2016 Oklahoma Statutes
Title 85. Workers' Compensation
§85-373. Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014.

NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, § 42 to read as follows:

A. There is hereby created a Physician Advisory Committee comprised of nine (9) members to be appointed as follows:

1. 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;

2. 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 orthopedic surgery, one of whom shall be licensed in this state either as a doctor of medicine or a doctor of osteopathy and a neurosurgeon, and one of whom shall be licensed in this state as a podiatric physician; and

3. 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 shall be engaged in the practice of occupational medicine, and one of whom shall be licensed in this state as a chiropractic physician.

The terms of members serving on the effective date of this act shall end on the effective date of this act. Thereafter, each position will be filled by the appointing official for a term of three (3) years. Members shall be subject to reappointment, with any new appointee to serve out the remainder of the unexpired term of the Committee member so replaced.

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 medical 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 with respect to charges of inappropriate or unnecessary treatment or procedures, abusive practices, or excessive billing disclosed through utilization review;

2. Assist the Administrator in reviewing medical practices of health care providers, including evaluations of permanent impairment provided by health care providers. 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";

4. After public hearing, review and make recommendations to the Administrator 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;

5. After public hearing, adopt Oklahoma Treatment Guidelines and protocols for medical treatment not addressed by the current edition of the Official Disability Guidelines or addressed but not recommended in the ODG section in regard to injuries to the cervical, thoracic, and lumbar spine. The Oklahoma Treatment Guidelines shall be adopted on or before March 1, 2012, and shall remain in full force and effect until superseded.

a.The OTG shall be based upon evidence based medicine and scientifically based and nationally peer reviewed literature and shall include treatment for the top fifteen (15) medically-recognized conditions (ICD-9 or successor codes).

b.When completed, the OTG shall be submitted to the Oklahoma Workers' Compensation Advisory Council for review. After due notice and public hearing, the Council shall issue a report to the Administrator concerning the OTG submitted. After due notice and public hearing, the Administrator shall adopt or reject the proposal submitted. The OTG shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate within ten (10) legislative days following adoption. The OTG submitted shall be subject to disapproval by joint or concurrent resolution of the Legislature during the legislative session in which submitted. If disapproved, the existing treatment guidelines shall continue in effect. If the Legislature takes no action on the OTG submitted by the Administrator, the OTG shall become operative thirty (30) days following the adjournment of the Legislature;

6. After public hearing, adopt Oklahoma Treatment Guidelines for the prescription and dispensing of any controlled substance included in Schedule II of the Uniform Controlled Dangerous Substances Act if not addressed by the current edition of the Official Disability Guidelines;

7. Review utilization on cases or of providers when requested by any employer, injured employee or insurer. The Committee may issue a public or private censure to any provider for utilization which is excessive or inadequate, or recommend the Court order treatment within the treatment guidelines;

8. Provide general recommendations to the judges of the Court on the issues of injury causation and apportionment;

9. Conduct educational seminars for the judges of the Court, employers, employees, and other interested parties;

10. Assist the judges of the Court in accessing medical information from scientific literature; and

11. Report its progress annually to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.

C. The Court shall be bound by treatment guidelines of the latest edition of the Official Disability Guidelines or the Oklahoma Treatment Guidelines.

D. Members of the Physician Advisory Committee shall receive no compensation for serving on the Committee but shall be reimbursed by the Court for their necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

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 Court to assist the Committee in the performance of its duties.

G. Upon written request, the Insurance Commissioner 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 Court or to the Administrator or for assisting in the origination, investigation, or preparation of the report or other information so provided.