Notices of Rulemaking IntentPrior to adoption and gubernatorial/legislative review of a proposed PERMANENT rulemaking action, an agency must publish a Notice of Rulemaking Intent in the Register. In addition, an agency may publish a Notice of Rulemaking Intent in the Register prior to adoption of a proposed EMERGENCY or PREEMPTIVE rulemaking action.
A Notice of Rulemaking Intent announces a comment period, or a comment period and public hearing, and provides other information about the intended rulemaking action as required by law, including where copies of proposed rules may be obtained.
For additional information on Notices of Rulemaking Intent, see 75 O.S., Section 303.
TITLE 25. Oklahoma Aeronautics Commission CHAPTER 15. OAC Airport Construction Program Notice of proposed PERMANENT rulemaking
25:15-1-2. Definitions [AMENDED]
25:15-1-3. Planning [AMENDED]
25:15-1-4. Programming Implementation Airport Grant and Loan Program Requirements and Procedures [AMENDED]
The proposed permanent rules will define an airport sponsor matching share and update information regarding state level and sponsor level participation. The Commission's maximum amount for terminal building projects will be increased. The Commission's cost share level of participation on hangar construction projects will be increased and the not to exceed cap removed. Fuel system construction projects will be eligible for Commission funding and the state level of participation identified. The Commission may provide funds at a 100% level for funding directed to the Commission by the legislature for specifically identified site locations and infrastructure projects. Additional changes include an updated FAA Order number related to the National Priority Rating System and grammatical changes throughout.
These permanent rules are necessary due to increased construction costs and to give the Commission the authority to direct funds specifically identified by the legislature.
3 O.S. Section 85; Oklahoma Aeronautics Commission
Persons wishing to present their views in writing may do so from February 2, 2023, through March 5, 2023, at the following address: Oklahoma Aeronautics Commission, 110 N Robinson Ave, Suite 200, Oklahoma City, OK 73102, or by email to mbouziden@oac.ok.gov.
A public hearing will be held at 9:00 a.m. on Tuesday, March 7, 2023, at the Oklahoma Aeronautics Commission, 110 N. Robinson Ave., Oklahoma City, OK 73102. Anyone who wishes to speak must sign in at the door by 9:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained from the Oklahoma Aeronautics Commission, 110 N Robinson Ave, Suite 200, Oklahoma City, OK 73102. The proposed rules will also be available on the OAC website at oac.ok.gov. Pursuant to 3 O.S. Section 85, a rule impact statement will be prepared and may be obtained from the Oklahoma Aeronautics Commission at the above address beginning Wednesday, February 15, 2023.
Michelle Bouziden, Grants Administrator, Oklahoma Aeronautics Commission, 110 N. Robinson, Suite 200, Oklahoma City, OK 73102, mbouziden@oac.ok.gov (405) 604-6912.
[OAR Docket #23-31; filed 1-6-23]
TITLE 175. State Board of Cosmetology and Barbering CHAPTER 1. Administrative Operations Notice of proposed PERMANENT rulemaking
Subchapter 1. General Provisions
175:1-1-2 [AMENDED]
Subchapter 3. Board Structure and Agency Administration
175:1-3-1 [AMENDED]
175:1-3-2 [AMENDED]
Subchapter 5. Rules of Practice
175:1-5-13 [AMENDED]
The proposed rule changes, if approved, will clarify the total number of appointments to the Board and how the appointments are made. The proposed rule change corrects the location of the Board office and simplifies the process of a request for rulemaking. The proposed rule also fixes several typographical errors. The proposed rule specifies that any request for a rule change will be responded to within thirty days of submission. Finally, the proposed rule adds a definition for "eyelash extensions" and a definition for an "Eyelash Extension Specialist."
Oklahoma State Board of Cosmetology and Barbering; 59 O.S. §§ 199.3 and 199.6
Persons wishing to present their views in writing may do so before 5:00 p.m. on March 5, 2023, at the following address: 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107 or John.Funderburk@cosmo.ok.gov
A public hearing will be held at 10:00 a.m. on March 9, 2023, at the Oklahoma State Board of Cosmetology and Barbering, 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107. Anyone who wishes to speak must sign in at the door by 10:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information by 5:00 p.m. on March 5, 2023, at the Oklahoma State Board of Cosmetology and Barbering, 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107, Attn: John Funderburk, or by email to John.Funderburk@cosmo.ok.gov.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.cosmo.ok.gov and copies may be obtained from the Oklahoma State Board of Cosmetology and Barbering, located at 2401 NW 23rd Street, Suite 84, Oklahoma City, OK 73107. Copies may also be obtained by written request mailed to the attention of John Funderburk, 2401 NW 23rd Street, Suite 84, Oklahoma City, OK 73107 or emailed to John.Funderburk@cosmo.ok.gov. Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Cosmetology and Barbering at the above address beginning February 1, 2023.
John Funderburk, Principal Assistant, Oklahoma State Board of Cosmetology and Barbering, (405) 522-7616, John.Funderburk@cosmo.ok.gov.
[OAR Docket #22-1018; filed 12-30-22]
TITLE 175. State Board of Cosmetology and Barbering CHAPTER 10. Licensure of Cosmetologists, Barbers, Schools and Related Establishments Notice of proposed PERMANENT rulemaking
Subchapter 1. General Provisions
175:10-1-3. Disqualifying criminal history and opportunity for initial determination [AMENDED]
Subchapter 3. Licensure of Schools
Part 3. Student Registration and Entrance Requirements
175:10-3-16. Student entrance requirements [AMENDED]
Part 5. Equipment and Curriculum Requirements
175:10-3-30. Required library copies of cosmetology law/rules [AMENDED]
175:10-3-47. Eyelash Extension Specialist course entrance and curriculum requirements [NEW]
Subchapter 7. Sanitation, Disinfection and Safety Standards for Establishments and Schools
175:10-7-1. Cosmetology and Barber Establishment separate from residence or other business [AMENDED]
175:10-7-29. Facial procedures, devices and equipment Scope of practice for Cosmetologists and Facialists/Estheticians [AMENDED]
175:10-7-33. Make-up/Eyelash Extensions and strip eyelashes [AMENDED]
175:10-7-33.1. Eyelash extension services [NEW]
Subchapter 9. Licensure of Cosmetologists, Barbers and Related Occupations
Part 5. Demonstrators; Cosmetic Studios; Trade Shows; Guest Artists; Wig Dressing; Other Practices of Cosmetology and Barbering
175:10-9-54. Cosmetology and barber related high fashion photography or similar Establishment requirements [REVOKED]
175:10-9-55. Practices of cosmetology and barbering [AMENDED]
Subchapter 11. License Renewal, Fees and Penalties
175:10-11-2. Cosmetology and Barber license and penalty fees [AMENDED]
Subchapter 13. Reciprocal and Crossover Licensing
175:10-13-1. Reciprocal license requirements [AMENDED]
The proposed rule changes, if approved, will transform emergency rules into permanent rules, regarding individuals who have pleaded guilty, nolo contere, or have been convicted of a crime, or who have a criminal charge currently pending that is substantially related to the practice of occupations regulated by the Cosmetology and Barbering Act and poses a reasonable threat to public safety, health or welfare. See OAC 175:10-1-3. The changes are needed to make the rule language consistent with statutory changes to 59 O.S., § 4000.1, that became effective on November 1, 2022. The proposed rule changes do add a $95 fee for applicants to obtain an initial determination; however, the fee is specifically authorized by law (59 O.S., § 4000.1(J)), and the Board will waive the fee once for low-income individuals.
