2007 Legislative Report

Oklahoma State Radiological Society

Final Legislative Report: June 2007
First Session of the Oklahoma 51st Legislature
Prepared by: Lynne White

To read the complete text of bills go to www.lsb.state.ok.us. This is the State Legislature's Home Page. Select the Status of Measures button; then select the Current Status button. Select the bill you want to read from the listing included in this report. To read legislation that was passed by both houses and sent to the governor, select the Enrolled button. For questions about legislation contact Lynne White, email: lwhite@okoha.com.

The first session of the 51st Oklahoma Legislature adjourned on May 25th. For the first time in Oklahoma’s history, a 50/50 split among parties in the Oklahoma State Senate provided interesting challenges for lawmakers as well as lobby groups. All in all less legislation was enacted this session. More often than not that is considered a good sign but physicians, hospitals and the business community are disappointed that lawsuit reform was vetoed by the governor. During this interim discussions are continuing between the governor, the legislature and health care and business representatives to reach agreement. Lawsuit reform legislation may be considered in the 2008 session.

Legislation that did not pass in the 2007 session may be considered in the second half of the session beginning in Feb., 2008. The status of this legislation is noted in this report as carryover. The exceptions are those bills that were voted down in committee of either the House or the Senate or on the floor of either house. The subject of bills vetoed by the governor may be considered by the legislature in the 2008 session but will have to be introduced as new legislation. To be signed by the governor he would have to agree with the bill's provisions.

Medicaid Funding and the Uninsured

The Oklahoma Health Care Authority (OHCA), the state's Medicaid agency, received sufficient appropriated state funds to reimburse physicians and other providers at no less than 100 percent of Medicare and maintain hospital provider rates at the federal Upper Payment Limit (the amount Medicare would pay for the same procedure).

The Oklahoma Health Care Authority (OHCA) received $771,709,298. This is a 9.9 percent increase over the agency's fiscal year 2007 appropriation. This budget assumes the OHCA will have $57.5 million in carryover funds for fiscal year 2008, beginning July 1, 2007.

Major funding items include:

$19.9 million needed due to a decrease in federal matching fund (FMAP)
$23.4 million for growth in enrollment/utilization - OHCA historically trends a 9 to 10 percent annual growth/utilization rate. This budget includes funds at a rate of 7 percent.
$13.3 million to annualize hospital rates up to the Upper Payment Limit (UPL)
$9.3 million for a $3.5% increase in hospital reimbursement rates - this is the CPI adjustment needed for fiscal year 2008
$12.4 million for a 7% rate increase for nursing homes
$2.5 million for physician reimbursement
$2.6 million for an anesthesiologist rate increase - this accommodates the difference in the payment methodology for anesthesia services.

HB 1225 - Premium Assistance Program (O-EPIC) Enhancement, Benge/Crutchfield. Prior to the enactment of this measure that expanded the program; businesses with fifty or fewer employees that provide a qualified health insurance plan for their employees were eligible to receive a sixty percent premium reimbursement from the state for their covered employees that earn 185 percent or less of the Federal Poverty Level (FPL). HB 1225 authorizes the OHCA to seek a waiver from CMS to enable small employers with 250 or fewer employees whose income level is 250 percent of the FPL to participate in the program. The measure also provides that if by Jan. 1, 2012, the O-EPIC program is not utilizing more than 75 percent of the dedicated funds; the program will be expanded to include parents of children eligible for Medicaid. Funds utilized for this program are generated via Oklahoma’s tobacco tax. Status: Signed by the governor. Effective Date: 1/1/07.

SB 424 - All Kids Act, Adelson/Cox, directs the OHCA to establish a voucher or subsidy program to provide health insurance coverage for children in families whose income level is between 185 and 300 percent of the FPL to assist their parents in defraying the cost of premiums. To be eligible for the program, the child must:

Be a lawful resident of the state;
Be ineligible for the state Medicaid program; and
Have been without health insurance coverage for at least six months during the first month of operation of the program, with certain exceptions.

The measure also authorizes the OHCA to offer partial or limited coverage to children covered by high deductible health plans or who have private plans that do not provide certain benefits, and to impose certain cost sharing requirements. Status: Signed by the governor. Effective date: 6/4/07.

