2006 Oklahoma Code - Title 59. — Professions and Occupations
OKLAHOMA STATUTES
TITLE 59.
PROFESSIONS AND OCCUPATIONS
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§59-15.1. Short title - Declaration of policy.
Section 15.1 et seq. of this title shall be known and may be cited as the "Oklahoma Accountancy Act".
In order to protect the citizens of this state, the Legislature hereby declares that it is the policy of this state, and the purpose of this act, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so, that persons who have not demonstrated and maintained such qualifications, not be permitted to represent themselves as having such special competence or to offer such assurance, that the conduct of registrants as having special competence in accountancy be regulated in all aspects of their professional work, that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of registrants be established, and that the use of titles that have a capacity or tendency to deceive the public as to the status or competence of the persons using such titles be prohibited.
Added by Laws 1965, c. 188, § 1, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 1, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 1, eff. Sept. 1, 1992; Laws 2002, c. 312, § 1, eff. Nov. 1, 2002; Laws 2004, c. 125, § 1, eff. Nov. 1, 2004.
§59-15.1A. Definitions.
As used in the Oklahoma Accountancy Act:
1. "Accountancy" means the profession or practice of accounting;
2. "AICPA" means the American Institute of Certified Public Accountants;
3. "Applicant" means an individual or entity that has made application to the Board for a certificate, license, or permit or an individual who has made application to take the examination and said application has not been approved;
4. "Assurance" means independent professional services that improve the quality of information, or its context, for decision makers;
5. "Attest" means providing the following financial statement services:
a. any audit or other engagement to be performed in accordance with generally accepted auditing standards,
b. any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS), and
c. any report performed in accordance with the Statements on Standards for Attestation Engagements (SSAE).
The statements on standards specified in this definition shall be adopted by reference by the Board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations;
6. "Audit" can only be performed by an individual or entity who is registered with the Board and holding a valid permit issued pursuant to the Oklahoma Accountancy Act and means a systematic investigation or appraisal of information, procedures, or operations performed in accordance with generally accepted auditing standards in the United States, for the purpose of determining conformity with established criteria and communicating the results to interested parties;
7. "Board" means the Oklahoma Accountancy Board;
8. "Candidate" means an individual who has been qualified and approved by the Board to take an examination for a certificate or license;
9. "Certificate" means the Oklahoma document issued by the Board to a candidate upon successful completion of the certified public accountant examination designating the holder as a certified public accountant pursuant to the laws of Oklahoma. "Certificate" shall also mean the Oklahoma document issued by reciprocity to an individual who has previously been certified in another jurisdiction;
10. "Certified public accountant" means any person who has received a certificate from the Board or other jurisdictions;
11. "Client" means the individual or entity which retains a registrant to perform professional services;
12. "Compilation" when used with reference to financial statements, means presenting information in the form of financial statements which is the representation of management or owners without undertaking to express any assurance on the statements;
13. "CPA" or "C.P.A." means certified public accountant;
14. "Designated manager" means the individual domiciled in Oklahoma and appointed by the firm partners or shareholders to be responsible for the administration of the office;
15. "Designee" means the National Association of State Boards of Accountancy (NASBA), American Institute of Certified Public Accountants (AICPA) or other professional bodies approved as acceptable to the Board to provide a qualification appraisal in determining whether any jurisdiction's qualifications for certificate or license are substantially equivalent to Oklahoma's requirements;
16. "Entity" means an organization whether for profit or not, recognized by the State of Oklahoma to conduct business;
17. "Examination" means the test administered, supervised, and graded by, or at the direction of, the Board or other jurisdiction that is required for a certificate as a certified public accountant or a license as a public accountant;
18. "Executive director" means the chief administrative officer of the Board;
19. "Financial statements" means statements and footnotes related thereto that undertake to present an actual or anticipated financial position as of a point in time, or results of operations, cash flow, or changes in financial position for a period of time, in conformity with generally accepted accounting principles or another comprehensive basis of accounting. The term does not include incidental financial data included in management advisory service reports to support recommendations to a client; nor does it include tax returns and supporting schedules;
20. "Firm" means an entity that is either a sole proprietorship, partnership, professional limited liability company, professional limited liability partnership, limited liability partnership or professional corporation, or any other professional form of organization recognized by the State of Oklahoma and issued a permit in accordance with Section 15.15A of this title, including individual partners or shareholders, that is engaged in accountancy;
21. "Holding out" means any representation by an individual that he or she holds a certificate or license and a valid permit, or by an entity that it holds a valid permit. Any such representation is presumed to invite the public to rely upon the professional skills implied by the certificate or license and valid permit in connection with the services or products offered;
22. "Individual" means a human being;
23. "Jurisdiction" means any state or territory of the United States and the District of Columbia;
24. "License" means the Oklahoma document issued by the Board to a candidate upon successful completion of the public accountant examination designating the holder as a public accountant pursuant to the laws of Oklahoma. "License" shall also mean the Oklahoma document issued by the Board by reciprocity to a public accountant who has previously been licensed by examination in another jurisdiction;
25. "Management advisory services", also known as "management consulting services", "management services", "business advisory services" or other similar designation, hereinafter collectively referred to as "MAS", means the function of providing advice and/or technical assistance, performed in accordance with standards for MAS engagements and MAS consultations such as those issued by the American Institute of Certified Public Accountants, where the primary purpose is to help the client improve the use of its capabilities and resources to achieve its objectives including but not limited to:
a. counseling management in analysis, planning, organizing, operating, risk management and controlling functions,
b. conducting special studies, preparing recommendations, proposing plans and programs, and providing advice and technical assistance in their implementation,
c. reviewing and suggesting improvement of policies, procedures, systems, methods, and organization relationships, and
d. introducing new ideas, concepts, and methods to management.
MAS shall not include recommendations and comments prepared as a direct result of observations made while performing an audit, review, or compilation of financial statements or while providing tax services, including tax consultations;
26. "NASBA" means the National Association of State Boards of Accountancy;
27. "PA" or "P.A." means public accountant;
28. "Partnership" means a contractual relationship based upon a written, oral, or implied agreement between two or more individuals who combine their resources and activities in a joint enterprise and share in varying degrees and by specific agreement in the management and in the profits or losses. A partnership may be general or limited as the laws of this state define those terms;
29. "Peer Review" means a review performed pursuant to a set of peer review rules established by the Board. The term "peer review" also encompasses the term "quality review";
30. "Permit" means the written authority granted annually by the Board to individuals or firms to practice public accounting in Oklahoma, which is issued pursuant to the Oklahoma Accountancy Act;
31. a. "Practice of public accounting", also known as "practice public accounting", "practice" and "practice accounting", refers to the activities of a registrant in reference to accountancy. An individual or firm shall be deemed to be engaged in the practice of public accounting if the individual or firm holds itself out to the public in any manner as one skilled in the knowledge, science, and practice of accounting and auditing, taxation and management advisory services and is qualified to render such professional services as a certified public accountant or public accountant, and performs the following:
(1) maintains an office for the transaction of business as a certified public accountant or public accountant,
(2) offers to prospective clients to perform or who does perform on behalf of clients professional services that involve or require an audit, verification, investigation, certification, presentation, or review of financial transactions and accounting records or an attestation concerning any other written assertion,
(3) prepares or certifies for clients reports on audits or investigations of books or records of account, balance sheets, and other financial, accounting and related schedules, exhibits, statements, or reports which are to be used for publication or for the purpose of obtaining credit, or for filing with a court of law or with any governmental agency, or for any other purpose,
(4) generally or incidentally to the work described herein, renders professional services to clients in any or all matters relating to accounting procedure and to the recording, presentation, or certification of financial information or data,
(5) keeps books, or prepares trial balances, financial statements, or reports, all as a part of bookkeeping services for clients,
(6) prepares or signs as the tax preparer, tax returns for clients, consults with clients on tax matters, conducts studies for clients on tax matters and prepares reports for clients on tax matters, unless the services are uncompensated and are limited solely to the registrant's, or the registrant's spouse's lineal and collateral heirs,
(7) prepares personal financial or investment plans or provides to clients products or services of others in implementation of personal financial or investment plans, or
(8) provides management advisory services to clients.
b. An individual or firm not holding a certificate, license or permit shall not be deemed to be engaged in the practice of public accounting if the individual or firm does not hold itself out, solicit, or advertise for clients using the certified public accountant or public accountant designation and engages only in the following services:
(1) keeps books, or prepares trial balances, financial statements, or reports, provided such instruments do not use the terms "audit", "audited", "exam", "examined", "review" or "reviewed" or are not exhibited as having been prepared by a certified public accountant or public accountant. Nonregistrants may use the following disclaimer language in connection with financial statements to not be in violation of the Oklahoma Accountancy Act: "I (we) have not audited, examined or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.",
(2) prepares or signs as the tax preparer, tax returns for clients, consults with clients on tax matters, conducts studies for clients on tax matters and prepares reports for clients on tax matters,
(3) prepares personal financial or investment plans or provides to clients products or services of others in implementation of personal financial or investment plans, or
(4) provides management advisory services to clients.
c. Only permit holders may render or offer to render any attest service, as defined herein, or issue a report on financial statements which purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). This restriction shall not prohibit any act of a public official or public employee in the performance of that person's duties. This restriction shall not be construed to prohibit the performance by any unlicensed individual of other services as set out in subparagraph b of this paragraph,
d. A person is not deemed to be practicing public accounting within the meaning of this section solely by displaying a CPA certificate or a PA license in an office, identifying himself or herself as a CPA or PA on letterhead or business cards, or identifying himself or herself as a CPA or PA. However, the designation of CPA or PA on such letterheads, business cards, public signs, advertisements, publications directed to clients or potential clients, or financial or tax documents of a client constitutes the practice of public accounting and requires a permit;
32. "Principal place of business" means that physical location identified by an individual to another jurisdiction's accountancy regulatory agency where substantial administrative or management activities are conducted. For purposes of substantial equivalency, the physical location cannot be in this state.
33. "Professional corporation" means a corporation organized pursuant to the laws of this state;
34. "Professional" means arising out of or related to the specialized knowledge or skills associated with CPAs or PAs;
35. "Public accountant" means any individual who has received a license from the Board;
36. "Public interest" means the collective well-being of the community of people and institutions the profession serves;
37. "Registrant" means a CPA, PA, or firm composed of certified public accountants or public accountants or combination of both currently registered with the Board pursuant to the authority of the Oklahoma Accountancy Act;
38. "Report", when used with reference to financial statements, or specified elements, accounts or items of a financial statement, means an opinion, report or other form of language that states or implies assurance as to the reliability of any financial statements, or specified elements, accounts or items of a financial statement, and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term "report" includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the financial statements referred to and/or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence. This definition is not intended to include a report on financial statements prepared by a person not holding a certificate or license. However, such report shall not refer to "audit", "audited", "exam", "examined", "review" or "reviewed", nor use the language "in accordance with standards established by the American Institute of Certified Public Accountants" or successor of said entity, or governmental agency approved by the Board, except for the Internal Revenue Service. Nonregistrants may use the following disclaimer language in connection with financial statements to not be in violation of the Oklahoma Accountancy Act: "I (we) have not audited, examined, or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.";
39. "Representation" means any oral or written communication including but not limited to the use of title or legends on letterheads, business cards, office doors, advertisements, and listings conveying the fact that an individual or entity holds a certificate, license or permit;
40. "Review", when used with reference to financial statements, means a registrant performing inquiry and analytical procedures that provide the registrant with a reasonable basis for expressing limited assurance that there are no material modifications that should be made to the statements in order for them to be in conformity with generally accepted accounting principles or if applicable, with another comprehensive basis of accounting; and
41. "Substantial equivalency" is a determination by the Oklahoma Accountancy Board or its designee that:
a. the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed, the education, examination and experience requirements contained in the Oklahoma Accountancy Act and rules of the Board, or
b. that an individual certified public accountant's or public accountant's education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in the Oklahoma Accountancy Act and rules of the Board.
Added by Laws 1992, c. 272, § 2, eff. Sept. 1, 1992. Amended by Laws 1994, c. 293, § 15, eff. July 1, 1994; Laws 2002, c. 312, § 2, eff. Nov. 1, 2002; Laws 2004, c. 125, § 2, eff. Nov. 1, 2004.
§59-15.2. Oklahoma Accountancy Board - Membership - Qualifications - Terms.
A. There is hereby re-created, to continue until July 1, 2010, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Accountancy Board. The Oklahoma Accountancy Board shall have the responsibility for administering and enforcing the Oklahoma Accountancy Act. The Oklahoma Accountancy Board shall be composed of seven (7) members, who shall have professional or practical experience in the use of accounting services and financial matters, so as to be qualified to make judgments about the qualifications and conduct of persons and firms subject to regulation under this act to be appointed by the Governor and confirmed by the Senate. The number of registrant members shall not be more than six, not including a firm, who shall serve terms of five (5) years. No member who has served two successive complete terms shall be eligible for reappointment, but an appointment to fill an unexpired term shall not be considered a complete term for this purpose. The public member shall serve coterminously with the Governor appointing the public member.
B. One member shall be a public accountant licensed and holding a permit pursuant to the provisions of the Oklahoma Accountancy Act. A list of qualified persons shall be compiled and submitted to the Governor by the Oklahoma Society of Public Accountants from time to time as appointment of the public accountant Board member is required to be made. A list of three names shall be submitted for each single appointment from which the Governor may make the appointment.
C. Five members shall be certified public accountants holding certificates and four shall hold permits issued pursuant to the provisions of the Oklahoma Accountancy Act, at least four of whom shall have been engaged in the practice of public accounting as a certified public accountant continuously for not less than five (5) out of the last fifteen (15) years immediately preceding their appointments. A list of qualified persons shall be compiled and submitted to the Governor by the Oklahoma Society of Certified Public Accountants from time to time as appointments of the certified public accountant Board members are required. A list of three names shall be submitted for each single appointment from which the Governor may make the appointment.
D. One member shall be a public member who is not a certified public accountant or licensed public accountant. The public member shall be appointed by the Governor to a term coterminous with the Governor. The public member shall serve at the pleasure of the Governor.
E. Upon the expiration of the term of office, a member shall continue to serve until a qualified successor has been appointed. Confirmation by the Senate is required during the next regular session of the Oklahoma Senate for the member to continue to serve.
Added by Laws 1965, c. 188, § 2, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 2, emerg. eff. April 30, 1968; Laws 1980, c. 274, § 1, eff. July 1, 1980; Laws 1986, c. 79, § 1, eff. July 1, 1986; Laws 1992, c. 272, § 3, eff. Sept. 1, 1992; Laws 1998, c. 38, § 1; Laws 2004, c. 125, § 3, eff. Nov. 1, 2004; Laws 2005, c. 1, § 85, emerg. eff. March 15, 2005.
NOTE: Laws 1992, c. 10, § 1 repealed by Laws 1992, c. 343, § 4, emerg. eff. July 1, 1992. Laws 2004, c. 27, § 1 repealed by Laws 2005, c. 1, § 86, emerg. eff. March 15, 2005.
§59-15.3. Vacancies - Disqualification - Removal.
A. Vacancies on the Board due to death, resignation, or removal as defined in subsections C and D of this section occurring during a term shall be filled by the Governor for the unexpired portion of said term in a manner as provided for appointments to the Board. Members filling the remainder of a term of a member who has died, resigned, or been removed shall assume office immediately upon appointment by the Governor and shall serve until confirmation or denial of confirmation by the Senate.
B. A member of the Board shall become disqualified from serving if that member:
1. Is a registrant member whose certificate, license, or permit pursuant to the laws of this state has become void or has been revoked or suspended;
2. Is a registrant member or public member who has moved from this state;
3. Has been convicted, pled guilty or nolo contendere to a felony pursuant to the laws of the United States or any jurisdiction;
4. Has become medically incapacitated as determined in writing by a medical doctor upon request by the Board; or
5. Has been absent from three meetings, or is absent for more than one-half (1/2) the number of minutes for which a meeting is conducted of three meetings as determined by the Board during any twelve-month period, unless such absence is determined to be unavoidable in the opinion of a majority of the remaining members.
C. Removal pursuant to the provisions of this section shall be accomplished by a majority vote of the remaining members. Upon said vote, a written notification shall be sent to the Governor setting out the dates of absences or other grounds for removal and the fact of the disqualification of the member. Upon receipt of the written notification, the Governor shall appoint another member in the manner provided for appointments to the Board.
D. The Governor may, after a hearing conducted in accordance with the provisions of the Administrative Procedures Act, remove any member of the Board for misconduct regarding responsibilities and duties of the member, incompetence, or neglect of duty. Removal pursuant to the provisions of this subsection shall occur upon the Governor filing a written statement of findings after the hearing as to the reasons and basis for removal of the member with the Secretary of the Board.
Laws 1965, c. 188, § 3, emerg. eff. June 8, 1965; Laws 1980, c. 274, § 2, eff. July 1, 1980; Laws 1986, c. 79, § 3, eff. July 1, 1986; Laws 1992, c. 272, § 4, eff. Sept. 1, 1992; Laws 2004, c. 125, § 4, eff. Nov. 1, 2004.
§59-15.4. Officers - Meetings - Duties.
A. The Oklahoma Accountancy Board shall elect from its membership a chair, a vice-chair and a secretary. The officers of the Board shall be elected each May, to take office on July 1 following the election, and shall hold office for a term of one (1) year.
B. The chair shall preside at all meetings of the Board, call special meetings of the Board as are necessary, sign all certificates and licenses and perform such other duties as the Board shall direct.
C. The vice-chair shall exercise the powers of and perform the duties of the chair in the absence or disability of the chair, and perform such other duties as the Board shall direct.
D. The secretary shall preside at any meeting in the absence of the chair and vice-chair, validate minutes of all of the meetings of the Board, in the manner prescribed in the rules of the Board, supervise the maintenance of the records of the Board, including the register of individuals and firms authorized to practice public accounting in this state, and a record of all examination grades. The secretary shall perform such other duties as the Board shall direct.
E. At any regular or special meeting at which none of the officers are in attendance, the members of the Board in attendance shall elect a member to preside at that meeting.
Added by Laws 1965, c. 188, § 4, emerg. eff. June 8, 1965. Amended by Laws 1992, c. 272, § 5, eff. Sept. 1, 1992; Laws 2002, c. 312, § 3, eff. Nov. 1, 2002.
§59-15.5. Quorum - Seal - Records - Staff - Expenditures - Rules and regulations.
A. The Oklahoma Accountancy Board shall be responsible for the administration and enforcement of the Oklahoma Accountancy Act. A majority of the Board shall constitute a quorum for the transaction of business.
B. In addition to the other duties imposed on the Board by law, the Board shall:
1. Have a seal that shall be judicially noticed and shall be affixed to all certificates and licenses, and such other documents as the Board deems appropriate;
2. Keep correct records of all official proceedings including minutes of meetings, applications and related documents of applicants, registry of the names and addresses of registrants, official documents filed in any hearings conducted by the Board and in any proceeding in any court arising out of any provision of the Oklahoma Accountancy Act or the rules and regulations adopted by the Board. Copies of said records certified by the secretary under the seal of the Board shall, if material, be admissible in evidence;
3. Employ such executive staff as may be necessary to implement and administer the Oklahoma Accountancy Act, to fix and pay their salaries or fees. Such executive staff shall include an Executive Director, Deputy Director and legal counsel. The Board shall have the authority to employ other staff and contract with or hire special prosecutors, investigators, expert witnesses, hearing examiners and clerical personnel in furtherance of its duties under the Oklahoma Accountancy Act;
4. Lease office space and pay the rent thereon, purchase office equipment and supplies, and make such other expenditures as are necessary for the administration and enforcement of the provisions of the Oklahoma Accountancy Act;
5. Pay the costs of such research programs in accounting and other subjects as in the determination of the Board would be beneficial to registrants; and
6. Adopt rules and regulations for the implementation of the provisions of the Oklahoma Accountancy Act in accordance with the procedures prescribed in the Administrative Procedures Act.
Laws 1965, c. 188, § 5, emerg. eff. June 8, 1965; Laws 1968, c. 271, § 3, emerg. eff. April 30, 1968; Laws 1986, c. 79, § 4, eff. July 1, 1986; Laws 1992, c. 272, § 6, eff. Sept. 1, 1992; Laws 2004, c. 125, § 5, eff. Nov. 1, 2004.
§59-15.6A. Confidentiality of investigations - Use as evidence.
A. The Oklahoma Accountancy Board, its employees, independent contractors, appointed committee members or other agents shall keep confidential all information obtained during an investigation into allegations of violations of the Oklahoma Accountancy Act, including any review or investigation made to determine whether to allow an applicant to take an examination, or whether the Board shall grant a certificate, license, or permit. All information obtained in the course of conducting a peer review, including peer review reports provided to the Board by a registrant, examinations and test scores shall also be held confidential by the Board, its employees and independent contractors.
B. To ensure the confidentiality of such information for the protection of the affected individual or entity, the information obtained shall not be deemed to be a "record" as that term is defined in the Oklahoma Open Records Act.
C. Rules adopted to implement the provisions of this subsection shall assure the privacy of the information obtained. Such rules shall include but not be limited to:
1. Assuring availability of the information for inspection by the individual or entity affected or their designated representatives during the normal business hours of the Board;
2. A method for obtaining a written release for the affected individual or entity to allow inspection of their confidential records to the public at large; and
3. A method for making available to the public all final written orders of the Board concerning an individual or entity.
D. Information obtained by the Board or any of its agents as set out in subsection A of this section shall be considered competent evidence in a court of competent jurisdiction only in matters directly related to actions of the Board and the affected individual or entity as a result of the Board obtaining the information. Such information shall not be admissible as evidence in any other type of civil or criminal action.
Added by Laws 1992, c. 272, § 7, eff. Sept. 1, 1992. Amended by Laws 2002, c. 312, § 4, eff. Nov. 1, 2002; Laws 2004, c. 125, § 6, eff. Nov. 1, 2004.
§59-15.7. Disbursement of fees and monies.
All fees and other monies except the fines as provided in Section 15.24 of this title received by the Board pursuant to the provisions of the Oklahoma Accountancy Act shall be expended solely for effectuating the purposes of the Oklahoma Accountancy Act and shall be deposited to the credit of the Board with the Oklahoma State Treasurer. After the close of each fiscal year the Board shall file with the Governor a report of all fees charged, collected and received and all disbursements during the previous fiscal year. The Board shall pay into the General Revenue Fund of the state ten percent (10%) of all annual registration fees so charged, collected and received, and no other portion shall ever revert to the General Revenue Fund or any other fund of the state.
All salaries, fees, and other expenses incurred by the Board in the performance of the duties imposed by the provisions of the Oklahoma Accountancy Act shall be paid from the Board's Revolving Fund and none of said expenses shall be a charge against the general funds of this state.
Laws 1965, c. 188, § 7, emerg. eff. June 8, 1965; Laws 1992, c. 272, § 8, eff. Sept. 1, 1992; Laws 2004, c. 125, § 7, eff. Nov. 1, 2004.
§59-15.8. Application to take examination - Form - Fees - Qualifications.
A. An applicant for the examination shall file an application for qualification on a form to be approved by the Board. The fee for the qualification application shall be determined by the Board and shall not exceed Three Hundred Dollars ($300.00). Every applicant for the examination for the certificate of certified public accountant or license of public accountant must be of good moral character, must be a resident of this state immediately prior to making application and, except as otherwise provided in this section, shall meet the education and experience requirements provided in this section.
B. On or after July 1, 1999, every applicant for the license of public accountant shall have graduated from an accredited four-year college or university with a major in accounting or with a nonaccounting major supplemented by what the Oklahoma Accountancy Board determines to be the equivalent of an accounting major of any four-year college or university in this state or any other four-year college or university recognized by the Board. Such major in accounting or nonaccounting major shall include satisfactory completion of forty-eight (48) semester hours, or the equivalent thereof, in accounting and related subjects. At least thirty (30) semester hours, or the equivalent thereof, of said forty-eight (48) semester hours, shall be in accounting courses, at least one of which shall be in auditing. The remainder of said forty-eight (48) semester hours, or the equivalent thereof, shall be in said related subjects, which shall be in any or all of the subjects of economics, statistics, business law, finance, business management, marketing, business communication, financial information systems or computer science or the equivalent of such subjects as determined by the Board.
C. On or after July 1, 2003, every applicant for examination for the certificate of certified public accountant shall have at least one hundred fifty (150) semester hours, or the equivalent thereof, of college education including a baccalaureate or higher degree conferred by a college or university acceptable to the Board from an accredited four-year college or university in this state or any other accredited four-year college or university recognized by the Board. A minimum of seventy-six (76) semester hours must be earned at the upper-division level of college or above or the equivalent thereof as determined by the Board; this education requirement shall have been completed prior to submitting an application to the Board; the total educational program of the applicant for examination shall include an accounting concentration or its equivalent as determined acceptable by the Board which shall include not less than thirty (30) semester hours, or the equivalent thereof, in accounting courses above principles of accounting or introductory accounting, with at least one course in auditing or assurance; the remaining accounting courses shall be selected from financial accounting, accounting theory, cost/managerial accounting, federal income tax, governmental, not for profit accounting, accounting information systems, accounting history and other accounting electives; at least nine (9) semester hours shall be from any or all of the subjects of economics, statistics, business law, finance, business management, marketing, business communication, risk management, insurance, management information systems or computer science at the upper-division level of college or above or the equivalent of such subjects as determined by the Board; all the remaining semester hours, if any, shall be elective but shall be at the upper-division level of college or above.
Added by Laws 1965, c. 188, § 8, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 5, emerg. eff. April 30, 1968; Laws 1986, c. 79, § 5, eff. July 1, 1986; Laws 1992, c. 272, § 9, eff. Sept. 1, 1992; Laws 1998, c. 52, § 1, eff. Nov. 1, 1998; Laws 2002, c. 312, § 5, eff. Nov. 1, 2002; Laws 2004, c. 125, § 8, eff. Nov. 1, 2004.
§59-15.9. Issuance of certificates.
A. Upon payment of appropriate fees, the Oklahoma Accountancy Board shall grant a certificate or license to any individual of good character who meets the applicable education, experience and testing requirements provided for in this section and in Sections 15.8 and 15.10 of this title. For purposes of this subsection, good character means an individual who does not have a history of dishonest acts as demonstrated by documented evidence and has not been convicted, pled guilty, or pled nolo contendere to a felony charge. The Board may refuse to grant a certificate or license to an applicant for failure to satisfy the requirement of good character. The Board shall provide to the denied applicant written notification specifying grounds for denial of a certificate or license including failure to meet the good character criterion. Appeal of the action of the Board may be made in accordance with the provisions of the Administrative Procedures Act.
B. The Board shall issue certificates as certified public accountants to those applicants who have met the qualifications required by the provisions of the Oklahoma Accountancy Act and the applicable rules of the Board, and have passed an examination in accounting, auditing and related subjects as the Board determines appropriate with such grades that satisfy the Board that each applicant is competent to practice as a certified public accountant.
C. The Board shall, upon request, issue licenses as public accountants only to those applicants who shall have qualified and complied with the provisions of this act and the rules of the Board, and shall have passed an examination in accounting, auditing, and other related subjects not to exceed seventy-five percent (75%) of the CPA Examination subjects with such grades that satisfy the Board that each applicant is competent to practice as a public accountant. The subjects examined shall be covered by the same examination, and grading thereon for passing, as those used by the Board to test candidates for the certified public accountant's certificate.
D. An applicant for initial issuance of a certificate or license under this section shall show that the applicant has had one (1) year of experience. Experience shall be defined by the Board by rule and shall include providing a type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, and be satisfied through work experience in government, industry, academia or public practice, all of which shall be verified by a certificate or license holder or an individual approved by the Board. Upon completion of the requirements of Section 15.8 of this title, a qualified applicant for the examination may take the certified public accountant or public accountant examination prior to earning the experience required in this subsection, but shall not be issued a certificate until the experience requirement has been met.
E. On or after July 1, 2005, every applicant for the certificate of certified public accountant or license of public accountant shall provide evidence of successful completion of an ethics examination prescribed by the Board.
F. The Board may make use of all or any part of the Uniform Certified Public Accountant's Examination and any organization that assists in providing this examination.
Added by Laws 1965, c. 188, § 9, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 6, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 10, eff. Sept. 1, 1992; Laws 2002, c. 312, § 6, eff. July 1, 2003; Laws 2004, c. 125, § 9, eff. Nov. 1, 2004.
§59-15.10. Examinations.
A. The Board shall provide an examination for candidates to obtain a certificate or license as accountants at least once each year. Additional examinations may be held at such times and places as the Board may deem advisable.
B. Each candidate allowed to sit at the examination shall file a written application on a form prescribed by the Board.
C. In addition to the requirement of confidentiality of examination results, the Board shall take such action as necessary to assure the confidentiality of the examination prior to their being administered to candidates.
Laws 1965, c. 188, § 10; Laws 1968, c. 271, § 7, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 11, eff. Sept. 1, 1992; Laws 2004, c. 125, § 10, eff. Nov. 1, 2004.
§59-15.10A. Examination and test fees.
Each candidate shall pay fees, to be determined by the Board, not to exceed One Thousand Dollars ($1,000.00) for each examination.
An application fee, payable to the Board, shall be paid by the candidate at the time the application for the examination is filed. The application fee shall not be refunded unless the Board determines that the candidate is unqualified to sit for the examination or for such other good causes as determined by the Board on a case-by-case basis. Also, each candidate shall pay test fees to the organizations designated by the Board to provide a computer-based examination. In no event shall the total fees paid by a candidate for each examination exceed One Thousand Dollars ($1,000.00).
Laws 1965, c. 188, § 18, emerg. eff. June 8, 1965; Laws 1982, c. 160, § 1, eff. July 1, 1982; Laws 1992, c. 272, § 12, eff. Sept. 1, 1992. Renumbered from § 15.18 by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992; Laws 2004, c. 125, § 11, eff. Nov. 1, 2004.
§59-15.11. Use of titles or abbreviations.
A. No individual, other than as described in subparagraph d of paragraph 31 of Section 15.1A of this title, shall assume or use the title or designation "Certified Public Accountant" or the abbreviation "C.P.A." or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate or represent that such individual is a certified public accountant, unless such individual has received a certificate as a certified public accountant and holds a valid permit issued pursuant to the provisions of the Oklahoma Accountancy Act. All offices in this state for the practice of public accounting by such individual shall be maintained and registered as required by the Oklahoma Accountancy Act.
B. No entity shall assume or use the title or designation "Certified Public Accountant" or the abbreviation "C.P.A." or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate or represent that such entity is composed of certified public accountants unless such entity is registered as a firm of certified public accountants and holds a valid permit issued pursuant to the provisions of the Oklahoma Accountancy Act. All offices in this state for the practice of public accounting by such entity shall be maintained and registered as required by the Oklahoma Accountancy Act.
C. No individual, other than as described in subparagraph d of paragraph 31 of Section 15.1A of this title, shall assume or use the title or designation "Public Accountant" or the abbreviation "P.A." or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate or represent that such individual is a public accountant, unless such individual is licensed as a public accountant, or is a certified public accountant and holds a valid permit issued pursuant to the provisions of the Oklahoma Accountancy Act. All offices in this state for the practice of public accounting by such individual shall be maintained and registered as required by the Oklahoma Accountancy Act.
D. No entity shall assume or use the title or designation "Public Accountant" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate or represent that such entity is composed of public accountants, unless such entity is registered as a firm of public accountants and holds a valid permit issued pursuant to the provisions of the Oklahoma Accountancy Act. All offices in this state for the practice of public accounting by such entity shall be maintained and registered as required by the Oklahoma Accountancy Act.
E. No individual or entity shall assume or use the title or designation "Certified Accountant", "Chartered Accountant", "Enrolled Accountant", "Licensed Accountant", "Registered Accountant" or any other title or designation which could be confused with "Certified Public Accountant" or "Public Accountant", or any of the abbreviations "CA", "EA", except as it relates to the term "enrolled agent" as defined by the Internal Revenue Service, "RA", or "LA", or similar abbreviations which could be confused with "CPA" or "PA"; provided, however, that anyone who holds a valid permit and whose offices in this state for the practice of public accounting are maintained and registered as required by the Oklahoma Accountancy Act may hold oneself out to the public as an "Accountant" or "Auditor".
F. No individual or entity not holding a valid permit shall hold oneself or itself out to the public as an "Accountant" or "Auditor" by use of either or both of such words on any sign, card, letterhead, or in any advertisement or directory, without specifically indicating that such individual or entity does not hold such a permit. The provisions of this subsection shall not be construed to prohibit any officer, employee, partner or principal of any entity from describing oneself by the position, title or office one holds in such organization; nor shall this subsection prohibit any act of public official or public employee in the performance of the duties as such.
G. Any individual or entity who is registered with the Board but does not hold a valid permit issued pursuant to the Oklahoma Accountancy Act may not issue a report on financial statements of any other person, firm, organization recognized by the State of Oklahoma, or governmental unit. This prohibition does not apply to an officer, partner, or employee of any firm or organization affixing a signature to any statement or report in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that is held therein; nor prohibit any act of a public official or employee in the performance of the duties as such.
Laws 1965, c. 188, § 11; Laws 1968, c. 271, § 8, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 13, eff. Sept. 1, 1992; Laws 2004, c. 125, § 12, eff. Nov. 1, 2004.
§59-15.12. Employees and assistants without certification or permit.
An individual who is not a certified public accountant or public accountant in any jurisdiction may serve as an employee of a firm composed of certified public accountants or public accountants holding a valid permit provided that such employee or assistant shall not issue any accounting or financial statements over the employee's or assistant's name.
Added by Laws 1965, c. 188, § 12, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 9, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 14, eff. Sept. 1, 1992; Laws 2002, c. 312, § 7, eff. Nov. 1, 2002; Laws 2004, c. 125, § 13, eff. Nov. 1, 2004.
§59-15.12A. Holders of certificate or license from another state - Consent to jurisdiction - State licensees practicing in another state.
A. 1. An individual whose principal place of business is not in this state, having a valid certificate or license from any jurisdiction which the Oklahoma Accountancy Board or its designee has verified to be substantially equivalent to the Certified Public Accountant and Public Accountant licensure requirements of this title, shall be presumed to have qualifications substantially equivalent to this state's requirements and shall have all the privileges, including responsibilities and obligations, of certificate and license holders of this state without the need to obtain a certificate, license or permit required under Sections 15.9 and 15.13 of this title. However, an individual shall notify the Board of the individual's intent to practice in the state under this provision. Notification shall be waived to a certificate or license holder of another jurisdiction exercising the privilege afforded under this section by that jurisdiction to an Oklahoma certificate or license holder for the equivalent privilege to practice in that jurisdiction.
2. An individual whose principal place of business is not in this state, having a valid certificate or license from any jurisdiction which the Board or its designee has not verified to be substantially equivalent to the CPA and PA licensure requirements of this title, shall be presumed to have qualifications substantially equivalent to this state's requirements and shall have all the privileges, including responsibilities and obligations, of certificate and license holders of this state without the need to obtain a certificate, license or permit required under Sections 15.9 and 15.13 of this title, if such individual obtains from the Board or its designee verification that such individual's CPA or PA qualifications are substantially equivalent to the CPA or PA licensure requirements of this title. However, such individuals shall notify the Board of their intent to practice in the state under this provision. Notification shall be waived to a certificate or license holder of another jurisdiction exercising the privilege afforded under this section by that jurisdiction to an Oklahoma certificate or license holder for the equivalent privilege to practice in that jurisdiction.
3. Any certificate or license holder of another jurisdiction exercising the privilege afforded under this section hereby consents, as a condition of the granting of this privilege:
a. to the personal and subject matter jurisdiction and disciplinary authority of the Board,
b. to comply with the Oklahoma Accountancy Act and the Board's rules, and
c. to the appointment of the state board which issued the individual's license as the individual's agent upon whom process may be served in any action or proceeding by the Board against the certificate or license holder.
4. The Oklahoma Accountancy Board shall charge a fee to a certificate or license holder of another jurisdiction exercising the privilege afforded under this section in an amount equal to the fees charged by that jurisdiction to an Oklahoma certificate or license holder for the equivalent privilege to practice in that jurisdiction.
B. A registrant of this state offering or rendering services or using the registrant's CPA or PA title in another jurisdiction shall be subject to disciplinary action in this state for an act committed in another jurisdiction which would subject the certificate or license holder to discipline in that jurisdiction. The Board shall be required to investigate any complaint made by the board of accountancy of another jurisdiction.
Added by Laws 2002, c. 312, § 8, eff. Nov. 1, 2002. Amended by Laws 2004, c. 125, § 14, eff. Nov. 1, 2004.
§59-15.13. Issuance of certificate or license to applicant authorized to practice in other jurisdiction - Reciprocity.
A. The Oklahoma Accountancy Board may issue a certificate or license to an applicant who has been authorized to practice public accounting as a certified public accountant or public accountant pursuant to the laws of any jurisdiction if the applicant passed a test administered for the purpose of authorizing an individual to practice as a certified public accountant or public accountant with grades which were equivalent to passing a test for the same purpose in this state as of the date the applicant originally passed the examination, and said applicant:
1. Meets the requirements for issuance of a certificate or license in this state on the date of making application;
2. Met, on the date the certificate or license was issued by the other jurisdiction, the requirements in effect on that date for issuance of a certificate or license in this state; or
3. Met on the date of becoming a candidate in another jurisdiction, the requirements of becoming a candidate in the State of Oklahoma, except for residency.
B. In the event an applicant does not meet the requirements of subsection A of this section, but has passed a test administered for the purpose of authorizing an individual to practice as a certified public accountant or public accountant with grades which were equivalent to passing a test for the same purpose in this state on the date the applicant passed the examination, the Board may issue a certificate or license to an applicant if such applicant has four (4) years of experience practicing public accounting as a certified public accountant or public accountant pursuant to the laws of any jurisdiction. Such experience must have occurred within the ten (10) years immediately preceding the application. Experience acceptable to satisfy the requirements of this subsection shall be determined by standards established by the Board.
C. An applicant who is seeking a permit to practice under this section must also provide satisfactory documentation to the Board that such applicant has met the continuing professional education requirements, as provided in Section 15.35 of this title, in effect on the date of the application.
D. The Board may issue a certificate or license by reciprocity to the extent required by treaties entered into by the government of the United States.
E. A fee in the amount equal to the registration fee and permit fee, if applicable, plus an administrative fee, the total of which shall not exceed Three Hundred Dollars ($300.00), shall be paid by an applicant seeking a certificate or license pursuant to the provisions of this section. The total amount shall be established by Board rule.
F. On or after July 1, 2005, an applicant for the certificate of certified public accountant or license of public accountant under this section shall provide evidence of successful completion of an ethics examination prescribed by the Board.
Added by Laws 1965, c. 188, § 13, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 10, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 15, eff. Sept. 1, 1992; Laws 2002, c. 312, § 9, eff. Nov. 1, 2002; Laws 2004, c. 125, § 15, eff. Nov. 1, 2004.
§59-15.13A. Issuance of certificate or license to applicant authorized to practice in foreign country - Reciprocity.
A. The Board shall issue a certificate to a holder of a substantially equivalent designation issued by a foreign country, provided that:
1. The foreign authority which granted the designation makes similar provision to allow a registrant who holds a valid certificate issued by this state to obtain such foreign authority's comparable designation;
2. The designation:
a. was duly issued by an authority of a foreign country which regulates the practice of public accounting and has not expired or been revoked or suspended,
b. entitles the holder to issue reports upon financial statements, and
c. was issued upon the basis of substantially equivalent educational, examination and experience requirements established by the foreign authority or by law; and
3. The applicant:
a. received the designation based on educational and examination standards substantially equivalent to those in effect in this state at the time the foreign designation was granted,
b. completed an experience requirement substantially equivalent to the requirement set out under this act in the foreign country which granted the foreign designation or has completed four (4) years of professional experience in this state, or meets equivalent requirements prescribed by the Board by rule within the ten (10) years immediately preceding the application,
c. passed a uniform qualifying examination in national standards acceptable to the Board, and
d. is of good character.
B. An applicant under subsection A of this section shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accounting, and each holder of a certificate issued under this subsection shall notify the Board in writing, within thirty (30) days after its occurrence, of any issuance, denial, revocation or suspension of a designation or commencement of disciplinary or enforcement action by any jurisdiction.
Added by Laws 2004, c. 125, § 16, eff. Nov. 1, 2004.
§59-15.14. Registration - Expiration and renewal - Fee.
A. In addition to obtaining a certificate or license, certified public accountants and public accountants shall register with the Oklahoma Accountancy Board and pay a registration fee.
B. All valid certificates and licenses ending in an odd number shall expire on July 31 of each odd-numbered year. All valid certificates and licenses ending in an even number shall expire on July 31 of each even-numbered year. All such registrations shall expire on the last day of July and may be renewed for a period of two (2) years. The Board shall implement rules for the scheduling of expiration and renewal of certificates and licenses, including the prorating of fees.
C. After the initial registration, renewal of registrations shall be accomplished by registrants in good standing upon filing of the registration and upon payment of the registration fee not later than July 31. Interim registration shall be at full rates.
D. Not less than thirty (30) calendar days before the expiration of a valid certificate or license, written notice of the expiration date shall be mailed to the individual holding the valid certificate or license at the last-known address of such individual according to the official records of the Board.
E. A certificate or license shall be renewed by payment of a registration renewal fee set by the Board which shall not exceed Two Hundred Dollars ($200.00) for each two-year period.
1. Upon failure of an individual to pay registration fees on or before July 31, the Board shall notify the individual in writing by certified mail to the last known address of the individual, as reflected in the records of the Board, of the individual's failure to comply with the Oklahoma Accountancy Act.
2. A certificate or license granted under authority of the Oklahoma Accountancy Act shall automatically be revoked if the individual fails to pay registration fees on or before August 31.
3. Any individual whose certificate or license is automatically revoked by this provision may be reinstated by the Board upon payment of:
a. a fee set by the Board which shall not exceed Three Hundred Dollars ($300.00) for a renewal within one (1) year of the due date, or
b. a fee set by the Board which shall not exceed Six Hundred Dollars ($600.00) for a renewal after the expiration of a year.
However, an individual whose certificate or license has been expired under this section for five (5) years or more may not renew the certificate or license. The individual may obtain a new certificate or license by complying with the requirements and procedures, including the examination requirements, for obtaining an original certificate or license. This provision shall not apply to an individual who is licensed to practice in another jurisdiction five (5) years prior to reapplication.
F. The Board shall establish rules whereby the registration fee for certified public accountants and public accountants may, upon written application to the Board, be reduced or waived by the Board for registrants who have retired upon reaching retirement age, or who have attained the age of sixty-five (65) years, or who have become disabled to a degree precluding the continuance of their practice for six (6) months or more prior to the due date of any renewal fee. The Board shall use its discretion in determining conditions required for retirement or disability.
G. All changes of professional status, employment or mailing address shall be reported to the Board within thirty (30) calendar days of such changes becoming effective.
H. At the direction of the Board, a register may be printed and/or published in any media format the Board considers appropriate for public distribution. Any such publication shall contain the names arranged alphabetically of all individuals and firms holding valid certificates, licenses, permits, the names of the members of the Board, and such other information as may be deemed appropriate by the Board.
Added by Laws 1965, c. 188, § 14, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 11, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 16, eff. Sept. 1, 1992; Laws 2002, c. 312, § 10, eff. Nov. 1, 2002; Laws 2004, c. 125, § 17, eff. Nov. 1, 2004.
§5915.14A. Permits.
A. Before any individual may practice public accounting or hold himself out as being engaged in the practice of public accounting as a certified public accountant or public accountant in this state such person shall obtain a permit from the Board. Any individual, corporation or partnership or any other entity who provides any of the services defined hereinabove as the "practice of public accounting" without being a license and permit holder, or a certificate and permit holder, shall be assessed a fine not to exceed Ten Thousand Dollars ($10,000.00) for each separate offense.
B. The Board shall promulgate rules establishing the qualifications for obtaining a permit to practice public accounting in this state. Such rules shall include but not be limited to provisions that:
1. Any individual seeking a permit must have a valid certificate or license on the date the permit is applied for;
2. Any individual or entity seeking a permit must be registered pursuant to the provisions of the Oklahoma Accountancy Act;
3. Any individual seeking a permit must meet continuing professional education requirements as set forth by this act and rules promulgated by the Board; and
4. There shall be no examination for obtaining a permit.
C. All such individuals shall, upon application and compliance with the rules establishing qualifications for obtaining a permit and payment of the fees, be granted an annual permit to practice public accounting in this state. All permits issued shall expire on June 30 of each year and may be renewed from year to year. The Board may issue interim permits upon payment of the same fees required for annual permits.
D. Failure to apply for and obtain a permit shall disqualify an individual from practicing public accounting in this state until such time as a valid permit has been obtained.
E. The Board shall charge a fee for each individual permit not to exceed One Hundred Dollars ($100.00).
Laws 1968, c. 271, § 17, emerg. eff. April 30, 1968; Laws 1982, c. 160, § 3, eff. July 1, 1982; Laws 1992, c. 272, § 17, eff. Sept. 1, 1992. Renumbered from § 15.22 by Laws 1992, c. 272, § 34, eff. Sept 1, 1992.
§59-15.14B. Acts subject to penalty.
After notice and hearing the Board may impose any one or more of the penalties authorized in Section 15.24 of this title on a certified public accountant or a public accountant for any one or more of the following causes:
1. Fraud or deceit in obtaining a certificate, license or permit;
2. Dishonesty, fraud, or gross negligence in accountancy or financially related activities;
3. Conviction, plea of guilty, or plea of nolo contendere of a felony in a court of competent jurisdiction of any state or federal court of the United States if the acts involved would have constituted a felony under the laws of this state;
4. Conviction, plea of guilty, or plea of nolo contendere of any misdemeanor, an element of which is dishonesty or fraud, pursuant to the laws of the United States or any jurisdiction if the acts involved would have constituted a misdemeanor under the laws of this state;
5. Failure to comply with professional standards as to the attest and/or compilation competency requirement for those who supervise attest and/or compilation engagements and sign report on financial statements or other compilation communications with respect to financial statements; and
6. Violation of any of the provisions of the Oklahoma Accountancy Act and rules promulgated for its implementation by the Board.
Laws 1965, c. 188, § 20, emerg. eff. June 8, 1965; Laws 1968, c. 271, § 15, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 18, eff. Sept. 1, 1992. Renumbered from § 15.20 by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, § 18, eff. Nov. 1, 2004.
§59-15.15. Registration - Annual fee - Expiration date - Renewal - Interim registration - Revocation and reinstatement.
A. The Oklahoma Accountancy Board, upon application, shall register any firm seeking to provide public accounting services to the public in this state. All firms, except sole proprietorships, shall pay an annual registration fee not to exceed One Hundred Dollars ($100.00).
B. All such registrations shall expire on May 31 of each year and may be renewed annually for a period of one (1) year by registrants in good standing upon filing the registration and upon payment of the annual fee not later than May 31 of each year.
C. Interim registrations shall be at full rates.
D. Upon failure of a firm to pay registration fees on or before the last day of May, the Board shall notify the firm in writing by certified mail to the last known address of the firm, as reflected in the records of the Board, of the firm's failure to comply with the Oklahoma Accountancy Act.
E. A registration granted under authority of this section shall automatically be revoked if the firm fails to renew its registration on or before June 30.
F. A firm whose registration is automatically revoked pursuant to this section may be reinstated by the Board upon payment of a fee to be set by the Board which shall not exceed Two Hundred Dollars ($200.00).
Added by Laws 1965, c. 188, § 15, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 12, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 19, eff. Sept. 1, 1992; Laws 2002, c. 312, § 11, eff. Nov. 1, 2002; Laws 2004, c. 125, § 19, eff. Nov. 1, 2004.
§59-15.15A. Firm permits.
A. The Oklahoma Accountancy Board, upon application, shall issue a permit to practice public accounting to each firm seeking to provide professional services to the public in this state. Renewals of firm permits shall be applied for during the month of May of each year.
B. Applicants for initial firm permits shall provide the Board with the following information:
1. A list of all states in which the firm has applied for or been issued a permit or its equivalent within the five (5) years immediately preceding the date of application;
2. Relevant details as to a denial, revocation, or suspension of a permit or its equivalent of the firm, or any partner or shareholder of the firm other than in this state;
3. Documentary proof that the firm has complied with the requirements of the Oklahoma Office of the Secretary of State applicable to such entities; and
4. Such other information as the Board deems appropriate for demonstrating that the qualifications of the firm are sufficient for the practice of public accounting in this state.
C. The following changes in a firm affecting the offices in this state shall be reported to the Board within thirty (30) calendar days from the date of occurrence:
1. Changes in the partners or shareholders of the firm;
2. Changes in the structure of the firm;
3. Change of the designated manager of the firm;
4. Changes in the number or location of offices of the firm; and
5. Denial, revocation, or suspension of certificates, licenses, permits, or their equivalent to the firm or its partners, shareholders, or employees other than in this state.
D. The Board shall be notified in the event the firm is dissolved. Such notification shall be made within thirty (30) calendar days of the dissolution. The Board shall adopt rules for notice and rules appointing the responsible party to receive such notice for the various types of firms authorized to receive permits. Such notice of dissolution shall contain but not be limited to the following information:
1. A list of all partners and shareholders at the time of dissolution;
2. The location of each office of the firm at the time of dissolution; and
3. The date the dissolution became effective.
E. The Board shall set a fee of not more than Two Hundred Dollars ($200.00) for each initial or renewal firm permit except for sole proprietorships.
F. Each firm seeking a permit to practice accounting as a CPA firm shall be issued a permit by the Board upon application and payment of appropriate fees. A firm applying for a permit shall provide documentary proof to the Board that:
1. Each partner or shareholder is engaged in the practice of public accounting in the United States and is holding a certificate as a certified public accountant in one or more jurisdictions; and
2. Each designated manager of an office in this state is a holder of a valid Oklahoma certificate and permit to practice as a certified public accountant.
G. Each firm seeking a permit to practice accounting as a PA firm shall be issued a permit by the Board upon application and payment of appropriate fees. A firm applying for a permit shall provide documentary proof to the Board that:
1. Each partner or shareholder is engaged in the practice of public accounting in the State of Oklahoma as public accountants; and
2. Each designated manager of an office in this state has received an Oklahoma license and permit to practice as a public accountant or certificate and permit to practice as a certified public accountant.
Added by Laws 1992, c. 272, § 20, eff. Sept. 1, 1992. Amended by Laws 2002, c. 312, § 12, eff. Nov. 1, 2002; Laws 2004, c. 125, § 20, eff. Nov. 1, 2004.
§5915.15B. Designated manager.
A. Each office established or maintained in this state for the practice of public accounting shall be under the direct supervision of a designated manager.
1. The designated manager must be the holder of a certificate in order for the title "Certified Public Accountant" or the abbreviation "C.P.A." to be used in connection with such office;
2. The designated manager must be the holder of a certificate or a license in order for the title "Public Accountant" or the abbreviation "P.A." to be used in connection with such office.
B. The Board shall prescribe such rules as are necessary to implement registration pursuant to the provisions of this section.
Laws 1965, c. 188, § 17, emerg. eff. June 8, 1965; Laws 1968, c. 271, § 13, emerg. eff. April 30, 1968; Laws 1992, c. 272, § 21, eff. Sept. 1, 1992. Renumbered from § 15.17 by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992.
§59-15.16. Revocation or suspension of registration and permits of firm.
A. After notice and hearing the Board shall revoke the registration and all permits of a firm if at any time it does not have all of the qualifications required for registration pursuant to the provisions of the Oklahoma Accountancy Act.
B. After notice and hearing, the Board may impose any one or more of the penalties authorized in Section 15.24 of this title on a firm for any one or more of the following causes:
1. The revocation or suspension of the certificate or license of any partner or shareholder issued in accordance with the Oklahoma Accountancy Act;
2. Failure to maintain compliance with the requirements for issuance or renewal of the permit of the firm;
3. Failure to sign accountants' opinions in the firm name, except in instances in which a governmental agency shall require the signature to be that of an individual;
4. Fraud or deceit by any partner or shareholder in obtaining the firm permit;
5. Except sole proprietorships, failure to file income tax returns in the name of the firm; and
6. Dishonesty, fraud, or gross negligence in the practice of public accounting by any partner, shareholder, or employee of the firm in the name of the firm.
Laws 1965, c. 188, § 16, emerg. eff. June 8, 1965; Laws 1992, c. 272, § 22, eff. Sept. 1, 1992; Laws 2004, c. 125, § 21, eff. Nov. 1, 2004.
§59-15.17. Renumbered as § 15.15B of this title by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992.
§59-15.18. Renumbered as § 15.10A of this title by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992.
§59-15.19. Repealed by Laws 1992, c. 272, § 33, eff. Sept. 1. 1992.
§59-15.20. Renumbered as § 15.14B of this title by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992.
§59-15.22. Renumbered as § 15.14A of this title by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992.
§5915.23. Hearings.
A. The Oklahoma Accountancy Board shall conduct investigations and hearings when it believes a registrant, individual practicing under Section 8 of this act, other individual or entity has violated any of the provisions of the Oklahoma Accountancy Act or rules promulgated thereunder wherever or whenever appropriate for the exercise of authority granted to the Board either on its own motion or on the complaint of any person or entity. Such proceedings shall be conducted in accordance with the provisions of the Administrative Procedures Act. The Board shall have all powers granted to administrative agencies for the conduct of individual proceedings; and judicial review thereof shall be in accordance with the provisions of such general laws relating to administrative procedure.
B. At all hearings, the Attorney General of this state, or an Assistant Attorney General, shall represent the Board. If the Attorney General is unable or declines to provide the Board with counsel, the Board is authorized to employ other legal counsel to represent it at a hearing. The counsel who presents the evidence supporting the complaint shall not be the counsel who advises the Board.
Added by Laws 1965, c. 188, § 21, emerg. eff. June 8, 1965. Renumbered from § 15.21 of Title 59 by Laws 1968, c. 271, § 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, § 23, eff. Sept. 1, 1992; Laws 2002, c. 312, § 13, eff. Nov. 1, 2002.
§59-15.24. Penalties - Reinstatement or termination of suspension.
A. In the event an individual, certified public accountant, public accountant, firm or entity, after proper notice and hearing, is found to have violated one or more provisions of the Oklahoma Accountancy Act, the Board may impose one or more of the following penalties on the offending individual, firm or entity:
1. Revoke any certificate, license, or permit issued pursuant to the provisions of the Oklahoma Accountancy Act;
2. Suspend any certificate, license, or permit for not more than five (5) years, subject to such terms, conditions, or limitations as deemed appropriate by the Board;
3. Reprimand a registrant;
4. Place a registrant on probation for a specified period of time, which may be shortened or lengthened, as the Board deems appropriate;
5. Limit the scope of practice of a registrant;
6. Deny renewal of a permit;
7. Require an accelerated peer review of the registrant, subject to such procedures, as the Board deems appropriate;
8. Require successful completion of continuing professional educational programs deemed appropriate;
9. Assess a fine not to exceed Ten Thousand Dollars ($10,000.00) for each separate offense; and
10. Require the registrant, individual or entity to pay all costs incurred by the Board as a result of hearings conducted regarding accountancy actions of the registrant, individual, or entity including but not limited to investigation costs, hearing officer costs, renting of special facilities costs, and court reporter costs.
B. Upon application in writing, the Board may reinstate a certificate, license, or permit which has been revoked, or may modify, upon good cause as to why said individual or entity should be reinstated, the suspension of any certificate, license, or permit.
C. Before reinstating or terminating the suspension of a certificate, license, or permit, or as a condition to such reinstatement or termination, the Board may require the applicant to show successful completion of specified continuing professional education courses.
D. Before reinstating or terminating the suspension of a certificate, license, or permit, or as a condition to such reinstatement or termination, the Board may make the reinstatement of a certificate, license, or permit conditional and subject to satisfactory completion of a peer review conducted in such fashion as the Board may specify.
E. The provisions of this section shall not be construed to preclude the Board from entering into any agreement to resolve a complaint prior to a formal hearing or before the Board enters a final order.
F. All monies, excluding costs, collected from civil penalties authorized in this section, such penalties being enforceable in the district courts of this state, shall be deposited with the State Treasurer to be paid into the General Revenue Fund of the state.
Laws 1965, c. 188, § 22, emerg. eff. June 8, 1965; Laws 1968, c. 271, § 18, emerg. eff. April 30, 1968. Renumbered from § 15.22 by Laws 1968, c. 271, § 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, § 24, eff. Sept. 1, 1992; Laws 2004, c. 125, § 22, eff. Nov. 1, 2004.
§59-15.25. Misrepresentation or fraud - Violations of act - Penalty.
Any individual or entity who:
1. Represents himself, herself or itself as having received a certificate, license, or permit and otherwise presents himself, herself or itself to the public as having specialized knowledge or skills associated with CPAs and PAs without having received such certificate, license, or permit; or
2. Continues to use such title or designation after such certificate, license, or permit has been recalled, revoked, canceled, or suspended or refuses to surrender such certificate, license, or permit; or
3. Falsely represents himself, herself or itself as being a CPA or licensed as a public accountant, or firm of CPAs or licensed public accountants, or who incorrectly designates the character of the certificate, license or permit which he, she or it holds; or
4. Otherwise violates any of the provisions of the Oklahoma Accountancy Act,
upon conviction shall be deemed guilty of a misdemeanor.
Laws 1965, c. 188, § 23, emerg. eff. June 8, 1965; Laws 1968, c. 271, § 19, emerg. eff. April 30, 1968. Renumbered from § 15.23 by Laws 1968, c. 271, § 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, § 25, eff. Sept. 1, 1992; Laws 2004, c. 125, § 23, eff. Nov. 1, 2004.
§59-15.26. False reports or statements - Penalty.
Any individual holding a certificate or license who knowingly falsifies any report or statement bearing on any attestation, investigation, or audit made by the individual or subject to the individual's direction shall be guilty of a felony, and upon conviction shall be punishable by imprisonment for a period of not more than one (1) year, or by a fine of not more than Twenty-five Thousand Dollars ($25,000.00) per occurrence, or by both such fine and imprisonment.
Added by Laws 1965, c. 188, § 24, emerg. eff. June 8, 1965. Renumbered from § 15.24 of Title 59 by Laws 1968, c. 271, § 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, § 26, eff. Sept. 1, 1992; Laws 1997, c. 133, § 505, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 369, eff. July 1, 1999; Laws 2002, c. 312, § 14, eff. Nov. 1, 2002; Laws 2004, c. 125, § 24, eff. Nov. 1, 2004.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 505 from July 1, 1998, to July 1, 1999.
§59-15.27. Cease and desist order - Injunction.
A. In addition to any other powers conferred on the Board to impose penalties for violations of the provisions of the Oklahoma Accountancy Act, whenever in the judgment of the Board any individual or entity has engaged in any acts or practices, that constitute a violation of the Oklahoma Accountancy Act, the Board may:
1. After notice and hearing, issue a cease and desist order to any individual who should have obtained a certificate, license, or permit or to an entity which should have obtained a permit;
2. Impose a fine of not more than Ten Thousand Dollars ($10,000.00) for each violation in the event after the issuance of an order to cease and desist the illegal activity, the individual or entity to whom the order is directed commits any act in violation of the order; and
3. Make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Board that such person has engaged in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court, without bond.
B. Each day a violation is continuing shall constitute a separate offense.
C. Administrative fines imposed pursuant to this section shall be enforceable in the district courts of this state.
D. Notices and hearings required by this section shall be in accordance with the Administrative Procedures Act.
E. Appeals from orders entered pursuant to this section shall be in accordance with the Administrative Procedures Act.
Laws 1965, c. 188, § 26, emerg. eff. June 8, 1965; Laws 1968, c. 271, § 22, emerg. eff. April 30, 1968. Renumbered from § 15.26 by Laws 1968, c. 271, § 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, § 27, eff. Sept. 1, 1992; Laws 2004, c. 125, § 25, eff. Nov. 1, 2004.
§59-15.28. Prima facie evidence.
The displaying or uttering by an individual or entity not registered in accordance with the Oklahoma Accountancy Act of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing the name of the individual or entity in conjunction with the words "Certified Public Accountant" or "Public Accountant" or any abbreviation thereof shall be prima facie evidence in any action brought pursuant to the provisions of the Oklahoma Accountancy Act that the individual or entity whose name is so displayed or uttered caused or procured the display or uttering of such card, sign, advertisement or other printed, engraved or written instrument or device, and that such individual or entity is representing himself, herself or itself to be a certified public accountant, public accountant or CPA, PA or entity holding a valid permit.
Added by Laws 1965, c. 188, § 27, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, § 20, emerg. eff. April 30, 1968. Renumbered from § 15.27 of Title 59 by Laws 1968, c. 271, § 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, § 28, eff. Sept. 1, 1992; Laws 2002, c. 312, § 15, eff. Nov. 1, 2002; Laws 2004, c. 125, § 26, eff. Nov. 1, 2004.
§59-15.29A. Unlawful use of titles or abbreviations - Injunction, restraining order, or other order.
Whenever, as a result of an investigation under Section 15.23 of this title or otherwise, the Oklahoma Accountancy Board believes that any person or firm has engaged, or is about to engage, in any acts or practices which constitute or will constitute a violation of Section 15.11 of this title, the Board may make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Board that such person or firm has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by such court.
Added by Laws 2002, c. 312, § 16, eff. Nov. 1, 2002. Amended by Laws 2004, c. 125, § 27, eff. Nov. 1, 2004.
§59-15.29B. Enforcement actions - Evidence of single act sufficient.
In any action brought under Section 15.24 or 15.27 of this title, evidence of the commission of a single action prohibited by the Oklahoma Accountancy Act shall be sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general course of conduct.
Added by Laws 2002, c. 312, § 17, eff. Nov. 1, 2002. Amended by Laws 2004, c. 125, § 28, eff. Nov. 1, 2004.
§59-15.30. Peer reviews.
A. As a condition for issuance or renewal of permits, the Board may require applicants who perform review or audit services to undergo peer reviews conducted not less than once every three (3) years.
B. Peer reviews shall be conducted in such manner and in accordance with such standards as the Board may specify by rule.
C. The rules may provide for a registrant to comply by providing documented proof of a satisfactory peer review conducted for some other purpose which meets the purposes and standards of the Board peer review program within three (3) years preceding the date the Oklahoma peer review is to be conducted.
D. Failure of any registrant to provide full cooperation with the Board or any individual acting at the direction of the Board in performing a peer review shall after notice and a hearing be subject to the penalties provided in the Oklahoma Accountancy Act.
E. The Board by rule may establish a fee in an amount not to exceed One Hundred Dollars ($100.00) for each peer review required by the Board under this section.
Added by Laws 1992, c. 272, § 29, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, § 29, eff. Nov. 1, 2004.
§59-15.31. Repealed by Laws 1992, c. 272, § 33, eff. Sept. 1. 1992.
§59-15.32. Renumbered as § 15.36 of this title by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992.
§59-15.33. Renumbered as § 15.37 of this title by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992.
§59-15.35. Continuing professional education.
A. In order to assure continuing professional competence of individuals in accountancy, and as a condition for issuance of a certificate or license and/or renewal of a permit to practice, certificate and license holders shall furnish evidence of participation in continuing professional education.
B. All certificate and license holders shall complete a minimum of forty (40) hours of continuing professional education per compliance period to obtain a permit to practice public accounting. Continuing professional education compliance periods shall be established by rule.
C. Effective January 1, 2006, all certificate and license holders shall complete at least one hundred twenty (120) hours of continuing professional education within a three-year period with completion of not less than twenty (20) hours of continuing professional education in any year.
D. The Oklahoma Accountancy Board shall adopt rules and regulations regarding such continuing professional education. Such rules shall include but not be limited to:
1. Requiring reporting of continuing professional education to coincide with the annual permit renewal date;
2. Provisions for exempting retired, inactive and disabled individuals as defined by the Board in the rules from the requirement of continuing professional education; and
3. Adopt standards for determining approved continuing professional education courses.
Added by Laws 1980, c. 274, § 4, eff. July 1, 1980. Amended by Laws 1992, c. 272, § 30, eff. Sept. 1, 1992; Laws 2002, c. 312, § 18, eff. Nov. 1, 2002; Laws 2004, c. 125, § 30, eff. Nov. 1, 2004.
§59-15.36. Persons who may perform assurance services and audits or issue reports.
Any CPA or PA holding a valid permit may perform assurance services, including audit services, and issue a report required by any statute, charter, ordinance, trust or other legal instrument.
Laws 1971, c. 324, § 2, emerg. eff. June 24, 1971; Laws 1992, c. 272, § 31, eff. Sept. 1, 1992. Renumbered from § 15.32 by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, § 31, eff. Nov. 1, 2004.
§59-15.37. Acts and instruments not to provide for audit services by other than registrant holding valid permit.
From and after June 24, 1971, no ordinance, trust or other legal instrument shall provide for any audit services to be performed other than by a registrant holding a valid permit.
Laws 1971, c. 324, § 3, emerg. eff. June 24, 1971; Laws 1992, c. 272, § 32, eff. Sept. 1, 1992. Renumbered from § 15.33 by Laws 1992, c. 272, § 34, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, § 32, eff. Nov. 1, 2004.
§59-15.38. Filing, fees, and continuing professional education requirements waived for license or certificate holder called to active military service.
All filing requirements, fees and the continuing professional education requirements provided in the Oklahoma Accountancy Act shall be waived for any holder of a license or certificate who is called to active military service. The license or certificate holder shall provide the Board a copy of the order to active military service. This waiver shall remain in effect for the duration of the certificate or license holder's active military service. Within sixty (60) days after the discharge from active military service, the license or certificate holder shall provide a copy of the discharge order to the Board.
Added by Laws 2004, c. 125, § 33, eff. Nov. 1, 2004.
§5946.1. Short title.
This act shall be known and may be cited as "The State Architectural Act".
Laws 1947, p. 347, § 1; Laws 1980, c. 314, § 1, eff. July 1, 1980. Amended by Laws 1986, c. 287, § 1, operative July 1, 1986. Renumbered from § 45.1 by Laws 1986, c. 287, § 30, operative July 1, 1986.
§59-46.2. Purpose of act - Practice of architecture or landscape architecture to be regulated.
In order to safeguard life, health and property and to promote the public welfare, the professions of architecture or landscape architecture are declared to be subject to regulation in the public interest. It is unlawful for any person to practice or offer to practice architecture or landscape architecture in this state, as defined in the provisions of Section 46.1 et seq. of this title, use in connection with the person's name, or otherwise assume the title of architect or landscape architect, or advertise any title or description tending to convey the impression that the person is a licensed architect or landscape architect unless the person is duly licensed or exempt from licensure under The State Architectural Act. The practice of architecture and landscape architecture and the use of the titles, architect or landscape architect, are privileges granted by the state through The Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma based upon the qualifications of the individual as evidenced by a certificate of licensure or registration which shall not be transferable.
Added by Laws 1947, p. 347, § 2, emerg. eff. April 16, 1947. Amended by Laws 1986, c. 287, § 2, operative July 1, 1986. Renumbered from § 45.2 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1998, c. 220, § 1, eff. July 1, 1998.
§59-46.3. Definitions.
A. "Architect" means any person who engages in the practice of architecture as hereinafter defined.
B. The "practice of architecture" shall be defined as rendering or offering to render certain services, in connection with the design and construction, enlargement or alteration of a building or a group of buildings and the space surrounding such buildings, including buildings which have as their principal purpose human occupancy or habitation; the services referred to include planning, providing preliminary studies, designs, drawings, specifications and other technical submissions, the administration of construction contracts, and the coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects; provided, that the practice of architecture shall include such other professional services as may be necessary for the rendering of or offering to render architectural services.
C. "Licensed architect" means an architect holding a current license or certificate of registration issued by the Board.
D. "Registration or licensure" means a certificate of registration or licensure issued by the Board to a person. The definition of "license" or "registration" shall be synonymous.
E. A "building" means a structure consisting of a foundation, walls, roof, with or without other parts; provided, however, nothing in The State Architectural Act shall be held or construed to have any application to any building, or to the repairing or remodeling of any building, to be used for onefamily residential purposes, duplexes, or apartment houses not exceeding two stories in height, to any warehouse, maintenance building, garage or storage building not exceeding two stories in height, or to a hotel, lodge or fraternal building not exceeding two stories in height, or to any farm improvements, or industrial or commercial buildings not exceeding two stories in height, nor to any school building where the reasonably estimated total cost for the construction, where structural changes are being made in remodeling or repairing of such school building does not exceed the sum of Forty Thousand Dollars ($40,000.00). A basement is not to be counted as a story for the purpose of counting stories of a building for height regulations. Provided, however, it shall be unlawful for any person other than an architect duly licensed as provided in The State Architectural Act to engage in the planning, designing and preparation of drawings and specifications for the alteration or construction of any building to be used as an armory, auditorium, assembly hall, convention hall, church, educational building, convent, dormitory, gymnasium, hospital, library, bonded warehouse, passenger station, power house, municipal building, county building, state building, federal building, radio or television station, stadium or theater where the reasonably estimated total cost for construction, remodeling or repairing of such building exceeds the sum of Forty Thousand Dollars ($40,000.00).
F. "Board" means The Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma.
G. "Certificate of authority" means the authorization granted by the Board for persons to practice or offer to practice architecture or landscape architecture through a partnership, firm, association, corporation, limited liability company or limited liability partnership.
H. "Technical submissions" means designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.
I. "Responsible control" means the amount of control and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.
J. "Landscape architect" means a person registered to practice landscape architecture as provided in The State Architectural Act.
K. "Landscape architecture" means the performance of professional services defined as teaching, consultations, investigations, reconnaissance, research, planning, design, preparation of construction drawings and specifications, and construction observation in connection with the planning and arranging of land and the elements thereon for public and private use and enjoyment, including the design and layout of roadways, service areas, parking areas, walkways, steps, ramps, pools, the location and siting of improvements including buildings and other structures, and the grading of the land, surface and subsoil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape, in accordance with accepted professional standards, and to the extent that the dominant purpose of such services or creative works is the preservation, conservation, enhancement, or determination of proper land uses, natural land features, ground cover and plantings, or naturalistic and aesthetic values.
The practice of landscape architecture shall include the location and arrangement of tangible objects and features as are incidental and necessary to the purpose outlined for landscape architecture. The practice of landscape architecture shall not include the design of structures or facilities with separate and selfcontained purposes for habitation or industry, or the design of public streets, highways, utilities, storm and sanitary sewers and sewage treatment facilities, that are statutorily defined as the practice of engineering or architecture.
Added by Laws 1947, p. 347, § 3, emerg. eff. April 16, 1947. Amended by Laws 1949, p. 387, § 1, emerg. eff. May 6, 1949; Laws 1978, c. 191, § 1; Laws 1980, c. 314, § 2, eff. July 1, 1980; Laws 1986, c. 154, § 1, eff. July 1, 1986; Laws 1986, c. 287, § 3, operative July 1, 1986. Renumbered from § 45.3 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1998, c. 220, § 2, eff. July 1, 1998; Laws 2005, c. 77, § 1, eff. July 1, 2005.
§59-46.4. The Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma - Appointment - Qualifications - Term - Travel expenses.
