Notice of proposed PERMANENT rulemaking

Subchapter 1. General Provisions

93:1-1-4. Availability of records [AMENDED]

93:1-1-5. Petitions for adoption, amendment, or repeal of a rule [AMENDED]

This rule requires all agency policies to be made available online and clarifies how the public can file a formal petition for the adoption, amendment, or repeal of an agency rule. This will promote public access and transparency.

Oklahoma Broadband Governing Board; 74 O.S. § 9202

Written comments on the proposed rule(s) will be accepted from October 1, 2024, until 5 p.m. on Friday, November 1, 2024. Written comments in electronic form will be accepted during the open public comment period via email at broadband@broadband.ok.gov. During the open public comment period, written comments may also be hand delivered to the agency during regular business hours or via regular mail at the address shown below under "Contact Person." Oral comments may be submitted for the record at the public hearing at the time, date, and place shown below.

A public hearing is scheduled for 2:00 p.m. on Monday, November 4, 2024, at the Harvey Parkway Building, Room 105, 301 Northwest 63rd Street, Oklahoma City, Oklahoma 73116. Persons wishing to speak must sign in at the door of Room 105 prior to the start of the hearing. Time limitations may be imposed on oral presentations to ensure that all persons who desire to make oral comments will have an opportunity to do so.

N/A

Copies of the proposed rule(s) may be obtained for review by the public from the Oklahoma Broadband Office 301 NW 63rd Street., Suite 200, Oklahoma City, Oklahoma. Electronic copies of proposed rules are also available for review thirty (30) days prior to the hearing on the Oklahoma Broadband Office website at: https://oklahoma.gov/broadband.html

Pursuant to 75 O.S. § 303(D), a Rule Impact Statement will be prepared and available for review at the Oklahoma Broadband Office 301 NW 63rd Street., Suite 200, Oklahoma City, OK 73116 on and after the date of publication of this Notice of Rulemaking Intent. A copy of the RIS will also be available on the Oklahoma Broadband Office website at: https://oklahoma.gov/broadband.html

Jennifer Fischer Walford, General Counsel, Oklahoma Broadband Office, 301 NW 63rd Street, Suite 200, Oklahoma City, Oklahoma 73116. Telephone number: (405) 255-5348.

Notice of proposed PERMANENT rulemaking

435:1-1-2. Description of organization [AMENDED]

435:1-1-3. Method of operations [AMENDED]

435:1-1-6. Rulemaking procedures [AMENDED]

435:1-1-7. Fees [AMENDED]

435:1-1-8. Reporting information to Board [AMENDED]

435:1-1-9. Declaratory rulings [AMENDED]

435:1-1-10. Duties of the Secretary/Medical Advisor [AMENDED]

The proposed rule amendments conform the rules to existing law by adding two board members to the total board membership and clarifying four members are lay members. The rule amendment also adds the additional laws which have been passed since 2004 for the Board to administer. The rules remove an obsolete reference to copy fees and add language about records being privileged in addition to confidential as passed in SB 597 and signed April 30, 2024. Rulemaking procedures are clarified to conform with existing law. The fees for licensure have been updated to reflect current practice, remove fees that are obsolete and add one new fee for licensed music therapists as dictated by statute. The duties of the Secretary of the Board have been clarified to comport with statutes by deleting the term “Medical Advisor.”

Title 59 O.S. § 519, et. seq.; Title 59 O.S. § 889.12; Oklahoma State Board of Medical Licensure and Supervision

Persons wishing to present their views in writing may do so on or before 5:00 p.m. on November 1, 2024, via email at bsmith@okmedicalboard.org or at the following address on or before 4:30 p.m. on November 1, 2024: Oklahoma State Board of Medical Licensure and Supervision, Attn: Barbara Smith, 101 NE 51st Street, Oklahoma City, Oklahoma, 73105. No written comments will be accepted after the conclusion of the written comment period.

A public hearing will be held at 2:00 p.m. on November 5, 2024, at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. Anyone who wishes to speak must sign in by 2:10 p.m.

N/A

Copies of the proposed rules may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. The proposed rules are also available on the Medical Board website at https://www.okmedicalboard.org.

Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma no later than October 15, 2024. The Rule Impact Statement will also be available on the Oklahoma Medical Board’s website at https://www.okmedicalboard.org.

Barbara Smith, Executive Secretary/Rules Liaison, (405) 962-1400 or bsmith@okmedicalboard.org

Notice of proposed PERMANENT rulemaking

Subchapter 3. Investigations and Hearings

435:3-3-1. Investigations [AMENDED]

435:3-3-2. Confidentiality during investigations [AMENDED]

435:3-3-3. Confidentiality during hearings [AMENDED]

435:3-3-8. Response to a complaint [AMENDED]

435:3-3-13. Trial examiner [AMENDED]

435:3-3-16. Subpoenas [AMENDED]

435:3-3-18. Hearing records [AMENDED]

435:3-3-19. Maintenance of hearing records [AMENDED]

The proposed rules clarify additional state boards that may be sent referrals by the Board. The proposed rules add language about investigation records being privileged in addition to confidential as passed in SB 597 and signed April 30, 2024. Confidentiality during hearings is modified to add the word "privileged" to confidential pursuant to SB 597. Service of subpoenas is clarified. The Board providing records of hearings is modernized to reflect audio records and transcription of audio.

