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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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