HB 1303 - Prenatal Care Authorization Amendment, Enns/Adelson, would require the OHCA to bill the federal government for Medicaid services mandated or authorized by federal law for undocumented immigrants. This is a provision under federal law but requires authorization from states to become effective.

Billed services would include emergency services, pregnancy-related services and other services as permitted under federal law. The OHCA would be required to reimburse health care providers for covered services, including hospitals and physicians, at the prevailing Medicaid rate in order to reduce uncompensated care, increase cost-saving birth outcomes, and avoid cost shifting. The bill requires the OHCA, by Dec. 31, 2010, to prepare a report detailing the performance of the requirement, including any demonstrated cost savings, and file the report with the Senate president pro tempore, the House speaker and the governor. Status: Carryover - Failed end of session deadline.

Lawsuit Reform

SB 507 - Comprehensive Lawsuit Reform, Branan/Johnson, provides broad-based lawsuit reform that is supported by hospitals, physicians and business leaders. The measure contains the following:

Reinstitution of the Certificate of Merit requirement which was originally passed by the Oklahoma Legislature in 2004 but was struck down by the Oklahoma Supreme Court last year because the original provision applied only to medical liability - the new proposal applies to all appropriate actions.
Enact a $300,000 cap on non-economic damages.
Eliminates liability for doctors that provide volunteer/charitable care under certain circumstances.
Limit prejudgment interest.
Place new procedural limitations on medical malpractice actions.
Enact a two-year statute of limitations and an 8-year statute of repose in medical liability cases.
Require stricter qualifications for experts in medical liability cases.
Allow evidence of collateral source payments from third parties in medical liability cases.
Eliminate joint and several liability.
Allow periodic payments for damage awards in medical liability cases.
Peer review protection - to encourage our physicians to have frank discussions regarding patient care without fear of lawsuit.
Require reduction of damage awards by percentage of responsibility of settling party.
Enact procedural reforms to prohibit junk science.
Reform class action lawsuits and attorney fees in class action cases. Place limits on product liability actions.
Provide liability protection for teachers and other school officials.
Adopt the federal court rule that requires both parties to agree to the dismissal of the lawsuit.

SB 507 was vetoed by the governor. In his veto message he states, “I have vetoed this bill primarily because several provisions are unconstitutional, and the measure unduly restricts the ability of Oklahomans to seek equal justice through the civil justice system. The measure also makes it virtually impossible for the state to pursue a legal course of action designed to protect its citizens and valuable resources. Finally, the legislation does little to curb frivolous lawsuits.”

Representatives for the Lawsuit Reform Coalition involved in the negotiations with the governor's representatives claim he vetoed the bill basically over two issues: the cap on non-economic damages and the provisions of a class action lawsuit.

The governor proposed the following options regarding the cap on non economic damages:

To allow the cap to be in place only if an offer of settlement has been made, or,
Allow the judge to lift the cap if the judge feels the evidence shows the cap should be lifted.

Secondly, the governor did not like the “opt-in” requirement for potential plaintiff members of a class action lawsuit. His proposal was to allow the judge to decide if such a requirement should be used.

The members of the Lawsuit Reform Coalition felt that the governor's proposals would have resulted in severely limiting the effect of the bill and declined to accept the proposals. Consequently the governor vetoed the bill.

Governor Henry indicated in his news release that he was willing to continue negotiations and hoped for a reform bill by the end of this session. While discussion did continue, no agreement was reached prior to the May 25th session adjournment requirement. At this writing meetings are scheduled between all parties to continue discussions.

SB 930 - Liability Coverage for Volunteer Providers, Paddack/Cox, is a related bill that authorizes the Health Department to enter into agreements with charitable health care providers in which the provider stipulates that when he/she renders professional services to a medically indigent person, the service is provided gratuitously. Providers rendering charitable care are subject to the provisions of the Governmental Tort Claims Act. The measure also provides that when a patient is referred from a free clinic to another charitable health care provider for specialty care that is without compensation, the specialist is also covered under the Governmental Tort Claims Act.