Title 59 O.S. § 519, et. seq.; Oklahoma State Board of Medical Licensure and Supervision

Persons wishing to present their views in writing may do so on or before 5:00 p.m. on November 1, 2024, via email at bsmith@okmedicalboard.org or at the following address by 4:30 p.m. on November 1, 2024: Oklahoma State Board of Medical Licensure and Supervision, Attn: Barbara Smith, 101 NE 51st Street, Oklahoma City, Oklahoma, 73105. No written comments will be accepted after the conclusion of the written comment period.

A public hearing will be held at 2:00 p.m. on November 5, 2024, at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. Anyone who wishes to speak must sign in by 2:10 p.m.

N/A

Copies of the proposed rules may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. The proposed rules are also available on the Medical Board website at https://www.okmedicalboard.org.

Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma no later than October 15, 2024. The Rule Impact Statement will also be available on the Oklahoma Medical Board’s website at https://www.okmedicalboard.org.

Barbara Smith, Executive Secretary/Rules Liaison, (405) 962-1400 or bsmith@okmedicalboard.org.

Notice of proposed PERMANENT rulemaking

435:5-1-4.1. AdministrativeDisciplinary fines [AMENDED]

435:5-1-5. Letters of concern [AMENDED]

The proposed rules clarify the header for disciplinary fines and add “confidential and privileged” to letters of concern.

Title 59 O.S. § 519, et. seq.; Oklahoma State Board of Medical Licensure and Supervision

Persons wishing to present their views in writing may do so on or before 5:00 p.m. on November 1, 2024, via email at bsmith@okmedicalboard.org or at the following address by 4:30 p.m. on November 1, 2024: Oklahoma State Board of Medical Licensure and Supervision, Attn: Barbara Smith, 101 NE 51st Street, Oklahoma City, Oklahoma, 73105. No written comments will be accepted after the conclusion of the written comment period.

A public hearing will be held at 2:00 p.m. on November 5, 2024, at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. Anyone who wishes to speak must sign in by 2:10 p.m.

N/A

Copies of the proposed rules may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. The proposed rules are also available on the Medical Board website at https://www.okmedicalboard.org.

Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma no later than October 15, 2024. The Rule Impact Statement will also be available on the Oklahoma Medical Board’s website at https://www.okmedicalboard.org.

Barbara Smith, Executive Secretary/Rules Liaison, (405) 962-1400 or bsmith@okmedicalboard.org

Notice of proposed PERMANENT rulemaking

435:7-1-1. Administrative remedy, notice of intention to impose administrative remedy, and service of notice [AMENDED]

435:7-1-5. AllowedNon disciplinary administrative remedies [AMENDED]

435:7-1-6. Confidentiality of patient information in notice and/or final administrative remedy order [AMENDED]

The proposed rules allow all administrative remedies available to all licensees of the Board as passed in SB 597 and signed April 30, 2024. The proposed rules clarify the header and content for non-disciplinary administrative remedies but does not increase the fees. Clarifying the method of redaction of patient information presented to the Board.

Title 59 O.S. § 519, et. seq.; Oklahoma State Board of Medical Licensure and Supervision

Persons wishing to present their views in writing may do so on or before 5:00 p.m. on November 1, 2024, via email at bsmith@okmedicalboard.org or at the following address by 4:30 p.m. on November 1, 2024: Oklahoma State Board of Medical Licensure and Supervision, Attn: Barbara Smith, 101 NE 51st Street, Oklahoma City, Oklahoma, 73105. No written comments will be accepted after the conclusion of the written comment period.

A public hearing will be held at 2:00 p.m. on November 5, 2024, at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. Anyone who wishes to speak must sign in by 2:10 p.m.

N/A

Copies of the proposed rules may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. The proposed rules are also available on the Medical Board website at https://www.okmedicalboard.org.

Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma no later than October 15, 2024. The Rule Impact Statement will also be available on the Oklahoma Medical Board’s website at https://www.okmedicalboard.org.

Barbara Smith, Executive Secretary/Rules Liaison, (405) 962-1400 or bsmith@okmedicalboard.org.

Notice of proposed PERMANENT rulemaking

Subchapter 1. General Provisions

435:10-1-1. Purpose [AMENDED]

435:10-1-4. Definitions [AMENDED]

Subchapter 4. Application and Examination Procedures for Licensure as Physician and Surgeon

435:10-4-2. Board jurisdiction [AMENDED]

435:10-4-4. Application procedure [AMENDED]

435:10-4-5. Additional requirements for foreign medical school graduate applicants [AMENDED]

435:10-4-6. Medical licensure examination [AMENDED]

435:10-4-7. Licensure by endorsement [AMENDED]

435:10-4-8. Endorsement of certified applicants [REVOKED]

435:10-4-9. Board review of applications [AMENDED]

435:10-4-11. Written agreement [AMENDED]

