Issues & Answers Newsletter from OSBMLS

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oklahoma medical board

Issues & Answers

December 13, 2019

In This Issue:


From your Medical Board

Candle1

 

The Holiday season can be some of the best times and some of the most stressful times. Hopefully, this will be a time for you of good family activities and memories.  If you travel, may you be safe to and from your destination. If you stay close by may you be safe as well.

Be Thankful and Prayerful as you close out 2019.

 -OMB Staff

 


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Executive Director's Page

The Mission of the Medical Board
Protect the Public

The Oklahoma State Board of Medical Licensure and Supervision will start the new year with new board members to conduct its business. The following is a list of the full board and the newest members have an asterisk *

These men and women do a thankless job for the citizens of Oklahoma at considerable personal time and expense with no Board compensation.

 

Susan Chambers, MD, PC, [OB/GYN]  Board President 19/20
Integris Lakeside Women's Hospital
11200 North Portland
Oklahoma City, OK 73120

Robert Howard, Public Member
REHCO, LLC Auto Dealerships
1225 North Broadway Avenue
Oklahoma City, OK 73103

James Brinkworth, MD, [Path] Board Vice President 19/20
The Pathology Group, PC
1000 N. Lee St
PO Box 205
Oklahoma City, OK 73102

*Trevor Nutt, Public Member
COO
Agility Medical Group
3112 Cooke Way
Oklahoma City, OK 73179

*Clayton Bullard, Public Member
President
PGx Medical LLC
5729 NW 132nd St
OKC, OK 73142

David Vanhooser, MD [CVS]
Integris CV Surgeons
3433 NW 56th 
Oklahoma City, OK 73112

Louis Cox, MD [IM]
Medical Specialists, Inc.
5401 N. Portland Avenue
Oklahoma City, OK 73112

Ann Warn, M.D., M.B.A. [OPH]
Dean A. McGee Eye Institute
3201 West Gore Boulevard
Lawton, OK 73505
Mark Fixley, MD, [IM/CCM] Board Immediate Past President
Oklahoma Heart Hospital Physicians
4050 West Memorial Road
Oklahoma City, OK 73120
*Don Wilber, MD, [PED]
Oklahoma City Clinic
600 National Ave
Midwest City, OK 73110

*Jeremy Hall, Public Member
CEO
Apex Medical LLC
PO Box 1148
Jenks, OK 74037

 

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E-PRESCRIBING DEADLINE DRAWS CLOSE - JANUARY 1, 2020

   

HB 2931 – Effective Nov 1, 2019

January 1, 2020 

Oklahoma Law requires that by 1/1/20, ALL medical prescribers will have to use Electronic Prescriptions for Controlled Substances (EPCS) unless they have a waiver from their respective licensure board.


The professional associations have a list of several inexpensive software apps that are available for this purpose. Neither the OSMA, OOA or respective licensure boards endorse the vendors however, there are a number of physicians who utilize them and may be available to make recommendations.

https://www.okmed.org/Web/online/Advocacy/EPrescribing_Nov19.aspx

The Medical Board sent out an e-mail with details, criteria and a form to complete to request a one-year waiver. You may access the form on:

https://www.surveymonkey.com/r/RXWaiverApplication

Without a waiver, the prescriber must have an e-prescribing system in place by January 1, 2020 to prescribe all schedules of CDS (Schedule II to Schedule 5).

Please go to the Oklahoma Medical Board or the OBNDD website or click on the blue link below and print off the FAQs on E-Prescribing as they answer many of the questions you may have.

https://www.okmedicalboard.org/download/948/FAQ+for+Electronic+Prescribing+for+Controlled+Substances.pdf

You can contact the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD)
by telephone at (405) 521-2885
or by email: RxPadregistration@obn.state.ok.us

When you submit your e-prescribing waiver form [OMB Website], you will receive one of the following responses: "Denial is NOT necessarily negative

Approved

Your request for electronic prescription waiver has been approved: 

One-year waiver to obtain ability to prescribe electronically. OBNDD will be notified of waiver and send physician paper prescription pad [only for CDS]

Denied - Incomplete

Your request for electronic prescription waiver is denied for the following reason: Request was incomplete or missing required data.  Please login and complete the waiver form again and make sure to provide all required information.

Please contact the Board for additional information by phone or email at: Supportservices@okmedicalboard.org

Denied - Exempt

Your request for electronic prescription waiver is denied for the following reason: Exempt: The electronic prescription mandate does not apply to practitioners who dispense directly to a patient; practitioners who order controlled dangerous substances to be administered through an on-site pharmacy in a hospital, nursing facility, hospice inpatient facility, outpatient dialysis facility or continuum of care facility; a penal institution; pharmacy located on federal property.

