STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 130	By:	Anderson

AS INTRODUCED

An Act relating to nursing; amending 59 O.S. 2011, Section 567.4, which relates to the Oklahoma Board of Nursing; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 567.4, is amended to read as follows:
Section 567.4.  A.  The Oklahoma Board of Nursing is hereby established in the State of Oklahoma.  The Board shall consist of eleven (11) members who shall be citizens of the United States of America, and residents of Oklahoma, for at least the previous three (3) years., as follows:
1.  Six of the members shall be registered nurses, in good standing under the provisions of the Oklahoma Nursing Practice Act, currently engaged in the practice of nursing as a registered nurse and shall have had no less than five (5) years of experience as a registered nurse.  At least two of the registered nurses shall be from the field of nursing education, actively associated with a recognized school of nursing in Oklahoma, and who hold an organizational role of administration/management and who are accountable for strategic, operational and/or performance outcomes.  At least two of the registered nurses who hold an organizational role of administration/management and who are accountable for strategic, operational and/or performance outcomes shall represent nursing service.  At least one of the registered nurses shall be currently engaged in the practice of nursing as an advanced practice nurse.;
2.  Three of the members shall be licensed practical nurses in good standing under the provisions of the Oklahoma Nursing Practice Act and currently engaged in the practice of practical nursing as a licensed practical nurse and shall have had no less than five (5) years of experience as a licensed practical nurse.  One of the licensed nurses must be employed in the field of long-term care.  One of the licensed nurses shall be employed in the area of acute care.; and
3.  Two members shall represent the public and shall be eligible voters of this state, knowledgeable in consumer health concerns, and shall neither be nor ever have been associated with the provision of health care, nor be enrolled in any health-related educational program.  The public members shall be appointed by the Governor to serve coterminously with the Governor.
At least one registered nurse Board member, one licensed practical nurse Board member and one public Board member shall be appointed from a county with a population of less than forty thousand (40,000).
B.  For the purpose of nominating, appointing or reappointing members to the Board, this state shall be divided into eight geographical districts, consisting of counties within the districts as follows:
District No. 1	Cimarron, Texas, Beaver, Harper, Woods, Alfalfa, Grant, Kay, Ellis, Woodward, Major, Garfield, Noble, Dewey, Blaine, Kingfisher and Logan;
District No. 2	Roger Mills, Custer, Beckham, Washita, Caddo, Greer, Kiowa, Harmon, Jackson, Comanche, Tillman and Cotton;
District No. 3	Canadian, Grady, McClain, Garvin, Stephens, Murray, Jefferson, Carter and Love;
District No. 4	Oklahoma;
District No. 5	Lincoln, Okfuskee, Cleveland, Pottawatomie, Seminole, Hughes, Pontotoc, Coal, Johnston, Marshall and Bryan;
District No. 6	Creek and Tulsa;
District No. 7	Osage, Washington, Nowata, Craig, Ottawa, Pawnee, Payne, Rogers, Mayes and Delaware; and
District No. 8	Wagoner, Cherokee, Adair, Okmulgee, Muskogee, Sequoyah, McIntosh, Haskell, Leflore, Pittsburg, Latimer, Atoka, Pushmataha, McCurtain and Choctaw.
Not more than one registered nurse and one licensed practical nurse and one public member shall be appointed from any one geographical district.
C.  The Governor shall appoint the Registered Nurse Board members from a list of names submitted by the Oklahoma Nurses Association and Oklahoma chapters of nationally recognized registered nurse organizations.  The Governor shall appoint the licensed practical nurse Board members from a list of names submitted by the Oklahoma State Association of LPN's and Oklahoma chapters of nationally recognized practical nurse organizations.  Individuals who are members of the Oklahoma Board of Nursing prior to the effective date of this act shall be allowed to fulfill their terms and be eligible for reappointment.
D.  The Registered Nurse and Licensed Practical Nurse members shall be appointed for terms of five (5) years.  Upon the death, resignation, or removal of any member, a list from the aforementioned organizations shall be submitted to the Governor who shall appoint a member to fill the vacancy.
1.  In addition to the grounds for removal by the Governor of members appointed to the Board provided in Section 2 of Title 74 of the Oklahoma Statutes, it is a ground for removal if a member:
a.	does not have at the time of appointment the qualifications required by subsection A of this section,
b.	is not employed in nursing for a period of twelve (12) consecutive months during the term for which the member was appointed,
c.	is absent from more than half of the regularly scheduled Board meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the Board, or
d.	cannot discharge the duties as a Board member for a substantial portion of the term for which the member is appointed because of illness or disability.
2.  The validity of an action of the Board is not affected by the fact that it is taken when a ground for removal of a Board member exists.
3.  If the president of the Board has knowledge that a potential ground for removal exists, the president shall then notify the Governor that a potential ground for removal exists.
E.  A quorum shall be a majority of the Board which must include at least three (3) registered nurses and one (1) licensed practical nurse.
F.  The members of the Board shall annually elect from their number a president, vice-president and a secretary who shall also be the treasurer, and other such officers as necessary to conduct the business of the Board.  It shall hold six (6) regular business meetings during each calendar year.  Special meetings may be called by the president or secretary with five (5) days' notice to each member of the Board.  The Board shall have a seal; it shall make and adopt all necessary rules not inconsistent with the laws of this state, the United States, or with the Oklahoma Nursing Practice Act; and it shall perform the duties and transact the business required under the provisions of the act.  The Board shall cause to be kept a record of all meetings for the Board and give notice of all meetings in accordance with the Administrative Procedures Act and the Open Meetings Act.  A list of all persons duly licensed and qualified under this act shall be maintained by the Board.  Each member of the Board shall receive, in addition to actual and necessary travel expenses as provided in the State Travel Reimbursement Act, compensation of One Hundred Dollars ($100.00) for each regular scheduled monthly meeting attended, not to exceed more than six (6) meetings per year.  All monies received by the Board shall be held by the treasurer of the Board for meeting the expenses of the Board and for the promotion of nursing education, to employ an attorney to assist the Board and other state and county officials in carrying out the provisions of the Oklahoma Nursing Practice Act, and such other purposes which the Board may determine, and shall be disbursed as directed by the Board.  The Board is authorized to adopt and revise rules, not inconsistent with the provisions of the Oklahoma Nursing Practice Act, as may be necessary to enable it to carry into effect the provisions of the act, including rules establishing fees, charges and reimbursement costs.  The Board shall appoint and employ a qualified person, who shall be a registered nurse, to serve as Executive Director, and shall fix the compensation, require a satisfactory bond, and define the duties of the Executive Director.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-815	CD	1/7/2013 12:26:37 PM