Subchapter 5. Approval of Hospitals and Programs for Post-Graduate Training

435:10-5-1. Determination of hospitals and programs approved for post-graduate training [AMENDED]

435:10-5-2. Suspension from hospitals and programs approved [AMENDED]

Subchapter 7. Regulation of Physician and Surgeon Practice

435:10-7-1. Physicians dispensing dangerous drugs [AMENDED]

435:10-7-2. Use of Board certification [AMENDED]

435:10-7-4. Unprofessional conduct [AMENDED]

435:10-7-6. Retired physicians and surgeons [AMENDED]

435:10-7-7. Relocation of residence or practice [AMENDED]

435:10-7-9. Disposal of human tissue [AMENDED]

435:10-7-10. Annual reregistration [AMENDED]

435:10-7-11. Use of controlled substances for the management of chronic pain [AMENDED]

435:10-7-12. Establishing a physician/patient relationship; exceptions [AMENDED]

435:10-7-13. Telemedicine [AMENDED]

Subchapter 11. Temporary and Special Licensure

435:10-11-1. Purpose [AMENDED]

435:10-11-2. Procedure for temporary licensure [AMENDED]

435:10-11-3. Procedure for special licensure [AMENDED]

435:10-11-3.1. Special license for post-graduate training [AMENDED]

435:10-11-6. Change of supervisory medical doctor [REVOKED]

Subchapter 13. Supervision of Physician Assistants and Advanced Practice Registered Nurses with Prescriptive Authority [AMENDED]

435:10-13-2. Eligibility to supervise physician assistants and advanced practice registered nurses with prescriptive authority [AMENDED]

Subchapter 15. Continuing Medical Education

435:10-15-1. Continuing medical education [AMENDED]

Subchapter 19. Special Volunteer Medical License

435:10-19-3. Annual renewal [AMENDED]

The proposed rules add definitions to rules pursuant to SB 674 signed May 5, 2021, for remote patient monitoring and telemedicine. The proposed rules also clean up references to the Board jurisdiction for licensing and the application procedure which are obsolete. Licensure for graduates of foreign medical schools is modernized to remove the use of translators being provided by the Board. Other obsolete references to requiring foreign medical school graduates to score ten (10) percentage points higher on a medical exam and submit a tape recording of the applicant communicating in English. Medical licensure examination proposed rules are removing outdated references to submissions of examinations by the Board which are no longer administered. The proposed rules removed the ten (10) year limitation on passage of all steps of the licensure exam for foreign medical school graduates. The references to USMLE Step 2 Clinical Knowledge and Step 2 Clinical Skills tests are updated to reflect Step 2 Clinical Skills is no longer offered by USMLE. The proposed rules revoke the endorsement of certified applicants which is not statutory. The amendments also authorize any Board member to request additional information from an applicant. The proposed rules also clarify that a special training license shall be required to practice in a hospital or program. The amendments also update statutory reference to physicians dispensing dangerous drugs and remove references to registration with the Board that are not present in statute. The proposed rules also add clarification for allopathic physicians seeking to use Board Certification by adding the American Board of Physicians Specialties, outlining the approval process, citing to the existing fee for the request and requiring an appearance before the Board. The amendments add to the authority of the Board to revoke or discipline a licensee for “unprofessional conduct” for engaging in physician conduct with a patient which is sexual in nature or any verbal behavior which is seductive or sexually demeaning to a patient. The amendments further add to the authority of the Board to revoke or discipline a licensee for “unprofessional conduct” for failing to supervise, delegate or oversee appropriately as required by the Boards laws and rules. The amendments remove an unnecessary reference in the rules for retired physicians and surgeons. The proposed rules further add to the requirements for relocations of the practice address to include a valid electronic email address. The amendments remove an obsolete reference to the proration of annual registration of fees and the Board not hearing extension requests. The proposed rulemaking updates the rules for physicians’ usage of controlled dangerous substances for the management of chronic pain to reflect statutes updated in HB 3567 effective May 15, 2024. The amendments add language to the exceptions for establishing a physician patient relationship for the purpose of providing expedited partner therapy pursuant to statute changes SB 1491 signed May 28, 2024. The proposed rules update language for the usage of Telemedicine pursuant to law changes in SB 674 signed May 5, 2021 and updating the technology guidelines to comport with current federal law regarding privacy of patient records. The amendments clarify the discretion of the Board Secretary to extent a temporary license for allopathic physicians until a future Board meeting. The proposed rulemaking clarifies the procedure for an allopathic physician to obtain a special license from the Board. The amendments modernize the requirements for special training license for post graduate training. The proposed rules revoke the change in supervisory medical doctors for allopathic physicians that are granted a special license. The amendments address the eligibility of delegating physicians to physician assistants and advance practice registered nurses to more closely align with statute, clarify references to other state laws, rules and policies. References to the delegating physician requirements proper in this section on physicians and another proposed rulemaking has been removed in the section for physician assistants to remove any confusion as to which section controls. The amendments also clean up the continuing medical education compliant organizations and timeframe for compliance.

