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Oklahoma Legislature· HB 2298Filed with Secretary of State

An act relating to the practice of nursing, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2298   By: Hilbert

4

5

6                   AS INTRODUCED

7   An Act relating to the practice of nursing; providing

    for independent prescriptive authority of Advanced

8   Practice Registered Nurses who meet certain

    requirements; providing certain construction; stating

9   application criteria; specifying duration of

    authority; authorizing supervision by Advanced

10  Practice Registered Nurse with independent

    prescriptive authority who meets certain

11  requirements; authorizing Oklahoma Board of Nursing

    to prescribe additional qualifications; providing for

12  application approval, denial, reapplication, fees,

    and independent prescriptive authority revocation;

13  amending 59 O.S. 2021, Section 353.1, as amended by

    Section 6, Chapter 288, O.S.L. 2022 (59 O.S. Supp.

14  2023, Section 353.1), which relates to definitions

    used in the Oklahoma Pharmacy Act; modifying and

15  adding definitions; amending 59 O.S. 2021, Section

    353.1a, which relates to prescriptive authority of

16  Advanced Practice Registered Nurses; modifying

    prescriptive authority of certain Advanced Practice

17  Registered Nurses; amending 59 O.S. 2021, Section

    567.3a, which relates to definitions used in the

18  Oklahoma Nursing Practice Act; modifying and adding

    definitions; amending 59 O.S. 2021, Section 567.4a,

19  which relates to prescriptive authority; specifying

    authority of the Board to grant prescriptive

20  authority; directing the Board to promulgate certain

    rules; modifying references; conforming language;

21  clarifying certain educational requirement; amending

    59 O.S. 2021, Section 567.5a, which relates to

22  Advanced Practice Registered Nurse license; providing

    for independent prescriptive authority by

23  endorsement; amending 63 O.S. 2021, Section 2-312, as

    amended by Section 2, Chapter 184, O.S.L. 2022 (63

24  O.S. Supp. 2023, Section 2-312), which relates to

    Req. No. 12016                                         Page 1
1   controlled dangerous substances; conforming language

    relating to supervision requirement; updating

2   statutory language; updating statutory references;

    providing for codification; and providing an

3   effective date.

4

5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

6   SECTION 1.      NEW LAW  A new section of law to be codified

7 in the Oklahoma Statutes as Section 567.4c of Title 59, unless there

8 is created a duplication in numbering, reads as follows:

9   A. 1. An Advanced Practice Registered Nurse recognized by the

10 Oklahoma Board of Nursing as a Certified Nurse Practitioner,

11 Clinical Nurse Specialist, or Certified Nurse-Midwife who has

12 completed a minimum of six thousand two hundred forty (6,240) hours

13 of practice with prescriptive authority supervised by a physician or

14 completed an accredited residency program may apply to the Oklahoma

15 Board of Nursing for authority to prescribe and order independent of

16 supervision. This paragraph shall not be construed to exclude

17 practice hours with supervised prescriptive authority obtained prior

18 to the effective date of this act from being counted toward the

19 hours required in this paragraph.

20  2. The application for independent prescriptive authority shall

21 include proof that the Certified Nurse Practitioner, Clinical Nurse

22 Specialist, or Certified Nurse-Midwife:

23

24

    Req. No. 12016                                                  Page 2
1            a. holds a valid, current license in the appropriate

2               Advanced Practice Registered Nurse role issued by the

3               Board and is in good standing with the Board, and

4            b. has completed a minimum of six thousand two hundred

5               forty (6,240) hours of practice with prescriptive

6               authority supervised by a physician or completed an

7               accredited residency program.

8   3. Independent prescriptive authority granted under this

9 subsection shall be valid until the expiration of the current

10 license to practice and may be renewed upon application to the Board

11 at the same time and for the same period as the renewal of the

12 license to practice.

13  B. The Board shall review any application submitted under this

14 section and shall approve or deny the application, stating the

15 reason or reasons for denial, if denied. If denied, the applicant

16 may reapply using the process prescribed by subsection A of this

17 section.

18  C. The Board may suspend or revoke independent prescriptive

19 authority granted under this section for good cause at any time.

20  D. The Board may establish a fee for the review of initial and

21 renewal applications under the provisions of this section.

22  SECTION 2.      NEW LAW  A new section of law to be codified

23 in the Oklahoma Statutes as Section 567.5b of Title 59, unless there

24 is created a duplication in numbering, reads as follows:

    Req. No. 12016                                                 Page 3
1   A. The Oklahoma Board of Nursing, the State Board of Medical

2 Licensure and Supervision, and the State Board of Osteopathic

3 Examiners shall collaborate to promulgate a uniform set of rules:

4   1. Governing supervision requirements of an Advanced Practice

5 Registered Nurse who has not obtained independent prescriptive

6 authority under Section 1 of this act; and

7   2. That impose a reasonable limit on the monetary amount that a

8 supervising physician may charge an Advanced Practice Registered

9 Nurse for supervision. Nothing in this paragraph shall be construed

10 to require a supervising physician to charge a fee for supervision.

11  B. The Oklahoma Board of Nursing, the State Board of Medical

12 Licensure and Supervision, and the State Board of Osteopathic

13 Examiners may collaborate to promulgate a uniform set of rules

14 imposing a reasonable limit on the number of Advanced Practice

15 Registered Nurses that a physician may supervise; provided, however,

16 such rules shall allow a physician to seek a waiver to exceed this

17 limit for such purposes as may be determined by the Boards in the

18 uniform set of rules.

19  C. The State Board of Medical Licensure and Supervision and the

20 State Board of Osteopathic Examiners shall make available, and keep

21 updated, in a conspicuous location on the Internet website of each

22 Board a list of physicians who are available to supervise Advanced

23 Practice Registered Nurses. The Boards shall develop procedures

24 necessary for the implementation of this section.

    Req. No. 12016                                                 Page 4
1   SECTION 3.      NEW LAW     A new section of law to be codified

2 in the Oklahoma Statutes as Section 355.5 of Title 59, unless there

3 is created a duplication in numbering, reads as follows:

4   A. A licensed practitioner, or the employer of the licensed

5 practitioner on his or her behalf, shall carry malpractice insurance

6 or demonstrate proof of financial responsibility in a minimum amount

7 of One Million Dollars ($1,000,000.00) per occurrence and Three

8 Million Dollars ($3,000,000.00) in the aggregate per year.

9   B. A licensed practitioner who is employed by or under contract

10 with a federal agency that carries malpractice insurance in any

11 amount on behalf of the licensed practitioner shall be deemed in

12 compliance with subsection A of this section when practicing under

13 such federal employment or contract. However, to the extent the

14 licensed practitioner practices outside of such federal employment

15 or contract, the licensed practitioner, or the employer of the

16 licensed practitioner, shall comply with subsection A of this

17 section.