The bill also limits liability as provided by the Governmental Tort Claims Act to licensed medical professionals under contract with city, county or state entities who are providing medical care to inmates or detainees in custody or control of law enforcement agencies; licensed mental health professionals who are conducting initial examinations of individuals for the purpose of determining whether an individual meets the criteria for emergency detention as part of a contract with the Department of Mental Health and Substance Abuse Services; judges presiding over a drug court; and, child-placing agencies licensed by the state that place children in foster homes. The State Department of Health will promulgate rules for the implementation of the measure. Status: Signed by the governor. Effective Date: 11/1/07.

Immigration

HB 1804, Terrill/Williamson, provides that public and private entities shall determine the legal citizenship status of employees, potential employees and those seeking public benefits. The measure does not alter immigration status for affected persons; it only requires state entities and employers to verify status.

Public Benefits: Section 8 of the bill is of particular interest to health care providers. The Oklahoma Hospital Association (OHA) was particularly concerned about this section. After several meetings with the bill's authors OHA determined that in order to provide routine medical care, hospitals are not required to verify immigration status of patients before providing treatment because hospitals are not state agencies who determine eligibility in order for persons to receive benefits. This reasoning should also apply to clinics and physician offices.

HB 1804 follows federal law and exempts from the verification requirement of the Act certain services or programs (according to the Department of Justice, 2001 Federal Register). Following are some of the exempt services:

Emergency medical care
Emergency disaster relief
Immunizations and communicable diseases
Crisis counseling and intervention services
Treatment of mental illness or substance abuse
Medical and public health services necessary to protect life and safety
Police, fire, ambulance, transportation and other regular, widely available services

Requirements for Employers: It appears that the language ultimately agreed upon by the bill's authors and the coalition concerned about some of the bill's provisions will protect Oklahoma employers while still meeting the goals of the authors. According to staff and legal counsel of the Oklahoma State Chamber, key provisions include:

Delaying the effective date for private employers to July 1, 2008. This will allow an opportunity to see how the program works for public employers and make necessary changes during next year’s legislative session.
However, public employers must comply by Nov. 1, 2007. Political subdivisions are included in the definition of public employers so this may have impact for political subdivision hospitals on Nov. 1.
Expanding the “safe harbor” definition of the Status Verification System to allow for more than just registering by employers and using the Homeland Security Department’s online “Basic Pilot Program.”
Restricting legal actions against employers. The bill passed by the House of Representatives would have allowed any terminated employee (who was a U.S. citizen) to file a claim against his/her employer if, at the time of termination, the employer had an “unauthorized alien” on their payroll, anywhere in Oklahoma, regardless of the reason of termination. The new language only makes the employer liable for a “discriminatory act” if they retained an “unauthorized alien” that they knew (or reasonably should have known) was illegal when they terminated a U.S. citizen who is doing the same job. Even then, if the employer is participating in one of several different systems to verify eligibility of employment, the employer is exempt from all liability, investigation and suit from this action.
Clarifying duties for contracting with an individual independent contractor. The original bill was a confusion of employer/employee and contracting business entity/independent contractor language and did not differentiate between royalty owners, stock holders, dividend or interest payments reported on the federal IRS Form 1099. The new language clarifies that this section only applies to contracts between a contracting business entity and an individual independent contractor performing physical services.

Status: Signed by the governor. Effective Date: Nov. 1, 2007, for public entities; July 1, 2008 for private employers.

Hospitals

SB 69 – Public Teleconference, Bass/Blackwell, allows public body's to hold public meetings by videoconference. The measure excludes informal gatherings of a majority of the members of a public body when no business is being discussed from requiring posting in accordance with the Oklahoma Open Meeting Act. The bill modifies the definition of “meeting” to include a videoconference of a majority of a public body's members and adds a definition of “videoconference” which is to replace any reference to “teleconference” in any law relating to the meetings of public bodies. Status: Signed by the governor. Effective Date: 11/1/07.

SB 133 – Carbon Monoxide Detectors, Lerblance/Harrison, requires the installation of approved carbon monoxide detectors in any building structure used as a hospital, church, theater, hotel, motel, apartment house, rooming house, dormitory, rest home, nursing home, day nursery, convalescent home, auditorium, or child care institution. Status: Carryover - held in House committee.