Title 59 O.S. § 519, et. seq.; Oklahoma State Board of Medical Licensure and Supervision

Persons wishing to present their views in writing may do so on or before 5:00 p.m. on November 1, 2024, via email at bsmith@okmedicalboard.org or at the following address by 4:30 p.m. on November 1, 2024: Oklahoma State Board of Medical Licensure and Supervision, Attn: Barbara Smith, 101 NE 51st Street, Oklahoma City, Oklahoma, 73105. No written comments will be accepted after the conclusion of the written comment period.

A public hearing will be held at 2:00 p.m. on November 5, 2024, at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. Anyone who wishes to speak must sign in by 2:10 p.m.

N/A

Copies of the proposed rules may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. The proposed rules are also available on the Medical Board website at https://www.okmedicalboard.org.

Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma no later than October 15, 2024. The Rule Impact Statement will also be available on the Oklahoma Medical Board’s website at https://www.okmedicalboard.org

Barbara Smith, Executive Secretary/Rules Liaison, (405) 962-1400 or bsmith@okmedicalboard.org.

Notice of proposed PERMANENT rulemaking

527:1-1-4. Rulemaking procedures [AMENDED]

The proposed revision updates the Board’s rulemaking procedures in order to align with recent amendments to the Administrative Procedures Act.

Oklahoma State Board of Examiners of Perfusionists; Title 59 O.S. § 2055(A)

Persons wishing to present their views in writing may do so on or before 5:00 p.m. on November 1, 2024, via email at bsmith@okmedicalboard.org or at the following address: Oklahoma State Board of Medical Licensure and Supervision, Attn: Barbara Smith, 101 NE 51st Street, Oklahoma City, Oklahoma. No written comments will be accepted after the conclusion of the written comment period.

A public hearing will be held at 9:00 a.m. on November 5, 2024, at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. Anyone who wishes to speak must sign in by 9:10 a.m.

The Perfusionist Board requests that business entities affected by these proposed rules provide the Board written 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 as a result of compliance with the proposed rules. Business entities may submit this information in writing to Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma, at the above address, before the close of the comment period on November 1, 2024.

Copies of the proposed rules may be obtained from the Perfusionist Board at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. The proposed rules are also available on the Perfusionist Board website, https://www.okperfusionists.org.

Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Perfusionist Board at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma no later than October 15, 2024. The Rule Impact Statement will also be available on the Perfusionist Board website at https://www.okperfusionists.org.

Barbara Smith, Executive Secretary/Rules Liaison, (405) 962-1400 or bsmith@okmedicalboard.org.

Notice of proposed PERMANENT rulemaking

527:10-1-2. Practice of perfusion/general licensure provisions [AMENDED]

527:10-1-4. Provisional license [AMENDED]

The proposed revisions streamline the process for Perfusionist Licensure. The proposed revisions to OAC 527:10-1-2 allow Board members’ signatures to be affixed to licenses without calling a special meeting, permit the Board to review applications for licensure prior to all information being submitted by the licensee to expedite the process for licensure, and clarify that the requirement to provide a transcript and examination score is only for full licenses. Further, the amendments to OAC 527:10-1-4 separate the different requirements for graduate and out-of-state provisional licenses and add a student provisional license.

Oklahoma State Board of Examiners of Perfusionists; Title 59 O.S. §§ 2055(A) and 2062(A)(3)

Persons wishing to present their views in writing may do so on or before 5:00 p.m. on November 1, 2024, via email at bsmith@okmedicalboard.org or at the following address during business hours: Oklahoma State Board of Medical Licensure and Supervision, Attn: Barbara Smith, 101 NE 51st Street, Oklahoma City, Oklahoma. No written comments will be accepted after the conclusion of the written comment period.

A public hearing will be held at 9:00 a.m. on November 5, 2024, at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. Anyone who wishes to speak must sign in by 9:10 a.m.

The Perfusionist Board requests that business entities affected by these proposed rules provide the Board written 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 as a result of compliance with the proposed rules. Business entities may submit this information in writing to Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma, at the above address, before the close of the comment period on November 1, 2024.

Copies of the proposed rules may be obtained from the Perfusionist Board at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma. The proposed rules are also available on the Perfusionist Board website at https://www.okperfusionists.org.

Pursuant to 75 O.S., § 303(D), a rule impact statement will be prepared and may be obtained from the Perfusionist Board at the Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma no later than October 15, 2024. The Rule Impact Statement will also be available on the Perfusionist Board website at https://www.okperfusionists.org.

Barbara Smith, Executive Secretary/Rules Liaison, (405) 962-1400 or bsmith@okmedicalboard.org.