18  SECTION 4.      AMENDATORY  59 O.S. 2021, Section 353.1, as

19 amended by Section 6, Chapter 288, O.S.L. 2022 (59 O.S. Supp. 2023,

20 Section 353.1), is amended to read as follows:

21  Section 353.1. For the purposes of the Oklahoma Pharmacy Act:

22  1. "Accredited program" means those seminars, classes,

23 meetings, work projects, and other educational courses approved by

24

    Req. No. 12016                                                 Page 5
1 the Board State Board of Pharmacy for purposes of continuing

2 professional education;

3   2. "Act" means the Oklahoma Pharmacy Act;

4   3. "Administer" means the direct application of a drug, whether

5 by injection, inhalation, ingestion or any other means, to the body

6 of a patient;

7   4. "Assistant pharmacist" means any person presently licensed

8 as an assistant pharmacist in the State of Oklahoma this state by

9 the Board pursuant to Section 353.10 of this title and for the

10 purposes of the Oklahoma Pharmacy Act shall be considered the same

11 as a pharmacist, except where otherwise specified;

12  5. "Board" or "State Board" means the State Board of Pharmacy;

13  6. "Certify" or "certification of a prescription" means the

14 review of a filled prescription by a licensed pharmacist or a

15 licensed practitioner with dispensing authority to confirm that the

16 medication, labeling, and packaging of the filled prescription are

17 is accurate and meet meets all requirements prescribed by state and

18 federal law. For the purposes of this paragraph, "licensed

19 practitioner" shall not include optometrists with dispensing

20 authority;

21  7. "Chemical" means any medicinal substance, whether simple or

22 compound or obtained through the process of the science and art of

23 chemistry, whether of organic or inorganic origin;

24

    Req. No. 12016                                                Page 6
1   8. "Compounding" means the combining, admixing, mixing,

2 diluting, pooling, reconstituting or otherwise altering of a drug or

3 bulk drug substance to create a drug. Compounding includes the

4 preparation of drugs or devices in anticipation of prescription drug

5 orders based on routine, regularly observed prescribing patterns;

6   9. "Continuing professional education" means professional,

7 pharmaceutical education in the general areas of the socioeconomic

8 and legal aspects of health care; the properties and actions of

9 drugs and dosage forms; and the etiology, characteristics and

10 therapeutics of the diseased state;

11  10. "Dangerous drug", "legend drug", "prescription drug" or "Rx

12 Only" means a drug:

13  a. for human use subject to 21 U.S.C. 353(b)(1), or

14  b. is labeled "Prescription Only", or labeled with the

15  following statement: "Caution: Federal law restricts

16  this drug except for to use by or on the order of a

17  licensed veterinarian.";

18  11. "Director" means the Executive Director of the State Board

19 of Pharmacy unless context clearly indicates otherwise;

20  12. "Dispense" or "dispensing" means the interpretation,

21 evaluation, and implementation of a prescription drug order

22 including the preparation and delivery of a drug or device to a

23 patient or a patient's agent in a suitable container appropriately

24 labeled for subsequent administration to, or use by, a patient.

    Req. No. 12016                                                  Page 7
1 Dispense includes sell, distribute, leave with, give away, dispose

2 of, deliver or supply;

3   13. "Dispenser" means a retail pharmacy, hospital pharmacy, a

4 group of chain pharmacies under common ownership and control that do

5 not act as a wholesale distributor, or any other person authorized

6 by law to dispense or administer prescription drugs, and the

7 affiliated warehouses or distributions of such entities under common

8 ownership and control that do not act as a wholesale distributor.

9 For the purposes of this paragraph, "dispenser" dispenser does not

10 mean a person who dispenses only products to be used in animals in

11 accordance with 21 U.S.C. 360b(a)(5);

12  14. "Distribute" or "distribution" means the sale, purchase,

13 trade, delivery, handling, storage, or receipt of a product, and

14 does not include the dispensing of a product pursuant to a

15 prescription executed in accordance with 21 U.S.C. 353(b)(1) or the

16 dispensing of a product approved under 21 U.S.C. 360b(b); provided,

17 taking actual physical possession of a product or title shall not be

18 required;

19  15. "Doctor of Pharmacy" means a person licensed by the Board

20 to engage in the practice of pharmacy. The terms "pharmacist",

21 "D.Ph.", and "Doctor of Pharmacy" shall be interchangeable and shall

22 have the same meaning wherever they appear in the Oklahoma Statutes

23 and the rules promulgated by the Board;

24

    Req. No. 12016                                              Page 8
1   16. "Drug outlet" means all manufacturers, repackagers,

2 outsourcing facilities, wholesale distributors, third-party

3 logistics providers, pharmacies, and all other facilities which are

4 engaged in dispensing, delivery, distribution or storage of

5 dangerous drugs;

6   17. "Drugs" means all medicinal substances and preparations

7 recognized by the United States Pharmacopoeia Pharmacopeia and

8 National Formulary, or any revision thereof, and all substances and

9 preparations intended for external and/or internal use in the cure,

10 diagnosis, mitigation, treatment or prevention of disease in humans

11 or animals and all substances and preparations, other than food,

12 intended to affect the structure or any function of the body of a

13 human or animals;

14  18. "Drug sample" means a unit of a prescription drug packaged

15 under the authority and responsibility of the manufacturer that is

16 not intended to be sold and is intended to promote the sale of the

17 drug;

18  19. "Durable medical equipment" has the same meaning as

19 provided by Section 2 of this act Section 375.2 of this title;

20  20. "Filled prescription" means a packaged prescription

21 medication to which a label has been affixed which contains such

22 information as is required by the Oklahoma Pharmacy Act;

23

24

    Req. No. 12016                                                 Page 9
1   21. "Hospital" means any institution licensed as a hospital by

2 this state for the care and treatment of patients, or a pharmacy

3 operated by the Oklahoma Department of Veterans Affairs;

4   22. "Licensed practitioner" means:

5   a. an allopathic physician,

6   b. an osteopathic physician,

7   c. a podiatric physician,

8   d. a dentist,

9   e. a veterinarian or,

10  f. an optometrist, or

11  g. a Certified Nurse Practitioner, Clinical Nurse

12                Specialist, or Certified Nurse-Midwife who has

13                obtained independent prescriptive authority under

14                Section 1 of this act,

15 licensed to practice and authorized to prescribe dangerous drugs

16 within the scope of practice of such practitioner;

17  23. "Manufacturer" or "virtual manufacturer" means with respect

18 to a product:

19  a. a person that holds an application approved under 21

20                U.S.C. 355 or a license issued under 42 U.S.C. 262 for

21                such product, or if such product is not the subject of

22                an approved application or license, the person who

23                manufactured the product,

24

    Req. No. 12016                                                Page 10
1            b. a co-licensed partner of the person described in

2            subparagraph a of this paragraph that obtains the

3            product directly from a person described in this

4            subparagraph or subparagraph a of this paragraph,

5            c. an affiliate of a person described in subparagraph a

6            or b of this paragraph who receives the product

7            directly from a person described in this subparagraph

8            or in subparagraph a or b of this paragraph, or

9            d. a person who contracts with another to manufacture a

10           product;

11  24. "Manufacturing" means the production, preparation,

12 propagation, compounding, conversion or processing of a device or a

13 drug, either directly or indirectly by extraction from substances of

14 natural origin or independently by means of chemical or biological

15 synthesis and includes any packaging or repackaging of the

16 substances or labeling or relabeling of its container, and the

17 promotion and marketing of such drugs or devices. The term

18 "manufacturing" manufacturing also includes the preparation and

19 promotion of commercially available products from bulk compounds for

20 resale by licensed pharmacies, licensed practitioners or other

21 persons;

22  25. "Medical gas" means those gases including those in liquid

23 state upon which the manufacturer or distributor has placed one of

24 several cautions, such as "Rx Only", in compliance with federal law;

    Req. No. 12016                                                 Page 11
1   26. "Medical gas order" means an order for medical gas issued

2 by a licensed prescriber;

3   27. "Medical gas distributor" means a person licensed to

4 distribute, transfer, wholesale, deliver or sell medical gases on

5 drug orders to suppliers or other entities licensed to use,

6 administer or distribute medical gas and may also include a patient

7 or ultimate user;

8   28. "Medical gas supplier" means a person who dispenses medical

9 gases on drug orders only to a patient or ultimate user;

10  29. "Medicine" means any drug or combination of drugs which has

11 the property of curing, preventing, treating, diagnosing or

12 mitigating diseases, or which is used for that purpose;

13  30. "Nonprescription drugs" means medicines or drugs which are

14 sold without a prescription and which are prepackaged for use by the

15 consumer and labeled in accordance with the requirements of the

16 statutes and regulations of this state and the federal government.