SB 139 – Abortion, Gumm/Hamilton, originally the measure directed the University of Oklahoma Health Sciences Center, in collaboration with the commissioner of health, to establish and maintain a public umbilical cord blood bank for collecting and storing umbilical cord blood and placental tissue donated by maternity patients. On May 14, Rep. Hamilton successfully moved to suspend the House rules to allow the bill to be considered. The original language was stripped and the new bill mirrored SB 714 – Abortion Prohibitions, Williamson/Wright, which was vetoed by the governor, and the veto was sustained by the State Senate.

SB 139 made a significant change from SB 714 by excluding rape as well as incest upon a minor from the bill's provisions. In SB 714, “rape and incest” were not excluded and abortion could only be performed to save the life of the mother.

Basically, SB 139 makes it unlawful for public entities to perform or assist in an abortion that is not necessary to save the life of the mother, unless the person is the victim of rape or a minor who is the victim of incest.

Specifically, the bill modifies the definition of abortion to mean the use or prescription of any instrument, medicine, drug or other substance or device intentionally to terminate the pregnancy of a female with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy or to remove a dead unborn child who died as a result of a spontaneous miscarriage, accidental trauma or criminal assault on the pregnant female or her unborn child.
The measure modifies the definition of “medical emergency” to mean the existence of any physical condition, not including any emotional, psychological or mental condition, which a “reasonably prudent physician with knowledge of the case and treatment possibilities with respect to the medical conditions involved” would determine necessitates the immediate abortion to avert the woman's death or substantial and irreversible impairment of a major bodily function arising from continued pregnancy.
The measure prohibits the use of a public institution, public facility, public equipment or other physical asset owned, leased or controlled by the state or an agency or political subdivisions for the purpose of performing or assisting an abortion not necessary to save the life of the mother.
The measure makes it unlawful for any funds received or controlled by the state or political subdivision, including funds derived from federal, state or local taxes, gifts or grants, from any source, public or private, federal grants or payments or intergovernmental transfers, to be used to encourage or counsel a woman to have an abortion not necessary to save her life. This provision about federally funded programs was amended to say “except to the extent required for continued participation in a federal program.”
The measure includes reporting requirement for physicians who perform abortions to the State Department of Health. This reporting form shall be developed by the State Health Department by Feb. 1, 2008. The information provided by physicians shall be available on the State Health Department's web site.

Status: The governor refused to sign - bill became law without his signature. Effective Date: 11/1/07.

SB 156 – Hospitals Self-Help Act, Laughlin/Blackwell, creates the Act for the establishment of health care districts to promote efficient administration of health care service delivery. Health care districts may be established by local communities and tax dollars may be received for the benefit of hospitals and health care services. Tax dollars could be Medicaid-matched to fund appropriate services. At this time the Centers for Medicare and Medicaid Services (CMS) has not approved similar proposals. SB 156 was held in the House Public Health Committee, however, the language was included in HB 1375, which was approved. Status: Included in HB 1375.

SB 486 – Advance Directive Registry, Lamb/Schwartz, requires the State Board of Health to establish and maintain an advance directives registry. The advance directive will be accessible by the person who executed the advance directive and any person related within the second degree to the person who executed it or a health care provider caring for the person who executed it. The bill also directs the State Board of Health to maintain a Web site of advance directive forms that may be downloaded for printing and word processing programs. Status: Carryover - held in joint conference committee.

SB 512 – Liens, Myers/ Luttrell, authorizes liens for medical claims to be placed on medical diagnostic imaging facilities not affiliated with a hospital that provides diagnostic imaging including magnetic resonance imaging (MRI), Computed Tomography (CT) and Positron Emission Tomography (PET). Status: Carryover - held in House committee.

SB 903 - Twenty First Century Health Education and Research for Oklahoma Task Force, Crain/Cox, creates a 22-member task force until Jan. 31, 2008, to explore methods of long-term financing, to double the number of health care workers, including medical and osteopathic residents in Oklahoma, and invest in research through the University Hospitals Trust and the Oklahoma State University Medical Authority. Status: Signed by the governor. Effective Date: 11/1/07.