Notice of proposed PERMANENT rulemaking

Subchapter 1. The Oklahoma State System of Higher Education

610:1-1-6. Prohibition of Race and Sex Discrimination [NEW]

The Oklahoma Legislature passed HB 1775 during the 2021 legislative session and the bill was signed into law by Governor Kevin Stitt on May 7, 2021. HB 1775 created a new section of law, codified at 70 O.S. § 24-157(A)(1), and that provides the following: “No enrolled student of an institution of higher education within The Oklahoma State System of Higher Education shall be required to engage in any form of mandatory gender or sexual diversity training or counseling; provided, voluntary counseling shall not be prohibited. Any orientation or requirement that presents any form of race or sex stereotyping or a bias on the basis of race or sex shall be prohibited.” In Black Emergency Response Team, et al. v. Drummond, et al., students, educators and others challenged 70 O.S. § 24-157 and its restrictions on training, counseling, orientation and requirements concerning race and gender at institutions of higher education among other restrictions on primary and secondary schools. Plaintiffs sought preliminary and permanent injunctive relief from enforcement of HB 1775. On June 14, 2024, an Order of Preliminary Injunction was granted in part and denied in part and a Motion to Dismiss was granted in part and denied as moot in part. The case is still pending judgment on the merits. Under 70 O.S. § 24-157, the Oklahoma State Regents for Higher Education are required to promulgate rules, subject to approval by the Governor and the Legislature, to implement the provisions of 70 O.S. § 24-157(A)(1). See 70 O.S. § 24-157(A)(2) (“Pursuant to the provisions of the Administrative Procedures Act, the Oklahoma State Regents for Higher Education shall promulgate rules, subject to approval by the Legislature, to implement the provisions of this subsection.”). The proposed permanent rule is necessary to comply with 70 O.S. § 24-157(A). The permanent rules will provide guidance to institutions and enrolled students.

Oklahoma State Regents for Higher Education; 75 O.S. § 250 et. seq., 70 O.S. § 3206, and 70 O.S. § 24-157(A).

Interested persons may submit written comments to Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

A public hearing has not been scheduled; however, pursuant to 75 O.S. § 303(B)(9), "persons may demand a hearing" by contacting Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, 405-225-9643, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

N/A

Copies of the proposed rules will be made available at the office of the Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, and on the agency’s website at https://www.okhighered.org on or before October 1, 2024.

Pursuant to 75 O.S. § 303(D), a rule impact statement will be made available on the agency's website at https://www.okhighered.org on or before October 1, 2024.

Taylor Dearborn, tdearborn@osrhe.edu, 655 Research Parkway Suite 200, Oklahoma City, OK 73104

Notice of proposed PERMANENT rulemaking

Subchapter 43. Oklahoma Access and Achievement Program [NEW]

610:25-43-1. Purpose [NEW]

610:25-43-2. Definitons [NEW]

610:25-43-3. Eligibility Requirements [NEW]

610:25-43-4. Financial Need [NEW]

610:25-43-5. Criteria for Continued Eligibility [NEW]

610:25-43-6. Payments of awards; policies and limitations [NEW]

610:25-43-7. Applications [NEW]

610:25-43-8. Authorized Insitutional Representative and Administrative Responsibilties [NEW]

During the 2024 session, the Oklahoma Legislature approved HB 3792 (now 70 O.S. § 2501) creating the Oklahoma Access and Achievement Program (a copy of HB 3792 is attached). The bill authorizes educational benefits to Oklahoma residents with intellectual disabilities enrolled in comprehensive transition and postsecondary (CTP) programs approved by the U.S. Department of Education in the amount equivalent to resident tuition at institutions in the Oklahoma State System of Higher Education and Oklahoma Career Technology Education institutions. Funding for the program will come from the Oklahoma Higher Learning Access Trust Fund funds. HB 3792 also outlines eligibility requirements for the program which include family income limits for students applying to the program, creating levels of income eligibility based on whether the student was adopted while in permanent custody of Oklahoma Human Services (OKDHS), court-ordered custody of a licensed private child-placing agency, or federally recognized Indian tribe and based on the age of the student if adopted. Students are eligible for the scholarship if they are within six (6) years of high school graduation, are enrolled in a state-system or career technology CTP program, and the student’s parent(s) federal adjusted gross income does not exceed: • $100,000 per year for parents who did not adopt; • $150,000 per year for parents who adopted the student between the ages of birth and twelve (12) years old while in the permanent custody of OKDHS, court-ordered custody of a licensed private nonprofit child-placing agency, or federally recognized Indian tribe. • $200,000 per year for parents who adopted the student between the ages of thirteen (13) and seventeen (17) years old while in the permanent custody of OKDHS, court-ordered custody of a licensed private nonprofit child-placing agency, or federally recognized Indian tribe. To maintain eligibility in the program students must maintain satisfactory academic progress and they have five (5) years of eligibility beginning their first semester at a postsecondary institution.

Oklahoma State Regents for Higher Education; 70 O.S. § 2501 and 70 O.S. § 3206.

Interested persons may submit written comments to Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

A public hearing has not been scheduled; however, pursuant to 75 O.S. § 303(B)(9), "persons may demand a hearing" by contacting Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, 405-225-9643, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

N/A

Copies of the proposed rules will be made available at the office of the Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, and on the agency’s website at https://www.okhighered.org on or before October 1, 2024.

Pursuant to 75 O.S. § 303(D), a rule impact statement will be made available on the agency's website at https://www.okhighered.org on or before October 1, 2024.