There is hereby re-created, to continue until July 1, 2010, in accordance with the provisions of the Oklahoma Sunset Law a Board to be known as "The Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma", hereinafter referred to as the Board. The Board shall be composed of nine (9) members, including six persons who have been duly licensed to practice architecture, and are actively engaged in the practice of architecture in this state or are teaching professors of architecture and duly licensed to practice architecture in this state, two persons who have been duly licensed to practice landscape architecture, and are actively engaged in the practice of landscape architecture in this state or are teaching professors of landscape architecture and duly licensed to practice landscape architecture in this state, and one lay member. Each member of the Board shall be a qualified elector of this state, and the architect members shall have had five (5) years' experience in the application or the study of the principles of architecture after initial registration. Recreation of the Board shall not alter existing staggered terms. Board members, other than the lay member, shall be appointed for a period of five (5) years thereafter; provided that nothing herein shall affect the tenure of office of anyone who is a member of the Board on the effective date of this act. A member may be reappointed to succeed such membership. The persons engaged in the practice of architecture and landscape architecture, or who are teaching professors of architecture or landscape architecture, may be appointed by the Governor from a list of nominees submitted by respective professional societies of this state. Membership in a professional society shall not be a prerequisite to appointment to the Board. The lay member of the Board shall be appointed by the Governor to a term coterminous with that of the Governor. The lay member shall serve at the pleasure of the Governor. Provided, the lay member may continue to serve after the expiration of the member's term until such time as a successor is appointed. Vacancies which may occur in the membership of the Board shall be filled by appointment by the Governor. Each person who has been appointed to fill a vacancy shall serve for the remainder of the term for which the member the person shall succeed was appointed and until a successor, in turn, has been appointed and shall have qualified. Each member of the Board, before entering upon the discharge of the duties of the member, shall make and file with the Secretary of State a written oath or affirmation for the faithful discharge of official duties. Each member of the Board shall be reimbursed for travel expenses pursuant to the State Travel Reimbursement Act.
Added by Laws 1947, p. 348, § 5, emerg. eff. April 16, 1947. Amended by Laws 1957, p. 463, § 1, emerg. eff. May 31, 1957; Laws 1980, c. 314, § 4, eff. July 1, 1980; Laws 1981, c. 320, § 1; Laws 1985, c. 178, § 28, operative July 1, 1985; Laws 1986, c. 154, § 2, eff. July 1, 1986; Laws 1986, c. 287, § 5, operative July 1, 1986. Renumbered from § 45.5 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1992, c. 20, § 1; Laws 1998, c. 39, § 1; Laws 1998, c. 220, § 3, eff. July 1, 1998; Laws 2004, c. 30, § 1.
Added by Laws 1947, p. 348, § 5, emerg. eff. April 16, 1947. Amended by Laws 1957, p. 463, § 1, emerg. eff. May 31, 1957; Laws 1980, c. 314, § 4, eff. July 1, 1980; Laws 1981, c. 320, § 1; Laws 1985, c. 178, § 28, operative July 1, 1985; Laws 1986, c. 154, § 2, eff. July 1, 1986; Laws 1986, c. 287, § 5, operative July 1, 1986. Renumbered from § 45.5 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1992, c. 20, § 1; Laws 1998, c. 39, § 1; Laws 1998, c. 220, § 3, eff. July 1, 1998; Laws 2004, c. 30, § 1.
§59-46.5. Repealed by Laws 1998, c. 220, § 20, eff. July 1, 1998.
§59-46.6. Meetings - Officers - Salary - Quorum.
The Board shall hold regular meetings with the dates, times and place to be fixed by the Board. The Board shall hold a regular meeting in June of each year, which meeting shall be the annual meeting, at which time it shall elect its officers for the next fiscal year and conduct all other business required under this act. At the regular meeting of the Board herein in June of each year, the Board shall elect from its membership a chairman, a vice-chairman, and a secretary-treasurer, each of whom shall serve until such officer's respective successor shall have been elected and shall have qualified. The chairman shall preside at all meetings of the Board and shall perform such other duties as the Board may prescribe. The secretary-treasurer shall receive a monthly salary to be fixed by the Board and shall be reimbursed pursuant to the State Travel Reimbursement Act for travel and other expenses which shall have been incurred while in the performance of the duties of this office. Five Board members shall constitute a quorum for the transaction of business.
Added by Laws 1947, p. 349, § 7, emerg. eff. April 16, 1947. Amended by Laws 1980, c. 159, § 9, emerg. eff. April 2, 1980; Laws 1980, c. 314, § 6, eff. July 1, 1980; Laws 1986, c. 287, § 8, operative July 1, 1986. Renumbered from § 45.7 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1998, c. 220, § 4, eff. July 1, 1998.
§59-46.7. Powers and duties of Board.
In addition to the other powers and duties imposed by law, the Board shall have the power and duty to:
1. Prescribe such rules and to make such orders, as it may deem necessary or expedient in the performance of its duties;
2. Prepare, conduct, and grade examinations of persons who shall apply for the issuance of licenses to them, and to promulgate such rules with reference thereto as it may deem proper;
3. Contract with nationally recognized registration organizations to prepare, conduct, and grade examinations, written or oral, of persons who shall apply for the issuance of licenses;
4. Determine the satisfactory passing score on such examinations and issue licenses to persons who shall have passed examinations, or who shall otherwise be entitled thereto;
5. Determine eligibility for licenses and certificates of authority;
6. Promulgate rules to govern the issuing of reciprocal licenses;
7. Upon good cause shown, as hereinafter provided, deny the issuance of a license or certificate of authority or suspend, revoke or refuse to renew licenses or certificates of authority previously issued, and upon proper showing, to reinstate them;
8. Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew;
9. Prescribe rules governing proceedings for the denial of issuance of a license or certificate of authority, suspension, revocation or refusal to renew, for cause, of licenses or certificates of authority heretofore issued and the reinstatement thereof;
10. Prescribe such penalties, as it may deem proper, to be assessed against holders of licenses or certificates of authority for the failure to pay the biennial fee hereinafter provided for;
11. Levy civil penalties against any person or entity who shall violate any of the provisions of The State Architectural Act or any rule promulgated thereto;
12. Obtain an office, secure such facilities, and employ, direct, discharge and define the duties and set the salaries of such office personnel as deemed necessary by the Board;
13. Initiate disciplinary, prosecutive, and injunctive proceedings against any person or entity who has violated any of the provisions of The State Architectural Act or any rule of the Board promulgated pursuant to said act and against the owner/developer of the building type not exempt;
14. Investigate alleged violations of The State Architectural Act or of the rules, orders or final decisions of the Board;
15. Promulgate rules of conduct governing the practice of licensed architects and landscape architects;
16. Keep accurate and complete records of its proceedings, certify the same as may be appropriate;
17. Whenever it deems it appropriate, confer with the Attorney General or his assistants in connection with all legal matters and questions. The Board may also retain an attorney who is licensed to practice law in this state. The attorney shall serve at the pleasure of the Board for such compensation as may be provided by the Board. The attorney shall advise the Board and perform legal services for the Board with respect to any matters properly before the Board. In addition to the above, the Board may employ hearing examiners to conduct administrative hearings under the provisions of the Administrative Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes;
18. Prescribe by rules, fees to be charged as required by this act;
19. Adopt rules providing for a program of continuing education in order to insure that all licensed architects or landscape architects remain informed of those technical and professional subjects which the Board deems appropriate to professional architect or landscape architect practice. The Board may by rule describe the methods by which the requirements of such program may be satisfied. Failure to meet such requirements of continuing education shall result in nonrenewal of the license issued to the architect or landscape architect;
20. Adopt rules regarding requirements for intern development as a prerequisite for registration; and
21. Take such other action as may be reasonably necessary or appropriate to effectuate The State Architectural Act.
Added by Laws 1947, p. 349, § 8, emerg. eff. April 16, 1947. Amended by Laws 1980, c. 314, § 7, eff. July 1, 1980; Laws 1986, c. 154, § 4, eff. July 1, 1986; Laws 1986, c. 287, § 9, operative July 1, 1986. Renumbered from § 45.8 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1998, c. 220, § 5, eff. July 1, 1998.
§59-46.8. Repealed by Laws 1998, c. 220, § 20, eff. July 1, 1998.
§59-46.8a. Unlawful practice or use of title - Registration and license - Examination - Reciprocity.
A. It shall be unlawful for any person to directly or indirectly engage in the practice of architecture in this state or use the title "Architect", "Registered Architect", "Architectural Designer", or display or use any words, letters, figures, titles, signs, cards, advertisements, or other symbols or devices indicating or tending to indicate that such person is an architect or is practicing architecture, unless the person is registered or licensed under the provisions of this act. No person shall aid or abet any person, not registered or licensed under the provisions of this act, in the practice of architecture.
B. Every person applying to the Board for initial registration shall submit an application accompanied by the fee established in accordance with the rules of the Board, with satisfactory evidence that such person holds an accredited professional degree in architecture or has completed such other education as the Board deems equivalent to an accredited professional degree and with satisfactory evidence that such person has completed such practical training in architectural work as the Board requires. If an applicant is qualified in accordance with this subsection, the Board shall, by means of a written examination, examine the applicant on such technical and professional subjects as are prescribed by the Board. None of the examination materials shall be considered public records. The Board may exempt from such written examination an applicant who holds a certification issued by the National Council of Architectural Registration Boards. The Board may adopt as its own rules governing practical training and education those guidelines published from time to time by the National Council of Architectural Registration Boards. The Board may also adopt the examinations and grading procedures of the National Council of Architectural Registration Boards and the accreditation decisions of the National Architectural Accrediting Board. The Board shall issue its registration to each applicant who is found to be of good moral character and who satisfies the requirements set forth in this section. Such registration shall be effective upon issuance.
C. Pursuant to such rules as it may have adopted, the Board shall have the power to issue licenses without requiring an examination to persons who have been licensed to practice architecture in states other than the State of Oklahoma, in a territory of the United States, in the District of Columbia, or in a country other than the United States; provided that the state or country has a similar reciprocal provision to authorize the issuance of licenses to persons who have been licensed in this state. If a person who has been licensed in a state other than the State of Oklahoma, or in a territory of the United States, in the District of Columbia, or in a country other than the United States complies with the rules of the Board, the secretary-treasurer, upon the order of the Board in the exercise of its discretion and upon the receipt of the stated payment to the secretary-treasurer pursuant to the rules of the Board, shall issue to said person a license to practice architecture in this state.
Added by Laws 1998, c. 220, § 6, eff. July 1, 1998.
§59-46.9. Practice through partnership, firm, association, corporation, limited liability company or limited liability partnership - Issuance, revocation, denial or nonrenewal of certificate - Foreign firms.
A. The practice of architecture or offering to practice architecture for others by persons registered under this act through a partnership, firm, association, corporation, limited liability company or limited liability partnership as directors, partners, officers, shareholders, employees, managers, members or principals is permitted, subject to the provisions of The State Architectural Act, provided:
1. One or more of the directors, partners, officers, shareholders, managers, members or principals of said partnership, firm, association, corporation, limited liability company or limited liability partnership is designated as being responsible for the architectural activities and decisions of said partnership, firm, association, corporation, limited liability company or limited liability partnership;
2. Such director, partner, officer, shareholder, manager, member or principal is duly licensed or registered under The State Architectural Act;
3. All personnel of said partnership, firm, association, corporation, limited liability company or limited liability partnership which act in its behalf as architects practicing architecture in the state are registered under The State Architectural Act; and
4. Said partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of authority by the Board.
B. The Board shall have the power to issue, revoke, deny, or refuse to renew a certificate of authority for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in The State Architectural Act.
C. A partnership, firm, association, corporation, limited liability company or limited liability partnership desiring to practice architecture shall file with the Board an application for a certificate of authority on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all partners, directors, officers, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership. The form shall name an individual having the practice of architecture in such person's charge who is a director, partner, officer, member, manager or principal duly registered as an architect to practice architecture in this state through said partnership, firm, association, corporation, limited liability company or limited liability partnership and other information required by the Board. In the event there shall be a change in any of these persons during the term of the certification, such change shall be filed with the Board within thirty (30) days after the effective date of said change. If all of the requirements of this section and the Board's current rules have been met, the Board shall issue a certificate of authority to such partnership, firm, association, corporation, limited liability company or limited liability partnership.
D. Any other person licensed pursuant to The State Architectural Act, not practicing architecture as a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall practice as an individual.
E. No such partnership, firm, association, corporation, limited liability company or limited liability partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, partners, directors, officers, managers, members or principals by reason of its compliance with the provisions of this section, or shall any individual practicing architecture or landscape architecture be relieved of responsibility for professional services performed as an individual by reason of such person's employment or relationship with such partnership, firm, association, corporation, limited liability company or limited liability partnership.
F. The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Architect", "Architectural", "Architecture" or any modification or derivation of the word "Architect", unless the Board has issued for said applicant either a certificate of authority for a firm, or a letter indicating the eligibility of such applicant who is licensed as an individual to practice pursuant to The State Architectural Act. The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.
G. The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Landscape Architect", or "Landscape Architecture", unless the Board has issued for said applicant either a certificate of authority for a firm, or a letter indicating the eligibility of such applicant who is licensed to practice pursuant to The State Architectural Act. The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.
H. The Secretary of State shall not register any trade name or service mark which includes such words, as set forth in subsection F or G of this section, or modifications or derivatives thereof in its firm name or logotype except those firms or individuals holding certificates of authority issued under the provisions of this section or letters of eligibility issued by the Board.
I. Upon application for renewal and upon compliance with the provisions of The State Architectural Act and the rules of the Board, a certificate of authority shall be renewed as provided in this act.
Added by Laws 1947, p. 351, § 12, emerg. eff. April 16, 1947. Amended by Laws 1963, c. 178, § 1, emerg. eff. June 10, 1963; Laws 1981, c. 320, § 4; Laws 1983, c. 21, § 2, operative July 1, 1983; Laws 1986, c. 154, § 6, eff. July 1, 1986; Laws 1986, c. 287, § 13, operative July 1, 1986. Renumbered from § 45.12 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1998, c. 220, § 7, eff. July 1, 1998.
§59-46.10. Dues - Cancellation of license for nonpayment.
Every licensed architect and landscape architect shall pay to the secretary-treasurer of the Board a fee as prescribed by the rules of the Board. Upon receipt of the fee the secretary-treasurer shall issue a renewal of the license, which shall authorize the person to practice architecture or landscape architecture, as the case may be, in this state. The license of an architect or landscape architect which has been canceled by the Board for nonpayment of dues may be renewed at any time within three (3) years from the date of the cancellation, upon payment to the secretary-treasurer of the fees which had accrued at the time of the cancellation and which would have been paid at the time of reinstatement had not the license been suspended, together with payment of the amount of penalties which may have been prescribed by the Board. If a license remains canceled for a period exceeding three (3) consecutive years, it shall not be reinstated unless the licensee has taken or submitted to a test or a quiz or a Board review or an examination as the circumstances of the individual case may warrant and as may be prescribed by the Board in order to determine continued competency of the licensee. A partnership, firm, association, corporation, limited liability company or limited liability partnership shall pay to the secretary-treasurer the fee prescribed and in the manner provided by the rules of the Board for the renewal of the certificate of authority for such partnership, firm, association, corporation, limited liability company or limited liability partnership.
Added by Laws 1947, p. 351, § 13, emerg. eff. April 16, 1947. Amended by Laws 1949, p. 388, § 3, emerg. eff. May 6, 1949; Laws 1963, c. 178, § 2, emerg. eff. June 10, 1963; Laws 1983, c. 21, § 3, operative July 1, 1983; Laws 1986, c. 154, § 7, eff. July 1, 1986; Laws 1986, c. 287, § 14, operative July 1, 1986. Renumbered from § 45.13 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1998, c. 220, § 8, eff. July 1, 1998; Laws 2001, c. 245, § 1, eff. Nov. 1, 2001.
§59-46.11. Renewal of license or certificate - Display.
No license for architects or landscape architects, or a certificate of authority for a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall be issued or renewed for longer than two (2) years. A license or certificate may be renewed upon application, compliance with the rules of the Board, and payment of fees prior to or on June 30 of alternate years beginning July 1, 1986. Every registered architect or landscape architect having a place of business or employment within the state shall display such person's license in a conspicuous place in such place of business or employment. A new license to replace a lost, destroyed or mutilated license shall be issued by the Board upon payment of a fee established in accordance with the rules of the Board and such certificate shall be stamped or marked "duplicate".
Added by Laws 1986, c. 287, § 11, operative July 1, 1986. Amended by Laws 1998, c. 220, § 9, eff. July 1, 1998.
§59-46.12. Reinstatement of license or certificate.
After the expiration of a period of six (6) months and upon payment to the secretary-treasurer of a fee as prescribed by the rules of the Board, a person or entity whose license or certificate of authority has been suspended or revoked for cause, pursuant to the provisions of The State Architectural Act, may file an application with the secretary-treasurer for the reinstatement of said license or certificate of authority. After a showing has been made by the applicant to the Board that the interests of the public will not suffer by reason of reinstatement, the Board in its discretion may order the reinstatement of the license or certificate of authority upon the payment of a sum equal to the fees which would have accrued had not the license or certificate of authority of the applicant been suspended or revoked.
Added by Laws 1947, p. 353, § 16, emerg. eff. April 16, 1947. Amended by Laws 1983, c. 21, § 4, operative July 1, 1983; Laws 1986, c. 154, § 8, eff. July 1, 1986; Laws 1986, c. 287, § 16, operative July 1, 1986. Renumbered from § 45.16 of this title by Laws 1986, c. 287, § 31, operative July 1, 1986. Amended by Laws 1998, c. 220, § 10, eff. July 1, 1998.
§59-46.13. Repealed by Laws 1998, c. 220, § 20, eff. July 1, 1998.
§59-46.14. Grounds for suspension, revocation or nonrenewal of license or certificate - Hearing.
The Board shall have power to suspend, to revoke or refuse to renew a license or certificate of authority issued by it, pursuant to the provisions of The State Architectural Act, when the holder thereof:
1. Shall have been convicted of a felony;
2. Shall have been guilty of fraud or misrepresentation in the person's application, whether for an examination or for a license without examination, or of fraud in the examination;
3. Shall have been guilty of gross incompetency or recklessness in the practice of architecture relating to the construction of buildings or structures, or of dishonest practices;
4. Shall have been guilty of gross incompetency or recklessness in the practice of landscape architecture, or of dishonest practices;
5. Shall have been found to be guilty of a violation of a provision of The State Architectural Act or the rules of the Board; provided, that a person or entity complained of:
a. shall first have been served notice in the same manner as provided by law in other civil actions of the charges filed against the person or entity and of the time, place, and nature of the hearing before the Board, and
b. shall have the right to be represented by counsel and an opportunity to respond and present evidence and argument on all issues involved, by the introduction of evidence and by the examination and cross-examination of witnesses, and to compel the attendance of witnesses and the production of books and papers. Pursuant to the foregoing, the Board shall have the power of a court of record, including the power to issue subpoena and to compel the attendance and testimony of witnesses. Each member of the Board shall have the power to administer oaths and to issue subpoena. Whenever any person who shall have been subpoenaed to appear to give testimony, or to answer any pertinent or proper question, or to produce books, papers or documents which shall have been designated in a subpoena, either on behalf of the prosecution or on behalf of the accused, shall refuse to appear to testify before the Board, or to answer any pertinent or proper questions, or to produce a book, paper or document which shall have been designated in a subpoena, the person shall be deemed to be in contempt of the Board, and it shall be the duty of the presiding officer of the Board, to report the fact to the district court of the State of Oklahoma in and for the county in which such person may be or may reside whereupon the court shall issue an attachment in the usual form, directed to the sheriff of the county, which shall command the sheriff to attach such person and forthwith bring the person before the court. On the return of the attachment duly served upon the accused, or upon the production of the person attached, the district court shall have jurisdiction of the matter. The person charged may purge himself or herself of the contempt in the same way and the same proceedings shall be had, and the same penalties may be imposed, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Oklahoma. Depositions may be taken and used in the same manner as in civil cases. The Board shall keep a record of the evidence in, and a record of each proceeding for the suspension, revocation of or refusal to renew a license or certificate of authority and shall make findings of fact and render a decision therein. If, after a hearing, the charges shall have been found to have been sustained by the vote of a majority of the members of the Board it shall immediately enter its order of suspension, revocation or refusal to renew, as the case may be.
Added by Laws 1947, p. 351, § 14, emerg. eff. April 16, 1947. Amended by Laws 1986, c. 287, § 15, operative July 1, 1986. Renumbered from § 45.14 of this title by Laws 1986, c. 287, § 31, operative July 1, 1986. Amended by Laws 1998, c. 220, § 11, eff. July 1, 1998.
§59-46.15. Appeals from Board - Jurisdiction of District Court of Oklahoma County.
Any person or entity aggrieved by a final order of the Board may appeal from such decision by filing a petition in the District Court of Oklahoma County within thirty (30) days from the date of such final order. The District Court of Oklahoma County shall have jurisdiction of an appeal from the Board, and shall have power to affirm, reverse or modify the decisions of the Board. Such appeals shall be subject to the law and practice applicable to other civil actions. Provided, that any party to said appeal may appeal from the decision of said district court to the Supreme Court of Oklahoma in the same manner as provided by law in other civil actions.
Added by Laws 1947, p. 352, § 15, emerg. eff. April 16, 1947. Renumbered from § 45.15 of this title by Laws 1986, c. 287, § 31, operative July 1, 1986. Amended by Laws 1998, c. 220, § 12, eff. July 1, 1998.
§59-46.16. Repealed by Laws 1998, c. 220, § 20, eff. July 1, 1998.
§5946.17. Criminal penalties.
Any person or entity convicted of violating any provision of The State Architectural Act shall be guilty of a misdemeanor. The continued violation of any provision of The State Architectural Act during each day shall be deemed to be a separate offense. Upon conviction thereof the person or entity shall be punished by imprisonment in the county jail not to exceed one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment for each offense. The Board may request the appropriate district attorney to prosecute such violation and seek an injunction against such practice.
Added by Laws 1986, c. 287, § 25, operative July 1, 1986.
§59-46.18. Civil penalties.
A. Any person or entity who has been determined by the Board to have violated any provision of The State Architectural Act or any rule or order issued pursuant to the provisions of The State Architectural Act may be liable for a civil penalty of not more than One Hundred Dollars ($100.00) for each day that said violation continues. The maximum civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.
B. The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Board shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of The State Architectural Act. All monies collected from such civil penalties shall be deposited with the State Treasurer of Oklahoma and placed in the Board of Architects' Fund.
C. Any license or certificate of authority holder may elect to surrender the license or its certificate of authority in lieu of said fine but shall be forever barred from obtaining a reissuance of said license or certificate of authority.
Added by Laws 1986, c. 287, § 26, operative July 1, 1986. Amended by Laws 1998, c. 220, § 13, eff. July 1, 1998.
§5946.19. Board of architects' fund.
All monies which shall be paid to the secretarytreasurer pursuant to the provisions of The State Architectural Act shall be deposited with the State Treasurer of Oklahoma and by him placed in a separate and distinct fund to be known as the "Board of Architects' Fund". At the end of each fiscal year hereafter such unexpended balance remaining in the Board of Architects' Fund shall be carried over and continued therein. All sums of money now or hereafter to be or to come into the fund are hereby appropriated for the purpose of effectuating the purposes of The State Architectural Act, and to pay all costs and expenses heretofore and hereafter incurred in connection therewith.
Laws 1947, p. 353, § 17; Laws 1980, c. 314, § 10, eff. July 1, 1980. Amended by Laws 1986, c. 154, § 9, eff. July 1, 1986; Laws 1986, c. 287, § 17, operative July 1, 1986. Renumbered from § 45.17 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§5946.20. Annual report.
At the close of each fiscal year, the Board shall make a full report of its proceedings during the year to the Governor and shall pay into the General Revenue Fund of the state, ten percent (10%) of all license and certificate of authority issuance and renewal fees collected and received during the fiscal year.
Laws 1947, p. 353, § 18; Laws 1979, c. 30, § 17, emerg. eff. April 6, 1979; Laws 1980, c. 314, § 11, eff. July 1, 1980. Amended by Laws 1986, c. 287, § 18, operative July 1, 1986. Renumbered from § 45.18 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§59-46.21. Persons, firms, corporations, limited liability companies or limited liability partnerships excepted from act.
A. The State Architectural Act shall not apply to any persons, firms, corporations, limited liability companies or limited liability partnerships who prepare plans and specifications for persons, firms, corporations, limited liability companies or limited liability partnerships other than such person or entity, for buildings not specified in The State Architectural Act requiring an architect licensed under the laws of the State of Oklahoma, providing such persons, firms, corporations, limited liability companies or limited liability partnerships shall not, in any manner, represent such person or entity to be an architect or other title of profession or business using a form of the word, "Architect", and providing further that nothing in The State Architectural Act shall prevent such persons, firms, corporations, limited liability companies or limited liability partnerships advertising or selling such service.
B. Nothing in this act shall be construed to prevent:
1. The preparation of technical submissions or the administration of construction contracts by employees of a person or entity lawfully engaged in the practice of architecture when such employees are acting under the responsible control of a registered architect;
2. A nonresident, who holds the certification issued by the National Council of Architectural Registration Boards, from offering to render the professional services involved in the practice of architecture; provided, that the person shall not perform any of the professional services involved in the practice of architecture until registered as hereinbefore provided; and further provided, that the person shall notify the Board in writing that:
a. the person holds a National Council of Architectural Registration Boards certificate and is not currently registered in the jurisdiction, but will be present in the state for the purpose of offering to render architectural services,
b. the person will deliver a copy of such notice to every potential client to whom the applicant offers to render architectural services, and
c. the person promises to apply immediately to the Board for registration if selected as the architect for the project;
3. A person, who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in the jurisdiction, from seeking an architectural commission by participating in an architectural design competition for a project in the state; provided, that the person shall notify the Board in writing that:
a. the person holds a National Council of Architectural Registration Boards certificate and is not currently registered in the jurisdiction, but will be present in the state for the purpose of participating in an architectural design competition,
b. the person will deliver a copy of such notice to every person conducting an architectural design competition in which the applicant participates, and
c. the person promises to apply immediately to the Board for registration if selected as the architect for the project.
Added by Laws 1949, p. 388, § 2, emerg. eff. April 16, 1947. Amended by Laws 1986, c. 287, § 27, operative July 1, 1986. Renumbered from § 45.3a of this title by Laws 1986, c. 287, § 32, operative July 1, 1986. Amended by Laws 1998, c. 220, § 14, eff. July 1, 1998.
§59-46.22. Repealed by Laws 1998, c. 220, § 20, eff. July 1, 1998.
§59-46.23. Repealed by Laws 1998, c. 220, § 20, eff. July 1, 1998.
§59-46.24. Issuance of license - Qualifications - Examination - License certificate - Confidential records.
A. Except as otherwise provided in The State Architectural Act, no license shall be issued to any person to practice architecture in this state unless the person:
1. Is twenty-one (21) years of age or over and is of good moral character;
2. Is an actual bona fide resident of this state, except the Board may waive this requirement in the case of a bona fide resident of a foreign country or in any other case when the Board determines the applicant for a license is not seeking to avoid the requirements of the state of residence for a license;
3. Is the holder of an accredited professional degree in architecture and shall have had such practical training as the Board, by rule, shall deem appropriate. In lieu of the requirement of an accredited professional degree, the Board may register an applicant who demonstrates in accordance with such standards and requirements as the Board adopts by rule that the person has such other educational experience as the Board deems equivalent to an accredited professional degree in architecture;
4. Has paid to the secretary-treasurer a fee as prescribed by the rules of the Board plus the actual cost of the examination; and
5. Has passed the examinations prescribed by the Board for the issuance of a license.
B. Upon meeting the requirements of subsection A of this section and payment of an initial fee as may be prescribed by the rules of the Board, the secretary-treasurer shall issue to the applicant a license which shall authorize the applicant to engage in the practice of architecture in this state.
C. The examination for a license to practice architecture in this state shall be held not less than once each year, shall cover such subjects as may be prescribed by the Board and shall be graded on such basis as the Board shall prescribe by rule. The Board may adopt the examinations, requirements for admission to the examinations and the grading procedures of the National Council of Architectural Registration Boards. Notice of the time and place for the holding of examinations shall be given in the manner and form prescribed by the Board.
D. The license certificate shall be in a form prescribed by the Board. The certificate shall be signed by the chairman and by the secretary-treasurer of the Board and shall bear the impress of the seal of the Board. All papers received by the Board relating to an application for a license, to an examination and to the issuance of a license shall be retained by the Board for three (3) years.
E. The following Board records and papers are of a confidential nature and are not public records: Examination material for examinations before and after they are given, file records of examination problem solutions, letters of inquiry and reference concerning applicants, Board inquiry forms concerning applicants, and investigation files where any investigation is still pending.
Added by Laws 1947, p. 350, § 11, emerg. eff. April 16, 1947. Amended by Laws 1980, c. 314, § 9, eff. July 1, 1980; Laws 1981, c. 320, § 3; Laws 1983, c. 21, § 1, operative July 1, 1983; Laws 1986, c. 154, § 5, eff. July 1, 1986; Laws 1986, c. 287, § 12, operative July 1, 1986. Renumbered from § 45.11 of this title by Laws 1986, c. 287, § 32, operative July 1, 1986. Amended by Laws 1998, c. 220, § 15, eff. July 1, 1998.
§59-46.25. Seal of architect.
Each licensed architect shall have a seal, the image of which must contain the name of the architect, the person's place of business and the words, "Licensed Architect, State of Oklahoma".
All technical submissions prepared by such architect, or under the responsible control of the architect, shall be stamped with the impression of the seal, which shall mean that the architect was in responsible control over the content of such technical submissions during their preparation and has applied the required professional standard of care. No registered architect may sign or seal technical submissions unless they were prepared by or under the responsible control of the architect; except that:
1. The person may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are registered under The State Architectural Act if the architect has reviewed and adapted in whole or in part such portions and has either coordinated their preparation or integrated them into the work; and
2. The person may sign or seal those portions of the technical submissions that are not required to be prepared by or under the responsible control of an architect if the architect has reviewed and adapted in whole or in part such submissions and integrated them into the work. The seal may be a rubber stamp or may be generated electronically, pursuant to rules adopted by the Board.
Added by Laws 1947, p. 353, § 19, emerg. eff. April 16, 1947. Amended by Laws 1986, c. 287, § 19, operative July 1, 1986. Renumbered from § 45.19 of this title by Laws 1986, c. 287, § 32, operative July 1, 1986. Amended by Laws 1998, c. 220, § 16, eff. July 1, 1998.
§5946.26. Acceptance of compensation from other than client Unlawful.
It shall be unlawful for an architect to accept or to receive compensation, directly or indirectly, from another than his client in connection with the reparation, alteration or construction of a building or structure in relation to which he shall have accepted employment in any manner.
Laws 1947, p. 354, § 20. Renumbered from § 45.20 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§5946.27. Prohibition against bidding as a contractor.
It shall be unlawful for an architect, at any time, to bid for a contract for the reparation, alteration or erection of a building or other structure for which he has prepared the plans and specifications.
Added by Laws 1947, p. 354, § 21, emerg. eff. May 20, 1941. Renumbered from § 45.21 of this title by Laws 1986, c. 287, § 32, operative July 1, 1986.
§5946.28. Scope of act.
The State Architectural Act shall not require the registration of practitioners of the following professions and occupations:
1. A professional civil engineer, as defined in Section 475.2 of this title, certified to practice his profession in this state under any act to regulate the practice of that profession. Nothing contained in The State Architectural Act shall be construed as precluding an architect or engineer from performing services included within the definition of "landscape architecture" when incidental to the performance of his normal practice as an architect or engineer;
2. A landscape contractor building or installing what was designed by a landscape architect;
3. An agriculturist, horticulturist, forester as defined in Section 1202 of this title, nursery operator, gardener, landscape gardener, garden or lawn caretaker and grader or cultivator of land involved in the selection, placement, planting and maintenance of plant material;
4. Persons who act under the supervision of a registered landscape architect or an employee of a person lawfully engaged in the practice of landscape architecture and who, in either event, does not assume responsible charge of design or supervision;
5. Regional planners or urban planners, who evaluate and develop land-use plans to provide for community and municipal projections of growth patterns based on demographic needs;
6. A landscape designer or contractor whose business is to consult and prepare plans and specifications with respect to choosing types of plants and planning the location thereof and the design of landscapes for those projects or whose work is limited to projects for a single-family residential home. Landscape design or installation work may also be performed by an owner or occupant on the single-family residence of the owner or occupant;
7. Persons other than landscape architects who prepare details and shop drawings for use in connection with the execution of their work;
8. Builders or their superintendents in the supervision of landscape architectural projects; and
9. Persons in the occupations set forth in this section shall not use the title "landscape architect" or hold themselves out to practice "landscape architecture" without complying with the provisions of The State Architectural Act and the rules and regulations of the Board.
Added by Laws 1980, c. 314, § 14, eff. July 1, 1980. Amended by Laws 1986, c. 287, § 20, operative July 1, 1986. Renumbered from § 45.27 of this title by Laws 1986, c. 287, § 32, operative July 1, 1986. Amended by Laws 2005, c. 77, § 2, eff. July 1, 2005.
§5946.29. Registration certificate required.
No person shall practice landscape architecture in this state, or use the title "landscape architect" on any sign, title, card or device to indicate that such person is practicing landscape architecture or is a landscape architect, unless such person shall have secured from the Board a registration certificate.
Laws 1980, c. 314, § 16, eff. July 1, 1980. Amended by Laws 1986, c. 154, § 11, eff. July 1, 1986. Renumbered from § 45.29 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§5946.30. Registration of landscape architects Issuance of certificate.
The Board shall register, as a landscape architect, each applicant who demonstrates to the satisfaction of the Board his fitness for such registration as provided in this act.
The Board shall issue to each individual registered a certificate of qualification and the right to use the title "landscape architect", and to practice landscape architecture in the state.
Laws 1980, c. 314, § 18, eff. July 1, 1980. Amended by Laws 1986, c. 154, § 13, eff. July 1, 1986. Renumbered from § 45.31 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§59-46.31. Examination.
A. Any person of good moral character who is a legal resident of the State of Oklahoma and who is twenty-one (21) years of age or older, with a degree from an approved landscape architecture program and upon completion of practical training as the Board, by rule, shall deem appropriate, whose application has been approved by the Board, and who has fulfilled such other requirements as determined by The State Architectural Act and the rules of the Board, upon the payment to the secretary-treasurer of a fee as prescribed by the rules of the Board, plus an amount to be determined by the Board, equal to the cost of the examination, may take an examination for the purpose of securing a license to practice landscape architecture in this state. Examinations shall be held not less than once each year by the Board or by a committee appointed by it to do so. Notice of the time and place of the holding of examinations shall be given in manner and form as prescribed by the Board.
B. The Board shall establish rules for examination of landscape architects and may elect to follow the recommendations of the Council of Landscape Architects Registration Board (CLARB). The examinations shall be designed to determine the qualifications of the applicant to practice landscape architecture. The examination shall cover such technical, professional and practical subjects as relate to the practice of the profession of landscape architecture. The examination shall also cover the basic arts and sciences, a knowledge of which is material and necessary to the proper understanding, application and qualification for practice of the profession of landscape architecture. The minimum passing grade in all subjects of the examination shall be as established by the Board. An applicant receiving a passing grade on a subject included in the examination will be given credit for that subject. Applicants for readmittance to the examination shall pay the full examination fee for each testing.
Upon passage of the examination, completion of the Board's requirements as prescribed by rules, and the payment of a sum as prescribed by the rules of the Board, the secretary-treasurer shall issue to the applicant a license certificate which shall authorize the person to engage in the practice of landscape architecture in this state.
C. Pursuant to such rules as it may have adopted, the Board shall have the power to issue licenses without requiring an examination to persons who have been licensed to practice landscape architecture in states other than the State of Oklahoma, in a territory of the United States, in the District of Columbia, or in a country other than the United States provided that the state, territory, district or country has a similar reciprocal provision to authorize the issuance of licenses to persons who have been licensed in this state. If a person who has been licensed in a state other than the State of Oklahoma, or in a territory of the United States, in the District of Columbia, or in a country other than the United States complies with the rules of the Board, the secretary-treasurer, upon the order of the Board in the exercise of its discretion and upon the receipt of the stated fee by the secretary-treasurer pursuant to the rules of the Board, shall issue to said person a license to practice landscape architecture in this state.
Added by Laws 1980, c. 314, § 19, eff. June 14, 1980. Amended by Laws 1986, c. 154, § 14, eff. July 1, 1986; Laws 1986, c. 287, § 21, operative July 1, 1986. Renumbered from § 45.32 of this title by Laws 1986, c. 287, § 32, operative July 1, 1986. Amended by Laws 1998, c. 220, § 17, eff. July 1, 1998.
§59-46.32. Practice of landscape architecture.
A. The privilege of engaging in the practice of landscape architecture is personal, based upon the qualifications of the individual evidenced by the individual's registration and is not transferable. All final drawings, specifications, plans, reports or other papers or documents involving the practice of landscape architecture, as defined when issued or filed for public record, shall be dated and bear the signature and seal of the landscape architect or landscape architects who prepared or approved same.
B. The practice of landscape architecture for others by individual landscape architects registered under this act through a corporation, partnership, firm, association, limited liability company or limited liability partnership or by a corporation, partnership or firm through individual landscape architects registered under this act is permitted; provided, however:
1. One or more of the partners, directors, officers, shareholders, managers, members or principals of said partnership, firm, association, corporation, limited liability company or limited liability partnership are designated as being responsible for the landscape architectural activities and decisions of said partnership, firm, association, corporation, limited liability company or limited liability partnership;
2. Such partnership, director, officer, shareholder, manager, member or principal is duly licensed or registered under The State Architectural Act;
3. All personnel of said partnership, firm, association, corporation, limited liability company or limited liability partnership who act in its behalf as landscape architects practicing landscape architecture in the state are registered under The State Architectural Act; and
4. Said partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of authority by the Board.
Added by Laws 1980, c. 314, § 21, eff. July 1, 1980. Amended by Laws 1986, c. 154, § 15, eff. July 1, 1986. Renumbered from § 45.34 of this title by Laws 1986, c. 287, § 32, operative July 1, 1986. Amended by Laws 1998, c. 220, § 18, eff. July 1, 1998.
§5946.33. Restoration of registration certificate Application.
The Board may restore a registration certificate to any person whose registration has lapsed or has been revoked or suspended. Application for the reissuance of a registration certificate and fees shall be made in such manner as the Board may direct.
Laws 1980, c. 314, § 27, eff. July 1, 1980. Amended by Laws 1986, c. 154, § 20, eff. July 1, 1986; Laws 1986, c. 287, § 23, operative July 1, 1986. Renumbered from § 45.40 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§5946.34. Seal of landscape architect.
(1) For the purpose of sealing and signing all final drawings, plans, specifications, reports, and other contract documents, each registered landscape architect shall obtain a seal as specified by the Board to be used on documents prepared by or under the landscape architect's supervision. The seal will imprint the name and a registration number of the landscape architect. Firms consisting of more than one registered landscape architect may use a single seal identifying a principal corporate director or partner as being personally responsible for the professional services provided.
(2) The application of the seal impression and the genuine signature of the landscape architect across the seal impression on the first sheet of bound sets of drawings, with index of drawings included, title page of specifications, and other drawings and contract documents, shall constitute the registered landscape architect's seal and signature.
(3) A rubber stamp facsimile of the seal and the genuine signature of the landscape architect may be applied to tracings to produce legible reproduction of the drawings or to reprints made from the tracings. This provision, however, does not in any manner modify the requirements of subsection (2) of this section.
(4) No such seal shall permit a landscape architect to practice architecture, engineering or land surveying, except that which is incidental to the practice of landscape architecture. No landscape architect shall permit his seal to be affixed to any plans, specifications or drawings if such portions thereof as are involved in the practice of his particular profession were not prepared by or under the landscape architect's personal and direct supervision by a regularly employed subordinate.
Laws 1980, c. 314, § 28, eff. July 1, 1980. Amended by Laws 1986, c. 154, § 21, eff. July 1, 1986; Laws 1986, c. 287, § 24, operative July 1, 1986. Renumbered from § 45.41 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§5946.35. Unlawful compensation.
It shall be unlawful for a landscape architect to accept or to receive compensation, directly or indirectly, from any person other than the client in connection with the reparation, alteration or construction of a project in relation to which the landscape architect shall have accepted employment in any manner.
Laws 1980, c. 314, § 30, eff. July 1, 1980. Renumbered from § 45.43 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§59-46.36. Unlawful bid for construction project.
It shall be unlawful for a landscape architect, at any time, to bid for a contract for the reparation, alteration or construction of a project for which the landscape architect has prepared construction documents.
Added by Laws 1980, c. 314, § 31, eff. July 1, 1980. Renumbered from § 45.44 of this title by Laws 1986, c. 287, § 32, operative July 1, 1986. Amended by Laws 1998, c. 220, § 19, eff. July 1, 1998.
§5946.37. Construction of act.
If any section of this act shall be declared unconstitutional for any reason, the remainder of this act shall not be affected thereby.
Laws 1947, p. 354, § 24. Renumbered from § 45.24 by Laws 1986, c. 287, § 32, operative July 1, 1986.
§5961.1. Rules - Powers of State Department of Health - Suspension, revocation or refusal to issue or renew license.
A. Except as provided in subsection B of Section 61.4 of this title, the State Board of Health is hereby authorized to promulgate rules which govern the examining and licensing of barbers, barber apprentices, barber instructors, and barber colleges; the defining of categories and limitations for such licenses; the sanitary operation and sanitation of barber shops and barber colleges; and the establishment and levying of administrative fines not to exceed Fifty Dollars ($50.00) for those licensed and not to exceed Five Hundred Dollars ($500.00) for those not licensed. Each day a violation continues shall be a separate offense.
B. Except as provided in subsection B of Section 61.4 of this title, the State Department of Health shall have the power and duty to implement the rules of the State Board of Health, to issue and renew annual barber, barber apprentice, barber instructor and barber college licenses, to inspect barber licenses, and to inspect the sanitary operating practices of barbers and the sanitary condition of barber shops and barber colleges.
C. The State Department of Health may suspend, revoke, or refuse to issue or renew any barber, barber instructor, barber apprentice, or barber college license for:
1. Unsanitary operating practices or unsanitary conditions of barber shops or barber colleges;
2. Unsanitary practices of barbers, apprentice barbers, or barber instructors;
3. Making a material misstatement in the application for a license, in the renewal of a license, or in the records which are maintained by barber instructors or colleges to comply with Sections 61.1 through 61.6 of this title or the regulations promulgated pursuant thereto; or
4. Employment of an unlicensed person as a barber, barber apprentice, or barber instructor.
Added by Laws 1985, c. 183, § 1, eff. July 1, 1985. Amended by Laws 1992, c. 87, § 1, eff. July 1, 1992; Laws 1996, c. 318, § 4, eff. July 1, 1996; Laws 2002, c. 93, § 1, eff. Nov. 1, 2002.
§5961.2. License fees.
Fees for licenses issued by the State Department of Health to practice barbering as adopted by the State Board of Health pursuant to Section 1106.1 of Title 63 of the Oklahoma Statutes shall not be less than:
Barber College $200.00 per year
Barber Apprentice $10.00 per year
Barber Examination Fee $35.00 per exam
Barber Instructor License Fee $50.00 per year
Barber Instructor Examination Fee $50.00 per year
Barber License Fee $25.00 per year
Barber License Renewal after Expiration $50.00 per year
Barber Instructor License Renewal
After Expiration $75.00 per year
Added by Laws 1985, c. 183, § 2, eff. July 1, 1985. Amended by Laws 1992, c. 87, § 2, eff. July 1, 1992.
§5961.3. Oklahoma Barber Licensing Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Oklahoma Barber Licensing Revolving Fund". All unexpended funds within the State Board of Barber Examiners revolving fund provided for in Section 155 of Title 62 of the Oklahoma Statutes shall be transferred to the Oklahoma Barber Licensing Revolving Fund. All property, records, and any outstanding financial obligations and encumbrances of the State Board of Barber Examiners are hereby transferred to the State Department of Health.
All personnel of the State Board of Barber Examiners shall be transferred to the State Department of Health at the same salary such personnel is receiving on June 30, 1985.
Added by Laws 1985, c. 183, § 3, eff. July 1, 1985.
§59-61.4. State Barber Advisory Board.
A. The State Barber Advisory Board is hereby re-created until July 1, 2009, in accordance with the Oklahoma Sunset Law which shall consist of five (5) members consisting of four barbers and one lay member. Each member of the State Barber Advisory Board shall be appointed by the Governor and serve at the pleasure of the Governor for a term coterminous with that of the Governor. Provided, each member may continue to serve after the expiration of the member's term until such time as a successor is appointed. The State Barber Advisory Board shall advise the State Board of Health concerning rules and shall advise and assist the State Department of Health in administering this act.
B. The State Barber Advisory Board shall develop and administer the examination for licensure as a barber.
Added by Laws 1985, c. 183, § 4, eff. July 1, 1985. Amended by Laws 1991, c. 37, § 1, emerg. eff. April 3, 1991; Laws 1996, c. 318, § 5, eff. July 1, 1996; Laws 1997, c. 37, § 1; Laws 2003, c. 11, § 1.
§5961.5. Practice of barbering defined.
Any one or any combination of the following practices, when done upon the upper part of the human body for cosmetic purposes and when done for payment either directly or indirectly for the general public, constitutes the practice of barbering, to wit: Shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatment with oils, creams, lotions or other preparations, either by hand or mechanical appliances; singeing, shampooing or dyeing the hair or applying hair tonics; applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or upper part of the body; and removing superfluous hair from the face, neck or upper part of the body.
Laws 1931, p. 38, § 10. Renumbered from § 70 by Laws 1985, c. 183, § 5.
§5961.6. Board of Barber Examiners - Licenses.
Any person practicing the trade of barber, barber instructor, or apprentice barber, without having at the time a valid, unrevoked certificate, as provided in this act, or any person who as owner, lessee, manager, or in any other supervisory capacity, employs a person practicing the trade of barber, barber instructor, or apprentice barber without such person having a valid, unrevoked certificate as a barber, barber instructor, or apprentice barber, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined not to exceed One Hundred Dollars ($100.00), and each day of such practice, or each day such unlicensed person is so employed, shall constitute a separate offense. All fines under the provisions of this section shall be paid into the common school fund of the county wherein the conviction is had.
Laws 1931, p. 38, § 9; Laws 1937, p. 53, § 1. Renumbered from § 69 by Laws 1985, c. 183, § 5. Amended by Laws 1992, c. 87, § 3, eff. July 1, 1992.
§59-89.1. Repealed by Laws 1985, c. 183, § 6, eff. July 1, 1985.
§59-89.2. Repealed by Laws 1985, c. 183, § 6, eff. July 1, 1985.
§59-89.3. Repealed by Laws 1985, c. 183, § 6, eff. July 1, 1985.
§59135.1. Short title.
Sections 135.1 through 160.2 of this title shall be known and may be cited as the "Podiatric Medicine Practice Act".
Laws 1983, c. 138, § 1, operative July 1, 1983; Laws 1993, c. 150, § 1, eff. Sept. 1, 1993.
§59136. Definitions.
As used in the Podiatric Medicine Practice Act, these words, phrases or terms, unless the context otherwise indicates, shall have the following meanings:
1. "Accredited college of podiatric medicine" means a podiatric medicine educational institution which confers the degree of Doctor of Podiatric Medicine (D.P.M.), or its equivalent, and meets all of the requirements for accreditation by the Council on Podiatric Medical Education of the American Podiatric Medical Association, Inc.;
2. "Board" means the Board of Podiatric Medical Examiners;
3. "Oklahoma Podiatric Medical Association" means the Oklahoma Podiatric Medical Association, Inc., a nonprofit corporation organized and existing under the laws of this state for the association of podiatric physicians and for the advancement of the profession of podiatric medicine; and
4. "Podiatric physician", "doctor of podiatric medicine" and "podiatrist" are synonymous and mean a person duly licensed pursuant to the laws of this state to practice podiatric medicine.
5. "Code of Ethics" means the Code of Ethics of the American Podiatric Medical Association, as currently adopted, or as hereinafter amended by said Association.
Laws 1955, p. 308, § 1, emerg. eff. May 23, 1955; Laws 1983, c. 138, § 2, operative July 1, 1983; Laws 1993, c. 150, § 2, eff. Sept. 1, 1993.
§59137. Board of Podiatric Medical Examiners - Membership Qualifications - Terms Removal.
A. A Board of Podiatric Medical Examiners is hereby recreated, to continue until July 1, 2011, in accordance with the provisions of the Oklahoma Sunset Law. Said Board shall regulate the practice of podiatric medicine in this state in accordance with the provisions of the Podiatric Medicine Practice Act. The Board, appointed by the Governor, shall be composed of five (5) podiatric physicians licensed to practice podiatric medicine in this state and one (1) lay member representing the public.
B. Each podiatric physician member of the Board shall:
1. Be a legal resident of this state;
2. Have practiced podiatric medicine continuously in this state during the three (3) years immediately preceding his appointment to the Board;
3. Be free of pending disciplinary action or active investigation by the Board; and
4. Be a member in good standing of the American Podiatric Medical Association and of the Oklahoma Podiatric Medical Association.
C. The lay member of the Board shall:
1. Be a legal resident of this state;
2. Not be a registered or licensed practitioner of any of the healing arts or be related, within the third degree of consanguinity or affinity, to any such person; and
3. Participate in Board proceedings only for the purposes of:
a. reviewing, investigating and disposing of written complaints regarding the conduct of podiatric physicians; and
b. formulating, adopting and promulgating rules pursuant to Article I of the Administrative Procedures Act.
D. Except as provided in subsection E of this section, the term of office of each podiatric physician member of the Board shall be five (5) years, with one such member being appointed to the Board each year. The lay member of the Board shall serve a term coterminous with that of the Governor. Each member shall hold office until the expiration of the term for which appointed or until a qualified successor has been duly appointed. An appointment shall be made by the Governor within ninety (90) days after the expiration of the term of any member, or the occurrence of a vacancy on the Board due to resignation, death, or any other cause resulting in an unexpired term. The appointment of the podiatric physician members shall be made from a list of not less than five persons submitted annually to the Governor by the Oklahoma Podiatric Medical Association.
E. Each of the three podiatric physician members of the Board, serving on the effective date of this act, shall complete the term of office for which he was appointed, and the successor to each such member shall be appointed for a term of five (5) years. Within sixty (60) days after the effective date of this act, the Governor shall appoint two new podiatric physician members to the Board, one for a term expiring July 1, 1997, and one for a term expiring on July 1, 1998. The successor to each such new member shall be appointed for a term of five (5) years.
F. Before assuming his duties on the Board, each member shall take and subscribe to the oath or affirmation provided in Article XV of the Oklahoma Constitution, which oath or affirmation shall be administered and filed as provided in said article.
G. A member may be removed from the Board by the Governor for cause which shall include, but not be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competent jurisdiction of a felony or of any offense involving moral turpitude;
3. Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in relation to his Board duties;
4. Being found mentally incompetent by a court of competent jurisdiction;
5. Being found in violation of any provision of the Podiatric Medicine Practice Act; or
6. Failing to attend three consecutive meetings of the Board without just cause, as determined by the Board.
Added by Laws 1955, p. 308, § 2, emerg. eff. May 23, 1955. Amended by Laws 1983, c. 138, § 3, operative July 1, 1983; Laws 1988, c. 225, § 7; Laws 1993, c. 150, § 3, eff. Sept. 1, 1993; Laws 1999, c. 20, § 1; Laws 2005, c. 27, § 1.
NOTE: Laws 1993, c. 4, § 1 repealed by Laws 1993, c. 360, § 17.
§59138. Application of act.
Nothing in this act shall apply to any medical doctor, osteopath, or chiropractor licensed as such under the laws of this state, now or hereafter.
Laws 1955, p. 308, § 3.
§59-139. Board of Podiatric Medical Examiners - Organization - Meetings - Compliance with other acts - Bonding -
Tort claims.
A. The Board of Podiatric Medical Examiners shall organize annually at the last regularly scheduled meeting of the Board before the beginning of the next fiscal year by electing from among its members a president, a vice-president, and a secretary-treasurer. The term of office of each officer shall be for the following fiscal year and until a successor is elected and qualified. The duties of each officer shall be prescribed in the rules of the Board.
B. The Board may hold such regularly scheduled meetings, special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be expedient or necessary. A majority of the Board shall constitute a quorum for the transaction of business.
C. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the Administrative Procedures Act.
D. All members of the Board and such employees as determined by the Board shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
E. The responsibilities and rights of any member or employee of the Board who acts within the scope of Board duties or employment shall be governed by the Governmental Tort Claims Act.
Added by Laws 1955, p. 308, § 4. Amended by Laws 1997, c. 222, § 1, eff. Nov. 1, 1997.
§59140. Employees of Board Prosecutions Materials and supplies Bonds Seal.
The Board of Podiatric Medical Examiners may:
1. Employ, contract with, and direct stenographic, clerical, and secretarial help and investigators and attorneys to assist it and its officers in observing and performing under the applicable laws and to help carry out and enforce the applicable laws;
2. Gather and present to district attorneys of this state evidence which it believes shows violations of the applicable laws, and, among other purposes authorized by law, it may use attorneys it employs to assist district attorneys (but only with their consent) in the prosecution of such violations, and also to represent it in any court;
3. Discharge any person it employs, but this provision shall not be interpreted as authorizing it to fail in any way to observe and perform its lawful contracts;
4. Contract for and purchase or rent books, stationery, forms, postage, equipment, other materials and supplies, and furniture and it may rent or lease office space or other quarters; however the compensation of those it employs or with whom it contracts and the consideration it owes under its contracts and its other costs, expenses and liabilities of whatever nature shall never be a charge against the State of Oklahoma, except that the Board may cause payment for all thereof to be made from the Board of Podiatric Medical Examiners' Revolving Fund insofar as there are from time to time amounts in said fund for such purposes;
5. Require fidelity bonds of those it employs; and
6. Adopt a seal and use the same by impression in addition to the signature of the Board wherever its signature is permitted or required.
Laws 1955, p. 309, § 5, emerg. eff. May 23, 1955; Laws 1993, c. 150, § 4, eff. Sept. 1, 1993.
§59141. Powers and duties.
The Board of Podiatric Medical Examiners shall have the power and duty to:
1. Regulate the practice of podiatric medicine;
2. Promulgate the rules that may be necessary to implement and enforce the Podiatric Medicine Practice Act;
3. Set license and examination fees required by the Podiatric Medicine Practice Act;
4. Receive fees and deposit said fees with the State Treasurer in the Board of Podiatric Medical Examiners' Revolving Fund;
5. Issue, renew, revoke, deny, and suspend licenses to practice podiatric medicine;
6. Examine all qualified applicants for licenses to practice podiatric medicine;
7. Investigate complaints and hold hearings;
8. Adopt and establish rules of professional conduct, which shall apply to every person who practices podiatric medicine in this state;
9. Set educational requirements for licensure; and
10. Perform such other duties, exercise such other powers, and employ such personnel as is required by the provisions of the Podiatric Medicine Practice Act.
Laws 1955, p. 309, § 6, emerg. eff. May 23, 1955; Laws 1983, c. 138, § 4, operative July 1, 1983; Laws 1993, c. 150, § 5, eff. Sept. 1, 1993.
§59142. Acts constituting practice of podiatric medicine - Exceptions.
A. Podiatric medicine is that profession of the health sciences concerned with the diagnosis and treatment of conditions affecting the human foot and ankle, including the local manifestations of systemic conditions, by all appropriate systems and means.
B. Any one or more of the following shall be deemed to be practicing podiatric medicine:
1. In any way examining, diagnosing, recommending for, prescribing for, caring for or treating in this state ailments, diseased conditions, deformities or injuries of the human foot and ankle, whether or not done directly thereon;
2. Massage or adjustment in connection with such examining, diagnosing, recommending, prescribing, treating, or caring for;
3. Fitting, building, or otherwise furnishing pads, inserts, appliances, inlays, splints, or supports, or giving or using medicament or anesthetics in connection with such examining, diagnosing, recommending, prescribing, treating, caring for, or fitting; and
4. Offering in this state to any person to do or cause to be done, or attempting in this state to do or cause to be done, any or all of the foregoing.
C. The provisions of the Podiatric Medicine Practice Act shall not apply to:
1. The sale of proprietary or patented foot remedies, pads, supports or corrective shoes;
2. The fitting or recommending of appliances, devices, or shoes for the prevention, correction, or relief of foot ailments or troubles, by regularly established retail dealers or their regular salesmen, not holding themselves out to the public as podiatric physicians under the terms of this act; or
3. A person providing services or assistance in case of an emergency if no fee or other consideration is contemplated, charged, or received.
Laws 1955, p. 310, § 7, emerg. eff. May 23, 1955; Laws 1993, c. 150, § 6, eff. Sept. 1, 1993; Laws 1994, c. 105, § 1, eff. Sept. 1, 1994.
§59143. Unlawful practices Penalty.
A. It shall be unlawful for:
1. Any person to practice or attempt to practice podiatric medicine in this state as defined by the applicable laws or as otherwise defined, or to hold himself out to the public in this state as a podiatric physician, doctor of podiatric medicine, podiatrist, foot doctor or foot specialist without having first obtained a license to practice podiatric medicine from the Board of Podiatric Medical Examiners, or after his license to practice podiatric medicine has been revoked, or while such license is under suspension. Provided, however, an applicant for a license by examination who has successfully passed the examination administered by the Board may practice podiatric medicine to the extent necessary to enable him to observe and assist a podiatric physician, as an intern, preceptee or resident, if while so doing he complies with all of the rules of the Board;
2. A podiatric physician to practice as such at any time when his license is not conspicuously displayed in his place of regular practice;
3. Any person to knowingly represent in any manner in this state, either publicly or privately, that another person is a licensed podiatric physician, doctor of podiatric medicine, podiatrist, foot doctor or foot specialist, or is capable of examining, diagnosing, recommending for, prescribing for, caring for, or treating in this state ailments, diseased conditions, deformities, or injuries of the human foot, unless such other person at the time of such representation is a licensed podiatric physician; and
4. Any podiatric physician to violate any provision of the Podiatric Medicine Practice Act or the rules of the Board.
B. Any person who does any one or more of the things made unlawful by subsection A of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Each day of such violation shall constitute a separate and distinct offense.
Laws 1955, p. 311, § 8, emerg. eff. May 23, 1955; Laws 1993, c. 150, § 7, eff. Sept. 1, 1993.
§59-144. Examinations - Qualification of applicants - Fees - Licenses.
A. The fee for examination for a license to practice podiatric medicine in this state shall be One Hundred Dollars ($100.00). The Board of Podiatric Medical Examiners may increase this fee by not more than an additional Two Hundred Dollars ($200.00). The examination for such license shall be given by the Board. The Board may give the examination at any special meeting, but shall not be required to do so.
B. To be entitled to take the examination, a person shall:
1. File a written application on a form prescribed by the Board;
2. Pay to the secretarytreasurer of the Board in advance the fee for examination;
3. Satisfy the Board that the person is loyal to the United States of America;
4. Be more than twenty-one (21) years of age;
5. Be of good moral character;
6. Not have been finally convicted of any crime involving moral turpitude or of any felony;
7. Be free from contagious or infectious disease;
8. Be a graduate of an accredited college of podiatric medicine; and
9. Have complied with applicable Board rules.
C. An applicant satisfying the requirements of subsection B of this section shall receive a license to practice podiatric medicine in this state, to be issued by the Board, if the applicant:
1. Takes the examination administered by the Board and receives a passing score of at least seventy-five percent (75%) on both the written and oral portions. An applicant receiving less than a score of seventy-five percent (75%) on either the written or oral portion of the examination shall be deemed to have failed the entire examination;
2. Satisfactorily completes a podiatric surgical residency, approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association, of not less than three hundred sixty-five (365) days; and
3. Satisfies the Board that the applicant has not violated any of the provisions of the Podiatric Medicine Practice Act or any of the rules of the Board.
D. The examination administered by the Board shall include both a written and an oral portion, shall be administered in the English language, and shall cover areas in anatomy, pathology, podiatric medicine and surgery, dermatology, pharmacology, biomechanics, anesthesia, radiology, Oklahoma law relating to podiatric medicine, and such other subjects as the Board from time to time determines necessary and appropriate. The Board may authorize examination papers to be graded by one or more of its own members or by any one or more licensed podiatric physicians selected by the Board. Each license issued by the Board shall be signed by each member of the Board, bear the seal of the Board, and designate the licensee as a licensed podiatric physician.
Added by Laws 1955, p. 311, § 9, emerg. eff. May 23, 1955. Amended by Laws 1990, c. 163, § 1, eff. Sept. 1, 1990; Laws 1993, c. 150, § 8, eff. Sept. 1, 1993; Laws 2002, c. 118, § 1, eff. Nov. 1, 2002.
§59145. Renewal of licenses Fees Suspension on nonpayment Reinstatement Records.
A. Each license to practice podiatric medicine heretofore issued which remains effective under the provisions of this act and each such license issued hereafter pursuant to law shall entitle the licensee, subject to law, to practice podiatric medicine in this state as defined by law and to hold himself out as a licensed podiatric physician, doctor of podiatric medicine or podiatrist from the date of issuance thereof until the following July 1, and as long as lawfully renewed, unless suspended or revoked as authorized by law.
B. Upon such application therefor, if any, as the Board of Podiatric Medical Examiners requires from time to time, and upon first satisfying the Board that he is not at the time violating any applicable law or any of the rules of the Board which are applicable to him or the Code of Ethics, and upon the payment in advance to the secretarytreasurer of the Board of the annual renewal fee required by law and the rules of the Board, and upon showing proof of compliance with Section 145.1 of this title, a licensee shall be entitled to have his license to practice podiatric medicine renewed annually on or before July 1 of each year, upon which date such annual renewal fee shall become due and owing.
C. A licensed podiatric physician who does not so satisfy the Board and pay the annual renewal fee required by law and the rules of the Board, in the time and manner required thereby, shall cease to be entitled to have such license renewed. If not paid on or before September 30 immediately following July 1, the annual renewal fee shall become delinquent and the license shall be automatically suspended and not entitled to renewal thereafter, though it may be reinstated as provided by law and the rules of the Board. Upon such suspension, all the rights of the licensee by virtue of the license shall be suspended and cease and shall remain suspended unless or until the license is reinstated as authorized by law, and the rules of the Board. The license shall be renewed by the Board upon the payment of the delinquent annual renewal fee, without penalty, between July 1 and September 30 immediately following, if, and only if, the licensee first satisfies the Board that during the then immediately preceding twelve (12) months he did not violate, and that at the time he is not violating, any applicable law or the Code of Ethics or any of the rules of the Board which are applicable to him; and the renewal, if granted by the Board, shall operate to remove the suspension aforesaid. After that September 30 and on or before the close of the next following June 30, and upon such application therefor, if any, as the Board requires, and upon first satisfying the Board that during the then immediately preceding twelve (12) months he did not violate, and at the time is not violating, any applicable law or the Code of Ethics or any of the rules of the Board which are applicable to him, a licensee shall be entitled to have his license to practice podiatric medicine reinstated, upon the payment first of the delinquent annual renewal fee, plus such penalty additional as the Board imposes, not to exceed in all four times the delinquent fee; and the reinstatement shall operate to reinstate the license and remove such suspension. But such a license to practice podiatric medicine not so reinstated in such time shall become void at the close of that June 30; and thereafter it shall not be renewed or reinstated.
D. The annual renewal fee shall be such sum as the Board from time to time sets. Upon the timely payment of the annual renewal fee or the reinstatement fee, as the case may be, the secretarytreasurer of the Board shall issue and mail to the licensee such certificate of renewal or reinstatement as the Board shall direct, which when so mailed shall operate to renew or reinstate the license, as the case may be, for the period ending at the close of the immediately following July 1, after which it must be renewed again or be reinstated in the same time and manner to continue effective.
E. The secretarytreasurer of the Board shall keep a license record showing each license issued by the Board, the name and last mailing address furnished to said secretarytreasurer by each licensee, the year of issuance of the license, whether by examination or otherwise, the renewals, reinstatements, suspensions and revocations thereof, and the fact as to whether the license be in force or suspended or void. Such record as to any license, or a copy thereof certified to by said secretarytreasurer as complete and true as to the license in question, shall constitute prima facie evidence of the recitals therein and the fact disclosed thereby as to whether the license described is in force or suspended or void.
Laws 1955, p. 312, § 10, emerg. eff. May 23, 1955; Laws 1979, c. 81, § 1; Laws 1993, c. 150, § 9, eff. Sept. 1, 1993.
§59145.1. Continuing education requirement for renewal of license Exemptions.
A. Thirty (30) hours of continuing education shall be required for renewal of an individual license to practice podiatric medicine in this state. This must be obtained in the twelvemonth period immediately preceding the year for which the license is to be issued. The continuing education required by this section shall be any of the following:
1. Education presented by an organization approved by the Council on Continuing Education of the American Podiatric Medical Association;
2. A national, state or county podiatric medical association meeting approved by the Board of Podiatric Medical Examiners;
3. Hospital-sponsored scientific programs approved by the Board; or
4. Three (3) hours of continuing education credit may be obtained by attending meetings and hearings of the Board.
At least fifteen (15) hours of the required thirty (30) hours must be obtained in this state.
B. Any practitioner not so satisfying the Board of the fulfillment of the continuing education requirements required by subsection A of this section shall cease to be entitled to have such license renewed.
C. Any practitioner fully retired from the practice of podiatric medicine shall be exempt from compliance with the requirements imposed by subsection A of this section. However, upon resuming the practice of podiatric medicine, the individual shall fulfill such requirements which have accrued from the effective date of this act to the time of resumption of practice.
Laws 1979, c. 81, § 2; Laws 1993, c. 150, § 10, eff. Sept. 1, 1993.
§59-146. Repealed by Laws 1990, c. 163, § 7, eff. Sept. 1, 1990.
§59-147. Penalties - Guidelines.
A. The Board of Podiatric Medical Examiners is authorized, after notice and opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a podiatric physician has committed any of the acts or occurrences set forth in Section 148 of this title:
1. Disapproval of an application for a renewal license;
2. Suspension of a license issued by the Board for a maximum period of three (3) years;
3. Revocation of a license issued by the Board;
4. An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation;
5. A censure or reprimand;
6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;
7. Restriction of the practice of a podiatric physician under such terms and conditions as deemed appropriate by the Board; and
8. Payment of costs associated with a disciplinary proceeding.
B. The Board may, by rule, establish guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include:
1. Minimum and maximum administrative fines;
2. Periods of suspension, probation or supervision;
3. Terms and conditions of probation; and
4. Terms and conditions for the reinstatement of a license.
C. The Board is authorized to issue a confidential letter of concern to a podiatric physician when, though evidence does not warrant initiation of an individual proceeding, the Board has noted indications of possible errant conduct by the podiatric physician that could lead to serious consequences and formal action by the Board.
D. A podiatric physician against whom a penalty is imposed by an order of the Board pursuant to the provisions of this section shall have the right to seek a judicial review of such order pursuant to Article II of the Administrative Procedures Act.
Added by Laws 1955, p. 313, § 12, emerg. eff. May 23, 1955. Amended by Laws 1993, c. 150, § 11, eff. Sept. 1, 1993; Laws 1997, c. 222, § 2, eff. Nov. 1, 1997.
§59-148. Violations.
A. The following acts or occurrences by a podiatric physician shall constitute grounds for which the penalties specified in Section 147 of this title may be imposed by order of the Board of Podiatric Medical Examiners:
1. Willfully making a false and material statement to the Board, either before or after the issuance of a license;
2. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;
3. Using alcohol, any drug, or any other substance which impairs the licensee to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public;
4. Being mentally or physically incapacitated to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public;
5. Making any advertisement, statement, or representation which is untrue or improbable and calculated by the licensee to deceive, defraud or mislead the public or patients;
6. Practicing fraud by omission or commission in the examination given by the Board, or in obtaining a license, or in obtaining renewal or reinstatement of a license;
7. Failing to pay or cause to be paid promptly when due any fee required by the Podiatric Medicine Practice Act or the rules of the Board;
8. Practicing podiatric medicine in an unsafe or unsanitary manner or place;
9. Performing, or attempting to perform, any surgery for which the licensee has not had reasonable training;
10. Gross and willful neglect of duty as a member or officer of the Board;
11. Dividing with any person, firm, corporation, or other legal entity any fee or other compensation for services as a podiatric physician, except with:
a. another podiatric physician,
b. an applicant for a license who is observing or assisting the licensee as an intern, preceptee or resident, as authorized by the rules of the Board, or
c. a practitioner of another branch of the healing arts who is duly licensed under the laws of this state or another state, district or territory of the United States,
who has actually provided services, directly or indirectly, to the patient from or for whom the fee or other compensation is received, or at the time of the services is an active associate of the licensee in the lawful practice of podiatric medicine in this state; and
12. Violating or attempting to violate the provisions of the Podiatric Medicine Practice Act, the Code of Ethics, or the rules of the Board.
B. Commitment of a licensee to an institution for the mentally ill shall constitute prima facie evidence that the licensee is mentally incapacitated to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public.
Added by Laws 1955, p. 314, § 13, emerg. eff. May 23, 1955. Amended by Laws 1993, c. 150, § 12, eff. Sept. 1, 1993; Laws 1997, c. 222, § 3, eff. Nov. 1, 1997.
§59-149. Complaint.
A. Any person may file a written and signed complaint with the Board of Podiatric Medical Examiners, alleging that a podiatric physician has violated the provisions of the Podiatric Medicine Practice Act, the Code of Ethics, or the rules of the Board, and the facts upon which the allegations are based. Each complaint received by the Board shall be investigated in a manner to be prescribed in the rules of the Board.
Added by Laws 1955, p. 315, § 14. Amended by Laws 1997, c. 222, § 4, eff. Nov. 1, 1997.
§59-150. Repealed by Laws 1997, c. 222, § 8, eff. Nov. 1, 1997.
§59152. Reciprocity Fees.
A. By way of reciprocity and without examination, the Board of Podiatric Medical Examiners may issue a license to practice podiatric medicine in this state to any person who:
1. Satisfies the Board that he has all the qualifications required, by the applicable laws and the rules of the Board, of a person to entitle the person to a license to practice podiatric medicine in this state pursuant to examination, excepting any as to which the Board excuses compliance for good cause shown; and
2. Satisfies the Board that for at least three (3) years immediately prior to the date on which he pays the required fee he lawfully practiced podiatric medicine within and under the laws of a district or territory or other state of the United States of America pursuant to a license issued thereby authorizing such practice; and
3. Pays in advance to the secretarytreasurer of the Board the fee required by the rules of the Board for a license by reciprocity, which shall not be less than One Hundred Fifty Dollars ($150.00) or more than Three Hundred Dollars ($300.00).
B. The provisions and benefits of this section shall extend only to persons who are residents in good faith of districts, territories, or states which in the judgment of the Board extend to citizens of this state substantially equal or greater reciprocity privileges as to a license to practice podiatric medicine.
Laws 1955, p. 316, § 17, emerg. eff. May 23, 1955; Laws 1993, c. 150, § 13, eff. Sept. 1, 1993.
§59154. Board of Podiatric Medical Examiners' Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Board of Podiatric Medical Examiners, to be designated as the "Board of Podiatric Medical Examiners' Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board pursuant to the provisions of the Podiatric Medicine Practice Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of implementing and enforcing the provisions of the Podiatric Medicine Practice Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims signed by the secretary-treasurer of the Board or by an authorized employee or employees of the Board and filed as prescribed by law with the Director of State Finance for approval and payment.
Laws 1955, p. 316, § 19, emerg. eff. May 23, 1955; Laws 1983, c. 138, § 7, operative July 1, 1983; Laws 1993, c. 150, § 14, eff. Sept. 1, 1993.
§59-155. Investigations and hearings.
The Board of Podiatric Medical Examiners shall:
1. Conduct investigations of complaints against podiatric physicians filed with the Board pursuant to Section 149 of this title; and
2. Initiate and conduct individual proceedings, pursuant to Article II of the Administrative Procedures Act, against podiatric physicians alleged to have violated the Podiatric Medicine Practice Act, the Code of Ethics, or the rules of the Board. For such purposes the Board, or any member thereof, is empowered to issue subpoenas, compel the attendance of witnesses, and administer oaths and affirmations. Subpoenas authorized by this section may be signed and issued by any member of the Board, and shall be served, and return of service thereof made, in the same manner as a subpoena is served from a court of record in this state and as return of service in such case is made. Any person failing and refusing to attend in obedience to such subpoena, or refusing to be sworn or examined or answer any question propounded by any member of the Board or any attorney or licensee upon permission from the Board, upon conviction thereof, shall be guilty of a misdemeanor and punishable as such.