HB 1375 – Transfer Agreements, Schwartz/Adelson, amends a health department rule, which has the effect of law, to provide that an ambulatory surgical center shall have a formal transfer agreement with a general hospital, or all physicians performing surgery in the ambulatory surgical center shall have admitting privileges at a general hospital, located not more than 20 minutes away. The Oklahoma Hospital Association supported this provision. Additionally the provisions of SB 156 were amended into this bill. Status: Signed by the governor. Effective date: 11/1/07.

HB 1884 – Hospital/Physician Pricing, Cargill/Lamb, creates a 19-member Healthcare Consumer Transparency Task Force until Dec. 31, 2008, to study and make recommendations regarding a system for hospitals, ambulatory surgical centers and physicians to disclose to consumers the average charges for the treatment of common medical diagnoses and procedures. The task force would be required to review charge transparency in other states, review average charges on common medical diagnoses and/or procedures, examine funding sources to implement the recommendations, and examine methods for patients to determine out-of-pocket expenses to include deductibles and co-payments. The measure requires the task force to publish an initial report of findings and recommendations by Dec. 31, 2007, and a final report by Dec. 31, 2008, including recommendations for any resulting legislation. The measure was amended to modify membership of the Twenty-first Century Health Education and Research for Oklahoma Task Force, increasing the number of members from 22 to 26. Status: Signed by the governor. Effective Date: 7/1/07.

EMS and Public Safety

SB 399 - Catastrophic Health Emergency, Adelson/Cox, adds county and city-county health departments to the list of political subdivisions under the Oklahoma Emergency Management Act of 2003 and adds the appearance of a novel, previously controlled or eradicated infectious agent or biological toxin to the list of “catastrophic health emergency.” Status: Signed by the governor. Effective Date: 11/1/07.

SB 464 - REAL ID Act of 2005, C. Johnson/Key, authorizes the governor to delay compliance with the federal REAL ID Act of 2005 until the federal Department of Homeland Security promulgates rules. The estimated fiscal impact to the state would be $8 million. Status: Signed by the governor. Effective Date: 11/1/07.

SB 639 – Preparedness, Bass/Cox, allows the Department of Health to maintain public health infrastructure and preparedness by entering into contracts for professional services with health-related or other professionals who have retired from state service. Status: Signed by the governor. Effective date: 11/1/07.

HJR 1014 – EMS District Election, Cox/Wyrick, proposes a constitutional amendment that would remove the current tax maximum for emergency medical service districts and would remove the requirement that emergency medical districts follow school district boundary lines. Status: Carryover - held in Senate committee.

Medicaid

SB 240 - Appropriation, Crutchfield/Benge, appropriates $771,709,298 to the Oklahoma Health Care Authority. Status: Signed by the governor. Effective Date: 11/1/07.

SB 465 - Claims, Adelson, directs the Oklahoma Health Care Authority (OHCA) to prioritize payments for damages for medical costs of individuals who have been injured or suffered a disease as a result of negligence or act of another person. The measure prohibits insurers from denying OHCA claims on the basis of the date of submission, format of the claim or failure to present proper documentation of coverage at the point of sale. The measure also expands data-sharing language for OHCA to determine eligibility and coverage information to determine the existence of third party coverage for Medicaid recipients. Status: Carryover - held in Senate committee.

SB 471 - Errors in Billing, C. Johnson, directs the Oklahoma Health Care Authority, to deter abuse and reduce errors in Medicaid billing, payment and eligibility, to provide training to meet standards on at least an annual basis. The measure directs that errors suspected to be fraudulent acts be investigated by the Oklahoma Attorney General. Status: Carryover - held in Senate committee.

SB 889 - Oklahoma Medicaid False Claims Act, Crain/Cox, prohibits the filing of claims for fraudulent Medicaid services. The measure directs the attorney general to investigate violations. This is an agency request bill and was necessary to comply with the federal Deficit Reduction Act. Status: Signed by the governor. Effective Date: 11/1/07.

SB 890 - OHCA Reimbursement, Crain/Sullivan, makes damages for medical costs paid by the Oklahoma Health Care Authority a priority over all other damages and should be paid by the tortfeasor prior to other damages being allocated or paid. This is an agency request bill and was necessary to comply with the federal Deficit Reduction Act. Status: Signed by the governor. Effective Date: 11/1/07.