Taylor Dearborn, tdearborn@osrhe.edu, 655 Research Parkway Suite 200, Oklahoma City, OK 73104

Notice of proposed PERMANENT rulemaking

Subchapter 23. Oklahoma Higher Learning Access Program

610:25-23-2. Eligibility of participants [AMENDED]

610:25-23-3. Applications [AMENDED]

610:25-23-4. Program requirements [AMENDED]

610:25-23-5. Securing Program benefits [AMENDED]

Oklahoma’s Promise was created in 1992. Students must enroll in the program in the 8th, 9th, 10th or 11th grade. The program requires students to complete a college preparatory curriculum, achieve at least a 2.50 GPA in the required curriculum and a 2.50 GPA overall, attend school regularly, and refrain from drug abuse or delinquent acts. Students completing the requirements qualify for an award equal to public college tuition. As originally created in 1992, participation was limited to students from families with an income of $24,000 or less at the time of application in the 9th or 10th grade. In 1999, the family income limit was increased to $32,000 and the application period was expanded into the 8th grade. One year later, in 2000, the income limit was further increased to $50,000. The income limit remained at $50,000 until 2017 when the Legislature increased the limit to $55,000 beginning with the 2017-2018 school year. The 2017 legislation also included a further increase of the income limit to $60,000 beginning in 2021-2022. In 2021, the Legislature acted to further expand the application period to the 11th grade, effective beginning in 2021-2022. The 2022 Legislature again modified the income limit by establishing three income eligibility levels based on the number of dependent children in the family that became effective in the 2022-2023 school year. • $60,000 per year for parents who have one or two dependent children; • $70,000 per year for parents who have three or four dependent children; or • $80,000 per year for parents who have five or more dependent children. From 2012-2013 to 2017-2018, Oklahoma’s Promise college students were subject to a second income limit of $100,000 checked once at the time the student started college. Beginning in 2018-2019, the second income limit is checked each year the student is enrolled in college. The proposed Oklahoma’s Promise changes are intended to support the State Regents' goal to increase the number of college graduates in Oklahoma and to comply with changes in law. These proposed emergency and permanent rules are necessary to comply with the changes to 70 O.S. §§ 2603 and 2605 made by Senate Bills 1302 and 1328. Both bills became effective July 1, 2024. In the absence of emergency rules, the earliest the permanent rule process could be complete is Summer 2025. The emergency rules will provide temporary guidance to OSRHE staff, institutions of higher education and prospective and enrolled students until such time as the permanent rule process – which will include public comment and potentially a public hearing – is complete. Allowing a delay in modifying the rules for Oklahoma’s Promise until Summer 2025 could create a “violation of federal law or regulation or other state law” or create “serious prejudice to the public interest.” 75 O.S. § 253(A)(1)(c) & (e). These are both outcomes that the emergency rule provisions of 75 O.S. § 253 allow OSRHE to prevent.

Oklahoma State Regents for Higher Education; 75 O.S. § 253, 70 O.S. §§ 2603 and 2605, and 70 O.S. § 3206.

Interested persons may submit written comments to Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

A public hearing has not been scheduled; however, pursuant to 75 O.S. § 303(B)(9), "persons may demand a hearing" by contacting Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, 405-225-9643, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

N/A

Copies of the proposed rules will be made available at the office of the Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, and on the agency’s website at https://www.okhighered.org on or before October 1, 2024.

Pursuant to 75 O.S. § 303(D), a rule impact statement will be made available on the agency's website at https://www.okhighered.org on or before October 1, 2024.

Taylor Dearborn, tdearborn@osrhe.edu, 655 Research Parkway Suite 200, Oklahoma City, OK 73104

Notice of proposed PERMANENT rulemaking

Subchapter 7. Oklahoma Tuition Aid Grant Program

610:25-7-6. Eligibility; amount of grant; application procedures and deadlines; disbursement of funds [AMENDED]

The proposed Oklahoma Tuition Aid Grant (OTAG) changes are intended to support the State Regents' goal to increase the number of college graduates in Oklahoma and to comply with changes in law. These proposed rules are necessary to comply with the changes to 70 O.S. § 626.6 made by SB 11 and changes to 70 O.S. § 626.7 made by SB 1624. Both bills became effective July 1, 2024. These rules also address the federal FAFSA Simplification Act requirements for the 2024-25 award year. The proposed rule revisions address the following three issues: adjusting to match the new Free Application for Federal Student Aid (FAFSA) reporting language for student income verification, expanding eligibility to incarcerated students to align with Senate Bill 11, and to expand eligibility to students with intellectual disabilities enrolled in a Comprehensive Transition Program (CTP) approved by the United States Department of Education. Language Alignment with the FAFSA Simplification Act To align with the FAFSA Simplification Act requirements for the 2024-25 award year, income will be verified using the Student Aid Index (SAI) instead of Expected Family Contribution (EFC). The SAI continues to use the same financial information from the FAFSA as the EFC did but calculates a different index number. The index was created to more accurately reflect a family’s financial situation and need for financial aid. Expanding Eligibility to Incarcerated Students In the 2024 legislative session Senate Bill 11 passed almost unanimously out of both the House and the Senate and was signed into law on May 23, 2024. The bill allows an incarcerated individual who is enrolled in a Prison Education Program (PEP) and is within five (5) years of being released to be eligible for OTAG. However, incarcerated individuals enrolled in virtual learning programs are ineligible. Expanding Eligibility to Individuals with Intellectual Disabilities Enrolled in CTP Programs In the 2024 legislative session Senate Bill 1624 passed almost unanimously out of both the House and the Senate and was signed into law on April 30, 2024. The bill allows a student with an intellectual disability who is enrolled in a CTP program approved by the United States Department of Education to be eligible for OTAG.