Added by Laws 1955, p. 316, § 20. Amended by Laws 1997, c. 222, § 5, eff. Nov. 1, 1997.
§59156. Annual report.
Said Board shall make an annual report to the Governor, not later than the fifteenth day of November each year, which report shall contain an account of all monies received, licenses issued, suspended, or revoked and all expenditures made by said Board the twelve (12) months prior to said date.
Laws 1955, p. 317, § 21.
§59158. Restraining orders and injunctions.
Restraining orders and temporary and permanent injunctions may be granted by the district and superior courts upon application of the Board for the purpose of restraining, enjoining, and preventing threatened or likely violations of, and also enforcing, and also requiring compliance with, the applicable laws.
Laws 1955, p. 317, § 23.
§59159.1. Rules and regulations concerning casts for individual shoes.
The Board may adopt rules and regulations which are necessary or helpful to promote the public health and safety which define and establish minimum standards and requirements for methods and practices to be used in taking or making casts or equivalents thereof of the human foot for the purpose of prescribing, offering, making, furnishing,correcting, changing, or fitting shoes for the foot. It shall be unlawful to take or make said casts or equivalents for any purpose except in accordance with such rules and regulations as the Board may prescribe.
Amended by Laws 1983, c. 138, § 6, operative July 1, 1983.
§59159.2. Unlawful acts.
It shall be unlawful to make, furnish, correct, change, or fit any of the following if moulded for the foot or part of the foot of a specific person, as distinguished from persons generally, to wit: shoes for the purpose of diagnosing, correcting, relieving, treating, aiding, controlling, or alleviating ailments, diseases, diseased conditions, deformities, injuries, or abnormalities of the foot or feet of the specific person, except upon the prescription of a medical doctor, podiatric physician, osteopathic physician duly licensed under the laws of this state, or to offer so to do, or for any one other than such medical doctor, podiatric physician or osteopathic physician to prescribe any thereof for any such purpose.
Laws 1959, p. 224, § 2; Laws 1993, c. 150, § 15, eff. Sept. 1, 1993.
§59159.4. Inapplicability to manufacture or sale to persons generally.
Nothing in this act shall apply to the manufacture or sale of shoes, pads, or supports, whether patented or not, which are made for, and offered to, persons generally.
Laws 1959, p. 224, § 4.
§59159.5. Penalties.
Any violation of this act shall constitute a misdemeanor, and shall be punishable upon conviction, by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment; and each separate day upon which any person unlawfully does a thing made unlawful by this act shall be and constitute a separate and distinct offense.
Laws 1959, p. 224, § 5.
§59-160.1. Interpretation of "podiatry" and "podiatric medicine".
The terms "podiatry" and "podiatric medicine" are synonymous and mean the branch of the healing arts defined in the Podiatric Medicine Practice Act. Wherever in the Oklahoma Statutes reference is made to the term "podiatry", the same shall be interpreted to mean "podiatric medicine", and wherever reference is made to the term "podiatrist", the same shall be interpreted to mean "podiatric physician".
Added by Laws 1969, c. 198, § 1, emerg. eff. April 18, 1969. Amended by Laws 1993, c. 150, § 16, eff. Sept. 1, 1993; Laws 1995, c. 207, § 2, eff. Nov. 1, 1995.
§59160.2. DPM Meaning.
The term DPM means Doctor of Podiatric Medicine.
Laws 1969, c. 198, § 2, emerg. eff. April 18, 1969.
§59-161. Renumbered as Section 161.4 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-161.1. Short title.
Sections 161.1 through 161.20 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Chiropractic Practice Act".
Added by Laws 1991, c. 265, § 1, eff. Oct. 1, 1991.
§59-161.2. Scope of practice of chiropractic.
A. Chiropractic is the science and art that teaches health in anatomic relation and disease or abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident thereto in humans. The scope of practice of chiropractic shall include those diagnostic and treatment services and procedures which have been taught by an accredited chiropractic college and have been approved by the Board of Chiropractic Examiners.
B. A chiropractic physician may engage in the practice of animal chiropractic diagnosis and treatment if certified to do so by the Board. A licensed chiropractic physician may provide chiropractic treatment to an animal without being certified in animal chiropractic diagnosis and treatment by the Board if an animal has been referred to the chiropractic physician by a licensed veterinarian.
Added by Laws 1991, c. 265, § 2, eff. Oct. 1, 1991. Amended by Laws 2000, c. 131, § 1, eff. Nov. 1, 2000.
§59-161.3. Definitions.
As used in the Oklahoma Chiropractic Practice Act, these words, phrases or terms, unless the context otherwise indicates, shall have the following meanings:
1. "Accredited chiropractic college" means a chiropractic educational institution which is accredited by the Commission on Accreditation of the Council on Chiropractic Education, a national, independent accreditation body recognized and approved by the U.S. Department of Education, or its successor;
2. "Animal chiropractic diagnosis and treatment" means treatment that includes vertebral subluxation complex (vsc) and spinal manipulation of nonhuman vertebrates. The term "animal chiropractic diagnosis and treatment" shall not be construed to allow the:
a. use of x-rays,
b. performing of surgery,
c. dispensing or administering of medications, or
d. performance of traditional veterinary care;
3. "Applicant" means any person submitting an application for licensure to the Board;
4. "Board" means the Board of Chiropractic Examiners;
5. "Chiropractic physician", "chiropractor", "doctor of chiropractic", "practitioner of chiropractic" and "licensee" are synonymous and mean a person holding an original license to practice chiropractic in this state;
6. "Examination" means the process used by the Board, prior to the issuance of an original license, to test the qualifications and knowledge of an applicant on any or all of the following: current statutes, rules or any of those subjects listed in Section 161.8 of this title;
7. "Intern" means a student at an accredited chiropractic college who is participating in the Chiropractic Undergraduate Preceptorship Program;
8. "Original license" means a license granting initial authorization to practice chiropractic in this state issued by the Board to an applicant found by the Board to meet the licensing requirements of the Oklahoma Chiropractic Practice Act, by examination pursuant to Section 161.7 of this title, or by reciprocity pursuant to Section 161.9 of this title;
9. "Preceptor" means a chiropractic physician who is participating in the Chiropractic Undergraduate Preceptorship Program;
10. "Relocation of practice" means the recognition and approval by the Board, prior to the issuance of an original license, of the chiropractic licensing process in another state, country, territory or province; and
11. "Renewal license" means a license issued to a chiropractic physician by the Board, on or before the first day of January of each year, which authorizes such licensee to practice chiropractic in this state during the succeeding calendar year.
Added by Laws 1991, c. 265, § 3, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, § 1, eff. Sept. 1, 1994; Laws 2000, c. 131, § 2, eff. Nov. 1, 2000; Laws 2004, c. 269, § 1, emerg. eff. May 6, 2004.
§59-161.4. Board of Chiropractic Examiners.
A. A Board of Chiropractic Examiners is hereby re-created to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law. The Board shall regulate the practice of chiropractic in this state in accordance with the provisions of the Oklahoma Chiropractic Practice Act. The Board, appointed by the Governor, shall be composed of eight chiropractic physicians and one lay member representing the public.
B. Each chiropractic physician member of the Board shall:
1. Be a legal resident of this state;
2. Have practiced chiropractic continuously in this state during the five (5) years immediately preceding appointment to the Board;
3. Be free of pending disciplinary action or active investigation by the Board;
4. Be a person of recognized professional ability, integrity and good reputation; and
5. Be in active clinical chiropractic practice at least fifty percent (50%) of the time.
C. The lay member of the Board shall:
1. Be a legal resident of this state; and
2. Not be a registered or licensed practitioner of any of the healing arts or be related within the third degree of consanguinity or affinity to any such person.
D. The Governor shall appoint members to the Board and for terms of years as follows:
1. Position 1: Upon expiration of the term of the board member whose term expires November 2, 2006, the Governor shall appoint a board member from District 1 for a term of four (4) years to expire on November 1, 2010, and every four (4) years thereafter;
2. Position 2: Upon expiration of the term of the board member whose term expires November 1, 2005, the Governor shall appoint a board member from District 2 for a term of four (4) years to expire on November 1, 2009, and every four (4) years thereafter;
3. Position 3: Upon expiration of the term of the board member whose term expires June 7, 2007, the Governor shall appoint a board member from District 3 for a term of four (4) years to expire on June 1, 2011, and every four (4) years thereafter;
4. Position 4: Upon expiration of the term of the board member whose term expires November 1, 2007, the Governor shall appoint a board member from District 4 for a term of four (4) years to expire on November 1, 2011, and every four (4) years thereafter;
5. Position 5: Upon expiration of the term of the board member whose term expires June 7, 2008, the Governor shall appoint a board member from District 5 for a term of four (4) years to expire on June 1, 2012, and every four (4) years thereafter;
6. Position 6: On June 1, 2005, the Governor shall appoint a board member from District 6 for a term of one (1) year to expire on June 1, 2006, and every four (4) years thereafter;
7. Position 7: On November 1, 2005, the Governor shall appoint a board member from District 7 for a term of three (3) years to expire on November 1, 2008, and every four (4) years thereafter;
8. Position 8: Upon expiration of the term of the board member whose term expires June 7, 2005, the Governor shall appoint a board member from the state at large for a term of four (4) years to expire on June 1, 2009, and every four (4) years thereafter; and
9. Position 9: The lay member of the Board shall serve a term coterminous with that of the Governor.
E. For the purpose of the Oklahoma Chiropractic Practice Act, the state shall be divided into the following districts:
1. District 1: Alfalfa, Beaver, Beckham, Caddo, Cimarron, Custer, Dewey, Ellis, Grant, Greer, Garfield, Harmon, Harper, Jackson, Kiowa, Major, Noble, Roger Mills, Texas, Washita, Woods and Woodward Counties;
2. District 2: Tulsa County;
3. District 3: Kay, Logan, Lincoln, Osage, Pawnee, Payne and Pottawatomie Counties;
4. District 4: Carter, Comanche, Cotton, Garvin, Grady, Love, Murray, Jefferson, Stephens and Tillman Counties;
5. District 5: Blaine, Canadian, Cleveland, Kingfisher, McClain and Oklahoma Counties;
6. District 6: Atoka, Bryan, Coal, Choctaw, Creek, Hughes, Johnston, Latimer, LeFlore, Marshall, McCurtain, Okfuskee, Pittsburg, Pontotoc, Pushmataha and Seminole Counties; and
7. District 7: Adair, Cherokee, Craig, Delaware, Haskell, Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers, Sequoyah, Wagoner and Washington Counties.
Members appointed after June 2002, shall serve no more than two (2) consecutive terms.
F. Each member shall hold office until the expiration of the term of office for which appointed or until a qualified successor has been duly appointed. An appointment shall be made by the Governor within ninety (90) days after the expiration of the term of any member, or the occurrence of a vacancy on the Board due to resignation, death, or any other cause resulting in an unexpired term.
G. Before assuming duties on the Board, each member shall take and subscribe to the oath or affirmation provided in Article XV of the Oklahoma Constitution, which oath or affirmation shall be administered and filed as provided in the article.
H. A member may be removed from the Board by the Governor for cause which shall include, but not be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competent jurisdiction of a felony or any offense involving moral turpitude;
3. Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in relation to Board duties;
4. Being found mentally incompetent by a court of competent jurisdiction;
5. Being found in violation of any provision of the Oklahoma Chiropractic Practice Act; or
6. Failing to attend three meetings of the Board without just cause, as determined by the Board.
I. No member of the Board shall be:
1. A registered lobbyist; or
2. An officer, board member or employee of a statewide organization established for the purpose of advocating the interests of chiropractors licensed pursuant to the Oklahoma Chiropractic Practice Act.
Added by Laws 1921, c. 7, p. 12, § 1. Amended by Laws 1982, c. 268, § 1, emerg. eff. May 14, 1982; Laws 1983, c. 298, § 1, emerg. eff. June 23, 1983; Laws 1988, c. 225, § 8; Laws 1991, c. 265, § 4, eff. Oct. 1, 1991. Renumbered from § 161 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1993, c. 193, § 1; Laws 1994, c. 390, § 2, eff. Sept. 1, 1994; Laws 1999, c. 19, § 1; Laws 2000, c. 26, § 1; Laws 2002, c. 255, § 1, eff. Nov. 1, 2002; Laws 2004, c. 269, § 2, emerg. eff. May 6, 2004; Laws 2005, c. 16, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, § 38, emerg. eff. March 29, 2006.
NOTE: Laws 2005, c. 149, § 1 repealed by Laws 2006, c. 16, § 39, emerg. eff. March 29, 2006.
§59-161.5. Meetings of Board - Duties of officers - Bonding and liability.
A. The Board of Chiropractic Examiners shall organize annually at the first meeting of the Board after the beginning of each fiscal year, by electing from among its members a president, a vice-president and a secretary-treasurer. The Board shall hold regularly scheduled meetings at least once each quarter at a time and place determined by the Board, and may hold such special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be expedient or necessary. A majority of the Board shall constitute a quorum for the transaction of business.
B. The president shall preside at meetings of the Board, arrange the Board agenda, sign Board orders and other required documents, coordinate Board activities and perform such other duties as may be prescribed by the Board.
C. The vice-president shall perform the duties of the president during the president's absence or disability and shall perform such other duties as may be prescribed by the Board.
D. The secretary-treasurer shall be responsible for the administrative functions of the Board and shall submit at the first regular meeting of the Board after the end of each fiscal year, a full itemized report of the receipts and disbursements for the prior fiscal year, showing the amount of funds on hand.
E. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the Administrative Procedures Act.
F. All members of the Board and such employees as determined by the Board shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
G. The liability of any member or employee of the Board acting within the scope of Board duties or employment shall be governed by the Governmental Tort Claims Act.
H. Members of the Board shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
I. All fees, charges, reimbursement minimums and other revenue-generating amounts shall be set by the Board by rule.
Added by Laws 1991, c. 265, § 5, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, § 3, eff. Sept. 1, 1994; Laws 2004, c. 269, § 3, emerg. eff. May 6, 2004; Laws 2005, c. 149, § 2, eff. Nov. 1, 2005.
§59-161.6. Powers of Board - Advisory Committee.
A. Pursuant to and in compliance with Article I of the Administrative Procedures Act, the Board of Chiropractic Examiners shall have the power to formulate, adopt and promulgate rules as may be necessary to regulate the practice of chiropractic in this state and to implement and enforce the provisions of the Oklahoma Chiropractic Practice Act.
B. The Board is authorized and empowered to:
1. Establish and maintain a procedure or system for the certification or accreditation of chiropractic physicians who are qualified in chiropractic post-doctorate Diplomate and all other chiropractic specialties;
2. Establish a registration system and adopt and enforce standards for the education and training of chiropractic physicians who engage in the business of issuing professional opinions on the condition, prognosis or treatment of a patient;
3. Adopt and enforce standards governing the professional conduct of chiropractic physicians, consistent with the provisions of the Oklahoma Chiropractic Practice Act, for the purpose of establishing and maintaining a high standard of honesty, dignity, integrity and proficiency in the profession;
4. Lease office space for the purpose of operating and maintaining a state office, and pay the rent thereon; provided, however, such state office shall not be located in or directly adjacent to the office of any practicing chiropractic physician;
5. Purchase office furniture, equipment and supplies;
6. Employ, direct, reimburse, evaluate, and dismiss such office personnel, as may be necessary, in accordance with state procedures;
7. Employ legal counsel, as needed, to represent the Board in all legal matters and to assist authorized state officers in prosecuting or restraining violations of the Oklahoma Chiropractic Practice Act, and pay the fees for such services;
8. Order or subpoena the attendance of witnesses, the inspection of records and premises and the production of relevant books and papers for the investigation of matters that may come before the Board;
9. Employ one or more investigators, as needed, for the sole purpose of investigating written complaints regarding the conduct of chiropractic physicians, and fix and pay their salaries or wages;
10. Pay the costs of such research programs in chiropractic as in the determination of the Board would be beneficial to the chiropractic physicians in this state;
11. Establish minimum standards for continuing education programs administered by chiropractic associations pursuant to Section 161.11 of this title;
12. Make such other expenditures as may be necessary in the performance of its duties;
13. Establish appropriate fees and charges to implement the provisions of the Oklahoma Chiropractic Practice Act;
14. Establish policies for Board operations;
15. Determine and direct Board operating administrative, personnel and budget policies and procedures in accordance with applicable statutes;
16. Provide travel expenses for at least the Executive Director and provide travel expenses for members of the Board to attend an annual national conference. The Board shall give each member the opportunity to attend the annual national conference;
17. Assess chiropractic applicants the cost for a criminal background check. The criminal background checks required by this section shall follow the requirements of Section 1-1950.1 of Title 63 of the Oklahoma Statutes;
18. Out-of-state licensed chiropractic physicians may travel into Oklahoma to treat patients for special events, including but not limited to sporting events and state emergencies within the borders of Oklahoma after properly registering with the Board of Chiropractic Examiners; and
19. The Board of Chiropractic Examiners, by rule, shall promulgate a code of ethics.
C. 1. The Board shall appoint an Advisory Committee of a minimum of four and no more than six chiropractic physicians and one lay member representing the public who may advise and assist the Board in:
a. Investigating the qualifications of applicants for an original license to practice chiropractic in this state;
b. Investigating written complaints regarding the conduct of chiropractic physicians, including alleged violations of the Oklahoma Chiropractic Practice Act or of the rules of the Board; and
c. Such other matters as the Board shall delegate to them.
2. The Advisory Committee shall be selected from a list of ten chiropractic physicians and three lay persons submitted by each chiropractic association or society in this state or any unaffiliated chiropractic physician desiring to submit a list. The term of service for members of the Advisory Committee shall be determined by the Board. Members of the Advisory Committee shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
Added by Laws 1921, c. 7, p. 12, § 2. Amended by Laws 1972, c. 250, § 1, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 2, emerg. eff. May 14, 1982; Laws 1983, c. 298, § 2, emerg. eff. June 23, 1983; Laws 1986, c. 317, § 1, emerg. eff. June 24, 1986; Laws 1990, c. 182, § 1, emerg. eff. May 7, 1990; Laws 1991, c. 265, § 6, eff. Oct. 1, 1991. Renumbered from § 162 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, § 4, eff. Sept. 1, 1994; Laws 2002, c. 255, § 2, eff. Nov. 1, 2002; Laws 2004, c. 269, § 4, emerg. eff. May 6, 2004; Laws 2005, c. 149, § 3, eff. Nov. 1, 2005.
§59-161.7. Application for original license by examination.
A. 1. Applications for an original license by examination to practice chiropractic in this state shall be made to the Board of Chiropractic Examiners in writing on a form and in a manner prescribed by the Board. The application shall be supported by the affidavits of two persons who hold a valid license to practice chiropractic in this state or in another state, country, territory or province, and who are not related to or under financial obligations to the applicant, showing the applicant to be a person of good moral character.
2. The application shall be accompanied by a fee of One Hundred Fifty Dollars ($150.00), which shall not be refundable under any circumstances.
3. If the application is disapproved by the Board, the applicant shall be so notified by the secretary-treasurer of the Board, with the reason for such disapproval fully stated in writing.
4. If the application is approved, the applicant, upon payment of an examination fee of One Hundred Fifty Dollars ($150.00), may take an examination administered by the Board for the purpose of securing an original license. The Board may accept a passing score on an examination administered by the National Board of Chiropractic Examiners taken by the applicant, or may require the applicant to take an examination administered by the Board or both.
B. Applicants for an original license to practice chiropractic in this state shall submit to the Board of Chiropractic Examiners documentary evidence of completion of:
1. A course of standard high school education;
2. Ninety (90) semester hours of college credits in a college or university whose credits are accepted by the University of Oklahoma. For students enrolled in an accredited Doctor of Chiropractic Degree Program on the effective date of this act, proof of having earned a minimum of sixty (60) semester hours of college credits at an institution for which credits are accepted by the University of Oklahoma shall meet the requirements of this paragraph;
3. A course of resident study of not less than four (4) years of nine (9) months each in an accredited chiropractic college. A senior student at an accredited chiropractic college may make application for an original license by examination prior to graduation, but such a license shall not be issued until documentary evidence of the graduation of the student from the college has been submitted to the Board;
4. Parts I, II, III, IV and physiotherapy as administered by the National Board of Chiropractic Examiners with a passing score; and
5. Passing an examination with seventy-five percent (75%) or better.
C. Effective January 1, 2006, out-of-state licensed applicants shall submit to the Board documentary evidence that the applicant has malpractice insurance. New applicants shall submit to the Board documentary evidence that the applicant has malpractice insurance within six (6) months of obtaining their Oklahoma license.
D. An applicant for an original license shall provide full disclosure to the Board of any disciplinary action taken against the applicant in any state pursuant to licensure and/or criminal proceedings including, but not limited to, pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substance laws.
E. No later than one (1) year after receiving a license to practice in Oklahoma, chiropractic physicians shall complete an orientation course of training approved by the Board. The orientation course hours shall count as continuing education credits for the year in which they were earned. An association may provide the orientation course of training.
F. The Board shall issue an original license to those applicants who have passed the required examination with a score acceptable to the Board. No license fee shall be charged by the Board for the balance of the calendar year in which such a license is issued.
Added by Laws 1921, c. 7, p. 13, § 3. Amended by Laws 1972, c. 250, § 2, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 3, emerg. eff. May 14, 1982; Laws 1991, c. 265, § 7, eff. Oct. 1, 1991. Renumbered from § 163 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, § 5, eff. Sept. 1, 1994; Laws 2004, c. 269, § 5, emerg. eff. May 6, 2004; Laws 2005, c. 149, § 4, eff. Nov. 1, 2005.
§59-161.8. Subjects covered by examination.
If an examination is administered by the Board of Chiropractic Examiners, it shall include those technical, professional and practical subjects that relate to the practice of chiropractic including, but not limited to, chiropractic principles, anatomy, histology, physiology, symptomatology, orthopedia, chemistry, spinography, diagnosis, sanitation and hygiene, pathology, public health service and adjustology. The Board shall also examine each applicant in the art of chiropractic adjusting, x-ray, diagnostic laboratory procedures, physiological therapeutics and other subjects taught by accredited chiropractic colleges.
Added by Laws 1921, c. 7, p. 13, § 4. Amended by Laws 1972, c. 250, § 3, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 4, emerg. eff. May 14, 1982; Laws 1985, c. 176, § 1; Laws 1989, c. 325, § 1, emerg. eff. May 26, 1989; Laws 1990, c. 163, § 2, eff. Sept. 1, 1990; Laws 1991, c. 265, § 8, eff. Oct. 1, 1991. Renumbered from § 164 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 2004, c. 269, § 6, emerg. eff. May 6, 2004.
NOTE: Laws 1985, c. 178, § 29 repealed by Laws 1989, c. 325, § 2, emerg. eff. May 26, 1989.
§59-161.9. Application for original license by relocation of practice.
A. Applications for an original license by relocation of practice to practice chiropractic in this state shall be made to the Board of Chiropractic Examiners in writing on a form and in a manner prescribed by the Board. The application shall be accompanied by a fee of Three Hundred Dollars ($300.00), which shall not be refundable under any circumstances. If the application is disapproved by the Board, it shall be returned to the applicant with the reason for its disapproval fully stated in writing.
B. The Board may, in its discretion, issue an original license by relocation to practice to an applicant who is currently licensed to practice chiropractic in another state, country, territory or province, upon the following conditions:
1. That the applicant is of good moral character;
2. That the requirements for licensure in the state, country, territory or province in which the applicant is licensed are deemed by the Board to be equivalent to the requirements for obtaining an original license by examination in force in this state at the date of such license;
3. That the applicant has no disciplinary matters pending against him in any state, country, territory or province;
4. That the license of the applicant was obtained by examination in the state, country, territory or province wherein it was issued, or was obtained by examination of the National Board of Chiropractic Examiners;
5. That the applicant passes the examination given by the Board with a minimum score of seventy-five percent (75%) or better; and
6. That the applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.
C. Any applicant requesting a license by relocation of practice into Oklahoma shall:
1. Submit to the Board documentary evidence that the applicant has been in active practice as a chiropractic physician five (5) years immediately preceding the date of the application;
2. Provide full disclosure to the Board of any disciplinary action taken against the applicant pursuant to licensure as a chiropractic physician in any state pursuant to licensure and/or criminal proceedings;
3. Provide full disclosure to the Board of any criminal proceeding taken against the applicant including, but not limited to:
a. pleading guilty, pleading nolo contendere or receiving a conviction of a felony,
b. pleading guilty, pleading nolo contendere or receiving a conviction for a misdemeanor involving moral turpitude, or
c. pleading guilty, pleading nolo contendere or receiving a conviction for violation of federal or state controlled dangerous substance laws;
4. Comply with the jurisprudence assessment of this state;
5. If requested, appear before the Board for a personal interview; and
6. Pay an application fee to be set by rule of the Board.
D. No license fee shall be charged by the Board for the balance of the calendar year in which such a license is issued.
Added by Laws 1937, p. 64, § 2, emerg. eff. May 25, 1937. Amended by Laws 1972, c. 250, § 4, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 5, emerg. eff. May 14, 1982; Laws 1991, c. 265, § 9, eff. Oct. 1, 1991. Renumbered from § 164b of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 2004, c. 269, § 7, emerg. eff. May 6, 2004.
§59-161.10. Repealed by Laws 2004, c. 269, § 13, emerg. eff. May 6, 2004.
§59-161.10a. Continuing education.
A. At least ninety (90) calendar days prior to offering a continuing education course in Oklahoma, an association shall submit to the Board for approval:
1. An application to provide continuing education in this state;
2. The agenda for the continuing education seminar;
3. The professional background of the instructors; and
4. A summary of the courses to be taught at the continuing education seminar.
B. No later than thirty (30) days after submission of the application, the Board of Chiropractic Examiners shall either approve or reject the continuing education seminar.
C. A continuing education program shall offer seminars providing continuing education on those subjects within the scope of practice of chiropractic as well as those technical, professional, and practical subjects that relate to the practice of chiropractic as included in Section 161.8 of Title 59 of the Oklahoma Statutes. Instructors at continuing education seminars may sell products as long as the sale of such products is ancillary to the purpose of the seminar.
D. Beginning January 1, 2006, a maximum of eight (8) hours of the annual Oklahoma continuing education requirements may be obtained by a continuing education program outside this state if the out-of-state continuing education program is approved by the Board.
E. Chiropractic physicians who have not been in active practice during the previous year shall be exempt from that calendar year's continuing education requirements. However, prior to returning to active practice, the chiropractor must have attended the required continuing education during the previous calendar year.
F. All licensed chiropractic physicians must attend a minimum of eight (8) hours of in-state continuing education programs approved by the Board of Chiropractic Examiners.
G. Beginning January 1, 2005, the Board shall waive the in-state attendance requirements for continuing education, if the licensee was prevented from attending by illness or extenuating circumstances, as determined by the Board.
Added by Laws 2004, c. 269, § 8, emerg. eff. May 6, 2004. Amended by Laws 2005, c. 149, § 5, eff. Nov. 1, 2005.
§59-161.11. Annual renewal license - Fee - Suspension and reinstatement - Disciplinary guidelines.
A. 1. Beginning January 1, 2005:
a. except as provided in subsection B of this section, every person holding an original license to practice chiropractic in this state shall pay to the Board of Chiropractic Examiners, on or before January 1 of each year, a renewal license fee of Two Hundred Twenty-five Dollars ($225.00), and
b. nonresidents holding an original license to practice chiropractic in Oklahoma shall pay to the Board of Chiropractic Examiners, on or before January 1 of each year, a renewal license fee of One Hundred Seventy-five Dollars ($175.00).
2. In addition, each licensee shall present to the Board satisfactory evidence that during the preceding twelve (12) months the licensee attended sixteen (16) hours of continuing education that meets the requirements of Section 161.10a of this title.
3. Beginning January 1, 2006, every chiropractic physician in practice shall submit to the Board documentary evidence that the chiropractor has malpractice insurance and maintains such insurance twelve (12) months of each year when practicing in this state. Retired chiropractic physicians and those chiropractic physicians not engaged in practice, shall be exempt from providing proof of malpractice insurance.
B. 1. The Board is authorized, but is not required, to establish a reduced renewal license fee, in an amount less than Two Hundred Twenty-five Dollars ($225.00), for each of the following classes of licensees:
a. persons who hold an original license, but who are sixty-five (65) years of age or older and are not actively engaged in the practice of chiropractic in this state, and
b. persons who hold an original license, but who are nonresidents of Oklahoma and are not actively engaged in the practice of chiropractic in this state.
2. Each such licensee shall file a statement with the Board that the licensee is not actively engaged in the practice of chiropractic in this state, and shall not engage in the practice of chiropractic in this state during the succeeding calendar year.
3. Unless otherwise determined by the Board, each such licensee must comply with the other requirements of subsection A of this section in order to receive a renewal license.
C. Subject to the laws of this state and rules promulgated pursuant to the Oklahoma Chiropractic Practice Act, the Board shall, upon determination that a licensee has complied with the requirements of subsection A or subsection B of this section, issue a renewal license to said licensee.
D. The failure of a licensee to properly renew a license or certificate shall be evidence of noncompliance with the Oklahoma Chiropractic Practice Act.
1. The license shall automatically be placed in a lapsed status for failure to renew and shall be considered lapsed and not in good standing for purposes of the practice of chiropractic.
2. If within sixty (60) calendar days after January 1 the licensee pays the renewal fee, and the reinstatement fee set by the Board, the license may be reactivated.
3. If sixty (60) calendar days elapse and the license is not reinstated, the license shall automatically be suspended for failure to renew.
4. The practice of chiropractic is prohibited unless the license is active and in good standing with the Board.
E. When an original license or renewal license, or both, have been suspended under the provisions of this section, the license or licenses may be reinstated upon:
1. Payment of a reinstatement fee in an amount fixed by the Board not to exceed Four Hundred Dollars ($400.00);
2. Payment of the renewal license fee for the calendar year in which the original license is reinstated; and
3. Presentation to the Board of satisfactory evidence of compliance with the continuing education requirement of this section for the calendar year in which the original license is reinstated.
F. The Board, by rule, may establish guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include, but are not limited to:
1. Minimum and maximum administrative fines;
2. Periods of suspension, probation or supervision;
3. Terms and conditions of probation; and
4. Terms and conditions for the reinstatement of an original license or renewal license, or both.
Added by Laws 1937, p. 64, § 3, emerg. eff. May 25, 1937. Amended by Laws 1947, p. 355, § 2, emerg. eff. March 17, 1947; Laws 1963, c. 108, § 1, emerg. eff. May 31, 1963; Laws 1967, c. 168, § 1, emerg. eff. May 1, 1967; Laws 1972, c. 250, § 5, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 7, emerg. eff. May 14, 1982; Laws 1990, c. 182, § 2, emerg. eff. May 7, 1990; Laws 1991, c. 265, § 11, eff. Oct. 1, 1991. Renumbered from § 164c of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, § 6, eff. Sept. 1, 1994; Laws 1998, c. 181, § 1, eff. Nov. 1, 1998; Laws 2002, c. 255, § 4, eff. Nov. 1, 2002; Laws 2004, c. 269, § 9, emerg. eff. May 6, 2004; Laws 2005, c. 149, § 6, eff. Nov. 1, 2005.
§59-161.12. Penalties - Grounds for imposition.
A. The Board of Chiropractic Examiners is authorized, after notice and an opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a chiropractic physician has committed any of the acts or occurrences set forth in subsection B of this section:
1. Disapproval of an application for a renewal license;
2. Revocation or suspension of an original license or renewal license, or both;
3. Restriction of the practice of a chiropractic physician under such terms and conditions as deemed appropriate by the Board;
4. An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation;
5. A censure or reprimand; and
6. Placement of a chiropractic physician on probation for a period of time and under such terms and conditions as the Board may specify, including requiring the chiropractic physician to submit to treatment, to attend continuing education courses, to submit to reexamination, or to work under the supervision of another chiropractic physician.
B. The following acts or occurrences by a chiropractic physician shall constitute grounds for which the penalties specified in subsection A of this section may be imposed by order of the Board:
1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws. A copy of the judgment and sentence of the conviction, duly certified by the clerk of the court in which the conviction was obtained, and a certificate of the clerk that the conviction has become final, shall be sufficient evidence for the imposition of a penalty;
2. Being habitually drunk or habitually using habit-forming drugs;
3. Using advertising in which statements are made that are fraudulent, deceitful or misleading to the public;
4. Aiding or abetting any person not licensed to practice chiropractic in this state to practice chiropractic, except students who are regularly enrolled in an accredited chiropractic college;
5. Performing or attempting to perform major or minor surgery in this state, or using electricity in any form for surgical purposes, including cauterization;
6. Using or having in a chiropractic physician's possession any instrument for treatment purposes, the use or possession of which has been prohibited or declared unlawful by any agency of the United States or the State of Oklahoma;
7. Unlawfully possessing, prescribing or administering any drug, medicine, serum or vaccine. This section shall not prevent a chiropractic physician from possessing, prescribing or administering, by a needle or otherwise, vitamins, minerals or nutritional supplements, or from practicing within the scope of the science and art of chiropractic as defined in Section 161.2 of this title;
8. Advertising or displaying, directly or indirectly, any certificate, diploma or other document which conveys or implies information that the person is skilled in any healing art other than chiropractic unless the chiropractic physician also possesses a valid current license in said healing art;
9. Obtaining an original license or renewal license in a fraudulent manner;
10. Violating any provision of the Unfair Claims Settlement Practices Act or any rule promulgated pursuant thereto;
11. Willfully aiding or assisting an insurer, as defined in Section 1250.2 of Title 36 of the Oklahoma Statutes, or an administrator, as defined in Section 1442 of Title 36 of the Oklahoma Statutes, to deny claims which under the terms of the insurance contract are covered services and are medically necessary;
12. Violating any provision of the Oklahoma Chiropractic Practice Act; or
13. Violating any of the rules of the Board.
C. Any chiropractic physician against whom a penalty is imposed by an order of the Board under the provisions of this section shall have the right to seek a judicial review of the order pursuant to Article II of the Administrative Procedures Act.
D. The Board is authorized to issue a confidential letter of concern to a chiropractic physician when, though evidence does not warrant initiation of an individual proceeding, the Board has noted indications of possible errant conduct by the chiropractic physician that could lead to serious consequences and formal action by the Board.
E. If no order imposing a penalty against a chiropractic physician is issued by the Board within two (2) years after a complaint against the chiropractic physician is received by the Board, the complaint and all related documents shall be expunged from the records of the Board.
Added by Laws 1937, p. 64, § 4, emerg. eff. May 25, 1937. Amended by Laws 1953, p. 260, § 1, emerg. eff. May 25, 1953; Laws 1972, c. 250, § 6, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 8, emerg. eff. May 14, 1982; Laws 1985, c. 176, § 2; Laws 1990, c. 182, § 3, emerg. eff. May 7, 1990; Laws 1991, c. 265, § 12, eff. Oct. 1, 1991. Renumbered from § 164d of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1997, c. 90, § 1, eff. Nov. 1, 1997; Laws 1998, c. 181, § 2, eff. Nov. 1, 1998; Laws 1999, c. 227, § 1, eff. Nov. 1, 1999; Laws 2002, c. 255, § 5, eff. Nov. 1, 2002; Laws 2004, c. 269, § 10, emerg. eff. May 6, 2004.
§59-161.12a. Certificate - Chiropractic claims consultant.
A chiropractic physician who desires to act as a chiropractic claims consultant shall register with the Board of Chiropractic Examiners on a form prescribed by the Board. The Board shall issue a certificate to the chiropractic physician entitling them to act as a chiropractic claims consultant in this state.
Added by Laws 2005, c. 149, § 7, eff. Nov. 1, 2005.
§59-161.13. Suspension of license because of mental illness.
A. The Board of Chiropractic Examiners is authorized, after notice and opportunity for a hearing, pursuant to Article II of the Administrative Procedures Act, to issue an order suspending the original license or renewal license, or both, of a chiropractic physician whenever the Board finds, by clear and convincing evidence, that the chiropractic physician has become incompetent to practice chiropractic because of mental illness. Commitment of a chiropractic physician to an institution for the mentally ill shall be considered prima facie evidence of his incompetency to practice chiropractic because of mental illness.
B. Any chiropractic physician who has his original license or renewal license, or both, suspended under the provisions of this section shall have the right to seek a judicial review of the order pursuant to Article II of the Administrative Procedures Act.
C. The Board, on its own motion or on the application of a chiropractic physician whose original license or renewal license, or both, have been suspended under the provisions of this section, is authorized, on proper showing that the chiropractic physician's competency to practice chiropractic has been restored, to reinstate the license or licenses at any time; provided, however, reinstatement shall not be made while the chiropractic physician is confined in an institution for the mentally ill. No reinstatement fee shall be charged by the Board for the reinstatement of any license which has been suspended under the provisions of this section.
Added by Laws 1953, p. 261, § 1, emerg. eff. Feb. 25, 1953. Amended by Laws 1991, c. 265, § 13, eff. Oct. 1, 1991. Renumbered from § 167 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1997, c. 90, § 2, eff. Nov. 1, 1997.
§59-161.14. Practice without license - Penalties - Injunction.
A. Any person who shall practice or attempt to practice chiropractic in this state, or who shall hold himself or herself out to the public as a practitioner of chiropractic in this state, without having first obtained an original license to practice chiropractic from the Board of Chiropractic Examiners, or after the original license to practice chiropractic has been revoked, or while such original license is under suspension, shall be deemed guilty of a misdemeanor and upon conviction shall be punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment in the county jail for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment. Each day of such violation shall constitute a separate and distinct offense.
B. The Board of Chiropractic Examiners is hereby authorized to apply to a court of competent jurisdiction for an order enjoining an unlicensed person from practicing chiropractic or holding himself or herself out as a practitioner of chiropractic. Any injunctive relief granted by the court shall be without bond.
Added by Laws 1937, p. 65, § 6, emerg. eff. May 25, 1937. Amended by Laws 1991, c. 265, § 14, eff. Oct. 1, 1991. Renumbered from § 164f of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, § 7, eff. Sept. 1, 1994; Laws 2002, c. 255, § 6, eff. Nov. 1, 2002.
§59-161.15. Doctors of chiropractic governed by public health laws.
Doctors of chiropractic shall be bound by all the provisions of the Oklahoma Public Health Code that apply to them, and shall be qualified to sign:
1. Death certificates, pursuant to Section 1-317 of Title 63 of the Oklahoma Statutes; and
2. All other certificates, including those relating to public health, the same as doctors of medicine and surgery and doctors of osteopathic medicine, and with like effect.
Added by Laws 1921, c. 7, p. 14, § 5. Amended by Laws 1991, c. 265, § 15, eff. Oct. 1, 1991. Renumbered from § 165 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1998, c. 181, § 3, eff. Nov. 1, 1998.
§59-161.16. Chiropractic Education Scholarship Program.
A. A Chiropractic Education Scholarship Program, to be administered by the Board of Chiropractic Examiners, is hereby created. Chiropractic education scholarships may be awarded each fiscal year to persons approved by the Board for the study of chiropractic leading to the attainment of the degree of doctor of chiropractic. To be eligible to receive a scholarship a person must:
1. Be a legal resident of this state for not less than five (5) years prior to the date of submitting an application to the Board;
2. Meet all requirements and academic standards established by the Board;
3. Attend an accredited chiropractic college; and
4. Demonstrate satisfactory progress in the study of chiropractic.
B. Preference in the granting of such scholarships shall be given to those individuals with the highest weighted scholastic averages, provided they are persons of high integrity and character and are found by the Board to have those qualities and attributes which give a reasonable assurance of their pursuing to completion the course of study required for a degree of doctor of chiropractic. The scholarships shall be awarded in an amount not to exceed Six Thousand Dollars ($6,000.00) each year per student. No student shall be given more than four (4) annual scholarships. The Board is authorized to accept any federal, state, county or private funds, grants or appropriations to be used to award such scholarships to qualified persons.
Added by Laws 1972, c. 250, § 8, emerg. eff. April 7, 1972. Amended by Laws 1981, c. 32, § 1, eff. July 1, 1981; Laws 1982, c. 268, § 9, emerg. eff. May 14, 1982; Laws 1991, c. 265, § 16, eff. Oct. 1, 1991. Renumbered from § 170 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1999, c. 227, § 2, eff. Nov. 1, 1999; Laws 2004, c. 269, § 11, emerg. eff. May 6, 2004.
§59161.17. Chiropractic Undergraduate Preceptorship Program.
A Chiropractic Undergraduate Preceptorship Program, in conjunction with accredited chiropractic colleges, shall be established by the Board of Chiropractic Examiners, who may appoint five (5) chiropractic physicians to administer the program.
Each intern in the program shall pay a nonrefundable fee of Thirtyfive Dollars ($35.00) to the Board each trimester the intern participates in the program.
The Board shall by rule establish standards, qualifications and responsibilities for interns, preceptors and accredited chiropractic colleges participating in the program.
Added by Laws 1984, c. 260, § 15, operative July 1, 1984; Laws 1991, c. 265, § 17, eff. Oct. 1, 1991. Renumbered from § 164b.2 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-161.18. Listing in publications.
Chiropractic physicians may be listed in all publications as:
1. Physicians, Chiropractic;
2. Chiropractors; or
3. Doctors of Chiropractic.
Added by Laws 1985, c. 176, § 3. Amended by Laws 1991, c. 265, § 18, eff. Oct. 1, 1991. Renumbered from § 170.1 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991. Amended by Laws 1995, c. 207, § 1, eff. Nov. 1, 1995; Laws 2000, c. 131, § 3, eff. Nov. 1, 2000; Laws 2002, c. 255, § 7, eff. Nov. 1, 2002; Laws 2004, c. 269, § 12, emerg. eff. May 6, 2004.
§59-161.20. Board of Chiropractic Examiners' Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Board of Chiropractic Examiners, to be designated as the "Board of Chiropractic Examiners' Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board pursuant to the provisions of the Oklahoma Chiropractic Practice Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of implementing and enforcing the provisions of the Oklahoma Chiropractic Practice Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims signed by the secretary-treasurer of the Board or by an authorized employee or employees of the Board and filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1991, c. 265, § 19, eff. Oct. 1, 1991.
§59-162. Renumbered as Section 161.6 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-163. Renumbered as Section 161.7 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-164. Renumbered as Section 161.8 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-164a. Renumbered as Section 161.10 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-164b. Renumbered as Section 161.9 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-164b.1. Repealed by Laws 1991, c. 265, § 23, eff. Oct. 1, 1991.
§59-164b.2. Renumbered as Section 161.17 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-164c. Renumbered as Section 161.11 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-164d. Renumbered as Section 161.12 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-164e. Repealed by Laws 1991, c. 265, § 23, eff. Oct. 1, 1991.
§59-164f. Renumbered as Section 161.14 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-165. Renumbered as Section 161.15 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-167. Renumbered as Section 161.13 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-168. Repealed by Laws 1991, c. 265, § 23, eff. Oct. 1, 1991.
§59-169. Repealed by Laws 1991, c. 265, § 23, eff. Oct. 1, 1991.
§59-170. Renumbered as Section 161.16 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-170.1. Renumbered as Section 161.18 of Title 59 by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.
§59-170.2. Repealed by Laws 1991, c. 265, § 23, eff. Oct. 1, 1991.
§59-199. Short title.
Chapter 6 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Cosmetology Act".
Added by Laws 2000, c. 355, § 1, eff. July 1, 2000.
§59-199.1. Definitions.
As used in the Oklahoma Cosmetology Act:
1. "Apprentice" means a person who is engaged in learning the practice of cosmetology in a cosmetology salon;
2. "Board" means the State Board of Cosmetology;
3. "Cosmetic studio" means any place or premises where demonstrators give demonstrations, without compensation, for the purpose only of advertising and selling cosmetics;
4. "Cosmetician" means a person licensed by the Board to perform patron services limited to hair arranging and application of makeup, including, but not limited to, using hairstyling tools and products. Services must be performed in a licensed establishment limited to photo studios and cosmetic studios;
5. "Cosmetology" means any one or combination of practices generally and usually performed by and known as the occupation of beauticians, beauty culturists, beauty operators, cosmeticians, cosmetologists, or hairdressers or of any other person holding himself or herself out as practicing cosmetology by whatever designation and within the meaning of the Oklahoma Cosmetology Act and in or upon whatever place or premises. Cosmetology shall include, but not be limited to, any one or combination of the following practices: bleaching, cleansing, curling, cutting, coloring, dressing, removing, singeing, styling, waving, or similar work upon the hair of any person by any means, whether with hands or mechanical or electrical apparatus or appliances. Nothing in the Oklahoma Cosmetology Act shall be construed to prohibit the use of hands or mechanical or electrical apparatus or appliances for the nonpermanent removal of hair from the human body without puncturing of the skin or the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, or massaging, cleansing, stimulating, exercising, beautifying, or similarly working the scalp, face, neck, arms, or the manicuring of the nails of any person, exclusive of such of the foregoing practices as are within the scope of practice of the healing arts as provided by law;
6. "Cosmetology salon" means any place or premises where any of the practices of cosmetology are performed. The term "cosmetology salon" shall not include a cosmetology school or a cosmetic studio;
7. "Cosmetology school" means any place or premises where instruction in any or all the practices of cosmetology is given. Any person, firm, institution or corporation, who holds himself, herself or itself out as a school to teach and train, or any person, firm, institution or corporation who shall teach and train any other person or persons in any of the practices of cosmetology is hereby declared to be engaged in operating a cosmetology school, and shall be subject to the provisions of the Oklahoma Cosmetology Act;
8. "Demonstrator" means a person who is not licensed in this state as an operator or instructor and who demonstrates any cosmetic preparation. The person shall be required to obtain a Demonstrator license from the Board before making any such demonstrations;
9. "Facial/Esthetics instructor" means a person licensed by the Board as a qualified teacher of the art and science of facial and esthetics theory and practice;
10. "Facial operator" means any person who gives facials for compensation;
11. "Hairbraiding technician" means a person licensed by the Board to perform hairbraiding, hairweaving techniques, and hair extensions in a licensed cosmetology establishment;
12. "Manicurist" means a person who gives manicures, gives pedicures, or applies artificial nails;
13. "Manicurist/Nail technician instructor" means a person licensed by the Board as a qualified teacher of the art and science of nail technology theory and practice;
14. "Master instructor" means a person who gives instruction in cosmetology or any practices thereof;
15. "Operator" means any person who engages in, follows or performs any of the practices of cosmetology;
16. "Public school" means any state-supported institution conducting a cosmetology program; and
17. "Student" means a person who is enrolled in and attending a cosmetology school for the purpose of learning the practice of cosmetology.
Added by Laws 1949, p. 389, § 1, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 163, § 1, emerg. eff. May 26, 1951; Laws 1968, c. 313, § 1, emerg. eff. May 7, 1968; Laws 1978, c. 259, § 1, eff. Jan. 1, 1979; Laws 1979, c. 216, § 1, eff. July 1, 1979; Laws 1994, c. 135, § 1, eff. Sept. 1, 1994; Laws 2000, c. 355, § 2, eff. July 1, 2000.
§59-199.2. State Board of Cosmetology.
A. 1. There is hereby re-created, to continue until July 1, 2009, in accordance with the provisions of the Oklahoma Sunset Law, a State Board of Cosmetology which shall be composed of nine (9) members to be appointed by the Governor and to serve at the pleasure of the Governor.
2. One member shall be appointed from each congressional district and the additional members shall be appointed at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member.
3. At the time of appointment, the members shall be citizens of this state, at least twenty-five (25) years of age, and shall be high school graduates. Six members shall, at the time of appointment, have had at least five (5) years' continuous practical experience in the practice of cosmetology in this state, one member shall be a lay person, one member shall be an administrator of a licensed private cosmetology school, and one member shall be an administrator of a public school licensed to teach cosmetology.
4. No two members shall be graduates of the same cosmetology school, nor shall they be organizers of or promote the organization of any cosmetic, beauty, or hairdressers' association. Each of the six cosmetology appointees shall continue to be actively engaged in the profession of cosmetology while serving.
5. If any member retires or ceases to practice his or her profession during the term of membership on the Board, such terms shall automatically cease and the Governor shall appoint a like-qualified person to fulfill the remainder of the term.
B. The terms of office for Board members shall be four (4) years ending June 30.
C. Each member shall serve until a successor is appointed and qualified.
D. Five members of the Board shall constitute a quorum for the transaction of business.
E. The Governor may remove any member of the Board at any time at the Governor's discretion. Vacancies shall be filled by appointment by the Governor for the unexpired portion of the term.
F. The Board shall organize by electing from its membership a chair and vice-chair, each to serve for a period of one (1) year. The presiding officer shall not be entitled to vote upon any question except in the case of a tie vote.
Members shall be reimbursed for their actual and necessary traveling expenses as provided by the State Travel Reimbursement Act.
G. Within thirty (30) days after the end of each fiscal year, the Board shall make a full report to the Governor of all its receipts and expenditures, and also a full statement of its work during the year, together with such recommendations as the Board deems expedient.
H. The Board may expend funds for suitable office space for the transaction of its business. The Board shall adopt a common seal for the use of the executive director in authenticating Board documents.
I. The Board shall meet at its office for the transaction of such business as may come before it on the second Monday in January, March, May, July, September, and November and at such other times as it may deem advisable.
Added by Laws 1949, p. 390, § 2, emerg. eff. June 6, 1949. Amended by Laws 1957, p. 464, § 1, emerg. eff. May 29, 1957; Laws 1961, p. 443, § 1, emerg. eff. June 15, 1961; Laws 1968, c. 313, § 2, emerg. eff. May 7, 1968; Laws 1970, c. 177, § 1; Laws 1979, c. 121, § 2, emerg. eff. May 1, 1979; Laws 1985, c. 77, § 1, eff. July 1, 1985; Laws 1991, c. 194, § 2; Laws 1997, c. 32, § 1; Laws 2000, c. 355, § 3, eff. July 1, 2000; Laws 2002, c. 375, § 7, eff. Nov. 5, 2002; Laws 2003, c. 12, § 1.
§59-199.3. Powers of Board.
A. In order to safeguard and protect the health and general welfare of the people of the State of Oklahoma, the State Board of Cosmetology is hereby vested with the powers and duties necessary and proper to enable it to fully and effectively carry out the provisions of the Oklahoma Cosmetology Act.
B. The Board shall have the powers and duties to:
1. Promulgate rules pursuant to the Administrative Procedures Act relating to standards of sanitation which must be observed and practiced by all cosmetology schools and cosmetology salons. The Board shall furnish copies of the rules to the owner or manager of each cosmetology school or cosmetology salon operating in this state. It shall be the duty of each owner or manager to post a copy of the rules in a conspicuous place in each of the establishments or schools;
2. Conduct examinations of applicants for certificates of registration as manicurists, cosmetologists, facial operators, hairbraiding technician, manicurist/nail technician instructor, facial/esthetics instructor, master instructor and cosmetician at such times and places determined by the Board. Applications for all examinations shall be made on forms approved by the Board;
3. Keep a record of all its proceedings. The Board shall keep a record of all applicants for certificates, licenses and permits, showing the name of the applicant, the name and location of the place of occupation or business, if any, and the residence address of the applicant, and whether the applicant was granted or refused a certificate, license or permit. The records of the Board shall be valid and sufficient evidence of matters contained therein, shall constitute public records. Records shall be open to public inspection at all reasonable times and subject to the Oklahoma Open Records Act;
4. Issue all certificates of registration, licenses, permits, notices and orders;
5. Establish limited specialty licenses for cosmetician, facial/esthetics instructor, hairbraiding technician and manicurist/nail technician instructor within the practice of cosmetology. The Board shall also promulgate rules for special licenses, including but not limited to reduced curriculum requirements, as the Board may deem appropriate and necessary to further the purposes of the Oklahoma Cosmetology Act;
6. Make regular inspections of all cosmetology schools and cosmetology salons licensed to operate in this state, and reports thereof shall be kept and maintained in the office of the Board;
7. Make investigations and reports on all violations of the Oklahoma Cosmetology Act;
8. Take samples of beauty supplies for the purpose of chemical analysis; provided, that if the owner demands payment for the sample taken, payment at the regular retail price shall be made;
9. Refuse, revoke, or suspend licenses, certificates of registration or permits after notice and an opportunity for a full hearing, pursuant to Article II of the Administrative Procedures Act, on proof of violation of any of these provisions or the rules established by the Board;
10. Enter into any contracts necessary to implement or enforce the provisions of the Oklahoma Cosmetology Act or rules promulgated thereto; and
11. Apply to a court of competent jurisdiction for an order enjoining an unlicensed person from practicing cosmetology or holding himself or herself out as a practitioner of cosmetology. Injunctive relief granted by the court shall be without bond.
C. 1. Any person whose license, certificate of registration, or permit has been suspended or revoked may, after the expiration of thirty (30) days, make application to the Board for reinstatement thereof.
2. Reinstatement of any such license, certificate of registration, or permit shall rest in the sound discretion of the Board.
3. Any action of the Board in refusing, revoking, or suspending a license, certificate of registration, or permit may be appealed to the district court of the county of the appellant's residence pursuant to the Administrative Procedures Act.
D. 1. In any case where a licensee becomes a member of the Armed Forces of the United States, such license shall not lapse by reason thereof but shall be considered and held in full force and effect without further payment of license fees during the period of service in the Armed Forces of the United States and for six (6) months after honorable release therefrom. At any time within six (6) months after honorable release from the Armed Forces of the United States the licensee may resume practice pursuant to a license without other or further examination by notifying the Board in writing.
2. The period of time in which the licensee shall have been a member of the Armed Forces of the United States shall not be computed in arriving at the amount of fee or fees due or to become due by such licensee.
Added by Laws 1949, p. 391, § 3, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 163, § 2, emerg. eff. May 26, 1951; Laws 1968, c. 313, § 3, emerg. eff. May 7, 1968; Laws 1978, c. 215, § 1; Laws 1985, c. 77, § 2, eff. July 1, 1985; Laws 1994, c. 135, § 2, eff. Sept. 1, 1994; Laws 2000, c. 355, § 4, eff. July 1, 2000; Laws 2003, c. 56, § 1.
§59-199.4. Executive director.
The State Board of Cosmetology shall employ an executive director who shall be in charge of the office of the Board. The executive director shall have such qualifications as shall be established by rules of the Board; provided, the executive director shall not be actively engaged in the practice of cosmetology while serving as executive director. The executive director shall:
1. Devote his or her entire time to the duties of the office;
2. Receive salary and benefits as provided by law;
3. Keep and preserve all books and records pertaining to the Board;
4. Have authority, in the name of and in behalf of the Board, to issue all licenses, certificates of registration, permits, orders, and notices;
5. Have authority to collect all fees and penalties provided for by the Oklahoma Cosmetology Act;
6. Make quarterly reports to the Board of all monies collected and the sources from which derived;
7. Have authority to approve payrolls and all claims for the Board;
8. Have authority to employ staff;
9. Keep a continuous inventory of all properties, excluding supplies, belonging to the Board; and
10. Perform such other duties as may be directed by the Board.
Added by Laws 1949, p. 392, § 4, emerg. eff. June 6, 1949. Amended by Laws 1957, p. 465, § 2, emerg. eff. May 29, 1957; Laws 1961, p. 444, § 2, emerg. eff. June 15, 1961; Laws 1968, c. 313, § 4, emerg. eff. May 7, 1968; Laws 1978, c. 215, § 2; Laws 1980, c. 159, § 10, emerg. eff. April 2, 1980; Laws 1994, c. 135, § 3, eff. Sept. 1, 1994; Laws 2000, c. 355, § 5, eff. July 1, 2000; Laws 2003, c. 56, § 2.
§59-199.5. Positions and salaries.
A. The State Board of Cosmetology shall create positions and fix the salaries of officials and employees necessary to carry out the purposes of the Oklahoma Cosmetology Act and the administration thereof.
B. The employees shall include not less than five nor more than nine cosmetology inspectors. Only licensed instructors shall be employed as cosmetology inspectors by the Board.
Added by Laws 1949, p. 392, § 5, emerg. eff. June 6, 1949. Amended by Laws 2000, c. 355, § 6, eff. July 1, 2000; Laws 2003, c. 56, § 3.
§59-199.6. Unlawful acts.
A. It shall be unlawful and constitute a misdemeanor, punishable upon conviction by a fine of not less than Fifty Dollars ($50.00), nor more than One Hundred Fifty Dollars ($150.00), or by imprisonment in the county jail for not more than thirty (30) days, or both such fine and imprisonment, for any person, firm, or corporation in this state to:
1. Operate or attempt to operate a cosmetology school or cosmetology salon without having obtained a license therefor from the State Board of Cosmetology;
2. Give or attempt to give instruction in cosmetology, without having obtained an instructor's license from the State Board of Cosmetology;
3. Practice or offer to practice cosmetology or manicuring without having obtained a license therefor from the State Board of Cosmetology;
4. Operate a cosmetic studio without having obtained a license therefor from the State Board of Cosmetology;
5. Demonstrate a cosmetic preparation without having obtained a demonstrator's license from the State Board of Cosmetology;
6. Permit any person in one's employ, supervision, or control to practice cosmetology unless that person has obtained an appropriate license from the State Board of Cosmetology;
7. Willfully violate any rule promulgated by the State Board of Cosmetology for the sanitary management and operation of a cosmetology school or cosmetology salon; or
8. Violate any of the provisions of the Oklahoma Cosmetology Act.
B. The provisions of the Oklahoma Cosmetology Act shall not apply to the following persons while such persons are engaged in the proper discharge of their professional duties:
1. Funeral directors;
2. Persons in the Armed Services;
3. Persons authorized to practice the healing arts or nursing; or
4. Regularly employed sales people working in retail establishments engaged in the business of selling cosmetics in sealed packages.
Added by Laws 1949, p. 392, § 6, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 164, § 3; Laws 1991, c. 194, § 3; Laws 2000, c. 355, § 7, eff. July 1, 2000.
§59-199.7. Cosmetology schools.
A. Each cosmetology school shall be licensed annually by the State Board of Cosmetology. Application for the first year's license for a cosmetology school shall be accompanied by a fee of Four Hundred Dollars ($400.00), which shall be retained by the Board if the application is approved and a license is issued. The annual renewal license fee for cosmetology schools shall be One Hundred Twenty-five Dollars ($125.00).
B. 1. No license or renewal thereof for a cosmetology school shall be issued unless the owner thereof furnishes to the Board a good and sufficient surety bond in the principal sum of Two Thousand Dollars ($2,000.00) for the first instructor and an additional One Thousand Dollars ($1,000.00) for each additional instructor, executed by a surety company authorized to do business in this state, and conditioned on the faithful performance of the terms and conditions of all contracts entered into between the owner of said cosmetology school and all persons enrolling therein.
2. The surety bond shall be in a form approved by the Attorney General and filed in the Office of the Secretary of State. Suit may be brought on said bond by any person injured by reason of the breach of the conditions thereof.
C. It shall be the duty of the owner or manager of a cosmetology school to enter into a written contract with all students before permitting students to attend any classes. Contracts shall be made out in triplicate, the original copy to be retained by the school, the duplicate to be given to the student, and the triplicate to be filed with the executive director of the Board.
D. No license for a cosmetology school shall be issued unless the owner thereof presents evidence satisfactory to the Board that the school has satisfactory facilities and equipment and has instructors qualified to give a course of study as provided in the Oklahoma Cosmetology Act.
E. There shall be included in the curriculum for cosmetology schools, courses of study in the theory of cosmetology and related theory, studies in manipulative practices, sterilization and sanitation, shop management, and such other related subjects as may be approved by the Board.
F. 1. The Board shall adopt a curriculum of required courses of instruction in theory and training of either one thousand five hundred (1,500) clock hours or an equivalent number of credit hours as recognized by the United States Department of Education or a regional or national accreditation entity recognized by the United States Department of Education in a basic course of cosmetology to be taught in all cosmetology schools in the state. The basic course shall be designed to qualify students completing the course to take the examination for an operator's license.
2. Students in vocational, trade, and industrial cosmetology classes in public schools shall qualify by completing one thousand (1,000) hours in a basic course of cosmetology and five hundred (500) hours of approved related subjects to be selected from, but not limited to, the following high school courses in a public school: psychology, biology, general science, American history, art, typing I, typing II, business arithmetic, salesmanship, bookkeeping I, bookkeeping II, related mathematics, English II, English III and English IV.
G. 1. No person shall be eligible to give instruction in cosmetology unless the person is the holder of a current unrevoked instructor's license issued by the Board.
2. Each cosmetology school shall employ at least one instructor for the first fifteen students registered therein, and at least one additional instructor shall be employed for each additional group of fifteen students, or major fraction thereof.
H. A cosmetology school may be operated in and as part of an accredited high school.
I. No cosmetology school owner or cosmetology salon owner shall charge students for cosmetic materials, supplies, apparatus, or machines used by them in practice work, but students shall be required to furnish their own books and hand instruments of trade. A reasonable charge may be made by a cosmetology school for clinical work performed by students upon persons who are not students therein. No instructor shall be permitted to do professional or clinical work in a cosmetology school at any time.
J. No cosmetology salon shall ever be operated in or as a part of a cosmetology school.
K. 1. Students shall:
a. have an eighthgrade education or the equivalent thereof,
b. be at least sixteen (16) years of age unless they are public or private school students who will be sixteen (16) years of age by November 1 of the year in which cosmetology instruction begins, and
c. be of good moral and ethical character.
2. Credit shall not be given to any person by the Board or by a cosmetology school for hours spent in attending a cosmetology school unless the person has registered with the Board as a student prior to the attendance, except that a student who has attended a cosmetology school out of state may receive credit for such attendance for transfer upon proper certification as provided by rule of the Board.
3. No student shall be credited with more than eight (8) hours' attendance in a cosmetology school in any one (1) day.
4. No person shall be eligible to take the examination for an operator's license unless such person is at least seventeen (17) years of age or a high school graduate.
L. 1. No student shall be eligible to take the examination for an operator's license without furnishing to the Board the affidavit of the owner of the cosmetology school that said student has satisfactorily completed the requirements specified in paragraph 1 of subsection F of this section, except public and private school students who will complete the requirements specified in paragraph 2 of subsection F of this section by the close of the current school year may take the examination next preceding the end of the school year.
2. Students who are eligible to take the examination shall be given an oral examination if requested by their instructor.
M. No person shall be eligible to register for the examination for an instructor's license unless such person is a high school graduate, or has obtained a General Equivalency Diploma (GED) as to which the applicant shall qualify by tests to be prescribed by the Board and conducted by qualified examiners selected by the Board, and has:
1. Satisfactorily completed all hours required for the appropriate specialty course and an additional one thousand (1,000) instructor training hours or thirty-three (33) credit hours prescribed by the Board in a cosmetology school in this state; or
2. Completed all hours required for the appropriate specialty course, five hundred (500) instructor training hours, prescribed by the Board in a cosmetology school in this state and has been engaged in the practice of cosmetology for at least the preceding two (2) years.
N. The Board shall have the power to conduct examinations around the state at public locations including, but not limited to, technology center schools.
O. Each cosmetology school shall prominently display in a conspicuous place above or to the side of the entrance thereto a sign bearing the words "BEAUTY SCHOOL", which words shall be in plain letters at least three (3) inches high and at least one (1) inch wide.
Added by Laws 1949, p. 393, § 7, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 164, § 4, emerg. eff. May 26, 1951; Laws 1961, p. 445, § 3, emerg. eff. June 15, 1961; Laws 1968, c. 313, §§ 5, 6, emerg. eff. May 7, 1968; Laws 1968, c. 384, § 1, emerg. eff. May 10, 1968; Laws 1971, c. 160, § 1, emerg. eff. May 24, 1971; Laws 1978, c. 259, § 2, eff. Jan. 1, 1979; Laws 1979, c. 216, § 2, eff. July 1, 1979; Laws 1985, c. 77, § 3, eff. July 1, 1985; Laws 1992, c. 184, § 1, eff. July 1, 1992; Laws 1994, c. 135, § 4, eff. Sept. 1, 1994; Laws 2000, c. 355, § 8, eff. July 1, 2000; Laws 2001, c. 33, § 45, eff. July 1, 2001; Laws 2003, c. 56, § 4.
NOTE: Laws 1978, c. 215, § 3 repealed by Laws 1979, c. 216, § 3, eff. July 1, 1979. Laws 2002, c. 225, § 1 repealed by Laws 2003, c. 56, § 9.
§59-199.8. Apprentices.
A. Each person training as an apprentice shall be required to have the same qualifications as a student for admission into a cosmetology school, and shall be registered with the State Board of Cosmetology before commencing the training.
B. No apprentice shall engage in any of the practices of cosmetology except under the immediate supervision of a licensed instructor in a cosmetology salon approved by the Board for apprentice training.
C. All apprentices must wear a badge which designates them as an apprentice and is furnished by the Board with the apprentice registration receipt.
D. Only one apprentice may be registered to receive training in any cosmetology salon at any one time.
E. Completion of three thousand (3,000) hours of apprentice training in a cosmetology salon is the equivalent of one thousand five hundred (1,500) hours' training in a cosmetology school and shall entitle the apprentice to take an operator's examination.
Added by Laws 1949, p. 395, § 8, emerg. eff. June 6, 1949. Amended by Laws 1994, c. 135, § 5, eff. Sept. 1, 1994; Laws 2000, c. 355, § 9, eff. July 1, 2000.
§59-199.9. Inspection of facilities - Licensure required.
A. The State Board of Cosmetology shall not issue a license for a cosmetology salon until an inspection has been made of the salon and equipment, including the sanitary facilities thereof. Temporary approval pending inspection may be made upon sworn affidavit by the license applicant that all requirements have been met. No license shall be issued for a cosmetology salon to be operated in a private home or residence unless the salon is located in a room or rooms not used or occupied for residential purposes.
B. 1. Except as otherwise provided in the Oklahoma Cosmetology Act, it shall be unlawful for any person to practice cosmetology in any place other than a licensed barbershop or a cosmetology salon, or a cosmetology school licensed by the Board.
2. A licensed manicurist may practice in any licensed barbershop, and in an emergency such as illness, invalidism, or death, a licensed operator may perform cosmetology services for a person by appointment in a place other than a licensed cosmetology salon or cosmetology school.
C. A person licensed as an operator may perform cosmetology services in a barbershop. A person licensed as a barber may perform barbering services in a cosmetology salon. Any salon which provides both cosmetology and barbering services must obtain a license from the Board.
Added by Laws 1949, p. 395, § 9, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 164, § 5, emerg. eff. May 26, 1951; Laws 1983, c. 259, § 1, emerg. eff. June 23, 1983; Laws 1994, c. 135, § 6, eff. Sept. 1, 1994; Laws 2000, c. 355, § 10, eff. July 1, 2000.
§59-199.10. Expiration and renewal of licenses.
A. All licenses issued under the provisions of the Oklahoma Cosmetology Act shall be issued for a period of one (1) year. The expiration date of the license shall be the last day of the month in which the applicant's birthday falls.
B. Applications for renewal must be made on or before the last day of the month in which the applicant's birthday falls, and shall be accompanied by the appropriate fees.
C. Any person who fails to renew the license within the required time may make application for renewal at any time within five (5) years from the expiration date of the license by paying the regular renewal license fee and a late fee of Ten Dollars ($10.00), which becomes due two (2) months after the expiration date.
D. Any person who fails to renew within the required time may make application with subsequent renewal and penalty fees.
E. Before a person may take an examination to renew an expired license after a period of five (5) years, such person shall, after registering for examination, register in a cosmetology school for the given number of review hours in accordance with the following timetable and schedule based upon the number of years the license has expired, and upon the type of license held.
Number of Years Review
License Type License Expired Hours Required
Basic Cosmetologist 5 years 250 hours
10 years 500 hours
15 years or more 1,000 hours
Cosmetician 5 years 120 hours
10 years 200 hours
15 years or more 250 hours
Manicurist 5 years 120 hours
10 years 200 hours
15 years or more 250 hours
Facial Operator 5 years 120 hours
10 years 200 hours
15 years or more 250 hours
Hairbraiding Technician 5 years 120 hours
10 years 200 hours
15 years or more 250 hours
Master Instructor 5 years 200 hours
10 years 300 hours
15 years or more 400 hours
Facial/Esthetics Instructor 5 years 200 hours
10 years 300 hours
15 years or more 400 hours
Manicurist/Nail Technician Instructor 5 years 200 hours
10 years 300 hours
15 years or more 400 hours
F. Each person holding a license shall notify the Board of any change in the mailing address of such person within thirty (30) days after any change.
Added by Laws 1949, p. 396, § 10, emerg. eff. June 6, 1949. Amended by Laws 1968, c. 313, § 7, emerg. eff. May 7, 1968; Laws 1978, c. 215, § 4; Laws 1992, c. 184, § 2, eff. July 1, 1992; Laws 2000, c. 355, § 11, eff. July 1, 2000; Laws 2003, c. 56, § 5.
§59-199.11. Grounds for denial of license, certificate or registration.
The State Board of Cosmetology is hereby authorized to deny, revoke, suspend, or refuse to renew any license, certificate, or registration that it is authorized to issue under the Oklahoma Cosmetology Act for any of the following causes:
1. Conviction of a felony as shown by a certified copy of the record of the court;
2. Gross malpractice or gross incompetence;
3. Fraud practiced in obtaining a license or registration;
4. A license or certificate holder's continuing to practice while afflicted with an infectious, contagious, or communicable disease;
5. Habitual drunkenness or addiction to use of habit forming drugs;
6. Advertising by means of statements known to be false or deceptive;
7. Continued or flagrant violation of any rules of the Board, or continued practice by an operator in a cosmetology salon wherein violations of the rules of the Board are being committed within the knowledge of the operator;
8. Failure to display license or certificate as required by the Oklahoma Cosmetology Act;
9. Continued practice of cosmetology after expiration of a license therefor;
10. Employment by a salon owner or manager of any person to perform any of the practices of cosmetology who is not duly licensed to perform the services; or
11. Practicing cosmetology in an immoral or unprofessional manner.
Added by Laws 1949, p. 396, § 11, emerg. eff. June 6, 1949. Amended by Laws 2000, c. 355, § 12, eff. July 1, 2000; Laws 2003, c. 56, § 6.
§59-199.13. Dispensing with examination in certain cases.
A. The State Board of Cosmetology may issue a reciprocity license without examination to an otherwise qualified applicant if:
1. The applicant has complied with the requirements of another state, territory or foreign country or province;
2. The applicant holds a current license from a state, territory, or foreign country or province whose requirements for registration are substantially equal to those in force in this state at the time of filing application for a reciprocity license; and
3. The applicant has continuously engaged in the practices or occupation for which a reciprocity license is applied for at least three (3) years immediately prior to such application.
B. The Board may issue a license without examination to an otherwise qualified applicant from a state, territory or foreign country or province that does not license practitioners if the applicant can show adequate proof of having engaged in the practice or occupation for which a license is applied for at least three (3) years immediately prior to such application.
C. An applicant for an instructor's license without examination shall possess the equivalent of a high school education.
D. Payment of the reciprocity fee shall also constitute payment of the first annual license fee.
E. The Board may establish by rule any administrative or other fees associated with processing applications for licensure without examination.
Added by Laws 1949, p. 396, § 13, emerg. eff. June 6, 1949. Amended by Laws 2000, c. 355, § 13, eff. July 1, 2000; Laws 2003, c. 56, § 7.
§59-199.14. Fees.