SCR 6 – SCHIP, Crain/Steele, requests from Congress the reauthorization of the State Children's Health Insurance Program by Concurrent Resolution. Status: To the Secretary of State.

SJR 22 - Breast Cancer, Eason McIntyre/Shumate, extends a request from the Legislature to the Oklahoma Health Care Authority to increase coverage for breast and cervical cancer prevention and treatment to include compression bandages, sleeves and physical therapy. Status: Carryover.

HB 1930 - OHCA Physicians, Steele/Laster, expands coverage under the Governmental Tort Claims Act by adding physicians who have an administrative services contract with the Oklahoma Health Care Authority. Status: Vetoed by the governor.

HB 1931 – OHCA Board, Steele/Adelson, modifies terms from four to seven years for the Oklahoma Health Care Authority board. This is an agency request bill. Status: Carryover - held in Senate committee.

Insurance and OSEEGIB

SB 14 – Colorectal Cancer Screening, Leftwich/Coody, requires health benefit plans that provide medical and surgical benefits, beginning Jan. 1, 2008, to provide coverage for colorectal cancer examinations and laboratory tests for cancer for any nonsymptomatic covered individual who is at least 50 years of age or who is less than 50 years of age and at high risk for colorectal cancer according to the standard, accepted published medical practice guidelines. Status: Carryover - held in House committee.

SB 560 – Clean Claims, Sparks/Sullivan, adds “health care provider” to the list of entities that shall be notified within 30 calendar days after the receipt of the claim if the submitted claim has defects. The bill states that if a claim is not submitted into the system due to a failure to meet basic Electronic Data Interchange (EDI) and/or Health Insurance Portability and Accountability Act (HIPAA) edits, electronic notification of the failure to the submitter would be deemed in compliance with statutory requirements for notification. It also states that health maintenance organizations are not required to notify the insured, enrollee or subscriber, or assignee of the insured, enrollee or subscriber of any claim defect or impropriety. The HMO provision is clarification language because HMO providers do not submit claims in the manner described in the measure. Status: Signed by the governor. Effective Date: 7/1/07.

SB 943 - Child Support Payments, Williamson/Duncan, makes lump-sum payments received from personal injury or wrongful death subject to attachment for satisfaction of liens for child support. The Department of Human Services (DHS) is required to implement the program. The measure requires insurers, prior to making any payment of $500 or more to a claimant, to exchange information with DHS to determine whether the claimant owes past due child support to the state or to an individual to whom the department is providing child support services. The bill requires DHS to develop and implement an insurance industry data match reporting system to compare claimant information held by insurance companies with the department's Child Support Enforcement Division's database of child support obligors who owe past due child support. Status: Signed by the governor. Effective Date: 11/1/07.

HB 1674 – OSEEGIB – Flexible Benefits, Thomsen/Lamb, modifies language relating to the application of flexible benefit allowances for school district employees under the Larry Dickerson Education Flexible Benefits Allowance Act. Status: Signed by the governor. Effective Date: 5/31/07.

HB 1928 – Health Savings Accounts, Steele/Adelson, modifies the Health Savings Account Act to make the maximum contribution allowable equal to that allowed by the Internal Revenue Code. It also modifies provisions governing the treatment of interest regarding the Oklahoma Income Tax Act, directing that the tax imposed on withdrawal, which is included in income, be increased by 10 percent of the amount. It directs the Oklahoma State and Education Employees Group Insurance Board to make high deductible health plans available to eligible employees by Jan. 1, 2009. Any employee who elects to participate in the high deductible health plan would be required to establish a health savings account. Status: Signed by the governor. Effective Date: 6/4/07.

HB 1960 - Discount Medical Cards, by Peterson/Brown, primarily deals with clarification to current law related to several insurance provisions. It also provides that discount medical cards would be required to prominently display the words “this is not insurance” on the card. Status: Signed by the governor. Effective Date: 7/1/07.

HCR 1010, Core Health Benefit Task Force, Peterson/Paddack, creates a 13-member task force to develop recommendations concerning minimum standards for a core benefit plan. The task force’s report is due to the Legislature, Insurance Department and governor by Dec. 31, 2007. Status: Secretary of State.