The proposed rule changes also: 1) allow schools to use electronic versions of the rule book (OAC 175:10-3-30); 2) distinguish between services provided in a licensee's residence and those provided in a patron's residence, consistent with newly-enacted 59 O.S., § 199.18 (OAC 175:10-7-1); 3) define with particularity what kinds of services "puncture the skin," and therefore are outside the scope of practice of Cosmetologists and Facialists/Estheticians (OAC 175:10-7-29); and 4) revoke OAC 175:10-9-54, consistent with the newly-enacted exemption from licensing for services that are incidental to theatrical, radio, television or motion picture productions, modeling or photography, in 59 O.S., § 199.6(E)(5).
Finally, several of the amended rules and the new rule establish a new limited specialty license for Eyelash Extension Specialists, consistent with the Board's authority in 59 O.S., § 199.3(B)(5). See OAC 175:10-3-16; 175:10-3-47; 175:10-7-33; 175:10-7-33.1; 175:10-9-55; 175:10-11-2; and 175:10-13-1. Eyelash Extension Specialists will be required to undergo only three hundred and twenty (320) hours of training, as opposed to the one thousand five hundred (1,500) currently required of Cosmetologists or the six hundred (600) currently required of Estheticians/Facialists; currently, per OAC 175:10-9-55, only licensed Cosmetologists or Facialists/Estheticians may perform eyelash extensions. The amended rules and new rule establish curriculum and examination requirements; sanitation, disinfection and safety requirements; set a licensure fee; and allow the Board to grant reciprocity for licensed specialists from other states. This less restrictive licensing program is needed to help settle litigation that was recently instituted against the State of Oklahoma, in Davis v. State Board of Cosmetology and Barbering, CV-2022-1729 (Okla. Cty. Dist. Ct. Sept. 7, 2022).
Oklahoma State Board of Cosmetology and Barbering; 59 O.S. §§ 199.3 and 199.6
Persons wishing to present their views in writing may do so before 5:00 p.m. on March 5, 2023, at the following address: 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107, or John.Funderburk@cosmo.ok.gov
A public hearing will be held at 10:00 a.m. on March 9, 2023, at the Oklahoma State Board of Cosmetology and Barbering, 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107. Anyone who wishes to speak must sign in at the door by 10:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information by 5:00 p.m. on March 5, 2023, at the Oklahoma State Board of Cosmetology and Barbering, 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107, Attn: John Funderburk, or by email to John.Funderburk@cosmo.ok.gov.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.cosmo.ok.gov and copies may be obtained from the Oklahoma State Board of Cosmetology and Barbering, located at 2401 NW 23rd Street, Suite 84, Oklahoma City, OK 73107. Copies may also be obtained by written request mailed to the attention of John Funderburk, 2401 NW 23rd Street, Suite 84, Oklahoma City, OK 73107, or emailed to John.Funderburk@cosmo.ok.gov. Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Cosmetology and Barbering at the above address beginning February 1, 2023.
John Funderburk, Principal Assistant, Oklahoma State Board of Cosmetology and Barbering, (405) 522-7616, John.Funderburk@cosmo.ok.gov.
[OAR Docket #22-1019; filed 12-30-22]
TITLE 175. State Board of Cosmetology and Barbering CHAPTER 20. Massage Therapy Notice of proposed PERMANENT rulemaking
Subchapter 5. Licensure of Massage Therapists
175:20-5-7. Disqualifying criminal history and opportunity for initial determination [AMENDED]
Subchapter 11. Grounds for Discipline
175:20-11-1. Grounds for discipline [AMENDED]
Subchapter 15. Fee Schedule
175:20-15-1. Massage Therapy Practice Act license and penalty fees [AMENDED]
The proposed rule changes, if approved, will transform emergency rules into permanent rules, regarding individuals who have pleaded guilty, nolo contere, or have been convicted of a crime, or who have a criminal charge currently pending that is substantially related to the practice of occupations regulated by the Massage Therapy Practice Act and poses a reasonable threat to public safety, health or welfare. See OAC 175:20-5-7. The changes are needed to make the rule language consistent with statutory changes to 59 O.S., § 4000.1, that became effective on November 1, 2022. The proposed rule changes do add a $95 fee for applicants to obtain an initial determination; however, the fee is specifically authorized by law (59 O.S., § 4000.1(J)), and the Board will waive the fee once for low-income individuals.
The proposed rule changes also: 1) align grounds for taking disciplinary action against a licensee with 59 O.S., § 4000.1 (OAC 175:20-11-1); and 2) make licensure fees consistent with statute and remove outdated information from before 2017 (OAC 175:20-15-1).
Oklahoma State Board of Cosmetology and Barbering; 59 O.S., §§ 4200.4 and 4200.11
Persons wishing to present their views in writing may do so before 5:00 p.m. on March 5, 2023, at the following address: 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107, or John.Funderburk@cosmo.ok.gov
A public hearing will be held at 10:00 a.m. on March 9, 2023, at the Oklahoma State Board of Cosmetology and Barbering, 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107. Anyone who wishes to speak must sign in at the door by 10:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information by 5:00 p.m. on March 5, 2023, at the Oklahoma State Board of Cosmetology and Barbering, 2401 NW 23rd Street Suite 84, Oklahoma City, OK 73107, Attn: John Funderburk, or by email to John.Funderburk@cosmo.ok.gov.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.cosmo.ok.gov and copies may be obtained from the Oklahoma State Board of Cosmetology and Barbering, located at 2401 NW 23rd Street, Suite 84, Oklahoma City, OK 73107. Copies may also be obtained by
written request mailed to the attention of John Funderburk, 2401 NW 23rd Street, Suite 84, Oklahoma City, OK 73107, or emailed to John.Funderburk@cosmo.ok.gov. Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Cosmetology and Barbering at the above address beginning February 1, 2023.