17 Such items shall also include medical and dental supplies and

18 bottled or nonbulk chemicals which are sold or offered for sale to

19 the general public if such articles or preparations meet the

20 requirements of the Federal Food, Drug, and Cosmetic Act, 21

21 U.S.C.A., Section 321 et seq.;

22  31. "Outsourcing facility" including "virtual outsourcing

23 facility" means a facility at one geographic location or address

24 that:

    Req. No. 12016                                                Page 12
1   a. is engaged in the compounding of sterile drugs,

2   b. has elected to register as an outsourcing facility,

3   and

4   c. complies with all requirements of 21 U.S.C. 353b;

5   32. "Package" means the smallest individual saleable unit of

6 product for distribution by a manufacturer or repackager that is

7 intended by the manufacturer for ultimate sale to the dispenser of

8 such product. For the purposes of this paragraph, "individual

9 saleable unit" means the smallest container of a product introduced

10 into commerce by the manufacturer or repackager that is intended by

11 the manufacturer or repackager for individual sale to a dispenser;

12  33. "Person" means an individual, partnership, limited

13 liability company, corporation or association, unless the context

14 otherwise requires;

15  34. "Pharmacist-in-charge" or "PIC" means the pharmacist

16 licensed in this state responsible for the management control of a

17 pharmacy and all other aspects of the practice of pharmacy in a

18 licensed pharmacy as defined by Section 353.18 of this title;

19  35. "Pharmacy" means a place regularly licensed by the State

20 Board of Pharmacy in which prescriptions, drugs, medicines,

21 chemicals and poisons are compounded or dispensed or such place

22 where pharmacists practice the profession of pharmacy, or a pharmacy

23 operated by the Oklahoma Department of Veterans Affairs;

24

    Req. No. 12016                                                Page 13
1   36. "Pharmacy technician", "technician", "Rx tech", or "tech"

2 means a person issued a Technician permit by the State Board of

3 Pharmacy to assist the pharmacist and perform nonjudgmental,

4 technical, manipulative, non-discretionary functions in the

5 prescription department under the immediate and direct supervision

6 of a pharmacist;

7   37. "Poison" means any substance which when introduced into the

8 body, either directly or by absorption, produces violent, morbid or

9 fatal changes, or which destroys living tissue with which such

10 substance comes into contact;

11  38. "Practice of pharmacy" means:

12  a. the interpretation and evaluation of prescription

13  orders,

14  b. the compounding, dispensing, administering and

15  labeling of drugs and devices, except labeling by a

16  manufacturer, repackager or distributor of

17  nonprescription drugs and commercially packaged legend

18  drugs and devices,

19  c. the participation in drug selection and drug

20  utilization reviews,

21  d. the proper and safe storage of drugs and devices and

22  the maintenance of proper records thereof,

23  e. the responsibility for advising by counseling and

24  providing information, where professionally necessary

    Req. No. 12016                                                Page 14
1   or where regulated, of therapeutic values, content,

2   hazards and use of drugs and devices,

3   f. the offering or performing of those acts, services,

4   operations or transactions necessary in the conduct,

5   operation, management and control of a pharmacy, or

6   g. the provision of those acts or services that are

7   necessary to provide pharmaceutical care;

8   39. "Preparation" means an article which may or may not contain

9 sterile products compounded in a licensed pharmacy pursuant to the

10 order of a licensed prescriber;

11  40. "Prescriber" means a person licensed in this state who is

12 authorized to prescribe dangerous drugs within the scope of practice

13 of the person's profession;

14  41. "Prescription" means and includes any order for drug or

15 medical supplies written or signed, or transmitted by word of mouth,

16 telephone or other means of communication:

17  a. by a licensed prescriber,

18  b. under the supervision of an Oklahoma licensed

19  practitioner, an Oklahoma licensed advanced practice

20  registered nurse or an Oklahoma licensed by a

21  physician assistant pursuant to a practice agreement,

22  or

23  c. (1) under the supervision of a supervising physician,

24                  by a Certified Nurse Practitioner, Clinical Nurse

    Req. No. 12016                                       Page 15
1                   Specialist, or Certified Nurse-Midwife licensed

2                   in this state who has not obtained independent

3                   prescriptive authority under Section 1 of this

4                   act, or

5        (2) by a Certified Nurse Practitioner, Clinical Nurse

6                   Specialist, or Certified Nurse-Midwife licensed

7                   in this state who has obtained independent

8                   prescriptive authority under Section 1 of this

9                   act, or

10       d. by an Oklahoma licensed wholesaler or distributor as

11       authorized in Section 353.29.1 of this title;

12  42. "Product" means a prescription drug in a finished dosage

13 form for administration to a patient without substantial further

14 manufacturing, such as capsules, tablets, and lyophilized products

15 before reconstitution. "Product" does not include blood components

16 intended for transfusion, radioactive drugs or biologics and medical

17 gas;

18  43. "Repackager", including "virtual repackager", means a

19 person who owns or operates an establishment that repacks and

20 relabels a product or package for further sale or distribution

21 without further transaction;

22  44. "Sterile drug" means a drug that is intended for parenteral

23 administration, an ophthalmic or oral inhalation drug in aqueous

24

    Req. No. 12016                                                 Page 16
1 format, or a drug that is required to be sterile under state and

2 federal law;

3   45. "Supervising physician" means an individual holding a

4 current license to practice as a physician from the State Board of

5 Medical Licensure and Supervision, pursuant to the provisions of the

6 Oklahoma Allopathic Medical and Surgical Licensure and Supervision

7 Act, or the State Board of Osteopathic Examiners, pursuant to the

8 provisions of the Oklahoma Osteopathic Medicine Act, who supervises

9 an advanced practice registered nurse a Certified Nurse

10 Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife

11 as defined in Section 567.3a of this title who has not obtained

12 independent prescriptive authority under Section 1 of this act, and

13 who is not in training as an intern, resident, or fellow. To be

14 eligible to supervise an advanced practice registered nurse, such

15 The supervising physician shall remain in compliance with the rules

16 promulgated by the State Board of Medical Licensure and Supervision

17 or the State Board of Osteopathic Examiners;

18  46. "Supportive personnel" means technicians and auxiliary

19 supportive persons who are regularly paid employees of a pharmacy

20 who work and perform tasks in the pharmacy as authorized by Section

21 353.18A of this title;

