Oklahoma § 59-6011 - Temporary critical need license – Conditions Application

§ 59-6011. 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

Oklahoma Statutes - Title 59. Professions and Occupations

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;

Oklahoma Statutes - Title 59. Professions and Occupations

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.

Added by Laws 2022, c. 262, § 1, eff. July 1, 2022.

Oklahoma Statutes - Title 59. Professions and Occupations