All prescribers qualified under the above exemption settings shall use an official prescription form provided by the Oklahoma State Bureau of Narcotics and Dangerous Drugs (OBNDD) Please contact OBNDD: (405) 521-2885 or by email: RxPadregistration@obn.state.ok.us

Denied - Technical Limitations

Your request for electronic prescription waiver is denied for the following reason: Disruption of service: One major exception to the electronic requirement is when a practitioner “experiences temporary technological or electrical failure or other extenuating circumstance that prevents the prescription from being filled electronically.”  The failure shall be noted in the patient’s medical record.

Under circumstances listed above prescriber shall use an official prescription form provided by the Oklahoma State Bureau of Narcotics and Dangerous Drugs (OBNDD) Please contact OBNDD: (405) 521-2885 or by email: RxPadregistration@obn.state.ok.us

 

IMPORTANT: ALL Prescribers will receive one numbered pad of 100 prescriptions from OBNDD.  This pad is to be used when technical problems prevent using the electronic RX system you would normally use.   Just because you received a pad does not mean that your application for a one-year waiver was approved.  If you are approved for a waiver, it is intended for the prescriber to obtain the ability to prescribe CDS electronically before the waiver expires. There is no guarantee that waivers will be offered in the future.

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Oklahoma State SEal

 

November 1, 2019 was a deadline for several law changes that impact the practice of medicine.

 


SB 670 – Military License: Effective Nov 1, 2019

This law authorizes every active duty military personnel and their spouse licensed in any occupation or profession in another state, upon receiving notice or orders of military transfer or honorable discharge to this state, to immediately and in advance to notify the appropriate licensing or credentialing agency in Oklahoma to request an immediate temporary or reciprocal license for their current valid license from another state or territory of the United States; such person immediately upon entering this state will be authorized to continue their licensed occupation or profession without delay in Oklahoma.

It requires every administrative body, state agency director or official with authority over any occupational or professional license, and each of the respective examining and licensing boards, to, upon satisfactory evidence of equivalent education, training and experience with a valid license from another state by a military applicant, accept the valid license; and apply all its education, training and experience in the manner most favorable toward satisfying the qualifications for issuance of the requested license or approval for examination in Oklahoma. It requires the temporary license to be valid for a period continuous until full licensure is granted or the person is otherwise notified of the cause for denial or other credentials that are required by Oklahoma for full licensure.

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HB 2351 Effective Nov 1, 2019

Interstate Medical Licensure Compact (IMLC)

Through the passage of HB2351 (effective November 1, 2019) Oklahoma will join 31 other states, territories and the District of Columbia in the Interstate Medical Licensure Compact (IMLC). The Compact is designed to provide an expedited pathway to licensure for qualified physicians who wish to practice in multiple states. Every state has their unique challenges when adopting such a comprehensive system. Oklahoma is in the process of working with the appropriate state and federal agencies in developing the implementation process which may take 30-60 days from the effective date.

The IMLC has no bearing on currently practicing Oklahoma MD’s unless an Oklahoma physician wants to utilize the Compact to obtain a license in another one of the 30+ compact states.

States currently accepting applications for multi-state licensure

There are currently 24 states and one territory accepting applications for multi-state licensure:

  • Alabama
  • Arizona
  • Colorado
  • Guam
  • Idaho
  • Illinois
  • Iowa
  • Kansas
  • Maine
  • Maryland
  • Michigan
  • Minnesota*
  • Mississippi
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • North Dakota
  • South Dakota
  • Tennessee
  • Utah
  • West Virginia
  • Wisconsin
  • Wyoming
  • Washington

 * Minnesota is not considered a “State of Principle Licensure.” This means you cannot enter into the compact through a MN license. However, you are able to get a MN license issued through the compact once you have entered into the compact via another State of Principle Licensure.

Future state board participation:

The following states and districts have passed legislation to be part of the compact, but implementation has been delayed.  Questions regarding the current status and extent of these states’ and boards’ participation in the IMLC should be directed to the respective state boards:

  • District of Columbia
  • Georgia
  • Kentucky
  • Oklahoma
  • Pennsylvania
  • Vermont

PMP - It’s the LAW: “Get it, Use it, Don’t Regret it”

OPIOID PRESCRIBERS MUST REGISTER and QUERY the PMP

Oklahoma physicians and Physician Assistants (PA) who prescribe opioids must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) Prescription Monitoring Program (PMP).

