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

Current through Vol. 41, No. 20, July 1, 2024
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. §§480
et
				  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
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.