A. The following fees shall be charged by the State Board of Cosmetology:
Registration as an apprentice or student $ 5.00
Examination for Manicurist, Operator,
Instructor, or Facial Operator license 15.00
Cosmetology school license (initial) 400.00
Cosmetology school license (renewal) 125.00
Renewal Advanced Operator license (annual) 15.00
Facial Operator license (annual) 15.00
Operator license (annual) 15.00
Manicurist license (annual) 15.00
Facial/Esthetics Instructor license (annual) 20.00
Cosmetician license (annual) 15.00
Hairbraiding Technician (annual) 15.00
Manicurist/Nail Technician Instructor (annual) 20.00
Demonstrator license (annual) 20.00
Master Instructor license (annual) 20.00
Cosmetology Salon license (initial) 35.00
Cosmetology Salon license (renewal) 20.00
Cosmetic Studio license (initial) 40.00
Cosmetic Studio license (renewal) 20.00
Reciprocity license (initial) 30.00
Reciprocity processing fee 30.00
Duplicate license (in case of loss or
destruction of original) 5.00
Notary fee 1.00
Certification of Records 10.00
B. In addition to the fees specified in subsection A of this section, the Board shall charge a total penalty of Ten Dollars ($10.00), as provided for in Section 199.10 of this title.
C. Any person licensed as an advanced operator prior to July 1, 1985, may renew the advanced cosmetologist license annually by payment of the fee required by this section and by being in compliance with the rules promulgated by the State Board of Cosmetology.
Added by Laws 1949, p. 397, § 14, emerg. eff. June 6, 1949. Amended by Laws 1968, c. 313, § 8, emerg. eff. May 7, 1968; Laws 1978, c. 215, § 5; Laws 1985, c. 77, § 4, eff. July 1, 1985; Laws 1992, c. 184, § 3, eff. July 1, 1992; Laws 2000, c. 355, § 14, eff. July 1, 2000; Laws 2003, c. 56, § 8.
§59-199.15. State Cosmetology Fund.
A. There is hereby created in the State Treasury for the Oklahoma State Board of Cosmetology a revolving fund to be designated the State Cosmetology Fund. The fund shall be a continuing fund not subject to fiscal year limitations and shall consist of all fees and penalties collected pursuant to the Oklahoma Cosmetology Act or rules promulgated thereto and any other funds obtained or received by the State Board of Cosmetology pursuant to the Oklahoma Cosmetology Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and shall be expended by the Board for the purposes of implementing, administering and enforcing the Oklahoma Cosmetology Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
B. At the close of each fiscal year the Board shall pay into the General Revenue Fund of the state ten percent (10%) of the gross fees and penalties so charged, collected and received by the Board. Other than the ten percent (10%) all fees and penalties charged and monies collected and received, are hereby dedicated, appropriated and pledged to the accomplishment and fulfillment of the purposes of the Oklahoma Cosmetology Act.
C. All expenses, per diem, salaries, wages, travel, rents, printing, supplies, maintenance, and other costs incurred by the Board in the performance of its duty and in accomplishment and fulfillment of the purposes of the Oklahoma Cosmetology Act shall be a proper charge against and paid from the State Cosmetology Fund. In no event shall any claim or obligation accrue against the State of Oklahoma nor against the Cosmetology Fund in excess of the ninety percent (90%) or the amount of fees and penalties collected and paid into the State Treasury pursuant to the provisions of the Oklahoma Cosmetology Act.
Added by Laws 1949, p. 397, § 15, emerg. eff. June 6, 1949. Amended by Laws 1979, c. 30, § 18, emerg. eff. April 6, 1979; Laws 1998, c. 364, § 13, emerg. eff. June 8, 1998; Laws 2000, c. 355, § 15, eff. July 1, 2000.
§59-199.17. Repealed by Laws 2000, c. 355, § 16, eff. July 1, 2000.
§59-328. Designation of parts.
Chapter 7 of Title 59 of the Oklahoma Statutes shall be composed of two parts as follows: Part 1 shall be titled the State Dental Act, and Part 2 shall be titled the Oklahoma Dental Mediation Act.
Added by Laws 1996, c. 2, § 21, eff. Nov. 1, 1996.
§59-328.1. Citation - Subsequent enactments.
A. Part 1 of Chapter 7 of this title shall be known and may be cited as the "State Dental Act".
B. All statutes hereinafter enacted and codified in Part 1 of Chapter 7 of this title shall be considered and deemed part of the State Dental Act.
Added by Laws 1970, c. 173, § 1, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 1, eff. Nov. 1, 1996.
§59328.2. Declarations.
The practice of dentistry in the State of Oklahoma is hereby declared to affect the public health, safety and general welfare and to be subject to regulation and control in the public's best interest. It is further declared to be a matter of public interest and concern that the dental profession, through advancement and achievement, merits and receives the confidence of the public and that only properly qualified dentists be permitted to practice dentistry and supervise dental assistants and/or dental nurses in the State of Oklahoma. All provisions of this act relating to the practice of dentistry, the practice of dental hygiene, the procedures performed by dental assistants and/or dental nurses, and the fabrication of dental appliances in dental laboratories by dental laboratory technicians shall be liberally construed to carry out these objects and purposes.
Laws 1970, c. 173, § 2, eff. July 1, 1970.
§59-328.3. Definitions.
As used in the State Dental Act, the following words, phrases, or terms, unless the context otherwise indicates, shall have the following meanings:
1. "Accredited dental college" means an institution whose dental educational program is accredited by the Commission on Dental Accreditation of the American Dental Association;
2. "Accredited dental hygiene program" means a dental hygiene educational program which is accredited by the Commission on Dental Accreditation of the American Dental Association;
3. "Board" means the Board of Dentistry;
4. "Dentistry" means the practice of dentistry in all of its branches;
5. "Dentist" means a graduate of an accredited dental college who has been issued a license by the Board to practice dentistry as defined in Section 328.19 of this title;
6. "Dental office" means an establishment owned and operated by a dentist for the practice of dentistry, which may be composed of reception rooms, business offices, private offices, laboratories, and dental operating rooms where dental operations are performed;
7. "Dental hygienist" means an individual who has fulfilled the educational requirements and is a graduate of an accredited dental hygiene program and who has passed an examination and has been issued a license by the Board and who is authorized to practice dental hygiene as hereinafter defined;
8. "Dental assistant and/or dental nurse" means an individual working for a dentist, under the dentist's direct supervision, and performing duties in the dental office or a treatment facility, including the limited treatment of patients in accordance with the provisions of the State Dental Act. A dental assistant or dental nurse may assist a dentist with the patient; provided, this shall be done only under the direct supervision and control of the dentist and only in accordance with the educational requirements and rules promulgated by the Board;
9. "Dental laboratory" means a location, whether in a dental office or not, where a dentist or a dental laboratory technician performs dental laboratory technology;
10. "Dental laboratory technician" means an individual whose name is duly filed in the official records of the Board, which authorizes the technician, upon the laboratory prescription of a dentist, to perform dental laboratory technology, which services must be rendered only to the prescribing dentist and not to the public;
11. "Dental laboratory technology" means using materials and mechanical devices for the construction, reproduction or repair of dental restorations, appliances or other devices to be worn in a human mouth;
12. "Dental specialty" means a specialized practice of a branch of dentistry, recognized and defined by the American Dental Association and the rules of the Board;
13. "Direct supervision" means the supervisory dentist is in the dental office or treatment facility and, during the appointment, personally examines the patient, diagnoses any conditions to be treated, authorizes the procedures to be performed by a dental hygienist or dental assistant, remains in the dental office or treatment facility while the procedures are being performed and, before dismissal of the patient, evaluates the results of the dental treatment;
14. "General supervision" means the supervisory dentist has previously diagnosed any conditions to be treated, has personally authorized the procedures to be performed by a dental hygienist, and will evaluate the results of the dental treatment within a reasonable time as determined by the nature of the procedures performed, the needs of the patient, and the professional judgment of the supervisory dentist;
15. "Indirect supervision" means the supervisory dentist is in the dental office or treatment facility and has personally diagnosed any conditions to be treated, authorizes the procedures to be performed by a dental hygienist, remains in the dental office or treatment facility while the procedures are being performed, and will evaluate the results of the dental treatment within a reasonable time as determined by the nature of the procedures performed, the needs of the patient, and the professional judgment of the supervisory dentist;
16. "Investigations" means an investigation proceeding, authorized under Sections 328.15 and 328.43a of this title, to investigate alleged violations of the State Dental Act or the rules of the Board;
17. "Laboratory prescription" means a written description, dated and signed by a dentist, of dental laboratory technology to be performed by a dental laboratory technician;
18. "Out-of-state dental hygienist" means a graduate of an accredited dental hygienist program who holds a license to practice dental hygiene in another state but who is not licensed to practice dental hygiene in this state;
19. "Out-of-state dentist" means a graduate of an accredited dental college who holds a license to practice dentistry in another state but who is not licensed to practice dentistry in this state;
20. "Patient" or "patient of record" means an individual who has given a medical history and has been examined and accepted for dental care by a dentist;
21. "Supervision" means direct supervision, indirect supervision, or general supervision; and
22. "Treatment facility" means:
a. a federal, state or local public health facility,
b. a private health facility,
c. a group home or residential care facility serving the elderly, handicapped or juveniles,
d. a hospital,
e. a nursing home,
f. a penal institution operated by or under contract with the federal or state government,
g. a public or private school,
h. a patient of record's private residence,
i. an accredited dental college,
j. an accredited dental hygiene program, or
k. such other places as are authorized by the rules of the Board.
Added by Laws 1970, c. 173, § 3, eff. July 1, 1970. Amended by Laws 1998, c. 377, § 1, eff. Nov. 1, 1998; Laws 1999, c. 280, § 1, eff. Nov. 1, 1999; Laws 2003, c. 172, § 1, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 1, eff. Nov. 1, 2005.
§59-328.4. Repealed by Laws 1998, c. 377, § 7, eff. Nov. 1, 1998.
§59-328.5. Repealed by Laws 1998, c. 377, § 7, eff. Nov. 1, 1998.
§59-328.7. Board of Dentistry - Membership - Tenure - Nomination and election districts - Vacancies.
A. Pursuant to Section 39 of Article V of the Oklahoma Constitution, there is hereby created the Board of Dentistry which shall be an agency of state government. The Board shall adopt a seal, sue and be sued in its own name, and implement and enforce the provisions of the State Dental Act.
B. 1. The Board shall consist of eight dentist members, one dental hygienist member and two members who shall represent the public. One dentist member shall be elected by the dentists residing in each of the eight geographical districts established by subsection D of this section. The dental hygienist member shall be elected at-large by the dental hygienists residing in this state who are legally licensed to practice dental hygiene therein. The two public representative members shall be appointed by the Governor, subject to confirmation by the Senate. No public representative member may be a dentist, dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory, or be related within the third degree of consanguinity or affinity to any such person.
2. Before assuming duties on the Board, each member shall take and subscribe to the oath of office or affirmation provided in Article XV of the Oklahoma Constitution, which oath or affirmation shall be administered and filed as provided in the Article.
3. Each member of the Board shall hold office for a term of three (3) years and until a successor in office is elected and qualified. Board members shall not serve for more than three (3) consecutive terms. To be eligible to be elected to and serve on the Board, a dentist or dental hygienist must have been licensed to practice in this state for at least five (5) years, and for the five (5) years prior to the date of counting the ballots, not have been subject to a penalty imposed by the Board or its predecessor board.
C. 1. a. Nominations for dentist members of the Board shall be by petition signed by at least ten dentists residing in the district to be represented by the nominee.
b. Nominations for the dental hygienist member of the Board shall be by petition signed by at least ten dental hygienists residing in this state.
2. The elections shall be by secret ballot. The ballots shall be mailed by the Board to those entitled to vote at least thirty (30) days prior to the date of counting of the ballots and shall be returned by mail to the office of the Board, then opened and counted at a meeting of the Board. In other respects, elections shall be conducted as provided by the rules of the Board.
3. a. Only dentists residing in a district shall be entitled to vote to elect the Board member from that district.
b. Only dental hygienists residing and licensed in this state shall be entitled to vote to elect the dental hygienist Board member.
D. For the purpose of nominating and electing dentist members of the Board, this state shall be divided into eight geographical districts, which shall consist of the following counties within the following districts:
District No. 1: Cimarron, Texas, Beaver, Harper, Woods, Alfalfa, Grant, Kay, Ellis, Woodward, Major, Garfield, Noble, Dewey, Blaine, Kingfisher and Logan.
District No. 2: Tulsa and Creek.
District No. 3: Roger Mills, Custer, Beckham, Washita, Harmon, Greer, Kiowa, Caddo, Jackson and Tillman.
District No. 4: Canadian, Grady, McClain, Comanche, Cotton, Stephens, Jefferson, Garvin, Murray, Carter and Love.
District No. 5: Oklahoma.
District No. 6: Lincoln, Cleveland, Pottawatomie, Seminole, Okfuskee, Hughes, Pontotoc, Coal, Johnston, Marshall and Bryan.
District No. 7: Mayes, Wagoner, Cherokee, Adair, Okmulgee, Muskogee, Sequoyah, McIntosh, Haskell, Pittsburg, Latimer, LeFlore, Atoka, Pushmataha, Choctaw and McCurtain.
District No. 8: Osage, Payne, Washington, Nowata, Craig, Ottawa, Rogers, Delaware and Pawnee.
E. 1. Dentist members of the Board may be recalled and removed from the Board in a special recall election to be conducted by the Board upon receipt of a written recall petition signed by at least twenty percent (20%) of the dentists residing in the district represented by the member who is the subject of the recall petition. Only dentists residing in the affected district may vote in the special recall election.
2. The dental hygienist member of the Board may be recalled and removed from the Board in a special recall election to be conducted by the Board upon receipt of a written recall petition signed by at least twenty percent (20%) of the licensed dental hygienists residing in this state. Only dental hygienists residing and licensed in this state shall be entitled to vote in the special recall election.
3. Special recall elections shall be by secret ballot. The ballots shall be mailed by the Board to those entitled to vote at least thirty (30) days prior to the date of counting the ballots and shall be returned by mail to the office of the Board, then opened and counted at a meeting of the Board. In other respects, special recall elections shall be conducted as provided by the rules of the Board. If a majority of the votes cast in the special recall election are in favor of recalling the Board member, the member shall be removed from the Board effective on the date the results of the special recall election are certified by the Board.
F. 1. A vacancy among the dentist members of the Board shall be filled by a special election in the district of the vacancy for the unexpired term within sixty (60) days after the vacancy occurs.
2. A vacancy of the dental hygienist member on the Board shall be filled by a special election in this state for the unexpired term within sixty (60) days after the vacancy occurs.
3. Nominations shall be made and special elections shall be conducted in the same manner as provided in subsection C of this section. If no one is nominated within forty-five (45) days from date of vacancy, the vacancy shall be filled by appointment by the Board. A vacancy among the public representative members of the Board shall be filled by appointment by the Governor, subject to confirmation by the Senate.
Added by Laws 1970, c. 173, § 7, eff. July 1, 1970. Amended by Laws 1979, c. 58, § 1, emerg. eff. April 10, 1979; Laws 1985, c. 178, § 30, operative July 1, 1985; Laws 1996, c. 2, § 2, eff. Nov. 1, 1996; Laws 1997, c. 108, § 2, eff. Nov. 1, 1997; Laws 1999, c. 280, § 2, eff. Nov. 1, 1999; Laws 2000, c. 283, § 3, eff. Nov. 1, 2000.
§59-328.8. Repealed by Laws 1997, c. 108, § 8, eff. Nov. 1, 1997.
§59-328.9. Repealed by Laws 2000, c. 283, § 7, eff. Nov. 1, 2000.
§59-328.10. Officers - Election - Tenure - Meetings - Bond - Liability - Expenses.
A. The Board of Dentistry shall organize annually at the last regularly scheduled meeting of the Board before the beginning of each fiscal year, by electing from among its members a president, a first vice-president, a second vice-president, and a secretary-treasurer. The duties of each officer shall be prescribed in the rules of the Board. The term of office of the persons elected president, vice-presidents and secretary-treasurer shall be for the following fiscal year and until their successors are elected and qualified.
B. The Board shall hold regularly scheduled meetings during each quarter of the year at a time and place determined by the Board and may hold such special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be expedient or necessary. A majority of the Board shall constitute a quorum for the transaction of business.
C. The Board may appoint an individual to be the principal administrative officer of the Board and may confer upon that person the title selected by the Board, based upon the person's education, background, experience and ability. The principal administrative officer shall be responsible for the performance of administrative functions delegated by the Board.
D. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the Administrative Procedures Act.
E. All members of the Board and such employees, as determined by the Board, shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
F. The responsibilities and rights of any member or employee of the Board who acts within the scope of Board duties or employment shall be governed by the Governmental Tort Claims Act.
G. Members of the Board shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
Added by Laws 1970, c. 173, § 10, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 3, eff. Nov. 1, 1996.
§59-328.11. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.12. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.13. Repealed by Laws 1999, c. 280, § 12, eff. Nov. 1, 1999.
§59-328.14. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.15. Powers of Board.
A. Pursuant to and in compliance with Article I of the Administrative Procedures Act, the Board of Dentistry shall have the power to formulate, adopt, and promulgate rules as may be necessary to regulate the practice of dentistry in this state and to implement and enforce the provisions of the State Dental Act.
B. The Board is authorized and empowered to:
1. Examine and test the qualifications of applicants for a license or permit to be issued by the Board;
2. Affiliate by contract or cooperative agreement with another state or combination of states for the purpose of conducting simultaneous regional examinations of applicants for a license to practice dentistry, dental hygiene, or a dental specialty;
3. Maintain a list of the name, current mailing address and principal office address of all persons who hold a license or permit issued by the Board;
4. Account for all receipts and expenditures of the monies of the Board, including annually preparing and publishing a statement of receipts and expenditures of the Board for each fiscal year. The Board's annual statement of receipts and expenditures shall be audited by the State Auditor and Inspector or an independent accounting firm, and the audit report shall be certified to the Governor of this state to be true and correct, under oath, by the president and secretary-treasurer of the Board;
5. Within limits prescribed in the State Dental Act, set all fees and administrative penalties to be imposed and collected by the Board;
6. Maintain an office staff and employ legal counsel and other advisors to the Board, including advisory committees;
7. Investigate and issue investigative and other subpoenas, pursuant to Article II of the Administrative Procedures Act;
8. Initiate individual proceedings and issue orders imposing administrative penalties, pursuant to Article II of the Administrative Procedures Act, against any dentist, dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory who has violated the State Dental Act or the rules of the Board;
9. Conduct, in a uniform and reasonable manner, inspections of dental offices and dental laboratories and their business records;
10. Establish guidelines for courses of study necessary for expanded duties of dental assistants and, when appropriate, issue permits authorizing dental assistants to perform expanded duties;
11. Establish continuing education requirements for dentists, dental hygienists, and dental assistants who hold expanded duty permits issued by the Board;
12. Recognize the parameters of care established and approved by the American Dental Association;
13. Formulate, adopt, and promulgate rules, pursuant to Article I of the Administrative Procedures Act, as may be necessary to implement and enforce the provisions of the Oklahoma Dental Mediation Act;
14. Hire one or more investigators to conduct investigations of alleged violations of the State Dental Act or the rules of the Board. The investigator may be a certified peace officer who shall be commissioned with all the powers and authority of peace officers of this state for the sole purpose of enforcement of the State Dental Act and rules of the Board as they relate to those individuals that are licensed, receive certificates and permits from the State Dental Board;
15. Seek and receive advice and assistance of the Office of the Attorney General of this state;
16. Promote the dental health of the people of this state;
17. Inform, educate, and advise all persons who hold a license or permit issued by the Board, or who are otherwise regulated by the Board, regarding the State Dental Act and the rules of the Board;
18. Affiliate with the American Association of Dental Examiners as an active member, pay regular dues, and send members of the Board as delegates to its meetings;
19. Enter into contracts;
20. Acquire, rent, hold, encumber, and dispose of personal property as is needed;
21. Receive or accept the surrender of a license, permit, or certificate granted to any person by the Board as provided in Section 328.44a of this title; and
22. Take all other actions necessary to implement and enforce the State Dental Act.
Added by Laws 1970, c. 173, § 15, eff. July 1, 1970. Amended by Laws 1981, c. 216, § 1; Laws 1983, c. 304, § 34, eff. July 1, 1983; Laws 1996, c. 2, § 4, eff. Nov. 1, 1996; Laws 1998, c. 377, § 2, eff. Nov. 1, 1998; Laws 2003, c. 172, § 2, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 2, eff. Nov. 1, 2005.
§59-328.16. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.17. Appointment of dental hygienist to sit with Board.
A. The Board of Dentistry shall have power to appoint one dental hygienist in an advisory capacity to sit with the Board to:
1. Assist the Board in the administration and enforcement of the dental hygienist provisions of the State Dental Act; and
2. Be present only at a Board meeting when the agenda of the meeting includes matters pertinent to the administration and enforcement of the dental hygiene provision of the State Dental Act.
B. The appointment shall be made from a list of names submitted to the Board by the dental hygienists of this state.
C. The appointment shall be for a period of two (2) years or until a successor is appointed.
Added by Laws 1970, c. 173, § 17, eff. July 1, 1970. Amended by Laws 2003, c. 172, § 3, emerg. eff. May 5, 2003.
§59-328.18. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.19. Acts constituting practice of dentistry - Acts not prevented.
A. The following acts by any person shall be regarded as practicing dentistry within the meaning of the State Dental Act:
1. Representing oneself to the public as being a dentist or as one authorized to practice dentistry;
2. Representing oneself to the public as being able to diagnose or examine clinical material and contract for the treating thereof;
3. Treating or professing to treat by professional instructions;
4. Representing oneself to the public as treating any of the diseases or disorders or lesions of the oral cavity, teeth, gums, maxillary bones, and associate structures;
5. Removing human teeth;
6. Repairing or filling cavities in human teeth;
7. Correcting or attempting to correct malposed teeth;
8. Administering anesthetics, general or local;
9. Treating deformities of the jaws and adjacent structures;
10. Using x-ray and interpreting dental x-ray film;
11. Offering or undertaking, by any means or methods, to remove stains, discolorations, or concretions from the teeth;
12. Operating or prescribing for any disease, pain, injury, deficiency, deformity, or any physical condition connected with the human mouth;
13. Taking impressions of the teeth and jaws;
14. Furnishing, supplying, constructing, reproducing, or repairing, or offering to furnish, supply, construct, reproduce, or repair, prosthetic dentures, sometimes known as plates, bridges, or other substitutes for natural teeth for the user or prospective user thereof;
15. Adjusting or attempting to adjust any prosthetic denture, bridge, appliance, or any other structure to be worn in the human mouth;
16. Diagnosing, making, and adjusting appliances to artificial casts of malposed teeth for treatment of the malposed teeth in the human mouth, without instructions;
17. Writing a laboratory prescription to a dental laboratory or dental laboratory technician for the construction, reproduction or repair of any appliance or structure to be worn in the human mouth; or
18. Owning, maintaining, or operating an office or offices by holding a financial interest in same for the practice of dentistry.
B. The fact that a person uses any dental degree, or designation, or any card, device, directory, poster, sign or other media representing oneself to be a dentist shall be prima facie evidence that the person is engaged in the practice of dentistry; provided that nothing in this section shall be so construed as to prevent the following:
1. Physicians or surgeons, who are licensed under the laws of this state, from administering any kind of treatment coming within the province of medicine or surgery;
2. The practice of dentistry in the discharge of their official duties by dentists in the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Coast Guard, the United States Public Health Service, or the United States Veterans Administration;
3. Dental schools or colleges, as now conducted and approved, or as may be approved, and the practice of dentistry by students in dental schools, colleges or hospitals, approved by the Board, when acting under the direction and supervision of licensed dentists or dentists holding properly issued permits acting as instructors;
4. Acts of a dental clinician or other participant at a dental educational meeting or at an accredited dental college, when no fee is charged to or paid by a patient;
5. The practice of dental hygiene, as defined herein, by a person granted a license by the Board;
6. The performing of acts by a dental assistant and/or dental nurse who performs the acts under the direct supervision of a dentist and in accordance with the provisions of the State Dental Act and the rules promulgated by the Board; or
7. The fabrication of dental appliances pursuant to a laboratory prescription of a dentist, by a dental laboratory technician in a dental laboratory using inert materials and mechanical devices for the fabrication of any restoration, appliance or thing to be worn in the human mouth.
Added by Laws 1970, c. 173, § 19, eff. July 1, 1970. Amended by Laws 1999, c. 280, § 3, eff. Nov. 1, 1999; Laws 2003, c. 172, § 4, emerg. eff. May 5, 2003.
§59-328.20. Renumbered as § 328.36a of this title by Laws 1999, c. 280, § 11, eff. Nov. 1, 1999.
§59-328.21. Application for license - Qualifications - Examination.
A. No person, unless registered to practice dentistry or dental hygiene in this state on July 1, 1970, shall practice dentistry or dental hygiene without first applying for and obtaining a license from the Board of Dentistry.
B. Application shall be made to the Board in writing and shall be accompanied by the fee established by the rules of the Board, together with satisfactory proof that the applicant:
1. Is of good moral character; and
2. Is twenty-one (21) years of age, or over, at the time of making application to practice dentistry or eighteen (18) years of age, or over, if the applicant is to practice dental hygiene.
C. An application from a candidate who desires to secure a license from the Board to practice dentistry or dental hygiene in this state shall be accompanied by satisfactory proof that the applicant is:
1. A graduate of an accredited dental college, if the applicant is to practice dentistry; or
2. A graduate of an accredited dental hygiene program, if the applicant is to practice dental hygiene.
The college or program, in either case, shall be accredited by the Commission on Dental Accreditation of the American Dental Association.
D. 1. When the applicant and the accompanying proof are found satisfactory, the Board shall notify the applicant to appear for examination at the time and place to be fixed by the Board. Examination shall be of a character to give a fair test of the qualifications of the applicant to practice dentistry or dental hygiene, whichever the case may be, and shall consist of three parts, namely:
a. a written theoretical examination,
b. a clinical examination, and
c. a written jurisprudence examination, relating to the contents and interpretation of the State Dental Act and the rules of the Board.
2. The theoretical and jurisprudence examination papers and all grading thereon, and the grading of the clinical examination, shall be deemed public documents, and shall be preserved by the Board for a period of two (2) years after the Board has made and published its decision thereon.
E. The Board shall require every applicant for a license to practice dentistry or dental hygiene to:
1. Submit, for the files of the Board, a photostatic copy of a dental degree or dental hygiene degree, an official transcript and a recent photograph duly identified and attested; and
2. Pass an examination required by the Board in the theory and practice of the science of dentistry or dental hygiene, whichever the case may be. The Board may recognize the results of examinations conducted by the Commission on National Dental Examinations or results of regionally conducted examinations with which regions the Board is affiliated by contract or cooperative agreement pursuant to Section 328.15 of this title, in lieu of, or subject to, such examinations as may be required.
F. Any applicant who fails to pass any part of the first examination may apply for a second examination, in which case the applicant shall pay a reexamination fee as established by the rules of the Board. Any applicant who fails to pass the examination upon first trial may be given credit for such subjects as the Board may allow, but such credits shall be extended only to the succeeding examinations. If the applicant fails to pass a second examination, before further re-examination, the Board may require evidence of additional education, as specified by the Board. After a third examination, the Board may deny the applicant another examination.
Added by Laws 1970, c. 173, § 21, eff. July 1, 1970. Amended by Laws 1981, c. 216, § 2; Laws 1999, c. 280, § 5, eff. Nov. 1, 1999; Laws 2003, c. 172, § 5, emerg. eff. May 5, 2003.
§59-328.22. Specialty license.
A. 1. The Board of Dentistry may issue a dental specialty license authorizing a dentist or an out-of-state dentist to represent himself or herself to the public as a specialist, and to practice as a specialist, in a dental specialty.
2. No dentist or out-of-state dentist shall represent himself or herself to the public as a specialist, nor practice as a specialist, unless the individual:
a. has successfully completed an advanced dental specialty educational program accredited by the Commission on Dental Accreditation of the American Dental Association, and
b. has been issued a dental specialty license by the Board.
B. 1. Except as authorized in subsection C of this section, an applicant for a dental specialty license must satisfactorily pass an examination for dental specialty practice, as provided in the rules of the Board.
2. An applicant for a dental specialty license who fails the examination shall be entitled to retake the examination upon such terms and conditions as may be established by the rules of the Board.
C. 1. The Board may issue a dental specialty license by credentialing, without examination in the dental specialty, to an out-of-state dentist who:
a. is in good standing with the dental licensing agency of the state or states in which the out-of-state dentist has been issued a license to practice dentistry,
b. has successfully completed an advanced dental specialty educational program accredited by the Commission on Dental Accreditation of the American Dental Association, and
c. has been issued a dental specialty license by the dental licensing agency of another state or has received board certification from a national dental specialty board recognized by the Commission on Dental Accreditation of the American Dental Association and the rules of the Board.
2. In conducting an investigation of an out-of-state dentist who has applied for a dental specialty license pursuant to this subsection, the Board may require of the applicant disclosure of the same background information as is required of an applicant for a license to practice dentistry in this state. If the Board determines that the out-of-state dentist is competent to practice a dental specialty, and after the out-of-state dentist passes an examination on the contents and interpretation of the State Dental Act and the rules of the Board, the out-of-state dentist may be issued a dental specialty license by the Board.
3. The Board may require:
a. an applicant for a dental specialty license pursuant to this subsection to have completed the same continuing education requirements as required of dentists in this state, and
b. that the state from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dentists of this state.
D. Upon payment of a fee established by the rules of the Board, any applicant who meets the requirements of this section shall be entitled to be issued a dental specialty license by the Board.
E. Out-of-state dentists to whom dental specialty licenses have been issued by the Board, but who have not been licensed in this state to practice dentistry, shall limit their practice in this state to the practice of the specialty for which they hold a dental specialty license.
Added by Laws 1970, c. 173, § 22, eff. July 1, 1970. Amended by Laws 1998, c. 377, § 3, eff. Nov. 1, 1998.
§59-328.23. Licensing of out-of-state dentists - Certificate of good standing.
A. 1. The Board of Dentistry may issue a license to practice dentistry, without examination, to an out-of-state dentist who has been engaged in the practice of dentistry in another state for at least five (5) years, upon presentation to the Board of a certificate from the dental licensing agency of that state, certifying the applicant's length of practice and that the applicant is in good standing with the agency, and upon the payment of a fee established by the rules of the Board; provided, however, the state from which the applicant presents a license to practice dentistry shall have required the applicant to meet professional education, competency, and moral character standards substantially equivalent to the standards required by the Board for issuance of a license by examination to practice dentistry in this state.
2. The Board shall not issue a license pursuant to this subsection to any person who would not otherwise be eligible to receive a license to practice dentistry.
3. The Board may require:
a. an applicant for a license to practice dentistry pursuant to this subsection to have completed the same continuing education requirements as required of dentists in this state, and
b. that the state from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dentists of this state.
B. Any dentist who is in good standing with the Board shall, upon application to the Board and payment of a fee established by the rules of the Board, receive a certificate which shall attest that the dentist is in good standing with the Board.
Added by Laws 1970, c. 173, § 23, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 6, eff. Nov. 1, 1996; Laws 1998, c. 377, § 4, eff. Nov. 1, 1998.
§59-328.23a. Special volunteer dental license.
A. There is established a special volunteer dental license for dentists who are retired from active practice and wish to donate their expertise for the dental care and treatment of indigent and needy persons of the state. The special volunteer dental license shall be:
1. Issued by the Board of Dentistry to eligible dentists;
2. Issued without the payment of an application fee, license fee or renewal fee;
3. Issued or renewed without any continuing education requirements;
4. Issued for a fiscal year or part thereof; and
5. Renewable annually upon approval of the Board.
B. A dentist must meet the following requirements to be eligible for a special volunteer dental license:
1. Completion of a special volunteer dental license application, including documentation of the dentist's dental school graduation and practice history;
2. Documentation that the dentist has been previously issued a full and unrestricted license to practice dentistry in Oklahoma or in another state of the United States and that he or she has never been the subject of any medical disciplinary action in any jurisdiction;
3. Acknowledgement and documentation that the dentist's practice under the special volunteer dental license will be exclusively and totally devoted to providing dental care to needy and indigent persons in Oklahoma; and
4. Acknowledgement and documentation that the dentist will not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any dental services rendered under the special volunteer dental license.
Added by Laws 2003, c. 138, § 3, eff. Nov. 1, 2003.
§59328.24. Dental hygienists from other states or territories Certificate of ability Certificate for member removing to another state or territory.
A. 1. The Board of Dentistry may issue a license to practice dental hygiene, without examination, to an out-of-state dental hygienist who has been engaged in the active practice of dental hygiene in another state or territory for at least two (2) years immediately preceding application, upon presentation to the Board of a certificate from the Board of Dental Examiners or a like dental hygiene licensing agency of that state or territory, certifying the applicant's length of practice and that the applicant is in good standing with the agency, and upon the payment of a fee established by the rules of the Board; provided, however, the state or territory from which the applicant presents a license to practice dental hygiene shall have required the applicant to meet professional education, competency, and other eligibility standards equivalent to the standards required by the Board for issuance of a license by examination to practice dental hygiene in this state.
2. The Board shall not issue a license pursuant to this subsection to any person who would not otherwise be eligible to receive a license to practice dental hygiene.
3. The Board may require:
a. an applicant for a license to practice dental hygiene pursuant to this subsection to have completed the same continuing education requirements as required of dental hygienists in this state, and
b. that the state or territory from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dental hygienists of this state.
B. Any dental hygienist who is in good standing with the Board shall, upon application to the Board and payment of a fee established by the rules of the Board, receive a certificate which shall attest that the dental hygienist is in good standing with the Board.
Added by Laws 1970, c. 173, § 24, eff. July 1, 1970. Amended by Laws 2000, c. 283, § 4, eff. Nov. 1, 2000.
§59328.25. Temporary certificate of ability to practice dental hygiene.
A. The Board of Dentistry may issue a temporary license to practice dental hygiene, without examination, to an out-of-state dental hygienist who has been engaged in the active practice of dental hygiene in another state or territory during the two (2) years immediately preceding application upon presentation to the Board of a certificate from the Board of Dental Examiners or a like dental hygiene licensing agency of that state or territory, certifying that the applicant is in good standing with the agency and upon the payment of a fee established by the rules of the Board; provided, however, the state or territory from which the applicant presents a license to practice dental hygiene shall have required the applicant to meet professional education, competency, and other eligibility standards equivalent to the standards required by the Board for issuance of a license by examination to practice dental hygiene in this state.
B. A holder of a temporary license to practice dental hygiene shall have the same rights and privileges and be governed by the State Dental Act and the rules of the Board in the same manner as a holder of a permanent license to practice dental hygiene. A temporary license to practice dental hygiene shall expire as of the date of the next dental hygiene clinical examination required by the Board.
Added by Laws 1970, c. 173, § 25, eff. July 1, 1970. Amended by Laws 2000, c. 283, § 5, eff. Nov. 1, 2000.
§59-328.26. Dental intern permits.
A. The Board of Dentistry may, without examination, issue a dental intern permit to a graduate of an approved dental school or college, who is otherwise qualified, upon request of the governing body of any public or private institution for the graduate to serve as a dental intern or resident in the institution, with limited duties as defined in the permit.
B. A dental intern permit shall not be issued to any person whose license to practice dentistry in this state or in another state has been suspended or revoked, or to whom a license to practice dentistry has been refused.
C. A dental intern permit shall not authorize the holder to open an office for the private practice of dentistry, or to receive compensation for the practice of dentistry, except a salary paid by the federal government or this state, or their subdivisions, or the public or private institution where the holder of the dental intern permit will be employed.
D. Dental intern permits may be renewed annually at the discretion of the Board.
Added by Laws 1970, c. 173, § 26, eff. July 1, 1970. Amended by Laws 1990, c. 51, § 121, emerg. eff. April 9, 1990; Laws 1996, c. 2, § 7, eff. Nov. 1, 1996.
§59-328.27. Faculty permits.
A. 1. The Board of Dentistry may, without a clinical examination, upon presentation of satisfactory credentials, including completion of the dental hygiene National Boards and both Part I and Part II of the National Board examination for dentists, and under such rules as the Board may promulgate, issue a faculty permit to an applicant who:
a. is a graduate of a school of dentistry approved by the Board and is licensed to practice dentistry in another state or country,
b. successfully completes advanced training in a specialty approved by the Commission on Dental Accreditation of the American Dental Association, or
c. is a graduate of an accredited dental hygiene program and is licensed to practice dental hygiene in another state.
2. A faculty permit shall be issued only upon the certification of the dean of an accredited dental college or the director of an accredited dental hygiene program located in this state that the applicant is a bona fide member of the teaching staff of that college or program.
3. A faculty permit shall be valid for one (1) year and may be renewed by the Board at the written request of the dean of an accredited dental program or the director of an accredited dental hygiene program.
B. The holder of a faculty permit shall be entitled to perform services and procedures in the same manner as a person holding a license to practice dentistry or dental hygiene in this state, but all services and procedures performed by the faculty permit holder shall only be without compensation other than that received in salary from a faculty position or through faculty practice as authorized by the Board. Such services and procedures shall be performed only within the facilities of an accredited dental college or accredited dental hygiene program or in a seminar or postgraduate course and as an adjunct to teaching functions. A holder of a faculty permit shall only engage in faculty practice of dentistry or dental hygiene within the facilities designated by the accredited dental college and including teaching hospitals approved by the Board.
Added by Laws 1970, c. 173, § 27, eff. July 1, 1970. Amended by Laws 1999, c. 280, § 6, eff. Nov. 1, 1999; Laws 2005, c. 377, § 3, eff. Nov. 1, 2005.
§59-328.28. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59328.29. Unlawful practices for dental hygienists.
A. It shall be unlawful for any dental hygienist to:
1. Advertise or publish, directly or indirectly, or circulate through the usual commercial channels, such as the press, magazines, directories, radio, television, sign, display or by leaflets, the fact that he or she is in the practice of dental hygiene;
2. Place his or her name in any city, commercial or other directory;
3. Place his or her name in the classified section of a telephone directory;
4. Offer free dental service or examination as an inducement to gain patronage;
5. Claim the use of any secret or patented methods or treatments;
6. Employ or use solicitors to obtain patronage;
7. Pay or accept commission in any form or manner as compensation for referring patients to any person for professional services;
8. In any way advertise as having ability to diagnose or prescribe for any treatment;
9. Publish any schedule or comparative prices or fees for his or her services;
10. Claim or infer superiority over other dental hygienists;
11. Perform any services in the mouth other than those which are hereafter authorized by the Board of Dentistry pursuant to authority conferred by the State Dental Act;
12. Attempt to conduct a practice of dental hygiene in any place or in any manner other than as authorized by Section 328.34 of this title;
13. Attempt to use in any manner whatsoever any oral prophylaxis list, call list, records, reprints or copies of same or information gathered therefrom, or the names of patients whom he or she has formerly treated when serving as an employee in the office of a dentist for whom he or she was formerly employed; or
14. Fail to keep prominently displayed in the office of the dentist for whom he or she is employed his or her license and annual renewal certificate.
B. 1. Any person committing an offense against any of the provisions of this section, including, but not limited to, duly promulgated rules of the Board shall, upon conviction thereof, be subjected to such penalties as are provided in the State Dental Act.
2. A writ of injunction without bond shall be made available to the Board of Dentistry for the enforcement of the State Dental Act.
C. It shall not be a violation of the State Dental Act for a dental hygienist to place his or her name in letters no larger than those used by his or her dentist employer on the door, window or premises, with the letters R.D.H. or the words, dental hygienist, following his or her name.
Added by Laws 1970, c. 173, § 29, eff. July 1, 1970. Amended by Laws 2003, c. 171, § 1, emerg. eff. May 5, 2003.
§59-328.29a. Dental assistant - Revocation or suspension of permit, probation or censure - Reinstatement.
A. The Board of Dentistry shall have the power, after a hearing, to revoke or suspend a permit of a dental assistant or to discipline by a probation or censure, public or private, for:
1. Any of the causes now existing in the laws of the State of Oklahoma;
2. A violation of the provisions of the State Dental Act; or
3. A violation of the rules of the Board promulgated pursuant to the State Dental Act.
B. The Board shall also have the power to act upon a petition by a dental assistant for reinstatement to good standing. The Board shall keep a record of the evidence and proceedings in all matters involving the revocation or suspension of a permit, censure or probation of a dental assistant. The Board shall make findings of fact and a decision thereon. The Board shall immediately forward a certified copy of the decision to the dental assistant involved by registered mail to the last-known business address of the dental assistant and the employing dentist of the dental assistant.
C. The decision shall be final unless the dental assistant appeals the decision as provided by the State Dental Act.
D. The Board shall have power to revoke or suspend the permit, censure, or place on probation a dental assistant for a violation of one or more of the following:
1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;
2. The presentation to the Board of false application or documentation for expanded duty permits;
3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue to function as a dental assistant;
4. Functioning outside the supervision of a dentist;
5. Performing any function prohibited by Chapter 15 of the Oklahoma Administrative Code; or
6. Failure to secure an annual registration as specified in Section 328.41 of Title 59 of the Oklahoma Statutes.
Added by Laws 2005, c. 377, § 4, eff. Nov. 1, 2005.
§59-328.30. Repealed by Laws 1998, c. 377, § 7, eff. Nov. 1, 1998.
§59-328.31. Professional entities formed for practice of dentistry.
A. Professional entities formed pursuant to the Professional Entity Act, for the purpose of rendering professional services by a dentist, shall be subject to all of the provisions of the State Dental Act, except that professional entities shall not be required to obtain a license from the Board of Dentistry. Individuals who hold a license issued by the Board shall be responsible, pursuant to the State Dental Act, for their personal conduct without regard to the fact that they are acting as an owner, manager, agent or employee of, or the holder of an interest in, a professional entity.
B. Professional entities formed for the purpose of rendering professional services by a dentist must register with the Board before rendering such services and must update the registration during June of each year. The Board shall:
1. Provide the form and establish the fee for the registration and update;
2. Maintain a registry of all such professional entities; and
3. Publish annually a summary of the registry.
C. The Board is authorized to issue certificates pursuant to Section 804 of Title 18 of the Oklahoma Statutes and shall maintain a record of each certificate issued.
D. Enforcement actions by the Board for violation of the State Dental Act or the rules of the Board may be brought against a professional entity as well as against any individual who is or has acted as an owner, manager, agent or employee of, or the holder of an interest in, the professional entity.
Added by Laws 1970, c. 173, § 31, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 8, eff. Nov. 1, 1996.
§59-328.31a. Practice under trade names.
A dentist may use a trade name in connection with the practice of dentistry provided that:
1. The use of the trade name shall not be false, fraudulent or misleading;
2. Any advertisement in which the trade name appears shall include the name of the dentist actually providing the dental services;
3. The name of the dentist actually providing the dental services shall appear on all billing invoices or statements sent to a patient and on all receipts if any are given to a patient;
4. Treatment records shall be maintained for each patient that clearly identify the dentist who performed the dental services for the patient; and
5. When an advertisement is made in the trade name or the trade name is included in an advertisement, a copy of the advertisement, including a film and audio record if one was used, shall be kept by the dentist for three (3) years from the date of the advertisement.
Added by Laws 1996, c. 2, § 9, eff. Nov. 1, 1996.
§59-328.32. Dentists - Grounds for penalties.
A. The following acts or occurrences by a dentist shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry:
1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;
2. Presenting to the Board a false diploma, license, or certificate, or one obtained by fraud or illegal means;
3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dentistry;
4. Publishing a false, fraudulent, or misleading advertisement or statement;
5. Authorizing or aiding an unlicensed person to practice dentistry, to practice dental hygiene, or to perform a function for which a permit from the Board is required;
6. Authorizing or aiding a dental hygienist to perform any procedure prohibited by the State Dental Act or the rules of the Board;
7. Authorizing or aiding a dental assistant to perform any procedure prohibited by the State Dental Act or the rules of the Board;
8. Failing to pay fees as required by the State Dental Act or the rules of the Board;
9. Failing to complete continuing education requirements;
10. Representing himself or herself to the public as a specialist in a dental specialty without holding a dental specialty license therefor;
11. Representing himself or herself to the public as a specialist whose practice is limited to a dental specialty, when such representation is false, fraudulent, or misleading;
12. Endangering the health of patients by reason of having a highly communicable disease and continuing to practice dentistry without taking appropriate safeguards;
13. Being a menace to the public health by reasons of practicing dentistry in an unsafe or unsanitary manner or place;
14. Being shown to be mentally unsound;
15. Being shown to be grossly immoral and that such condition represents a threat to patient care or treatment;
16. Being incompetent to practice dentistry while delivering care to a patient;
17. Committing gross negligence in the practice of dentistry;
18. Committing repeated acts of negligence in the practice of dentistry;
19. Offering to effect or effecting a division of fees, or agreeing to split or divide a fee for dental services with any person, in exchange for the person bringing or referring a patient;
20. Being involuntarily committed to an institution for treatment for substance abuse, until recovery or remission;
21. Using or attempting to use the services of a dental laboratory or dental laboratory technician without issuing a laboratory prescription, except as provided in subsection C of Section 328.36 of this title;
22. Aiding, abetting, or encouraging a dental hygienist employed by the dentist to make use of an oral prophylaxis list, or the calling by telephone or by use of letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist formerly employing such hygienist;
23. Having more than the equivalent of two full-time dental hygienists for each dentist actively practicing in the same dental office who will supervise the dental hygienists;
24. Knowingly patronizing or using the services of a dental laboratory or dental laboratory technician who has not complied with the provisions of the State Dental Act and the rules of the Board;
25. Authorizing or aiding a dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory to violate any provision of the State Dental Act or the rules of the Board;
26. Willfully disclosing confidential information;
27. Writing a false, unnecessary, or excessive prescription for any drug or narcotic which is a controlled dangerous substance under either federal or state law;
28. Prescribing or administering any drug or treatment without having established a valid dentist-patient relationship;
29. Engaging in nonconsensual physical contact with a patient which is sexual in nature, or engaging in a verbal communication which is intended to be sexually demeaning to a patient;
30. Practicing dentistry without displaying, at the dentist's primary place of practice, the license issued to the dentist by the Board to practice dentistry and the current renewal certificate;
31. Being dishonest in a material way with a patient;
32. Failing to retain all patient records for at least three (3) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;
33. Failing to retain the dentist's copy of any laboratory prescription for at least three (3) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;
34. Allowing any corporation, organization, group, person, or other legal entity, except another dentist or a professional entity that is in compliance with the registration requirements of subsection B of Section 328.31 of this title, to direct, control, or interfere with the dentist's clinical judgment. Clinical judgment shall include, but not be limited to, such matters as selection of a course of treatment, control of patient records, policies and decisions relating to pricing, credit, refunds, warranties and advertising, and decisions relating to office personnel and hours of practice. Nothing in this paragraph shall be construed to:
a. limit a patient's right of informed consent, or
b. to prohibit insurers, preferred provider organizations and managed care plans from operating pursuant to the applicable provisions of the Oklahoma Insurance Code and the Public Health Code;
35. Violating the state dental act of another state resulting in a plea of guilty or nolo contendere, conviction or suspension or revocation of the license of the dentist under the laws of that state;
36. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice; or
37. Failing to comply with the terms and conditions of an order imposing suspension of a license or placement on probation issued pursuant to Section 328.44a of this title.
B. The provisions of the State Dental Act shall not be construed to prohibit any dentist from displaying or otherwise advertising that the dentist is also currently licensed, registered, certified, or otherwise credentialed pursuant to the laws of this state or a nationally recognized credentialing board, if authorized by the laws of the state or credentialing board to display or otherwise advertise as a licensed, registered, certified, or credentialed dentist.
Added by Laws 1970, c. 173, § 32, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 10, eff. Nov. 1, 1996; Laws 1998, c. 377, § 5, eff. Nov. 1, 1998; Laws 2000, c. 283, § 6, eff. Nov. 1, 2000.
§59-328.33. Revocation or suspension of license of dental hygienist or discipline by probation or reprimand.
A. The Board of Dentistry shall have the power, after a hearing, to revoke or suspend a license of a dental hygienist or to discipline by probation or reprimand, public or private, for:
1. Any of the causes now existing in the laws of the State of Oklahoma;
2. A violation of the provisions of the State Dental Act; or
3. A violation of the rules of the Board promulgated pursuant to the State Dental Act.
B. The Board shall also have the power to act upon a petition by a dental hygienist for reinstatement to good standing. The Board shall keep a record of the evidence and proceedings in all matters involving the revocation or suspension of a license or reprimand or probation of a dental hygienist. The Board shall make findings of fact and a decision thereon. The Board shall immediately forward a certified copy of the decision to the dental hygienist involved by registered mail to the last-known business address of the dental hygienist.
C. 1. The decision shall be final unless the dental hygienist appeals the decision as provided by the State Dental Act.
2. If an appeal is not timely taken, the decision shall be carried out by striking the name of the dental hygienist from the rolls, or suspending the dental hygienist for the period mentioned in issuing a reprimand, or otherwise acting as required by the decision.
D. The Board shall have power to revoke or suspend the license, reprimand, or place on probation a dental hygienist for a violation of one or more of the following:
1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;
2. The presentation to the Board of a false diploma, license or certificate, or one obtained by fraud or illegal means;
3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dental hygiene;
4. Has been guilty of dishonorable or unprofessional conduct;
5. Has failed to pay registration fees as provided by the State Dental Act;
6. Is a menace to the public health by reason of communicable disease;
7. Has been proven mentally incapacitated or has been admitted to a mental institution, either public or private, and until the dental hygienist has been proven to be mentally competent;
8. Is grossly immoral;
9. Is incompetent in the practice of dental hygiene;
10. Is guilty of willful negligence in the practice of dental hygiene;
11. Has been committed for treatment for drug addiction to a facility, either public or private, and until the dental hygienist has been proven cured;
12. Is practicing or attempting to practice dental hygiene in any place or in any manner other than as authorized by Section 328.34 of this title;
13. Is using or attempting to use in any manner whatsoever any oral prophylaxis list, call list, records, reprints or copies of same, or information gathered therefrom, of the names of patients whom such dental hygienist might have served in the office of a prior employer, unless such names appear upon the bona fide call or oral prophylaxis list of the present employer of the dental hygienist and were caused to so appear through the legitimate practice of dentistry, as provided for in the State Dental Act;
14. Violating the state dental act of another state resulting in a plea of guilty or nolo contendere, conviction or suspension or revocation of the license of the dental hygienist under the laws of that state;
15. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice; or
16. Failing to comply with the terms and conditions of an order imposing suspension of a license or placement on probation issued pursuant to Section 328.44a of this title.
Added by Laws 1970, c. 173, § 33, eff. July 1, 1970. Amended by Laws 2003, c. 171, § 2, emerg. eff. May 5, 2003.
§59-328.34. Practice of dental hygiene under supervision of dentist - Delegation of duties to dental hygienist - Authorization of advanced procedures.
A. A dental hygienist may practice dental hygiene under the supervision of a dentist in a dental office or treatment facility. A dentist may employ not more than the equivalent of two full-time dental hygienists for each dentist actively practicing in the same dental office.
B. 1. A dentist may delegate to a dental hygienist the following procedures:
a. the duties and expanded duties authorized for dental assistants by the State Dental Act or the rules of the Board of Dentistry,
b. health history assessment pertaining to dental hygiene,
c. dental hygiene examination and the charting of intra-oral and extra-oral conditions, which include periodontal charting, dental charting and classifying occlusion,
d. dental hygiene assessment and treatment planning for procedures authorized by the supervisory dentist,
e. prophylaxis, which means the removal of any and all calcareous deposits, stains, accretions, or concretions from the supragingival and subgingival surfaces of human teeth, utilizing instrumentation by scaler or periodontal curette on the crown and root surfaces of human teeth, including rotary or power driven instruments. This paragraph shall not be construed to prohibit the use of a rubber cap or brush on the crowns of human teeth by a dental assistant who holds a current expanded duty permit for Coronal Polishing/Topical Fluoride issued by the Board,
f. periodontal scaling and root planing,
g. dental hygiene nutritional and dietary evaluation,
h. placement of subgingival prescription drugs for prevention and treatment of periodontal disease,
i. soft tissue curettage,
j. placement of temporary fillings,
k. removal of overhanging margins,
l. dental implant maintenance,
m. removal of periodontal packs,
n. polishing of amalgam restorations, and
o. other procedures authorized by the Board.
2. The procedures specified in subparagraphs b through o of paragraph 1 of this subsection may be performed only by a dentist or a dental hygienist.
3. Except as provided in subsections C and D of this section, the procedures specified in paragraph 1 of this subsection may be performed by a dental hygienist only on a patient of record and only under the supervision of a dentist. The level of supervision, whether direct, indirect or general, shall be at the discretion of the supervisory dentist. Authorization for general supervision shall be limited to a maximum of thirteen (13) months following an examination by the supervisory dentist of a patient of record.
C. 1. A dentist may authorize procedures to be performed by a dental hygienist, without complying with the provisions of paragraph 3 of subsection B of this section, if:
a. the dental hygienist has at least two (2) years experience in the practice of dental hygiene,
b. the authorization to perform the procedures is in writing and signed by the dentist, and
c. the procedures are performed during an initial visit to a person in a treatment facility.
2. The person upon whom the procedures are performed must be referred to the authorizing dentist after completion of the procedures performed pursuant to paragraph 1 of this subsection.
3. A dental hygienist shall not perform a second set of procedures on a person pursuant to this subsection until the person has been examined and accepted for dental care by the authorizing dentist.
4. The treatment facility in which any procedure is performed by a dental hygienist pursuant to this subsection shall note each such procedure in the medical records of the person upon whom the procedure was performed.
D. A treatment facility may employ dental hygienists whose services shall be limited to the examination of teeth and the teaching of dental hygiene or as otherwise authorized by the Board.
E. The Board is authorized to:
1. Prescribe, by rule, advanced procedures that may be performed by a dental hygienist who has satisfactorily completed a course of study regarding the performance of such procedures. The advance procedures shall include the administration of local anesthesia and the administration of nitrous oxide analgesia;
2. Establish guidelines for courses of study necessary for a dental hygienist to perform advanced procedures;
3. Issue authorization to perform advanced procedures to those dental hygienists who meet the eligibility requirements; and
4. Establish the level of supervision, whether direct, indirect or general, under which the advanced procedures may be performed.
F. A dental hygienist shall not own or operate an independent practice of dental hygiene.
G. Nothing in the State Dental Act shall be construed to prohibit a dentist from performing any of the procedures that may be performed by a dental hygienist.
Added by Laws 1970, c. 173, § 34, eff. July 1, 1970. Amended by Laws 2003, c. 171, § 3, emerg. eff. May 5, 2003.
§59-328.35. Repealed by Laws 1999, c. 280, § 12, eff. Nov. 1, 1999.
§59-328.36. Permit to operate dental laboratory.
A. 1. Any person, firm, corporation, partnership or other legal entity who desires to operate a dental laboratory in this state shall file with the Board of Dentistry, on a form prescribed by the Board, an application for a permit to operate a dental laboratory and pay the fee established by the rules of the Board. The application shall include the name and address of each person, firm, corporation, partnership or other legal entity who owns an interest in or will operate the dental laboratory. Upon receipt of the application and fee, the Board shall determine the qualifications of the applicant and may grant a permit to the applicant to operate a dental laboratory.
2. Except as provided in subsection C of this section, no person, firm, corporation, partnership or other legal entity shall operate a dental laboratory in this state without having obtained a permit from the Board.
B. Any change in ownership, operation or location of a dental laboratory shall immediately be communicated to the Board, which shall endorse upon the permit, without further fee, the change in ownership, operation or location.
C. Nothing in the State Dental Act shall be construed to:
1. Prohibit a dentist from owning or operating a private, noncommercial dental laboratory in a dental office for the dentist's use in the practice of dentistry;
2. Require a dentist to obtain a permit from the Board for the operation of a dental laboratory in the office of the dentist unless dental laboratory technology is provided to persons other than the dentist at that location; or
3. Require a dentist to issue a laboratory prescription for dental laboratory technology to be performed by an employee of, in the office of, and for a patient of, the dentist.
Added by Laws 1970, c. 173, § 36, eff. July 1, 1970. Amended by Laws 1981, c. 79, § 1; Laws 1996, c. 2, § 11, eff. Nov. 1, 1996; Laws 1999, c. 280, § 7, eff. Nov. 1, 1999.
§59-328.36a. Laboratory prescriptions.
A. A dentist may utilize a dental laboratory technician and a dental laboratory to perform or provide dental laboratory technology. Except as provided in subsection C of Section 328.36 of this title, a dentist who utilizes the services of a dental laboratory technician or dental laboratory shall furnish a laboratory prescription for each patient for whom a work product is prescribed.
B. Laboratory prescriptions issued by a dentist shall be in duplicate on consecutively numbered forms approved by the Board of Dentistry and shall be completed in full and signed by the prescribing dentist. The owner of a dental laboratory shall retain each original laboratory prescription received from a prescribing dentist and produce the document for inspection and copying by a member of the Board or by an agent or employee of the Board, for a period of three (3) years from the date of the laboratory prescription. The prescribing dentist shall retain the duplicate copy of each laboratory prescription and produce the document for inspection and copying by a member of the Board or by an agent or employee of the Board, for a period of three (3) years from the date of the laboratory prescription.
C. The number of the laboratory prescription shall appear on all dental models and correspond to all dental restorations, appliances or other devices being constructed, reproduced or repaired. Any dental model, restoration, appliance or other device in the possession of a dental laboratory technician or dental laboratory without a laboratory prescription and corresponding number on the model, restoration, appliance or device shall be prima facie evidence of a violation of the State Dental Act. After completion, the prescribed work product shall be returned by the dental laboratory technician or dental laboratory to the prescribing dentist or the dental office of the dentist with the name or number of the laboratory prescription accompanying the invoice.
Added by Laws 1970, c. 173, § 20, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 5, eff. Nov. 1, 1996; Laws 1999, c. 280, § 4, eff. Nov. 1, 1999. Renumbered from § 328.20 of this title by Laws 1999, c. 280, § 11, eff. Nov. 1, 1999.
§59-328.37. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.38. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.39. Dental laboratory technicians - Grounds for penalties.
The following acts or occurrences by a dental laboratory technician shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry:
1. Publishing a false, fraudulent or misleading advertisement or statement;
2. Performing dental laboratory technology at a location for which no permit to operate a dental laboratory has been issued by the Board, except as provided in subsection C of Section 328.36 of this title;
3. Performing dental laboratory technology without a laboratory prescription of a dentist, except as provided in subsection C of Section 328.36 of this title;
4. Failing to return a prescribed work product to the prescribing dentist or the dental office of the dentist;
5. Refusing to allow a member of the Board or an agent or employee of the Board to inspect laboratory prescriptions or dental restorations, appliances or other devices that are being constructed, reproduced or repaired;
6. Possessing dental equipment not necessary for performing dental laboratory technology;
7. Being dishonest in a material way with a dentist; or
8. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice.
Added by Laws 1970, c. 173, § 39, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 12, eff. Nov. 1, 1996; Laws 1999, c. 280, § 8, eff. Nov. 1, 1999.
§59-328.39a. Dental laboratory permit holders - Grounds for penalties.
The following acts or occurrences by a holder of a permit to operate a dental laboratory shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry:
1. Publishing a false, fraudulent or misleading advertisement or statement;
2. Providing dental laboratory technology at a location for which no permit to operate a dental laboratory has been issued by the Board, except as provided in subsection C of Section 328.36 of this title;
3. Providing dental laboratory technology without a laboratory prescription of a dentist, except as provided in subsection C of Section 328.36 of this title;
4. Failing to return a prescribed work product to a prescribing dentist or the dental office of the dentist;
5. Refusing to allow a member of the Board or an agent or employee of the Board to inspect laboratory prescriptions or dental restorations, appliances or other devices that are being constructed, reproduced or repaired;
6. Failing to retain an original laboratory prescription received from a prescribing dentist for a period of three (3) years from the date of the laboratory prescription, except that the failure to retain a document shall not be a violation of the State Dental Act if the owner of the dental laboratory shows that the document was lost, destroyed, or removed by another, without the consent of the owner;
7. Possessing dental equipment not necessary for performing dental laboratory technology;
8. Failing to pay fees as required by the State Dental Act or the rules of the Board;
9. Operating a dental laboratory without displaying, at the primary place of operation, a permit issued by the Board for the operation of the dental laboratory and the current renewal certificate;
10. Being dishonest in a material way with a dentist; or
11. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice.
Added by Laws 1996, c. 2, § 13, eff. Nov. 1, 1996. Amended by Laws 1999, c. 280, § 9, eff. Nov. 1, 1999
§59-328.40. Repealed by Laws 1999, c. 280, § 12, eff. Nov. 1, 1999.
§59-328.41. Renewal certificate - Fee - Waiver - Automatic cancellation.
A. On or before the first day of January of each year, every dentist and dental hygienist licensed to practice in this state shall transmit to the secretary-treasurer of the Board of Dentistry, upon a form prescribed by the Board, the signature of the dentist or dental hygienist, current mailing address, principal office address, the number of the license of the dentist or dental hygienist, a statement whether he or she has been engaged during the preceding year in the active and continuous practice of dentistry or dental hygiene whether within or without this state, and such other information as may be required by the Board, together with an annual renewal fee established by the rules of the Board. Upon receipt of the annual renewal fee, the Board shall issue a renewal certificate authorizing the dentist or dental hygienist to continue the practice of dentistry or dental hygiene, respectively, in this state for a period of one (1) year.
B. Upon failure of a dentist or dental hygienist to pay the annual renewal fee within two (2) months after January 1, the Board shall notify the dentist or dental hygienist in writing by certified mail to the last-known mailing address of the dentist or dental hygienist, as reflected in the records of the Board.
C. A license granted under authority of this or any prior dental act shall automatically be canceled if the holder thereof fails to secure a renewal certificate within three (3) months from the 31st day of December of each year. Any dentist or dental hygienist whose license is automatically canceled by reason of failure, neglect or refusal to secure the renewal certificate may be reinstated by the Board at any time within six (6) months from the date of the automatic cancellation of the license, upon payment of the annual renewal fee and a penalty fee established by the rules of the Board. If the dentist or dental hygienist does not apply for renewal of the license and pay the required fees within six (6) months after the license has been automatically cancelled, then the dentist or dental hygienist shall be required to file an application for and take the examination provided for in the State Dental Act before again commencing practice.
D. The Board may waive the annual renewal fee for any dentist or dental hygienist and issue a renewal certificate without the payment of any renewal fee, if the dentist or dental hygienist has held an Oklahoma license at least twenty-five (25) years but because of age or physical disability has retired from the practice of dentistry or dental hygiene. The waiver of fees herein provided may be continued so long as the retirement continues because of age or physical disability.
E. Any dentist or dental hygienist who has had a license to practice dentistry or dental hygiene in good standing for thirty-five (35) years and has reached the age of sixty-five (65) years shall upon application to the Board be issued renewal certificates without the payment of annual renewal fees for the remaining years of their active practice.
F. The Board, by rule, shall provide for the remittance of fees otherwise required by the State Dental Act while a dentist or dental hygienist is on active duty with any of the Armed Forces of the United States.
G. In case of a lost or destroyed license or renewal certificate and upon satisfactory proof of the loss or destruction thereof, the Board may issue a duplicate, charging therefor a fee established by the rules of the Board.
Added by Laws 1970, c. 173, § 41, eff. July 1, 1970. Amended by Laws 1999, c. 280, § 10, eff. Nov. 1, 1999; Laws 2003, c. 172, § 6, emerg. eff. May 5, 2003.
§59-328.42. State Dental Fund.
There is hereby created in the State Treasury a revolving fund for the Board of Dentistry to be designated as "The State Dental Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board pursuant to the provisions of the State Dental Act. All monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of implementing and enforcing the provisions of the State Dental Act. Expenditures from this fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1970, c. 173, § 42, eff. July 1, 1970. Amended by Laws 1979, c. 47, § 36, emerg. eff. April 9, 1979; Laws 1996, c. 2, § 14, eff. Nov. 1, 1996.
§59-328.43. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.43a. Complaints - Review panels - Recommendations - Dismissal of complaint.
A. Any person may file a written and signed complaint with the Board of Dentistry, alleging that the respondent has sought to practice or has illegally practiced dentistry or dental hygiene, has violated the provisions relating to dental assistants, or has otherwise violated the provisions of the State Dental Act or the rules of the Board, and the facts upon which the allegations are based. The complaint shall be directed by the president of the Board to two specific Board members for investigation and review. The review panel, in its discretion, may notify the respondent of the complaint at any time prior to its dismissal of the complaint or making a recommendation to the Board. If the Board initiates an individual proceeding under paragraph 1 of subsection D of this section, the respondent of the individual proceeding shall be provided a copy of the recommendation and any exculpatory information as required by the Administrative Procedures Act.
B. The Board members who review a complaint shall constitute a review panel. A review panel shall confer and shall conduct or cause to be conducted any investigation of the allegations in the complaint as it reasonably determines may be needed to establish, based on the evidence available to the panel, whether it is more likely than not that:
1. A violation of the provisions of the State Dental Act or the rules of the Board has occurred; and
2. The person named in the complaint has committed the violation.
C. In conducting its investigation, a review panel may seek evidence, take statements, take and hear evidence, and administer oaths and affirmations. A review panel may also use Board attorneys and investigators appointed by the Board to seek evidence.
D. 1. If a review panel determines, based on the evidence available to the panel, that it is more likely than not that a violation of the provisions of the State Dental Act or the rules of the Board has occurred and that the respondent has more likely than not committed the violation, the review panel may recommend in writing to the Board that the Board initiate an individual proceeding, pursuant to Article II of the Administrative Procedures Act, against the respondent.
2. The Board shall determine whether to accept or reject the recommendation that an individual proceeding be initiated.
3. If the Board determines that the recommendation should be accepted, a formal Statement of Complaint shall be filed within ten (10) days of the action of the Board.
4. The individual proceeding shall be conducted according to the rules of the Board and the requirements of the Administrative Procedures Act. The members of the review panel shall be excluded from participating as Board members in an individual proceeding initiated by the Board based upon their recommendation.
5. The review panel may decide to enter into a public or private settlement agreement with the respondent. A public or private settlement agreement:
a. shall specify the provisions of the State Dental Act or the rules of the Board which such person is alleged to have violated,
b. shall provide that such person agrees not to violate the provisions of the State Dental Act or the rules of the Board in the future,
c. may contain any of the penalties specified in Section 328.44a of this title, and
d. may contain any other provisions agreeable to the review panel and the person involved.
A private settlement agreement shall remain part of the investigation file, and may be disclosed or used against the respondent only if the respondent violates the settlement agreement or if ordered by a court of competent jurisdiction. All settlement agreements shall be reported to the Board. The Board may require that a private settlement agreement be made a public settlement agreement. A respondent may withdraw from the settlement agreement if the Board determines a private settlement agreement shall be made public.
6. A public or private settlement agreement must receive final review and approval by the Board if it contains any of the following penalties specified in Section 328.44a of this title:
a. suspension of a license or permit issued by the Board,
b. revocation of a license or permit issued by the Board,
c. issuance of a censure,
d. placement on probation,
e. restriction of the services that can be provided by a dentist or a dental hygienist, or
f. an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation.
E. If a review panel does not make the determination specified in subsection D of this section, the panel shall dismiss the complaint and direct the principal administrative officer of the Board to give written notification of the dismissal to the person who filed the complaint and to the respondent. Although evidence against a respondent does not warrant formal proceedings, a review panel may issue a confidential letter of concern to a respondent when there are indications of possible misconduct by the respondent that could lead to serious consequences or formal action.
F. A review panel may act without complying with the Oklahoma Open Meeting Act.
G. The Board of Dentistry, its employees, independent contractors, appointed committee members and other agents shall keep confidential all information obtained in the following circumstances:
1. During an investigation into allegations of violations of the Oklahoma Dental Act, including but not limited to:
a. any review or investigation made to determine whether to allow an applicant to take an examination, or
b. whether the Board shall grant a license, certificate, or permit;
2. In the course of conducting an investigation;
3. Reviewing investigative reports provided to the Board by a registrant; and
4. Receiving and reviewing examination and test scores.
H. Any information obtained and all contents of any investigation file shall be exempt from the provisions of the Oklahoma Open Records Act. Except for the approval of private settlement, a final order issued by the Board shall be subject to the Open Records Act.
I. Information obtained by the Board or any of its agents shall be considered competent evidence, subject to the rules of evidence, in a court of competent jurisdiction only in the following circumstances:
1. Matters directly related to actions of the Board; or
2. Matters resulting from the Board obtaining information.
Information obtained by the Board or its agents shall not be admissible as evidence in any other type of civil or criminal action.
Added by Laws 1996, c. 2, § 15, eff. Nov. 1, 1996. Amended by Laws 1997, c. 108, § 6, eff. Nov. 1, 1997; Laws 2003, c. 172, § 7, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 5, eff. Nov. 1, 2005.
§59-328.44. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.44a. Penalties - Judicial review.
A. The Board of Dentistry is authorized, after notice and opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a dentist, dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory has committed any of the acts or occurrences set forth in Sections 328.29, 328.32, 328.33, 328.39 and 328.39a of this title:
1. Refusal to issue a license or permit, or a renewal thereof, provided for in the State Dental Act;
2. Suspension of a license or permit issued by the Board for a period of time deemed appropriate by the Board;
3. Revocation of a license or permit issued by the Board;
4. Imposition of an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation;
5. Issuance of a censure;
6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;
7. Restriction of the services that can be provided by a dentist or dental hygienist, under such terms and conditions as deemed appropriate by the Board; or
8. Assessment for the cost of the hearing process including attorney fees.
B. A dentist, dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory, against whom a penalty is imposed by an order of the Board pursuant to the provisions of this section, shall have the right to seek a judicial review of such order pursuant to Article II of the Administrative Procedures Act.
Added by Laws 1996, c. 2, § 16, eff. Nov. 1, 1996. Amended by Laws 2003, c. 172, § 8, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 6, eff. Nov. 1, 2005.
§59-328.44b. Surrender of license, permit, or certificate.
A. A holder of a license, a permit, or certificate granted by the Board shall have the right to surrender the license, permit, or certificate, in writing, notarized, to the Board if the holder is in good standing with the Board as determined, in its discretion, by the Board. The Board shall accept such surrender in writing after approval at a regular or special Board meeting with the statement that the holder is in good standing with the Board. Any holder who has surrendered a license, permit, or certificate issued by the Board and who shall apply for a license, permit, or certificate after surrender shall be subject to all statutes and rules of the Board applicable at the time of the new application.
B. A holder of a license, permit, or certificate shall not be considered to be in good standing if an investigation of a complaint is pending against the holder. The Board shall not accept a surrender until a complaint is dismissed by the review panel, a settlement agreement is entered or the Board determines that an individual proceeding shall be initiated pursuant to Section 328.43a of Title 59 of the Oklahoma Statutes.
C. If a holder of a license, permit, or certificate wishes to surrender the license, permit, or certificate during the pendency of an initial proceeding, the Board may accept or reject the surrender, in its discretion. The acceptance must be in writing after approval by the Board at a regular or special Board meeting. Any acceptance shall contain the statement that the acceptance is pending disciplinary action. No person who surrenders a license, permit, or certificate to the Board during a pending disciplinary action shall be eligible for reinstatement for a period of five (5) years from the date the surrender is accepted by the Board.
D. The Board shall retain jurisdiction over the holder of any license, permit, or certificate for all disciplinary matters pending at the time surrender is sought by the holder.
E. All surrenders of licenses, permits, or certificates, whether the holder is or is not in good standing, shall be reported to the national practitioner data bank with the notation in good standing or pending disciplinary action.
Added by Laws 2005, c. 377, § 7, eff. Nov. 1, 2005.
§59-328.45. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.46. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59-328.47. Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.