The mandate only includes prescriptions for opioids, synthetic opioids, semisynthetic opioids, benzodiazepines or Carisoprodol [Soma].

Register at Oklahoma PMP AWARE  Registration is quick, easy and free.

Oklahoma law requires physicians to access PMP before prescribing an opioid to a new patient or once every 180 days when authorizing a prescription refill.

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Keep Your Personal Profile Current:

Mailing addresses & emails - It is a requirement that you keep the Medical Board up to date on your mailing address.

We are asking you to keep us up to date on your most current and preferred E-MAIL. We receive a large number of returns on both mail and e-mail.

Go to the Board website: www.okmedicalboard.org and update your personal profile information 24/7 by logging in like you are going to renew your license and it will allow you to make necessary changes, like addresses, phone numbers, etc.

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BOARD ACTIONS - August-November 2019

Alexander, Joe Bob, MD 10682 - Abilene,TX 8/27/19 Complaint Citation

Alleged Violation of Federal Narcotics Laws, Court Action


Bendall, Zane M., TA 1116 10/14/19 Drumright, OK - Suspension,

Failure to comply with terms of APPA program, License Reinstated under Agreement


Bharucha, Kersi, MD Emeritus 19592, Oklahoma City, OK- 11/7/19 Surrendered License

Criminal Conviction, Violation of State Criminal Law, Sexual Misconduct


Brown, Douglas R., MD 20645, Okmulgee, OK  8/9/19 Complaint Citation

Alleged Narcotics Violation, Overprescribing, CDS Violation


Fleckenstein, James, MD 23288,  9/12/19 Probation

Violation of State Criminal Law, CDS Violation, Narcotics Violation/Self-Prescribing CDS


Fossey, Mark D., MD 11793, 11/15/19 Complaint Citation

Alleged Failure to Establish Physician/Patient Relationship, Failure to Maintain Records


Gilbert, James Melvin, MD 9487, Bethany, OK - Reprimand, restriction

Narcotics Violation/Over-Prescribing, Failure to Maintain Records, Prescribing without Legitimate Medical Need, CDS Violation


Losacco, Dominic, MD 10161, Tulsa, OK - 9/12/19 Surrendered License eff 10/1/19

Failure to Maintain Records


Marion, Kirstin A, RC 4850 11/26/19 Revoked License

Failing to furnish the Board info Lawfully Requested


Mejia Garagorry, Pedro MD 34104 10/14/19 Complaint Citation
Alleged Alcohol/Substance Abuse, Violation of State and Federal Narcotics Laws


Miller, Hobert Stevens, RC 881 Midwest City, OK 9/12/19 Reprimand

Fraud Obtaining License Credentials


Nesbitt, Petrina N., RC 1809 Shawnee, OK 10/24/19 Immediate Summary Suspension

Violated Board Order


Robbins, Janet L., OA 443, Sand Springs, OK 9/25/19 Complaint Citation
Alleged Practicing Without an Active License


Robertson, Lowell James, MD 17290, Tulsa, OK 8/2/19 5-year Probation


Sheik, Shafeeq T, MD 31081, Houston, TX -10/15/19 Revoked License

Action taken by other state, Criminal Conviction, Sexual Misconduct, Violation of State Criminal Law


Simmons, Michael, MD 33164, Frontenac, KS - 8/1/19 Complaint Citation
Based on Action taken by other state board, Sexual Misconduct, Failure to Maintain Records


Smith, Floyd L, MD 16142, Oklahoma City, OK, 8/1/19 Reprimand

Failure to Establish Physician/Patient Relationship, Failure to Maintain Records

Prescribing without Legitimate Medical Need, Voluntary Submittal to Jurisdiction


Weber Sanderson, Lesley Ann, RC 4404, 10/11/19 Complaint Citation
Alleged Fraud Obtaining License Credentials, Practicing Without an Active License


White, Kambri M., RC 4106, Woodward, OK 11/7/19 Reprimand

Incompetence/Negligence, Failure to Maintain Records

.

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Upcoming Renewals


Electrologists

Nov 1 - Dec 31

Orthotists and Prosthetists

Nov 1 - Dec 31

Perfusionists

Dec 1 - Jan 31

Physical Therapists/Physical Therapy Assistants

Dec 1 - Jan 31

Physician Assistants

Feb 1-Mar 31


Valuable resources available on Medical Board Website: