Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 317 By: Deevers
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5 AS INTRODUCED
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6 An Act relating to occupation certification; defining
6 terms; allowing for the private certification of
7 professionals; requiring certain organizations to
7 register with the Secretary of State; allowing the
8 Secretary to impose fees in order to maintain
8 registry; requiring participating organizations to
9 publish certain information for applicants; requiring
9 certain certifications; allowing an organization to
10 require individuals to obtain a bond for liability
10 and pay fees to the organization during
11 certification; permitting an individual privately
11 licensed by an organization to participate in his or
12 her privately licensed occupation lawfully;
12 prohibiting the government from imposing a penalty,
13 fine, or fee on individuals privately licensed;
13 requiring signage of privately licensed individuals;
14 providing necessary information on signage; providing
14 allowable terms for privately licensed individuals to
15 use; establishing conditions for violations by the
15 individual; authorizing the Secretary to terminate
16 registration or participation of organization in
16 violation of consumer protections; providing
17 exceptions not limiting government enactment and
17 enforcement; prohibiting certain actions; providing
18 for codification; and providing an effective date.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 4160 of Title 59, unless there
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24 is created a duplication in numbering, reads as follows:
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1 As used in this act:
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2 1. "Government" means this state and its political
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3 subdivisions;
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4 2. "Lawful occupation" means a course of conduct, pursuit, or
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5 profession that includes the sale of goods or services that is not
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6 itself illegal irrespective of an occupational regulation;
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7 3. "Occupational regulation" means a statute, ordinance, rule,
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8 or other requirement in law that requires an individual to possess
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9 certain personal qualifications to work in a lawful occupation;
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10 4. "Qualifications" means criteria related to an individual's
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11 personal background that may include completion of an approved
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12 educational program, satisfactory performance on an examination,
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13 work experience, criminal history, moral standing, completion of
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14 continuing education, a standard of ethical behavior, or other
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15 criteria as determined by a private certifying organization to
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16 qualify the individual to perform a service to an acceptable
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17 standard as determined by the private certifying organization;
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18 5. "Private certification" means a nontransferable recognition
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19 by a private certifying organization that an individual meets
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20 qualifications determined by the private certifying organization;
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21 6. "Private certifying organization" means a nongovernmental
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22 organization that allows any individual to apply for private
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23 certification regardless of the individual's race, creed, color,
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1 ethnicity, national origin, religion, sex, sexual orientation, or
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2 marital status;
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3 7. "Participating private certifying organization" means a
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4 private certifying organization that registers and otherwise meets
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5 the criteria specified in subsection C of Section 2 of this act; and
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6 8. "Privately certified" is a designated title that an
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7 individual may use if the individual is certified by a participating
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8 private certifying organization.
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9 SECTION 2. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 4160.1 of Title 59, unless there
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11 is created a duplication in numbering, reads as follows:
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12 A. A private certifying organization may voluntarily
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13 participate and register with the government under this section.
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14 B. To participate, a private certifying organization shall
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15 register with the Secretary of State. It shall provide the
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16 Secretary with the organization's name, address, officers, and the
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17 names of individuals initially privately certified. The Secretary
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18 may impose a registration fee to recoup its costs and promulgate
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19 rules and forms to facilitate registration.
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20 C. A participating private certifying organization shall:
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21 1. Publish on a publicly accessible website all of the
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22 following:
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23 a. the scope of practice of each lawful occupation that
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24 the organization certifies,
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1 b. the qualifications that an individual must possess to
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2 become certified by the private certifying
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3 organization,
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4 c. other factors the private certifying organization uses
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5 to certify individuals, which may include consumer
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6 comments, rankings, and other consumer-initiated
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7 elements,
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8 d. the names, business addresses, and websites of all
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9 individuals privately certified by the organization,
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10 and
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11 e. the state in which the private certifying organization
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12 is registered;
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13 2. Require qualifications that are related to the lawful
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14 occupation for which an individual is certified;
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15 3. Verify an individual's qualifications before certification
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16 and annually verify that the certified individual remains eligible
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17 for certification;
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18 4. Require a privately certified individual to prominently
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19 display the private certification and make available material about
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20 the qualification and other factors required for the private
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21 certification on request; and
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22 5. Have at least fifty privately certified individuals in
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23 active practice in the United States after one (1) year of applying
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24 for registration with the Secretary.
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1 D. A participating private certifying organization may require
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2 individuals it certifies to obtain and maintain a bond for liability
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3 that is related to the practice of the individual's privately
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4 certified lawful occupation.