§59328.48. Annual statement of receipts and expenditures.
It shall be the duty of the Board of Dentistry, annually, to have prepared a statement showing the total amount of receipts and expenditures of the Board for the preceding twelve (12) months. The statement shall be properly certified under oath by the president and secretary-treasurer of the Board to the Governor of this state.
Added by Laws 1970, c. 173, § 48, eff. July 1, 1970. Amended by Laws 2003, c. 172, § 9, emerg. eff. May 5, 2003.
§59-328.49. Unlawful practices - Criminal and civil actions.
A. The Board of Dentistry shall be responsible for the enforcement of the provisions of the State Dental Act against all persons who are in violation thereof, including, but not limited to, individuals who are practicing or attempting to practice dentistry or dental hygiene without proper authorization from the Board.
B. 1. It shall be unlawful for any person, except a dentist, to:
a. practice or attempt to practice dentistry,
b. hold oneself out to the public as a dentist or as a person who practices dentistry, or
c. employ or use the words "Doctor" or "Dentist", or the letters "D.D.S." or "D.M.D.", or any modification or derivative thereof, when such use is intended to give the impression that the person is a dentist.
2. It shall be unlawful for any person, except a dental hygienist, to:
a. practice or attempt to practice dental hygiene,
b. hold oneself out to the public as a dental hygienist or as a person who practices dental hygiene, or
c. employ or use the words "Registered Dental Hygienist", or the letters "R.D.H.", or any modification or derivative thereof, when such use is intended to give the impression that the person is a dental hygienist.
3. It shall be unlawful for any person to:
a. give false or fraudulent evidence or information to the Board in an attempt to obtain any license or permit from the Board, or
b. aid or abet another person in violation of this subsection.
4. Each day of a violation of this subsection shall constitute a separate and distinct offense.
C. 1. If a person violates any of the provisions of subsection B of this section, the Board may request that the district attorney of the county in which such violation is believed to have occurred bring a criminal action in that county against the person. A duplicate copy of the Board's request shall be sent to the Attorney General of this state.
2. Any person who violates any of the provisions of subsection B of this section, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished as follows:
a. for a first offense, by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment,
b. for a second offense, by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment, or
c. for a third or subsequent offense, by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than one hundred eighty (180) days, or by both such fine and imprisonment.
D. The Board may initiate a civil action, pursuant to Chapter 24 of Title 12 of the Oklahoma Statutes, seeking a temporary restraining order or injunction, without bond, commanding a person to refrain from engaging in conduct which constitutes a violation of any of the provisions of subsection B of this section. In an action filed pursuant to this subsection, the prevailing party shall be entitled to recover costs and reasonable attorney fees.
E. In addition to any other penalties provided herein, any person found guilty of contempt of court by reason of the violation of any injunction prohibiting the unlicensed practice of dentistry now in effect or hereafter entered pursuant to any provision of the State Dental Act or any preceding state dental act, shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year, and by a fine of not less than Five Hundred Dollars ($500.00). The court may also require the defendant to furnish a good and sufficient bond in a penal sum to be set by the court, not less than One Thousand Dollars ($1,000.00), which shall be conditioned upon future compliance in all particulars with the injunction entered, and in the event of failure of the defendant to furnish such bond when so ordered, the defendant shall be confined in the county jail pending compliance therewith. Such bond shall be mandatory as to any person hereafter found guilty of a second contempt of court for violation of any injunction entered pursuant to the State Dental Act, or any preceding state dental act.
Added by Laws 1970, c. 173, § 49, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 17, eff. Nov. 1, 1996; Laws 2003, c. 172, § 10, emerg. eff. May 5, 2003.
§59-328.50. Repealed by Laws 2000, c. 283, § 7, eff. Nov. 1, 2000.
§59-328.51a. Fees.
A. The Board of Dentistry is authorized to establish, by rule, fees to be charged for the purpose of implementing and enforcing the State Dental Act. Notwithstanding any other provisions of the State Dental Act, the fees established by the Board shall be not less nor more than the range created by the following schedule:
1. LICENSE AND PERMIT APPLICATION FEES:
Minimum Maximum
a. License by Examination
Dentist $200.00 $400.00
Dental Hygienist $100.00 $200.00
b. License by Credentialing
Dentist $500.00 $1,000.00
Dental Hygienist $100.00 $200.00
c. Dental Specialty License
by Examination $300.00 $600.00
d. Dental Specialty License by
Credentialing $500.00 $1,000.00
e. Faculty Permit
Dentist $100.00 $200.00
Dental Hygienist $50.00 $100.00
f. Dental Intern Permit $100.00 $200.00
g. Temporary License
to Practice Dental Hygiene $50.00 $100.00
h. Dental Assistant Permit for
Expanded Duties $10.00 $60.00
i. Permit to Operate a Dental
Laboratory $20.00 $60.00
j. General Anesthesia Permit
Dentist $100.00 $200.00
k. Conscious Sedation Permit
Dentist $100.00 $200.00
2. RE-EXAMINATION FEES:
a. License by Examination
Dentist $200.00 $400.00
Dental Hygienist $100.00 $200.00
b. Dental Specialty License by
Examination $300.00 $600.00
c. Jurisprudence Only
Re-Examination
Dentist $10.00 $20.00
Dental Hygienist $10.00 $20.00
3. ANNUAL RENEWAL FEES:
a. Dentist $100.00 $200.00
b. Dental Hygienist $65.00 $130.00
c. Dental Specialty License $100.00 $200.00
d. Faculty Permit
Dentist $50.00 $100.00
Dental Hygienist $50.00 $100.00
e. Dental Intern Permit $50.00 $100.00
f. Dental Assistant Permit for
Expanded Duties $10.00 $60.00
g. Permit to Operate a Dental
Laboratory $20.00 $60.00
h. General Anesthesia Permit
Dentist $100.00 $200.00
i. Conscious Sedation Permit
Dentist $100.00 $200.00
4. PENALTY FEES FOR LATE RENEWAL OF LICENSE OR PERMIT:
a. Dentist $100.00 $200.00
b. Dental Hygienist $50.00 $100.00
c. Dental Specialty License $100.00 $200.00
d. Dental Assistant Permit for
Expanded Duties $10.00 $30.00
e. Permit to Operate a Dental
Laboratory $20.00 $60.00
f. General Anesthesia Permit
Dentist $100.00 $200.00
g. Conscious Sedation Permit
Dentist $100.00 $200.00
5. OTHER FEES:
a. Duplicate License
Dentist $10.00 $30.00
Dental Hygienist $5.00 $15.00
b. Duplicate Permit or Registration $5.00 $15.00
c. Certificate of Good Standing $5.00 $15.00
d. Professional Entity Certification
Letter $5.00 $20.00
e. Professional Entity Registration
or Update $5.00 $20.00
f. Laboratory Prescription Books $2.50 $7.50
g. List of the Name and Current
Mailing Address of all Persons
who hold a License or Permit
issued by the Board.
(A request for a list shall be
submitted to the Board in writing
noting the specific proposed use
of the list.) $25.00 $75.00
B. A person who holds a license to practice dentistry in this state, and who also holds a dental specialty license, shall not be required to pay an annual renewal fee for the dental specialty license if the licensee has paid the annual renewal fee for the license to practice dentistry.
Added by Laws 1996, c. 2, § 18, eff. Nov. 1, 1996. Amended by Laws 1997, c. 108, § 7, eff. Nov. 1, 1997; Laws 2003, c. 172, § 11, emerg. eff. May 5, 2003.
§59-328.60. Citation - Subsequent enactments.
A. Part 2 of Chapter 7 of this title shall be known and may be cited as the "Oklahoma Dental Mediation Act".
B. All statutes hereinafter enacted and codified in Part 2 of Chapter 7 of this title shall be considered and deemed part of the Oklahoma Dental Mediation Act.
Added by Laws 1991, c. 213, § 1, emerg. eff. May 21, 1991. Amended by Laws 1996, c. 2, § 19, eff. Nov. 1, 1996.
§59-328.61. Declaration of public policy.
It is the declared public policy of the State of Oklahoma that the provision of quality dental health care is essential to the well-being of all citizens of this state, as is the expeditious resolution of disputes relating to dental treatment. The monitoring and assessment of dental services through a mediation system is an efficient and reasonable method of providing an alternative dispute resolution mechanism for patient-dentist disputes while also promoting quality health care that addresses patients' concerns about the quality of treatment. The Legislature, therefore, declares that for the public good, and the general welfare of the citizens of this state, the enactment of the Oklahoma Dental Mediation Act is required.
Added by Laws 1991, c. 213, § 2, emerg. eff. May 21, 1991.
§59-328.62. Definitions - Mediation committee - Powers.
As used in the Oklahoma Dental Mediation Act:
1. "Board" means the Board of Dentistry;
2. "Dentist" means a graduate of an accredited dental college who has been licensed by the Board to practice dentistry, as defined in Section 328.19 of this title; and
3. "Mediation committee" means a committee of persons duly constituted of or appointed by any voluntary dental association, voluntary dental society, or the Board. The mediation committee is authorized, upon receiving a written request for a review, to conduct a review of the complaints or requests for review of persons, the treatment performed by a dentist and, where appropriate, hold hearings and conduct personal examinations of dental treatment of patients. The mediation committee may, but shall not be obligated to:
a. evaluate the quality of health care services provided by the dentist being reviewed,
b. determine whether health care services rendered were professionally indicated or were performed in compliance with the applicable standards of care,
c. where appropriate, determine whether the cost of health care rendered was considered reasonable given the circumstances of the particular case,
d. evaluate the quality and timeliness of health care services rendered by a dentist for a patient, and
e. recommend to the parties, a method of settlement, for their acceptance or rejection.
Any decision by the mediation committee not to review a matter shall be communicated by the committee to the affected persons within thirty (30) days after the committee has received the material submitted pursuant to Section 328.65 of this title.
Added by Laws 1991, c. 213, § 3, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 1, eff. Nov. 1, 1997.
§59-328.63. Protection from liability of mediation committee.
A. A mediation committee, entities creating such mediation committees, members and staff of such mediation committee, and other persons who assist such mediation committees shall not be liable in any way for damages or injunctive relief under any law of this state with respect to any action taken in good faith by such mediation committee.
B. Any person who supplies information to a mediation committee in good faith and with reasonable belief that such information is true shall not be liable in any way for damages or injunctive relief under any law of this state with respect to giving such information to the mediation committee.
Added by Laws 1991, c. 213, § 4, emerg. eff. May 21, 1991.
§59-328.64. Proceedings of mediation committee privileged - Exceptions.
A. Except as provided in subsections B and C of this section, any reports, statements, memoranda, proceedings, findings, or other records of mediation committees shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding. Nor shall any participants in the mediation process be compelled to disclose the proceedings of the mediation committee by deposition, interrogatories, requests for admission, or other means of legal compulsion for use as evidence in any judicial or administrative proceeding. This privilege may be claimed by the legal entity creating the mediation committee, the mediation committee, the individual members of the mediation committee, the dentist whose conduct is being examined, the patient requesting mediation and any witnesses testifying before or supplying information to the mediation committee. Such privilege shall only protect information derived from the mediation proceedings and shall not restrict discovery directed to the dentist who treated the patient, even though the testimony or records of the dentist have become part of the mediation record.
B. Nothing in this section shall limit the authority, which may otherwise be provided by law, of the Board of Dentistry to obtain records of proceedings of the mediation committee for use:
1. In conjunction with the determination of appeals of mediation committee recommendations;
2. In an investigation being conducted by a review panel of the Board, pursuant to Section 328.43a of this title; or
3. In an individual proceeding being conducted by the Board, pursuant to Section 328.44a of this title.
C. Nothing in this section shall limit the authority, which may otherwise be provided by law, of the Attorney General of the State of Oklahoma, a District Attorney, or a United States Attorney to obtain records of proceedings of the mediation committee for use in investigations or litigation, conducted by the State of Oklahoma or the federal government.
Added by Laws 1991, c. 213, § 5, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 2, eff. Nov. 1, 1997.
§59-328.65. Review of course of treatment rendered by a dentist - Election by patient - Submission of statement by dentist.
A patient may voluntarily seek review of a course of treatment rendered by a dentist. Such review is not mandatory or required prior to the initiation of litigation and the Oklahoma Dental Mediation Act shall in no way limit the patient's access to the courts nor in any way require the patient to participate in mediation proceedings as a prerequisite to initiating suit. If the patient elects to participate in the mediation procedure, the patient must file a written request for the review with a mediation committee in accordance with such rules that the organizations appointing the mediation committee may prescribe. In the request for review, the patient must provide the mediation committee with a true and correct statement of all material facts relating to the course of treatment complained of, the nature of the complaint, and the requested relief sought, in addition to any other requirements that may be prescribed by rule.
The dentist shall thereafter submit a true and correct statement of all material facts relating to the course of treatment complained of, the nature of the complaint, and the dentist's recommended action, if any, in addition to any other requirements that may be prescribed by rule.
The material submitted by the patient and dentist shall be provided by the committee to the opposing party.
Added by Laws 1991, c. 213, § 6, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 3, eff. Nov. 1, 1997.
§59-328.66. Recommendations of mediation committee.
Written recommendations of a mediation committee rendered pursuant to a request for review shall be given to the patient and the dentist concerned, by delivery thereof or by mailing such recommendations to the last-known address of each. The recommendations of the mediation committee shall not be binding on the patient or the dentist, but shall provide an objective assessment of the facts and the course of treatment rendered, and shall include, when appropriate, a proposed remedy or solution to the complaint presented in the request for review.
Added by Laws 1991, c. 213, § 7, emerg. eff. May 21, 1991.
§59-328.67. Appeal to state mediation appeals committee.
The patient or dentist may appeal the recommendation of the mediation committee to an appellate body to be known as the state mediation appeals committee. A request for an appeal shall be timely filed and conducted in accordance with the prescribed rules. A party must first request an appeal with the state mediation appeals committee before proceeding with a final appeal to the Board of Dentistry. If no intermediate appeal is provided by the applicable mediation program rules, a party may proceed directly to a final appeal before the Board of Dentistry, pursuant to Section 328.68 of this title. The state mediation appeals committee may either affirm, modify or reverse the recommendation of the mediation committee, and shall issue its written nonbinding recommendation to the parties.
Added by Laws 1991, c. 213, § 8, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 4, eff. Nov. 1, 1997.
§59-328.68. Request for final appeal.
The patient or dentist may file a request for a final appeal of a recommendation of the mediation committee or a recommendation of the state mediation appeals committee to the Board of Dentistry within thirty (30) days after the date of mailing of the mediation committee recommendation or the state mediation appeals committee recommendation. If such recommendation is not mailed, a patient or dentist may file a request for a final appeal within thirty (30) days after the date of delivery of such recommendation to the appealing party.
Added by Laws 1991, c. 213, § 9, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 5, eff. Nov. 1, 1997.
§59-328.69. Review and hearing by the Board of Governors of Registered Dentists.
The Board of Dentistry shall review the record of the mediation committee recommendation and the state mediation appeals committee in determining any final appeal. The Board may conduct a formal hearing upon the request of a party or upon its own initiative and may affirm, modify, or reverse the recommendation appealed. Any formal hearing shall be conducted by one or more members of the Board as it may determine, and a hearing shall be conducted in accordance with such rules as it may prescribe. The action of the Board in ruling upon the appealed recommendation shall constitute a final nonappealable decision, however, the final recommendation of the Board shall not be binding on the parties involved in the dispute.
Added by Laws 1991, c. 213, § 10, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 6, eff. Nov. 1, 1997.
§59-328.70. Reasonable procedural rules to be followed.
The mediation committee, the state mediation appeals committee, and the Board of Dentistry shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing shall be conducted in such manner as to ascertain the substantial rights of the parties. Mediation committees, state mediation appeals committees, and the Board shall apply reasonable procedural rules consistent with the provisions of the Oklahoma Dental Mediation Act. Each governing organization which is involved in the formation of mediation committees as described in paragraph 3 of Section 328.62 of this title shall adopt and, from time to time, may modify and amend rules of procedure.
Added by Laws 1991, c. 213, § 11, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 7, eff. Nov. 1, 1997.
§59-328.71. Appeals proceedings privileged and protected from liability - Admissibility of findings or recommendations during hearing or trial of litigation.
A. The protections of Section 328.64 of this title relating to the records created by mediation committees shall apply equally to any records, documents, or proceedings produced in any appeal of a mediation committee recommendation or a state mediation appeals committee recommendation, and protections from liability contained in Section 328.63 of this title shall apply equally to persons conducting or participating in appeal proceedings.
B. Neither the whole nor any portion of the findings or recommendations of a mediation committee, state mediation appeals committee, or the Board of Dentistry shall be introduced or admissible during any hearing or trial of litigation brought by the patient, unless both patient and dentist, after the court filing of a petition/complaint agree that the whole or a portion of the findings of the mediation committee, state mediation appeals committee, or the Board will be introduced or admitted during a hearing or trial.
Added by Laws 1991, c. 213, § 12, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 8, eff. Nov. 1, 1997.
§59-328.72. Implied repeal by subsequent legislation - Election out from federal coverage and reporting requirements.
The Oklahoma Dental Mediation Act being a general act intended as a unified coverage of the subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. This legislation affirmatively elects out, to the extent permitted by law, from the coverage and reporting requirements of the federal legislation, PL 99-660, with respect to all persons practicing dentistry in this state.
Added by Laws 1991, c. 213, § 13, emerg. eff. May 21, 1991.
§59-328.73. Election of remedies - Patient's rights.
A. A person may pursue any remedy now available through the courts, without first utilizing the provisions of the Oklahoma Dental Mediation Act.
B. No provisions of the Oklahoma Dental Mediation Act shall in any manner limit, alter, modify, delay, compromise or otherwise affect in any respect a patient's right to initiate litigation for relief.
Added by Laws 1991, c. 213, § 14, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 9, eff. Nov. 1, 1997.
§59-353. Short title - Purpose - Declaration of pharmacy as profession.
A. Sections 353 through 366 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Pharmacy Act".
B. It is the purpose of the Oklahoma Pharmacy Act to promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale and distribution of dangerous drugs, medication, devices and such other materials as may be used in the diagnosis and treatment of injury, illness and disease.
C. In recognition of and consistent with the decisions of the appellate courts of this state, the practice of pharmacy is hereby declared to be a profession.
Added by Laws 1990, c. 120, § 1. Amended by Laws 1993, c. 199, § 1, emerg. eff. May 24, 1993.
§59-353.1. Definitions.
For the purposes of the Oklahoma Pharmacy Act:
1. "Pharmacy" means a place regularly licensed by the Board of Pharmacy in which prescriptions, drugs, medicines, chemicals and poisons are compounded or dispensed;
2. "Doctor of Pharmacy" means a person registered by the Board of Pharmacy to engage in the practice of pharmacy. The terms "pharmacist" and "Doctor of Pharmacy" shall be interchangeable and shall have the same meaning wherever they appear in the Oklahoma Statutes and the rules promulgated by the Board of Pharmacy;
3. "Drugs" means all medicinal substances and preparations recognized by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and internal use in the cure, diagnosis, mitigation, treatment or prevention of disease in humans and all substances and preparations, other than food, intended to affect the structure or any function of the body of a human;
4. "Medicine" means any drug or combination of drugs which has the property of curing, preventing, treating, diagnosing or mitigating diseases, or which is used for that purpose;
5. "Poison" means any substance which when introduced into the system, either directly or by absorption, produces violent, morbid or fatal changes, or which destroys living tissue with which such substance comes into contact;
6. "Chemical" means any medicinal substance, whether simple or compound or obtained through the process of the science and art of chemistry, whether of organic or inorganic origin;
7. "Prescription" means and includes any order for drug or medical supplies written or signed, or transmitted by word of mouth, telephone or other means of communication by a licensed practitioner of allopathic or osteopathic medicine, including physician assistants under the supervision of a licensed physician, dentistry, optometry certified by the Board of Examiners in Optometry, podiatry, or veterinary medicine, licensed by law to prescribe such drugs and medical supplies intended to be filled, compounded, or dispensed by a pharmacist, or by a wholesaler or distributor as authorized in subsection G of Section 353.13 of this title;
8. "Filled prescription" means a packaged prescription medication to which a label has been affixed, which shall contain such information as is required by the Oklahoma Pharmacy Act;
9. "Nonprescription drugs" means medicines or drugs which are sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this state and the federal government. Such items shall also include medical and dental supplies, and bottled or nonbulk chemicals which are sold or offered for sale to the general public, if such articles or preparations meet the requirements of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A., Section 321 et seq.;
10. "Hospital" means any institution licensed by this state for the care and treatment of patients;
11. "Person" means every individual, copartnership, corporation or association, unless the context otherwise requires;
12. "Board" or "State Board" means the Board of Pharmacy;
13. "Administer" means the direct application of a drug, whether by injection, inhalation, ingestion or any other means, to the body of a patient;
14. "Dispense" includes sell, distribute, leave with, give away, dispose of, deliver, or supply;
15. "Wholesaler" or "Distributor" means a person engaged in the business of distributing dangerous drugs or medicines at wholesale to pharmacies, hospitals, practitioners, government agencies, or other lawful drug outlets permitted to sell or use drugs or medicines, or as authorized in subsection G of Section 353.13 of this title;
16. "Dangerous drug", "legend drug", "prescription drug" or "Rx Only" means a drug which:
a. under federal law, is required, prior to being dispensed or delivered, to be labeled with one of the following statements:
(1) "Caution: Federal law prohibits dispensing without prescription",
(2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian", or
(3) "Rx Only", or
b. is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners only;
17. "Manufacturer" means a person engaged in the manufacturing of drugs;
18. "Practice of pharmacy" means:
a. the interpretation and evaluation of prescription orders,
b. the compounding, dispensing, administering and labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices,
c. the participation in drug selection and drug utilization reviews,
d. the proper and safe storage of drugs and devices and the maintenance of proper records thereof,
e. the responsibility for advising by counseling and providing information, where professionally necessary or where regulated, of therapeutic values, content, hazards and use of drugs and devices,
f. the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management and control of a pharmacy, and
g. the provision of those acts or services that are necessary to provide pharmaceutical care;
19. "Drug outlet" means all pharmacies, wholesalers, manufacturers, or wherever dangerous drugs are stored, and facilities which are engaged in dispensing, delivery or distribution of dangerous drugs;
20. "Manufacturing" means the production, preparation, propagation, compounding, conversion, or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of the substances or labeling or relabeling of its container, and the promotion and marketing of such drugs or devices. The term "manufacturing" also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners or other persons;
21. "Assistant pharmacist" means any person presently licensed as an assistant pharmacist in the State of Oklahoma by the Board pursuant to Section 353.10 of this title and for the purposes of this act shall be considered the same as a pharmacist, except where otherwise specified;
22. "Packager" means any person, firm, or corporation, except a pharmacy, who transfers dangerous drugs including, but not limited to, compressed medical gases from one container to another of any type;
23. "Continuing professional education" means professional, pharmaceutical education in the general areas of the socioeconomic and legal aspects of health care; the properties and actions of drugs and dosage forms; and the etiology, characteristics and therapeutics of the diseased state;
24. "Accredited program" means those seminars, classes, meetings, work projects and other educational courses approved by the Board for purposes of continuing professional education;
25. "Supervising physician" means an individual holding a current license to practice as a physician from the State Board of Medical Licensure and Supervision, pursuant to the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the State Board of Osteopathic Examiners, pursuant to the provisions of the Oklahoma Osteopathic Medicine Act, who supervises an advanced practice nurse as defined in Section 567.3a of this title, and who is not in training as an intern, resident, or fellow. To be eligible to supervise an advanced practice nurse, such physician shall remain in compliance with the rules promulgated by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners;
26. "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a drug or device:
a. as the result of a practitioner's prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice, or
b. for the purpose of, or incident to, research, teaching, or chemical analysis and not for sale or dispensing.
Compounding also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns;
27. "Medical gas" means those gases and liquid oxygen upon which the manufacturer or distributor has placed one of several cautions, such as "Rx Only", in compliance with federal law;
28. "Medical gas order" means an order for medical gas issued by a licensed medical practitioner;
29. "Medical gas distributor" means a person who distributes, transfers, wholesales, delivers or sells medical gases to a person and may also include a patient or ultimate user;
30. "Medical gas supplier" means a person who dispenses medical gases only to a patient or ultimate user; and
31. "Supportive personnel" means technicians and auxiliary supportive persons who are regularly paid employees of a pharmacy who work and perform tasks in the pharmacy as authorized by Section 353.29 of this title.
Added by Laws 1961, p. 445, § 1, emerg. eff. May 22, 1961. Amended by Laws 1973, c. 146, § 1, emerg. eff. May 14, 1973; Laws 1984, c. 27, § 1, emerg. eff. March 22, 1984; Laws 1987, c. 20, § 1, eff. Nov. 1, 1987; Laws 1993, c. 199, § 2, emerg. eff. May 24, 1993; Laws 1996, c. 186, § 1, eff. Nov. 1, 1996; Laws 1998, c. 128, § 1, eff. Nov. 1, 1998; Laws 2001, c. 400, § 6, eff. Nov. 1, 2001; Laws 2002, c. 22, § 19, emerg. eff. March 8, 2002; Laws 2002, c. 408, § 1, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 16, emerg. eff. June 9, 2004; Laws 2005, c. 18, § 1, eff. Nov. 1, 2005.
NOTE: Laws 2001, c. 281, § 2 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
§59-353.1a. Advanced practice nurses - Prescribing authority.
Prescribing authority shall be allowed, under the medical direction of a supervising physician, for an advanced practice nurse recognized by the Oklahoma Board of Nursing in one of the following categories: advanced registered nurse practitioners, clinical nurse specialists, or certified nurse-midwives. The advanced practice nurse may write or sign, or transmit by word of mouth, telephone or other means of communication an order for drugs or medical supplies that is intended to be filled, compounded, or dispensed by a pharmacist. The supervising physician and the advanced practice nurse shall be identified at the time of origination of the prescription and the name of the advanced practice nurse shall be printed on the prescription label.
Added by Laws 1996, c. 186, § 2, eff. Nov. 1, 1996.
§59-353.1b. Certified registered nurse anesthetist - Prescribing authority.
Authority to order, select, obtain and administer drugs shall be allowed for a certified registered nurse anesthetist, pursuant to rules adopted by the Oklahoma Board of Nursing, only when engaged in the preanesthetic preparation or evaluation; anesthesia induction, maintenance or emergence; or postanesthesia care practice of nurse anesthesia. A certified registered nurse anesthetist may order, select, obtain and administer drugs only during the perioperative or periobstetrical period.
Added by Laws 1997, c. 250, § 1, eff. Nov. 1, 1997.
§59-353.2. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59353.3. Board of Pharmacy Membership - Qualifications - Terms of office - Appointments.
A. The Board of Pharmacy shall consist of six (6) persons, five who shall be licensed as pharmacists by this state and one who shall be a lay person.
1. The pharmacist members shall be appointed by the Governor by and with the advice and consent of the Senate and shall:
a. be registered and in good standing in the State of Oklahoma,
b. have been actively engaged in the practice of pharmacy within this state for a period of not less than five (5) years immediately prior to serving on the Board.
2. The lay member shall be appointed by the Governor and shall:
a. be a resident of the State of Oklahoma for not less than five (5) years, and
b. not be a pharmacist or be related by blood or marriage within the third degree of consanguinity to a pharmacist.
B. The present members of the board shall continue to serve the remainder of their terms. Successors shall be appointed for a term of five (5) years. The lay member of the Board shall serve a term coterminous with the Governor and shall serve at the pleasure of the Governor. The terms of the members of the Board shall expire on the 30th day of June of the year designated for the expiration of the term for which appointed but shall serve until a qualified successor has been duly appointed. No person shall be appointed to serve more than two consecutive terms. Said appointments shall be made from a list of ten (10) names representative of the pharmacy profession submitted annually by the Executive Director of the Oklahoma Pharmaceutical Association after an election has been held by mail ballot.
Laws 1961, p. 446, § 3, emerg. eff. May 22, 1961; Laws 1993, c. 199, § 3, emerg. eff. May 24, 1993.
§59-353.4. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-353.5. Board officer - Terms of office - Travel expenses - Executive Director.
A. The Board of Pharmacy shall annually elect a president and vicepresident of the Board. The president and vice-president shall serve for a term of one (1) year and shall perform the duties prescribed by the Board. The Board shall employ an Executive Director who shall perform such duties as required by the Board.
B. Each member of the Board shall receive necessary travel expenses incurred in the discharge of official duties pursuant to the State Travel Reimbursement Act.
C. The Executive Director of the Board shall receive an annual salary to be fixed by the Board. The Board shall determine and base the annual salary of the Executive Director upon data obtained from a survey of U. S. regional average annual salaries for registered pharmacists, compiled and published each year by the National Community Pharmacist's Association Pfizer Pharmacy Digest.
D. The Executive Director shall:
1. Deposit funds with the State Treasurer to be expended in the manner and for the purposes provided by law; and
2. Report to the Board each month, presenting an accurate account as to the funds of the Board and make available written and acknowledged claims for all disbursements made.
Laws 1961, p. 447, § 5, emerg. eff. May 22, 1961; Laws 1993, c. 199, § 4, emerg. eff. May 24, 1993; Laws 2005, c. 419, § 2, eff. July 1, 2005.
§59353.6. Meetings for examination of applicants Notice.
Meetings for the examination of applicants for registration and granting of certificates shall be held at least one time each year at a time and place to be fixed by the Board. At least ten (10) days' notice shall be publicly given of the time and place of each meeting at which there is an examination of candidates for registration.
Added by Laws 1961, p. 447, § 6, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 5, emerg. eff. May 24, 1993; Laws 1997, c. 250, § 2, eff. Nov. 1, 1997.
§59-353.7. Power and duty of Board.
The Board of Pharmacy shall have the power and duty to:
1. Regulate the practice of pharmacy;
2. Regulate the sale of drugs, medicines, chemicals and poisons;
3. Regulate the dispensing of drugs and medicines in all places where drugs and medicines are compounded or dispensed;
4. Enter and inspect, by its members or by its duly authorized representatives, any and all places, including premises, equipment, contents and records, where drugs, medicines, chemicals or poisons are stored, sold, vended, given away, compounded, dispensed or manufactured;
5. Administer oaths in all matters pertaining to the affairs of the Board and to take evidence and compel the attendance of witnesses on questions pertaining to the enforcement of the Oklahoma Pharmacy Act;
6. Employ the number of inspectors and/or pharmacist compliance officers necessary to carry out the provisions of the Oklahoma Pharmacy Act at an annual salary to be fixed by the Board, and to authorize necessary expenses. Such inspectors shall have the same powers and authority as that granted to peace officers by the laws of this state for the purpose of enforcing the Oklahoma Pharmacy Act. In addition, such inspectors shall have the authority and the duty to confiscate all drugs, medicines, chemicals or poisons found to be stored, sold, vended, given away, compounded, dispensed or manufactured contrary to the provisions of the Oklahoma Pharmacy Act;
7. Prescribe minimum standards with respect to floor space and other physical characteristics of pharmacies, as may be reasonably necessary to the maintenance of professional surroundings and to the protection of the safety and welfare of the public, and to refuse the issuance of new or renewal licenses for failure to comply with such standards;
8. Examine and issue appropriate certificates of registration as Doctor of Pharmacy to all applicants whom it shall deem qualified to be such under the provisions of the Oklahoma Pharmacy Act;
9. Investigate complaints, hold hearings and subpoena witnesses and records;
10. Initiate prosecution;
11. Reprimand or place on probation any holder of a certificate, license or permit; suspend or revoke certificates, licenses or permits, and levy fines not to exceed One Thousand Dollars ($1,000.00) for each count for which any holder of a certificate, license or permit has been convicted in Board hearings. Provided, as a condition of corrective disciplinary sanctions, the Board may require extra continuing education or attendance at a live continuing education program, and may require participation in a rehabilitation program for the impaired. The Board may take such actions singly or in combination, as the nature of the violation requires;
12. Adopt and establish rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy. Such rules shall be subject to amendment or repeal by the Board as the need may arise;
13. Perform such other duties, exercise such other powers and employ such other personnel as the provisions and enforcement of the Oklahoma Pharmacy Act may require;
14. Make and publish uniform rules such as may be necessary for carrying out and enforcing the provisions of the Oklahoma Pharmacy Act, Oklahoma drug laws and rules, federal drug laws and regulations, and such other areas as in its discretion may be necessary to protect the health, safety and welfare of the public;
15. Establish and collect appropriate fees for licenses, permits, inspections and service provided. Such fees shall be promulgated to implement the provisions of the Oklahoma Pharmacy Act under the provisions of the Administrative Procedures Act; and
16. Regulate:
a. personnel working in a pharmacy, such as interns and supportive personnel, including technicians,
b. interns, preceptors and training areas through which the training of applicants in the practice of pharmacy occurs for licensure as a pharmacist, and
c. such persons regarding all aspects relating to the handling of drugs, medicines, chemicals and poisons.
Added by Laws 1961, p. 447, § 7, emerg. eff. May 22, 1961. Amended by Laws 1976, c. 83, § 1, emerg. eff. May 3, 1976; Laws 1982, c. 172, § 2, emerg. eff. April 16, 1982; Laws 1993, c. 199, § 6, emerg. eff. May 24, 1993; Laws 1997, c. 250, § 3, eff. Nov. 1, 1997; Laws 2001, c. 281, § 3, eff. Nov. 1, 2001; Laws 2002, c. 408, § 2, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 17, emerg. eff. June 9, 2004.
§59-353.8. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-353.9. Registered pharmacists - Qualifications - Interns, preceptors and training areas - Applications for examination - Fees - Examinations - Reciprocal certificates - Original certificates upon score transfer.
A. Registered pharmacists shall be persons regularly registered as such in the State of Oklahoma on or before the effective date of this act. All other qualified persons may become registered upon passing a satisfactory examination approved by the Board of Pharmacy. Before any applicant is allowed to sit for such examinations, such applicant shall submit to the Board sufficient proof that the applicant:
1. Is of good moral character;
2. Is a graduate of an accredited School or College of Pharmacy approved by the Board, or a foreign pharmacy school graduate who has received an equivalency certification by the National Association of Boards of Pharmacy; and
3. Has attained experience in the practice of pharmacy, obtained in a place and in a manner prescribed and approved by the Board of Pharmacy.
B. Interns, preceptors and training areas shall make application for a license, and shall pay a fee set by the Board, not to exceed Fifty Dollars ($50.00).
C. All applicants shall make application in the form and manner prescribed by the Board, and deposit with the Executive Director of the Board a fee set by the Board not to exceed One Hundred Fifty Dollars ($150.00) plus the purchase price of the examination. Upon satisfactory passage of an examination and meeting such other requirements specified by the Board pursuant to the Oklahoma Pharmacy Act, the applicant shall be granted an appropriate certificate setting forth the qualifications to practice pharmacy. Any applicant failing an examination shall not sit for an additional examination until such applicant has made a new application and paid the fee provided herein.
D. The Board of Pharmacy shall have the power to issue reciprocal certificates of registration to applicants registered in other states having like requirements, and for which they shall charge a fee of Two Hundred Dollars ($200.00).
E. The Board shall have the power to issue original certificates of registration to applicants for the score transfer process administered by the National Association of Boards of Pharmacy; provided, such applicants shall provide sufficient proof of compliance with the requirements of paragraphs 1 through 3 of subsection A of this section, and for which the Board shall charge a fee not exceed Two Hundred Dollars ($200.00).
Laws 1961, p. 448, § 9, emerg. eff. May 22, 1961; Laws 1976, c. 83, § 3, emerg. eff. May 3, 1976; Laws 1981, c. 75, § 1, emerg. eff. April 16, 1981; Laws 1987, c. 65, § 1, eff. Nov. 1, 1987; Laws 1988, c. 30, § 1, eff. Nov. 1, 1988; Laws 1993, c. 199, § 7, emerg. eff. May 24, 1993; Laws 1994, c. 43, § 1, emerg. eff. April 11, 1994; Laws 2004, c. 523, § 18, emerg. eff. June 9, 2004.
§59353.10. Assistant pharmacists.
A. Any person who was licensed as an assistant pharmacist before July 27, 1961, and who met the standards and requirements for licensure pursuant to the Oklahoma Pharmacy Act may practice as an assistant pharmacist.
B. Assistant pharmacists shall not manage a pharmacy.
Laws 1961, p. 449, § 10, emerg. eff. May 22, 1961; Laws 1961, p. 453, § 1, emerg. eff. July 27, 1961; Laws 1993, c. 199, § 8, emerg. eff. May 24, 1993.
§59-353.11. Annual renewal of registration - Fee - Failure or neglect to renew registration - Late fee - Reinstatement of registration.
A. 1. Every registered pharmacist and assistant pharmacist who desires to continue in the profession of pharmacy in this state shall annually, after the expiration of the registration, and on or before the expiration date each year, complete a renewal form and remit to the Board of Pharmacy a renewal fee to be fixed by the Board. Upon compliance with the provisions of the Oklahoma Pharmacy Act and payment of such renewal fee, a renewal certificate of registration shall be issued.
2. Every registered pharmacist who fails to complete a renewal form and remit the required renewal fee to the Board by the fifteenth day after the expiration of the license shall pay a late fee to be fixed by the Board.
B. If any person fails or neglects to procure an annual registration or permit, as herein required, notice of such failure having been mailed to such person's post office address, the Board may, after the expiration of thirty (30) days following the issue of the notice, deprive the person of his or her registration and all other privileges conferred by the Oklahoma Pharmacy Act. In order to regain registration, it shall be necessary for such person to make application in writing to the Board requesting reinstatement. The Board may require such person to appear before the Board at a regular meeting.
Added by Laws 1961, p. 449, § 11, emerg. eff. May 22, 1961. Amended by Laws 1970, c. 56, § 1, emerg. eff. March 16, 1970; Laws 1981, c. 75, § 2, emerg. eff. April 16, 1981; Laws 1990, c. 120, § 2; Laws 1993, c. 199, § 9, emerg. eff. May 24, 1993; Laws 2002, c. 408, § 3, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 19, emerg. eff. June 9, 2004.
§59353.12. Display of certificate of registration Discontinuance or change of place of business Confiscation of certificates.
A. Every person upon receiving a certificate of registration pursuant to the Oklahoma Pharmacy Act, or who has heretofore received a certificate of registration in this state, shall keep such certificate conspicuously displayed in the pharmacy where such pharmacist is actively engaged in the practice of pharmacy or in such a location as is otherwise prescribed by the Board. The current receipt for registration shall be attached to the lower left corner of the original certificate. Every registered pharmacist or assistant pharmacist shall, within ten (10) days after discontinuing or changing his place of practice, remove his certificate and notify the Executive Director of the Board of his new place of practice. Upon receipt of said notification, the Executive Director shall make the necessary change in the register.
B. Any member of the Board of Pharmacy or inspector duly authorized by said Board shall have authority to confiscate and void any certificate issued by said Board which has been displayed in any place not authorized by the Board, provided that the holder of the certificate shall be entitled to a hearing before the Board and show cause why his certificate should not be canceled.
Laws 1961, p. 449, § 12, emerg. eff. May 22, 1961; Laws 1993, c. 199, § 10, emerg. eff. May 24, 1993.
§59-353.13. Unlawful and prohibited acts relating to pharmacists and pharmacist assistants.
A. It shall be unlawful for any person, other than a registered pharmacist or assistant pharmacist, to certify the finished prescription, as defined by the Board, before delivery to the patient or the patient's agent or care giver.
B. It shall be unlawful for any person to institute or manage a pharmacy unless such person shall be a registered pharmacist, or shall place in charge of said pharmacy a registered pharmacist.
C. No registered pharmacist shall manage, supervise nor be in charge of more than one pharmacy.
D. No pharmacist being requested to sell, furnish or compound any drug, medicine, chemical or other pharmaceutical preparation, by prescription or otherwise, shall substitute or cause to be substituted therefor, without authority of the prescriber or purchaser, any like drug, medicine, chemical or pharmaceutical preparation.
E. No proprietor of a pharmacy, or other person, shall permit the practice of pharmacy except by a registered pharmacist or assistant pharmacist.
F. No proprietor of a pharmacy, or other person, shall subvert the authority of the pharmacist in charge of the pharmacy by impeding the management of the prescription department in compliance with federal and state pharmacy laws and regulations.
G. Nothing in the Oklahoma Pharmacy Act shall prevent veterinary prescription drugs from being shipped directly from a wholesaler or distributor to a client; provided, such drugs may be supplied to the client on the order of an Oklahoma licensed veterinarian and only when a valid veterinarian-client-patient relationship exists.
1. Prescriptions dispensed pursuant to the provisions of this subsection shall not be required to be certified by a pharmacist prior to being dispensed by a wholesaler or distributor.
2. It shall be a violation of state law for an owner or their authorized agent to acquire or use any prescription drug other than according to the label and/or outside of a valid veterinarian-client -patient relationship (VCPR);
3. It shall be a violation of state law for a wholesaler or distributor to sell a prescription labeled drug to an owner or their authorized agent without a valid VCPR in place; and
4. Compliance of this act as it relates to veterinary prescription labeled drugs shall be done in accordance with and pursuant to rules that shall be promulgated by the Oklahoma State Board of Veterinary Medical Examiners and in consultation with the State Veterinarian in accordance with state law.
Added by Laws 1961, p. 449, § 13, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, § 11, emerg. eff. May 24, 1993; Laws 2001, c. 400, § 7, eff. Nov. 1, 2001; Laws 2005, c. 18, § 2, eff. Nov. 1, 2005.
§59-353.13A. Prescriptions received by other than written communication - Prescriptions for dangerous drugs and controlled dangerous substances - Prescription labels - Language prescription to be written in.
A. Prescriptions received by other than written communication shall be promptly recorded in writing by the pharmacist. The record made by the pharmacist shall constitute the original prescription to be filled by the pharmacist.
B. 1. Pharmacists may dispense prescriptions for dangerous drugs and controlled dangerous substances specified in Section 581 of this title for ocular abnormalities prescribed by qualified optometrists certified by the Board of Examiners in Optometry to use such dangerous drugs and controlled dangerous substances.
2. All prescriptions issued by certified optometrists shall include the certification number of the optometrist as assigned by the Board of Examiners in Optometry. The Board of Examiners in Optometry shall provide an annual list of all certified optometrists directly to each pharmacy licensed by the Oklahoma State Board of Pharmacy. Any additions or deletions in certification shall be mailed to all pharmacies in this state within thirty (30) days of such change.
C. A filled prescription label shall include the name and address of the pharmacy of origin, date of filling, name of patient, name of prescriber, directions for administration, and prescription number. The symptom or purpose for which the drug is being prescribed may appear on the label, if, after being advised by the practitioner, the patient or the patient's authorized representative so requests. If the symptom or purpose for which a drug is being prescribed is not provided by the practitioner, the pharmacist may fill the prescription order without contacting the practitioner, patient, or the patient's representative. The label shall also include the trade or generic name, and the quantity and strength of the drug therein contained, except when otherwise directed by the prescriber. This requirement shall not apply to compounded prescriptions or medicines and drugs supplied or delivered directly to patients for consumption on the premises while admitted to any hospital or mental institution.
D. No prescription shall be written in any characters, figures or ciphers other than in the English or Latin language, generally in use among medical and pharmaceutical practitioners.
Added by Laws 1993, c. 199, § 22, emerg. eff. May 24, 1993. Amended by Laws 1994, c. 52, § 3, eff. July 1, 1994; Laws 2004, c. 171, § 1, emerg. eff. April 28, 2004; Laws 2004, c. 523, § 1, emerg. eff. June 9, 2004; Laws 2004, c. 523, § 1, emerg. eff. June 9, 2004.
§59-353.14. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-353.15. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-353.16. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-353.16A. Incapacity of pharmacist - Effect on license.
The Board may refuse to issue or renew, or may suspend, revoke or restrict the license of any pharmacist because of incapacity of a nature that prevents such pharmacist from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public.
Added by Laws 1993, c. 199, § 12, emerg. eff. May 24, 1993.
§59353.17. Unlawful use of titles relating to pharmacy.
A. No person shall take, use or exhibit the title of pharmacist, registered pharmacist or assistant pharmacist, either expressly or by implication, except as otherwise authorized by the Oklahoma Pharmacy Act.
B. No person, firm or corporation other than one licensed under this act shall take, use or exhibit the title "Druggist", "Doctor of Pharmacy", "R.Ph.", "D.Ph.", "Pharmacy", "Drug Store", "Drug Department", "Drugs", "Drug Sundries", "Prescriptions", or any other term, sign or device or any word in similitude thereof.
Laws 1961, p. 450, § 17, emerg. eff. May 22, 1961; Laws 1993, c. 199, § 13, emerg. eff. May 24, 1993.
§59-353.18. Sale, manufacturing or packaging of dangerous drugs, medicines, chemicals or poisons - License or permit required - Violations - Penalties - Renewal - Late fees.
A. 1. It shall be unlawful for any person to engage in selling at retail, or offering for sale, dangerous drugs, medicines, chemicals or poisons for the treatment of disease, excluding agricultural chemicals and drugs, or to accept prescriptions for same, without first procuring a license from the Board of Pharmacy. The provisions of this subsection shall not apply to medical gas suppliers or medical gas distributors regulated pursuant to the provisions of subsection B of this section.
2. A license shall be issued to such person as the Board shall deem qualified upon evidence satisfactory to the Board that:
a. the place for which the license is sought will be conducted in full compliance with the law and the rules of the Board,
b. the location, appointments and physical characteristics of the place are reasonably consistent with the maintenance of professional surroundings and constitute no known danger to the public health and safety,
c. the place will be under the management and control of a registered pharmacist, and
d. a registered pharmacist or assistant pharmacist will be present and on duty at all hours the pharmacy is open for business; provided, however, the provisions of this subparagraph shall not apply to a hospital drug room.
3. a. An application for a license issued pursuant to the provisions of this subsection shall:
(1) be submitted to the Board in writing, and
(2) contain the name or names of persons owning the pharmacy.
b. An application for each initial or renewal license shall be accompanied by a licensing fee not to exceed One Hundred Fifty Dollars ($150.00) for each period of one (1) year. Prior to opening for business, all applicants for an initial license or permit shall be inspected. Applicants shall pay an inspection fee not to exceed One Hundred Dollars ($100.00); provided however, that no charge shall be made for the licensing of any Federal Veterans Hospital in the State of Oklahoma.
c. A license issued pursuant to the provisions of this subsection shall be valid for a period set by the Board and shall contain the name of the licensee and the address of the place at which such business shall be conducted.
4. A retail pharmacy that prepares sterile therapeutic preparations that shall be free from living microorganisms (aseptic) shall obtain a pharmacy license, and shall also obtain a parenteral permit at a fee set by the Board, not to exceed Seventy-five Dollars ($75.00). Such pharmacy shall meet requirements set by the Board by rule for parenteral permits.
B. 1. It shall be unlawful for any person to manufacture, package, or wholesale any dangerous drugs, or to engage in selling, or offering for sale at retail, medical gases except under the management and control of a registered pharmacist or such other persons as may be approved by the Board after an investigation and determination of such person's qualifications. No person shall sell medical gases, or manufacture, package, or wholesale dangerous drugs offered for sale in this state without first obtaining a permit from the Board.
2. a. An application for an initial or renewal permit issued pursuant to the provisions of this subsection shall be:
(1) made in writing, and
(2) accompanied by a permit fee not to exceed Three Hundred Dollars ($300.00) for each period of one (1) year.
b. Prior to opening for business, all applicants for an initial permit shall be inspected. Applicants shall pay an inspection fee not to exceed One Hundred Dollars ($100.00).
3. A permit issued pursuant to the provisions of this subsection shall be valid for a period determined by the Board and shall contain the name of the permittee and the address of the place at which such business shall be conducted.
4. A registered permittee who fails to complete an application for a renewal permit by the fifteenth day after the expiration of the permit shall pay a late fee to be fixed by the Board.
C. A registrant who, pursuant to the provisions of this section, fails to complete an application for a renewal license or permit by the fifteenth day after the expiration of the license or permit shall pay a late fee to be fixed by the Board.
D. 1. The Board shall promulgate rules regarding the issuance and renewal of licenses and permits pursuant to the Oklahoma Pharmacy Act which shall include, but need not be limited to:
a. provisions for new or renewal application requirements for both in- and out-of-state wholesale distributors, chain pharmacy warehouses and repackagers that ship into Oklahoma. Requirements for new and renewal applications, if such information has not been previously provided to the Board, shall include, but need not be limited to, the following:
(1) type of ownership, whether individual, partnership or corporation,
(2) names of principal owners or officers and their Social Security numbers,
(3) names of designated managers and their Social Security numbers,
(4) applicant's and designated managers' fingerprints,
(5) criminal background check information for the applicants and designated managers as required by rule,
(6) a copy of the license from the applicant's or designated managers' home state, and
(7) bond requirements, and
b. provisions for the establishment of a pedigree or electronic file to be used by wholesale distributors, chain pharmacy warehouses and repackagers for the purpose of ensuring the integrity of drugs owned, purchased, distributed, returned, transferred and sold when the products leave the normal distribution channel.
2. The Board shall be authorized to use an outside agency, such as the National Association of Boards of Pharmacy (NABP) or the Verified-Accredited Wholesale Distributors (VAWD), to accredit wholesale distributors and repackagers.
3. The Board may exempt by rule wholesalers accredited by VAWD from the provisions of subparagraphs a and b of paragraph 1 of this subsection.
4. The Board shall exempt from the provisions of this subsection logistics providers that receive prescription drugs from original sponsors or manufacturers, deliver the drug products in commerce at the direction of the original sponsor or manufacturer, and do not purchase, sell, trade, or take title to any prescription drug.
5. In promulgating such rules, the Board shall seek input from manufacturers, wholesale distributors, chain pharmacy warehouses, logistics providers and repackagers.
E. A wholesale distributor shall accept prescription drug returns pursuant to the terms and conditions of the agreement between the wholesale distributor and a hospital, pharmacy, chain pharmacy warehouse or other healthcare entity and these returns shall not be subject to any pedigree or electronic file requirement unless the returns are greater than the purchases from the wholesale distributor. Wholesale distributors shall be held accountable for maintaining their return process and ensuring that items returned originated from their operations, that the return process is secure, and that the return process does not permit the entry of adulterated and counterfeit product.
F. The Oklahoma Pharmacy Act shall not be construed to prevent the sale of nonprescription drugs in original packages by any merchant or dealer.
Added by Laws 1961, p. 450, § 18, emerg. eff. May 22, 1961. Amended by Laws 1970, c. 56, § 2, emerg. eff. March 16, 1970; Laws 1973, c. 115, § 1, emerg. eff. May 4, 1973; Laws 1976, c. 83, § 4, emerg. eff. May 3, 1976; Laws 1981, c. 75, § 3, emerg. eff. April 16, 1981; Laws 1982, c. 172, § 4, emerg. eff. April 16, 1982; Laws 1987, c. 20, § 2, eff. Nov. 1, 1987; Laws 1988, c. 231, § 1, emerg. eff. June 22, 1988; Laws 1990, c. 120, § 3; Laws 1993, c. 199, § 14, emerg. eff. May 24, 1993; Laws 2004, c. 523, § 20, emerg. eff. June 9, 2004; Laws 2005, c. 285, § 2, eff. Nov. 1, 2005.
NOTE: Laws 2005, c. 357, § 1 repealed by Laws 2006, c. 16, § 40, emerg. eff. March 29, 2006.
§59-353.19. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59353.20. Pharmaceutical equipment and library required - Scales and balances - Sanitary appliances and conditions - Pharmaceutical records.
A. Every pharmacy shall have the proper pharmaceutical equipment so that prescriptions can be filled, and the practice of pharmacy can be properly conducted. The Board shall prescribe the minimum professional and technical equipment and library which a pharmacy shall at all times possess. No pharmacy license shall be issued or continued until or unless such pharmacy has complied with the Oklahoma Pharmacy Act.
B. The Board may from time to time require that scales and balances be condemned, or other specific equipment changes be made. Failure to comply with such requirements within sixty (60) days shall result in revocation of license for the place of business upon which such requirement is made.
C. No license shall be issued or continued for conduct of a pharmacy unless the premises of such pharmacy shall be equipped with proper sanitary appliances and kept in a clean and orderly manner.
D. There shall be kept in every pharmacy a suitable book, file or record in which shall be preserved for a period of not less than five (5) years every prescription compounded or dispensed at said pharmacy, and said book or file of prescriptions shall at all times be open to inspection by the members of the Board or its duly authorized agents.
Laws 1961, p. 451, § 20, emerg. eff. May 22, 1961; Laws 1993, c. 199, § 15, emerg. eff. May 24, 1993.
§59-353.21. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59353.22. Sale of poisons.
A. It shall be unlawful for:
1. Any person to sell any poison without distinctly labeling the box, vessel or paper in which the said poison is contained with the name of the article, the word "poison", and the name and the place of business of the seller; or
2. Any registered pharmacist, or other person, to sell any poison without causing an entry to be made in a book kept for that purpose before delivering the same to the purchaser, stating the date of the sale, the name and address of the purchaser, the name of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such a book to be always open for inspection by the proper authorities and to be preserved for at least five (5) years.
B. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses, upon the prescription of practitioners of medicine.
Laws 1961, p. 451, § 22, emerg. eff. May 22, 1961; Laws 1993, c. 199, § 16, emerg. eff. May 24, 1993.
§59-353.23. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-353.24. Unlawful acts.
It shall be unlawful for any person, firm or corporation to:
1. Forge or increase the quantity of drug in any prescription, or to present a prescription bearing forged, fictitious or altered information or to possess any drug secured by such forged, fictitious or altered prescription;
2. Sell, offer for sale, barter or give away any unused quantity of drugs obtained by prescription, except through a program pursuant to the Utilization of Unused Prescription Medications Act or as otherwise provided by the Board of Pharmacy;
3. Sell, offer for sale, barter or give away any drugs damaged by fire, water, or other causes without first obtaining the written approval of the Board or the State Department of Health;
4. Enter into any arrangement whereby prescription orders are received, or prescriptions delivered at a place other than the pharmacy in which they are compounded and dispensed. However, nothing in this paragraph shall prevent a pharmacist or an employee of the pharmacy from personally receiving a prescription or delivering a legally filled prescription at a residence, office or place of employment of the patient for whom the prescription was written. Provided further, the provisions of this paragraph shall not apply to any Department of Mental Health and Substance Abuse Services employee or any person whose facility contracts with the Department of Mental Health and Substances Abuse Services whose possession of any dangerous drug, as defined in Section 353.1 of this title, is for the purpose of delivery of a mental health consumer's medicine to the consumer's home or residence. Nothing in this paragraph shall prevent veterinary prescription drugs from being shipped directly from a wholesaler or distributor to a client; provided, such drugs may be dispensed only on prescription of a licensed veterinarian and only when an existing veterinary-client-patient relationship exists;
5. Sell, offer for sale or barter or buy any professional samples except through a program pursuant to the Utilization of Unused Prescription Medications Act. For purpose of this paragraph, "professional samples" means complimentary drugs packaged in accordance with federal and state statutes and regulations and provided to a licensed practitioner free of charge by manufacturers or distributors for the purpose of being distributed free of charge in such package by the licensed practitioner to a patient;
6. Refuse to permit or otherwise prevent members of the Board or such representatives thereof from entering and inspecting any and all places, including premises, equipment, contents, and records, where drugs, medicine, chemicals or poisons are stored, sold, vended, given away, compounded, dispensed or manufactured; or
7. Possess dangerous drugs without a valid prescription or a valid license to possess such drugs; provided, however, this provision shall not apply to any Department of Mental Health and Substance Abuse Services employee or any person whose facility contracts with the Department of Mental Health and Substances Abuse Services whose possession of any dangerous drug, as defined in Section 353.1 of this title, is for the purpose of delivery of a mental health consumer's medicine to the consumer's home or residence.
Added by Laws 1961, p. 452, § 24, emerg. eff. May 22, 1961. Amended by Laws 1986, c. 317, § 2, emerg. eff. June 24, 1986; Laws 1987, c. 139, § 1, emerg. eff. June 19, 1987; Laws 1993, c. 199, § 18, emerg. eff. May 24, 1993; Laws 2001, c. 400, § 8, eff. Nov. 1, 2001; Laws 2002, c. 22, § 20, emerg. eff. March 8, 2002; Laws 2004, c. 523, § 21, emerg. eff. June 9, 2004; Laws 2005, c. 1, § 87, emerg. eff. March 15, 2005; Laws 2005, c. 40, § 1, eff. July 1, 2005.
NOTE: Laws 2001, c. 281, § 4 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002. Laws 2004, c. 374, § 8 repealed by Laws 2005, c. 1, § 88, emerg. eff. March 15, 2005.
§59-353.25. Violation of act - Penalty - Perjury.
A. The violation of any provision of the Oklahoma Pharmacy Act for which no penalty is specifically provided shall be punishable as a misdemeanor.
B. Any person who shall willfully make any false representations in procuring or attempting to procure for himself, or for another, registration under this act shall be guilty of the felony of perjury.
Added by Laws 1961, p. 452, § 25. Amended by Laws 1993, c. 199, § 17, emerg. eff. May 24, 1993; Laws 1997, c. 133, § 506, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 506 from July 1, 1998, to July 1, 1999.
§59-353.26. Revocation or suspension of certificate, license or permit - Grounds - Procedure.
A. The Board of Pharmacy may:
1. Revoke or suspend any certificate, license or permit issued pursuant to the Oklahoma Pharmacy Act or reprimand or place on probation any holder of a certificate, license, or permit who:
a. violates any provision of the Oklahoma Pharmacy Act,
b. violates any of the provisions of the Uniform Controlled Dangerous Substances Act,
c. has been convicted of a felony or has pleaded guilty or no contest to a felony,
d. engages in the practice of pharmacy while incapacitated or abuses intoxicating liquors or other chemical substances,
e. conducts himself or herself in a manner likely to lower public esteem for the profession of pharmacy,
f. has had his or her license placed on probation, suspended, or revoked, has been reprimanded by another State Board of Pharmacy or has had another disciplinary action by another state entity,
g. has been legally adjudged to be not mentally competent, or
h. exercises conduct and habits inconsistent with the rules of professional conduct established by the Board; and
2. Levy administrative fines not to exceed One Thousand Dollars ($1,000.00) for each count of which any holder of a certificate, license, or permit has been convicted in Board hearings.
B. The Board, its employees, or other agents shall keep confidential information obtained during an investigation into violations of the Oklahoma Pharmacy Act; provided, however, such information may be introduced by the state in administrative proceedings before the Board.
C. To ensure the confidentiality of such information for the protection of the affected individual or entity, the information obtained shall not be deemed to be a record as that term is defined in the Oklahoma Open Records Act.
D. 1. The Board, upon a sworn complaint filed with its Director, and after giving at least ten (10) days' written notice by registered or certified mail of the filing of such complaint to the person accused therein of the date and place of a hearing thereon, to which notice shall be attached a statement of the charges contained in the complaint, is hereby authorized and empowered, if the Board finds that the allegations of the complaint are supported by the evidence rendered at the hearing to, by written order, revoke permanently or suspend for a designated period, the certificate, license or permit of the person charged in the complaint or to reprimand or place such person on probation.
2. The Board may, upon written application therefor and in the exercise of its official discretion, cancel the order.
3. A person whose certificate, license or permit has been revoked or suspended or who has been reprimanded or placed on probation or fined may appeal such Board order pursuant to the Administrative Procedures Act.
E. A person, other than a pharmacy technician, whose license or permit has been suspended by the Board or by operation of law shall pay a reinstatement fee not to exceed One Hundred Dollars ($100.00) as a condition of reinstatement of the license.
Added by Laws 1961, p. 452, § 26, emerg. eff. May 22, 1961. Amended by Laws 1976, c. 83, § 5, emerg. eff. May 3, 1976; Laws 1981, c. 75, § 4, emerg. eff. April 16, 1981; Laws 1982, c. 172, § 5, emerg. eff. April 16, 1982; Laws 1993, c. 199, § 19, emerg. eff. May 24, 1993; Laws 2002, c. 408, § 4, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 22, emerg. eff. June 9, 2004.
§59-353.27. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-353.28. Renumbered as §36-4511 by Laws 1990, c. 127, § 1, eff. Sept. 1, 1990.
§59-353.29. Use of supportive personnel - Pharmacy technician permit - Application - Fee - Renewal - Late fee.
A. The use of supportive personnel in the practice of pharmacy shall be acceptable within rules established by the Board of Pharmacy.
B. 1. No person shall serve as a pharmacy technician without first procuring a permit from the Board.
2. An application for an initial or renewal permit issued pursuant to this subsection shall be:
a. made in writing, and
b. accompanied by a permit fee not to exceed Forty Dollars ($40.00) for each period of one (1) year.
3. A permit issued pursuant to this subsection shall be valid for a period to be determined by the Board.
4. A pharmacy technician who fails to complete an application for a renewal permit by the fifteenth day after the expiration of the permit shall pay a late fee to be fixed by the Board.
Added by Laws 1993, c. 199, § 20, emerg. eff. May 24, 1993. Amended by Laws 2004, c. 523, § 23, emerg. eff. June 9, 2004.
§59-353.30. Use of agreements - Training requirements and administration of immunizations and therapeutic injections.
A. The use of agreements in the practice of pharmacy shall be acceptable within the rules promulgated by the Board of Pharmacy and in consultation with the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners.
B. The Board of Pharmacy shall develop and prepare permanent rules relating to training requirements and administration of immunizations and therapeutic injections in consultation within the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners.
C. A pharmacist who has completed a requisite course of training as approved by the Board of Pharmacy in consultation with the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners, may administer immunizations and therapeutic injections only upon patient specific orders from an osteopathic physician or allopathic physician.
D. In the case of both immunization and therapeutic injection to be administered by a pharmacist, the required patient specific prescriptions shall be written in accordance with rules promulgated by the licensing board of the licensed practitioner issuing the prescription.
Added by Laws 2002, c. 408, § 5, emerg. eff. June 5, 2002. Amended by Laws 2003, c. 307, § 1, emerg. eff. May 27, 2003.
§59354. Prescription as property right of patient Duty to provide reference copies and transfer prescriptions.
A. A prescription is the property of the patient for whom it is prescribed.
B. No pharmacist or assistant pharmacist shall refuse, upon request by that customer in person or through an authorized pharmacist or assistant pharmacist, to supply a reference copy in writing or by telephone.
C. No legally competent practitioner of the healing arts shall refuse to honor the request of his patient to have his prescription transferred to the registered pharmacist or pharmacy of the patient's choice.
Laws 1974, c. 79, § 1, emerg. eff. April 19, 1974; Laws 1993, c. 199, § 21, emerg. eff. May 24, 1993.
§59-355. Definitions.
As used in the Oklahoma Pharmacy Act:
1. "Dangerous drugs" means any drug intended for use by humans which, because of its toxicity or other potential for harmful effects, or the method of its use, or the collateral measures necessary for its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drugs. This shall include all drugs upon which the manufacturer or distributor has, in compliance with federal law and regulations, placed the following: "Caution - Federal Law prohibits dispensing without prescription";
2. "Licensed practitioner" means an allopathic physician, osteopathic physician, podiatric physician, dentist, veterinarian, or optometrist licensed to practice and authorized to prescribe medication within the scope of practice of such practitioner; and
3. "Professional samples" means complimentary drugs packaged in accordance with federal and state statutes and regulations and provided to a licensed practitioner free of charge by manufacturers or distributors and distributed free of charge in such package by the licensed practitioner to such practitioner's patients.
Added by Laws 1987, c. 20, § 4, eff. Nov. 1, 1987. Amended by Laws 1989, c. 304, § 1, eff. Nov. 1, 1989; Laws 1997, c. 250, § 4, eff. Nov. 1, 1997; Laws 2004, c. 523, § 2, emerg. eff. June 9, 2004.
§59-355.1. Dispensing dangerous drugs - Procedure - Registration - Exemptions.
A. Except as provided for in Section 353.1 et seq. of this title, only a licensed practitioner may dispense dangerous drugs to such practitioner's patients, and only for the expressed purpose of serving the best interests and promoting the welfare of such patients. The dangerous drugs shall be dispensed in an appropriate container to which a label has been affixed, such label to include the name and office address of the licensed practitioner, date dispensed, name of patient, directions for administration, prescription number, the trade or generic name and the quantity and strength, not meaning ingredients, of the drug therein contained; provided, this requirement shall not apply to compounded medicines. The licensed practitioner shall keep a suitable book, file or record in which shall be preserved for a period of not less than five (5) years a record of every dangerous drug compounded or dispensed by the licensed practitioner.
B. A licensed practitioner desiring to dispense dangerous drugs pursuant to this section shall register annually with the appropriate licensing board as a dispenser, through a regulatory procedure adopted and prescribed by such licensing board.
C. A licensed practitioner who dispenses professional samples to patients shall be exempt from the requirement of subsection B of this section if:
1. The licensed practitioner furnishes the professional samples to the patient in the package provided by the manufacturer;
2. No charge is made to the patient; and
3. An appropriate record is entered in the patient's chart.
D. This section shall not apply to the services provided through the State Department of Health, city/county health departments, or the Department of Mental Health and Substance Abuse Services.
E. This section shall not apply to organizations and services incorporated as state or federal taxexempt charitable nonprofit entities and/or organizations and services receiving all or part of their operating funds from a local, state or federal governmental entity; provided, such organizations and services shall comply with the labeling and recordkeeping requirements set out in subsection A of this section.
Added by Laws 1987, c. 20, § 5, eff. Nov. 1, 1987. Amended by Laws 1987, c. 168, § 5, eff. Nov. 1, 1987; Laws 1990, c. 51, § 122, emerg. eff. April 9, 1990; Laws 1997, c. 250, § 5, eff. Nov. 1, 1997.
§59355.2. Violations Actions Rules and regulations.
A. A licensed practitioner violating any of the provisions of this act shall be subject to appropriate actions established in the rules and regulations of his licensing board.
B. Rules and regulations relating to this act shall be adopted by the appropriate licensing boards after consultation and review with the Oklahoma State Board of Pharmacy prior to the effective date of this act.
Added by Laws 1987, c. 20, § 6, eff. Nov. 1, 1987.
§59-355.3. Renumbered as § 2-312.1 of Title 63 by Laws 1990, c. 271, § 3, operative July 1, 1990.
§59-361. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-362. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59-363. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59364. Certification renewal - Continuing professional education requirement.
No annual renewal certificate shall be issued to a pharmacist until such pharmacist shall have submitted proof to the Board that he has participated in not less than fifteen (15) clock hours of continuing education obtained through the satisfactory completion of an accredited program of continuing professional education during the previous calendar year.
Laws 1973, c. 144, § 4; Laws 1993, c. 199, § 23, emerg. eff. May 24, 1993.
§59-365. Repealed by Laws 1993, c. 199, § 25, emerg. eff. May 24, 1993.
§59366. Alternative methods of meeting continuing education requirement - Inactive renewal certificate of registration.
A. The Board may grant to a pharmacist who meets all the necessary requirements for registration and licensure, except the continuing education requirements, alternate methods of obtaining continuing education hours.
B. 1. Any pharmacist who does not meet the requirement for continuing education may obtain an inactive renewal certificate of registration.
2. The holder of an inactive renewal certificate of registration shall not engage in the practice of pharmacy in Oklahoma.
3. The holder of an inactive renewal certificate of registration shall apply to the Board to be removed from the inactive status.
Laws 1973, c. 144, § 6; Laws 1976, c. 43, § 1, emerg. eff. April 5, 1976; Laws 1993, c. 199, § 24, emerg. eff. May 24, 1993.
§59-367.1. Short title.
Sections 1 through 7 of this act shall be known and may be cited as the "Utilization of Unused Prescription Medications Act".
Added by Laws 2004, c. 374, § 1, emerg. eff. June 3, 2004.
§59-367.2. Definitions.
As used in the Utilization of Unused Prescription Medications Act:
1. "Assisted living center" has the same meaning as such term is defined in Section 1-890.2 of Title 63 of the Oklahoma Statutes;
2. "Cancer drugs" means any of several drugs that control or kill neoplastic cells, commonly referred to as "cancer-fighting drugs"; and includes, but is not limited to, drugs used in chemotherapy to destroy cancer cells;
3. "Health care professional" means any of the following persons licensed and authorized to prescribe and dispense drugs or to provide medical, dental, or other health-related diagnoses, care or treatment within the scope of their professional license:
a. a physician holding a current license to practice medicine pursuant to Chapter 11 or Chapter 14 of Title 59 of the Oklahoma Statutes,
b. an advanced practice nurse licensed pursuant to Chapter 12 of Title 59 of the Oklahoma Statutes,
c. a physician assistant licensed pursuant to Chapter 11 of Title 59 of the Oklahoma Statutes,
d. a dentist licensed pursuant to Chapter 7 of Title 59 of the Oklahoma Statutes,
e. an optometrist licensed pursuant to Chapter 13 of Title 59 of the Oklahoma Statutes, and
f. a pharmacist licensed pursuant to Chapter 8 of Title 59 of the Oklahoma Statutes;
4. "Medically indigent" means a person eligible to receive Medicaid or Medicare or a person who has no health insurance and who otherwise lacks reasonable means to purchase prescribed medications;
5. "Charitable clinic" means a charitable nonprofit corporation or a facility organized as a not-for-profit pursuant to the provisions of the Oklahoma General Corporation Act that:
a. holds a valid exemption from federal income taxation issued pursuant to Section 501(a) of the Internal Revenue Code (26 U.S.C., Section 501(a)),
b. is listed as an exempt organization under 501(c) of the Internal Revenue Code (26 U.S.C., Section 501(c)),
c. provides on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at such facility advice, counseling, diagnosis, treatment, surgery, care or services relating to the preservation or maintenance of health, and
d. has a licensed outpatient pharmacy; and
6. "Prescription drug" means a drug which may be dispensed only upon prescription by a health care professional authorized by his or her licensing authority and which is approved for safety and effectiveness as a prescription drug under Section 505 or 507 of the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938), 21 U.S.C.A., Section 301).
Added by Laws 2004, c. 374, § 2, emerg. eff. June 3, 2004.
§59-367.3. Program for utilization of unused prescription drugs.
A. Beginning January 1, 2005, the Board of Pharmacy shall implement statewide a program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled dangerous substances in Section 2-101 of Title 63 of the Oklahoma Statutes, may be transferred from nursing facilities, assisted living centers, public intermediate care facilities for people with mental retardation (ICF/MR) or pharmaceutical manufacturers to pharmacies operated by a county. If no county pharmacy exists, or if a county pharmacy chooses not to participate, such unused prescription medications may be transferred to a pharmacy operated by a city-county health department or a pharmacy under contract with a city-county health department, a pharmacy operated by the Department of Mental Health and Substance Abuse Services or a charitable clinic for the purpose of distributing the unused prescription medications to Oklahoma residents who are medically indigent.
B. The Board of Pharmacy shall promulgate rules and establish procedures necessary to implement the program established by the Utilization of Unused Prescription Medications Act.
C. The Board of Pharmacy shall provide technical assistance to entities who may wish to participate in the program.
Added by Laws 2001, c. 281, § 1, eff. Nov. 1, 2001. Amended by Laws 2002, c. 462, § 3, eff. July 1, 2002; Laws 2003, c. 167, § 1, emerg. eff. May 5, 2003; Laws 2004, c. 374, § 3, emerg. eff. June 3, 2004. Renumbered from § 1-1918.2 of Title 63 by Laws 2004, c. 374, § 9, emerg. eff. June 3, 2004. Amended by Laws 2005, c. 285, § 1, eff. Nov. 1, 2005.
§59-367.4. Criteria for accepting unused prescription drugs.