22  47. "Third-party logistics provider" including "virtual third-

23 party logistics provider" means an entity that provides or

24 coordinates warehousing, or other logistics services of a product in

    Req. No. 12016                                             Page 17
1 interstate commerce on behalf of a manufacturer, wholesale

2 distributor, or dispenser of a product but does not take ownership

3 of the product, nor have responsibility to direct the sale or

4 disposition of the product. For the purposes of this paragraph,

5 "third-party logistics provider" does not include shippers and the

6 United States Postal Service;

7   48. "Wholesale distributor" including "virtual wholesale

8 distributor" means a person other than a manufacturer, a

9 manufacturer's co-licensed partner, a third-party logistics

10 provider, or repackager engaged in wholesale distribution as defined

11 by 21 U.S.C. 353(e)(4) as amended by the Drug Supply Chain Security

12 Act;

13  49. "County jail" means a facility operated by a county for the

14 physical detention and correction of persons charged with, or

15 convicted of, criminal offenses or ordinance violations or persons

16 found guilty of civil or criminal contempt;

17  50. "State correctional facility" means a facility or

18 institution that houses a prisoner population under the jurisdiction

19 of the Department of Corrections;

20  51. "Unit dose package" means a package that contains a single

21 dose drug with the name, strength, control number, and expiration

22 date of that drug on the label; and

23

24

    Req. No. 12016                                                Page 18
1   52. "Unit of issue package" means a package that provides

2 multiple doses of the same drug, but each drug is individually

3 separated and includes the name, lot number, and expiration date.

4   SECTION 5.      AMENDATORY  59 O.S. 2021, Section 353.1a, is

5 amended to read as follows:

6   Section 353.1a. A. Prescribing 1. Prescriptive authority

7 shall be allowed, under the medical direction of a supervising

8 physician, for an advanced practice nurse a licensed Advanced

9 Practice Registered Nurse recognized by the Oklahoma Board of

10 Nursing in one of the following categories: advanced registered

11 nurse practitioners, clinical nurse specialists, or certified nurse-

12 midwives as a Certified Nurse Practitioner, Clinical Nurse

13 Specialist, or Certified Nurse-Midwife who has not obtained

14 independent prescriptive authority under Section 1 of this act.

15  2. Prescriptive authority shall be allowed, independent of the

16 medical direction of a supervising physician, for a licensed

17 Advanced Practice Registered Nurse recognized by the Oklahoma Board

18 of Nursing as a Certified Nurse Practitioner, Clinical Nurse

19 Specialist, or Certified Nurse-Midwife who has obtained independent

20 prescriptive authority under Section 1 of this act.

21  B. The advanced practice nurse Advanced Practice Registered

22 Nurse may write or sign, or transmit by word of mouth, telephone or

23 other means of communication an order for drugs or medical supplies

24 that is intended to be filled, compounded, or dispensed by a

    Req. No. 12016                                                Page 19
1 pharmacist. The supervising physician, if applicable, and the

2 advanced practice nurse prescribing Advanced Practice Registered

3 Nurse shall be identified at the time of origination of the

4 prescription and the name of the advanced practice nurse prescribing

5 Advanced Practice Registered Nurse shall be printed on the

6 prescription label.

7   B. C. Pharmacists may dispense prescriptions for non-controlled

8 prescription drugs authorized by an advanced practice nurse Advanced

9 Practice Registered Nurse or physician assistant, not located in

10 Oklahoma this state, provided that they are licensed in the state in

11 which they are actively prescribing.

12  C. D. 1. Pharmacists may only dispense prescriptions for

13 controlled dangerous substances prescribed by an advanced practice

14 nurse or physician assistant Advanced Practice Registered Nurse

15 licensed in the State of Oklahoma and supervised by an Oklahoma-

16 licensed practitioner this state who meets the criteria in paragraph

17 1 or 2 of subsection A of this section.

18  2. Pharmacists may only dispense prescriptions for controlled

19 dangerous substances prescribed by a physician assistant licensed in

20 this state pursuant to a practice agreement.

21  SECTION 6.      AMENDATORY  59 O.S. 2021, Section 567.3a, is

22 amended to read as follows:

23  Section 567.3a. As used in the Oklahoma Nursing Practice Act:

24  1. "Board" means the Oklahoma Board of Nursing;

    Req. No. 12016                                             Page 20
1   2. "The practice of nursing" means the performance of services

2 provided for purposes of nursing diagnosis and treatment of human

3 responses to actual or potential health problems consistent with

4 educational preparation. Knowledge and skill are the basis for

5 assessment, analysis, planning, intervention, and evaluation used in

6 the promotion and maintenance of health and nursing management of

7 illness, injury, infirmity, restoration or optimal function, or

8 death with dignity. Practice is based on understanding the human

9 condition across the human lifespan and understanding the

10 relationship of the individual within the environment. This

11 practice includes execution of the medical regime including the

12 administration of medications and treatments prescribed by any

13 person authorized by state law to so prescribe;

14  3. "Registered nursing" means the practice of the full scope of

15 nursing which includes, but is not limited to:

16  a. assessing the health status of individuals, families

17  and groups,

18  b. analyzing assessment data to determine nursing care

19  needs,

20  c. establishing goals to meet identified health care

21  needs,

22  d. planning a strategy of care,

23  e. establishing priorities of nursing intervention to

24  implement the strategy of care,

    Req. No. 12016                                                 Page 21
1   f. implementing the strategy of care,

2   g. delegating such tasks as may safely be performed by

3   others, consistent with educational preparation and

4   that do not conflict with the provisions of the

5   Oklahoma Nursing Practice Act,

6   h. providing safe and effective nursing care rendered

7   directly or indirectly,

8   i. evaluating responses to interventions,

9   j. teaching the principles and practice of nursing,

10  k. managing and supervising the practice of nursing,

11  l. collaborating with other health professionals in the

12  management of health care,

13  m. performing additional nursing functions in accordance

14  with knowledge and skills acquired beyond basic

15  nursing preparation, and

16  n. delegating those nursing tasks as defined in the rules

17  of the Board that may be performed by an advanced

18  unlicensed assistive person;

19  4. "Licensed practical nursing" means the practice of nursing

20 under the supervision or direction of a registered nurse, licensed

21 physician or dentist. This directed scope of nursing practice

22 includes, but is not limited to:

23  a. contributing to the assessment of the health status of

24  individuals and groups,

    Req. No. 12016                                       Page 22
1   b. participating in the development and modification of

2   the plan of care,

3   c. implementing the appropriate aspects of the plan of

4   care,

5   d. delegating such tasks as may safely be performed by

6   others, consistent with educational preparation and

7   that do not conflict with the Oklahoma Nursing

8   Practice Act,

9   e. providing safe and effective nursing care rendered

10  directly or indirectly,

11  f. participating in the evaluation of responses to

12  interventions,

13  g. teaching basic nursing skills and related principles,

14  h. performing additional nursing procedures in accordance

15  with knowledge and skills acquired through education

16  beyond nursing preparation, and

17  i. delegating those nursing tasks as defined in the rules

18  of the Board that may be performed by an advanced

19  unlicensed assistive person;

20  5. "Advanced Practice Registered Nurse" means a licensed

21 Registered Nurse:

22  a. who has completed an advanced practice registered

23  nursing education program in preparation for one of

24

    Req. No. 12016                                            Page 23
1   four recognized advanced practice registered nurse