Oklahoma State Regents for Higher Education; 70 O.S. § 626.6, 70 O.S. § 626.7, and 70 O.S. § 3206

Interested persons may submit written comments to Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

A public hearing has not been scheduled; however, pursuant to 75 O.S. § 303(B)(9), "persons may demand a hearing" by contacting Taylor Dearborn, Legal Assistant, Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, 405-225-9643, tdearborn@osrhe.edu, by 9:30 a.m., November 1, 2024.

N/A

Copies of the proposed rules will be made available at the office of the Oklahoma State Regents for Higher Education, 655 Research Parkway, Suite 200, Oklahoma City, OK 73104, and on the agency’s website at https://www.okhighered.org on or before October 1, 2024.

Pursuant to 75 O.S. § 303(D), a rule impact statement will be made available on the agency's website at https://www.okhighered.org on or before October 1, 2024.

Taylor Dearborn, tdearborn@osrhe.edu, 655 Research Parkway Suite 200, Oklahoma City, OK 73104

Notice of proposed PERMANENT rulemaking

Subchapter 13. Hunting and Fishiing License Dealers

800:1-13-11. Wildlife Land Stamp, also known as Fishing and Hunting Legacy Permit [REVOKED]

Deletes section on Wildlife Land Stamp as it is no longer needed due to the passage of SB 941.

Senate Bill 941 and House Bill 3856 Article XXVI, Section 1 and 3 of the Constitution of Oklahoma; Oklahoma Wildlife Conservation Commission.

Persons wishing to present their views in writing may do so on or before 4:30 p.m. on November 8, 2024, at the following address: Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105 (PO Box 53465, Oklahoma City, OK 73152) or online at www.wildlifedepartment.com.

Date: November 7, 2024 Time: 7:00 p.m. Oklahoma City - OK Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, OK

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Copies of the proposed rules will be available to the public at 1801 N. Lincoln Blvd., Oklahoma City, OK 73105.

Pursuant to 75 O.S., 303(D), a rule impact statement is being prepared and will be available for review after October 11, 2024, at the above address for the Oklahoma Department of Wildlife Conservation.

Nels Rodefeld, Chief of Communication and Education Division 405/521-4635 or Tammy St. Yves, Executive Assistant 405/522-6279.

Notice of proposed PERMANENT rulemaking

Subchapter 5. Migratory Bird Hunting Season

Part 1. DUCKS, MERGANSERS, COOTS, GEESE, MOURNING, WHITE-WINGED AND EURASIAN COLLARED DOVES, WOODCOCK, VIRGINIA AND SORA RAIL, COMMON MOORHEN, PURPLE GALLINULE, SNIPE AND SANDHILL

800:25-5-2.2. General provisions for migratory game birds [AMENDED]

Subchapter 7. General Hunting Seasons

Part 1. GENERAL PROVISIONS

800:25-7-3. General provisions [AMENDED]

Part 5. UPLAND GAME

800:25-7-19. Wild turkey - general provisions [AMENDED]

Part 15. FURBEARERS

800:25-7-60. General provisions for furbearers [AMENDED]

Subchapter 13. Commercial Hunt Areas

800:25-13-12. Five-Day Paper Hunting License [NEW]

Modifies HIP requirements, add license requirements for youth hunters, adjust cost of turkey license, deletes special license requirements for furbearers, and allow the sales of five-day paper hunting licenses for winged upland game at licensed commercial hunt areas.

Senate Bill 941, House Bill 3856, and Title 29 O.S., Section 3-103(D)(13), Article XXVI, Section 1 and 3 of the Constitution of Oklahoma; Oklahoma Wildlife Conservation Commission.

Persons wishing to present their views in writing may do so on or before 4:30 p.m. on November 8, 2024, at the following address: Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105 (PO Box 53465, Oklahoma City, OK 73152) or online at

Date: November 7, 2024 Time: 7:00 p.m. Oklahoma City - OK Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, OK

N/A

Copies of the proposed rules will be available to the public at 1801 N. Lincoln Blvd., Oklahoma City, OK 73105.

Pursuant to 75 O.S., 303(D), a rule impact statement is being prepared and will be available for review after October 11, 2024, at the above address for the Oklahoma Department of Wildlife Conservation.

Bill Dinkines, Chief of Wildlife Division, 405/521-2739 or Tammy St. Yves 405/522-6279

Submission to Governor and Legislature

Subchapter 1. Use of Towers, Facilities and Communications Services

610:15-1-1. Purpose [AMENDED]

610:15-1-2. Towers and facilities use [AMENDED]

610:15-1-3. CommunicationsInternet and technology services use [AMENDED]

September 6, 2024

Withdrawal of EMERGENCY rulemaking

August 20, 2024

August 23, 2024

September 3, 2024

The Oklahoma Tax Commission would like to add additional clarification to one of the sections.