The following criteria shall be used in accepting unused prescription drugs for use under the Utilization of Unused Prescription Medications Act:
1. Only prescription drugs in their original sealed unit dose packaging or unused injectables shall be accepted and dispensed pursuant to the Utilization of Unused Prescription Medications Act;
2. The packaging must be unopened, except that cancer drugs packaged in single-unit doses may be accepted and dispensed when the outside packaging is opened if the single-unit-dose packaging has not been opened;
3. Expired prescription drugs shall not be accepted;
4. A prescription drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug is adulterated;
5. No controlled dangerous substances shall be accepted; and
6. Subject to the limitation specified in this section, unused prescription drugs dispensed for purposes of a medical assistance program or drug product donation program may be accepted and dispensed under the Utilization of Unused Prescription Medications Act.
Added by Laws 2004, c. 374, § 4, emerg. eff. June 3, 2004.
§59-367.5. Participation in program voluntary - Acts and obligations of participating organization - Government reimbursement not considered resale.
A. Participation in the Utilization of Unused Prescription Medications Act by pharmacies, nursing homes, assisted living centers, charitable clinics or prescription drug manufacturers shall be voluntary. Nothing in the Utilization of Unused Prescription Medications Act shall require any pharmacy, nursing home, assisted living center, charitable clinic or prescription drug manufacturer to participate in the program.
B. A pharmacy or charitable clinic which meets the eligibility requirements established in the Utilization of Unused Prescription Medications Act may:
1. Dispense prescription drugs donated under the Utilization of Unused Prescription Medications Act to persons who are medically indigent residents of Oklahoma as established in rules by the Board of Pharmacy; and
2. Charge persons receiving donated prescription drugs a handling fee established by rule by the Board of Pharmacy.
C. A pharmacy or charitable clinic which meets the eligibility requirements established and authorized by the Utilization of Unused Prescription Medications Act which accepts donated prescription drugs shall:
1. Comply with all applicable federal and state laws related to the storage and distribution of dangerous drugs;
2. Inspect all prescription drugs prior to dispensing the prescription drugs to determine that such drugs are not adulterated; and
3. Dispense prescription drugs only pursuant to a prescription issued by a health care professional.
D. Prescription drugs donated under the Utilization of Unused Prescription Medications Act shall not be resold.
E. For purposes of the Utilization of Unused Prescription Medications Act, reimbursement from governmental agencies to charitable clinics shall not be considered resale of prescription drugs.
Added by Laws 2004, c. 374, § 5, emerg. eff. June 3, 2004.
§59-367.6. Liability of participating organizations and manufacturers - Bad faith or gross negligence.
A. For matters related only to the lawful donation, acceptance, or dispensing of prescription drugs under the Utilization of Unused Prescription Medications Act, the following persons and entities, in compliance with the Utilization of Unused Prescription Medications Act, in the absence of bad faith or gross negligence, shall not be subject to criminal or civil liability for injury other than death, or loss to person or property, or professional disciplinary action:
1. The Board of Pharmacy;
2. The Department of Mental Health and Substance Abuse Services;
3. Any prescription drug manufacturer, governmental entity, nursing home, or assisted living center donating prescription drugs under the Utilization of Unused Prescription Medications Act;
4. Any prescription drug manufacturer or its representative that directly donates prescription drugs in professional samples to a charitable clinic or a pharmacy under the Utilization of Unused Prescription Medications Act;
5. Any pharmacy, charitable clinic or health care professional that accepts or dispenses prescription drugs under the Utilization of Unused Prescription Medications Act; and
6. Any pharmacy, charitable clinic, city-county pharmacy or other state-contracted pharmacy that employs a health care professional who accepts or can legally dispense prescription drugs under the Utilization of Unused Prescription Medications Act and the Oklahoma Pharmacy Act.
B. For matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any entity under the Utilization of Unused Prescription Medications Act, a prescription drug manufacturer shall not, in the absence of bad faith or gross negligence, be subject to criminal or civil liability for injury other than for death, or loss to person or property including, but not limited to, liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
Added by Laws 2004, c. 374, § 6, emerg. eff. June 3, 2004.
§59-367.7. Promulgation of rules - Donation of unused prescription drugs.
A. The Board of Pharmacy shall promulgate emergency rules by December 1, 2004, to implement the Utilization of Unused Prescription Medications Act. Permanent rules shall be promulgated pursuant to the Administrative Procedures Act. Such rules shall include:
1. Eligibility criteria for pharmacies and charitable clinics authorized to receive and dispense donated prescription drugs under the Utilization of Unused Prescription Medications Act;
2. Establishment of a formulary which shall include all prescription drugs approved by the federal Food and Drug Administration;
3. Standards and procedures for transfer, acceptance, safe storage, security, and dispensing of donated prescription drugs;
4. A process for seeking input from the State Department of Health in establishing provisions which affect nursing homes and assisted living centers;
5. A process for seeking input from the Department of Mental Health and Substance Abuse Services in establishing provisions which affect mental health and substance abuse clients;
6. Standards and procedures for inspecting donated prescription drugs to ensure that the drugs are in compliance with the Utilization of Unused Prescription Medications Act and to ensure that, in the professional judgment of the pharmacist, the medications meet all federal and state standards for product integrity;
7. Procedures for destruction of medications that are donated which are controlled substances;
8. Procedures for verifying whether the pharmacy and responsible pharmacist participating in the program are licensed and in good standing with the Board of Pharmacy;
9. Establishment of standards for acceptance of unused prescription medications from assisted living centers; and
10. Any other standards and procedures the Board of Pharmacy deems appropriate or necessary to implement the provisions of the Utilization of Unused Prescription Medications Act.
B. In accordance with the rules and procedures of the program established pursuant to this section, a resident of a nursing facility or assisted living center, or the representative or guardian of a resident may donate unused prescription medications, other than prescription drugs defined as controlled dangerous substances by Section 2-101 of Title 63 of the Oklahoma Statutes, for dispensation to medically indigent persons.
Added by Laws 2004, c. 374, § 7, emerg. eff. June 3, 2004. Amended by Laws 2005, c. 73, § 1, emerg. eff. April 19, 2005.
§59-368. Access to prescription drugs for low income Oklahomans.
A. 1. This act shall be known and may be cited as the "Oklahoma Prescription Drug Discount Program Act of 2005".
2. Recognizing that many Oklahomans do not have health insurance coverage for prescription drugs, the Oklahoma Legislature hereby establishes provisions to increase access to prescription drugs for low income Oklahomans.
B. The Oklahoma Health Care Authority shall contract with a pharmacy benefit manager for the administration of a prescription drug discount program. Oklahoma incorporated entities having a strong working relationship with Oklahoma's pharmacies should be given preference when selecting the administrating entity to ensure Oklahoma pharmacy's participation and to ensure the success of the program. The prescription drug discount program will:
1. Enable persons without prescription drug coverage to be linked to appropriate manufacturer-sponsored prescription drug programs via the use of computer software;
2. Establish agreements with prescription drug manufacturers that outline available discounts and drugs, and in which prescription drug manufacturers agree to allow the Oklahoma Health Care Authority contracted pharmacy benefit manager to be the means testing agent for their programs;
3. Negotiate prescription drug discounts with manufacturers and utilize Medicaid reimbursement for pharmacy networks and implement a "one-stop" Oklahoma Prescription Drug Discount program for uninsured Oklahomans and their families. All negotiated manufacturer drug discounts shall be provided as a one-hundred-percent pass-through discount to the plan participant. The plan administrator will be required to provide the Oklahoma Health Care Authority full disclosure and transparency of financial relationships with manufacturers for this program, and will include right-to-audit provisions in all contracts with the Oklahoma Health Care Authority;
4. Ensure that one hundred percent (100%) of the savings from prescription drug manufacturers and pharmacies is passed on to the consumer;
5. Enroll persons into a prescription drug discount card program using specialized computer software that will allow the consumer to have access via a single application process to all participating prescription drug manufacturer discount programs;
6. Include outreach and advertising of the program in order to provide access to the program to potential consumers who do not have access to prescription drug coverage; and
7. Charge a basic enrollment fee to cover the administrative costs of the program; provided, however, this provision shall not apply to an applicant whose income is less than 150% of the Federal Poverty Level. Provided further, dispensing fees shall not exceed allowable Medicaid rates.
C. Nothing in this act shall be construed to allow public disclosure of any proprietary pricing information as contained in contractual agreements between a pharmaceutical manufacturer and the Oklahoma Health Care Authority, or a pharmacy benefit manager under contract with the Oklahoma Health Care Authority to be the means testing agent for the program.
Added by Laws 2005, c. 419, § 1, eff. July 1, 2005.
§59-381. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-382. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-383. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-384. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-385. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-386. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-387. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-388. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-389. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-390. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-391. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-392. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-393. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-394. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-395. Repealed by Laws 1941, p. 243, § 28, emerg. eff. May 20, 1941.
§59-395.1. Short title.
Sections 395.1 through 396.28 of this title, and Sections 24 through 26 of this act shall be known and may be cited as the "Funeral Services Licensing Act".
Added by Laws 1989, c. 297, § 1, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 1, eff. July 1, 1999; Laws 2003, c. 57, § 1, emerg. eff. April 10, 2003.
§59-396. Oklahoma Funeral Board - Appointment - Term - Qualifications.
There is hereby re-created, to continue until July 1, 2010, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Funeral Board. Any reference in the statutes to the Oklahoma State Board of Embalmers and Funeral Directors shall be a reference to the Oklahoma Funeral Board. The Board shall consist of seven (7) persons, who shall be appointed by the Governor. The term of membership of each member of the Board shall be five (5) years from the expiration of the term of the member succeeded. Any member having served as a member of the Board shall be eligible for reappointment. Provided that, a member of the Board shall serve no more than two consecutive terms and any unexpired term that a member is appointed to shall not apply to this limit. The Governor shall appoint the necessary members to the Board upon vacancies and immediately prior to the expiration of the various terms. Upon request of the Governor, appointments of a licensed embalmer and funeral director member of the Board shall be made from a list of five qualified persons submitted by the Oklahoma Funeral Directors Association. An appointment to fill a vacancy shall be for the unexpired term. A member of the Board shall serve until a successor is appointed and qualified. No person shall be a member of the Board, unless, at the time of appointment, the person is of good moral character and a resident of this state. Five of the members shall have been actively engaged in the practice of embalming and funeral directing in this state for not less than seven (7) consecutive years immediately prior to the appointment of the person, shall have an active license as provided by the Funeral Services Licensing Act, shall keep the license effective, and remain a resident of this state during the entire time the person serves on the Board. Two of the members of the Board shall be chosen from the general public, one of whom shall, if possible, be a person licensed and actively engaged in the health care field, and shall not be licensed funeral directors or embalmers or have any interest, directly or indirectly, in any funeral establishment or any business dealing in funeral services, supplies or equipment. These two members shall be appointed to serve for five-year terms.
Added by Laws 1941, p. 235, § 1, emerg. eff. May 20, 1941. Amended by Laws 1963, c. 117, § 1, emerg. eff. May 31, 1963; Laws 1978, c. 96, § 1, emerg. eff. March 29, 1978; Laws 1980, c. 312, § 1, emerg. eff. June 17, 1980; Laws 1986, c. 30, § 1, eff. July 1, 1986; Laws 1992, c. 3, § 1; Laws 1998, c. 40, § 1; Laws 2003, c. 57, § 2, emerg. eff. April 10, 2003; Laws 2004, c. 28, § 1.
§59396.1. Oath of office.
Members of said Board, before entering upon their duties, shall take and subscribe to the oath of office provided for state officers, and the same shall be filed in the office of the Secretary of State.
Added by Laws 1941, p. 235, § 2, emerg. eff. May 20, 1941.
§59396.1A. Removal of Board members.
The Governor shall remove from membership of the Oklahoma Funeral Board, at any time, any member of the Board for continued neglect of duty required by the Funeral Services Licensing Act, conduct involving moral turpitude or any violation of the provisions of Section 396.12c of this title.
Added by Laws 1941, p. 242, § 22, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, § 21, emerg. eff. April 10, 2003. Renumbered from § 396.21 of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.1B. Expenses of Board members - Executive director - Other personnel.
All of the members of the Oklahoma Funeral Board shall be reimbursed for travel expenses incident to attendance upon the business of the Board as provided in the State Travel Reimbursement Act. The Board is hereby authorized to employ an executive director at an annual salary to be set by the Board, payable monthly, and to rent and equip an office therefor in some city in the state to be selected by the Board. The Board shall not employ any of its members for a period of three (3) years following their expiration of term of office. The executive director shall keep such books, records, and perform such other lawful duties as are required by or placed upon the executive director by the Board, and shall be entitled to receive traveling expenses while in the performance of the duties as directed and prescribed by the Board. The executive director shall not accept any employment from any funeral home or wholesale house dealing in funeral supplies or equipment while acting as the executive director. The Board shall have the right and authority to employ necessary personnel to carry out the provisions of the Funeral Services Licensing Act. The expenses of the Board shall at no time exceed the monies available to the Fund of the Oklahoma Funeral Board.
Added by Laws, 1941, p. 241, § 19, emerg. eff. May 20, 1941. Amended by Laws 1945, p.195, § 8, emerg. eff. April 28, 1945; Laws 1961, p. 456, § 6, emerg. eff. July 11, 1961; Laws 1970, c. 311, § 5, emerg. eff. April 27, 1970; Laws 1978, c. 96, § 3, emerg. eff. March 29, 1978; Laws 1985, c. 178, § 32, operative July 1, 1985; Laws 1999, c. 64, § 15, eff. July 1, 1999; Laws 2003, c. 57, § 19, emerg. eff. April 10, 2003. Renumbered from § 396.18 of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.1C. Executive director of Board - Powers and duties - Collection and disposition of funds.
The executive director of the Board shall keep and preserve all records of the Board, issue all necessary notices to the embalmers, funeral directors and apprentices of the state, and perform such other duties as may be imposed upon the executive director by the Board. The executive director is hereby authorized and empowered to collect, in the name and on behalf of the Board, the fees prescribed in the Funeral Services Licensing Act, and all fees so collected shall at the end of each month be deposited by the executive director with the State Treasurer. The State Treasurer shall place ten percent (10%) of the money so received in the general fund of the state, and the balance in a special fund to be known as the "Fund of the Oklahoma Funeral Board". Payment from the fund shall be upon warrants drawn by the State Treasurer against claims submitted by the Board to the Director of State Finance for audit and payment. All monies so received by the fund may be used by the Board in carrying out the provisions of the Funeral Services Licensing Act.
Added by Laws 1941, p. 240, § 15, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 194, § 6, emerg. eff. April 28, 1945; Laws 1970, c. 311, § 4, emerg. eff. April 27, 1970; Laws 1979, c. 47, § 37, emerg. eff. April 9, 1979; Laws 1999, c. 64, § 14, eff. July 1, 1999; Laws 2003, c. 57, § 17, emerg. eff. April 10, 2003. Renumbered from § 396.14 of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.2. Definitions.
As used in the Funeral Services Licensing Act:
1. "Embalmer" means a person who disinfects or preserves dead human remains, entire or in part, by the use of chemical substances, fluids or gases in the remains, or by the introduction of same into the remains by vascular or hypodermic injection, or by direct application into organs or cavities;
2. "Funeral director" means a person who:
a. is engaged in or conducts or represents themselves as being engaged in preparing for the burial or disposal and directing and supervising the burial or disposal of dead human remains,
b. is engaged in or conducts or represents themselves as being engaged in maintaining a funeral establishment for the preparation and the disposition, or for the care of dead human remains,
c. uses, in connection with the name of the person or funeral establishment, the words "funeral director" or "undertaker" or "mortician" or any other title implying that the person is engaged as a funeral director,
d. sells funeral service merchandise to the public, or
e. is responsible for the legal and ethical operation of a crematory;
3. "Funeral establishment" means a place of business used in the care and preparation for burial, commercial embalming, or transportation of dead human remains, or any place where any person or persons shall hold forth and be engaged in the profession of undertaking or funeral directing;
4. "Apprentice" means a person who is engaged in learning the practice of embalming or the practice of funeral directing, as the case may be, under the instruction and personal supervision of a duly licensed embalmer or a duly licensed funeral director of and in the State of Oklahoma, pursuant to the provisions of the Funeral Services Licensing Act, and who is duly registered as such with said Board;
5. "Board" means the Oklahoma Funeral Board;
6. "Directing a funeral" or "funeral directing" means directing funeral services from the time of the first call until final disposition or release to a common carrier or release to next of kin of the deceased or the designee of the next of kin;
7. "First call" means the beginning of the relationship and duty of the funeral director to take charge of dead human remains and have such remains prepared by embalming, cremation, or otherwise, for burial or disposition, provided all laws pertaining to public health in this state are complied with. First call does not include calls made by ambulance, when the person dispatching the ambulance does not know whether or not dead human remains are to be picked up;
8. "Personal supervision" means the physical presence of a licensed funeral director or embalmer at the specified time and place of the providing of acts of funeral service;
9. "Commercial embalming establishment" means a fixed place of business consisting of an equipped preparation room, and other rooms as necessary, for the specified purpose of performing preparation and shipping services of dead human remains to funeral establishments inside and outside this state;
10. "Funeral service merchandise or funeral services" means those products and services normally provided by funeral establishments and required to be listed on the General Price List of the Federal Trade Commission, 15 U.S.C., Section 57a(a), including, but not limited to, the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches or outer enclosures;
11. "Outer enclosure" means a grave liner, grave box, or grave vault;
12. "Funeral director in charge" means an individual licensed as a funeral director designated by a funeral service establishment, commercial embalming establishment, or crematory who is responsible for the legal and ethical operation of the establishment and is accountable to the Board;
13. "Authorizing agent" means a person legally entitled to order the cremation or final disposition of particular human remains pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma Statutes; and
14. "Cremation" means the technical process, using heat and flame, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation shall include, but not be limited to, the processing and pulverization of the bone fragments.
Added by Laws 1941, p. 625, § 3, emerg. eff. May 20, 1941. Amended by Laws 1963, c. 117, § 2, emerg. eff. May 31, 1963; Laws 1989, c. 297, § 2, eff. Nov. 1, 1989; Laws 1999, c. 64, § 2, eff. July 1, 1999; Laws 2003, c. 57, § 3, emerg. eff. April 10, 2003.
§59-396.2a. Board - Additional powers and duties.
In addition to any other powers and duties imposed by law, the Oklahoma Funeral Board shall have the power and duty to:
1. Prescribe and promulgate rules necessary to effectuate the provisions of the Funeral Services Licensing Act, and to make orders as it may deem necessary or expedient in the performance of its duties;
2. Prepare, conduct and grade examinations, written or oral, of persons who apply for the issuance of licenses to them;
3. Determine the satisfactory passing score on such examinations and issue licenses to persons who pass the examinations or are otherwise entitled to licensure;
4. Determine eligibility for licenses and certificates of apprenticeship;
5. Issue licenses for funeral directors, embalmers, funeral establishments, commercial embalming establishments, and crematories;
6. Issue certificates of apprenticeship;
7. Upon good cause shown, as hereinafter provided, deny the issuance of a license or certificate of apprenticeship or suspend, revoke or refuse to renew licenses or certificates of apprenticeship, and upon proper showing, to reinstate them;
8. Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew;
9. Establish and levy administrative penalties against any person or entity who violates any of the provisions of the Funeral Services Licensing Act or any rule promulgated pursuant thereto;
10. Obtain an office, secure facilities and employ, direct, discharge and define the duties and set the salaries of office personnel as deemed necessary by the Board;
11. Initiate disciplinary, prosecution and injunctive proceedings against any person or entity who violates any of the provisions of the Funeral Services Licensing Act or any rule promulgated pursuant thereto;
12. Investigate alleged violations of the Funeral Services Licensing Act or of the rules, orders or final orders of the Board;
13. Promulgate rules of conduct governing the practice of licensed funeral directors, embalmers, funeral establishments, and commercial embalming establishments and sale of funeral service merchandise;
14. Keep accurate and complete records of its proceedings and certify the same as may be appropriate;
15. Request prosecution by the district attorney or the Attorney General of this state of any person or any violation of the Funeral Services Licensing Act;
16. When it deems appropriate, confer with the Attorney General of this state or the assistants of the Attorney General in connection with all legal matters and questions;
17. Take such other action as may be reasonably necessary or appropriate to effectuate the Funeral Services Licensing Act;
18. Promulgate rules, issue licenses, and regulate crematories pursuant to the Funeral Services Licensing Act;
19. Issue temporary licenses to a funeral establishment when its facilities are destroyed or damaged in order that the funeral establishment can continue to operate. During the effective period of the temporary license, the Board may waive certain licensing requirements if the funeral establishment is making a good faith effort to rebuild or restore its operations in order to meet all licensing requirements; and
20. Promulgate rules for continuing education for licensees pursuant to Section 8 of this act.
Added by Laws 1989, c. 297, § 3, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 3, eff. July 1, 1999; Laws 2003, c. 57, § 4, emerg. eff. April 10, 2003.
§59-396.3. Qualifications and examination of funeral directors and embalmers - Approved schools.
A. The Oklahoma Funeral Board shall determine the qualifications necessary to enable any person to practice as a funeral director or embalmer, and prescribe the requirements for a funeral establishment or commercial embalming establishment. The Board shall examine all applicants for licenses to practice as a funeral director or embalmer. The Board shall issue the proper licenses to applicants who successfully pass such examination and qualify pursuant to any additional requirements the Board may prescribe.
B. The minimum requirements for a license to practice funeral directing or embalming, or both, are as follows:
An applicant for a license to practice embalming shall be at least twenty (20) years of age, a legal resident of this state, a citizen or permanent resident of the United States, and of good moral character. In addition, an applicant shall have at least sixty (60) semester hours of study earned, measured in quarter or clock hours, from a regionally accredited college or university, shall be a graduate of a program of mortuary science accredited by the American Board of Funeral Service Education, and have served one (1) year as a registered apprentice. The applicant may serve as a registered apprentice prior to enrollment in an approved school of mortuary science, or subsequent to graduation from said school.
Curriculum of study for an embalmer and/or funeral director is a program of mortuary science which shall be that prescribed by the American Board of Funeral Service Education.
C. The Board shall issue the appropriate license to any qualified applicant whose application has been approved by the Board, and who has paid the fees required by Section 396.4 of this title, has passed the required examination with a general average of not less than seventyfive percent (75%) and has demonstrated to the Board proficiency as an embalmer or funeral director.
D. The Board shall maintain for public inspection a list of all accredited schools of embalming and mortuary science.
Added by Laws 1941, p. 236, § 4, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 192, § 1, emerg. eff. April 28, 1945; Laws 1961, p. 453, § 1, emerg. eff. July 11, 1961; Laws 1963, c. 117, § 3, emerg. eff. May 31, 1963; Laws 1970, c. 311, § 1, emerg. eff. April 27, 1970; Laws 1983, c. 163, § 1; Laws 1989, c. 297, § 4, eff. Nov. 1, 1989; Laws 1999, c. 64, § 4, eff. July 1, 1999; Laws 2003, c. 57, § 5, emerg. eff. April 10, 2003.
§59-396.3a. Persons and businesses required to be licensed.
The following persons, professions and businesses shall be required to be licensed pursuant to the Funeral Services Licensing Act:
1. Any person engaged or who may engage in:
a. the practice or profession of funeral directing or embalming,
- maintaining the business of a funeral establishment or commercial embalming establishment,
- the sale of any funeral service merchandise, or
- providing funeral services; and
2. Any funeral establishment or commercial embalming establishment.
Added by Laws 1989, c. 297, § 5, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 5, eff. July 1, 1999.
§59396.4. Fees.
A. Until the Oklahoma Funeral Board sets fees pursuant to subsection B of this section, the following shall be the fees charged for the licenses, registrations, and examinations required by the Funeral Services Licensing Act:
Funeral Director License or Renewal $75.00
Embalmer License or Renewal $75.00
Registration for Funeral Director/Embalmer Apprentice $150.00
Extension of Funeral Director/Embalmer Apprentice $150.00
Embalmer Examination $100.00
Funeral Director Examination $100.00
State Law Examination $100.00
Funeral Establishment License or Renewal $250.00
Commercial Embalming Establishment License or Renewal $250.00
Reciprocal License for Funeral Director or Embalmer $150.00
Change of Funeral Director in Charge $150.00
Crematory License $250.00
B. The Oklahoma Funeral Board shall set the fees by rule for those activities listed in subsection A of this section.
C. Fees for funeral director, embalmer, and state law examinations shall be paid prior to the scheduled examination. An examination fee shall not be refundable.
D. The Oklahoma Funeral Board is authorized to determine and fix special administrative service fees. Each such fee shall not be in excess of Two Hundred Dollars ($200.00).
E. If any renewal fee required by this section is not paid on or before December 31 of each year, the amount of the fee shall be doubled and if the fee is not paid on or before April 30 of the subsequent year, the licensee shall be in default and the license shall terminate automatically.
F. All examinations of the Oklahoma Funeral Board shall be exempt from the Oklahoma Open Records Act in order to maintain the integrity of the examination process. Copies of completed examinations shall only be released upon receipt of a court order from a court of competent jurisdiction.
Added by Laws 1941, p. 236, § 5, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 193, § 2, emerg. eff. April 28, 1945; Laws 1961, p. 455, § 2, emerg. eff. July 11, 1961; Laws 1970, c. 311, § 2, emerg. eff. April 27, 1970; Laws 1978, c. 96, § 2, emerg. eff. March 29, 1978; Laws 1983, c. 163, § 2; Laws 1989, c. 297, § 6, eff. Nov. 1, 1989; Laws 1990, c. 195, § 2, emerg. eff. May 10, 1990; Laws 1999, c. 64, § 6, eff. July 1, 1999; Laws 2003, c. 57, § 6, emerg. eff. April 10, 2003.
§59396.5. Expiration of license Renewal.
All licenses issued by the Board shall expire on the 31st day of December of each year. The Board shall issue a renewal for such license without further examination upon the payment of a renewal fee as required by Section 396.4 of this title. A funeral director or embalmer who fails to apply for a renewal license for a period of three (3) years or more, shall be reinstated by taking a written and oral examination, as required by the Board, and by paying a fee of Twentyfive Dollars ($25.00) and the current years' dues.
Added by Laws 1941, p. 237, § 6, emerg. eff. May 20, 1941. Amended by Laws 1965, c. 374, § 1, emerg. eff. June 28, 1965; Laws 1983, c. 163, § 3.
§59396.5a. Inactive military service list Not subject to renewal fees Reinstatement on discharge.
All funeral directors and/or embalmers regularly licensed in this state, who are or become members of the armed forces of the United States, shall upon proper notification to the executive director of the Oklahoma Funeral Board be placed upon the inactive military service list to be kept by the executive director and shall not be subject to the payment of renewal fees upon their licenses as funeral directors and/or embalmers until they have been discharged from the military service of the United States and desire to practice their profession in this state. Upon the discharge of licensees from military service, they shall be reinstated as active funeral directors and/or embalmers upon the payment of the then current year's license fee.
Added by Laws 1943, p. 134, § 1, emerg. eff. April 12, 1943. Amended by Laws 2003, c. 57, § 7, emerg. eff. April 10, 2003.
§59-396.5b. Continuing education courses.
A. Beginning July 1, 2006, as a condition of renewal or reactivation of a license, each licensee shall submit to the Oklahoma Funeral Board evidence of the completion of clock hours of continuing education courses approved by the Board within the twelve (12) months immediately preceding the term for which the license is issued. The number of hours, or its equivalent, required for each licensed term shall be determined by the Board and promulgated by rule. Each licensee shall be required to complete and include as part of the continuing education provision a certain number of required subjects as provided by rule.
B. The continuing education courses required by this section shall be satisfied by courses approved by the Board or the Academy of Professional Funeral Service Practice.
C. The Board shall maintain a listing of courses approved by the Board.
D. The Board shall not issue an active renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.
E. The provisions of this section shall not apply:
1. During the period a licensee is on inactive status;
2. To a nonresident licensee licensed in this state if the licensee is not engaged in funeral service or embalming practice in Oklahoma; and
3. To classes of licensees exempted by rules of the Board.
Added by Laws 2003, c. 57, § 8, emerg. eff. April 10, 2003.
§59-396.6. License required - Employment of licensed embalmer - Display of license or certificate.
A. No person shall operate a funeral establishment, commercial embalming establishment, or crematory, engage in the sale of any funeral service merchandise to the public, provide funeral services, carry on the business or profession of embalming or funeral directing or perform any of the functions, duties, or powers prescribed for funeral directors or embalmers pursuant to the provisions of the Funeral Services Licensing Act unless the person has obtained the license specified by rules promulgated pursuant to the Funeral Services Licensing Act and has otherwise complied with the provisions of the Funeral Services Licensing Act. The license shall be nontransferable and nonnegotiable.
B. A license shall not be issued to any person for the operation of a funeral or embalming establishment which does not employ an embalmer licensed pursuant to the provisions of Section 396.3 of this title. An individual who supervises a funeral or embalming establishment shall be licensed pursuant to the provisions of Section 396.3 of this title.
C. The holder of any license or certificate issued pursuant to the Funeral Services Licensing Act, or any rules promulgated pursuant thereto, shall have the license or certificate displayed conspicuously in the place of business of the holder.
Added by Laws 1941, p. 237, § 7, emerg. eff. May 20, 1941. Amended by Laws 1983, c. 163, § 4; Laws 1989, c. 297, § 7, eff. Nov. 1, 1989; Laws 1999, c. 64, § 7, eff. July 1, 1999; Laws 2003, c. 57, § 9, emerg. eff. April 10, 2003.
§59-396.7. Repealed by Laws 1961, p. 457, § 1.
§59-396.8. Reciprocity.
A. The Board shall have the power to issue reciprocal licenses to applicants licensed in other states which have equal or like educational requirements as required by this state or the Board.
B. A license as an embalmer or funeral director shall be issued without examination to an out-of-state resident intending to become a resident of this state, who submits to the Board satisfactory evidence that said applicant has met all the requirements of the Funeral Services Licensing Act and pays the fees required by Section 396.4 of this title.
C. The Board may issue an appropriate license without further apprenticeship to a resident of a state which does not have the same educational requirements necessary for reciprocity with this state, if said applicant:
1. Has a current license to practice as an embalmer or funeral director in the state of residence of the person;
2. Has been an active embalmer or funeral director practicing in the state of residence of the person for at least five (5) years;
3. Has never been convicted of a felony and has never been convicted of a misdemeanor related to funeral service;
4. Has never had said license revoked or suspended;
5. Is not currently facing disciplinary action;
6. Intends to practice in this state;
7. Has filed such documents as are required by the Board;
8. Has paid the fees as required by Section 396.4 of this title;
9. Is a citizen or permanent resident of the United States;
10. Is a graduate of an accredited program of mortuary science;
11. Has passed the National Board Examination or State Board Examination; and
12. Has passed the Oklahoma State Law Examination.
Added by Laws 1941, p. 237, § 9, emerg. eff. May 20, 1941. Amended by Laws 1943, p. 133, § 1, emerg. eff. March 5, 1943; Laws 1945, p. 193, § 3, emerg. eff. April 28, 1945; Laws 1983, c. 163, § 5; Laws 1999, c. 64, § 8, eff. July 1, 1999.
§59-396.8a. Repealed by Laws 1945, p. 193, § 4.
§59-396.9. Repealed by Laws 1983, p. 163, § 7 and Laws 1983, c. 245, § 5, operative Sept. 1, 1983.
§59396.10. Application Rules of Board Publication of changes in rules.
Any person desiring to engage in the profession or business of embalming or funeral directing or both, as defined herein, shall make application, be required to show all preliminary requisites, comply with the rules of the Board, and take all examinations as shall be deemed necessary by the Board in its rules. The Board shall publish in its rules the subject to be covered in the examination and the standards to be attained thereon. Changes in the rules shall be published pursuant to the Administrative Procedures Act.
Added by Laws 1941, p. 238, § 11, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, § 10, emerg. eff. April 10, 2003.
§59-396.11. Apprenticeship - Application - Certificate - Rules.
A. The term for an apprenticeship in embalming and the term for an apprenticeship in funeral directing may be served concurrently. Applications for an apprenticeship in funeral directing or embalming shall be made to the Board in writing on a form and in a manner prescribed by the Board. The Board shall issue a certificate of apprenticeship to any person applying for said certificate who submits to the Board satisfactory evidence that said person is seventeen (17) years of age or older, of good moral character, and a graduate of an accredited high school or has earned a G.E.D. credential. The application shall be accompanied by a registration fee as required by Section 396.4 of this title.
B. The Board shall prescribe and enforce such rules as necessary to qualify apprentice applicants as embalmers or funeral directors. A license to practice embalming or funeral directing shall not be issued until said applicant has complied with the rules of the Board, and said applicant has embalmed at least twentyfive dead human bodies for burial or shipment during apprenticeship.
C. The certificate of apprenticeship shall expire one (1) year from the date of issuance but may be renewed by the Board for four additional one-year periods.
Added by Laws 1941, p. 238, § 12, emerg. eff. May 20, 1941. Amended by Laws 1961, p. 455, § 4, emerg. eff. July 11, 1961; Laws 1983, c. 163, § 6; Laws 1999, c. 64, § 9, eff. July 1, 1999; Laws 2002, c. 161, § 1, eff. Nov. 1, 2002; Laws 2003, c. 57, § 11, emerg. eff. April 10, 2003.
§59-396.12. Funeral establishment required to be licensed - Display of license - Inspection of premises - Sanitary rules - Commercial embalming establishments.
A. Any place where a person shall hold forth by word or act that the person is engaged in the profession of undertaking or funeral directing shall be deemed as a funeral establishment and shall be licensed as such pursuant to the provisions of the Funeral Services Licensing Act.
B. A funeral establishment shall not do business in a location that is not licensed as a funeral establishment, shall not advertise a service that is available from an unlicensed location, and shall advertise itself by the name that the establishment is licensed as pursuant to the Funeral Services Licensing Act.
C. Every funeral establishment, commercial embalming establishment, and crematory shall be operated by a funeral director in charge. Each establishment license shall be conspicuously displayed at the location.
D. The Oklahoma Funeral Board shall have the power to inspect the premises in which funeral directing is conducted or where embalming or cremation is practiced or where an applicant proposed to practice, and the Board is hereby empowered to prescribe and endorse rules for reasonable sanitation of such establishments, including necessary drainage, ventilation, and necessary and suitable instruments for the business or profession of embalming and funeral directing.
E. Any place where a person shall hold forth by word or act that such person is engaged in preparing and shipping of dead human remains to funeral establishments inside and outside this state shall be deemed a commercial embalming establishment and shall be licensed as such pursuant to the provisions of the Funeral Services Licensing Act.
Added by Laws 1941, p. 238, § 13, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 193, § 5, emerg. eff. April 28, 1945; Laws 1961, p. 455, § 5, emerg. eff. July 11, 1961; Laws 1970, c. 311, § 3, emerg. eff. April 27, 1970; Laws 1989, c. 297, § 8, eff. Nov. 1, 1989; Laws 1999, c. 64, § 10, eff. July 1, 1999; Laws 2003, c. 57, § 12, emerg. eff. April 10, 2003.
§59-396.12a. Embalming to be performed by licensed embalmer or apprentice - Holding out as funeral director, embalmer, etc. without license prohibited.
A. No person shall place any chemical substance, fluid or gas on or in dead human remains who is not a licensed embalmer. This prohibition shall not apply to a registered apprentice, working under the supervision of a licensed embalmer and shall not apply to medical students or their teachers in statemaintained medical schools in this state.
B. No person shall act or represent themselves as a funeral director, embalmer, apprentice, provide funeral services or merchandise or operate a funeral establishment or a commercial embalming establishment without a current license or registration issued pursuant to the Funeral Services Licensing Act.
Added by Laws 1989, c. 297, § 9, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 11, eff. July 1, 1999.
§59396.12b. Conducting funeral, persons authorized Embalming, persons authorized Transfer or removal of remains.
A. Each funeral conducted within this state shall be under the personal supervision of a duly licensed funeral director who holds a valid license from the Oklahoma Funeral Board. A registered apprentice may assist in conducting funerals. To conduct a funeral shall require the personal supervision of a licensed funeral director from the time of the first call until interment is completed. A funeral director conducting a funeral in this state shall ensure that the casket or other container holding the deceased human remains shall not incur any damage other than that which is normally incurred in the burial or final disposition of human remains.
B. The embalming of dead human remains shall require the presence and the direct supervision of a duly licensed embalmer, however, a licensed registered apprentice embalmer may perform the embalming of a dead human provided said registered apprentice embalmer is under the direct supervision of a duly licensed embalmer.
C. Nothing in this section regarding the conduct of funerals or personal supervision of a licensed director, a registered apprentice embalmer, or licensed embalmer, shall apply to persons related to the deceased by blood or marriage. Further, nothing in this section shall apply or in any manner interfere with the duties of any state officer or any employee of a local state institution.
D. Dead human remains shall be picked up on first call only under the direction and personal supervision of a licensed funeral director or embalmer. Dead human remains may be transferred from one funeral home to another funeral home and from a funeral home to and from a morgue where an autopsy is to be performed without a licensed funeral director personally making the transfer. In circumstances in which there is no reasonable probability that unlicensed personnel will encounter family members or other persons with whom funeral arrangements are normally made by licensed funeral directors or embalmers, dead human remains may be picked up or transferred without the personal supervision of a funeral director or embalmer. Dead human remains may be picked up or transferred by a currently registered apprentice without the personal supervision of a funeral director or embalmer, provided however, any inadvertent contact with family members or other persons shall be restricted to the currently registered apprentice identifying the employer to the person, arranging an appointment with the employer for any person who indicates a desire to make funeral arrangements for the deceased and making any disclosure to the person that is required by any federal or state regulation. A funeral director or embalmer who directs the removal or transfer of dead human remains without providing personal supervision shall be held strictly accountable for compliance with the requirements of, and exceptions to, first call as provided by the Funeral Services Licensing Act.
Added by Laws 1989, c. 297, § 10, eff. Nov. 1, 1989. Amended by Laws 2003, c. 57, § 13, emerg. eff. April 10, 2003.
§59-396.12c. Refusal to issue or renew, revocation or suspension of license - Grounds.
After notice and hearing pursuant to Article II of the Administrative Procedures Act, the Oklahoma Funeral Board may refuse to issue or renew, or may revoke or suspend, any license or registration for any one or combination of the following:
1. Conviction of a felony shown by a certified copy of the record of the court of conviction;
2. Conviction of a misdemeanor involving funeral services;
3. Gross malpractice or gross incompetency, which shall be determined by the Board;
4. False or misleading advertising as a funeral director or embalmer;
5. Violation of any of the provisions of the Funeral Services Licensing Act or any violation of Sections 201 through 231 of Title 8 of the Oklahoma Statutes;
6. Fraud or misrepresentation in obtaining a license;
7. Using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the burial or other disposition of dead human remains, unless the disclosure is made to the purchaser;
8. Violation of any rules of the Board in administering the purposes of the Funeral Services Licensing Act;
9. Use of intoxicating liquor sufficient to produce drunkenness in public, or habitual addiction to the use of habit-forming drugs or either;
10. Solicitation of business, either personally or by an agent, from a dying individual or the relatives of a dead or individual with a terminal condition, as defined by the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act, other than through general advertising;
11. Refusing to properly release a dead human body to the custody of the person entitled to custody;
12. Violating applicable state laws relating to the failure to file a death certificate, cremation permit, or prearrangement or prefinancing of a funeral;
13. Failing to obtain other necessary permits as required by law in a timely manner;
14. Failing to comply with the Funeral Rules of the Federal Trade Commission, 15 U.S.C., Section 57a(a);
15. Failing to comply with any applicable provisions of the Funeral Services Licensing Act at the time of issuance or renewal;
16. Improper issuance or renewal of a license or registration;
17. Violating the provisions of subsection B of Section 396.12 of this title regarding advertisement of services at locations not licensed by the Board;
18. The abuse of a corpse whereby a person knowingly and willfully signs a certificate as having embalmed, cremated, or prepared a dead human body for disposition when, in fact, the services were not performed as indicated;
19. Simultaneous cremating of more than one human dead body without express written approval of the authorizing agent; or
20. Cremating human remains without the permit required by Section 1-329.1 of Title 63 of the Oklahoma Statutes.
Added by Laws 1989, c. 297, § 11, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 12, eff. July 1, 1999; Laws 2003, c. 57, § 14, emerg. eff. April 10, 2003.
§59396.12d. Violations Penalties Liabilities.
Any person who violates any of the provisions of the Funeral Services Licensing Act or rule or regulation promulgated or order issued pursuant thereto, after notice and hearing pursuant to Article II of the Administrative Procedures Act, shall be subject to any of the following penalties and liabilities authorized by the Funeral Services Licensing Act:
1. License or certificate of apprenticeship revocation, denial, suspension or nonrenewal;
2. Administrative fines;
3. Injunctive proceedings; and
4. Other disciplinary action.
Further, such person shall be subject to criminal penalties pursuant to the provisions of Section 396.24 of Title 59 of the Oklahoma Statutes.
Added by Laws 1989, c. 297, § 12, eff. Nov. 1, 1989.
§59-396.12e. Administrative penalty and costs - Surrender of license in lieu of penalty.
A. Any person or entity who has been determined by the Oklahoma Funeral Board to have violated any provision of the Funeral Services Licensing Act or any rule or order issued pursuant thereto may be liable for an administrative penalty. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.
B. The Board shall be authorized, at its discretion, to take action as the nature of the violation requires. The Board shall have the authority to impose on the licensee, or certificate holder, as a condition of any adverse disciplinary action, the payment of costs expended by the Board in investigating and prosecuting the violation. The costs may include but are not limited to staff time, salary and travel expenses, witness fees and attorney fees, and shall be considered part of the order of the Board.
C. The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances and gravity of the violation and, with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business and any show of good faith in attempting to achieve compliance with the provisions of the Funeral Services Licensing Act. The Board shall make a report of any action to any entity deemed appropriate for transmittal of the public record but shall in no cause be held liable for the content of the reported action or be made a party to any civil liability action taken as a result of the discipline imposed by the Board. All monies collected from the administrative penalties shall be deposited with the State Treasurer and by the State Treasurer placed in the "Fund of the Oklahoma Funeral Board", created pursuant to Section 17 of this act.
D. Any license or certificate of apprenticeship holder may elect to surrender the license or certificate of apprenticeship of the person in lieu of said penalty but shall be forever barred from obtaining a reissuance of said license or certificate of apprenticeship.
Added by Laws 1989, c. 297, § 13, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 13, eff. July 1, 1999; Laws 2003, c. 57, § 15, emerg. eff. April 10, 2003.
§59396.12f. Complaints Investigation Hearing Emergencies Orders Appeal Service of instruments.
A. Complaints against any person for alleged violations of the Funeral Services Licensing Act or of any of the rules issued pursuant thereto shall be in writing, signed by the complainant and filed with the executive director of the Oklahoma Funeral Board. In addition to the general public, any member or employee of the Board, or the executive director of the Oklahoma Funeral Board, may sign a complaint for any violation of which the executive director has knowledge. All complaints shall name the person complained of, and shall state the time and place of the alleged violations and the facts of which the complainant has knowledge. Upon receiving a complaint, the Board shall examine the complaint, and determine whether there is a reasonable cause to believe the charges to be true.
B. If upon inspection, investigation or complaint, or whenever the Board determines that there are reasonable grounds to believe that a violation of the Funeral Services Licensing Act or of any rule promulgated pursuant thereto has occurred, the Board shall give written notice to the alleged violator specifying the cause of complaint. The notice shall require that the matters complained of be corrected immediately or that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges. The notice shall be delivered to the alleged violator in accordance with the provisions of subsection E of this section.
C. The Board shall afford the alleged violator an opportunity for a fair hearing in accordance with the provisions of subsection F of this section not less than fifteen (15) days after receipt of the notice provided for in subsection B of this section. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of the order to the alleged violator and to any other persons who appeared at the hearing and made written request for notice of the order. If the hearing is held before a hearing officer as provided for in subsection F of this section, the hearing officer shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board which shall thereupon enter its order. The Board may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented. The order of the Board shall become final and binding on all parties unless appealed to the district court pursuant to Article II of the Administrative Procedures Act, within thirty (30) days after notice has been sent to the parties.
D. Whenever the Board finds that as a result of a violation of the Funeral Services Licensing Act or any rule promulgated thereto an emergency exists requiring immediate action to protect the public health or welfare, the Board may without notice or hearing issue an order stating the existence of an emergency and requiring that action be taken as it deems necessary to meet the emergency. The order shall be effective immediately. Any person to whom an order is directed shall comply with the order immediately but on application to the Board shall be afforded a hearing within ten (10) days of receipt of the notice. On the basis of a hearing, the Board shall continue the order in effect, revoke it or modify it. Any person aggrieved by an order continued after the hearing provided for in this subsection may appeal to the district court of the county in which the person resides, or in which the business of the person is located, within thirty (30) days of the Board's action. The appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.
E. Except as otherwise expressly provided by law, any notice, order or other instrument issued by or pursuant to authority of the Board may be served on any person affected thereby personally, by publication or by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at his lastknown post office address as shown by the files or records of the Board. Proof of service shall be made as in the case of service of a summons or by publication in a civil action or may be made by the affidavit of the person who did the mailing. Proof of service shall be filed in the office of the Board.
Every certificate or affidavit of service made and filed as provided for in this subsection shall be prima facie evidence of the facts therein stated. A certified copy thereof shall have like force and effect.
F. The hearings authorized by this section may be conducted by the Board. The Board may designate hearing officers who shall have the power and authority to conduct hearings in the name of the Board at any time and place. The hearings shall be conducted in conformity with and records made thereof pursuant to Article II of the Administrative Procedures Act.
G. All records on complaints filed against any licensee pursuant to the Funeral Services Licensing Act shall be exempt from the Oklahoma Open Records Act unless the Board gave written notice of the complaint pursuant to subsection B of this section.
Added by Laws 1989, c. 297, § 14, eff. Nov. 1, 1989. Amended by Laws 2003, c. 57, § 16, emerg. eff. April 10, 2003.
§59-396.13. Repealed by Laws 1989, p. 297, § 36, eff. Nov. 1, 1989.
§59-396.14. Renumbered as § 396.1C of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.15. Repealed by Laws 2003, c. 57, § 30, emerg. eff. April 10, 2003.
§59396.16. Records of Board Contents Public inspection.
The Board shall keep a record of its proceedings, and its acts relating to the issuance, refusal, renewal, suspensions and revocation of licenses. This record shall contain the name, place of business, and residence of each registered embalmer and funeral director and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection.
Added by Laws 1941, p. 241, § 17, emerg. eff. May 20, 1941.
§59396.17. Board Officers Rules.
The Oklahoma Funeral Board shall have the power to select from its own members a president and a vice-president and to make, adopt, promulgate and enforce reasonable rules for the:
1. Transaction of its business;
2. Sanitary management of funeral homes;
3. Work of embalmers and apprentices;
4. Management of the Board's affairs;
5. Betterment and promotion of the educational standards of the profession of embalming and the standards of service and practice to be followed in the profession of embalming and funeral directing in this state; and
6. Carrying into effect of any of the provisions of the Funeral Services Licensing Act, as the Board may deem expedient, just and reasonable and consistent with the laws of this state.
Added by Laws 1941, p. 241, § 18, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 195, § 7, emerg. eff. April 28, 1945; Laws 1989, c. 297, § 15, eff. Nov. 1, 1989; Laws 2003, c. 57, § 18, emerg. eff. April 10, 2003.
§59-396.18. Renumbered as § 396.1B of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59396.19. Act inapplicable when.
Nothing in this act shall apply to or in any manner interfere with the duties of any officer of local or state institutions, nor shall this act apply to any person simply furnishing a burial receptacle for the dead and burying the dead who were related to such person by blood or marriage, but not embalming or directing funerals.
Added by Laws 1941, p. 242, § 20, emerg. eff. May 20, 1941.
§59396.20. Suspicion of crime Embalming body without permission unlawful.
It shall be unlawful to embalm a dead human body when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the Chief Medical Examiner has been first obtained.
Added by Laws 1941, p. 242, § 21, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, § 20, emerg. eff. April 10, 2003.
§59-396.21. Renumbered as § 396.1A of this title by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59396.22. Meetings of Board.
Meetings of the Board shall be held at least twice a year at such places as may be designated by the Board. Three members of the Board shall constitute a quorum.
Added by Laws 1941, p. 242, § 23, emerg. eff. May 20, 1941.
§59396.23. Schools Privileges.
Schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissection while teaching as those granted in this state to medical colleges; provided, that such bodies must be obtained through the State Board of Health.
Added by Laws 1941, p. 242, § 24, emerg. eff. May 20, 1941.
§59396.24. Violations Penalties.
Any person, firm, association or corporation who violates any of the provisions of the Funeral Services Licensing Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
Added by Laws 1941, p. 242, § 25, emerg. eff. May 20, 1941. Amended by Laws 1970, c. 311, § 6, emerg. eff. April 27, 1970; Laws 1989, c. 297, § 16, eff. Nov. 1, 1989.
§59-396.25. Repealed by Laws 2002, c. 460, § 47, eff. Nov. 1, 2002.
§59396.26. Partial invalidity.
If any section of this act shall be declared unconstitutional for any reason, the remainder of this act shall not be affected thereby.
Added by Laws 1941, p. 243, § 27, emerg. eff. May 20, 1941.
§59396.27. Risk of transmission of communicable disease Precautions.
In handling and preparing dead human remains for final disposition, any person who comes in direct contact with an unembalmed dead human body or who enters a room where dead human bodies are being embalmed shall exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body in accordance with federal regulations regarding the control of infectious diseases and occupational and workplace health and safety.
Added by Laws 1988, c. 153, § 4, eff. Jan. 1, 1989. Amended by Laws 2003, c. 57, § 22, emerg. eff. April 10, 2003.
§59-396.28. Funeral directors and embalmers from other states - Temporary permit.
In case of a catastrophe as declared by the executive director of the Board, funeral directors and embalmers from other states may be allowed to practice in this state. A temporary permit may be issued to those persons, and the permit shall allow the persons to practice for a length of time as determined by the Board.
Added by Laws 1999, c. 64, § 16, eff. July 1, 1999. Amended by Laws 2003, c. 57, § 23, emerg. eff. April 10, 2003.
§59-396.29. Cremation - Intermingling - Liability for final disposition or cremation - Identification system - Disposition of unclaimed remains.
A. The person charged by law with the duty of burying the body of a deceased person may discharge such duty by causing the body to be cremated as authorized and provided for in the following sections of this article, but the body of a deceased person shall not be disposed of by cremation, or other similar means, within the State of Oklahoma, except in a crematory duly licensed as provided for herein, and then only under a special permit for cremation issued in accordance with the provisions hereof.
B. Upon the completion of each cremation, and insofar as is practicable, all of the recoverable residue of the cremation process shall be removed from the crematory and placed in a separate container so that the residue may not be commingled with the cremated remains of other persons. Cremated remains of a dead human shall not be divided or separated without the prior written consent of the authorizing agent.
C. A funeral director or funeral establishment that has received express written authorization for final disposition or cremation from the authorizing agent shall not be liable if the final disposition or cremation is performed in accordance with the provisions of the Funeral Services Licensing Act. The funeral director or funeral establishment shall not be liable for following in a reasonable fashion the instructions of any persons who falsely represent themselves as the proper authorizing agents.
D. Absent the receipt of a court order or other suitable confirmation of resolution, a funeral director or funeral establishment shall not be liable for refusing to accept human remains for final disposition or cremation if the funeral director or other agent of the funeral establishment:
1. Is aware of any dispute concerning the final disposition or cremation of the human remains; or
2. Has a reasonable basis for questioning any of the representations made by the authorizing agent.
E. Each funeral establishment which offers or performs cremations shall maintain an identification system that ensures the ability of the funeral establishment to identify the human remains in its possession throughout all phases of the cremation process. Upon completion of the cremation process, the crematory operator shall attest to the identity of the cremated remains and the date, time, and place the cremation process occurred on a form prescribed by rule of the Oklahoma Funeral Board. The form shall accompany the human remains in all phases of transportation, cremation, and return of the cremated remains.
F. The authorizing agent is responsible for the disposition of the cremated remains. If, after sixty (60) calendar days from the date of cremation, the authorizing agent or the representative of the agent has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment in possession of the cremated remains may dispose of the cremated remains in a dignified and humane manner in accordance with any state, county, or municipal laws or provisions regarding the disposition of cremated remains. A record of this disposition shall be made and kept by the entity making the disposition. Upon the disposition of unclaimed cremated remains in accordance with this subsection, the funeral establishment and entity which disposed the cremated remains shall be discharged from any legal obligation or liability concerning the disposition of the cremated remains.
Added by Laws 1963, c. 325, art. 3, § 328, operative July 1, 1963. Amended by Laws 2003, c. 57, § 24, emerg. eff. April 10, 2003. Renumbered from § 1-328 of Title 63 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.30. Licenses - Requirements - Records and reports - Compliance with state and federal health and environmental laws - Inspections.
A. No person shall dispose of the body of any deceased person by cremation or other similar means, within this state, without first having obtained from the Oklahoma Funeral Board an annual license to operate a crematory.
B. Application for an annual license shall be made to the executive director of the Board upon forms prescribed and furnished by the executive director, shall give the location of the crematory, and any other information as the executive director shall require, and shall be accompanied by the crematory license fee pursuant to Section 396.4 of Title 59 of the Oklahoma Statutes. Annual licenses shall expire on the 31st day of December each year, shall specify the name or names of the owners of the crematory and the location thereof, the funeral director in charge, and shall not be transferable either as to the ownership of the crematory, the funeral director in charge or as to the location thereof. The first annual license issued for any crematory at any location shall not be issued by the executive director until the executive director has been satisfied:
1. That the crematory is, or will be, so constructed as to be capable of reducing the body of a deceased person to a residue which shall not weigh more than five percent (5%) of the weight of the body immediately after death; and
2. That the crematory has at least one operable crematory for cremation.
The requirement of paragraph 1 of this subsection may, but need not, be waived by the executive director for any subsequent annual license issued for the same crematory.
C. All funeral establishments performing cremations shall have a licensed funeral director in charge.
D. Each funeral establishment performing cremation services shall keep records as required by the Board to assure compliance with all laws relating to the disposition of dead human remains and shall file annually with the Board a report in the form prescribed by the Board describing the operations of the licensee, including the number of cremations performed, the disposition thereof, and any other information that the Board may require by rule.
E. A funeral establishment performing cremation services shall be subject to all local, state, and federal health and environmental requirements and shall obtain all necessary licenses and permits from the Oklahoma Funeral Board, and the appropriate federal and state health and environmental authorities.
F. Crematories licensed by the Board on the effective date of this act shall be exempt from the provisions of subsections C, D and E of this section until July 1, 2005.
G. All crematories shall be subject to inspection, at all reasonable times, by the Board or its duly authorized agents or employees.
Added by Laws 1963, c. 325, art. 3, § 331, operative July 1, 1963. Amended by Laws 2001, c. 75, § 2, eff. Nov. 1, 2001; Laws 2003, c. 57, § 25, emerg. eff. April 10, 2003. Renumbered from § 1-331 of Title 63 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.31. Rules for licensing, inspection, and regulation of crematories.
The Oklahoma State Board of Embalmers and Funeral Directors is authorized, pursuant to the Administrative Procedures Act, to adopt and promulgate rules necessary for the licensing, inspection, and regulation of crematories.
Added by Laws 2001, c. 75, § 3, eff. Nov. 1, 2001. Renumbered from § 1-331.1 of Title 63 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.32. Residue of cremated body.
The residue resulting from the cremation of the body of a deceased person may be transported in this state in any manner, without any permit therefor, and may be disposed of in any manner desired or directed by the person or persons charged by law with the duty of burying the body.
Added by Laws 1963, c. 325, art. 3, § 332, operative July 1, 1963. Renumbered from § 1-332 of Title 63 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
§59-396.33. Cremation without license and permit a felony.
Disposing of the body of a deceased person by cremation or other similar means, within the State of Oklahoma, except in a crematory duly licensed as provided for in Section 25 of this act and under a special permit for cremation issued in accordance with the provisions of Section 1-329.1 of Title 63 of the Oklahoma Statutes, is hereby declared to be a felony.
Added by Laws 1963, c. 325, art. 3, § 333, operative July 1, 1963. Amended by Laws 1997, c. 133, § 521, eff. July 1, 1999; Laws 2003, c. 57, § 26, emerg. eff. April 10, 2003. Renumbered from § 1-333 of Title 63 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 521 from July 1, 1998, to July 1, 1999.
§59475.1. Registration as engineer or land surveyor Privilege.
In order to safeguard life, health and property, and to promote the public welfare, the practice of engineering and the practice of land surveying in this state are hereby declared to be subject to regulation in the public interest. It shall be unlawful to practice or to offer to practice engineering or land surveying in this state, as defined in the provisions of Section 475.1 et seq. of this title, or to use in connection with any name or otherwise assume or advertise any title or description tending to convey the impression that any person is an engineer, professional engineer, land surveyor or professional land surveyor, unless such person has been duly licensed under the provisions of Section 475.1 et seq. of this title. The practice of engineering or land surveying shall be deemed a privilege granted by the state through the State Board of Licensure for Professional Engineers and Land Surveyors, based on the qualifications of the individual as evidenced by a certificate of licensure, which shall not be transferable.
Added by Laws 1968, c. 245, § 1, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 1; Laws 1992, c. 165, § 1, eff. July 1, 1992; Laws 2005, c. 115, § 1, eff. Nov. 1, 2005.
§59-475.2. Definitions.
As used in Section 475.1 et seq. of this title:
1. "Engineer" means a person who, by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, is qualified, after meeting the requirements of Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto, to engage in the practice of engineering;
2. "Professional engineer" means a person who has been duly licensed as a professional engineer as provided in Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto;
3. "Engineer intern" means a person who complies with the requirements for education and experience and has passed an examination in the fundamental engineering subjects, as provided in Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto;
4. "Practice of engineering" means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the engineering use of land and water, teaching of advanced engineering subjects or courses related thereto, engineering research, engineering surveys, engineering studies, and the inspection or review of construction for the purposes of assuring compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, chemical, environmental, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the design review and integration of a multidiscipline work, planning, progress and completion of any engineering services.
Design review and integration includes the design review and integration of those technical submissions prepared by others, including as appropriate and without limitation, engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer. The definition of design review and integration by engineers does not restrict the services other licensed professional disciplines are authorized to offer or perform by statute or regulation.
Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system.
A person or entity shall be construed to practice or offer to practice engineering, within the meaning and intent of Section 475.1 et seq. of this title who does any of the following: practices any branch of the profession of engineering; by verbal claim, sign, advertisement, letterhead, card or in any other way represents such person to be a professional engineer, through the use of some other title implies that any person is a professional engineer or is licensed or qualified under Section 475.1 et seq. of this title; or who represents qualifications or ability to perform or who does practice engineering;
5. "Professional land surveyor" or "land surveyor" means a person who has been duly licensed as a professional land surveyor pursuant to Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto; and is a person who, by reason of special knowledge in the technique of measuring land and use of the basic principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence and all requisite to surveying of real property, acquired by education and experience, is qualified to engage in the practice of land surveying;
6. "Land surveyor intern" means a person who complies with the requirements for education and experience, and has passed an examination in the fundamental land surveying subjects, as provided in Section 475.1 et seq. of this title and regulations issued by the Board pursuant thereto;
7. a. "Practice of land surveying" means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, methods of measurement, and the law for the determination and preservation of land boundaries. "Practice of land surveying" includes, without limitation:
(1) restoration and rehabilitation of corners and boundaries in the United States Public Land Survey System or the subdivision thereof,
(2) obtaining and evaluating evidence for the determination of land boundaries,
(3) determination of the areas and elevations of land parcels,
(4) subdivision of land parcels into smaller parcels and/or the preparation of the descriptions thereof,
(5) measuring and platting underground mine workings,
(6) preparation of the control portions of geographic information systems and land information systems,
(7) establishment, restoration, and rehabilitation of land survey monuments and bench marks,
(8) preparation of land survey plats, condominium plats, monument records, and survey reports,
(9) surveying, monumenting, and platting of easements, and rights-of-way,
(10) measuring, locating, or establishing lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes,
(11) geodetic surveying, and
(12) any other activities incidental to and necessary for the adequate performance of the services described in this paragraph.
b. A person or entity shall be construed to practice or offer to practice land surveying, within the meaning and intent of Section 475.1 et seq. of this title who does any one of the following: practices any branch of the profession of land surveying; by verbal claim, sign, advertisement, letterhead, card or in any other way represents such person to be a professional land surveyor or through the use of some other title implies that such person or entity is a professional land surveyor or that such person is registered, licensed, or qualified under Section 475.1 et seq. of this title; represents qualifications or ability to perform; or who does practice land surveying.
c. A person shall not be construed to practice or offer to practice land surveying, within the meaning and intent of Section 475.1 et seq. of this title, who merely acts as an agent of a purchaser of land surveying services. Agents of a purchaser of land surveying services include, but are not limited to, real estate agents and brokers, title companies, attorneys providing title examination services, and persons who or firms that coordinate the acquisition and use of land surveying services. The coordination of land surveying services includes, but is not limited to; sales and marketing of services, discussion of requirements of land surveys, contracting to furnish land surveys, review of land surveys, the requesting of revisions of land surveys, and making any and all modifications to surveys with the written consent of the land surveyor, and furnishing final revised copies to the land surveyor showing all revisions, the distribution of land surveys, and receiving payment for such services. These actions do not constitute the practice of land surveying, and do not violate any part of Section 475.1 through 475.22a of this title or the Bylaws and Rules of the Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors;
8. "Board" means the State Board of Licensure for Professional Engineers and Land Surveyors;
9. "Responsible charge" means direct control and personal supervision of engineering work or land surveying;
10. "Rules of professional conduct for professional engineers and land surveyors" means those rules promulgated by the Board;
11. "Firm" means any form of business entity, a private practitioner employing other licensed engineers, surveyors or licensed design professionals, or any person or entity using one or more fictitious names;
12. "Direct Control" and "personal supervision" whether used separately or together mean active and personal management of the firm's personnel and practice including personal presence in the workplace to maintain charge of, and concurrent direction over, engineering or land surveying decisions and the instruments of professional services to which the licensee affixes the seal, signature, and date; and
13. "Immediate direction" means the exercise of direct control and personal supervision over the personnel of a firm performing engineering or land surveying.
Added by Laws 1968, c. 245, § 2, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 2; Laws 1992, c. 165, § 2, eff. July 1, 1992; Laws 1999, c. 74, § 1, eff. Nov. 1, 1999; Laws 2005, c. 115, § 2, eff. Nov. 1, 2005.
§59-475.3. State Board of Licensure for Professional Engineers and Land Surveyors.
A. The State Board of Licensure for Professional Engineers and Land Surveyors is hereby re-created, to continue until July 1, 2010, in accordance with the provisions of the Oklahoma Sunset Law, whose duty it shall be to administer the provisions of Section 475.1 et seq. of this title. The Board shall consist of four professional engineers and two professional land surveyors, at least one of whom is not a professional engineer, all of whom shall be appointed by the Governor, with the advice and consent of the Senate. The Governor shall also appoint one lay member. The engineers and land surveyors shall be appointed by the Governor preferably from a list of nominees submitted by the respective professional engineering or land surveying societies of this state, and shall have the qualifications required by Section 475.4 of this title.
B. Each member of the Board shall file with the Secretary of State a written oath or affirmation for the faithful discharge of official duties.
C. Appointments to the Board shall be in such manner and for such period of time so that no two terms, with the exception of the lay member, shall expire in the same year. On the expiration of the term of any member, except the lay member, the Governor shall in the manner herein provided appoint for a term of six (6) years a professional engineer or professional land surveyor having the qualifications required in Section 475.4 of this title. The lay member of the Board shall be appointed by the Governor to a term coterminous with that of the Governor. The lay member shall serve at the pleasure of the Governor. Provided, the lay member may continue to serve after the expiration of the member's term until such time as a successor is appointed. Members may be reappointed to succeed themselves. Each member may hold office until the expiration of the term for which appointed or until a successor has been duly appointed and has qualified. In the event of a vacancy on the Board due to resignation, death or for any cause resulting in an unexpired term, if not filled within three (3) months, the Board may appoint a provisional member to serve in the interim until the Governor acts.
Added by Laws 1968, c. 245, § 3, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 287, § 1, eff. July 1, 1980; Laws 1982, c. 297, § 3; Laws 1986, c. 31, § 1, eff. July 1, 1986; Laws 1992, c. 4, § 1; Laws 1992, c. 165, § 3, eff. July 1, 1992; Laws 1998, c. 37, § 1; Laws 2004, c. 26, § 1; Laws 2005, c. 115, § 3, eff. Nov. 1, 2005.
§59475.4. Qualifications of Board members.
Each engineer member of the Board shall be a citizen of the United States and resident of this state. The member shall have been engaged in the lawful practice of engineering for at least ten (10) years. The member shall have been in responsible charge of engineering projects for at least five (5) years and shall be a licensed professional engineer in this state. Each land surveyor member of the Board shall be a citizen of the United States and a resident of this state. The member shall have been engaged in the lawful practice of land surveying as a land surveyor for at least ten (10) years. The member shall have been in responsible charge of land surveying projects for at least five (5) years and shall be a licensed professional land surveyor in this state.
Added by Laws 1968, c. 245, § 4, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 287, § 2, eff. July 1, 1980; Laws 1982, c. 297, § 4; Laws 1992, c. 165, § 4, eff. July 1, 1992; Laws 2005, c. 115, § 4, eff. Nov. 1, 2005.
§59475.6. Removal of Board members Vacancies.
The Governor may remove any member of the Board for misconduct, incompetence, neglect of duty or any sufficient cause, in the manner prescribed by law for removal of state officials. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the Governor as provided in Section 475.3 of this title.
Added by Laws 1968, c. 245, § 6, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 6; Laws 2005, c. 115, § 5, eff. Nov. 1, 2005.
§59475.7. Meetings Officers Quorum.
The Board shall hold at least four regular meetings each year. Special meetings may be held as the bylaws of the Board provide. The Board shall elect or appoint annually the following officers: Chair, Vice Chair, and Secretary. A quorum of the Board shall consist of a majority of the full Board that includes at least one professional land surveyor member.
Added by Laws 1968, c. 245, § 7, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 7; Laws 1992, c. 165, § 5, eff. July 1, 1992; Laws 2005, c. 115, § 6, eff. Nov. 1, 2005.
§59475.8. Powers and authority of Board.
A. The Board shall have the power to adopt and amend all bylaws and rules of procedure, not inconsistent with the Constitution and laws of this state or Section 475.1 et seq. of this title, including the adoption and promulgation of Rules of Professional Conduct for Professional Engineers and Land Surveyors, which may be reasonably necessary for the proper performance of its duties and the regulation of its proceedings, meetings, records, examinations and the conduct thereof. These actions by the Board shall be binding upon persons licensed under Section 475.1 et seq. of this title and shall be applicable to firms holding a certificate of authorization. The Board shall adopt and have an official seal, which shall be affixed to each certificate issued. The Board shall have the further power and authority to:
1. Establish and amend minimum standards for the practice of engineering and land surveying;
2. Establish continuing education requirements for renewal of professional engineering and professional land surveyor licenses;
3. Promulgate rules concerning the ethical marketing of professional engineering and land surveying services;
4. Upon good cause shown, as hereinafter provided, deny the issuance of a certificate of licensure or certificate of authorization or suspend, revoke or refuse to renew certificates of licensure or certificates of authorization previously issued, and upon proper showing to review, affirm, reverse, vacate or modify its orders with respect to such denial, suspension, revocation or refusal to renew; and
5. Levy administrative penalties against any person or entity who or which violates any of the provisions of Section 475.1 et seq. of this title or any rule or regulation promulgated pursuant thereto. The Board is hereby authorized to initiate disciplinary, prosecutorial and injunctive proceedings against any person or entity who or which has violated any of the provisions of Section 475.1 et seq. of this title or any rule or regulation of the Board promulgated pursuant thereto. The Board shall investigate alleged violations of the provisions of Section 475.1 et seq. of this title or of the rules or regulations, orders or final decisions of the Board.
B. In carrying into effect the provisions of Section 475.1 et seq. of this title, the Board, under the hand of its Chair, Vice Chair, or Executive Director and the seal of the Board, may subpoena witnesses and compel their attendance, and may also require the submission of books, papers, documents or other pertinent data, in any disciplinary matters, or in any case wherever a violation of Section 475.1 et seq. of this title is alleged. Upon failure or refusal to comply with any such order of the Board, or upon failure to honor its subpoena, as herein provided, the Board may apply to a court of proper jurisdiction for an order to enforce compliance with same.
C. The Board is hereby authorized in the name of the state to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of Section 475.1 et seq. of this title, or to restrain any violation thereof. In such proceedings, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. The members of the Board shall not be personally liable under this proceeding.
D. The Board may subject an applicant for licensure or a licensee to such examinations as it deems necessary to determine the applicant's or licensee's qualifications. The Board may dispose of a formal complaint against a licensee for a violation of Section 475.1 et seq. of this title by an order that a licensee shall complete the examinations as the Board deems necessary to determine the qualifications of the licensee, and upon the initial failure or refusal to successfully complete the examination, within the time ordered, place conditions on the license of the licensee to practice and order other remedies until competence is demonstrated.
E. No action or other legal proceedings for damages shall be instituted against the Board or against any Board member or employee of the Board for any act done in good faith and in the intended performance of any power granted under Section 475.1 et seq. of this title or for any neglect or default in the performance or exercise in good faith of any such duty or power.
Added by Laws 1968, c. 245, § 8, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 8; Laws 1992, c. 165, § 6, eff. July 1, 1992; Laws 2005, c. 115, § 7, eff. Nov. 1, 2005.
§59475.9. Professional Engineers and Land Surveyors Fund - Expenditures - Audits.
A. The Executive Director of the Board shall be responsible for accounting for all monies derived under the provisions of Section 475.1 et seq. of this title. This fund shall be known as the "Professional Engineers and Land Surveyors Fund", and shall be deposited with the State Treasurer, and shall be paid out only upon requisitions submitted by the Secretary or Executive Director. All monies in this fund are hereby specifically appropriated for the use of the Board, and the Board shall pay into the General Revenue Fund of the state an amount equal to ten percent (10%) of all funds received at the end of each fiscal year.
B. The Board shall obtain an office, secure such facilities, and employ, direct, discharge and define the duties and salaries of an Executive Director, Principal Assistant, Director of Enforcement, and such clerical or other assistants as are necessary for the proper performance of its work. The Board shall make expenditures from the fund created in subsection A of this section for any purpose which, in the opinion of the Board, is reasonably necessary for the proper performance of its duties under Section 475.1 et seq. of this title, including examination administration fees, the expenses of the Board's delegates to meetings of and membership fees to the National Council of Examiners for Engineering and Surveying, meaning the national nonprofit organization composed of engineering and land surveying licensing boards commonly called NEECS, and any of its subdivisions, as provided in the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. Under no circumstances shall the total amount of warrants issued in payment of the expenses and compensation provided for in Section 475.1 et seq. of this title exceed the amount of monies in the fund.
C. The fund shall be audited annually by the State Auditor and Inspector.
Added by Laws 1968, c. 245, § 9, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 159, § 11, emerg. eff. April 2, 1980; Laws 1982, c. 297, § 9; Laws 1992, c. 165, § 7, eff. July 1, 1992; Laws 2005, c. 115, § 8, eff. Nov. 1, 2005.
§59475.10. Record of proceedings and applications - Evidentiary use - Annual reports - Confidentiality.
A. The Board shall keep a record of its proceedings and of all applications for licensure, which record shall show:
1. The name, date of birth and lastknown address of each applicant;
2. The date of application;
3. The place of business of the applicant;
4. The education, experience and other qualifications of the applicant;
5. The type of examination required;
6. Whether or not the applicant was rejected;
7. Whether or not a certificate of licensure was granted;
8. The date of the action of the Board; and
9. Such other information as may be deemed necessary by the Board.
B. The record of the Board shall be prima facie evidence of the proceedings of the Board and a transcript thereof, duly certified by the Secretary under seal, shall be admissible as evidence with the same force and effect as if the original were produced.