John Funderburk, Principal Assistant, Oklahoma State Board of Cosmetology and Barbering, (405) 522-7616, John.Funderburk@cosmo.ok.gov.
[OAR Docket #22-1020; filed 12-30-22]
TITLE 317. Oklahoma Health Care Authority CHAPTER 25. Soonercare Choice Notice of proposed PERMANENT rulemaking
Subchapter 7. Soonercare
Part 1. General Provisions
317:25-7-5 [AMENDED]
(Reference APA WF # 22-15)
The proposed revisions will remove member caps for Physicians, Advanced Practice Registered Nurses (APRN), and Physician Assistants (PA) participating in SoonerCare Choice Patient Centered Medical Home. Currently, policy only allows 2,500 members for each physician, 1,250 members for each APRN, and 1,250 members for each PA. The proposed revisions will remove the member caps, which will increase members' access to care. The aforementioned changes will align policy with the redesign of the PCMH model.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at wwww.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-1; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 32. Soonerride Non-Emergency Transportation (NEMT)
317:30-5-326 [AMENDED]
(Reference APA WF # 22-01)
The proposed rules will add language to the Agency's non-emergency transportation (NEMT) policy that ensures compliance with federal and state regulations, as well as the Oklahoma Medicaid State Plan. The revisions are needed to comply with recent changes made to federal regulation which requires the State Plan to provide the Agency's assurance that any NEMT provider or individual driver will meet certain minimum requirements.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board; 42 C.F.R. Section 431.53; Section 1902(a)(87) of the Social Security Act
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-2; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 25. Psychologists
317:30-5-275 [AMENDED]
317:30-5-276 [AMENDED]
(Reference APA WF # 22-02)
The proposed revisions update policy to reflect that adults, covered by Medicaid, can access services provided by licensed clinical psychologists who bill independently and are practicing within state scope of practice. Services provided by independently contracted clinical psychologists were previously a State Plan benefit only available to children. Finally, revisions will involve minor cleanup to fix grammatical and formatting errors.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; Oklahoma Medicaid State Plan
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-3; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 3. General Provider Policies
Part 3. General Medical Program Information
317:30-3-57.1 [AMENDED]
Part 6. Out-of-State Services
317:30-3-90 [AMENDED]
(Reference APA WF # 22-03)
The proposed rule revisions will add language to the clinical trials policy in section OAC 317:30-3-57.1 that states that the Oklahoma Health Care Authority will provide a coverage determination within 72 hours on whether the study is appropriate and meets the members' medical necessity needs. Additional revisions to the out-of-state services policy, at OAC 317:30-3-90, will add language to assure that clinical trials will be provided in accordance with all federal regulations and that OHCA's out-of-state policy does not apply to certain cases that involve clinical trials. Furthermore, language will be added to allow for the override of prior authorizations that are related to lodging and meals services when they are provided in accordance with an approved clinical trial. Finally, revisions will add language that allows for a SoonerCare member to travel up to one hundred miles (100) from the Oklahoma border to receive dental services.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board; The Social Security Act § 1905(a)(30) and 1905(gg)(3); 42 C.F.R. § 431.52; The Oklahoma Medicaid State Plan
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-4; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 33. Transportation by Ambulance
317:30-5-345 [NEW]
(Reference APA WF # 22-05)
The proposed policy establishes rules to comply with Oklahoma HB 2950, which mandates that Oklahoma obtain federal and state authority to establish and enforce an Ambulance Service Provider Access Payment Program to assure access to quality emergency and non-emergency transports for state Medicaid members. The program will assess a fee to privately owned ambulance service providers licensed in Oklahoma to be used to supplement appropriations to support ambulance service provider reimbursement. The proposed rules will establish the program's provider fee calculation, provider exemptions, provider notification requirements, payment schedules, penalties, and appeals requirements.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; 42 CFR 433.50, 433.55, 433.56, 433.57, 433.68, 433.72; 63 O.S. 3241.1 - 3242.6; and Oklahoma House Bill (HB) 2950
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-5; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 110. Indian Health Services, Tribal Programs, and Urban Indian Clinics (I/T/Us)
317:30-5-1094 [AMENDED]
(Reference APA WF # 22-07)
The proposed revisions will update policy to reflect that Indian Health Services, Tribal Programs, and Urban Indian Clinics (I/T/U) providers will be reimbursed the outpatient Office of Management and Budget (OMB) rate for rendered residential substance use disorder (SUD) services. This policy change aligns with the authority in the Oklahoma Medicaid State Plan and with current business practices.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board; 42 CFR 440.130(d); Section 1115 of the Social Security Act
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-6; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 58. Non-Hospital Based Hospice
317:30-5-530 [AMENDED]
317:30-5-531 [AMENDED]
Part 110. Indian Health Services, Tribal Programs, and Urban Indian Clinics (I/T/Us)
317:30-5-1096 [AMENDED]
(Reference APA WF # 22-08)
The proposed rule will add hospice services as a covered benefit for the adult expansion population as described per the Code of Federal Regulations (C.F.R.) Title 42 Section 435.119. The proposed rule changes will outline hospice coverage, eligibility criteria, reimbursement, provider qualifications/requirements, and prior authorization requirements.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board; Title 42 of the Code of Federal Regulations Section 435.119
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-7; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 9. Long-Term Care Facilities
317:30-5-136.1 [AMENDED]
(Reference APA WF # 22-10)
The proposed rule revisions will remove outdated language and add new language to the Pay-for-Performance (PFP) Program payment criteria section. These revisions will align policy with the Oklahoma Medicaid State Plan and the most recent quality metrics modified by the Centers for Medicare and Medicaid. The overall purpose of the proposed rule revisions will be to maintain compliance with federal requirements and continuity of processes by ensuring that when a facility receives a scope and severity tag deficiency of "I" or greater from the Oklahoma State Department of Health, that facility will forfeit the PFP incentive for the quarter.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board; The Oklahoma Medicaid State Plan
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-8; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 3. General Provider Policies
Part 4. Early and Periodic Screening, Diagnostic and Treatment (EPSDT) Program/Child-Health Services
