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Final Weekly Legislative Update: May 29, 2020

Thank you to those OSMA Members who continue to prove their dedication to promoting

and supporting Oklahoma’s public health while we all face the COVID-19 pandemic. You are to be applauded!

Please go to the OSMA website and visit ourCOVID-19 Resource Pagefor updated information.


The 57th Legislative Session has officially adjourned. No meetings or action took place this week. The following is theFINAL UPDATEon many of the measures of which the Oklahoma State Medical Association was actively engaged (all measures become effective November 1, 2020 unless otherwise noted):

Scope of Practice

SB 1915 (David/Pfeiffer)– Legislative leaders from both the House and Senate insisted a PA measure be heard this session. This being the case, negotiations on SB 1915 continued throughout the week. The final version specifically states that PAs cannot “provide health care services independent of physician supervision”. The language allows PAs to be considered “primary care providers” allowing them to direct bill for service provided under their “delegating physician” agreement. The measure also states, “at all times a physician assistant shall be considered an agent of the delegating physician”. The language was reviewed by the Oklahoma Patients’ Coalition (all Physician specialty societies) before being considered in the legislature. OSMA, OOA and OAFP all became neutral on the bill. (Passed House 81-16; Passed Senate 43-1;Signed by Governor; EFFECTIVE August 27, 2020)OSMA NEUTRAL

SB 801 (Rosino/McEntire) Signed by Governor– Requires that nurse anesthetists administer anesthesia and certain controlled substancesin collaboration with, not under the supervision of, a physician. The negotiated definition of the term “collaboration” was agreed upon by the Oklahoma Society of Anesthesiologists and the Oklahoma Association of Nurse Anesthetists. (Passed Senate 44-0; Passed House 100-0;Signed by Governor)OSMA NEUTRAL

SB 1823 (Stanley/Roe)– Provides for oversight and licensing of midwifery and establishes their scope of practice. (Passed Senate 41-5; Passed House 85-12;Signed by Governor)OSMA SUPPORTS

HB 3862 (Martinez/Rosino)– Allows optometrists to dispense certain drugs and drug samples. (Passed House 72-1; Passed Senate 31-12;Signed by Governor)OSMA OPPOSED(NOTE: OSMA joined OOA; OHA; OAFP; Dental Assn.; Pharmacy Assn.; Podiatric Assn; Psychiatric Physicians Assn; Ophthalmology Assn; Pediatric Assn; OB/GYN Academy; and, Society of Anesthesiologists requesting the Governor VETO this measure)

Liability Limits

SB 300 (Daniels/O’Donnell)COVID-19 Public Health Emergency Limited Liability Act.This measure places immunity from civil liability for a physician, other health care provider or health care facility resulting from an act or omission occurring when arranging or providing services for the treatment of a person with a suspected or confirmed diagnosis of COVID-19. Limits will not be in place if the act or omission was the result of gross negligence or willful or wanton misconduct. The provisions go into effect immediately upon being signed into law and will be in effect until October 31, 2020, or until such time as the Governor affirmatively concludes the health emergency declarations, whichever is later. (Passed House 95-2; Passed Senate 38-9;Signed by Governor; EFFECTIVE May 12, 2020)OSMA SUPPORTS

SB 1947 (Treat/McCall)– Product Liability: Provides that any entity that designs, manufactures, distributes, or donates disinfecting and cleaning supplies or personal protective equipment (PPE) in response to the COVID-19 pandemic that does not make such products in the ordinary course of business shall not be liable in a civil action alleging personal injury, death or property damage caused by or resulting from the product’s manufacturing or design, or a failure to provide proper instructions or sufficient warnings. (Passed Senate 33-11; Passed House 82-15;Signed by Governor)OSMA NEUTRAL

SB 1946 (Treat/McCall)– Civil Liability: Provides that an Oklahoma individual, business or corporation shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if that individual, business or corporation was in compliance or consistent with federal or state regulations, a Presidential or Gubernatorial Executive Order, or guidance applicable at the time of the alleged exposure. (Passed Senate 34-11; Passed House 76-20;