C. The Board shall submit, upon request from the Governor, a report of its transactions of the preceding year, including a complete statement of the receipts and expenditures of the Board, attested by affidavits of its Chairman and its Secretary.
D. Board records and papers of the following class may be kept confidential by the Board: examination materials, file records of examination problem solutions, letters of inquiry and reference concerning applicants, Board inquiry forms concerning applicants, investigation files, and all other matters of like confidential nature.
Added by Laws 1968, c. 245, § 10, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 10; Laws 1992, c. 165, § 8, eff. July 1, 1992; Laws 2005, c. 115, § 9, eff. Nov. 1, 2005.
§59475.11. Rosters.
Complete rosters showing the names and lastknown addresses of all professional engineers and professional land surveyors shall be maintained and made available to the licensees and the public.
Added by Laws 1968, c. 245, § 11, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 11; Laws 1992, c. 165, § 9, eff. July 1, 1992; Laws 2005, c. 115, § 10, eff. Nov. 1, 2005.
§59475.12. Qualifications for licensure.
A. Engineer
To be eligible for admission for examination for a professional engineer, or an engineer intern, an applicant must be of good character and reputation and shall submit five references with application for licensure as a professional engineer, three of which shall be professional engineers having personal knowledge of the applicant's engineering experience, or, in the case of an application for certification as an engineer intern, by three character references.
The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional engineer, or for certification as an engineer intern, respectively:
1. As a professional engineer:
a. Licensure by Comity or Endorsement A person holding a certificate of registration or licensure to engage in the practice of engineering issued by a proper authority based on requirements that do not conflict with the provisions of Section 475.1 et seq. of this title and were of a standard not lower than that specified in the applicable licensure act in effect in this state at the time such certificate was issued, may, upon application, be licensed without further examination.
b. Graduation, Experience and Examination A graduate of an engineering program of four (4) years or more approved by the Board as being of satisfactory standing, and following the date of degree, a specific record of an additional four (4) years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, shall be admitted to an eighthour written examination in the fundamentals of engineering, and, if passed, then shall be admitted to an eighthour written examination in the principles and practice of engineering. Upon passing such examinations, the applicant shall be granted a certificate of licensure to practice engineering in this state, if otherwise qualified.
c. Alternative Graduation, Experience and Education A graduate of an engineering or related science program of four (4) years or more, other than the ones approved by the Board as being of satisfactory standing and following the date of degree, a specific record of six (6) years or more of progressive experience on engineering projects of a character and grade which indicates to the Board that the applicant may be competent to practice engineering shall be admitted to an eighthour written examination in the fundamentals of engineering and, if passed, then shall be admitted to an eighthour written examination in the principles and practice of engineering. Upon passing such examination, the applicant shall be granted a certificate of licensure to practice engineering in this state, if otherwise qualified.
d. Engineering Teaching Engineering teaching in a college or university offering an approved engineering program of four (4) years or more may be considered as engineering experience.
2. As an engineer intern:
The following shall be considered as minimum evidence that the applicant is qualified for certification as an engineer intern:
a. Graduation and Examination A graduate of an engineering program of four (4) years or more approved by the Board as being of satisfactory standing, shall be admitted to an eighthour written examination in the fundamentals of engineering. Upon passing such examination, the applicant shall be certified or enrolled as an engineer intern, if otherwise qualified.
b. Alternative Graduation, Experience and Examination A graduate of an engineering or related science curriculum of four (4) years or more, other than the ones approved by the Board as being of satisfactory standing, and following the date of degree, a specific record of one (1) year or more of progressive experience in engineering projects of a grade and character satisfactory to the Board shall be admitted to an eighthour written examination in the fundamentals of engineering. Upon passing such examination, the applicant shall be certified or enrolled as an engineer intern, if otherwise qualified.
B. Land Surveyor
To be eligible for admission to examination for a professional land surveyor or land surveyor intern, an applicant must be of good character and reputation and shall submit five references with application for licensure as a professional land surveyor, three of which shall be licensed land surveyors having personal knowledge of the applicant's land surveying experience; or in the case of an applicant for certification as a land surveyor intern, by three character references.
The evaluation of a professional land surveyor applicant's qualifications shall include consideration of the applicant's education, technical and land surveying experience, and recommendations by references. The land surveyor intern applicant's qualifications may be reviewed at an interview if the Board deems it necessary. Educational credits for courses undertaken shall be determined by the Board.
One of the following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional land surveyor or for certification as a land surveyor intern, respectively.
1. As a land surveyor:
a. Licensure by Comity or Endorsement A person holding a certificate of licensure to engage in the practice of land surveying issued by a proper authority based on comparable qualifications satisfactory to the Board, will be given comity consideration. However, the person may be required to take such examinations as the Board deems necessary to determine the person's qualifications, but in any event, the person shall be required to pass a written examination of such duration as established by the Board, which shall include questions on laws, procedures and practices pertaining to land surveying in this state.
b. Graduation, Experience and Examination A graduate of a surveying program of two (2) years or more approved by the Board as being of satisfactory standing and a specific record of an additional four (4) years of combined office and field experience satisfactory to the Board in land surveying of which a minimum of two (2) years' experience has been in responsible charge of land surveying projects under the supervision of a professional land surveyor, shall be admitted to an eighthour written examination in the fundamentals of land surveying and, if passed, then shall be admitted to an eighthour written examination in the principles and practice of land surveying. Upon passing such examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. Provided, an applicant under this paragraph shall not be admitted to the fundamentals of land surveying examination after July 1, 2008, unless the applicant is a graduate of a surveying program of two (2) years or more accredited by an accrediting body approved by the Board.
c. Alternative Graduation, Experience and Examination A graduate of a surveying or related science program of two (2) years or more, other than the programs approved by the Board as being of satisfactory standing, and a specific record of an additional six (6) years of combined office and field experience satisfactory to the Board in land surveying of which a minimum of two (2) years' experience has been in responsible charge of land surveying projects under the supervision of a professional land surveyor, shall be admitted to an eighthour written examination in the fundamentals of land surveying, and, if passed, then shall be admitted to an eighthour written examination in the principles and practice of land surveying. Upon passing such examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. Provided, an applicant under this paragraph shall not be admitted to the fundamentals of land surveying examination after July 1, 2008, unless the applicant is a graduate of a surveying or related science program of four (4) years or more other than the programs approved by the Board as being of satisfactory standing.
d. Long Established Practice and Examination An applicant with a specific record of nine (9) years or more of practice in land surveying, of which at least five (5) years have been in responsible charge of important land surveying work, and of a grade and character satisfactory to the Board which indicates to the Board that the applicant may be competent to practice land surveying shall be admitted to an eighthour written examination in the fundamentals of land surveying, and, if passed, then shall be admitted to an eighthour written examination in the principles and practice of land surveying. Upon passing such examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. Provided, after July 1, 2014, "Long Established Practice and Examination", as specified in this paragraph, shall not be considered by the Board as minimum evidence that an applicant is qualified for licensure as a professional land surveyor.
2. As a land surveyor intern:
a. Graduation and Examination A graduate of a surveying program of two (2) years or more approved by the Board as being of satisfactory standing shall be admitted to an eighthour written examination in the fundamentals of land surveying. Upon passing such examination, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified. Provided, an applicant under this paragraph shall not be admitted to the fundamentals of land surveying examination after July 1, 2008, unless the applicant is a graduate of a surveying program of two (2) years or more accredited by an accrediting body approved by the Board.
b. Alternative Graduation, Experience and Examination A graduate of a land surveying or related science program of two (2) years or more other than the ones approved by the Board as being of satisfactory standing, and a specific record of four (4) years of combined education, office and field experience in land surveying satisfactory to the Board shall be admitted to an eighthour written examination in the fundamentals of land surveying. Upon passing such examination, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified. Provided, an applicant under this paragraph shall not be admitted to the fundamentals of land surveying examination after July 1, 2008, unless the applicant is a graduate of a surveying or related science program of four (4) years or more other than programs approved by the Board as being of satisfactory standing.
Added by Laws 1968, c. 245, § 12, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 12; Laws 1992, c. 165, § 10, eff. July 1, 1992; Laws 2005, c. 115, § 11, eff. Nov. 1, 2005.
§59475.13. Application form - Certified council record in lieu of form - Fees.
A. 1. Application for licensure as a professional engineer or professional land surveyor or certification as an engineer intern or land surveyor intern shall be on a form prescribed and furnished by the Board. It shall contain statements made under oath, showing the applicant's education and a detailed summary of technical and engineering or land surveying experience and shall include the names and complete mailing addresses of the references, none of whom may be members of the Board.
2. The Board may accept the certified information contained in a valid council record issued by the National Council of Examiners for Engineering and Surveying for professional engineer or professional land surveyor applicants in lieu of the same information that is required on the form prescribed and furnished by the Board.
B. 1. The application fees shall be established by the Board in amounts not to exceed One Hundred Dollars ($100.00) for licensure as a professional engineer or professional land surveyor and Twentyfive Dollars ($25.00) for certification as an engineer intern or land surveyor intern which shall accompany the application.
2. The certification fee for a firm shall be established by the Board in an amount not to exceed Three Hundred Dollars ($300.00), and shall accompany the application.
3. Should the Board deny the issuance of a certificate of licensure to any applicant, including the application of a firm for a certificate of authorization, the fee shall be retained as an application fee.
Added by Laws 1968, c. 245, § 13, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 13; Laws 1992, c. 165, § 11, eff. July 1, 1992; Laws 2005, c. 115, § 12, eff. Nov. 1, 2005.
§59475.14. Examinations.
A. The examination shall be held at such times and places as the Board directs. The passing score for each separate administration of an exam shall be set by the Board.
B. Written examinations may be taken only after the applicant has met other minimum requirements as set forth in Section 475.12 of this title, and has been approved by the Board for admission to one or more of the following examinations:
1. Fundamentals of Engineering;
2. Principles and Practice of Engineering;
3. Fundamentals of Land Surveying;
4. Principles and Practice of Land Surveying;
5. Oklahoma Law and Surveying; and
6. Oklahoma Law and Engineering.
C. A candidate failing an examination may apply for the next examination, which may be granted upon payment of an application fee established by the Board, provided the failing grade on the examination is equal to or above fifty (50) points. An applicant failing an examination by a score of less than fifty (50) points shall not be admitted to reexamination except by an approved application for an examination administered not earlier than one (1) year after the failed exam was administered. Before the readmission to the examination, in the event of a second failure, the applicant must provide the Board with evidence of having acquired the necessary additional knowledge to qualify.
D. The applicant shall pay all fees established by the Board for examination documents and grading. The Board will advise the applicant of the fees required, and the required fees shall be paid by the applicant in advance of the examination.
E. The Board may prepare and adopt specifications for the written examinations in engineering and land surveying. They shall be published and be available to the public and to any person interested in being licensed as a professional engineer or as a professional land surveyor.
Added by Laws 1968, c. 245, § 14, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 14; Laws 1992, c. 165, § 12, eff. July 1, 1992; Laws 2005, c. 115, § 13, eff. Nov. 1, 2005.
§59475.15. Certificate of licensure - Seal Intern enrollment card.
A. The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, a certificate of licensure giving the licensee proper authority to practice in this state. The certificate of licensure for an engineer shall carry the designation "Professional Engineer" and for a land surveyor, "Professional Land Surveyor". It shall give the full legal name and license number of the licensee and shall be signed by the Chair and the Secretary under seal of the Board.
B. This certificate shall be prima facie evidence that the person named therein is entitled to all rights, privileges and responsibilities of a professional engineer or professional land surveyor, while said certificate remains effective.
C. Each licensee hereunder must, upon licensure, obtain a seal, the design and use of which are described below. It shall be unlawful for a licensee to affix, or permit the seal to be affixed, to any document as listed below after the expiration or revocation of a certificate of licensure, or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of Section 475.1 et seq. of this title.
1. The seal shall be a rubber stamp, an electronically digitized seal, printed seal, or a metal impression seal. Whenever the seal is applied, the original handwritten signature of the licensee and handwritten date of signature shall be written adjacent to or across the seal. No further words or wording are required. A facsimile signature or electronically digitized signature will not be acceptable.
2. The seal and dated signature shall be placed on all final specifications, land surveys, reports, plats, drawings, plans, design information and calculations whenever presented to a client, a user, or any public or governmental agency.
3. The seal shall be placed on all originals, tracings or other reproducible documents and shall be signed and dated by the licensee in such a manner that the seal, signature and date will be legible when reproduced. The application of the handwritten, dated signature of the licensee to the sealed document shall constitute certification that the work thereon was done by the licensee or under the direct supervision or control of the licensee.
4. In the case where multiple licensees are involved, each sheet in a set of drawings shall contain the seal and dated signature of the licensee responsible for that portion of the work. For bound documents produced by multiple licensees, either each document in the bound set shall be sealed, signed, and dated by the licensee in responsible charge for each document, or the cover sheet or index page shall be sealed, signed, and dated by each licensee with the responsibility of each licensee clearly indicated.
5. In the case of a firm, each separate document, the first page of a bound document, and, in the case of multiple licensees, the portion of the work for which each firm is responsible, shall also show the name of the firm, the firm's Certificate of Authorization number, and the renewal date of the Certificate of Authorization.
6. In the case where the work consists of a letter or report, or a permanently bound set of calculations or specifications, the licensee is only required to sign, seal and date the first page, title page or signature page.
7. A licensee shall not seal, sign, date, or allow a seal or signature of a licensee to appear on any work that is not prepared by the licensee or under the direct control and personal supervision of the licensee.
8. In the case of a temporary permit issued to a licensee of another state, the permit holder shall affix the seal from the resident state, together with the temporary permit number from this Board and the permit holder's original handwritten signature and date, to all work authorized by the temporary permit for which the permit holder is responsible.
9. The design of the seal shall be determined by the Board; however, the following minimum information shall be on the seal:
a. the words "State of Oklahoma",
b. the name of the licensee,
c. the license number of the licensee, and
d. the words "Licensed Professional Engineer" or "Licensed Professional Land Surveyor"; existing seals containing the words "Registered Land Surveyor", "Registered Professional Land Surveyor", and "Registered Professional Engineer" may continue to be used.
D. The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, an enrollment card as an engineer intern or land surveyor intern which indicates that applicant's name has been recorded as such in the Board office. The engineer intern or land surveyor intern enrollment card does not authorize the holder to practice as a professional engineer or professional land surveyor.
Added by Laws 1968, c. 245, § 15, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 15; Laws 1992, c. 165, § 13, eff. July 1, 1992; Laws 2005, c. 115, § 14, eff. Nov. 1, 2005.
§59475.16. Term of certificate - Notice of expiration date - Renewal.
A. The Board shall issue certificates of licensure and certificates of authorization for firms for a term of twentyfour (24) months.
B. It shall be the duty of the Executive Director to notify every person licensed under Section 475.1 et seq. of this title, and every firm holding a certificate of authorization under Section 475.1 et seq. of this title, of the date of the expiration of said certificate of licensure or certificate of authorization, and the amount of the fee required for its renewal. Such notice shall be mailed to the licensee or firm at the lastknown address as shown in the records of the Board at least one (1) month in advance of the date of the expiration of the certificate.
C. Renewal may be affected at any time prior to or during the month of expiration by the payment of a fee as established by the Board. Renewal of an expired certificate may be affected under rules promulgated by the Board regarding requirements for reexamination and penalty fees.
Added by Laws 1968, c. 245, § 16, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 16; Laws 1992, c. 165, § 14, eff. July 1, 1992; Laws 2005, c. 115, § 15, eff. Nov. 1, 2005.
§59475.17. Lost or destroyed certificates Replacement.
A new certificate of licensure or certificate of authorization, to replace any certificate lost, destroyed or mutilated, may be issued, subject to the rules of the Board.
Added by Laws 1968, c. 245, § 17, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 17; Laws 2005, c. 115, § 16, eff. Nov. 1, 2005.
§59475.18. Disciplinary actions - Grounds - Rules of Professional Conduct.
A. The Board shall have the power to suspend, revoke or refuse to issue, restore or renew a certificate of authorization for a firm, or a certificate of licensure of, or place on probation, fine or reprimand any firm, professional engineer, professional land surveyor or engineer intern or land surveyor intern who is found guilty of:
1. The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, or a certificate of authorization;
2. Any gross negligence, incompetence or misconduct, in the practice of engineering or land surveying;
3. Conviction of or entry of a plea of nolo contendere to any crime under the laws of the United States, or any state or territory thereof, which is a felony, whether related to practice or not; and conviction of or entry of a plea of nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is related to the practice of engineering or land surveying;
4. Failure to comply with any of the provisions of Section 475.1 et seq. of this title or any of the rules or regulations pertaining thereto;
5. Violation of the laws or rules of another state, territory, the District of Columbia, a foreign country, the United States government, or any other governmental agency, if at least one of the violations is the same or substantially equivalent to those contained in this section;
6. Failure, within thirty (30) days, to provide information requested by the Board as a result of a formal or informal complaint to the Board which would indicate a violation of Section 475.1 et seq. of this title;
7. Knowingly making false statements or signing false statements, certificates or affidavits;
8. Aiding or assisting another person or entity in violating any provision of Section 475.1 et seq. of this title or the rules or regulations pertaining thereto;
9. Violation of any terms of probation or suspension imposed by the Board, or using a seal or practicing engineering or land surveying while the professional engineer's license or land surveyor's license is suspended, revoked, nonrenewed or inactive;
10. Signing, affixing the professional engineer's or land surveyor's seal, or permitting the professional engineer's or land surveyor's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, other documents, or revisions thereof, which have not been prepared by, or under the direct control and personal supervision of the professional engineer or land surveyor in responsible charge;
11. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;
12. Providing false testimony or information to the Board;
13. Habitual intoxication or addiction to the use of alcohol or to the illegal use of a controlled dangerous substance;
14. Violating the Oklahoma Minimum Standards for the Practice of Land Surveying; and
15. Nonpayment of fees when due, or nonpayment for a period longer than ninety (90) days after the due date for payment of costs, or administrative penalties assessed by the Board shall result in revocation of the certificate of authority or certificate of licensure.
B. The Board shall prepare and adopt Rules of Professional Conduct for Professional Engineers and Land Surveyors as provided for in Section 475.8 of this title, which shall be made available in writing to every licensee and applicant for licensure under Section 475.1 et seq. of this title. The Board may revise and amend these Rules of Professional Conduct for Professional Engineers and Land Surveyors from time to time and shall notify each licensee, in writing, of such revisions or amendments.
C. The Board shall have the power to:
1. Revoke a certificate of authorization;
2. Suspend a certificate of authorization for a period of time, not exceeding two (2) years, of any firm of which one or more of its officers or directors have been guilty of any conduct which would authorize a revocation or suspension of their certificates of licensure under the provisions of this section;
3. Place a licensee on probation for a period of time and subject to such conditions as the Board may specify; or
4. Levy a fine in an amount not to exceed Two Hundred Fifty Dollars ($250.00) for each count or separate offense.
D. Principles of a firm who do not obtain a certificate or authorization as required by Section 475.1 et seq. of this title may be subject to revocation of individual licensure.
Added by Laws 1968, c. 245, § 18, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 18; Laws 1992, c. 165, § 15, eff. July 1, 1992; Laws 2005, c. 115, § 17, eff. Nov. 1, 2005.
§59475.19. Allegations of violations - Notice and hearing - Appeal.
A. Any person may bring allegations of violations of Section 475.1 et seq. of this title against any person, licensee, or against any firm. All allegations shall be timely investigated by the Board and, unless determined unfounded or trivial by the Board, or unless settled by mutual accord, shall be filed as formal complaints by the Board.
B. The time and place for said hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the lastknown address of such person, licensee, or firm, at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused shall have the right to appear in person or by counsel, or both, to crossexamine witnesses in their defense, and to produce evidence and witnesses in their own defense. If the accused fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.
C. If, after such hearing, a majority of the Board vote in favor of sustaining any one or more of the charges, the Board shall reprimand, fine in an amount not to exceed Two Hundred Fifty Dollars ($250.00) for each count or separate offense, levy administrative penalties pursuant to Section 475.20 of this title, place on probation for a period of time and subject to such conditions as the Board may specify, refuse to issue, restore, renew, suspend or revoke the individual's certificate of licensure, or the firm's certificate of authorization.
D. Any person, licensee, or firm, aggrieved by any action of the Board in levying a fine, denying, suspending, refusing to issue, restore or renew or revoking the certificate of licensure of the person, or its certificate of authorization, may appeal therefrom to the proper court under normal civil procedures.
E. The Board may, upon petition of an individual licensee or firm holding a certificate of authorization, reissue a certificate of licensure or authorization, provided that a majority of the members of the Board vote in favor of such issuance.
Added by Laws 1968, c. 245, § 19 , emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 19; Laws 1992, c. 165, § 16, eff. July 1, 1992; Laws 2005, c. 115, § 18, eff. Nov. 1, 2005.
§59-475.20. Criminal and administrative penalties - Legal counsel.
A. Criminal penalties:
Any person or entity who practices, or offers to practice, engineering or land surveying in this state without being licensed by the State Board of Professional Engineers and Land Surveyors in accordance with the provisions of Section 475.1 et seq. of this title, or any person or entity using or employing the words "engineer" or "engineering" or "land surveyor" or "land surveying" or any modification or derivative thereof in its name or form of business or activity except as authorized in Section 475.1 et seq. of this title, or any person presenting or attempting to use the certificate of licensure or the seal of another, or any person who shall give false or forged evidence of any kind to the Board or to any member thereof in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired, suspended, revoked, or nonexistent certificate of licensure, or who shall practice or offer to practice when not qualified, or any person who falsely claims to be registered or licensed under Section 475.1 et seq. of this title, or any person who shall violate any of the provisions of Section 475.1 et seq. of this title, shall be guilty of a misdemeanor, punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00), nor more than Two Thousand Dollars ($2,000.00).
B. Administrative penalties:
1. Any person or entity who has been determined by the Board to have violated any provision of Section 475.1 et seq. of this title, or any rule, regulation or order issued pursuant to such provisions, may be liable for an administrative penalty of not less than Two Hundred Fifty Dollars ($250.00). The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.
2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection 1 of this section, after notice and hearing. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances and gravity of the violation, and with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business and any show of good faith in attempting to achieve compliance with the provisions of Section 475.1 et seq. of this title. All monies collected from administrative penalties shall be deposited with the State Treasurer and placed in the "Professional Engineers and Land Surveyors Fund".
3. Any certificate of licensure or certificate of authorization holder may elect to surrender the certificate of licensure or certificate of authorization in lieu of an administrative action, but shall be permanently barred from obtaining a reissuance of the certificate of registration or certificate of authorization.
C. Legal Counsel:
The Attorney General of this state or an assistant shall act as legal advisor to the Board and render such legal assistance as may be necessary in carrying out the provisions of Section 475.1 et seq. of this title. The Board may employ counsel and necessary assistance to aid in the enforcement of such provisions, and the compensation and expenses therefor shall be paid from funds of the Board.
Added by Laws 1968, c. 245, § 20, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 20; Laws 1992, c. 165, § 17, eff. July 1, 1992; Laws 1997, c. 133, § 508, eff. July 1, 1999; Laws 1999, c. 74, § 2, eff. Nov. 1, 1999; Laws 2005, c. 115, § 19, eff. Nov. 1, 2005.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 508 from July 1, 1998, to July 1, 1999.
§59475.21. Condition for practice of engineering or land surveying by firm.
A. The practice of or offer to practice engineering or land surveying by firms authorized under Section 475.1 et seq. of this title, or by more than one person acting individually through a firm, is permitted provided:
1. The person(s) in responsible charge of such practice and all personnel who act in behalf of said firm in professional engineering and land surveying matters in this state are licensed under Section 475.1 et seq. of this title; and
2. Said firm has been issued a certificate of authorization by the Board.
B. An engineering or land surveying firm desiring a certificate of authorization shall file with the Board an application, using a form provided by the Board, and provide all the information required by the Board. The Board shall prescribe a form to be filed with the renewal fee and which shall be updated within thirty (30) days of the time any information contained on the form is changed or differs for any reason. If, in the Board's judgment, the information contained on the form warrants such action, the Board shall issue a certificate of authorization for said firm to practice engineering and/or land surveying.
No such firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers or partners by reason of its compliance with the provisions of this section. No individual practicing engineering or land surveying, pursuant to the provisions of Section 475.1 et seq. of this title, shall be relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.
C. The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Engineer", "Engineering", "Surveyor", "Land Surveying" or any modification or derivation thereof unless the Board(s) of Licensure for these professions has issued for said applicant a certificate of authorization or a letter indicating the eligibility of such applicant to receive such a certificate. The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.
D. The Secretary of State shall decline to register any trade name or service mark which includes such words, as set forth in subsection C of this section, or modifications or derivatives thereof in its firm name or logotype except those firms holding certificates of authorization issued under the provisions of this section.
E. The certificate of authorization shall be renewed as hereinbefore provided in Section 475.16 of this title.
F. An engineer or land surveyor designated in responsible charge of the professional activities of a firm for the purposes of this section shall be a full-time employee of the firm. A licensee who performs only part-time, occasional, or consulting services for a firm shall not qualify as a person designated in responsible charge.
Added by Laws 1968, c. 245, § 21, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 21; Laws 1992, c. 165, § 18, eff. July 1, 1992; Laws 2005, c. 115, § 20, eff. Nov. 1, 2005.
§59475.22. Exceptions.
Section 475.1 et seq. of this title shall not be construed to prevent:
1. Other Professions. The practice of any other legally recognized profession;
2. Temporary Permit:
a. Professional engineer. The practice or offer to practice engineering by a person not a resident of or having no established place of business in this state is allowed; provided, such person is legally qualified by licensure to practice engineering, as defined in Section 475.2 of this title, in the applicant's own state or country and who has made application for licensure to this Board. Such person shall make application for temporary permit to the Board, in writing, and after payment of a temporary permit fee may be granted a written permit to perform a particular job for a definite period of time, to expire the earliest of the issuance of a license by this Board, the rejection of the application for licensure or a time limit stated in the temporary permit; provided, however, no right to practice engineering shall accrue to such applicant by reason of a temporary permit for any works not set forth in said permit, and
b. Professional land surveyor. The practice of land surveying under a temporary permit by a person licensed as a land surveyor in another state is not considered to be in the best interest of the public and therefore shall not be granted; and
3. Employees and subordinates. The work of an employee or a subordinate of a person holding a certificate of licensure under Section 475.1 et seq. of this title, or an employee of a person practicing lawfully under paragraph 2 of this section is allowed; provided, such work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of licensure under Section 475.1 et seq. of this title or a person practicing lawfully under paragraph 2 of this section.
Added by Laws 1968, c. 245, § 22, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 22; Laws 1992, c. 165, § 19, eff. July 1, 1992; Laws 2005, c. 115, § 21, eff. Nov. 1, 2005.
§59475.22a. Land surveying documents Conditions of filing.
It shall be unlawful for the registrar of deeds or the county clerk of any county or proper public authority to file any map, plat, survey or other documents within the definition of land surveying which do not have impressed thereon and affixed thereto the personal signature and seal of a professional land surveyor by whom or under whose direct supervision the map, plat, survey or other documents were prepared.
Added by Laws 1982, c. 297, § 23. Amended by Laws 1992, c. 165, § 20, eff. July 1, 1992.
§59-475.22b. Repealed by Laws 1992, c. 165, § 21, eff. July 1, 1992.
§59-480. Short title - Intent - Definitions.
Sections 481 through 518 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act". It is the intent that this act shall apply only to allopathic and surgical practices and to exclude any other healing practices. Allopathy is a method of treatment practiced by recipients of the degree of Doctor of Medicine, but specifically excluding homeopathy. The terms medicine, physician and drug(s) used herein are limited to allopathic practice.
Added by Laws 1994, c. 323, § 1, eff. July 1, 1994.
§59-481. State Board of Medical Licensure and Supervision - Members.
A State Board of Medical Licensure and Supervision hereinafter referred to as the "Board", is hereby re-created, to continue until July 1, 2009, in accordance with the provisions of the Oklahoma Sunset Law. The Board shall be composed of seven (7) allopathic physicians licensed to practice medicine in this state and represent the public and two (2) lay members. The physician members of the Board shall be graduates of legally chartered medical schools recognized by the Oklahoma State Regents for Higher Education or the Liaison Council on Medical Education. The physician members shall have actively practiced as licensed physicians continuously in this state for the three (3) years immediately preceding their appointment to the Board. All members of the Board shall be residents of this state and shall be appointed by the Governor as provided for in Section 482 of this title. All present members of the Board shall continue to serve for the remainder of their current terms.
Added by Laws 1923, c. 59, p. 102, § 1, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 95, § 1, emerg. eff. April 6, 1925; Laws 1943, p. 135, § 4, emerg. eff. March 24, 1943; Laws 1965, c. 264, § 1, emerg. eff. June 23, 1965; Laws 1983, c. 159, § 1, operative July 1, 1983; Laws 1987, c. 118, § 5, operative July 1, 1987; Laws 1988, c. 225, § 9; Laws 1993, c. 280, § 1; Laws 1994, c. 323, § 2, eff. July 1, 1994; Laws 1997, c. 33, § 1; Laws 1998, c. 324, § 1, emerg. eff. May 28, 1998; Laws 2003, c. 10, § 1.
§59481.1. Statutory references.
Whenever in the Statutes reference is made to the State Board of Medical Examiners, it shall mean hereafter the State Board of Medical Licensure and Supervision.
Added by Laws 1987, c. 118, § 6, operative July 1, 1987.
§59-482. Tenure - Appointment list - Persons ineligible.
Physician members of the State Board of Medical Licensure and Supervision shall be appointed for terms of seven (7) years. The lay members of the Board shall serve terms coterminous with that of the Governor and until a qualified successor has been duly appointed and shall serve at the pleasure of the Governor. No member shall be appointed to serve more than two complete consecutive terms. Each physician member shall hold office until the expiration of the term for which appointed or until a qualified successor has been duly appointed. An appointment shall be made by the Governor within ninety (90) days after the expiration of the term of any member or the occurrence of a vacancy on the Board due to resignation, death, or any cause resulting in an unexpired term. The appointment of allopathic physicians shall be made from a list of three names submitted to the Governor by the Oklahoma State Medical Association. The Association may submit names of members or nonmembers of the Association. No member of the Board shall be a stockholder in or full-time salaried or full-time geographic member of the faculty or board of trustees of any medical school.
Added by Laws 1923, c. 59, p. 102, § 2, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 95, § 2, emerg. eff. April 6, 1925; Laws 1943, p. 135, § 5, emerg. eff. March 24, 1943; Laws 1965, c. 264, § 2, emerg. eff. June 23, 1965; Laws 1983, c. 159, § 2, operative July 1, 1983; Laws 1987, c. 118, § 7, operative July 1, 1987; Laws 1993, c. 280, § 2; Laws 1994, c. 323, § 3, eff. July 1, 1994; Laws 1998, c. 324, § 2, emerg. eff. May 28, 1998.
§59-483. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§59-484. Oath.
Each member of said Board shall, before entering upon the duties of office, take the constitutional oath of office, and shall, in addition, make oath that he or she is qualified under the terms of this act to hold such office.
Added by Laws 1923, c. 59, p. 103, § 4, emerg. eff. March 31, 1923. Amended by Laws 1994, c. 323, § 4, eff. July 1, 1994.
§59-485. Organization - Officers.
The State Board of Medical Licensure and Supervision shall elect a president and a vice-president each year. If either office becomes vacant during that year, an election to fill the vacancy shall be held at the next regularly scheduled meeting of the Board.
Added by Laws 1923, c. 59, p. 103, § 5, emerg. eff. March 31, 1923. Amended by Laws 1943, p. 136, § 7, emerg. eff. March 24, 1943; Laws 1965, c. 264, § 4, emerg. eff. June 23, 1965; Laws 1987, c. 118, § 8, operative July 1, 1987; Laws 1994, c. 323, § 5, eff. July 1, 1994; Laws 1995, c. 211, § 1, eff. Nov. 1, 1995; Laws 1998, c. 324, § 3, emerg. eff. May 28, 1998.
§59-486. Repealed by Laws 1980, c. 159, § 40, emerg. eff. April 2, 1980.
§59-487. Secretary - Duties.
A. The State Board of Medical Licensure and Supervision may appoint the secretary to serve as Medical Advisor to the Board and the Board staff. The Board may hire the secretary as an employee of the Board at such hours of employment and compensation as determined by the Board. The Board may hire a licensed allopathic physician to serve as the secretary-medical advisor to the Board and its staff. This position shall be in the exempt unclassified service, as provided for in subsection B of Section 840-5.5 of Title 74 of the Oklahoma Statutes. The secretary shall not be a member of the Board and shall not vote on Board actions.
B. The secretary of the Board shall preserve a true record of the official proceedings of the meetings of the Board. He or she shall also preserve a record of physicians licensed or applying for such license in this state showing:
1. Age;
2. Ethnic origin;
3. Sex;
4. Place of practice and residence;
5. The time spent in premedical and medical study, together with the names of the schools attended, and the date of graduation therefrom, with the degrees granted;
6. The grades made in examination for license or grades filed in application therefor; and
7. A record of the final disposition of each application for licensure.
The secretary of the Board shall, on or before the first day of March in each year, transmit an official copy of said register for the preceding calendar year, to the Secretary of State for permanent record, a certified copy of which shall be admitted as evidence in all courts of the state.
Added by Laws 1923, c. 59, p. 103, § 7, emerg. eff. March 31, 1923. Amended by Laws 1994, c. 323, § 6, eff. July 1, 1994; Laws 1995, c. 211, § 2, eff. Nov. 1, 1995.
§59-488. Meetings of Board - Determining qualifications of applicants.
A. The Board may hold regular meetings at times to be fixed by the president and secretary of the Board in accordance with the provisions of the Oklahoma Open Meeting Act. In addition, the president and secretary may call such special and other meetings in accordance with the provisions of the Oklahoma Open Meeting Act. A majority of the members of the Board shall constitute a quorum for the transaction of business but a less number may adjourn from time to time until a quorum is present.
B. No meeting as provided for in subsection A of this section shall be required for the determination of the qualifications of an applicant for a certificate issued pursuant to the provisions of Section 495 of this title. Each member of the Board authorized to vote on licensure may review the qualifications of the applicant during times other than when a regular or special meeting is held, to determine the sufficiency of said qualifications. Each member shall notify the secretary of his findings, in writing. The provisions of this subsection shall not be construed to prohibit the Board from reviewing the qualifications of an applicant for licensure during any regular or special meeting of the Board.
Added by Laws 1923, c. 59, p. 103, § 8, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 95, § 3, emerg. eff. April 6, 1925; Laws 1935, p. 56, § 1, emerg. eff. May 13, 1935; Laws 1943, p. 136, § 8, emerg. eff. March 24, 1943; Laws 1984, c. 75, § 1, emerg. eff. April 3, 1984; Laws 1987, c. 118, § 9, operative July 1, 1987; Laws 1994, c. 323, § 7, eff. July 1, 1994.
§59-489. Rules - Fees - Increasing or changing educational requirements.
The Board shall from time to time adopt such rules as may be necessary to carry into effect the provisions of this act, and shall have authority to establish fees not otherwise provided for in this act; and from time to time, as the courses of instruction in medical colleges, under the contemplation of this act, are increased or changed, the Board is hereby directed in like manner to increase or change its educational requirements for license to practice medicine within the state.
Added by Laws 1923, c. 59, p. 104, § 9, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, § 10, operative July 1, 1987; Laws 1994, c. 323, § 8, eff. July 1, 1994.
§59-489.1. Repealed by Laws 1987, c. 118, § 60, operative July 1, 1987.
§59-490. Administration of oaths - Evidence and witnesses.
Any member of the Board shall have the authority to administer oaths in all matters pertaining to the affairs of the Board and to take evidence and compel the attendance of witnesses on questions pertaining to the enforcement of this act. The trial examiner of the Board shall have the authority to compel the attendance of witnesses.
Added by Laws 1923, c. 59, p. 104, § 10, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, § 11, operative July 1, 1987; Laws 1994, c. 323, § 9, eff. July 1, 1994.
§59-491. Practicing without a license - Penalties.
A. 1. Every person before practicing medicine and surgery or any of the branches or departments of medicine and surgery, within the meaning of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, within this state, must be in legal possession of the unrevoked license or certificate issued pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act.
2. Any person practicing in such manner within this state, who is not in the legal possession of such license or certificate, shall, upon conviction thereof, be guilty of a felony, and shall, in any court having jurisdiction, be fined for:
a. the first offense in any sum not less than One Thousand Dollars ($1,000.00), and not more than Five Thousand Dollars ($5,000.00), and
b. any succeeding offense, as provided in subparagraph a of this paragraph, and in addition thereto, be imprisoned in a county jail for a period of time of not less than thirty (30) days, nor more than one hundred eighty (180) days.
3. In all instances, each day's practice shall constitute a separate and distinct offense.
4. Any person who practices medicine and surgery or any of the branches or departments thereof without first complying with the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall, in addition to the other penalties provided therein, receive no compensation for such medical and surgical or branches or departments thereof services.
B. 1. If a license has been revoked or suspended pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act whether for disciplinary reasons or for failure to renew such license, the State Board of Medical Licensure and Supervision may, subject to rules promulgated by the Board, assess and collect an administrative fine not to exceed Five Thousand Dollars ($5,000.00) for each day after revocation or suspension whether for disciplinary reasons or for failure to renew such license that the person practices medicine and surgery or any of the branches or departments thereof within this state.
2. Fines assessed shall be in addition to any penalty provided pursuant to subsection A of this section.
Added by Laws 1923, c. 59, p. 104, § 11, emerg. eff. March 31, 1923. Amended by Laws 1994, c. 323, § 10, eff. July 1, 1994; Laws 2001, c. 115, § 1, emerg. eff. April 18, 2001; Laws 2004, c. 523, § 3, emerg. eff. June 9, 2004.
§59-491.1. Repealed by Laws 1996, c. 6, § 2, eff. Sept. 1, 1996.
§59-492. Designation of physicians - Employment by hospitals - Practice of medicine defined - Services rendered by trained assistants - Persons practicing nonallopathic healing.
A. Every person shall be regarded as practicing allopathic medicine within the meaning and provisions of this act, who shall append to his or her name the letters "M.D.", "Physician" or any other title, letters or designation which represent that such person is a physician, or who shall for a fee or any form of compensation diagnose and/or treat disease, injury or deformity of persons in this state by any allopathic legend drugs, surgery, manual, or mechanical treatment unless otherwise authorized by law.
B. A hospital or related institution as such terms are defined in Section 1-701 of Title 63 of the Oklahoma Statutes, which has the principal purpose or function of providing hospital or medical care, including but not limited to any corporation, association, trust, or other organization organized and operated for such purpose, may employ one or more persons who are duly licensed to practice medicine in this state without being regarded as itself practicing medicine within the meaning and provisions of this section. The employment by the hospital or related institution of any person who is duly licensed to practice medicine in this state shall not, in and of itself, be considered as an act of unprofessional conduct by the person so employed. Nothing provided herein shall eliminate, limit, or restrict the liability for any act or failure to act of any hospital, any hospital's employees, or persons duly licensed to practice medicine.
C. The definition of the practice of medicine and surgery shall include, but is not limited to:
1. Advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine and surgery in this state;
2. Any offer or attempt to prescribe, order, give, or administer any drug or medicine and surgery for the use of any other person, except as otherwise authorized by law;
3. a. Any offer or attempt, except as otherwise authorized by law, to prevent, diagnose, correct, or treat in any manner or by any means, methods, devises, or instrumentalities except for manual manipulation any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of pregnancy and parturition, except as otherwise authorized by law.
b. Except as provided in subsection D of this section, performance by a person outside of this state, through an ongoing regular arrangement, of diagnostic or treatment services through electronic communications for any patient whose condition is being diagnosed or treated within this state. A person who performs any of the functions covered by this subparagraph submits himself or herself to the jurisdiction of the courts of this state for the purposes of any cause of action resulting from the functions performed.
c. Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall be construed to affect or give jurisdiction to the Board over any person other than medical doctors or persons holding themselves out as medical doctors;
4. Any offer or attempt to perform any surgical operation upon any person, except as otherwise authorized by law; and
5. The use of the title Doctor of Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D. or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless, where appropriate, such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this state.
D. The practice of medicine and surgery, as defined in this section, shall not include:
1. A student while engaged in training in a medical school approved by the Board or while engaged in graduate medical training under the supervision of the medical staff of a hospital or other health care facility approved by the state medical board for such training, except that a student engaged in graduate medical training shall hold a license issued by the Board for such training;
2. Any person who provides medical treatment in cases of emergency where no fee or other consideration is contemplated, charged or received;
3. A commissioned medical officer of the armed forces of the United States or medical officer of the United States Public Health Service of the Veterans Administration of the United States in the discharge of official duties and/or within federally controlled facilities; and provided that such person shall be fully licensed to practice medicine and surgery in one or more jurisdictions of the United States; provided further that such person who holds a medical license in this state shall be subject to the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act;
4. Any person licensed under any other act when properly practicing in the healing art for which that person is duly licensed;
5. The practice of those who endeavor to prevent or cure disease or suffering by spiritual means or prayer;
6. Any person administering a domestic or family remedy to a member of such person's own family;
7. Any person licensed to practice medicine and surgery in another state or territory of the United States who renders emergency medical treatment or briefly provides critical medical service at the specific lawful direction of a medical institution or federal agency that assumes full responsibility for that treatment or service and is approved by the Board;
8. Any person who is licensed to practice medicine and surgery in another state or territory of the United States whose sole purpose and activity is limited to brief actual consultation with a specific physician who is licensed to practice medicine and surgery by the Board, other than a person with a special or restricted license; or
9. The practice of any other person as licensed by appropriate agencies of this state, provided that such duties are consistent with the accepted standards of the person's profession and the person does not represent himself or herself as a Doctor of Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., or any combination thereof.
E. Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall prohibit:
1. The service rendered by a physician's unlicensed trained assistant, if such service is rendered under the supervision and control of a licensed physician pursuant to Board rules, provided such rules are not in conflict with the provisions of any other healing arts licensure act or rules promulgated pursuant to such act; or
2. The service of any other person duly licensed or certified by the state to practice the healing arts.
F. Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall prohibit services rendered by any person not licensed by the Board and practicing any nonallopathic healing practice.
Added by Laws 1923, c. 59, p. 104, § 12, emerg. eff. March 31, 1923. Amended by Laws 1965, c. 399, § 1, emerg. eff. July 5, 1965; Laws 1974, c. 305, § 2, emerg. eff. May 29, 1974; Laws 1987, c. 118, § 12, operative July 1, 1987; Laws 1990, c. 91, § 1, emerg. eff. April 18, 1990; Laws 1993, c. 230, § 25, eff. July 1, 1993; Laws 1994, c. 323, § 12, eff. July 1, 1994; Laws 1996, c. 147, § 1, eff. Nov. 1, 1996; Laws 1998, c. 324, § 4, emerg. eff. May 28, 1998; Laws 1999, c. 23, § 1, eff. Nov. 1, 1999; Laws 2000, c. 52, § 4, emerg. eff. April 14, 2000.
§59-492.1. Application forms - Requirements for practicing medicine - Agent or representative of applicant.
A. The Board shall create such application forms as are necessary for the licensure of applicants to practice medicine and surgery in this state.
B. No person shall be licensed to practice medicine and surgery in this state except upon a finding by the Board that such person has fully complied with all applicable licensure requirements of this act, is of good moral character, and has produced satisfactory evidence to the Board of the ability of the applicant to practice medicine and surgery with reasonable skill and safety.
C. Except as specifically may be waived by the Board, the Board shall not engage in any application process with any agent or representative of the applicant.
Added by Laws 1994, c. 323, § 13, eff. July 1, 1994.
§59-493. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-493.1. Contents of application - Requirements for licensure.
A. An applicant to practice medicine and surgery in this state shall provide to the State Board of Medical Licensure and Supervision and attest to the following information and documentation in a manner required by the Board:
1. The applicant's full name and all aliases or other names ever used, current address, social security number and date and place of birth;
2. A signed and notarized photograph of the applicant, taken within the previous twelve (12) months;
3. Originals of all documents and credentials required by the Board, or notarized photocopies or other verification acceptable to the Board of such documents and credentials;
4. A list of all jurisdictions, United States or foreign, in which the applicant is licensed or has applied for licensure to practice medicine and surgery or is authorized or has applied for authorization to practice medicine and surgery;
5. A list of all jurisdictions, United States or foreign, in which the applicant has been denied licensure or authorization to practice medicine and surgery or has voluntarily surrendered a license or an authorization to practice medicine and surgery;
6. A list of all sanctions, judgments, awards, settlements, or convictions against the applicant in any jurisdiction, United States or foreign, that would constitute grounds for disciplinary action under this act or the Board's rules;
7. A detailed educational history, including places, institutions, dates, and program descriptions, of all his or her education, including all college, preprofessional, professional, and professional graduate education;
8. A detailed chronological life history from age eighteen (18) years to the present, including places and dates of residence, employment, and military service (United States or foreign) and all professional degrees or licenses or certificates now or ever held; and
9. Any other information or documentation specifically requested by the Board that is related to the applicant's ability to practice medicine and surgery.
B. The applicant shall possess a valid degree of Doctor of Medicine from a medical college or school located in the United States, its territories or possessions, or Canada that was approved by the Board or by a private nonprofit accrediting body approved by the Board at the time the degree was conferred. The application shall be considered by the Board based upon the product and process of the medical education and training.
C. The applicant shall have satisfactorily completed twelve (12) months of progressive postgraduate medical training approved by the Board or by a private nonprofit accrediting body approved by the Board in an institution in the United States, its territories or possessions, or in programs in Canada, England, Scotland or Ireland approved by the Board or by a private nonprofit accrediting body approved by the Board.
D. The applicant shall submit a history from the Administration of the Medical School from which the applicant graduated of any suspension, probation, or disciplinary action taken against the applicant while a student at that institution.
E. The applicant shall have passed medical licensing examination(s) satisfactory to the Board.
F. The applicant shall have demonstrated a familiarity with all appropriate statutes and rules and regulations of this state and the federal government relating to the practice of medicine and surgery.
G. The applicant shall be physically, mentally, professionally, and morally capable of practicing medicine and surgery in a manner reasonably acceptable to the Board and in accordance with federal law and shall be required to submit to a physical, mental, or professional competency examination or a drug dependency evaluation if deemed necessary by the Board.
H. The applicant shall not have committed or been found guilty by a competent authority, United States or foreign, of any conduct that would constitute grounds for disciplinary action under this act or rules of the Board. The Board may modify this restriction for cause.
I. Upon request by the Board, the applicant shall make a personal appearance before the Board or a representative thereof for interview, examination, or review of credentials. At the discretion of the Board, the applicant shall be required to present his or her original medical education credentials for inspection during the personal appearance.
J. The applicant shall be held responsible for verifying to the satisfaction of the Board the identity of the applicant and the validity of all credentials required for his or her medical licensure. The Board may review and verify medical credentials and screen applicant records through recognized national physician information services.
K. The applicant shall have paid all fees and completed and attested to the accuracy of all application and information forms required by the Board.
L. Grounds for the denial of a license shall include:
1. Use of false or fraudulent information by an applicant;
2. Suspension or revocation of a license in another state unless the license has been reinstated in that state;
3. Refusal of licensure in another state other than for examination failure; and
4. Multiple examination failures.
M. The Board shall not deny a license to a person otherwise qualified to practice allopathic medicine within the meaning of this act solely because the person's practice or a therapy is experimental or nontraditional.
Added by Laws 1994, c. 323, § 14, eff. July 1, 1994. Amended by Laws 1998, c. 324, § 5, emerg. eff. May 28, 1998; Laws 2002, c. 213, § 1, emerg. eff. May 8, 2002.
§59-493.2. Foreign applicants - Requirements for licensure.
A. Foreign applicants shall meet all requirements for licensure as provided in Sections 492.1 and 493.1 of this title.
B. 1. A foreign applicant shall possess the degree of Doctor of Medicine or a Board-approved equivalent based on satisfactory completion of educational programs from a school with education and training substantially equivalent to that offered by the University of Oklahoma College of Medicine.
2. In the event the foreign medical school utilized clerkships in the United States, its territories or possessions, such clerkships shall have been performed in hospitals and schools that have programs accredited by the Accreditation Council for Graduate Medical Education (ACGME).
C. A foreign applicant shall have a command of the English language that is satisfactory to the State Board of Medical Licensure and Supervision, demonstrated by the passage of an oral English competency examination.
D. The Board may promulgate rules requiring all foreign applicants to satisfactorily complete at least twelve (12) months and up to twenty-four (24) months of Board-approved progressive graduate medical training as determined necessary by the Board for the protection of the public health, safety and welfare.
E. All credentials, diplomas and other required documentation in a foreign language submitted to the Board by such applicants shall be accompanied by notarized English translations.
F. Foreign applicants shall provide satisfactory evidence of having met the requirements for permanent residence or temporary nonimmigrant status as set forth by the United States Immigration and Naturalization Service.
G. Foreign applicants shall provide a certified copy of the Educational Commission for Foreign Medical Graduates (ECFMG) Certificate to the Board at such time and in such manner as required by the Board. The Board may waive the requirement for an Educational Commission for Foreign Medical Graduates Certificate by rule for good cause shown.
Added by Laws 1994, c. 323, § 15, eff. July 1, 1994. Amended by Laws 2002, c. 213, § 2, emerg. eff. May 8, 2002; Laws 2004, c. 523, § 4, emerg. eff. June 9, 2004.
§59-493.3. Licensure by endorsement - Temporary and special licensure.
A. Endorsement of licensed applicants: The State Board of Medical Licensure and Supervision may issue a license by endorsement to an applicant who:
1. Has complied with all current medical licensure requirements except those for examination; and
2. Has passed a medical licensure examination given in English in another state, the District of Columbia, a territory or possession of the United States, or Canada, or has passed the National Boards Examination administered by the National Board of Medical Examiners, provided the Board determines that such examination was equivalent to the Board's examination used at the time of application.
B. Notwithstanding any other provision of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, the Board may require applicants for full and unrestricted medical licensure by endorsement, who have not been formally tested by another state or territory of the United States or any Canadian medical licensure jurisdiction, a Board-approved medical certification agency, or a Board-approved medical specialty board within a specific period of time before application to pass a written and/or oral medical examination approved by the Board.
C. The Board may authorize the secretary to issue a temporary medical license for the intervals between Board meetings. A temporary license shall be granted only when the secretary is satisfied as to the qualifications of the applicant to be licensed under the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act but where such qualifications have not been verified to the Board. A temporary license shall:
1. Be granted only to an applicant demonstrably qualified for a full and unrestricted medical license under the requirements set by the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act and the rules of the Board; and
2. Automatically terminate on the date of the next Board meeting at which the applicant may be considered for a full and unrestricted medical license.
D. The Board may establish rules authorizing the issuance of conditional, restricted, or otherwise circumscribed licenses as are necessary for the public health, safety, and welfare.
Added by Laws 1994, c. 323, § 16, eff. July 1, 1994. Amended by Laws 1995, c. 211, § 3, eff. Nov. 1, 1995; Laws 1998, c. 324, § 6, emerg. eff. May 28, 1998.
§59-493.4. Special licenses.
A. No person who is granted a special training license shall practice outside the limitations of such license.
B. To be eligible for special training licensure, the applicant shall have completed all the requirements for full and unrestricted medical licensure except graduate education and/or licensing examination or other requirements relative to the basis for the special training license.
C. By rule, the State Board of Medical Licensure and Supervision shall establish restrictions for special training licensure to assure that the holder will practice only under appropriate circumstances as set by the Board.
D. A special training license shall be renewable annually upon the approval of the Board and upon the evaluation of performance in the special circumstances upon which the special training license was granted.
E. The issuance of a special training license shall not be construed to imply that a full and unrestricted medical license will be issued at a future date.
F. All other provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall apply to holders of special training licenses.
G. This section shall not limit the authority of any state agency or educational institution in this state which employs a special training licensed physician to impose additional practice limitations upon such physician.
Added by Laws 1994, c. 323, § 17, eff. July 1, 1994. Amended by Laws 2004, c. 523, § 5, emerg. eff. June 9, 2004.
§59-493.5. Special volunteer medical license.
A. There is established a special volunteer medical license for physicians who are retired from active practice and wish to donate their expertise for the medical care and treatment of indigent and needy persons of the state. The special volunteer medical license shall be:
1. Issued by the State Board of Medical Licensure and Supervision to eligible physicians;
2. Issued without the payment of an application fee, license fee or renewal fee;
3. Issued or renewed without any continuing education requirements;
4. Issued for a fiscal year or part thereof; and
5. Renewable annually upon approval of the Board.
B. A physician must meet the following requirements to be eligible for a special volunteer medical license:
1. Completion of a special volunteer medical license application, including documentation of the physician's medical school graduation and practice history;
2. Documentation that the physician has been previously issued a full and unrestricted license to practice medicine in Oklahoma or in another state of the United States and that he or she has never been the subject of any medical disciplinary action in any jurisdiction;
3. Acknowledgement and documentation that the physician's practice under the special volunteer medical license will be exclusively and totally devoted to providing medical care to needy and indigent persons in Oklahoma or to providing care under the Oklahoma Medical Reserve Corps; and
4. Acknowledgement and documentation that the physician will not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any medical services rendered under the special volunteer medical license.
Added by Laws 2003, c. 138, § 1, eff. Nov. 1, 2003. Amended by Laws 2004, c. 313, § 17, emerg. eff. May 19, 2004; Laws 2004, c. 523, § 24, emerg. eff. June 9, 2004.
§59-494. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-494.1. Medical licensure examinations.
A. The State Board of Medical Licensure and Supervision shall offer a medical licensure examination as necessary to test the qualifications of applicants.
1. Except as otherwise provided, no person shall receive a license to practice medicine and surgery in this state unless he or she passes or has passed all required examinations satisfactory to the Board.
2. The Board shall approve the preparation and administration of any examination, in English, that it deems necessary to determine an applicant's ability to practice medicine and surgery with reasonable skill and safety.
3. Examinations shall be reviewed and scored in a way to ensure the anonymity of applicants.
4. Examinations shall be conducted at least semiannually, provided that there is an applicant.
5. The Board shall specify the minimum score required to pass any examination. The required passing score shall be specified prior to the administration of any examination.
6. Applicants shall be required to pass all examinations with a score as set by rule, within a specific period of time after initial application. Specific requirements for the satisfactory completion of further medical education shall be established by the Board for those applicants seeking to be examined after the specified period of time after initial application.
7. The Board may limit the number of times an applicant may take an examination before the satisfactory completion of further medical education is required of an applicant, provided that this limitation may be waived by the Board for good cause.
8. Fees for any examination shall be paid by an applicant prior to the examination and no later than a date set by the Board.
B. To apply for an examination, an applicant shall provide the Board and attest to the following information and documentation no later than a date set by the Board:
1. His or her full name and all aliases or other names ever used, current address, social security number, and date and place of birth;
2. A signed and notarized photograph of the applicant, taken within the previous twelve (12) months;
3. Originals of all documents and credentials required by the Board, or notarized photocopies or other verification acceptable to the Board of such documents and credentials;
4. A list of all jurisdictions, United States or foreign, in which the applicant is licensed or has applied for licensure to practice medicine and surgery or is authorized or has applied for authorization to practice medicine and surgery;
5. A list of all jurisdictions, United States or foreign, in which the applicant has been denied licensure or authorization to practice medicine and surgery or has voluntarily surrendered a license or an authorization to practice medicine and surgery;
6. A list of all sanctions, judgments, awards, settlements, or convictions against the applicant in any jurisdiction, United States or foreign, that would constitute grounds for disciplinary action under this act or the Board's rules;
7. A detailed educational history, including places, institutions, dates, and program descriptions, of the applicant's education including all college, preprofessional, professional, and professional graduate education;
8. A detailed chronological life history from age eighteen (18) to present, including places and dates of residence, employment, and military service (United States or foreign); and
9. Any other information or documentation specifically requested by the Board that is related to the applicant's eligibility to sit for the examination.
C. No person shall subvert or attempt to subvert the security of any medical licensure examination. The Board shall establish procedures to ensure the security and validity of all medical licensure examinations.
Any individual found by the Board to have engaged in conduct that subverts or attempts to subvert the medical licensing examination process may have his or her scores on the licensing examination withheld and/or declared invalid, be disqualified from the practice of medicine and surgery, and/or be subject to the imposition of other appropriate sanctions. The Board shall notify the Federation of State Medical Boards of the United States of any such action.
Conduct that subverts or attempts to subvert the medical licensing examination process shall include, but not be limited to:
1. Conduct that violates the security of the examination materials, such as removal from the examination room of any of the examination materials; reproduction or reconstruction of any portion of the licensure examination; aid by any means in the reproduction or reconstruction of any portion of the licensure examination; sale, distribution, purchase, receipt, or unauthorized possession of any portion of a future, current, or previously administered licensure examination; and/or
2. Conduct that violates the standard of test administration, such as communication with any other examinee during the administration of the licensure examination; copying answers from another examinee or by knowingly permitting one's answers to be copied by another examinee during the administration of the licensure examination; possession during the administration of the licensing examination, unless otherwise required or authorized, of any books, notes, written or printed materials or data of any kind, other than the examination distributed; and/or
3. Conduct that violates the credentialing process, such as falsification or misrepresentation of educational credentials or other information required for admission to the licensure examination; impersonation of an examinee or having an impersonator take the licensure examination on one's behalf.
D. The Board shall provide written notice to all applicants for medical licensure of such prohibitions and of the sanctions imposed for such conduct. A copy of such notice, attesting that the applicant has read and understands the notice, shall be signed by the applicant and filed with the application.
Added by Laws 1994, c. 323, § 18, eff. July 1, 1994. Amended by Laws 1998, c. 324, § 7, emerg. eff. May 28, 1998.
§59-495. Issuance of licenses.
When an applicant shall have shown that he or she is qualified as herein required, a license, in form approved by the State Board of Medical Licensure and Supervision and attested by the seal of the Board, shall be issued to the applicant by the Board, authorizing the applicant to practice medicine and surgery within the meaning of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act.
Added by Laws 1923, c. 59, p. 106, § 15. Amended by Laws 1994, c. 323, § 19, eff. July 1, 1994; Laws 1995, c. 211, § 4, eff. Nov. 1, 1995; Laws 1998, c. 324, § 8, emerg. eff. May 28, 1998.
§59-495a. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-495a.1. License reregistration.
A. At regular intervals set by the Board, no less than one time per annum, each licensee licensed by this act shall demonstrate to the Board the licensee's continuing qualification to practice medicine and surgery. The licensee shall apply for license reregistration on a form(s) provided by the Board, which shall be designed to require the licensee to update and/or add to the information in the Board's file relating to the licensee and his or her professional activity. It shall also require the licensee to report to the Board the following information:
1. Any action taken against the licensee for acts or conduct similar to acts or conduct described in this act as grounds for disciplinary action by:
a. any jurisdiction or authority (United States or foreign) that licenses or authorizes the practice of medicine and surgery,
b. any peer review body,
c. any health care institution,
d. any professional medical society or association,
e. any law enforcement agency,
f. any court, or
g. any governmental agency;
2. Any adverse judgment, settlement, or award against the licensee arising from a professional liability claim;
3. The licensee's voluntary surrender of or voluntary limitation on any license or authorization to practice medicine and surgery in any jurisdiction, including military, public health and foreign;
4. Any denial to the licensee of a license or authorization to practice medicine and surgery by any jurisdiction, including military, public health or foreign;
5. The licensee's voluntary resignation from the medical staff of any health care institution or voluntary limitation of the licensee's staff privileges at such an institution if that action occurred while the licensee was under formal or informal investigation by the institution or a committee thereof for any reason related to alleged medical incompetence, unprofessional conduct, or mental or physical impairment;
6. The licensee's voluntary resignation or withdrawal from a national, state, or county medical society, association, or organization if that action occurred while the licensee was under formal or informal investigation or review by that body for any reason related to possible medical incompetence, unprofessional or unethical conduct, or mental or physical impairment;
7. Whether the licensee has abused or has been addicted to or treated for addiction to alcohol or any chemical substance during the previous registration period, unless such person is in a rehabilitation program approved by the Board;
8. Whether the licensee has had any physical injury or disease or mental illness during the previous registration period that affected or interrupted his or her practice of medicine and surgery; and
9. The licensee's completion of continuing medical education or other forms of professional maintenance and/or evaluation, including specialty board certification or recertification, during the previous registration period.
B. The Board may require continuing medical education for license reregistration and require documentation of that education.
C. The licensee shall sign and attest to the veracity of the application form for license reregistration. Failure to report fully and correctly shall be grounds for disciplinary action by the Board.
D. The Board shall establish a system for reviewing reregistration forms. The Board may initiate investigations and disciplinary proceedings based on information submitted by licensees for license reregistration.
E. Upon a finding by the Board that the licensee is fit to continue to practice medicine and surgery in this state, the Board shall issue to the licensee a license to practice medicine and surgery during the next registration period.
Added by Laws 1994, c. 323, § 20, eff. July 1, 1994.
§59-495b. Practice without renewal license prohibited - Punishment - Revocation or suspension of license.
Any person practicing medicine and surgery in Oklahoma as defined by law without having the legal possession of a current renewal license shall be guilty of a misdemeanor and upon conviction be punished by a fine of not less than One Thousand Dollars ($1,000.00), and such practice shall constitute grounds for the revocation or suspension of his or her license to practice medicine and surgery in this state.
Added by Laws 1941, p. 243, § 2, emerg. eff. May 15, 1941. Amended by Laws 1987, c. 118, § 16, operative July 1, 1987; Laws 1994, c. 323, § 21, eff. July 1, 1994.
§59-495c. Reregistration fees - Depository funds - Disposition.
A. Each application for reregistration, as set forth in Section 20 of this act, shall be accompanied by a reregistration fee in an amount fixed by the Board.
B. All reregistration fees paid to the secretary of the Board under the provisions of this act shall be deposited with the State Treasurer, who shall place the same in the regular depository fund of the Board. Said fund, less the ten percent (10%) gross fees paid into the General Fund of the state under the provisions of Sections 211 through 214 of Title 62 of the Oklahoma Statutes, shall be expended in the manner and for the purposes now provided by law.
Added by Laws 1941, p. 243, § 3, emerg. eff. May 15, 1941. Amended by Laws 1970, c. 145, § 2, emerg. eff. April 7, 1970; Laws 1987, c. 118, § 17, operative July 1, 1987; Laws 1994, c. 323, § 22, eff. July 1, 1994.
§59-495d. Suspension in absence of reregistration - Reinstatement.
If a licensee fails to apply for reregistration within sixty (60) days from the end of the previous registration period, as provided in this act, his original license to practice medicine and surgery in this state shall be suspended and the Board shall report to the office of the district attorney of the county of practice any physician who failed to reregister if the physician's practice is still in Oklahoma. Said original license shall, upon due application by said person therefor, be reinstated by the Board or its agent designated for that purpose if and when the applicant furnishes satisfactory proof that:
(a) The licensee had not practiced medicine or surgery in any other state or territory of the United States in violation of the laws thereof during said period;
(b) The licensee's license to practice medicine or surgery had not been revoked in any other such state or territory during said period;
(c) The licensee has not been convicted of a felony or the violation of the narcotic laws of the United States during said period; and
(d) The licensee has met the same standards for licensure as is required at the time for initial licensure and the latest reregistration period.
A fee set by the Board shall accompany the application for reinstatement. The Board may in its discretion require the applicant to take and pass an examination prescribed by it to assess the applicant's clinical competency unless the applicant can show that fifty percent (50%) of his monthly activities during the time the applicant's Oklahoma license has been inactive include the practice of medicine.
Added by Laws 1951, p. 165, § 1, emerg. eff. Feb. 26, 1951. Amended by Laws 1987, c. 118, § 18, operative July 1, 1987; Laws 1994, c. 323, § 23, eff. July 1, 1994.
§59-495e. Appeal from rejection of reregistration.
Any licensee whose reregistration application is rejected by the Board, shall have the right to appeal from such action to the district court of the county of residence. If the licensee does not reside or practice in Oklahoma, appeal shall be to the Oklahoma County District Court.
Added by Laws 1951, p. 165, § 2, emerg. eff. Feb. 26, 1951. Amended by Laws 1994, c. 323, § 24, eff. July 1, 1994.
§59-495f. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-495g. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-495h. Reinstatement of license or certificate - Satisfactory evidence of professional competence.
The State Board of Medical Licensure and Supervision may require satisfactory evidence of professional competence and good moral character from applicants requesting reinstatement of any license or certificate issued by the Board. The Board may set criteria for measurement of professional competence by rule.
Added by Laws 1995, c. 211, § 5, eff. Nov. 1, 1995. Amended by Laws 2004, c. 523, § 6, emerg. eff. June 9, 2004.
§59-496. Repealed by Laws 1983, c. 159, § 4, operative July 1, 1983.
§59497. Duplicate licenses.
The State Board of Medical Licensure and Supervision is hereby authorized to issue a duplicate license to any licensee of this state, who may have lost his license except through suspension, failure to renew, revocation or denial; provided, that the application, properly verified by oath, be made upon forms provided for that purpose; and provided, further, that a fee set by the Board shall be paid.
Amended by Laws 1987, c. 118, § 20, operative July 1, 1987.
§59-498. Repealed by Laws 1983, c. 159, § 4, operative July 1, 1983.
§59-499. Repealed by Laws 1949, p. 403, § 1a.
§59-500. Notice of practice location and address - Proof of licensure.
Each person holding a license authorizing the practice of medicine and surgery in this state shall notify the State Board of Medical Licensure and Supervision, in writing, of such licensee's current practice location and mailing address. Each licensee shall carry on his or her person at all times while engaged in such practice of medicine and surgery official verification of valid and effective licensure as may be issued by the Board.
Added by Laws 1923, c. 59, p. 107, § 20, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, § 21, operative July 1, 1987; Laws 1994, c. 323, § 25, eff. July 1, 1994; Laws 2004, c. 523, § 7, emerg. eff. June 9, 2004.
§59-501. Repealed by Laws 1990, c. 163, § 7, eff. Sept 1, 1990.
§59-502. Repealed by Laws 1990, c. 163, § 7, eff. Sept 1, 1990.
§59-503. Sanctions for unprofessional conduct.
The State Board of Medical Licensure and Supervision may suspend, revoke or order any other appropriate sanctions against the license of any physician or surgeon holding a license to practice in this state for unprofessional conduct, but no such suspension, revocation or other penalty shall be made until the licensee is cited to appear for hearing. No such citation shall be issued except upon sworn complaint filed with the secretary of the Board, charging the licensee with having been guilty of unprofessional conduct and setting forth the particular act or acts alleged to constitute unprofessional conduct. In the event it comes to the attention of the Board that a violation of the rules of professional conduct may have occurred, even though a formal complaint or charge may not have been filed, the Board may conduct an investigation of the possible violation, and may upon its own motion institute a formal complaint. In the course of the investigation persons appearing before the Board may be required to testify under oath. Upon the filing of a complaint, either by an individual or the Board as provided herein, the citation must forthwith be issued by the secretary of the Board over the signature of the secretary and seal of the Board, setting forth the complaint of unprofessional conduct, and giving due notice of the time and place of the hearing by the Board. The citation shall be made returnable at the next regular meeting of the Board occurring at least thirty (30) days after the service of the citation. The defendant shall file a written answer under oath with the secretary of the Board within twenty (20) days after the service of the citation. The secretary of the Board may extend the time of answer upon satisfactory showing that the defendant is for reasonable cause, unable to answer within the twenty (20) days, but in no case shall the time be extended beyond the date of the next regular meeting of the Board, unless a continuance is granted by the Board.
Added by Laws 1923, c. 59, p. 108, § 23, emerg. eff. March 31, 1923. Amended by Laws 1955, p. 328, § 1, emerg. eff. March 17, 1955; Laws 1987, c. 118, § 23, operative July 1, 1987; Laws 1994, c. 323, § 26, eff. July 1, 1994; Laws 1995, c. 211, § 6, eff. Nov. 1, 1995.
§59-503.1. Emergency suspension of licensure.
The Secretary of the Board, upon concurrence of the President of the Board that an emergency exists for which the immediate suspension of a license is imperative for the public health, safety and welfare, may conduct a hearing as contemplated by Section 314 of Title 75 of the Oklahoma Statutes to suspend temporarily the license of any person under the jurisdiction of the Board.
Added by Laws 1994, c. 323, § 27, eff. July 1, 1994.
§59504. Process How served Depositions Subpoenas.
All citations and subpoenas, under the contemplation of this act, shall be served in general accordance with the statutes of the State of Oklahoma then in force applying to the service of such documents, and all provisions of the statutes of the state then in force, relating to citations and subpoenas, are hereby made applicable to the citations and subpoenas herein provided for. All the provisions of the statutes of the state, then in force, governing the taking of testimony by depositions, are made applicable to the taking of depositions under this act. The attendance of witnesses shall be compelled in such hearings by subpoenas issued by the secretary of the State Board of Medical Licensure and Supervision over the seal thereof, and the secretary shall in no case refuse to issue such subpoenas upon praecipe filed therefor accompanied with the fee of Five Dollars ($5.00) for each subpoena issued. If any person refuse to obey such subpoena served upon him in such manner, the fact of such refusal shall be certified by the secretary of the Board, over the seal thereof, to the district court of the county in which such service was had, and the court shall proceed to hear said matter in accordance with the statutes of the state then in force governing contempt as for disobedience of its own process.
Amended by Laws 1987, c. 118, § 24, operative July 1, 1987.
§59-505. State as party to actions - Board as trial body - Rulings - Record.
It is hereby provided that the State of Oklahoma is a proper and necessary party in the prosecution of all such actions and hearings before the Board in all matters pertaining to unprofessional conduct under the contemplation of this act, and the Attorney General of the state, in person, or by deputy, is authorized and directed to appear in behalf thereof and the defendant in such action shall have the right to be represented by counsel. The Board shall sit as a trial body and the rulings of the president thereof in all questions shall be the rulings of the Board, unless reversed by a majority vote of the Board upon appeal thereto from such rulings of the president. The secretary shall preserve a record of all proceedings in such hearings and shall furnish a transcript thereof to the defendant upon request therefor, provided the said defendant shall pay the actual cost of preparing such transcript. If the services of a court reporter are requested, the court reporter shall be reimbursed or paid by the party who made such request.
Added by Laws 1923, c. 59, p. 109, § 25, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, § 25, operative July 1, 1987; Laws 1994, c. 323, § 28, eff. July 1, 1994.
§59-506. Decisions of Board - Suspension and reinstatement - Narcotics conviction.
A. If it is the decision of the State Board of Medical Licensure and Supervision, after considering all the testimony presented, that the defendant is guilty as charged, the Board shall revoke the license of the defendant, and the defendant's rights to practice medicine and surgery. The Board, however, may suspend a license, during which suspension the holder of such suspended license shall not be entitled to practice medicine and surgery thereunder. If during suspension, the defendant practiced medicine or surgery or has been guilty of any act of unprofessional conduct, as defined by the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, the Board may revoke the license of such licensee or place the licensee upon probation for any period of time not less than one (1) year, nor more than five (5) years, or on second offense place the licensee on probation for an indefinite period of time, during which time the licensee's conduct will be kept under observation. The Board, furthermore, may impose on the defendant, as a condition of any suspension or probation, a requirement that the defendant attend and produce evidence of successful completion of a specific term of education, residency, or training in enumerated fields and/or institutions as ordered by the Board based on the facts of the case. The education, residency, or training shall be at the expense of the defendant. The Board may also impose other disciplinary actions as provided for in Section 509.1 of this title. At the end of any term of suspension imposed by the Board, the applicant for reinstatement shall show to the Board successful completion of all conditions and requirements imposed by the Board and demonstrate eligibility for reinstatement.
