2007 Legislative Report

OSRS
Legislative Report
April 23, 2009
Second Floor deadline passes as session progresses

Deadlines

Thursday, April 23 - 3rd reading - bills must be voted from the floor of the opposite house.

Friday, May 22 - Adjournment

Joint House/Senate Conference Committee (JCC) If a bill passes both houses of the legislature but agreement has not been reached on the final provisions of the measure it will be assigned to a JCC. The JCC is made up of the bill's authors and members appointed by the Speaker of the House and the Pro-Tem of the Senate. Once agreement is reached the bill will be presented to the legislature. JCC bills cannot be amended in either house.

All appropriations bills go to a Joint Conference Committee on Appropriations (JCCA).

HB 1647, Licensure of Radiologist Assistants, was initiated by the OSRS in the 2008 legislative session. The implementing Rules passed by the Oklahoma State Board of Medical Licensure and Supervision are on the Governor's desk. Status: The Governor has until May 18 to approve the Rules. OSRS Position: Support

SB 1045, Sparks, creates the Radiology Practitioner Assistant Licensure Act, allowing a radiologist to use the services of a radiology practitioner assistant, licensed by the State Board of Medical Licensure and Supervision. It prohibits a radiology practitioner assistant from making final interpretations of images, making diagnoses or prescribing medications or therapies. The bill creates a Radiology Practitioner Assistant Advisory Committee to make recommendations to the State Board of Medical Licensure and Supervision. Status: Dormant; failed to receive a hearing in Senate committee; may be considered in the 2010 session. OSRS Position: Oppose

SB 1133, Jolley/Denney, creates the Oklahoma Interventional Pain Management and Treatment Act, which requires the State Board of Medical Licensure and Supervision to establish guidelines for the standard of care for interventional pain management for chronic pain, including the proper use of fluoroscopy in such practice. The bill was amended in House committee not to prevent a certified registered nurse anesthetist from administering a lumbar intralaminar epidural steroid injection when requested to do so by a physician and under the direct supervision of a physician Status: Dormant; the measure passed the Senate but did not receive a hearing on the House floor. The issue will be the subject of an Interim Study. OSRS Position: Support.

HB 1055, Cox/Brown, adds to the list of actions constituting an unfair claim settlement practice under the Unfair Claims Settlement Practices Act. The bill would include failing to pay or requesting a refund of payment for health care services preauthorized or pre-certified
by an insurer. Negotiations are underway with providers and representatives of the health plans to reach agreement on language for this bill. Status: Passed both houses will go a JCC until agreement is reached.

Lawsuit Reform

HB 1602, Sullivan/Coffee, puts to a vote of the people whether or not to limit attorney’s contingency fees to 33 percent of the first $1 million recovered and 20 percent of any amount thereafter for any civil judgment or settlement. The referendum also would repeal current law limiting class-action contingency fees to 50 percent. Status: Failed in the Senate; held on a motion to reconsider the vote.

HB 1570, Schwartz/Paddack, provides that in any civil action for professional negligence, the plaintiff shall attach to the petition an affidavit saying the plaintiff has consulted with and obtained a written opinion from a qualified expert. Status: To the governor for consideration.

HB 1603, Sullivan/Coffee, is the 233-page vehicle for across the board lawsuit reform that is similar to the bill vetoed by the governor last session. The bill passed the Senate and the vote was along party lines with Republicans voting aye and Democrats voting nay, except for Sen. Susan Paddack (D), Ada, who supported the measure. Status: Passed the Senate; will go to JCC.

Stem Cell Research

HJR 1035, Enns/Jolley, proposes a constitutional amendment modifying appropriation limitations from the Tobacco Settlement Endowment Trust Fund. The measure would dedicate 10 percent of the earnings from the fund annually to adult stem cell research. The measure was amended in the Senate to include funding for the umbilical cord blood bank. Status: Passed the Senate; to the House for consideration of House amendments.

HB 1326, Reynolds/Lamb, prohibits the conducting of non-therapeutic research that destroys a human embryo or subjects it to substantial risk of injury or death; the transfer of a human embryo with the knowledge that it will be subject to non-therapeutic research or the use for research purposes cells or tissues that were knowingly obtained by performing prohibited activities. It makes violations a misdemeanor. Status: Vetoed by the governor; sustained by the Senate.