2   Advanced Practice Registered Nurse roles,

3   b. who has passed a national certification examination

4   recognized by the Board that measures the advanced

5   practice registered nurse Advanced Practice Registered

6   Nurse role and specialty competencies and who

7   maintains recertification in the role and specialty

8   through a national certification program,

9   c. who has acquired advanced clinical knowledge and

10  skills in preparation for providing both direct and

11  indirect care to patients; however, the defining

12  factor for all Advanced Practice Registered Nurses is

13  that a significant component of the education and

14  practice focuses on direct care of individuals,

15  d. whose practice builds on the competencies of

16  Registered Nurses by demonstrating a greater depth and

17  breadth of knowledge, a greater synthesis of data, and

18  increased complexity of skills and interventions, and

19  e. who has obtained a license as an Advanced Practice

20  Registered Nurse in one of the following roles:

21  Certified Registered Nurse Anesthetist, Certified

22  Nurse-Midwife, Clinical Nurse Specialist, or Certified

23  Nurse Practitioner.

24

    Req. No. 12016                                       Page 24
1   Only those persons who hold a license to practice advanced

2 practice registered nursing in this state shall have the right to

3 use the title "Advanced Practice Registered Nurse" and to use the

4 abbreviation "APRN". Only those persons who have obtained a license

5 in the following disciplines shall have the right to fulfill the

6 roles and use the applicable titles: Certified Registered Nurse

7 Anesthetist and the abbreviation "CRNA", Certified Nurse-Midwife and

8 the abbreviation "CNM", Clinical Nurse Specialist and the

9 abbreviation "CNS", and Certified Nurse Practitioner and the

10 abbreviation "CNP".

11  It shall be unlawful for any person to assume the role or use

12 the title Advanced Practice Registered Nurse or use the abbreviation

13 "APRN" or use the respective specialty role titles and abbreviations

14 or to use any other titles or abbreviations that would reasonably

15 lead a person to believe the user is an Advanced Practice Registered

16 Nurse, unless permitted by the Oklahoma Nursing Practice Act. Any

17 individual doing so shall be guilty of a misdemeanor, which shall be

18 punishable, upon conviction, by imprisonment in the county jail for

19 not more than one (1) year or by a fine of not less than One Hundred

20 Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or

21 by both such imprisonment and fine for each offense;

22  6. "Certified Nurse Practitioner" is means an Advanced Practice

23 Registered Nurse who performs in an expanded role in the delivery of

24 health care:

    Req. No. 12016                                              Page 25
1

2   a. consistent with advanced educational preparation as a

3   Certified Nurse Practitioner in an area of specialty,

4   b. functions within the Certified Nurse Practitioner

5   scope of practice for the selected area of

6   specialization, and

7   c. is in accord with the standards for Certified Nurse

8   Practitioners as identified by the certifying body and

9   approved by the Board.

10  A Certified Nurse Practitioner shall be eligible, in accordance

11 with the scope of practice of the Certified Nurse Practitioner, to

12 obtain recognition as authorized by the Board to prescribe, as

13 defined by the rules promulgated by the Board pursuant to this

14 section and subject to the medical direction of a supervising

15 physician Section 567.4a of this title and Section 1 of this act.

16 This authorization shall not include dispensing drugs, but shall not

17 preclude, subject to federal regulations, the receipt of, the

18 signing for, or the dispensing of professional samples to patients.

19  The Certified Nurse Practitioner accepts responsibility,

20 accountability, and obligation to practice in accordance with usual

21 and customary advanced practice registered nursing standards and

22 functions as defined by the scope of practice/role definition

23 statements for the Certified Nurse Practitioner;

24

    Req. No. 12016                                                 Page 26
1   7. a. "Clinical Nurse Specialist" is means an Advanced

2   Practice Registered Nurse who holds:

3   (1) a master's degree or higher in nursing with

4                   clinical specialization preparation to function

5                   in an expanded role,

6   (2) specialty certification from a national

7                   certifying organization recognized by the Board,

8   (3) an Advanced Practice Registered Nurse license

9                   from the Board, and

10  (4) any nurse holding a specialty certification as a

11                  Clinical Nurse Specialist valid on January 1,

12                  1994, granted by a national certifying

13                  organization recognized by the Board, shall be

14                  deemed to be a Clinical Nurse Specialist under

15                  the provisions of the Oklahoma Nursing Practice

16                  Act.

17  b. In the expanded role, the Clinical Nurse Specialist

18  performs at an advanced practice level which shall

19  include, but not be limited to:

20  (1) practicing as an expert clinician in the

21                  provision of direct nursing care to a selected

22                  population of patients or clients in any setting,

23                  including private practice,

24

    Req. No. 12016                                          Page 27
1   (2) managing the care of patients or clients with

2                   complex nursing problems,

3   (3) enhancing patient or client care by integrating

4                   the competencies of clinical practice, education,

5                   consultation, and research, and

6   (4) referring patients or clients to other services.

7   c. A Clinical Nurse Specialist in accordance with the

8   scope of practice of such Clinical Nurse Specialist

9   shall be eligible to obtain recognition as authorized

10  by the Board to prescribe, as defined by the rules

11  promulgated by the Board pursuant to this section, and

12  subject to the medical direction of a supervising

13  physician Section 567.4a of this title and Section 1

14  of this act. This authorization shall not include

15  dispensing drugs, but shall not preclude, subject to

16  federal regulations, the receipt of, the signing for,

17  or the dispensing of professional samples to patients.

18  d. The Clinical Nurse Specialist accepts responsibility,

19  accountability, and obligation to practice in

20  accordance with usual and customary advanced practice

21  nursing standards and functions as defined by the

22  scope of practice/role definition statements for the

23  Clinical Nurse Specialist;

24

    Req. No. 12016                                   Page 28
1   8. "Nurse-Midwife" is "Certified Nurse-Midwife" means a nurse

2 who has received an Advanced Practice Registered Nurse license from

3 the Oklahoma Board of Nursing who possesses evidence of

4 certification according to the requirements of the American College

5 of Nurse-Midwives.

6   A Certified Nurse-Midwife in accordance with the scope of

7 practice of such Certified Nurse-Midwife shall be eligible to obtain

8 recognition as authorized by the Board to prescribe, as defined by

9 the rules promulgated by the Board pursuant to this section and

10 subject to the medical direction of a supervising physician Section

11 567.4a of this title and Section 1 of this act. This authorization

12 shall not include the dispensing of drugs, but shall not preclude,

13 subject to federal regulations, the receipt of, the signing for, or

14 the dispensing of professional samples to patients.

15  The Certified Nurse-Midwife accepts responsibility,

16 accountability, and obligation to practice in accordance with usual

17 and customary advanced practice registered nursing standards and

18 functions as defined by the scope of practice/role definition

19 statements for the Certified Nurse-Midwife;

20  9. "Nurse-midwifery practice" means providing management of

21 care of normal newborns and women, antepartally, intrapartally,

22 postpartally and gynecologically, occurring within a health care

23 system which provides for medical consultation, medical management

24

    Req. No. 12016                                                Page 29
1 or referral, and is in accord with the standards for nurse-midwifery

2 practice as defined by the American College of Nurse-Midwives;

3   10. a. "Certified Registered Nurse Anesthetist" is an

4   Advanced Practice Registered Nurse who:

5   (1) is certified by the National Board of

6                   Certification and Recertification for Nurse

7                   Anesthetists as a Certified Registered Nurse

8                   Anesthetist within one (1) year following

9                   completion of an approved certified registered

10                  nurse anesthetist Certified Registered Nurse

11                  Anesthetist education program, and continues to

12                  maintain such recertification by the National

13                  Board of Certification and Recertification for

14                  Nurse Anesthetists, and

15  (2) administers anesthesia in collaboration with a

16                  medical doctor, an osteopathic physician, a

17                  podiatric physician or a dentist licensed in this

18                  state and under conditions in which timely onsite

19                  consultation by such doctor, osteopath, podiatric

20                  physician or dentist is available.

21  b. A Certified Registered Nurse Anesthetist, in

22  collaboration with a medical doctor, osteopathic

23  physician, podiatric physician or dentist licensed in

24  this state, and under conditions in which timely, on-

    Req. No. 12016                                               Page 30
1   site consultation by such medical doctor, osteopathic

2   physician, podiatric physician or dentist is

3   available, shall be authorized, pursuant to rules

4   adopted by the Oklahoma Board of Nursing, to order,

5   select, obtain and administer legend drugs, Schedules

6   II through V controlled substances, devices, and

7   medical gases only when engaged in the preanesthetic

8   preparation and evaluation; anesthesia induction,

9   maintenance and emergence; and postanesthesia care. A

10  Certified Registered Nurse Anesthetist may order,

11  select, obtain and administer drugs only during the

12  perioperative or periobstetrical period.

13  c. A Certified Registered Nurse Anesthetist who applies

14  for authorization to order, select, obtain and

15  administer drugs shall:

16  (1) be currently recognized as a Certified Registered

17                  Nurse Anesthetist in this state,

18  (2) provide evidence of completion, within the two-

19                  year period immediately preceding the date of

20                  application, of a minimum of fifteen (15) units

21                  of continuing education in advanced pharmacology

22                  related to the administration of anesthesia as

23                  recognized by the National Board of Certification

24                  and Recertification for Nurse Anesthetists, and

    Req. No. 12016                                    Page 31
1   (3) complete and submit a notarized application, on a

2                   form prescribed by the Board, accompanied by the

3                   application fee established pursuant to this

4                   section.

5   d. The authority to order, select, obtain and administer

6   drugs shall be terminated if a Certified Registered

7   Nurse Anesthetist has:

8   (1) ordered, selected, obtained or administered drugs

9                   outside of the Certified Registered Nurse

10                  Anesthetist scope of practice or ordered,

11                  selected, obtained or administered drugs for

12                  other than therapeutic purposes, or

13  (2) violated any provision of state laws or rules or

14                  federal laws or regulations pertaining to the

15                  practice of nursing or the authority to order,

16                  select, obtain and administer drugs.

17  e. The Oklahoma Board of Nursing shall notify the State

18  Board of Pharmacy after termination of or a change in

19  the authority to order, select, obtain and administer

20  drugs for a Certified Registered Nurse Anesthetist.

21  f. The Board shall provide by rule for biennial

22  application renewal and reauthorization of authority

23  to order, select, obtain and administer drugs for

24  Certified Registered Nurse Anesthetists. At the time

    Req. No. 12016                                             Page 32
1   of application renewal, a Certified Registered Nurse

2   Anesthetist shall submit documentation of a minimum of

3   eight (8) units of continuing education, completed

4   during the previous two (2) years, in advanced

5   pharmacology relating to the administration of

6   anesthesia, as recognized by the Council on

7   Recertification of Nurse Anesthetists or the Council

8   on Certification of Nurse Anesthetists National Board

9   of Certification and Recertification for Nurse

10  Anesthetists.

11  g. This paragraph shall not prohibit the administration

12  of local or topical anesthetics as now permitted by

13  law. Provided further, nothing in this paragraph

14  shall limit the authority of the Board of Dentistry to

15  establish the qualifications for dentists who direct

16  the administration of anesthesia.

17  h. As used in this paragraph, "collaboration" means an

18  agreement between a medical doctor, osteopathic

19  physician, podiatric physician or dentist performing

20  the procedure or directly involved with the procedure

21  and the Certified Registered Nurse Anesthetist working

22  jointly toward a common goal providing services for

23  the same patient. This collaboration involves the

24  joint formulation, discussion and agreement of the

    Req. No. 12016                                   Page 33
1   anesthesia plan by both parties, and the collaborating

2   medical doctor, osteopathic physician, podiatric

3   physician or dentist performing the procedure or

4   directly involved with the procedure and that

5   collaborating physician shall remain available for

6   timely onsite consultation during the delivery of

7   anesthesia for diagnosis, consultation, and treatment

8   of medical conditions;

9   11. "Supervising physician" means an individual holding a

10 current license to practice as a physician from the State Board of

11 Medical Licensure and Supervision or the State Board of Osteopathic

12 Examiners, who supervises a Certified Nurse Practitioner, a Clinical

13 Nurse Specialist, or a Certified Nurse-Midwife who has not obtained

14 independent prescriptive authority under Section 1 of this act, and

15 who is not in training as an intern, resident, or fellow. To be

16 eligible to supervise such Advanced Practice Registered Nurse, such

17 The supervising physician shall remain in compliance with the rules

18 promulgated by the State Board of Medical Licensure and Supervision

19 or the State Board of Osteopathic Examiners;

20  12. "Supervision of an Advanced Practice Registered Nurse with

21 prescriptive authority" means overseeing and accepting

22 responsibility for the ordering and transmission by a Certified

23 Nurse Practitioner, a Clinical Nurse Specialist, or a Certified

24 Nurse-Midwife who has not obtained independent prescriptive

    Req. No. 12016                                              Page 34
1 authority under Section 1 of this act of written, telephonic,

2 electronic or oral prescriptions for drugs and other medical

3 supplies, subject to a defined formulary; and

4   13. "Advanced Unlicensed Assistant" means any person who has

5 successfully completed a certified training program approved by the

6 Board that trains the Advanced Unlicensed Assistant to perform

7 specified technical skills identified by the Board in acute care

8 settings under the direction and supervision of the Registered Nurse

9 or Licensed Practical Nurse.

