Oklahoma SB 867: Abortion; modifying certain definition; deleting certain exception; prohibiting renewal of physician license for certain acts. Effective date.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 57th Legislature (2019)

SENATE BILL NO. 867 By: Dahm

AS INTRODUCED

An Act relating to abortion; amending 59 O.S. 2011,
Section 509, as amended by Section 2, Chapter 175,
O.S.L. 2018 (59 O.S. Supp. 2018, Section 509), which
relates to the Oklahoma Allopathic Medical and
Surgical Licensure and Supervision Act; modifying
definition; updating statutory reference; amending 59
O.S. 2011, Section 637, which relates to the Oklahoma
Osteopathic Medicine Act; adding certain grounds for
disciplinary action; updating statutory language;
amending 63 O.S. 2011, Section 1-731, which relates
to abortions; deleting certain exception; prohibiting
issuance or renewal of physician license for certain
acts; requiring State Board of Medical Licensure and
Supervision and State Board of Osteopathic Examiners
to revoke licenses for certain acts; directing
promulgation of rules; and providing an effective
date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 509, as
amended by Section 2, Chapter 175, O.S.L. 2018 (59 O.S. Supp. 2018,
Section 509), is amended to read as follows:
Section 509. The words "unprofessional conduct" as used in
Sections 481 through 518.1 of this title are hereby declared to
include, but shall not be limited to, the following:

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1. Procuring, aiding or abetting a criminal operation;
2. The obtaining of any fee or offering to accept any fee,
present or other form of remuneration whatsoever, on the assurance
or promise that a manifestly incurable disease can or will be cured;
3. Willfully betraying a professional secret to the detriment
of the patient;
4. Habitual intemperance or the habitual use of habit-forming
drugs;
5. Conviction of a felony or of any offense involving moral
turpitude;
6. All advertising of medical business in which statements are
made which are grossly untrue or improbable and calculated to
mislead the public;
7. Conviction or confession of a crime involving violation of:
a. the antinarcotic or prohibition laws and regulations
of the federal government,
b. the laws of this state, or
c. State Board of Health rules;
8. Dishonorable or immoral conduct which is likely to deceive,
defraud, or harm the public;
9. The commission of any act which is a violation of the
criminal laws of any state when such act is connected with the
physician's practice of medicine. A complaint, indictment or
confession of a criminal violation shall not be necessary for the

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enforcement of this provision. Proof of the commission of the act
while in the practice of medicine or under the guise of the practice
of medicine shall be unprofessional conduct;
10. Failure to keep complete and accurate records of purchase
and disposal of controlled drugs or of narcotic drugs;
11. The writing of false or fictitious prescriptions for any
drugs or narcotics declared by the laws of this state to be
controlled or narcotic drugs;
12. Prescribing or administering a drug or treatment without
sufficient examination and the establishment of a valid physician-
patient relationship;
13. The violation, or attempted violation, direct or indirect,
of any of the provisions of the Oklahoma Allopathic Medical and
Surgical Licensure and Supervision Act, either as a principal,
accessory or accomplice;
14. Aiding or abetting, directly or indirectly, the practice of
medicine by any person not duly authorized under the laws of this
state;
15. The inability to practice medicine with reasonable skill
and safety to patients by reason of age, illness, drunkenness,
excessive use of drugs, narcotics, chemicals, or any other type of
material or as a result of any mental or physical condition. In
enforcing this subsection the State Board of Medical Licensure and
Supervision may, upon probable cause, request a physician to submit

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to a mental or physical examination by physicians designated by it.
If the physician refuses to submit to the examination, the Board
shall issue an order requiring the physician to show cause why the
physician will not submit to the examination and shall schedule a
hearing on the order within thirty (30) days after notice is served
on the physician. The physician shall be notified by either
personal service or by certified mail with return receipt requested.
At the hearing, the physician and the physician's attorney are
entitled to present any testimony and other