317:30-3-65 [AMENDED]
(Reference APA WF # 22-11)
The proposed rule changes will update policy to allow payment for both an Early and Periodic Screening, Diagnostic and Treatment (EPSDT) visit and a sick visit on the same date of service when it is deemed medically appropriate. The revisions will outline the requirements that must be met including, but not limited to, if the issue is significant enough to require additional work, the visit has appropriate documentation to justify the additional condition and is documented on a separate note, and that Modifier 25 is added to the appropriate code and is properly utilized. Further revisions will state that the provider may only claim the additional time that is required above and beyond the completion of the EPSDT screening. Finally, revisions will clarify that any problem that is encountered in the EPSDT screening and does not require significant additional work will be included in the EPSDT visit and should not be billed separately.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS
FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-9; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 6. Inpatient Psychiatric and Substance Use Disorder Services
317:30-5-95 [AMENDED]
317:30-5-95.24 [AMENDED]
317:30-5-95.40 [AMENDED]
(Reference APA WF # 22-12)
The proposed rule changes will allow out-of-state inpatient psychiatric providers to utilize the staffing ratios and staff licensing requirements of the state in which the facility/provider is located.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-10; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 6. Inpatient Psychiatric and Substance Use Disorder Services
317:30-5-95.6 [AMENDED]
317:30-5-95.16 [AMENDED]
317:30-5-95.34 [AMENDED]
317:30-5-95.37 [AMENDED]
(Reference APA WF # 22-13)
The proposed rule changes will allow Advanced Practice Registered Nurses (APRN) with psychiatric certifications and Physician Assistants (PA) to provide psychiatric services. Presently, psychiatric service provision is only allowed by psychiatrists to members in inpatient settings. The psychiatric services provided by APRNs and PAs will now also include psychiatric evaluations and weekly individual treatment hours.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-11; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part
17. Medical Suppliers
317:30-5-210 [AMENDED]
317:30-5-211.20 [AMENDED]
317:30-5-211.29 [NEW]
(Reference APA WF # 22-14)
The purpose of this rule will be to add the benefit of Coverage for Donor Human Breastmilk as a new service. The Oklahoma Health Care Authority (OHCA) will provide Medicaid coverage for pasteurize donor human milk and donor human milk-derived products in an inpatient or home setting for infants, when deemed medically necessary by a qualified provider. The policy additions will outline criteria for this new service under the Medical Suppliers section of policy. Further policy will outline medical necessity, provider qualifications, coverage, and reimbursement for donor human breast milk. Finally proposed revisions to the Enteral Nutrition section of policy will remove human breast milk as a non-covered item.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-12; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 3. General Provider Policies
Part 1. General Scope and Administration
317:30-3-35 [AMENDED]
(Reference APA WF # 22-16)
The proposed revisions will update policy to comply with OK Senate Bill 1369 which made changes to the statewide Health Information Exchange (HIE). The proposed revisions include repealing all previously approved language; adding the Office of the State Coordinator for HIE; designating that the Office of the State Coordinator for HIE will oversee the state-designated entity for HIE; and revising the definition of "health information exchange organization" to indicate that it is an organization governed by its stakeholders. Additional revisions will state that beginning July 1, 2023, all qualified health care providers, as defined by OHCA rules and who are licensed by and located in Oklahoma, shall be actively engaged with the HIE in the onboarding process of connecting to the HIE in order to meet the legislative requirement to report data to and utilize the state-designated entity for HIE.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; and Senate Bill 1369
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-13; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 80. Mobile and/or Portal Dental Treatment Facilities Mobile and Portable Dental Services
317:30-5-706 [AMENDED]
317:30-5-707 [AMENDED]
317:30-5-708 [AMENDED]
317:30-5-709 [REVOKED]
317:30-5-710 [REVOKED]
317:30-5-711 [REVOKED]
(Reference APA WF # 22-18)
The proposed revisions will expand the services that mobile dental providers render; and allow the mobile dental services to be authorized for both children and adults. Due to a dental provider shortage in numerous areas of Oklahoma, many SoonerCare members are unable to access dental care so these changes will help with that barrier.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; The Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00
p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-14; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 3. General Provider Policies
Part 3. General Medical Program Information
317:30-3-57 [AMENDED]
Subchapter 5. Individual Providers and Specialties
Part 16. Maternal and Infant Health Licensed Clinical Social Workers
317:30-5-208 [AMENDED]
Part 18. Genetic Counselors
317:30-5-221 [AMENDED]
317:30-5-222 [AMENDED]
Part 20. Lactation Consultants
317:30-5-232 [AMENDED]
(Reference APA WF # 22-21A)
The proposed policy revisions will expand Medicaid eligibility for pregnant women by increasing the federal poverty level (FPL) percentage income standard from 133% to 185%, or 210% FPL once converted to MAGI and applying the applicable MAGI disregards. Additionally, the proposed revisions will extend Medicaid postpartum coverage from sixty (60) days to twelve (12) months. This new coverage option afforded through the American Rescue Plan Act was made permanent with the passing of the 2023 Consolidated Appropriations Act.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; 42 CFR § 435.116; and Public Law 117-2 (the American Rescue Plan Act of 2021)
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect
costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-15; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 85. ADvantage Program Waiver Services
317:30-5-763 [AMENDED]
(Reference APA WF # 22-23A)
The proposed revisions will align policy with the recently approved 1915(c) ADvantage waiver amendment, which added Assistive Technology and Remote Support services. Assistive Technology services include devices, controls and appliances specified in the member's person-centered service plan which enables them to increase their abilities to perform activities of daily living or to perceive, control or communicate with the environment in which they live. Remote Supports services involves monitoring of a waiver member by remote staff using audio or video equipment, allowing for live, two-way communication with them in their residence. Remote Supports allow for a member to choose the method of service delivery which best suits their needs.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-16; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 41. Family Support Services
317:30-5-412 [AMENDED]
