Legislative Update: February 7, 2020

The Second Session of the 57th Oklahoma State Legislature began Monday, February 3, 2020. Of the more than 2,400 pieces of legislation filed, approximately 250 measures affect medicine or health care. The OSMA Lobby team and Legislative Council have reviewed those measures to determine their impact on the “House of Medicine”.

Of course, the topic of Medicaid Expansion or an “Oklahoma Plan” for delivering health care has been a hot topic over the interim. With SQ 802 (Full Constitutional Medicaid Expansion under the Affordable Care Act) awaiting placement on a statewide ballot and Governor Stitt’s recent proposal of a Healthy Adult Opportunity Block Grant funded by the Supplemental Hospital Offset Payment Program (SHOPP); a portion of the Tobacco Settlement Endowment Trust (TSET) investment/interest income; and patient co-pay dollars, the landscape of Oklahoma’s health care delivery system is facing a new and unknown future.

Legislative Issues Important to OSMA

Scope of Practice: The delivery of health care is a TEAM EFFORT! When determining diagnosis and treatment, physicians have the highest level of training and experience to lead that team. MD’s and DO’s MUST remain an essential part of that structure. Several “scope of practice” measures have been filed, including the following:

SB 1848 (Rosino) – Requires that nurse anesthetists administer anesthesia and certain controlled substances in collaboration with, not under the supervision of, a physician. OSMA OPPOSES (this language is currently in negotiation)

SB 1915 (David) – Allows Physician Assistants to practice under a collaborative agreement with a physician rather than being supervised. This measure allows PAs to be considered Primary Care physicians and also expands prescriptive authority. OSMA OPPOSES

SB 1917 (Coleman) – Allows prescriptive authority for Advanced Practice Registered Nurses. OSMA OPPOSES

HB 2194 (Randleman) – Expands the definition of “physician” to include psychologist, therapist or counselor. Carry over from 2019 Session. Rep. Randleman also filed a shell bill this year (HB 3431) which is anticipated to contain the same or similar language. OSMA OPPOSES

SB 1823 (Stanley) – Provides for oversight and licensing of midwifery. OSMA SUPPORTS


HB 1182 (Olsen/Allen) – Provides that performing an abortion, a legally allowable procedure, for reasons other than saving the life of the mother shall be grounds for license revocation. (PASSED House Floor 71-21; to Senate) OSMA OPPOSES

SB 1892 (Rader) – Allows a tax credit for a medical school “preceptor” (uncompensated trainer) for allopathic; osteopathic; APRN and PA training programs. OSMA SUPPORTS

Insurance Reform

SB 1556 (Newhouse) – Requires insurance companies that have received an appeal of a denied claim by a healthcare provider to give written details of the reason for claim denial. OSMA SUPPORTS

SB 1718 (Montgomery/Echols) – Mental Health Parity: Provides for mental health insurance coverage parity by mirroring current federal law. This will better allow Oklahoma enforcement to require mental health care to be covered at the same level as physical health care. OSMA SUPPORTS

HB 1053 (McEntire/Quinn) – Creates Out-of-Network Surprise Billing Transparency Act to best accommodate payment to out-of-network providers for patient services rendered during an in-network medical procedure. This measure is still in the negotiation stages between the legislative leadership, the Oklahoma Insurance Department and the medical community (several measures have been filed on this subject). OSMA SUPPORTS

HB 3029 (Bush) Oklahoma Health Care Cost Transparency Act: Patterned after Colorado law, this measure requires a health care facility/provider to publicly disclose the cost for the most utilized procedures if purchased on a cash basis regardless of insurance coverage. OSMA SUPPORTS

Public Health

SB 1423 (McCortney) – Raises the age to purchase tobacco products from 18 to 21. This would mirror federal law and allow enforcement to be conducted at a state and local level. OSMA SUPPORTS

SB 1914 (Newhouse) – Requires physicians signing medical marijuana licenses for minors must also have completed residency training in Family Medicine or completed fellowship training in a subspecialty of Pediatrics. OSMA SUPPORTS

HB 3315 (Blancett) – Defines and places an excise tax on electronic smoking devises (vaping). OSMA SUPPORTS

HB 3384 (Wright) – Creates the Oklahoma Workplace Clean Air Act by prohibiting smoking in all enclosed public places. OSMA SUPPORTS

HB 3506 (Sneed) – Permits persons 16 years of age or older to use any tanning devises with parental consent. OSMA OPPOSES (OSMA was instrumental in passing tanning bed restrictions for minors in 2016)

SB 1290 (Weaver/Roe) Medical Care Provider Protection Act – Expands unlawful assault and battery on medical care providers to include non-emergency personnel. OSMA SUPPORTS

Vaccinations: Proper immunization is in the best interest of Oklahoma’s public health. OSMA has spearheaded the creation of an Oklahoma Vaccination Coalition consisting of nearly 30 medical, social and tribal organizations which support new draft Oklahoma State Department of Health (OSDH) rules requiring personal and religious immunization exemptions be processed through the OSDH. OSMA SUPPORTS

HB 3014 (Gann) – Expands parental decision-making authority to include various procedures including vaccinations. OSMA OPPOSES


SB 1278 (Rader/Echols) – Exempts hospice program practitioners from pill limit restrictions. OSMA SUPPORTS

Legal Reform

SJR 40 (Daniels) – Creates a State Question reinstituting a cap on non-economic damages. OSMA SUPPORTS


An afternoon at the Capitol (2:00p Briefing at OSMA and transportation to Capitol provided)
Legislative Reception at OSMA