Oklahoma Administrative Code
Title 435 - State Board of Medical Licensure and Supervision
Chapter 10 - Physicians and Surgeons
Subchapter 1 - General Provisions
Section 435:10-1-4 - Definitions
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act" means the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, 59 O.S. §§480et seq.
"APA" means either or both Article I and Article II, as applicable of the Administrative Procedures Act, 75 O.S.1991, §§ 250 et seq. , as amended.
"Applicant" means a person who applies for licensure from the Board.
"Board" means the Oklahoma Board of Medical Licensure and Supervision.
"Distant site" means the location of medical doctor providing care via telecommunications systems.
"Foreign applicant" means an applicant who is a graduate of a foreign medical school.
"Foreign medical school" means a medical school located outside of the United States.
"Originating site" means the location of the patient at the time the service being furnished via a telecommunications system occurs.
"Patient" means the patient and/or patient surrogate.
"Physician/patient relationship" means a relationship established when a physician agrees by direct or indirect contact with a patient to diagnose or treat any condition, illness or disability presented by a patient to that physician, whether or not such a presenting complaint is considered a disease by the general medical community. The physician/patient relationship shall include a medically appropriate, timely-scheduled, actual face-to-face encounter with the patient, subject to any supervisory responsibilities established elsewhere in these rules except as allowed in OAC 435:10-7-12 in this Subchapter. The act of scheduling an appointment, whether by a physician or by a physician's agent, for a future evaluation will not in and of itself be considered to establish a physician/patient relationship.
"Supervision and Control" means the physical presence of the supervising physician in the office or operating suite before, during and after the treatment or procedure and includes diagnosis, authorization and evaluation of the treatment or procedure with the physician/patient relationship remaining intact.
"Surrogate" means individuals closely involved in patients' medical decision-making and care and include:
(A) spouses or partners;
(B) parents;
(C) guardian; and
(D) other individuals involved in the care of and/or decision-making for the patient.
"Telemedicine" means the practice of healthcare delivery, diagnosis, consultation, treatment, including but not limited to, the treatment and prevention of conditions appropriate to treatment by telemedicine management, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine is not a consultation provided by telephone or facsimile machine (Oklahoma Statutes, Title 36, Sec. 6802 ). This definition excludes phone or Internet contact or prescribing and other forms of communication, such as web-based video, that might occur between parties that does not meet the equipment requirements as specified in OAC 435:10-7-13 and therefore requires an actual face-to-face encounter. Telemedicine physicians who meet the requirements of OAC 435:10-7-13 do not require a face to face encounter
Added at 11 Ok Reg 4535, eff 7-27-94 (emergency); Added at 12 Ok Reg 1223, eff 5-11-95; Amended at 24 Ok Reg 2246, eff 6-25-07; Amended at 27 Ok Reg 856, eff 4-25-10; Amended at 29 Ok Reg 353, eff 2-1-12 through 7-14-12 (emergency)1
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-12 (after the 7-14-12 expiration of this emergency action), the text of 435:10-1-4 reverted back to the permanent text that became effective 4-25-10, as was last published in the 2011 Edition of the OAC.