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5 E. A participating private certifying organization may require
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6 a privately certified individual to pay initial and ongoing fees.
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7 SECTION 3. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 4160.2 of Title 59, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. An individual who is certified by a participating private
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11 certifying organization may engage in the lawful occupation for
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12 which that individual is privately certified notwithstanding any
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13 other occupational regulation enacted by the government.
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14 B. The government shall not prohibit or impose a penalty, fine,
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15 or fee on an individual who is certified by a participating private
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16 certifying organization for engaging in a lawful occupation in
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17 compliance with this act.
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18 SECTION 4. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 4160.3 of Title 59, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. An individual who is certified by a participating private
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22 certifying organization and who engages in a lawful occupation for
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23 which the government has otherwise enacted an occupation regulation
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1 shall prominently display a sign with lettering that is at least one
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2 (1) inch in height stating:
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3 1. The government licenses the service;
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4 2. The individual is not licensed by the government;
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5 3. The individual is privately certified with the name of the
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6 private certifying organization; and
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7 4. The contact information for the private certifying
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8 organization.
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9 B. An individual who is certified by a participating private
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10 certifying organization and who is not licensed, registered, or
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11 certified by the government shall not use the term "licensed",
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12 "certified", or "registered" to describe the individual's credential
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13 or any words, titles, abbreviations, or letters that would induce a
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14 reasonably knowledgeable consumer of such services to believe the
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15 privately certified individual is occupationally regulated by the
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16 government.
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17 C. An individual who is certified by a participating private
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18 certifying organization may use the term "privately certified" to
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19 describe the individual's credentials or as part of a title or
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20 designation.
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21 SECTION 5. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 4160.4 of Title 59, unless there
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23 is created a duplication in numbering, reads as follows:
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1 An individual who knowingly and falsely claims to be privately
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2 certified pursuant to this act is guilty of fraud and subject to
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3 penalties under the Oklahoma Consumer Protection Act.
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4 SECTION 6. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 4160.5 of Title 59, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. The Secretary of State shall enforce this act and has the
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8 authority to terminate the government's registration of the
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9 participating private certifying organization for failure to
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10 continue to meet the requirements of subsection C of Section 2 of
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11 this act.
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12 B. The participating private certifying organization that
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13 continues to operate ninety (90) days after failing to meet the
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14 requirements of subsection C of Section 2 of this act is guilty of
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15 fraud and subject to punishment under the Oklahoma Consumer
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16 Protection Act.
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17 C. Except to the extent that this act requires a privately
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18 certified individual to possess qualifications established by the
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19 government to perform a lawful occupation, this act shall not limit
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20 the government's authority to enact and enforce laws relating to:
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21 1. A business license or permit, facility license, building
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22 permit, or land use regulation; and
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23 2. Public health, safety, and environmental regulations through
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24 the enforcement of regulations other than occupational licenses
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1 including the sale and use of substances that endanger public health
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2 and safety if mishandled or improperly dispensed including
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3 chemicals, explosives, and pharmaceuticals.
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4 D. Nothing in this act shall be construed to:
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5 1. Change the government's sole authority to require an
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6 individual to obtain and maintain a government-issued driver license
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7 and related insurance for personal or commercial vehicle use;
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8 2. Limit damages in a private civil action against an
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9 individual who is privately certified or who knowingly and falsely
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10 claims to be privately certified;
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11 3. Require a private party or the government to do business
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12 with an individual who is not licensed, certified, or registered
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13 with the government;
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14 4. Create a cause of action against a private party or the
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15 government;
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16 5. Allow for private certification of occupations regulated by
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17 the federal government or required by federal law to be
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18 occupationally licensed by the government;
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19 6. Require a private certifying organization to participate and
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20 register with the government under this act;
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21 7. Increase the authority of the government to regulate
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22 nonparticipating private certifying organizations;
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1 8. Require doctors and other medical professionals to obtain
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2 operating room privileges or other credentials from the state,
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3 hospitals, or clinics to perform surgery or an operation; or
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4 9. Reduce the authority of the Supreme Court to regulate who
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5 may issue subpoenas, serve discovery, and litigate cases before
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6 state judges.
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7 SECTION 7. This act shall become effective November 1, 2025.
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9 60-1-1423 CAD 12/31/2024 11:09:06 AM
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Req. No. 1423 Page 9Every fact on this page links to its source, starting with the official bill record.