Volunteer Immunity

HB 1678, Ownbey/Paddack, expands the definition of “volunteer medical professional” and “referred volunteer medical professional” under the Volunteer Medical Professional Services Immunity Act to include a list of licensed medical professions. It grants immunity from civil damages for persons participating in the Oklahoma Medical Reserve Corps and assisting emergency operations or management in disaster drills and community service events. The bill also grants immunity from civil actions to individuals, associations, for-profit or nonprofit organizations, private entities, religious organizations or charitable organizations that voluntarily provide goods and services in preparation for or during a time of emergency. Status: Passed the
Senate; to the House for consideration of Senate amendments.

HB 2093, Kirby/Crain, clarifies language related to civil liability exemptions under the Volunteer Medical Professional Services Immunity Act by adding the term “entity.” Status: To the governor for consideration.

SB 353, Rice/Cox, creates the Volunteer Health Care Services Act, which exempts from additional licensing or certification requirements a duly licensed health care provider who lawfully practices under an exception to licensing and certification requirements. It requires a sponsoring organization providing volunteer medical services to first register with the Department of Health. The measure also exempts from tort liability volunteer crisis response team members operating under the act. It also requires any volunteer service providers to comply with established state practices for a given procedure. Status: Passed both houses; JCC requested.

SB 1129, Anderson/Cox, creates the Uniform Emergency Volunteer Health Practitioners Act, which applies to volunteer health practitioners registered with a registration system established in the act and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect. Status: Signed by the governor.

EMS

HB 1888, Richardson/Sparks, creates the Ambulance Service Districts Act, removing reference to “rural resident” and “rural area.” It states that when a public ambulance service district is totally within the municipal limits of a city, the board of directors of the district is to be the governing body of the city or town. The bill requires every county in the state to submit to the Legislature and the governor by Nov. 1, 2010, an emergency medical services coverage plan. It allows counties and incorporated towns to raise revenue. Status: Passed both houses; to JCC.

SB 357, Crutchfield/Hilliard, authorizes boards of county commissioners to enter into agreements with municipalities for emergency services, including medical attention and wreck removal. Status: To the governor for consideration.

Other Bills of Interest

HB 1127, Benge/Coffee, appropriates $5 million to the Oklahoma State University Medical Authority Disbursing Fund. It also authorizes the use of funds from the Oklahoma State University Medical Authority Disbursing Fund to be used for the purpose of operating the Oklahoma State University Medical Center and supporting the residency program of the OSU Center for Health Sciences. Status: Signed by the governor.

HB 2013, Miller/Aldridge, directs the Department of Public Safety to adopt rules for an online verification system for motor vehicle liability policies. It requires an insured vehicle owner’s security verification form to include the five-digit National Association of Insurance Commissioners company code, the policy number and whether the policy is a commercial auto policy. Status: Passed both houses; to JCC.

HB 2026, Steele/Crain, creates the Health Care for Oklahomans Act, directing the Oklahoma Health Care Authority, in collaboration with the Insurance Department, to establish the Health Care for the Uninsured Board (HUB) to review and establish a system of certification for insurance programs; establish a system whereby if an individual qualifies for a subsidy under the premium assistance program, that person is able to become enrolled in the HUB. The bill directs the Oklahoma Health Care Authority to initiate a program with hospitals and health care providers to enroll patients in health insurance programs at the point of service. It directs the Oklahoma Health Care Workforce Center to establish a program to develop the health care workforce. The measure also authorizes the Oklahoma Health Care Authority to create as part of the premium assistance program an option to purchase a high-deductible health insurance plan that is compatible with a health savings account. It provides a $500 tax credit annually for employers that participate in a Section 125 plan. Status: Passed the Senate; to the House for consideration of Senate amendments.

SB 267, Crain/Cox, allows funds of the Tobacco Settlement Endowment Trust Fund to be used for capital expenditures and operating expenses incurred by the University of Oklahoma Health Sciences Center and the Oklahoma State University College of Osteopathic Medicine for educational programs and residency training. Status: Passed the House; to the Senate for consideration of House amendments.

SB 661, Paddack/Cox, directs the commissioner of health to develop National Hospital Preparedness Program grant programs for private, nonprofit and public entities. Status: Passed the House; to the Senate for consideration of House amendments.

SB 699, Crain/Cox, clarifies language related to the Oklahoma Medicaid False Claims Act. The bill eliminates the 10 percent limit on the share of proceeds of an action which the person would otherwise receive. Status: Signed by the governor.

SB 757, Burrage/Steele, directs the Oklahoma Health Information Security and Privacy Collaboration to evaluate potential barriers to the broad adoption of standards-based electronic health information systems, including electronic health records and statewide health information exchange. Status: Passed both Houses; to JCC.

Archive of past reports