10  SECTION 7.      AMENDATORY  59 O.S. 2021, Section 567.4a, is

11 amended to read as follows:

12  Section 567.4a. The Oklahoma Board of Nursing may grant

13 prescriptive authority through the Advanced Practice Registered

14 Nurse license to Certified Nurse Practitioners, Clinical Nurse

15 Specialists, and Certified Nurse-Midwives who meet the requirements

16 for prescriptive authority identified by law and in the Board's

17 rules. The rules regarding prescriptive authority recognition

18 promulgated by the Oklahoma Board of Nursing pursuant to paragraphs

19 6 through 9, 11 and 12 of this section, Section 567.3a of this

20 title, and Section 1 of this act shall:

21  1. Define the procedure for documenting supervision by a

22 supervising physician licensed in Oklahoma to practice by the State

23 Board of Medical Licensure and Supervision or the State Board of

24 Osteopathic Examiners as defined in Section 567.3a of this title of

    Req. No. 12016                                                 Page 35
1 a Certified Nurse Practitioner, Clinical Nurse Specialist, or

2 Certified Nurse-Midwife who has not obtained independent

3 prescriptive authority under Section 1 of this act. Such procedure

4 shall include a written statement that defines appropriate referral,

5 consultation, and collaboration between the Advanced Practice

6 Registered Nurse, recognized to prescribe as defined in paragraphs 6

7 through 9, 11 and 12 of Section 567.3a of this title, and the

8 supervising physician. The written statement shall include a method

9 of assuring availability of the supervising physician through direct

10 contact, telecommunications or other appropriate electronic means

11 for consultation, assistance with medical emergencies, or patient

12 referral. The written statement shall be part of the initial

13 application and the renewal application submitted to the Board for

14 recognition for prescriptive authority for the Advanced Practice

15 Registered Nurse. Changes to the written statement shall be filed

16 with the Board within thirty (30) days of the change and shall be

17 effective on filing;

18  2. Define the procedure for documenting independent

19 prescriptive authority for Certified Nurse Practitioners, Clinical

20 Nurse Specialists, and Certified Nurse-Midwives who have obtained

21 independent prescriptive authority under Section 1 of this act;

22  3. Define minimal requirements for initial application for

23 prescriptive authority which shall include, but not be limited to,

24 evidence of completion of a minimum of forty-five (45) contact hours

    Req. No. 12016                                               Page 36
1 or three (3) academic credit hours of education in

2 pharmacotherapeutics, clinical application, and use of

3 pharmacological agents in the prevention of illness, and in the

4 restoration and maintenance of health in a program beyond basic

5 registered nurse preparation, approved by the Board. Such contact

6 hours or academic credits shall be obtained within a time period of

7 three (3) years immediately preceding the date of application for

8 prescriptive authority;

9   3. 4. Define minimal requirements for application for renewal

10 of prescriptive authority which shall include, but not be limited

11 to, documentation of a minimum of:

12  a. fifteen (15) contact hours or one (1) academic credit

13  hour of education in pharmacotherapeutics, clinical

14  application, and use of pharmacological agents in the

15  prevention of illness, and in the restoration and

16  maintenance of health in a program beyond basic

17  registered nurse preparation, and

18  b. two (2) hours of education in pain management or two

19  (2) hours of education in opioid use or addiction,

20  unless the Advanced Practice Registered Nurse has

21  demonstrated to the satisfaction of the Board that the

22  Advanced Practice Registered Nurse does not currently

23  hold a valid federal Drug Enforcement Administration

24  registration number,

    Req. No. 12016                                        Page 37
1   approved by the Board, within the two-year period immediately

2 preceding the effective date of application for renewal of

3 prescriptive authority;

4   4. 5. Require that beginning July 1, 2002, an Advanced Practice

5 Registered Nurse shall demonstrate demonstrates successful

6 completion of a master's degree or higher in a clinical nurse

7 specialty one of the following Advanced Practice Registered Nurse

8 roles:

9         a. Certified Nurse Practitioner,

10        b. Clinical Nurse Specialist, or

11        c. Certified Nurse-Midwife,

12 in order to be eligible for initial application for prescriptive

13 authority under the provisions of the Oklahoma Nursing Practice Act;

14  5. 6. Define the method for communicating authority to

15 prescribe or termination of same, and the formulary to the State

16 Board of Pharmacy, all pharmacies, and all registered pharmacists;

17  6. 7. Define terminology used in such rules;

18  7. 8. Define the parameters for the prescribing practices of

19 the Advanced Practice Registered Nurse;

20  8. 9. Define the methods for termination of prescriptive

21 authority for the Advanced Practice Registered Nurse; and

22  9. 10. a. Establish a Formulary Advisory Council that shall

23        develop and submit to the Board recommendations for an

24        exclusionary formulary that shall list drugs or

    Req. No. 12016                                               Page 38
1   categories of drugs that shall not be prescribed by an

2   Advanced Practice Registered Nurse recognized to

3   prescribe by the Oklahoma Board of Nursing. The

4   Formulary Advisory Council shall also develop and

5   submit to the Board recommendations for practice-

6   specific prescriptive standards for each category of

7   Advanced Practice Registered Nurse recognized to

8   prescribe by the Oklahoma Board of Nursing pursuant to

9   the provisions of the Oklahoma Nursing Practice Act.

10  The Board shall either accept or reject the

11  recommendations made by the Council. No amendments to

12  the recommended exclusionary formulary may be made by

13  the Board without the approval of the Formulary

14  Advisory Council.

15  b. The Formulary Advisory Council shall be composed of

16  twelve (12) members as follows:

17  (1) four members, to include a pediatrician, an

18                  obstetrician-gynecological physician, a general

19                  internist, and a family practice physician;

20                  provided, that three of such members shall be

21                  appointed by the Oklahoma State Medical

22                  Association, and one shall be appointed by the

23                  Oklahoma Osteopathic Association,

24

    Req. No. 12016                                               Page 39
1   (2) four members who are registered pharmacists,

2                   appointed by the Oklahoma Pharmaceutical

3                   Association, and

4   (3) four members, one of whom shall be a Certified

5                   Nurse Practitioner, one of whom shall be a

6                   Clinical Nurse Specialist, one of whom shall be a

7                   Certified Nurse-Midwife, and one of whom shall be

8                   a current member of the Oklahoma Board of

9                   Nursing, all of whom shall be appointed by the

10                  Oklahoma Board of Nursing.

11  c. All professional members of the Formulary Advisory

12  Council shall be in active clinical practice, at least

13  fifty percent (50%) of the time, within their defined

14  area of specialty. The members of the Formulary

15  Advisory Council shall serve at the pleasure of the

16  appointing authority for a term of three (3) years.

17  The terms of the members shall be staggered. Members

18  of the Council may serve beyond the expiration of

19  their term of office until a successor is appointed by

20  the original appointing authority. A vacancy on the

21  Council shall be filled for the balance of the

22  unexpired term by the original appointing authority.

23  d. Members of the Council shall elect a chair and a vice-

24  chair vice chair from among the membership of the

    Req. No. 12016                                              Page 40
1               Council. For the transaction of business, at least

2               seven members, with a minimum of two members present

3               from each of the identified categories of physicians,

4               pharmacists and advanced practice registered nurses

5               Advanced Practice Registered Nurses, shall constitute

6               a quorum. The Council shall recommend and the Board

7               shall approve and implement an initial exclusionary

8               formulary on or before January 1, 1997. The Council

9               and the Board shall annually review the approved

10              exclusionary formulary and shall make any necessary

11              revisions utilizing the same procedures used to

12              develop the initial exclusionary formulary.

13  SECTION 8.      AMENDATORY    59 O.S. 2021, Section 567.5a, is

14 amended to read as follows:

15  Section 567.5a. A. All applicants for a license to practice as

16 an Advanced Practice Registered Nurse shall be subject to Section

17 567.8 of this title.