EMERGENCY adoption

Subchapter 1. General Provisions

465:20-1-1. Purpose [AMENDED]

Subchapter 3. Design and Placement

465:20-3-1. Form and substance of the temporary license plate [AMENDED]

465:20-3-2. Content of the temporary license plate [AMENDED]

465:20-3-3. Location and visibility of the temporary license plate [AMENDED]

Subchapter 5. Registration Procedures, Qualifications and Fees [NEW]

465:20-5-1. Scope [NEW]

465:20-5-2. Temporary license plate vendors [NEW]

465:20-5-3. Applicant [NEW]

465:20-5-4. Place of business [NEW]

465:20-5-5. Bond and insurance [NEW]

465:20-5-6. Issuance of registration [NEW]

465:20-5-7. Renewal of registration [NEW]

465:20-5-8. Fees [NEW]

465:20-5-9. Vendor ownership changes [NEW]

Subchapter 7. Operation [NEW]

465:20-7-1. Services [NEW]

465:20-7-2. Records [NEW]

465:20-7-3. Prohibited acts [NEW]

Subchapter 9. Software and Security [NEW]

465:20-9-1. Sales data transfer format and security requirement [NEW]

Subchapter 11. Assessment of Fine or Denial, Suspension or Revocation of Registration [NEW]

465:20-11-1. Grounds [NEW]

465:20-11-2. Prohibition [NEW]

Oklahoma New Motor Vehicle Commission; Title 47, Section 563(F) and Service Oklahoma Law Title 47, Section 1137.4

N/A

N/A

August 5, 2024

Immediately upon Governor's approval

August 27, 2024

Effective through September 14, 2025, unless superseded by another rule or disapproval by the Legislature

N/A

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In order for this Commission to comply with SB2035, "The Mason Treat Bill", effective September 1, 2024, emergency rules must be promulgated as directed by the bill.

SB2035 changes the design and function of temporary tags; requires purchaser data to be transmitted to Service Oklahoma within 48 hours; and requires temporary tag vendors to become registered with this Commission.

Marilyn Maxwell Deputy Executive Director 405-607-8227, ext 101 marilyn.maxwell@onmvc.ok.gov

EMERGENCY adoption

Subchapter 3. Design

765:13-3-1. Purpose [AMENDED]

765:13-3-2. Form and substance of the temporary license plate [AMENDED]

765:13-3-3. Content of the temporary license plate [AMENDED]

765:13-3-4. Location of the temporary license plate [AMENDED]

765:13-3-5. RecordsRequirement [AMENDED]

765:13-3-6. Pre-registration by dealer [NEW]

765:13-3-7. Records [NEW]

Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission; 47 O.S. Section 582(E)(1), 75 O.S. Section 583 B.3, 75 O.S. Section 302 et.seq

N/A

N/A

July 9, 2024

Immediately upon Governor's approval

August 16, 2024

Effective through September 14, 2025, unless superseded by another rule or disapproved by the Legislature

N/A

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SB 2035 was passed by the Legislature and signed by Governor Stitt. The effective date is September 1, 2024. The Emergency Rule is necessary to avoid violation of state law.

The Rule Amendments change the present Rules to conform to SB 2035 by modifying the current temporary license plate to make them readable for the Oklahoma Turnpike Authority and requiring dealers to submit preregistration documentation to Service Oklahoma on motor vehicles sold.

Brian Wilson, Executive Director (405)521-3600

EMERGENCY adoption

Subchapter 1. Registration Qualifications, Procedures and Fees [NEW]

765:14-1-1. Purpose [NEW]

765:14-1-2. Scope [NEW]

765:14-1-3. Fees [NEW]

765:14-1-4. Place of business [NEW]

765:14-1-5. Applicant [NEW]

765:14-1-6. Bonds and insurance [NEW]

765:14-1-7. Issuance of registration [NEW]

765:14-1-8. Renewal of registration [NEW]

765:14-1-9. Changes [NEW]

Subchapter 3. Operation [NEW]

765:14-3-1. Services [NEW]

765:14-3-2. Records [NEW]

765:14-3-3. Prohibited Acts [NEW]

Subchapter 5. Software and Security [NEW]

765:14-5-1. Software [NEW]

765:14-5-2. Security [NEW]

Subchapter 7. Assessment of fine or denial, suspension, or revocation of registration [NEW]

765:14-7-1. Grounds [NEW]

765:14-7-2. Prohibition [NEW]

Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission; 47 O.S. Section 582(E)(1); 75 O.S. Section 302 et.seq.

N/A

N/A

July 9, 2024

Immediately upon Governor's approval

August 16, 2024

Effective through September 14, 2025, unless superseded by another rule or disapproved by the Legislature

N/A

N/A

N/A

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N/A

SB2035 was passed by the Legislature and signed by Governor Stitt. The effective date is September 1, 2024. The Emergency Rule is necessary to avoid violation of state law.

The Rules create requirements, qualifications and procedures for authorized temporary license plate vendors.

Brian Wilson, Executive Director (405)521-3600