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§85-201.1.


§85-201.1.
   
   A. 1. There is hereby created a Physician Advisory Committee comprised
   of nine (9) members to be appointed as follows:
   
   a. the Governor shall appoint three members, one of whom shall be
   licensed in this state as a doctor of medicine and surgery, one of
   whom shall be engaged in the practice of family medicine in a rural
   community of the state, and one of whom shall be an osteopathic
   physician,
   
   b. the President Pro Tempore of the Senate shall appoint three
   members, one of whom shall be licensed in this state as a doctor of
   medicine and surgery, one of whom shall be licensed in this state
   either as a doctor of medicine or a doctor of osteopathy, and one of
   whom shall be licensed in this state as a podiatric physician,
   
   c. the Speaker of the House of Representatives shall appoint three
   members, one of whom shall be licensed in this state as an osteopathic
   physician, one of whom shall be licensed in this state either as a
   doctor of medicine or a doctor of osteopathy, and one of whom shall be
   licensed in this state as a chiropractic physician.
   
   2. a. To fill the positions for which the term of office expires on
   January 1, 1996, the Governor shall appoint a resident of the Fifth
   Congressional District, the President Pro Tempore of the Senate shall
   appoint a resident of the First Congressional District and the Speaker
   of the House of Representatives shall appoint a resident of the Second
   Congressional District.
   
   b. To fill the positions for which the term of office expires on
   January 1, 1997, the Governor shall appoint a resident of the Sixth
   Congressional District, the President Pro Tempore of the Senate shall
   appoint a resident of the Third Congressional District and the Speaker
   of the House of Representatives shall appoint a resident of the Fourth
   Congressional District.
   
   c. To fill the positions for which the term of office expires on
   January 1, 1998, the Governor, the President Pro Tempore of the Senate
   and the Speaker of the House of Representatives shall appoint
   residents of the state at large.
   
   d. Thereafter, appointments shall be made from the same Congressional
   District as the original appointment was made pursuant to this
   paragraph.
   
   B. The Committee shall:
   
   1. Assist and advise the Administrator of the Workers' Compensation
   Court regarding utilization review as it relates to the medical
   practice and treatment of work-related injuries. Such utilization
   review shall include a review of reasonable and necessary treatment;
   abusive practices; needless treatments, testing, or procedures; or a
   pattern of billing in excess of or in violation of the Schedule of
   Medical Fees. The Physician Advisory Committee shall review and make
   findings and recommendations to the Administrator of the Workers'
   Compensation Court with respect to charges of inappropriate or
   unnecessary treatment or procedures, abusive practices, or excessive
   billing disclosed through utilization review.
   
   2. Assist the Administrator of the Workers' Compensation Court in
   reviewing medical practices of health care providers, including
   evaluations of permanent impairment provided by health care providers,
   as provided for in Section 201 of this title. The Committee shall
   review and make findings and recommendations to the Administrator with
   respect to charges of abusive practices by health care providers
   providing medical services or evaluations of permanent impairment
   through the workers' compensation system.
   
   3. After public hearing, review and make recommendations for
   acceptable deviations from the American Medical Association's "Guides
   to the Evaluation of Permanent Impairment" using appropriate and
   scientifically valid data. Those recommendations may be adopted, in
   part or in whole, by the Administrator to be used as provided for in
   paragraph 11 of Section 3 and Section 22 of this title;
   
   4. After public hearing, review and make recommendations for an
   alternative method or system to evaluate permanent impairment that
   shall be used in place of or in combination with the American Medical
   Association's "Guides to the Evaluation of Permanent Impairment".
   Appropriate and scientific data shall be considered. The alternative
   method or system to evaluate permanent impairment may be adopted, in
   part or in whole, by the Administrator to be used as provided for in
   paragraph 11 of Section 3 and Section 22 of this title. Revisions,
   deviations and alternatives to the American Medical Association's
   "Guides to the Evaluation of Permanent Impairment" shall become
   effective as provided in paragraph 11 of Section 3 and Section 22 of
   this title;
   
   5. After public hearing, review and make recommendations for treatment
   guidelines and protocols and utilization controls for adoption, in
   part or in whole, by the Administrator. Treatment guidelines and
   protocols and utilization controls may be adopted incrementally in the
   descending order of utilization frequency;
   
   6. Provide general recommendations to the judges of the Workers'
   Compensation Court on the issues of injury causation and
   apportionment;
   
   7. Conduct educational seminars for the judges of the Workers'
   Compensation Court, employers, employees, and other interested
   parties;
   
   8. Assist the judges of the Workers' Compensation Court in accessing
   medical information from scientific literature; and
   
   9. Report its progress annually to the Governor, the President Pro
   Tempore of the Senate, and the Speaker of the House of
   Representatives.
   
   C. The term of office for initial appointees shall expire March 1,
   1994. Thereafter, successors in office shall serve as follows:
   
   1. The term of office for three positions, one each appointed by the
   Governor, the President Pro Tempore of the Senate and the Speaker of
   the House of Representatives, shall expire on January 1, 1996;
   
   2. The term of office for three positions, one each appointed by the
   Governor, the President Pro Tempore of the Senate and the Speaker of
   the House of Representatives, shall expire on January 1, 1997;
   
   3. The term of office for three positions, one each appointed by the
   Governor, the President Pro Tempore of the Senate and the Speaker of
   the House of Representatives, shall expire on January 1, 1998;
   
   4. Thereafter, successors in office shall be appointed for a
   three-year term. Members shall be eligible to succeed themselves in
   office; and
   
   5. Any person appointed to fill a vacancy shall be appointed for the
   unexpired portion of the term.
   
   D. Members of the Physician Advisory Committee shall receive no
   compensation for serving on the Committee but shall be reimbursed by
   the Workers' Compensation Court for their necessary travel expenses
   incurred in the performance of their duties in accordance with the
   State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of
   the Oklahoma Statutes.
   
   E. Meetings of the Physician Advisory Committee shall be called by the
   Administrator but held at least quarterly. The presence of a simple
   majority of the members constitutes a quorum. No action shall be taken
   by the Physician Advisory Committee without the affirmative vote of at
   least a simple majority of the members.
   
   F. The Administrator shall provide office supplies and personnel of
   the Workers' Compensation Court to assist the Committee in the
   performance of its duties.
   
   G. Upon written request, the State Insurance Commissioner, the State
   Insurance Fund, and every approved self-insured employer in Oklahoma
   shall provide the Committee with data necessary to the performance of
   its duties.
   
   H. Any health care provider acting in good faith and within the scope
   of the provider's duties as a member of the Physician Advisory
   Committee shall be immune from civil liability for making any report
   or other information available to the judges of the Workers'
   Compensation Court or to the Administrator of the Workers'
   Compensation Court or for assisting in the origination, investigation,
   or preparation of the report or other information so provided.
   

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