Part 43. Agency Companion, Specialized Foster Care, Daily Living Supports, Group Homes, and Community Transition Services
317:30-5-422 [AMENDED]
Part 55. Respite Care
317:30-5-515 [AMENDED]
317:30-5-516 [REVOKED]
317:30-5-517 [REVOKED]
317:30-5-518 [REVOKED]
Part 59. Homemaker Services
317:30-5-535 [AMENDED]
317:30-5-536 [REVOKED]
317:30-5-537 [REVOKED]
(Reference APA WF # 22-24A)
The proposed revisions to the DDS policy will reflect amendments made to the Community Waiver, Homeward Bound Waiver, In-Home Supports for Children and Adults Waivers. These amendments were recently approved by CMS and made effective October 1, 2022. The proposed revisions to the Family Support services policy will update coverage limitations for individual family training from $5,500 to $6,500 and group family training from $5,500 to $6,500 and revoke outdated documentation requirements language. Other revisions will add new language to outline criteria for respite care providers and homemaker services providers. Additional revisions will also add new language to clarify the termination process of remote supports services as well as provide new criteria and explain the exceptions allowed when agency companion services are provided. Further revisions to the specialized foster care (SFC) section will add new language to outline new SFC standards and criteria. Other revisions will add optometry benefits, which will allow routine eye examination and purchase of corrective lenses. Additional revisions add language to support the increase of the public transportation limit from $5,000 to $25,000. Further revisions provide a new residential service option, Extensive Residential Supports (ERS) for members with the most extensive behavioral support needs. Finally, revisions will update and remove outdated language and definitions, remove obsolete references, revoke/combine sections to comply with Executive Order 2020-03, which requires state agencies to reduce unnecessary and outdated rules. Revisions will also correct formatting and grammatical errors, as well as align policy with current business practices.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained
from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-17; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 6. Inpatient Psychiatric and Substance Use Disorder Services
317:30-5-95.4 [AMENDED]
317:30-5-95.41.1 [NEW]
317:30-5-95.42 [AMENDED]
317:30-5-95.45 [AMENDED]
317:30-5-95.46 [AMENDED]
317:30-5-95.47 [AMENDED]
317:30-5-95.51 [NEW]
(Reference APA WF # 22-25)
The proposed revisions seek to revise inpatient behavioral health and residential substance use rules to clarify timely completion of the placement tool for SUD admission or extension request. The proposed revisions will also update service plan, documentation, and signature requirements. Furthermore, the proposed revisions will require providers to report to DHS instances of child abuse/neglect in residential settings in accordance with state law. Other revisions will make grammatical and formatting changes as needed.
The Oklahoma Health Care Authority Act, Section 5007 of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; 42 C.F.R 440.130(d)
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-18; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 21. Outpatient Behavioral Health Agency Services
317:30-5-241.4 [AMENDED]
(Reference APA WF # 22-26)
The proposed revisions seek to clarify crisis intervention services (CIS) as the provision of these services is expanding in the State. The proposed rule changes will clearly define mobile versus on-site CIS and make other grammatical and formatting changes as needed.
The Oklahoma Health Care Authority Act, Section 5007 of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; 42 C.F.R 440.130(d)
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-19; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 2. Physician Assistant
317:30-5-30 [AMENDED]
317:30-5-31 [AMENDED]
317:30-5-32 [AMENDED]
317:30-5-33 [REVOKED]
(Reference APA WF # 22-27)
The proposed revisions seek to review Physician Assistant rule sections to ensure previous amendments to the Physician Assistant
Practice Act made by the Legislature in 2020 are reflected in the rules. The proposed revisions will update the term "supervising" physician to "delegating" physician; remove the application to practice requirements and replace it with the practice agreement requirement; and provide a timeframe of ten (10) business days for providers to submit any updated copy of the practice agreement due to changes. Other revisions will involve limited rewriting aimed at improving readability and overall flow of policy language.
The Oklahoma Health Care Authority Act, Section 5007 of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; State of Oklahoma Physician Assistant Act, 59 O.S. 519-524
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-20; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 21. Outpatient Behavioral Health Agency Services
317:30-5-241.7 [AMENDED]
(Reference APA WF # 22-28)
The proposed revisions seek to revise opioid treatment program (OTP) rules to update the phase requirements to align with federal regulations. Revisions will also update service plan signature requirements according to the member's age.
The Oklahoma Health Care Authority Act, Section 5007 of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; Section 1006(b) of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act, HR 6, and Section 1905(a) (29) of the Social Security Act
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority,
4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-21; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-20 [AMENDED]
317:30-5-20.1 [AMENDED]
317:30-5-20.2 [AMENDED]
Part 3. Hospitals
317:30-5-42.10 [AMENDED]
Part 7. Certified Laboratories Laboratories (Independent, Physician, and Hospital)
317:30-5-100 [AMENDED]
317:30-5-101 [AMENDED]
317:30-5-102 [AMENDED]
317:30-5-103 [AMENDED]
317:30-5-104 [AMENDED]
317:30-5-105 [REVOKED]
317:30-5-106 [REVOKED]
(Reference APA WF # 22-29)
The proposed rule changes will reorganize the existing laboratory policies and combine them into one centralized location. This will allow for better access to the policies and an easier understanding of services covered under the laboratory benefit. Furthermore, language will be put into policy that will clarify coverage of reference (outside) laboratories when an independent or hospital laboratory refers a service to another laboratory.
The Oklahoma Health Care Authority Act, Section 5007 of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; Oklahoma Executive Order 2020-03
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-22; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 3. General Provider Policies
Part 1. General Scope and Administration
317:30-3-3.1 [REVOKED]
Subchapter 5. Individual Providers and Specialties
Part 5. Pharmacies
317:30-5-70.4 [REVOKED]
317:30-5-80 [REVOKED]
317:30-5-86.2 [REVOKED]
Part 6. Inpatient Psychiatric and Substance Use Disorder Services
317:30-5-95.43 [AMENDED]
317:30-5-95.50 [AMENDED]
Part 33. Transportation by Ambulance
317:30-5-336.3 [AMENDED]
317:30-5-336.4 [REVOKED]
Part 61. Home Health Agencies
317:30-5-547 [AMENDED]
317:30-5-548 [REVOKED]
(Reference APA WF # 22-30)
The proposed rule changes will amend language to remove or update obsolete references. Additional revisions will combine sections of policy to remove the overabundant number of sections that are currently in Title 317. These changes are necessary to comply with Oklahoma Executive Order 2020-03.
