physician will engage in
collaborative practice consistent with each professional’s skill,
training, education, and competence;
6. A requirement that the supervised physician shall not
provide patient care during an absence of the supervising physician
for any reason;
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7. A list of all other supervised physician collaborative
practice arrangements of the supervising physician and the
supervised physician;
8. The duration of the supervised physician collaborative
practice arrangement between the supervising physician and the
supervised physician;
9. A provision describing the time and manner of the
supervising physician’s review of the supervised physician’s
delivery of services. The provision shall require the supervising
physician shall review one hundred percent (100%) of the charts
documenting the supervised physician’s delivery of services; and
10. A copy of the supervised physician collaborative practice
arrangement shall be kept at the business address of the supervising
physician and the supervised physician. Copies of the arrangement
shall be provided upon request.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.8 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners, shall independently promulgate
rules regulating the use of supervised physician collaborative
practice arrangements for supervised physicians. The rules shall
specify:
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1. The methods of treatment that may be covered by the
supervised physician collaborative practice arrangement; and
2. Require review of the services provided under a supervised
physician collaborative practice arrangement.
B. A supervising physician shall not enter into a supervised
physician collaborative practice arrangement with more than three
supervised physicians at the same time in addition to any other laws
or rules of the State of Oklahoma.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.9 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. Within thirty (30) days of any change to a supervised
physician collaborative practice arrangement, including the initial
practice arrangement, a supervised physician and a supervising
physician shall report to the State Board of Medical Licensure and
Supervision or the State Board of Osteopathic Examiners whether the
physician is engaged in a supervised physician collaborative
practice arrangement, and to report to the physician’s licensing
board the name of each supervised physician with whom the physician
has entered into an arrangement. Each board may make the
information available to the public. The State Board of Medical
Licensure and Supervision shall track the reported information and
may routinely conduct reviews or inspections to ensure that the
arrangements are being carried out in compliance with this act.
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Copies of the supervised practice arrangements shall be provided
upon request of the State Board of Medical Licensure and Supervision
or the State Board of Osteopathic Examiners. Copies shall be stored
at the business address of the supervising physician and the
supervised physician.
B. A contract or other agreement shall not require a physician
to act as a supervising physician for a supervised physician against
the physician’s will. A physician has the right to refuse to act as
a supervising physician, without penalty, for a particular
supervised physician. A contract or other agreement shall not limit
the supervising physician’s authority over any protocols or standing
orders, or delegate the physician’s authority to a supervised
physician. However, this subsection does not authorize a physician
in implementing protocols, standing orders, or delegation to violate
applicable standards for safe medical practice established by a
hospital’s medical staff.
C. A contract or other agreement shall not require a supervised
physician to serve as a supervised physician for any supervising
physician against the supervised physician’s will. A supervised
physician has the right to refuse to collaborate, without penalty,
with a particular physician.
D. All supervising physicians and supervised physicians under a
supervised physician collaborative practice arrangement shall wear
identification badges while acting within the scope of the
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arrangement. The identification badges shall prominently display
the licensure status of the supervising physician and the supervised
physician.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.10 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The supervising physician shall complete a certification
course, which may include material on the laws pertaining to the
professional relationship. The certification course shall be
approved by the State Board of Medical Licensure and Supervision or
the State Board of Osteopathic Examiners.
B. A supervised physician collaborative practice arrangement
shall supersede current hospital licensing regulations governing
hospital medication orders under protocols or standing orders for
the purpose of delivering inpatient or emergency care within a
hospital as defined in Section 1-701 of Title 63 of the Oklahoma
Statutes, if the protocols or standing orders have been approved by
the hospital’s medical staff and pharmaceutical therapeutics
committee.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 479.11 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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The provisions of this act only apply to inpatient hospital
settings in facilities that are accredited by the Accreditation
Council for Graduate Medical Education.
SECTION 12. This act shall become effective January 1, 2026.
Passed the House of Representatives the 11th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate