Supreme Court Upholds Licensure Board’s Authority


On March 27, 2023, the Oklahoma Supreme Court upheld the authority of the State Board of Medical Licensure and Supervision and State Board of Pharmacy to regulate the authority of a physician assistant to prescribe Schedule II narcotics.

According to the Court ruling and concurring statement, the opinion stated: “Specifically, Petitioner (Oklahoma Academy of Physician Assistants, Inc.) has failed to show (emphasis added) that, prior to the November 3, 2022, directive issued by the Oklahoma State Board of Pharmacy and the administrative rules adopted by the Oklahoma State Board of Medical Licensure on November 17, 2022, physician assistants possessed statutory authority to prescribe Schedule II narcotics for off-site administration.” 

OSMA along with the Oklahoma Osteopathic Association (OOA), Oklahoma Dental Association and the Academy of Family Physicians filed an Amici Curiae (“friend of the court”) Brief in support of the Board’s authority.