The Oklahoma Health Care Authority Act, Section 5007 of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; Oklahoma Executive Order 2020-03
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS
FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-23; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 30. Medical Providers-Fee for Service Notice of proposed PERMANENT rulemaking
Subchapter 5. Individual Providers and Specialties
Part 17. Medical Suppliers
317:30-5-211.10 [AMENDED]
317:30-5-211.11 [AMENDED]
317:30-5-211.22 [AMENDED]
(Reference APA WF # 22-31)
The proposed revisions update rules regarding the prior authorization (PA) of most medical supplies, equipment, and appliances, by eliminating the requirement to include a Certificate of Medical Necessity (CMN) form when requesting the PA. The exception will be enteral and parenteral nutrition which will still require a CMN. All the other required documentation which is listed in the PA guidelines for that item will still be required to be submitted by the provider.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; and the Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-24; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 35. Medical Assistance for Adults and Children-Eligibility Notice of proposed PERMANENT rulemaking
Subchapter 5. Eligibility and Countable Income
Part 1. Determination of Qualifying Categorical Relationships
317:35-5-2 [AMENDED]
(Reference APA WF # 22-17)
The proposed revisions will implement changes to comply with federal law by requiring SoonerCare to grant eligibility in the former foster care youth category to individuals who were enrolled in Medicaid when they aged out of foster care in another state on January 1, 2023, or later, and who now reside in Oklahoma. Prior to the federal law changes, SoonerCare was only required to grant eligibility in the former foster care youth category to individuals who were enrolled in Medicaid when they aged out of foster care in Oklahoma.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; and P.L. 115-271 § 1002 (the SUPPORT Act)
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-25; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 35. Medical Assistance for Adults and Children-Eligibility Notice of proposed PERMANENT rulemaking
Subchapter 5. Eligibility and Countable Income
Part 1. Determination of Qualifying Categorical
Relationships
317:35-5-6 [AMENDED]
Subchapter 6. Soonercare for Pregnant Women and Families with Children
Part 7. Certification, Redetermination and Notification
317:35-6-60 [AMENDED]
(Reference APA WF # 22-21B)
The proposed policy revisions will expand Medicaid eligibility for pregnant women by increasing the federal poverty level (FPL) percentage income standard from 133% to 185%, or 210% FPL once converted to MAGI and applying the applicable MAGI disregards. Additionally, the proposed revisions will extend Medicaid postpartum coverage from sixty (60) days to twelve (12) months. This new coverage option afforded through the American Rescue Plan Act was made permanent with the passing of the 2023 Consolidated Appropriations Act.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board; 42 CFR § 435.116; and Public Law 117-2 (the American Rescue Plan Act of 2021)
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-26; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 35. Medical Assistance for Adults and Children-Eligibility Notice of proposed PERMANENT rulemaking
Subchapter 5. Eligibility and Countable Income
Part 3. Non-Medical Eligibility Requirements
317:35-5-25 [AMENDED]
(Reference APA WF # 22-22)
The proposed revisions establish rules to update the citizenship/alien status policy to comply with Public Law 117-128, which entitles certain Ukrainian nationals entering the United States during a designated period of time, to receive SoonerCare services, provided all other eligibility factors are met. Ukrainian humanitarian parolees are eligible for the same benefits available to refugees admitted under Section 207 of the Immigration and Nationality Act, except for the program of initial resettlement.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma
Health Care Authority Board; and Public Law 117-128 (Additional Ukraine Supplemental Appropriations Act - H.R. 7691)
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-27; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 35. Medical Assistance for Adults and Children-Eligibility Notice of proposed PERMANENT rulemaking
Subchapter 17. ADvantage Waiver Services
317:35-17-3 [AMENDED]
(Reference APA WF # 22-23B)
The proposed revisions will align policy with the recently approved 1915(c) ADvantage waiver amendment, which added Assistive Technology and Remote Support services. Assistive Technology services include devices, controls and appliances specified in the member's person-centered service plan which enables them to increase their abilities to perform activities of daily living or to perceive, control or communicate with the environment in which they live. Remote Supports services involves monitoring of a waiver member by remote staff using audio or video equipment, allowing for live, two-way communication with them in their residence. Remote Supports allow for a member to choose the method of service delivery which best suits their needs.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss,
or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-28; filed 1-4-23]
TITLE 317. Oklahoma Health Care Authority CHAPTER 40. Developmental Disabilities Services Notice of proposed PERMANENT rulemaking
Subchapter 1. General Provisions
317:40-1-4 [AMENDED]
Subchapter 5. Member Services
Part 1. Agency Companion Services
317:40-5-3 [AMENDED]
Part 5. Specialized Foster Care Standards
317:40-5-50 [AMENDED]
317:40-5-60 [REVOKED]
Part 9. Service Provisions
317:40-5-100 [AMENDED]
317:40-5-102 [AMENDED]
317:40-5-103 [AMENDED]
Part 11. Other Community Residential Supports
317:40-5-155 [NEW]
(Reference APA WF # 22-24B)
The proposed revisions to the DDS policy will reflect amendments made to the Community Waiver, Homeward Bound Waiver, In-Home Supports for Children and Adults Waivers. These amendments were recently approved by CMS and made effective October 1, 2022. The proposed revisions to the Family Support services policy will update coverage limitations for individual family training from $5,500 to $6,500 and group family training from $5,500 to $6,500 and revoke outdated documentation requirements language. Other revisions will add new language to outline criteria for respite care providers and homemaker services providers. Additional revisions will also add new language to clarify the termination process of remote supports services as well as provide new criteria and explain the exceptions allowed when agency companion services are provided. Further revisions to the specialized foster care (SFC) section will add new language to outline new SFC standards and criteria. Other revisions will add optometry benefits, which will allow routine eye examination and purchase of corrective lenses. Additional revisions add language to support the increase of the public transportation limit from $5,000 to $25,000. Further revisions provide a new residential service option, Extensive Residential Supports (ERS) for members with the most extensive behavioral support needs. Finally, revisions will update and remove outdated language and definitions, remove obsolete references, revoke/combine sections to comply with Executive Order 2020-03, which requires state agencies to reduce unnecessary and outdated rules. Revisions will also correct formatting and grammatical errors, as well as align policy with current business practices.
The Oklahoma Health Care Authority Act, Section 5007 (C)(2) of Title 63 of Oklahoma Statutes; the Oklahoma Health Care Authority Board
Persons may submit written comments through March 3, 2023 to Josh Bouye, Oklahoma Health Care Authority, 4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105, or by email to Josh.Bouye@okhca.org.
A public hearing will be held to provide an opportunity for persons to orally present their views. Each person will be allowed a maximum of two minutes to speak and must sign in at the door. The public hearing will be held as follows:
Tuesday, March 7, 2023 at 1:00 p.m., the hearing will be held in the Charles Ed McFall Board Room at the Oklahoma Health Care Authority,
4345 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The OHCA requests that business entities affected by these proposed rules provide the OHCA, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs that the particular business entity expects to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Josh Bouye, at the above addresses, before the close of the comment period on March 3, 2023.
COPIES OF PROPOSED RULES: The proposed rules may be viewed on the agency's website at www.oklahoma.gov/ohca and copies may be obtained by written request emailed to Josh.Bouye@okhca.org. Pursuant to 75 O.S., Section 303(D), a rule impact statement will be prepared and may be obtained from the agency's website at the above address beginning February 1, 2023.
Josh Bouye, State Authorities Manager, 405-522-7210 or Josh.Bouye@okhca.org.
[OAR Docket #23-29; filed 1-4-23]
TITLE 375. Oklahoma State Bureau of Investigation CHAPTER 9. Oklahoma Open Records Notice of proposed PERMANENT rulemaking
Chapter 9. Oklahoma Open Records [AMENDED]
Amendments and additions to Chapter 9 of the Oklahoma State Bureau of Investigation Administrative Rules [OAC 375:9] are proposed to implement changes made to the rules to reflect actual practices and changes in both federal and state laws which impact the rules.
These include the following:
Subchapter 1 Criminal History Information:
Changes to wording to reflect terms now used in federal and state law
Changes to reflect criminal offenses in records
Removal of fax as method for requesting records
Reduction in fee for fingerprint search from $35.00 to $29.50
Update to procedures for challenging correctness/completeness of records
Subchapter 7 Uniform Crime Report
Changes report name to "Crime in Oklahoma"
Changes method for requesting copies of report and includes web address
Removes section detailing "required information" to request copy of report and fees associated with providing copies
Oklahoma State Bureau of Investigation; 74 O.S., Sections 150 et seq, specifically 150.2, 150.9 and 150.12
Persons wishing to submit written comments must do so by March 3, 2023. Written comments should be submitted to Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email).
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email) no later than 5:00 p.m. on March 3, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules may provide the Oklahoma State Bureau of Investigation with information, in dollar amounts, if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kim Conyers at the above address during the comment period.
COPIES OF PROPOSED RULES: The proposed rules are available on the Oklahoma State Bureau of Investigation's
website at osbi.ok.gov/publications/rules-and-regulations. Copies of the proposed rules may also be obtained by contacting Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email). As required by 75 O.S., Section 303(D), a rule impact statement has been prepared. The rule impact statement is available on the Oklahoma State Bureau of Investigation's website at osbi.ok.gov/publications/rules-and-regulations, or from Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email). Kim Conyers, General Counsel Oklahoma State Bureau of Investigation, (405) 848-6724 or kim.conyers@osbi.ok.gov.
[OAR Docket #23-41; filed 1-6-23]
TITLE 375. Oklahoma State Bureau of Investigation CHAPTER 35. Investigative Services Notice of proposed PERMANENT rulemaking
Chapter 35. Investigative Services [REVOKED]
Revocation of Chapter 35, subsections 1 and 3 as being duplicative of agency policy and outdated.
Oklahoma State Bureau of Investigation; 74 O.S., Sections 150 et seq
Persons wishing to submit written comments must do so by March 3, 2023. Written comments should be submitted to Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email).
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email) no later than 5:00 p.m. on March 3, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules may provide the Oklahoma State Bureau of Investigation with information, in dollar amounts, if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kim Conyers at the above address during the comment period.
COPIES OF PROPOSED RULES: The proposed rules are available on the Oklahoma State Bureau of Investigation's website at osbi.ok.gov/publications/rules-and-regulations. Copies of the proposed rules may also be obtained by contacting Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email). As required by 75 O.S., Section 303(D), a rule impact statement has been prepared. The rule impact statement is available on the Oklahoma State Bureau of Investigation's website at osbi.ok.gov/publications/rules-and-regulations, or from Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email). Kim Conyers, General Counsel Oklahoma State Bureau of Investigation, (405) 848-6724 or kim.conyers@osbi.ok.gov.
[OAR Docket #23-42; filed 1-6-23]
TITLE 375. Oklahoma State Bureau of Investigation CHAPTER 40. Oklahoma Identity Theft Passport Program Notice of proposed PERMANENT rulemaking
Chapter 40. Oklahoma Identity Theft Passport Program [AMENDED]
Amendments and additions to Chapter 40 of the Oklahoma State Bureau of Investigation administrative rules are proposed to reflect necessary changes to actual practices and revoke sections which are duplicative of statute. These include the following:
Removal of all references to "certificate"
Correction of address of the Oklahoma State Bureau of Investigation
Removal of references to Identity theft database
Oklahoma State Bureau of Investigation; 74 O.S., Sections 150 et seq
Persons wishing to submit written comments must do so by March 3, 2023. Written comments should be submitted to Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email).
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email) no later than 5:00 p.m. on March 3, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules may provide the Oklahoma State Bureau of Investigation with information, in dollar amounts, if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kim Conyers at the above address during the comment period.
COPIES OF PROPOSED RULES: The proposed rules are available on the Oklahoma State Bureau of Investigation's website at osbi.ok.gov/publications/rules-and-regulations. Copies of the proposed rules may also be obtained by contacting Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email). As required by 75 O.S., Section 303(D), a rule impact statement has been prepared. The rule impact statement is available on the Oklahoma State Bureau of Investigation's website at osbi.ok.gov/publications/rules-and-regulations, or from Kim Conyers, General Counsel, OSBI 6600 N. Harvey Place, Oklahoma City, OK 73116 (postal) or kim.conyers@osbi.ok.gov (email). Kim Conyers, General Counsel Oklahoma State Bureau of Investigation, (405) 848-6724 or kim.conyers@osbi.ok.gov.
[OAR Docket #23-43; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 1. Administrative Operations Notice of proposed PERMANENT rulemaking
Subchapter 3. Open Records Act
475:1-3-1. Open Records Act [AMENDED]
Subchapter 5. Administrative Actions
475:1-5-10. Final Order [AMENDED]
475:1-5-11. Surrender of Registration in Lieu of Administrative Action [AMENDED]
The revision in subchapter 3 eliminates the ability to pay via cash. The agency no longer accepts cash payment for any transaction, and this is a change to have rules reflect practice. The changes in subchapter 5 detail what happens when a registrant does not make an appearance for a show cause. The agency will consider the failure to appear as a default. The additional change allows the Director to offer a registrant the option to surrender in lieu or in addition to administrative action
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-32; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 10. Requirements for Registration Notice of proposed PERMANENT rulemaking
475:10-1-4. Separate registration [AMENDED]
475:10-1-5. Exemptions of agents and employees [AMENDED]
475:10-1-10. Application notices for registration and re-registration [AMENDED
475:10-1-12. Filing of application [AMENDED]
475:10-1-13. Acceptance for filing [AMENDED]
475:10-1-15. Amendments to and withdrawal of applications [AMENDED]
475:10-1-17. Applications for scientific research in Schedule I substances [AMENDED]
475:10-1-19. Surrender of certificate of registration [REVOKED]
475:10-1-20. Modification of registration [AMENDED]
475:10-1-21. Change to registrant details [AMENDED]
475:10-1-22. Termination of registration [AMENDED]
The proposed rules make changes to the registration requirements including removing staff physicians from the list of exempted agents and employees; updating how registrations can be applied for; and clarifying when and how to update a registration. The changes also remove the requirement to surrender the certificate. Finally, there are changes to remove references to medical marijuana as those are being moved to their own chapter to help eliminate confusion.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-33; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 15. Imminent Danger Suspension Notice of proposed PERMANENT rulemaking
475:15-1-2. Immediate suspension of registration [AMENDED]
475:15-1-3. Hearing following immediate suspension [AMENDED]
The proposed rule changes modify when the hearing must be held after an immediate suspension of a registration. The change now allows for the hearing to be held within 30 days to allow both parties enough time to prepare.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-34; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 20. Security Requirements for Pharmaceutical Registrants Notice of proposed PERMANENT rulemaking
475:20-1-1. Purpose [AMENDED]
475:20-1-3. Physical security controls for nonpractitioners; storage areas [AMENDED]
475:20-1-4. Physical security controls for nonpractitioners; manufacturing areas [AMENDED]
475:20-1-5. Other security controls for nonpractitioner registrants [AMENDED]
475:20-1-8. Other security controls for registrants [AMENDED]
The proposed rule amendments remove references to medical marijuana as those are being moved to their own chapter to help eliminate confusion.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-35; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 25. Records and Reports of Pharmaceutical registrants Notice of proposed PERMANENT rulemaking
475:25-1-1. Purpose [AMENDED]
475:25-1-2. General Information [AMENDED]
475:25-1-4. Maintenance of records and inventories [AMENDED]
475:25-1-9. Inventories of pharmaceutical manufacturers [AMENDED]
475:25-1-10. Inventories of pharmaceutical distributors [AMENDED]
475:25-1-14. Records for pharmaceutical manufacturers [AMENDED]
475:25-1-15. Records for pharmaceutical distributors [AMENDED]
475:25-1-17. Records of analytical laboratory activities [AMENDED]
475:25-1-20. Reports for pharmaceutical manufacturers and distributors [AMENDED]
The proposed rule amendments remove references to medical marijuana as those are being moved to their own chapter to help eliminate confusion.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-36; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 30. Labeling Requirements Notice of proposed PERMANENT rulemaking
475:30-1-1. Purpose [AMENDED]
475:30-1-4. Manner of issuance of prescriptions [AMENDED]
The proposed rule amendments remove references to medical marijuana as those are being moved to their own chapter to help eliminate confusion. The amendments also clarify how practitioners exempted from registration are required to issue prescriptions.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-37; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 35. Transfer and Disposal of Controlled Dangerous Drugs for Pharmaceutical Registrants Notice of proposed PERMANENT rulemaking
475:35-1-1. Purpose [AMENDED]
475:35-1-3. Distribution upon discontinuance or transfer of business [AMENDED]
475:35-1-4. Procedure for disposing of controlled dangerous substances [AMENDED]
The proposed rule amendments remove references to medical marijuana as those are being moved to their own chapter to help eliminate confusion.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous
Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-38; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 40. Enforcement and Administrative Inspections Notice of proposed PERMANENT rulemaking
475:40-1-2. Authority to make inspections [AMENDED]
The proposed rule amendment updates the administrative reference for medical marijuana registrants due to the Oklahoma Medical Marijuana Authority changing its administrative code title.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-39; filed 1-6-23]
TITLE 475. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control CHAPTER 60. Medical Marijuana Registrant Requirements Notice of proposed PERMANENT rulemaking
475:60-1-1. Purpose [NEW]
475:60-1-2. Medical marijuana registered locations [NEW]
475:60-1-3. Operational protocols for medical marijuana researchers and laboratories [NEW]
475:60-1-4. Certificate of registration form [NEW]
475:60-1-5. Modification of registration [NEW]
475:60-1-6. Termination of registration [NEW]
475:60-1-7. Employee Backgrounds [NEW]
475:60-1-8. Physical security controls for medical marijuana; storage areas [NEW]
475:60-1-9. Physical security controls for medical marijuana; manufacturing areas [NEW]
475:60-1-10. Other security controls for medical marijuana registrants [NEW]
475:60-1-11. Persons required to keep records and file reports [NEW]
475:60-1-12. Maintenance of records and inventories [NEW]
475:60-1-13. General requirements for inventories [NEW]
475:60-1-14. Inventories of medical marijuana manufacturers and distributors [NEW]
475:60-1-15. General requirements for continuing records [NEW]
475:60-1-16. Records for medical marijuana registrants [NEW]
475:60-1-17. Reports for manufacturers and distributors [NEW]
475:60-1-18. Distribution upon discontinuance or transfer of business [NEW]
475:60-1-19. Procedure for disposing of controlled dangerous substances [NEW]
The new proposed rules move existing rules from the other chapters and put them in one chapter to help reduce confusion and provide clear guidelines to our medical marijuana registrants. There are also modifications to those rules that specify how many registrants can exist at one specific location; how and when to make changes to the information on a registration; require registrants to maintain employee records and ensure employees maintain proper identification while onsite; and update the statutory citation for the Oklahoma Medical Marijuana Authority administrative code.
The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. §§ 2-301, 2-309H.
Persons wishing to present their views in writing may do so before 5 pm on March 4, 2023, at the following address: Office of the General Counsel, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
A public hearing has not been scheduled; however, pursuant to 75 O.S., Section 303(B)(9), "persons may demand a hearing" by contacting Jessica McGuire at (405) 521-2885 or public.comment@obn.ok.gov no later than 5:00 p.m. on March 6, 2023.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing before 5 pm on March 6, 2023, at the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or by email to public.comment@obn.ok.gov.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, 419 NE 38th Terrace, Oklahoma City, OK 73105, or on the OBNDD website www.obndd.ok.gov/news-and-publications/public-notices beginning February 1, 2023. Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control at the above address and email address beginning on February 17, 2023.
Jessica McGuire, Manager, (405) 521-2885, or jmcguire@obn.ok.gov.
[OAR Docket #23-40; filed 1-6-23]