Professions

SB 455 - Public Health Dental Programs, Adelson,/Martin, creates a Dental Health Service within the Department of Health to manage public dental health efforts. The measure creates a Dental Student Loan Repayment Revolving Fund to repay dental students’ loans. Status: Signed by the governor. Effective Date: 11/1/07.

SB 620 – Behavioral Health Practitioners, Rice/Steele, modifies the requirements for a license to practice as a licensed behavioral practitioner, removing language requiring that all degrees be earned from a program accredited by the Master’s in Psychology Accreditation Council (MPAC). The bill also extends the special volunteer medical license for physicians to include physicians who are actively licensed and practicing in another state. It provides an exception to the indirect compensation aspect of the service, exempting out-of-state physicians that participate in the free medical care given by telemedicine through the Shriners Hospitals for Children national network. Status: Signed by the governor. Effective Date: 11/1/07.

SB 1032 - Chiropractic CE, Easley/Adkins, requires chiropractic physicians attend 16 hours of continuing education each year, with 12 hours to be within the scope of practice of chiropractic as well as technical, professional and practical subjects that relate to the practice of chiropractic, and a maximum four hours to be non-clinical in nature. Status: Signed by the governor. Effective Date: 11/1/07.

HB 1647 Radiologist Assistants, Peterson, permits radiologists to use the services of a radiologist assistant to work under the supervision of a radiologist licensed in Oklahoma. The Board of Medical Licensure and Supervision shall promulgate rules based on the guidelines of the American College of Radiology, the American Society of Radiology Technologists and the American Registry of Radiologic Technologists. Status: Carryover - held in House committee.

Public Health

SB 473 – Smoking – Oklahoma City Zoo, Branan/Cox, prohibits smoking at the Oklahoma City Zoo. The measure also clarifies language related to the Smoking in Public Places and Indoor Workplaces Act. Status: Signed by the governor. Effective Date: 11/1/07.

SB 499 - Oklahoma Task Force on Hunger, Rice/Steele, creates a 15-member task force until Dec. 31, 2007, to consider making recommendations about strategies for coordinating services among federal, state, faith-based and nonprofit organizations to address the problems and deliver services to Oklahomans identified as hungry. Status: Signed by the governor. Effective Date: 5/4/07.

SB 833 – Confidential Information, Sparks/Steele, provides for confidentiality of information and records that identify any person who has participated in a public health investigation or who may have a communicable or non communicable disease which is required to be reported. Status: Signed by the governor. Effective Date: 11/1/07.

SB 1014 - Tobacco Tax – Compact Enforcement, Anderson/Jackson, authorizes the Oklahoma Tax Commission to furnish information requested by the attorney general or district attorneys having specific authority for the enforcement of laws governing the taxation of cigarettes or tobacco products, or a state agency for purposes of enforcing a compact or any tobacco tax laws, or by the governor for purposes of negotiating a compact. The measure modifies requirements for the sale and taxation of cigarettes and tobacco products. The tribes opposed the legislation. Health care providers support this legislation. Status: Carryover - held in joint conference committee.

HB 1601 - Fit Kids, Hickman/Jolley, clarifies that the physical education requirement of at least 60 minutes per week is in addition to recess. HB 1601 calls for a task force to formulate recommendations concerning physical education for Oklahoma students. Status: Signed by the governor. Effective Date: 11/1/07.

HB 1686 - ATV Helmets, Nations/Rice, requires persons under age 18 to wear a crash helmet while operating or riding as a passenger on an all-terrain vehicle (ATV) on public lands. The measure prohibits passengers on ATVs unless that vehicle was designed to carry passengers. Peace officers, including park rangers, would be responsible for enforcement of the bill's provisions. The measure also creates a penalty for parents, legal guardians or others who have actual responsibility for a person under 18 or who are the owners of an ATV operated by a person under 18 who knew or should have known the person operating the ATV was not in compliance with the law. Violators of the preceding provisions would be subject to a fine and court costs not to exceed $25. Status: Signed by the governor. Effective Date: 11/1/07.

Archive of past reports