18  B. An applicant for an initial license to practice as an

19 Advanced Practice Registered Nurse shall:

20  1. Submit a completed written application and appropriate fees

21 as established by the Oklahoma Board of Nursing;

22  2. Submit a criminal history records check that complies with

23 Section 567.18 of this title;

24  3. Hold a current Registered Nurse license in this state;

    Req. No. 12016                                                Page 41
1   4. Have completed an advanced practice registered nursing

2 education program in one of the four advanced practice registered

3 nurse Advanced Practice Registered Nurse roles and a specialty area

4 recognized by the Board. Effective January 1, 2016, the applicant

5 shall have completed an accredited graduate level advanced practice

6 registered nursing education program in at least one of the

7 following population foci: family/individual across the lifespan,

8 adult-gerontology, neonatal, pediatrics, women's health/gender-

9 related, or psychiatric/mental health;

10  5. Be currently certified in an advanced practice specialty

11 certification consistent with educational preparation and by a

12 national certifying body recognized by the Board; and

13  6. Provide any and all other evidence as required by the Board

14 in its rules.

15  C. The Board may issue a license by endorsement to an Advanced

16 Practice Registered Nurse licensed under the laws of another state

17 if the applicant meets the qualifications for licensure in this

18 state. An applicant by endorsement shall:

19  1. Submit a completed written application and appropriate fees

20 as established by the Board;

21  2. Hold a current Registered Nurse license in this state;

22  3. Hold recognition as an Advanced Practice Registered Nurse in

23 a state or territory;

24

    Req. No. 12016                                                 Page 42
1   4. Have completed an advanced practice registered nursing

2 education program in one of the four roles and a specialty area

3 recognized by the Board. Effective January 1, 2016, the applicant

4 shall have completed an accredited graduate level advanced practice

5 registered nursing education program in at least one of the

6 following population foci: family/individual across the lifespan,

7 adult-gerontology, neonatal, pediatrics, women's health/gender-

8 related, or psychiatric/mental health;

9   5. Be currently certified in an advanced practice specialty

10 certification consistent with educational preparation and by a

11 national certifying body recognized by the Board;

12  6. Meet continued competency requirements as set forth in Board

13 rules; and

14  7. Provide any and all other evidence as required by the Board

15 in its rules.

16  D. The Board may issue prescriptive authority recognition by

17 endorsement to an Advanced Practice Registered Nurse licensed as an

18 APRN-CNP, APRN-CNS, or APRN-CNM under the laws of another state if

19 the applicant meets the requirements set forth in this section. An

20 applicant for prescriptive authority recognition by endorsement

21 shall:

22  1. Submit a completed written application and appropriate fees

23 as established by the Board;

24

    Req. No. 12016                                                 Page 43
1   2. Hold current Registered Nurse and Advanced Practice

2 Registered Nurse licenses (APRN-CNP, APRN-CNS, or APRN-CNM) in the

3 state;

4   3. Hold current licensure or recognition as an Advanced

5 Practice Registered Nurse in the same role and specialty with

6 prescribing privileges in another state or territory;

7   4. Submit documentation verifying successful completion of a

8 graduate level advanced practice registered nursing education

9 program that included an academic course in pharmacotherapeutic

10 management, and didactic and clinical preparation for prescribing

11 incorporated throughout the program;

12  5. Submit a written statement from an Oklahoma licensed

13 physician supervising prescriptive authority as required by the

14 Board in its rules, or submit documentation that the applicant meets

15 the requirements for independent prescriptive authority under

16 Section 1 of this act;

17  6. Meet continued competency requirements as set forth in Board

18 rules; and

19  7. Provide any and all other evidence as required by the Board

20 in its rules.

21  E. An Advanced Practice Registered Nurse license issued under

22 this section shall be renewed concurrently with the registered nurse

23 license, provided that qualifying criteria continue to be met.

24

    Req. No. 12016                                                 Page 44
1   F. The Board may reinstate a license as set forth in Board

2 rules.

3   SECTION 9.      AMENDATORY  63 O.S. 2021, Section 2-312, as

4 amended by Section 2, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2023,

5 Section 2-312), is amended to read as follows:

6   Section 2-312. A. A physician, podiatrist, optometrist or a

7 dentist who has complied with the registration requirements of the

8 Uniform Controlled Dangerous Substances Act, in good faith and in

9 the course of such person's professional practice only, may

10 prescribe and administer controlled dangerous substances, or may

11 cause the same to be administered by medical or paramedical

12 personnel acting under the direction and supervision of the

13 physician, podiatrist, optometrist or dentist, and only may dispense

14 controlled dangerous substances pursuant to the provisions of

15 Sections 355.1 and 355.2 of Title 59 of the Oklahoma Statutes.

16  B. A veterinarian who has complied with the registration

17 requirements of the Uniform Controlled Dangerous Substances Act, in

18 good faith and in the course of the professional practice of the

19 veterinarian only, and not for use by a human being, may prescribe,

20 administer, and dispense controlled dangerous substances and may

21 cause them to be administered by an assistant or orderly under the

22 direction and supervision of the veterinarian.

23  C. 1. An advanced practice nurse Advanced Practice Registered

24 Nurse who is recognized to prescribe by the Oklahoma Board of

    Req. No. 12016                                                 Page 45
1 Nursing as an advanced registered nurse practitioner, clinical nurse

2 specialist or certified nurse-midwife, a Certified Nurse

3 Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife

4 but who has not obtained independent prescriptive authority under

5 Section 1 of this act and therefore is subject to medical direction

6 by a supervising physician, pursuant to Section 567.3a of Title 59

7 of the Oklahoma Statutes, and who has complied with the registration

8 requirements of the Uniform Controlled Dangerous Substances Act, in

9 good faith and in the course of professional practice only, may

10 prescribe and administer Schedule III, IV and V controlled dangerous

11 substances.

12  2. An Advanced Practice Registered Nurse who is recognized to

13 prescribe by the Oklahoma Board of Nursing as a Certified Nurse

14 Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife

15 who has obtained independent prescriptive authority under Section 1

16 of this act, and who has complied with the registration requirements

17 of the Uniform Controlled Dangerous Substances Act, in good faith

18 and in the course of professional practice only, may prescribe and

19 administer Schedule III, IV, and V controlled dangerous substances.

20  D. An advanced practice nurse Advanced Practice Registered

21 Nurse who is recognized to order, select, obtain and administer

22 drugs by the Oklahoma Board of Nursing as a certified registered

23 nurse anesthetist Certified Registered Nurse Anesthetist pursuant to

24 Section 353.1b of Title 59 of the Oklahoma Statutes and who has

    Req. No. 12016                                          Page 46
1 complied with the registration requirements of the Uniform

2 Controlled Dangerous Substances Act, in good faith and in the course

3 of such practitioner's professional practice only, may order,

4 select, obtain and administer Schedules II through V controlled

5 dangerous substances in a preanesthetic preparation or evaluation;

6 anesthesia induction, maintenance or emergence; or postanesthesia

7 care setting only. A certified registered nurse anesthetist

8 Certified Registered Nurse Anesthetist may order, select, obtain and

9 administer such drugs only during the perioperative or

10 periobstetrical period.

11  E. A physician assistant who is recognized to prescribe by the

12 State Board of Medical Licensure and Supervision under the medical

13 direction of a supervising physician, pursuant to Section 519.6 of

14 Title 59 of the Oklahoma Statutes, and who has complied with the

15 registration requirements of the Uniform Controlled Dangerous

16 Substances Act, in good faith and in the course of professional

17 practice only, may prescribe and administer Schedule II through V

18 controlled dangerous substances.

19  SECTION 10. This act shall become effective November 1, 2025.

20

21  60-1-12016      TKR     01/13/25

22

23

24

    Req. No. 12016                                                Page 47
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