B. Immediately upon learning that a licensee has been convicted of a felonious violation of a state or federal narcotics law, the Executive Director of the Board shall summarily suspend the license and assign a hearing date for the matter to be presented to the Board.
Added by Laws 1923, c. 59, p. 109, § 26, emerg. eff. March 31, 1923. Amended by Laws 1963, c. 200, § 1, emerg. eff. June 10, 1963; Laws 1987, c. 118, § 26, operative July 1, 1987; Laws 1994, c. 323, § 29, eff. July 1, 1994; Laws 1995, c. 211, § 7, eff. Nov. 1, 1995; Laws 1998, c. 324, § 9, emerg. eff. May 28, 1998.
§59-507. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-508. Revocation for fraud, misrepresentation or mistake - Misdemeanor.
A. Whenever any license has been procured or obtained by fraud or misrepresentation, or was issued by mistake; or if the diploma of graduation in medicine and surgery or any other credentials required as necessary to the admission to the examination for license were obtained by fraud or misrepresentation or were issued by mistake; or if the reciprocity endorsement from another state, upon which a license has been issued in this state, was procured by fraud or misrepresentation, or was issued by mistake, it shall be the duty of the State Board of Medical Licensure and Supervision to take appropriate disciplinary action in the same manner as is provided by the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act for the disciplining of unprofessional conduct.
B. Use of fraudulent information to obtain a license shall be a misdemeanor offense, punishable, upon conviction, by the imposition of a fine of not less than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
Added by Laws 1923, c. 59, p. 110, § 28, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, § 27, operative July 1, 1987; Laws 1994, c. 323, § 30, eff. July 1, 1994; Laws 2002, c. 213, § 3, emerg. eff. May 8, 2002.
§59-508.1. Reinstatement on Board's own motion.
At any time after the Board has revoked or suspended the license to practice medicine or surgery of any person, the Board, upon its own motion and of its own authority and right, may reconsider such order and decision for any reason deemed by it to be sufficient and may, in its discretion, reinstate the license of such person.
Added by Laws 1943, p. 135, § 1, emerg. eff. March 24, 1943. Amended by Laws 1987, c. 118, § 28, operative July 1, 1987; Laws 1994, c. 323, § 31, eff. July 1, 1994.
§59-508.2. Reinstatement on application of person whose license is suspended or revoked.
A. At any time after the expiration of twelve (12) months from the date the license of any person to practice medicine or surgery has been revoked with right to reapply, or at any time after the expiration of six (6) months from the date the license of any person to practice medicine or surgery has been suspended by the State Board of Medical Licensure and Supervision, such person whose license has been so revoked or suspended may file an application with the secretary of the Board, together with an application fee set by the Board, to reinstate the license. A licensee who has had a license revoked, suspended or who has surrendered a license in lieu of prosecution shall not be reinstated and no probation shall be lifted unless the licensee has paid all fines and reimbursements in a manner satisfactory to the Board.
B. The application shall be assigned for hearing at the next regular meeting of the Board following the filing thereof. In addition, the Board may authorize the secretary to hold a hearing on the application at any time. In such cases, the Board shall have the authority and right to reconsider the order and decision of revocation or suspension.
C. For such causes and reasons deemed by it sufficient and for the best interest of the medical profession and the citizens of this state, the Board may reinstate a license of an applicant and issue the order therefor.
D. The Board may negotiate with the licensee a plan of repayment for any fines or other costs that is satisfactory to the Board.
Added by Laws 1943, p. 135, § 2, emerg. eff. March 24, 1943. Amended by Laws 1987, c. 118, § 29, operative July 1, 1987; Laws 1994, c. 323, § 32, eff. July 1, 1994; Laws 2004, c. 523, § 8, emerg. eff. June 9, 2004.
§59-508.3. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-509. Unprofessional conduct - Definition.
The words "unprofessional conduct" as used in Sections 481 through 514 of this title are hereby declared to include, but shall not be limited to, the following:
1. Procuring, aiding or abetting a criminal operation;
2. The obtaining of any fee or offering to accept any fee, present or other form of remuneration whatsoever, on the assurance or promise that a manifestly incurable disease can or will be cured;
3. Willfully betraying a professional secret to the detriment of the patient;
4. Habitual intemperance or the habitual use of habit-forming drugs;
5. Conviction of a felony or of any offense involving moral turpitude;
6. All advertising of medical business in which statements are made which are grossly untrue or improbable and calculated to mislead the public;
7. Conviction or confession of a crime involving violation of:
a. the antinarcotic or prohibition laws and regulations of the federal government,
b. the laws of this state, or
c. State Board of Health rules;
8. Dishonorable or immoral conduct which is likely to deceive, defraud, or harm the public;
9. The commission of any act which is a violation of the criminal laws of any state when such act is connected with the physician's practice of medicine. A complaint, indictment or confession of a criminal violation shall not be necessary for the enforcement of this provision. Proof of the commission of the act while in the practice of medicine or under the guise of the practice of medicine shall be unprofessional conduct;
10. Failure to keep complete and accurate records of purchase and disposal of controlled drugs or of narcotic drugs;
11. The writing of false or fictitious prescriptions for any drugs or narcotics declared by the laws of this state to be controlled or narcotic drugs;
12. Prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship;
13. The violation, or attempted violation, direct or indirect, of any of the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, either as a principal, accessory or accomplice;
14. Aiding or abetting, directly or indirectly, the practice of medicine by any person not duly authorized under the laws of this state;
15. The inability to practice medicine with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this subsection the State Board of Medical Licensure and Supervision may, upon probable cause, request a physician to submit to a mental or physical examination by physicians designated by it. If the physician refuses to submit to the examination, the Board shall issue an order requiring the physician to show cause why the physician will not submit to the examination and shall schedule a hearing on the order within thirty (30) days after notice is served on the physician. The physician shall be notified by either personal service or by certified mail with return receipt requested. At the hearing, the physician and the physician's attorney are entitled to present any testimony and other evidence to show why the physician should not be required to submit to the examination. After a complete hearing, the Board shall issue an order either requiring the physician to submit to the examination or withdrawing the request for examination. The medical license of a physician ordered to submit for examination may be suspended until the results of the examination are received and reviewed by the Board;
16. Prescribing, dispensing or administering of controlled substances or narcotic drugs in excess of the amount considered good medical practice, or prescribing, dispensing or administering controlled substances or narcotic drugs without medical need in accordance with published standards;
17. Engaging in physical conduct with a patient which is sexual in nature, or in any verbal behavior which is seductive or sexually demeaning to a patient;
18. Failure to maintain an office record for each patient which accurately reflects the evaluation, treatment, and medical necessity of treatment of the patient; or
19. Failure to provide necessary ongoing medical treatment when a doctor-patient relationship has been established, which relationship can be severed by either party providing a reasonable period of time is granted.
Added by Laws 1923, c. 59, p. 110, § 29, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 96, § 5, emerg. eff. April 6, 1925; Laws 1973, c. 99, § 1, emerg. eff. May 2, 1973; Laws 1980, c. 208, § 1, emerg. eff. May 30, 1980; Laws 1993, c. 338, § 1, eff. Sept. 1, 1993; Laws 1995, c. 211, § 8, eff. Nov. 1, 1995; Laws 1998, c. 324, § 10, emerg. eff. May 28, 1998; Laws 2004, c. 523, § 9, emerg. eff. June 9, 2004.
§59-509.1. Disciplinary actions.
A. RANGE OF ACTIONS: The State Board of Medical Licensure and Supervision may impose disciplinary actions in accordance with the severity of violation of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act. Disciplinary actions may include, but are not limited to the following:
1. Revocation of the medical license with or without the right to reapply;
2. Suspension of the medical license;
3. Probation;
4. Stipulations, limitations, restrictions, and conditions relating to practice;
5. Censure , including specific redress, if appropriate;
6. Reprimand;
7. A period of free public or charity service;
8. Satisfactory completion of an educational, training, and/or treatment program or programs; and
9. Administrative fines of up to Five Thousand Dollars ($5,000.00) per violation.
Provided, as a condition of disciplinary action sanctions, the Board may impose as a condition of any disciplinary action, the payment of costs expended by the Board for any legal fees and costs and probation and monitoring fees including, but not limited to, staff time, salary and travel expense, witness fees and attorney fees. The Board may take such actions singly or in combination as the nature of the violation requires.
B. LETTER OF CONCERN: The Board may authorize the secretary to issue a letter of concern to a licensee when evidence does not warrant formal proceedings, but the secretary has noted indications of possible errant conduct that could lead to serious consequences and formal action. The letter of concern may contain, at the secretary's discretion, clarifying information from the licensee.
C. EXAMINATION/EVALUATION: The Board may, upon reasonable cause, require professional competency, physical, mental, or chemical dependency examinations of any licensee, including withdrawal and laboratory examination of body fluids.
D. DISCIPLINARY ACTION AGAINST LICENSEES:
1. The Board shall promulgate rules describing acts of unprofessional or unethical conduct by physicians pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act; and
2. Grounds for Action: The Board may take disciplinary action for unprofessional or unethical conduct as deemed appropriate based upon the merits of each case and as set out by rule. The Board shall not revoke the license of a person otherwise qualified to practice allopathic medicine within the meaning of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act solely because the person's practice or a therapy is experimental or nontraditional.
Reports of all disciplinary action provided for in this section will be available to the public upon request.
E. SURRENDER IN LIEU OF PROSECUTION:
1. The Board may accept a surrender of license from a licensee who has engaged in unprofessional conduct in lieu of Board staff prosecuting a pending disciplinary action or filing formal disciplinary proceedings only as provided in this section. To effect such a surrender, the licensee must submit a sworn statement to the Board:
a. expressing the licensee's desire to surrender the license,
b. acknowledging that the surrender is freely and voluntarily made, that the licensee has not been subjected to coercion or duress, and that the licensee is fully aware of the consequences of the license surrender,
c. stating that the licensee is the subject of an investigation or proceeding by the Board or a law enforcement or other regulatory agency involving allegations which, if proven, would constitute grounds for disciplinary action by the Board, and
d. specifically admitting to and describing the misconduct.
2. The sworn written statement must be submitted with the licensee's wallet card and wall certificate. The Secretary or Executive Director of the Board may accept the sworn statement, wallet card and wall certificate from a licensee pending formal acceptance by the Board. The issuance of a complaint and citation by the Board shall not be necessary for the Board to accept a surrender under this subsection. A surrender under this subsection shall be considered disciplinary action by the Board in all cases, even in cases where surrender occurs prior to the issuance of a formal complaint and citation, and shall be reported as disciplinary action by the Board to the public and any other entity to whom the Board regularly reports disciplinary actions.
3. As a condition to acceptance of the surrender, the Board may require the licensee to pay the costs expended by the Board for any legal fees and costs and any investigation, probation and monitoring fees including, but not limited to, staff time, salary and travel expense, witness fees and attorney fees.
4. The licensee whose surrender in lieu of prosecution is accepted by the Board shall be ineligible to reapply for reinstatement of his or her license for at least one (1) year from the date of the accepted surrender.
Added by Laws 1994, c. 323, § 33, eff. July 1, 1994. Amended by Laws 1999, c. 23, § 2, eff. Nov. 1, 1999; Laws 2002, c. 213, § 4, emerg. eff. May 8, 2002; Laws 2004, c. 523, § 10, emerg. eff. June 9, 2004.
§59510. Corporations Firms Practice of medicine.
It shall be the duty of all firms, associations, or corporations engaged in the practice of medicine within the meaning of this act, within the State of Oklahoma, under whatsoever name or designation, before entering the practice thereof, to report in writing to the county clerk of the county in which such business is to be conducted, the names and addresses of all physicians connected therewith who propose to practice medicine and surgery under such name or designation, or in connection therewith, within said county and state; and from time to time thereafter such additional names and addresses as may be added thereto for the purpose of engaging in such practice under such firm name and designation, shall be so reported; Provided, that nothing in this section shall operate or be construed to waive the requirements that each and every member of such firm, association or corporation so practicing medicine and surgery thereunder, shall be duly licensed to practice medicine and surgery in the State of Oklahoma. Any firm, association or corporation, or any member or agent thereof, violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100.00), and each day's practice shall be deemed a separate offense.
Laws 1923, c. 59, p. 111, § 30.
§59-511. Deposit of fees and other monies - Payments from fund - Disposition of balance.
All monies accruing to the Board from fees herein provided for, and from all other sources whatsoever, shall be received by the secretary who shall make deposit thereof with the State Treasurer, who shall place the same in a designated depository fund to the credit of the Board. All salaries and expenses of the Board shall be paid from said depository fund upon proper vouchers approved by the secretary of the Board in the usual manner as the other similar departments of state. It is further provided that, at the end of each fiscal year, the unexpended balance of such funds shall be carried forward and placed to the credit of the Board for the succeeding fiscal year.
Added by Laws 1923, c. 59, p. 112, § 31, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, § 30, operative July 1, 1987; Laws 1994, c. 323, § 34, eff. July 1, 1994.
§59-512. Salary of secretary - Personnel - Investigators - Travel expenses.
The secretary of the State Board of Medical Licensure and Supervision shall be paid an annual salary in an amount fixed by the Board. The Board shall have the authority to expend such funds as are necessary in carrying out the duties of the Board and shall have the authority to hire all necessary personnel, at salaries to be fixed by the Board, as the Board shall deem necessary. The Board shall have the authority to hire attorneys to represent the Board in all legal matters and to assist authorized state and county officers in prosecuting or restraining violations of Section 481 et seq. of this title, and to fix the salaries or per diem of said attorneys.
The Board shall have the authority to hire one or more investigators as may be necessary to carry out the provisions of this act at an annual salary to be fixed by the Board. Such investigators may be commissioned peace officers of this state. In addition such investigators shall have the authority and duty to investigate and inspect the records of all persons in order to determine whether or not the narcotic laws or the dangerous drug laws have been complied with.
The Board is specifically authorized to contract with state agencies or other bodies to perform investigative services at a rate set by the Board.
The Board is authorized to pay the travel expenses of Board employees and members in accordance with the State Travel Reimbursement Act.
The expenditures authorized herein shall not be a charge against the state, but the same shall be paid solely from the Board's depository fund.
Added by Laws 1923, c. 59, p. 112, § 32, emerg. eff. March 31, 1923. Amended by Laws 1970, c. 145, § 3, emerg. eff. April 7, 1970; Laws 1980, c. 159, § 12, emerg. eff. April 2, 1980; Laws 1985, c. 178, § 33, operative July 1, 1985; Laws 1987, c. 118, § 31, operative July 1, 1987; Laws 1994, c. 323, § 35, eff. July 1, 1994; Laws 2002, c. 213, § 5, emerg. eff. May 8, 2002.
§59-513. Quasi-judicial powers of Board - Appeals to Supreme Court - Revocation on conviction of felony - Fugitive from justice.
A. 1. The State Board of Medical Licensure and Supervision is hereby given quasi-judicial powers while sitting as a Board for the purpose of revoking, suspending or imposing other disciplinary actions upon the license of physicians or surgeons of this state, and appeals from its decisions shall be taken to the Supreme Court of this state within thirty (30) days of the date that a copy of the decision is mailed to the appellant, as shown by the certificate of mailing attached to the decision.
2. The license of any physician or surgeon who has been convicted of any felony in or without the State of Oklahoma and whether in a state or federal court, may be suspended by the Board upon the submission thereto of a certified copy of the judgment and sentence of the trial court and the certificate of the clerk of the court of the conviction.
3. Upon proof of a final felony conviction by the courts and after exhaustion of the appellate process, the Board shall revoke the physician's license. If the felony conviction is overturned on appeal and no other appeals are sought, the Board shall restore the license of the physician. Suspension or revocation of the license of any person convicted of a felony on any other grounds than that of moral turpitude or the violation of the federal or state narcotic laws, shall be on the merits of the particular case, but the court records in the trial of such case when conviction has been had shall be prima facie evidence of the conviction.
4. The Board shall also revoke and cancel the license of any physician or surgeon who has been charged in a court of record of this or other states of the United States or in the federal court with the commission of a felony and who is a fugitive from justice, upon the submission of a certified copy of the charge together with a certificate from the clerk of the court that after the commitment of the crime the physician or surgeon fled from the jurisdiction of the court and is a fugitive from justice.
B. To the extent necessary to allow the Board the power to enforce disciplinary actions imposed by the Board, in the exercise of its authority, the Board may punish willful violations of its orders and impose additional penalties as allowed by Section 509.1 of this title.
Added by Laws 1923, c. 59, p. 112, § 33, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 96, § 6, emerg. eff. April 6, 1925; Laws 1935, p. 56, § 2, emerg. eff. May 13, 1935; Laws 1987, c. 118, § 32, operative July 1, 1987; Laws 1994, c. 323, § 36, eff. July 1, 1994; Laws 1998, c. 374, § 3, eff. Nov. 1, 1998; Laws 2004, c. 523, § 11, emerg. eff. June 9, 2004.
§59514. Partial invalidity.
In the event any of the provisions of this act shall be held unconstitutional, the same shall not affect the enforcement of the other provisions hereof.
Laws 1923, c. 59, p. 112, § 34.
§59-515. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-516. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59-517. Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.
§59518. Emergency care or treatment Immunity from civil damages or criminal prosecution.
No person who is a licensed practitioner of a healing art in the State of Oklahoma, who in good faith renders emergency care or treatment at the scene of the emergency, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care or treatment, and no person who is a licensed practitioner of a healing art in the State of Oklahoma shall be prosecuted under the criminal statutes of this state for treatment of a minor without the consent of a minor's parent or guardian when such treatment was performed under emergency conditions and in good faith.
Laws 1961, p. 458, § 1; Laws 1967, c. 57, § 1; Laws 1968, c. 405, § 1, emerg. eff. May 17, 1968.
§59-519. Repealed by Laws 1993, c. 289, § 12, emerg. eff. June 3, 1993.
§59-519.1. Short title.
The provisions of this act shall be known and may be cited as the "Physician Assistant Act".
Added by Laws 1993, c. 289, § 1, emerg. eff. June 3, 1993.
§59-519.2. Definitions.
As used in the Physician Assistant Act:
1. "Board" means the State Board of Medical Licensure and Supervision;
2. "Committee" means the Physician Assistant Committee;
3. "Health care services" means services which require training in the diagnosis, treatment and prevention of disease, including the use and administration of drugs, and which are performed by physician assistants under the supervision and at the direction of physicians. Such services include, but are not limited to:
a. initially approaching a patient of any age group in a patient care setting to elicit a detailed history, performing a physical examination, delineating problems and recording the data,
b. assisting the physician in conducting rounds in acute and long-term inpatient care settings, developing and implementing patient management plans, recording progress notes and assisting in the provision of continuity of care in other patient care settings,
c. ordering, performing or interpreting, at least to the point of recognizing deviations from the norm, common laboratory, radiological, cardiographic and other routine diagnostic procedures used to identify pathophysiologic processes,
d. ordering or performing routine procedures such as injections, immunizations, suturing and wound care, and managing simple conditions produced by infection, trauma or other disease processes,
e. assisting in the management of more complex illness and injuries, which may include assisting surgeons in the conduct of operations and taking initiative in performing evaluation and therapeutic procedures in response to life-threatening situations,
f. instructing and counseling patients regarding compliance with prescribed therapeutic regimens, normal growth and development, family planning, emotional problems of daily living and health maintenance,
g. facilitating the referral of patients to the community's health and social service agencies when appropriate, and
h. providing health care services which are delegated by the supervising physician when the service:
(1) is within the physician assistant's skill,
(2) forms a component of the physician's scope of practice, and
(3) is provided with supervision, including authenticating with the signature any form that may be authenticated by the supervising physician's signature with prior delegation by the physician.
Nothing in the Physician Assistant Act shall be construed to permit physician assistants to provide health care services independent of physician supervision;
4. "Patient care setting" means a physician's office, clinic, hospital, nursing home, extended care facility, patient's home, ambulatory surgical center or any other setting authorized by the supervising physician;
5. "Physician assistant" means a health care professional, qualified by academic and clinical education and licensed by the State Board of Medical Licensure and Supervision, to provide health care services in any patient care setting at the direction and under the supervision of a physician or group of physicians;
6. "Physician Assistant Drug Formulary" means a list of drugs and other medical supplies, approved by the State Board of Medical Licensure and Supervision after consultation with the State Board of Pharmacy, that physician assistants are permitted to prescribe and order under the direction of their supervising physicians;
7. "Remote patient care setting" means an outpatient clinic or physician's office that qualifies as a Rural Health Clinic, a Federally Qualified Health Center, a nonprofit community-based health center, or any other patient care setting approved by the State Board of Medical Licensure and Supervision, and that provides service to a medically underserved population, as defined by the appropriate government agency;
8. "Supervising physician" means an individual holding a license as a physician from the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners, who supervises physician assistants;
9. "Supervision" means overseeing and accepting the responsibility for the health care services performed by a physician assistant; and
10. "Application to practice" means a written description that defines the scope of practice and the terms of supervision of a physician assistant in a medical practice.
Added by Laws 1993, c. 289, § 2, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, § 1, emerg. eff. April 7, 1997; Laws 1998, c. 128, § 2, eff. Nov. 1, 1998; Laws 2001, c. 385, § 2, eff. Nov. 1, 2001.
§59-519.3. Physician Assistant Committee - Powers and duties.
A. There is hereby created the Physician Assistant Committee, which shall be composed of seven (7) members. Two members of the Committee shall be physician assistants appointed by the State Board of Medical Licensure and Supervision from a list of qualified individuals submitted by the Oklahoma Academy of Physician Assistants. One member shall be a physician appointed by the Board from its membership. One member shall be a physician appointed by the Board from a list of qualified individuals submitted by the Oklahoma State Medical Association and who is not a member of the Board. One member shall be a physician appointed by the State Board of Osteopathic Examiners from its membership. One member shall be a physician appointed by the State Board of Osteopathic Examiners from a list of qualified individuals submitted by the Oklahoma Osteopathic Association and who is not a member of said board. One member shall be a licensed pharmacist appointed by the Board of Pharmacy.
B. The term of office for each member of the Committee shall be five (5) years. Provided, of those members initially appointed to the Committee by the Board, two shall serve three-year terms and two shall serve five-year terms, as designated by the Board; of those members initially appointed to the Committee by the State Board of Osteopathic Examiners, one shall serve a two-year term and one shall serve a four-year term, as designated by said board; and the member initially appointed by the Board of Pharmacy shall serve a five-year term.
C. The Committee shall meet at least quarterly. At the initial meeting of the Committee, members shall elect a chair. The chair shall represent the Committee at all meetings of the Board. Four members shall constitute a quorum for the purpose of conducting official business of the Committee.
D. The State Board of Medical Licensure and Supervision is hereby granted the power and authority to promulgate rules, which are in accordance with the provisions of Section 519.1 et seq. of this title, governing the requirements for licensure as a physician assistant, as well as to establish standards for training, approve institutions for training, and regulate the standards of practice of a physician assistant after licensure, including the power of revocation of a license.
E. The State Board of Medical Licensure and Supervision is hereby granted the power and authority to investigate all complaints, hold hearings, subpoena witnesses and initiate prosecution concerning violations of Section 519.1 et seq. of this title. When such complaints involve physicians licensed by the State Board of Osteopathic Examiners, the State Board of Osteopathic Examiners shall be officially notified of such complaints.
F. 1. The Committee shall advise the Board on matters pertaining to physician assistants, including, but not limited to:
a. educational standards required to practice as a physician assistant,
b. licensure requirements required to practice as a physician assistant,
c. methods and requirements to assure the continued competence of physician assistants after licensure,
d. the drugs and other medical supplies for which physician assistants are permitted to prescribe and order under the direction of their supervising physicians,
e. the grounds for revocation or suspension of a license for a physician assistant,
f. education and experience requirements to receive approval to practice in remote patient care settings, and
g. all other matters which may pertain to the practice of physician assistants.
2. The Committee shall review and make recommendations to the Board on all applications for licensure as a physician assistant and all applications to practice which shall be approved by the Board. When considering applicants for licensure, to establish standards of training or approve institutions for training, the Committee shall include the Director, or designee, of all Physician Assistant educational programs conducted by institutions of higher education in the state as members.
3. The Committee shall assist and advise the Board in all hearings involving physician assistants who are deemed to be in violation of Section 519.1 et seq. of this title or the rules of the Board.
Added by Laws 1993, c. 289, § 3, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, § 2, emerg. eff. April 7, 1997; Laws 1998, c. 128, § 3, eff. Nov. 1, 1998.
§59-519.4. Licensure requirements.
To be eligible for licensure as a physician assistant pursuant to the provisions of Section 519.1 et seq. of this title an applicant shall:
1. Be of good moral character;
2. Have graduated from an accredited physician assistant program recognized by the State Board of Medical Licensure and Supervision; and
3. Successfully pass an examination for physician assistants recognized by the Board.
Added by Laws 1993, c. 289, § 4, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, § 3, emerg. eff. April 7, 1997.
§59-519.5. Repealed by Laws 1998, c. 128, § 7, eff. Nov. 1, 1998.
§59-519.6. Filing of application to practice - Services performed - Display and inspection of license.
A. No health care services may be performed by a physician assistant unless a current application to practice, jointly filed by the supervising physician and physician assistant, is on file with and approved by the State Board of Medical Licensure and Supervision. The application shall include a description of the physician's practice, methods of supervising and utilizing the physician assistant, and names of alternate supervising physicians who will supervise the physician assistant in the absence of the primary supervising physician.
B. The supervising physician need not be physically present nor be specifically consulted before each delegated patient care service is performed by a physician assistant, so long as the supervising physician and physician assistant are or can be easily in contact with one another by radio, telephone or other means of telecommunication. In all patient care settings, the supervising physician shall provide appropriate methods of supervising the health care services provided by the physician assistant including:
a. being responsible for the formulation or approval of all orders and protocols, whether standing orders, direct orders or any other orders or protocols, which direct the delivery of health care services provided by a physician assistant, and periodically reviewing such orders and protocols,
b. regularly reviewing the health care services provided by the physician assistant and any problems or complications encountered,
c. being available physically or through direct telecommunications for consultation, assistance with medical emergencies or patient referral, and
d. being on-site to provide medical care to patients a minimum of one-half (1/2) day per week. Additional on-site supervision may be required at the recommendation of the Physician Assistant Committee and approved by the Board; and
e. that it remains clear that the physician assistant is an agent of the supervising physician; but, in no event shall the supervising physician be an employee of the physician assistant.
C. In patients with newly diagnosed chronic or complex illnesses, the physician assistant shall contact the supervising physician within forty-eight (48) hours of the physician assistant's initial examination or treatment and schedule the patient for appropriate evaluation by the supervising physician as directed by the physician.
D. 1. A physician assistant under the direction of a supervising physician may prescribe written and oral prescriptions and orders. The physician assistant may prescribe drugs, including controlled medications in Schedules II through V pursuant to Section 2-312 of Title 63 of the Oklahoma Statutes, and medical supplies and services as delegated by the supervising physician and as approved by the State Board of Medical Licensure and Supervision after consultation with the State Board of Pharmacy on the Physician Assistant Drug Formulary.
2. A physician assistant may write an order for a Schedule II drug for immediate or ongoing administration on site. Prescriptions and orders for Schedule II drugs written by a physician assistant must be included on a written protocol determined by the supervising physician and approved by the medical staff committee of the facility or by direct verbal order of the supervising physician. Physician assistants may not dispense drugs, but may request, receive, and sign for professional samples and may distribute professional samples to patients.
E. A physician assistant may perform health care services in patient care settings as authorized by the supervising physician.
F. A physician assistant shall obtain approval from the State Board of Medical Licensure and Supervision prior to practicing in remote patient care settings. Such approval requires documented experience in providing a comprehensive range of primary care services, under the direction of a supervising physician, for at least one (1) year prior to practicing in such settings and such other requirement as the Board may require. The Board is granted the authority to waive this requirement for those applicants possessing equivalent experience and training as recommended by the Committee.
G. Each physician assistant licensed under the Physician Assistant Act shall keep his or her license available for inspection at the primary place of business and shall, when engaged in professional activities, identify himself or herself as a physician assistant.
Added by Laws 1993, c. 289, § 6, emerg. eff. June 3, 1993. Amended by Laws 1998, c. 128, § 4, eff. Nov. 1, 1998; Laws 2001, c. 385, § 3, eff. Nov. 1, 2001.
§59-519.7. Temporary approval of a license and application to practice.
The Secretary of the State Board of Medical Licensure and Supervision is authorized to grant temporary approval of a license and application to practice to any physician and physician assistant who have jointly filed a license and application to practice which meets the requirements set forth by the Board. Such temporary approval to practice shall be reviewed at the next regularly scheduled meeting of the Board. The temporary approval may be approved, extended or rejected by the Board. If rejected, the temporary approval shall expire immediately.
Added by Laws 1993, c. 289, § 7, emerg. eff. June 3, 1993. Amended by Laws 2001, c. 385, § 4, eff. Nov. 1, 2001.
§59-519.8. License renewal - Fees.
A. Licenses issued to physician assistants shall be renewed annually on a date determined by the State Board of Medical Licensure and Supervision. Each application for renewal shall document that the physician assistant has earned at least twenty (20) hours of continuing medical education during the preceding calendar year.
B. The Board shall promulgate, in the manner established by its rules, fees for the following:
1. Initial licensure;
2. License renewal;
3. Late license renewal;
4. Application to practice; and
5. Disciplinary hearing.
Added by Laws 1993, c. 289, § 8, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, § 5, emerg. eff. April 7, 1997.
§59-519.9. Preexisting certificates.
Any person who holds a certificate as a physician assistant from the State Board of Medical Licensure and Supervision prior to June 3, 1993, shall be granted licensure as a physician assistant under the provisions of Section 519.1 et seq. of this title.
Added by Laws 1993, c. 289, § 9, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 250, § 14, eff. Nov. 1, 1997.
NOTE: Laws 1997, c. 47, § 6 repealed by Laws 1997, c. 250, § 15, eff. Nov. 1, 1997.
§59-519.10. Violations - Penalties.
Any person who holds herself or himself out as a physician assistant or uses the title "Physician Assistant" without being licensed, or who otherwise violates the provisions of Section 519.1 et seq. of this title shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), by imprisonment in the county jail for not less than five (5) days, nor more than thirty (30) days, or by both such fine and imprisonment. Each day of a violation of the provisions of Section 519.1 et seq. of this title shall constitute a separate and distinct offense. Conviction shall also be grounds for the suspension or revocation of the license of a duly licensed physician assistant.
Added by Laws 1993, c. 289, § 10, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, § 7, emerg. eff. April 7, 1997.
§59-519.11. Construction of act.
A. Nothing in this act shall be construed to prevent or restrict the practice, services or activities of any persons of other licensed professions or personnel supervised by licensed professions in this state from performing work incidental to the practice of their profession or occupation, if that person does not represent himself as a physician assistant.
B. Nothing stated in this act shall prevent any hospital from requiring the physician assistant and/or the supervising physician to meet and maintain certain staff appointment and credentialling qualifications for the privilege of practicing as, or utilizing, a physician assistant in the hospital.
C. Nothing in this act shall be construed to permit a physician assistant to practice medicine or prescribe drugs and medical supplies in this state except when such actions are performed under the supervision and at the direction of a physician approved by the State Board of Medical Licensure and Supervision.
Added by Laws 1993, c. 289, § 11, emerg. eff. June 3, 1993.
§59-520. Repealed by Laws 1993, c. 289, § 12, emerg. eff. June 3, 1993.
§59521. Exceptions.
No health care services may be performed under this act in any of the following areas:
(a) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive states of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof.
(b) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training or orthoptics.
(c) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.
Nothing in this section shall preclude the performance of routine visual screening.
Laws 1972, c. 220, § 3, emerg. eff. April 7, 1972.
§59-522. Repealed by Laws 1993, c. 289, § 12, emerg. eff. June 3, 1993.
§59-523. Repealed by Laws 1993, c. 289, § 12, emerg. eff. June 3, 1993.
§59524. Abortion Infant prematurely born alive Right to medical treatment.
The rights to medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant of similar medical status prematurely born.
Laws 1977, c. 10, § 1, emerg. eff. March 11, 1977.
§59525. Short title.
This act shall be known and may be cited as the "Oklahoma Athletic Trainers Act".
Laws 1981, c. 150, § 1, operative July 1, 1981.
§59526. Definitions.
As used in the Oklahoma Athletic Trainers Act:
1. "Athletic trainer" means a person with the qualifications specified in Section 530 of this title, whose major responsibility is the rendering of professional services for the prevention, emergency care, first aid and treatment of injuries incurred by an athlete by whatever methods are available, upon written protocol from the team physician or consulting physician to effect care, or rehabilitation;
2. "Apprentice athletic trainer" means a person who assists in the duties usually performed by an athletic trainer under the direct supervision of a licensed athletic trainer;
3. "Board" means the State Board of Medical Licensure and Supervision; and
4. "Committee" means the Athletic Trainers Advisory Committee.
Added by Laws 1981, c. 150, § 2, operative July 1, 1981. Amended by Laws 1987, c. 118, § 37, operative July 1, 1987; Laws 1996, c. 201, § 1, eff. July 1, 1996.
§59527. License required.
No person shall hold himself or herself out as an athletic trainer without firstbeing licensed under the provisions of this act.
Laws 1981, c. 150, § 3, operative July 1, 1981.
§59528. Board Powers and duties.
The Board, acting upon the advice of the Committee, shall issue all licenses required by this act, and shall exercise the following powers and duties:
1. To make rules and regulations deemed necessary to implement the provisions of this act;
2. To prescribe application forms for license applicants, license certificate forms and such other forms as necessary to implement the provisions of this act;
3. To establish guidelines for athletic trainers in this state;
4. To prepare and conduct an examination for applicants for licensure under this act;
5. To keep a complete record of all licensed athletic trainers and to prepare an official listing of the names and addresses of all licensed athletic trainers which shall be kept current. A copy of such listing shall be available to any person requesting it upon payment of a copying fee established by the Board;
6. To keep a permanent record of all proceedings under this act;
7. To employ and establish the duties of clerical personnel necessary to carry out the provisions of this act; and
8. To conduct hearings to deny, revoke, suspend or refuse renewal of licenses under this act, and to issue subpoenas to compel witnesses to testify or produce evidence at such hearings in accordance with the Administrative Procedures Act.
Laws 1981, c. 150, § 4, operative July 1, 1981.
§59529. Athletic Trainers Advisory Committee.
There is hereby created the Athletic Trainers Advisory Committee, to be composed of five (5) members to be appointed by the State Board of Medical Licensure and Supervision. To qualify as a member, a person must be a citizen of the United States and a resident of Oklahoma for five (5) years immediately preceding appointment. Two members shall be licensed athletic trainers, except for the initial appointees, and two members shall be physicians licensed by the state and one member shall be a member of the Oklahoma Coaches Association who shall be selected by the Board of the Association. Except for the initial appointees, members shall hold office for terms of six (6) years. In the event of death, resignation or removal of any member, the vacancy of the unexpired term shall be filled by the Board in the same manner as other appointments. The Athletic Trainers Advisory Committee shall assist the Board in conducting examinations for applicants and shall advise the Board on all matters pertaining to the licensure of athletic trainers. Members of the Committee shall be reimbursed for expenses incurred while performing their duties under the provisions of this act in accordance with the State Travel Reimbursement Act.
Amended by Laws 1987, c. 118, § 38, operative July 1, 1987.
§59530. Qualifications of applicants Applications Examination fee Apprentice athletic trainers license.
A. An applicant to be eligible for an athletic trainer license must meet one of the following qualifications:
1. Has successfully completed the athletic training curriculum requirements of an accredited college or university approved by the Board and provide proof of graduation;
2. Be licensed or certified in physical therapy and has spent at least eight hundred (800) hours working under the direct supervision of a licensed athletic trainer; or
3. Holds a fouryear degree from an accredited college or university and has completed at least two (2) consecutive years of supervision, military duty excepted, as an apprentice athletic trainer under the direct supervision of a licensed athletic trainer. B. An applicant for an athletic trainer license shall submit an application to the Board and submit the required examination fee. The applicant is entitled to an athletic trainer license if he is qualified as provided in subsection A of this section, satisfactorily completes the examination administered by the Board, pays the applicable license fee, and has not committed an act which constitutes grounds for denial of a license under Section 8 of this act.
C. An applicant for an apprentice athletic trainer license must submit an application to the Board accompanied by a written commitment to supervise signed by the licensed athletic trainer who will be supervising the applicant. The Board may require the taking of an apprentice athletic trainer license examination, which would be administered without cost to the applicant. Fees for such examination may be established by the Board.
Laws 1981, c. 150, § 6, operative July 1, 1981.
§59531. Expiration of license Renewal License fees.
A. A license issued pursuant to this act expires one (1) year from the date of issuance. Licenses shall be renewed according to procedures established by the Board and upon payment of the renewal fee.
B. License fees shall be established by the Board:
1. An athletic trainer examination fee of Twenty Dollars ($20.00) for each examination taken;
2. An athletic trainer license fee of Twentyfive Dollars ($25.00);
3. An athletic trainer annual license renewal fee of Ten Dollars ($10.00); and
4. An apprentice athletic trainer license fee of Five Dollars ($5.00).
Laws 1981, c. 150, § 7, operative July 1, 1981.
§59532. Denial, suspension or revocation of license.
A. The Board may refuse to issue a license to an applicant or may suspend or revoke the license of any licensee if he has:
1. Been convicted of a felony or a misdemeanor involving moral turpitude;
2. Secured the license by fraud or deceit; or
3. Violated or conspired to violate the provisions of this act or rules and regulations issued pursuant to this act.
B. Procedures for denial, suspension or revocation of a license shall be governed by the Administrative Procedures Act.
Laws 1981, c. 150, § 8, operative July 1, 1981.
§59533. Violation of act Penalty.
Violation of any provision of this act shall be a misdemeanor and conviction shall be punishable by a fine of not less than Twentyfive Dollars ($25.00) nor more than Two Hundred Dollars ($200.00).
Laws 1981, c. 150, § 9, operative July 1, 1981.
§59-534. Persons actively engaged as athletic trainers exempted from qualifications - Misrepresentations - Voluntary prevention, emergency care or first aid services.
A. Any person actively engaged as an athletic trainer in this state on the effective date of this act shall, within six (6) months of that date, be issued a license if proof is submitted of five (5) years' experience as an athletic trainer within the preceding tenyear period, and the license fee required by the Oklahoma Athletic Trainers Act is paid. Nothing herein shall be construed to require any educational institution or other bona fide athletic organization to use the services of a licensed athletic trainer.
B. Athletic trainers shall not misrepresent in any manner, either directly or indirectly, their skills, training, professional credentials, identity or services.
C. Any person, as authorized in accordance with Section 5 of Title 76 of the Oklahoma Statutes, may offer prevention, emergency care or first aid services on a voluntary, uncompensated basis, to any amateur or group at an amateur athletic event.
Added by Laws 1981, c. 150, § 10, operative July 1, 1981. Amended by Laws 1996, c. 201, § 2, eff. July 1, 1996.
§59535. Practice of medicine unauthorized Exemptions from act.
A. Nothing herein shall be construed to authorize the practice of medicine by any person. The provisions of this act do not apply to physicians licensed as such by the State Board of Medical Licensure and Supervision; to dentists, duly qualified and registered under the laws of this state who confine their practice strictly to dentistry as defined by this title; nor to licensed optometrists who confine their practice strictly to optometry as defined by law; nor to licensed chiropractic physicians who confine their practice strictly to chiropractic as defined by law; nor to licensed osteopathic physicians or osteopathic physicians and surgeons who confine their practice strictly to osteopathy as defined by law; nor to occupational therapists who confine their practice to occupational therapy as defined by this title; nor to nurses who practice nursing only as defined by this title; nor to duly licensed podiatric physicians who confine their practice strictly to podiatric medicine as defined by law; nor to physical therapists who confine their practice to physical therapy as defined by this title; nor to masseurs or masseuses in their particular sphere of labor; nor to commissioned or contract physicians or physical therapists or physical therapists' assistants in the United States Army, Navy, Air Force, Public Health and Marine Health Services.
B. The provisions of this act shall not apply to persons coming into this state for a specific athletic event or series of athletic events with an individual or group not based in this state.
Laws 1981, c. 150, § 11, operative July 1, 1981; Laws 1987, c. 118, § 39, operative July 1, 1987; Laws 1995, c. 207, § 3, eff. Nov. 1, 1995.
§59536.1. Short title.
Sections 1 through 11 of this act shall be known and may be cited as the "Registered Electrologist Act".
Added by Laws 1985, c. 151, § 1, operative July 1, 1985.
§59536.2. Definitions.
As used in the Registered Electrologist Act:
1. "Board" means the State Board of Medical Licensure and Supervision;
2. "Committee" means the Advisory Committee of Registered Electrologists;
3. "Electrolysis" means the practice of using an electrosurgical apparatus to accomplish permanent hair removal by inserting electric current into the hair follicle thereby destroying living tissue and germinative hair cells; and
4. "Registered Electrologist" means a person licensed to practice electrolysis pursuant to the Registered Electrologist Act.
Added by Laws 1985, c. 151, § 2, operative July 1, 1985. Amended by Laws 1987, c. 118, § 40, operative July 1, 1987.
§59536.3. Transfer of funds, records, etc.
On or before August 1, 1985, all monies, funds, records, equipment, furniture and fixtures, files and supplies now subject to the jurisdiction and control of the State Board of Electrology are hereby transferred to the State Board of Medical Licensure and Supervision. Any other outstanding obligation or function remaining to be performed by the State Board of Electrology shall be performed by the State Board of Medical Licensure and Supervision.
Added by Laws 1985, c. 151, § 3, operative July 1, 1985. Amended by Laws 1987, c. 118, § 41, operative July 1, 1987.
§59536.4. Board Powers and duties.
The Board, acting upon the advice of the Committee, shall issue all licenses required by the Registered Electrologist Act, and shall exercise the following powers and duties:
1. To make rules and regulations deemed necessary to implement the provisions of the Registered Electrologist Act;
2. To prescribe application forms for license applicants, license certificate forms and such other forms as necessary to implement the provisions of the Registered Electrologist Act;
3. To establish a curriculum of study for licensure in the practice of electrolysis in this state;
4. To prepare and conduct an examination for applicants for licensure pursuant to the Registered Electrologist Act;
5. To keep a complete record of all licensed electrologists and to prepare an official listing of the names and addresses of all licensed electrologists which shall be kept current. A copy of such listing shall be available to any person requesting it upon payment of a copying fee established by the Board;
6. To keep a permanent record of all proceedings pursuant to the Registered Electrologist Act;
7. To employ and establish the duties of clerical personnel necessary to carry out the provisions of the Registered Electrologist Act;
8. To conduct hearings to deny, revoke, suspend or refuse renewal of licenses under the Registered Electrologist Act, and to issue subpoenas to compel witnesses to testify or produce evidence at such hearings in accordance with the Administrative Procedures Act; and
9. To set the fees imposed by the provisions of the Registered Electrologist Act in amounts that are adequate to collect sufficient revenue to meet the expenses necessary to perform their duties without accumulating an unnecessary surplus.
Added by Laws 1985, c. 151, § 4, operative July 1, 1985.
§59536.5. Advisory Committee of Registered Electrologists.
A. There is hereby created the Advisory Committee of Registered Electrologists. The Committee shall consist of three (3) members appointed by the Board. The Board may appoint the Committee members from a list of six (6) persons submitted annually by the Oklahoma State Electrologists' Association. Said persons shall have been licensed electrologists for more than three (3) years, and at the time, residents of this state and actively engaged in the practice of electrolysis as herein defined. No person shall be appointed to the Committee who has been convicted of any felony or any crime involving moral turpitude.
B. The terms of the members shall be for three (3) years and until their successors are appointed and qualify. Provided however, of those first appointed, one shall serve for one (1) year, one shall serve for two (2) years, and one shall serve for three (3) years. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The Board, after notice and opportunity for hearing, may remove any member of the Committee for neglect of duty, incompetence, revocation or suspension of his electrolysis license, or other dishonorable conduct.
C. No member of the Committee shall be a stockholder in or a member of the faculty or board of trustees of any school teaching electrolysis or engaged in the training of electrologists.
D. Members of the Committee shall elect from their number a chairperson. Special meetings of the Committee shall be called by the chairperson on the written request of any three (3) members. The Committee may recommend to the Board the adoption of rules necessary to govern its proceedings and implement the purposes of the Registered Electrologist Act.
E. Each member of the Committee shall be reimbursed for his reasonable and necessary expenses as provided for in the State Travel Reimbursement Act.
59536.6 Use of titles and abbreviations.
A. No person shall practice electrolysis or hold himself out as an electrologist, or use the title "Electrologist", or "Registered Electrologist", or the initials "R.E." or "L.E.", in this state, unless he is licensed in accordance with the provisions of the Registered Electrologist Act. No other person shall in any way, orally or in writing, in print, or by sign or transmission of sound or sight, directly or by implication, represent himself as an electrologist. Such misrepresentation, upon conviction, shall constitute a misdemeanor and shall be punishable as provided in the Registered Electrologist Act.
B. Nothing in the Registered Electrologist Act shall prohibit any person in the healing arts in this state under any other act from engaging in the practice for which he is duly licensed.
Added by Laws 1985, c. 151, § 5, operative July 1, 1985.
§59536.7. Qualifications for licensure Evidence Examination Nonresidents Continuing education Renewal of license.
A. On and after July 1, 1985, a licensed electrologist shall consist of all persons who are currently licensed by the State Board of Electrology, and all persons over twenty-one (21) years of age who are of good moral character, and who have satisfactorily passed all examinations before the State Board of Medical Licensure and Supervision, as herein created. On and after July 1, 1985, all applicants for licensure as electrologists shall be required to furnish to the Board the following evidence:
1. Possess a baccalaureate degree from an accredited college or university, with a major course of study and the satisfactory completion of college courses as determined by the Board pursuant to its rulemaking authority;
2. Have successfully completed a curriculum of study established by the Board; and
3. Have completed an internship or preplanned professional experience program approved by the Board.
B. To qualify for a license, an applicant shall pass an examination prepared by the Board. The examination, as authorized by the Registered Electrologist Act, shall be in the English language. The examination shall include the subjects required in subsection A of this section as well as dermatology, hygiene, sterilization, electricity and electrolysis (theory and practice).
C. If based on rules and criteria established by the Board, the examinee successfully passes the examination, the examinee shall be entitled to receive from the Board a license to practice electrolysis for the remainder of that calendar year. Each license shall be signed by the chairperson of the Committee or his designee and the secretarytreasurer of the Board and shall bear the seal of the Board.
D. The Board may issue a license to an applicant from another state who has met the requirements established by the Registered Electrologist Act. Such applicant to be licensed in this state shall provide proof of licensure in good standing in another state at the time of making application for licensure in this state.
E. The Board may establish continuing education requirements to facilitate the maintenance of current practice skills of all persons licensed pursuant to the Registered Electrologist Act.
F. The Board shall meet at least three (3) times per calendar year for the purpose of examining applicants for licensure and training, and transacting other business as may be necessary. Such meetings shall be held at the office of the Board.
G. Every person licensed pursuant to the Registered Electrologist Act who desires to continue the practice of lectrolysis shall annually, on or before the 31st day of December of each year, make application for renewal of said license and shall pay fees established by the Board.
H. If any person fails to renew his license within thirty (30) days from the date same becomes due, the license of such person shall become inactive and, in order to have such license reinstated, it shall be necessary for such person to apply to the Board as provided in the Registered Electrologist Act and to meet the requirements established by the Board for reinstatement.
Added by Laws 1985, c. 151, § 7, operative July 1, 1985. Amended by Laws 1987, c. 118, § 42, operative July 1, 1987; Laws 2002, c. 166, § 1, emerg. eff. May 6, 2002.
§59536.8. Registration of license Display Surrender.
A. Every person who is licensed pursuant to the provisions of the Registered Electrologist Act and who is licensed to practice electrolysis in this state shall register the license with the county clerk of the county in which said person has legal residence. The county clerk to whom such license is presented shall register the name and address of the person designated in the license, together with the date and the number inscribed thereon, which record shall be open to the public, and shall file with the Board annually, during the month of February, a notice of the record so made.
B. Every person who is licensed pursuant to the provisions of the Registered Electrologist Act to practice electrolysis in this state shall keep said license displayed in his place of business as long as he is engaged in the practice of electrolysis. The receipt for the annual renewal of license shall be kept at such person's place of business and shall be shown to any person requesting to see the same. The licensee shall keep the Board informed of his current address. A license issued by the Board is the property of the Board and shall be surrendered on demand of the Board.
Added by Laws 1985, c. 151, § 8, operative July 1, 1985.
§59536.9. Suspension or revocation of license.
A. The Board may suspend or revoke the license of any person authorized to practice electrolysis pursuant to the provisions of the Registered Electrologist Act upon proof that the licensee:
1. Has used fraud or deception in applying for a license or in passing the examination provided for in the Registered Electrologist Act;
2. Has been guilty of unprofessional conduct defined by the rules established by the Board or has violated the Code of Ethics adopted by the Board;
3. Has been guilty of fraud or deceit in connection with services rendered as an electrologist;
4. Has been grossly negligent in the practice of his profession; or
5. Has willfully violated any of the provisions of the Registered Electrologist Act or any regulation adopted hereunder.
B. No suspension or revocation shall be made until such person appears before the Board for a hearing. Proceedings for the suspension or revocation of a license are governed by rules and regulations of the Board and by the Administrative Procedures Act.
Added by Laws 1985, c. 151, § 9, operative July 1, 1985.
§59536.10. Personnel and facilities.
A. The basic personnel and necessary facilities which are required to administer the Registered Electrologist Act shall be the personnel and facilities of the Board. The Board personnel shall act as agents of the Committee. If necessary for the administration or implementation of the Registered Electrologist Act, the Board may secure and provide for compensation for services that the Board considers necessary and may employ and compensate within available resources professional consultants, technical assistants, and employees on a fulltime or parttime basis.
B. The Board shall maintain the records of all licensed electrologists, process all applications for licensure for review by the Committee, and investigate all complaints deemed to be appropriate allegations of violations of the Registered Electrologist Act.
C. The Board shall employ such staff, equipment, and supplies as are necessary to carry out administrative and investigative functions required to maintain and support the objectives of the Committee in exercising its duties as prescribed by the Registered Electrologist Act.
Added by Laws 1985, c. 151, § 10, operative July 1, 1985.
§59536.11. Violation of act Penalties.
On and after July 1, 1985, any person who practices electrolysis in violation of the provisions of the Registered Electrologist Act, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and costs. Each day of such violation shall constitute a separate offense.
Added by Laws 1985, c. 151, § 11, operative July 1, 1985.
§59567.1. Title of act.
This act shall be known and may be cited as the Oklahoma Nursing Practice Act.
Laws 1953, p. 265, § 1.
§59-567.2. Declaration of public interest - Liberal construction of act.
A. 1. The education, certification and licensure of registered and licensed practical nurses or advanced unlicensed assistive persons, and the practice of registered or practical nursing or advanced unlicensed assistance in this state is hereby declared to affect the public health, safety and welfare and, in the public interest, is therefore subject to regulation and control by the Oklahoma Board of Nursing.
2. It is further declared to be a matter of public interest and concern that the education of nurses and advanced unlicensed assistive persons, as such terms are defined in the Oklahoma Nursing Practice Act, and the practice of nursing and advanced unlicensed assistance merit and receive the confidence of the public and that only qualified persons be authorized to practice in this state.
3. The Board shall promulgate rules to identify the essential elements of education and practice necessary to protect the public.
B. The provisions of the Oklahoma Nursing Practice Act shall be liberally construed to best carry out these requirements and purposes.
Added by Laws 1953, p. 265, § 2, emerg. eff. April 13, 1953. Amended by Laws 1967, c. 42, § 1, emerg. eff. March 28, 1967; Laws 1991, c. 104, § 1, eff. Sept. 1, 1991; Laws 1994, c. 97, § 1, eff. July 1, 1994; Laws 1996, c. 186, § 3, eff. Nov. 1, 1996; Laws 2001, c. 254, § 1, eff. Nov. 1, 2001.
§59-567.3. Repealed by Laws 1991, c. 104, § 14, eff. Sept. 1, 1991.
§59-567.3a. Definitions.
As used in the Oklahoma Nursing Practice Act:
1. "Board" means the Oklahoma Board of Nursing;
2. "The practice of nursing" means the performance of services provided for purposes of nursing diagnosis and treatment of human responses to actual or potential health problems consistent with educational preparation. Knowledge and skill are the basis for assessment, analysis, planning, intervention, and evaluation used in the promotion and maintenance of health and nursing management of illness, injury, infirmity, restoration or optimal function, or death with dignity. Practice is based on understanding the human condition across the human lifespan and understanding the relationship of the individual within the environment. This practice includes execution of the medical regime including the administration of medications and treatments prescribed by any person authorized by state law to so prescribe;
3. "Registered nursing" means the practice of the full scope of nursing which includes, but is not limited to:
a. assessing the health status of individuals, families and groups,
b. analyzing assessment data to determine nursing care needs,
c. establishing goals to meet identified health care needs,
d. planning a strategy of care,
e. establishing priorities of nursing intervention to implement the strategy of care,
f. implementing the strategy of care,
g. delegating such tasks as may safely be performed by others, consistent with educational preparation and that do not conflict with the provisions of the Oklahoma Nursing Practice Act,
h. providing safe and effective nursing care rendered directly or indirectly,
i. evaluating responses to interventions,
j. teaching the principles and practice of nursing,
k. managing and supervising the practice of nursing,
l. collaborating with other health professionals in the management of health care,
m. performing additional nursing functions in accordance with knowledge and skills acquired beyond basic nursing preparation, and
n. delegating those nursing tasks as defined in the rules of the Board that may be performed by an advanced unlicensed assistive person;
4. "Licensed practical nursing" means the practice of nursing under the supervision or direction of a registered nurse, licensed physician or dentist. This directed scope of nursing practice includes, but is not limited to:
a. contributing to the assessment of the health status of individuals and groups,
b. participating in the development and modification of the plan of care,
c. implementing the appropriate aspects of the plan of care,
d. delegating such tasks as may safely be performed by others, consistent with educational preparation and that do not conflict with the Oklahoma Nursing Practice Act,
e. providing safe and effective nursing care rendered directly or indirectly,
f. participating in the evaluation of responses to interventions,
g. teaching basic nursing skills and related principles,
h. performing additional nursing procedures in accordance with knowledge and skills acquired through education beyond nursing preparation, and
i. delegating those nursing tasks as defined in the rules of the Board that may be performed by an advanced unlicensed assistive person;
5. "Advanced practice nurse" means a licensed registered nurse who:
a. has successfully completed a formal program of study approved by the Board which is designed to prepare registered nurses to perform in an expanded role in the delivery of health care,
b. is nationally certified by an appropriate certifying body, recognized by the Board, and
c. has received a certificate of recognition from the Board.
The term "advanced practice nurse" shall include advanced registered nurse practitioners, clinical nurse specialists, nurse- midwives and certified registered nurse anesthetists.
A registered nurse who has completed educational requirements as an advanced practice nurse and has registered for a Board-approved national certifying exam may apply for temporary recognition pending certification. Temporary recognition shall not exceed one (1) year from the date of graduation. The registered nurse with temporary recognition to practice as an advanced practice nurse shall use the designation "graduate registered nurse practitioner", "graduate registered nurse anesthetist", "graduate clinical nurse specialist", or "graduate nurse-midwife".
Temporary recognition shall expire when advanced practice status is granted or one hundred twenty (120) days following the test date, whichever comes first. If the temporary recognition certification holder fails to be certified, temporary recognition shall expire upon receipt of the test results. Temporary recognition shall not be renewable.
The registered nurse with temporary recognition to practice as an advanced practice nurse shall not be eligible to apply for prescriptive authority;
6. "Advanced registered nurse practitioner" means a licensed registered nurse who has met the requirements of paragraph 5 of this section. The advanced registered nurse practitioner performs in an expanded role in the delivery of health care that is:
a. consistent with advanced educational preparation as an advanced practice nurse in an area of specialty,
b. functions within the advanced registered nurse practitioner scope of practice denoted for the area of specialization, and
c. is in accord with the standards for advanced practice nurses as identified by the certifying body and approved by the Board.
An advanced registered nurse practitioner in accordance with the scope of practice of the advanced registered nurse practitioner shall be eligible to obtain recognition as authorized by the Board to prescribe, as defined by the rules promulgated by the Board pursuant to this section and subject to the medical direction of a supervising physician. This authorization shall not include dispensing drugs, but shall not preclude, subject to federal regulations, the receipt of, the signing for, or the dispensing of professional samples to patients.
The advanced registered nurse practitioner accepts responsibility, accountability, and obligation to practice in accordance with usual and customary advanced practice nursing standards and functions as defined by the scope of practice/role definition statements for the advanced registered nurse practitioner.
Any person who is recognized by the Board as an advanced registered nurse practitioner and wishes to practice as an advanced registered nurse practitioner in this state shall have the right to use the title "Advanced Registered Nurse Practitioner" and to the abbreviation "ARNP". No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is an advanced registered nurse practitioner;
7. a. "Clinical nurse specialist" means a licensed registered nurse who holds:
(1) a master's degree in nursing with clinical specialization preparation to function in an expanded role,
(2) specialty certification from a national certifying organization recognized by the Board,
(3) a certificate of recognition from the Board, and
(4) any nurse holding a specialty certification as a clinical nurse specialist valid on January 1, 1994, granted by a national certifying organization recognized by the Board, shall be deemed to be a clinical nurse specialist under the provisions of the Oklahoma Nursing Practice Act.
b. In the expanded role, the clinical nurse specialist performs at an advanced practice level which shall include, but not be limited to:
(1) practicing as an expert clinician in the provision of direct nursing care to a selected population of patients or clients in any setting, including private practice,
(2) managing the care of patients or clients with complex nursing problems,
(3) enhancing patient or client care by integrating the competencies of clinical practice, education, consultation, and research, and
(4) referring patients or clients to other services.
c. A clinical nurse specialist in accordance with the scope of practice of such clinical nurse specialist shall be eligible to obtain recognition as authorized by the Board to prescribe, as defined by the rules promulgated by the Board pursuant to this section, and subject to the medical direction of a supervising physician. This authorization shall not include dispensing drugs, but shall not preclude, subject to federal regulations, the receipt of, the signing for, or the dispensing of professional samples to patients.
d. The clinical nurse specialist accepts responsibility, accountability, and obligation to practice in accordance with usual and customary advanced practice nursing standards and functions as defined by the scope of practice/role definition statements for the clinical nurse specialist.
e. Any person who is recognized by the Board as a clinical nurse specialist shall have the right to use the title "Clinical Nurse Specialist" and abbreviation "CNS". No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a clinical nurse specialist;
8. "Nurse-midwife" means a qualified registered nurse who has received a certificate of recognition from the Oklahoma Board of Nursing who possesses evidence of certification according to the requirements of the American College of Nurse-Midwives, and has the right to use the title "Certified Nurse-Midwife" and the abbreviation "CNM". No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a certified nurse-midwife.
A certified nurse-midwife in accordance with the scope of practice of such certified nurse-midwife shall be eligible to obtain recognition as authorized by the Board to prescribe, as defined by the rules promulgated by the Board pursuant to this section and subject to the medical direction of a supervising physician. This authorization shall not include the dispensing of drugs, but shall not preclude, subject to federal regulations, the receipt of, the signing for, or the dispensing of professional samples to patients.
The certified nurse-midwife accepts responsibility, accountability, and obligation to practice in accordance with usual and customary advanced practice nursing standards and functions as defined by the scope of practice/role definition statements for the certified nurse-midwife;
9. "Nurse-midwifery practice" means providing management of care of normal newborns and women, antepartally, intrapartally, postpartally and gynecologically, occurring within a health care system which provides for medical consultation, medical management or referral, and is in accord with the standards for nurse-midwifery practice as defined by the American College of Nurse-Midwives;
10. a. "Certified registered nurse anesthetist" means any person who holds a license to practice as a registered nurse in this state and who:
(1) has successfully completed the educational program of a school of nurse anesthetists accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs,
(2) is certified by the Council on Certification of Nurse Anesthetists as a Certified Registered Nurse Anesthetist within one (1) year following completion of such educational program, and continues to maintain such recertification by the Council on Recertification of Nurse Anesthetists,
(3) administers anesthesia under the supervision of a medical doctor, an osteopathic physician, a podiatric physician or a dentist licensed in this state and under conditions in which timely onsite consultation by such doctor, osteopath, podiatric physician or dentist is available, and
(4) has received a certificate of recognition from the Board.
b. A certified registered nurse anesthetist, under the supervision of a medical doctor, osteopathic physician, podiatric physician or dentist licensed in this state, and under conditions in which timely, on-site consultation by such medical doctor, osteopathic physician, podiatric physician or dentist is available, shall be authorized, pursuant to rules adopted by the Oklahoma Board of Nursing, to order, select, obtain and administer legend drugs, Schedules II through V controlled substances, devices, and medical gases only when engaged in the preanesthetic preparation and evaluation; anesthesia induction, maintenance and emergence; and postanesthesia care. A certified registered nurse anesthetist may order, select, obtain and administer drugs only during the perioperative or periobstetrical period.
c. A certified registered nurse anesthetist who applies for authorization to order, select, obtain and administer drugs shall:
(1) be currently recognized as a certified registered nurse anesthetist in this state,
(2) provide evidence of completion, within the two-year period immediately preceding the date of application, of a minimum of fifteen (15) units of continuing education in advanced pharmacology related to the administration of anesthesia as recognized by the Council on Recertification of Nurse Anesthetists or the Council on Certification of Nurse Anesthetists,
(3) provide evidence of professional liability insurance coverage, and
(4) complete and submit a notarized application, on a form prescribed by the Board, accompanied by the application fee established pursuant to this section.
d. The authority to order, select, obtain and administer drugs shall be terminated if a certified registered nurse anesthetist has:
(1) ordered, selected, obtained or administered drugs outside of the certified registered nurse anesthetist scope of practice or ordered, selected, obtained or administered drugs for other than therapeutic purposes, or
(2) violated any provision of state laws or rules or federal laws or regulations pertaining to the practice of nursing or the authority to order, select, obtain and administer drugs.
e. The Oklahoma Board of Nursing shall notify the Board of Pharmacy within two (2) working days after termination of or a change in the authority to order, select, obtain and administer drugs for a certified registered nurse anesthetist.
f. The Board shall provide by rule for biennial application renewal and reauthorization of authority to order, select, obtain and administer drugs for certified registered nurse anesthetists. At the time of application renewal, a certified registered nurse anesthetist shall submit documentation of a minimum of eight (8) units of continuing education, completed during the previous two (2) years, in advanced pharmacology relating to the administration of anesthesia, as recognized by the Council on Recertification of Nurse Anesthetists or the Council on Certification of Nurse Anesthetists.
g. Any person who is recognized by the Board as a certified registered nurse anesthetist shall have the right to use both the title "Certified Registered Nurse Anesthetist" and the abbreviation "CRNA". No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a certified registered nurse anesthetist.
h. This paragraph shall not prohibit the administration of local or topical anesthetics as now permitted by law. Provided further, nothing in this paragraph shall limit the authority of the Board of Dentistry to establish the qualifications for dentists who direct the administration of anesthesia;
11. "Supervising physician" means an individual holding a current license to practice as a physician from the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners, who supervises an advanced registered nurse practitioner, a clinical nurse specialist, or a certified nurse-midwife, and who is not in training as an intern, resident, or fellow. To be eligible to supervise such advanced practice nurse, such physician shall remain in compliance with the rules promulgated by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners;
12. "Supervision of an advanced practice nurse with prescriptive authority" means overseeing and accepting responsibility for the ordering and transmission by an advanced registered nurse practitioner, a clinical nurse specialist, or a certified nurse-midwife of written, telephonic, electronic or oral prescriptions for drugs and other medical supplies, subject to a defined formulary; and
13. "Advanced unlicensed assistive person" means any person who has successfully completed a certified training program developed by a working committee composed of representatives of the following entities:
a. State Department of Health,
b. Oklahoma State Regents for Higher Education,
c. Oklahoma Department of Career and Technology Education,
d. Oklahoma Board of Nursing,
e. Oklahoma Hospital Association,
f. Oklahoma Nurses Association,
g. The Nursing Home Association of Oklahoma,
h. Oklahoma State Association of Licensed Practical Nurses, and
i. Oklahoma Home Care Association.
The working committee shall also develop a list of the functions that an advanced unlicensed assistive person shall be able to perform upon completion of the certification training program. The working committee shall submit the certification training program and list of functions to the Oklahoma Board of Nursing for review and approval. The Board shall promulgate rules to enact the provisions of this paragraph.
Any person who has successfully completed the certification training program provided for in this paragraph shall be certified by the Board as an advanced unlicensed assistive person and as such shall be qualified to assist a licensed nurse in providing patient or client care as defined in rules promulgated by the Board.
Added by Laws 1991, c. 104, § 2, eff. Sept. 1, 1991. Amended by Laws 1994, c. 97, § 2, eff. July 1, 1994; Laws 1996, c. 186, § 4, eff. Nov. 1, 1996; Laws 1996, c. 318, § 13, eff. July 1, 1996; Laws 1997, c. 250, § 6, eff. Nov. 1, 1997; Laws 1998, c. 71, § 1, eff. Nov. 1, 1998; Laws 2001, c. 33, § 46, eff. July 1, 2001; Laws 2001, c. 254, § 2, eff. Nov. 1, 2001.
NOTE: Laws 1996, c. 136, § 1 repealed by Laws 1996, c. 288, § 9, eff. Nov. 1, 1996. Laws 1996, c. 288, § 2 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997.
§59-567.4. Oklahoma Board of Nursing.
A. The Oklahoma Board of Nursing is hereby established in the State of Oklahoma. The Board shall consist of eleven (11) members who shall be citizens of the United States of America, and residents of Oklahoma, for at least the previous three (3) years. Six of the members shall be registered nurses, in good standing under the provisions of the Oklahoma Nursing Practice Act, currently engaged in the practice of nursing as a registered nurse and shall have had no less than five (5) years of experience as a registered nurse. At least two of the registered nurses shall be from the field of nursing education, actively associated with a recognized school of nursing in Oklahoma, and who hold an organizational role of administration/management and who are accountable for strategic, operational and/or performance outcomes. At least two of the registered nurses who hold an organizational role of administration/management and who are accountable for strategic, operational and/or performance outcomes shall represent nursing service. At least one of the registered nurses shall be currently engaged in the practice of nursing as an advanced practice nurse. Three of the members shall be licensed practical nurses in good standing under the provisions of the Oklahoma Nursing Practice Act and currently engaged in the practice of practical nursing as a licensed practical nurse and shall have had no less than five (5) years of experience as a licensed practical nurse. One of the licensed nurses must be employed in the field of long-term care. One of the licensed nurses shall be employed in the area of acute care. Two members shall represent the public and shall be eligible voters of this state, knowledgeable in consumer health concerns, and shall neither be nor ever have been associated with the provision of health care, nor be enrolled in any health-related educational program. The public members shall be appointed by the Governor to serve coterminously with the Governor. At least one registered nurse Board member, one licensed practical nurse Board member and one public Board member shall be appointed from a county with a population of less than forty thousand (40,000).
B. For the purpose of nominating, appointing or reappointing members to the Board, this state shall be divided into eight geographical districts, consisting of counties within the districts as follows:
District No. 1 Cimarron, Texas, Beaver, Harper, Woods, Alfalfa, Grant, Kay, Ellis, Woodward, Major, Garfield, Noble, Dewey, Blaine, Kingfisher and Logan;
District No. 2 Roger Mills, Custer, Beckham, Washita, Caddo, Greer, Kiowa, Harmon, Jackson, Comanche, Tillman and Cotton;
District No. 3 Canadian, Grady, McClain, Garvin, Stephens, Murray, Jefferson, Carter and Love;
District No. 4 Oklahoma;
District No. 5 Lincoln, Okfuskee, Cleveland, Pottawatomie, Seminole, Hughes, Pontotoc, Coal, Johnston, Marshall and Bryan;
District No. 6 Creek and Tulsa;
District No. 7 Osage, Washington, Nowata, Craig, Ottawa, Pawnee, Payne, Rogers, Mayes and Delaware; and
District No. 8 Wagoner, Cherokee, Adair, Okmulgee, Muskogee, Sequoyah, McIntosh, Haskell, Leflore, Pittsburg, Latimer, Atoka, Pushmataha, McCurtain and Choctaw.
Not more than one registered nurse and one licensed practical nurse and one public member shall be appointed from any one geographical district.
C. The Governor shall appoint the Registered Nurse Board members from a list of names submitted by the Oklahoma Nurses Association and Oklahoma chapters of nationally recognized registered nurse organizations. The Governor shall appoint the licensed practical nurse Board members from a list of names submitted by the Oklahoma State Association of LPN's and Oklahoma chapters of nationally recognized practical nurse organizations. Individuals who are members of the Oklahoma Board of Nursing prior to the effective date of this act shall be allowed to fulfill their terms and be eligible for reappointment.
D. The Registered Nurse and Licensed Practical Nurse members shall be appointed for terms of five (5) years. Upon the death, resignation, or removal of any member, a list from the aforementioned organizations shall be submitted to the Governor who shall appoint a member to fill the vacancy.
1. In addition to the grounds for removal by the Governor of members appointed to the Board provided in Section 2 of Title 74 of the Oklahoma Statutes, it is a ground for removal if a member:
a. does not have at the time of appointment the qualifications required by subsection A of this section,
b. is not employed in nursing for a period of twelve (12) consecutive months during the term for which the member was appointed,
c. is absent from more than half of the regularly scheduled Board meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the Board, or
d. cannot discharge the duties as a Board member for a substantial portion of the term for which the member is appointed because of illness or disability.
2. The validity of an action of the Board is not affected by the fact that it is taken when a ground for removal of a Board member exists.
3. If the president of the Board has knowledge that a potential ground for removal exists, the president shall then notify the Governor that a potential ground for removal exists.
E. A quorum shall be a majority of the Board which must include at least three (3) registered nurses and one (1) licensed practical nurse.
F. The members of the Board shall annually elect from their number a president, vice-president and a secretary who shall also be the treasurer, and other such officers as necessary to conduct the business of the Board. It shall hold six (6) regular business meetings during each calendar year. Special meetings may be called by the president or secretary with five (5) days' notice to each member of the Board. The Board shall have a seal; it shall make and adopt all necessary rules not inconsistent with the laws of this state, the United States, or with the Oklahoma Nursing Practice Act; and it shall perform the duties and transact the business required under the provisions of the act. The Board shall cause to be kept a record of all meetings for the Board and give notice of all meetings in accordance with the Administrative Procedures Act and the Open Meetings Act. A list of all persons duly licensed and qualified under this act shall be maintained by the Board. Each member of the Board shall receive, in addition to actual and necessary travel expenses as provided in the State Travel Reimbursement Act, compensation of One Hundred Dollars ($100.00) for each regular scheduled monthly meeting attended, not to exceed more than six (6) meetings per year. All monies received by the Board shall be held by the treasurer of the Board for meeting the expenses of the Board and for the promotion of nursing education, to employ an attorney to assist the Board and other state and county officials in carrying out the provisions of the Oklahoma Nursing Practice Act, and such other purposes which the Board may determine, and shall be disbursed as directed by the Board. The Board is authorized to adopt and revise rules, not inconsistent with the provisions of the Oklahoma Nursing Practice Act, as may be necessary to enable it to carry into effect the provisions of the act, including rules establishing fees, charges and reimbursement costs. The Board shall appoint and employ a qualified person, who shall be a registered nurse, to serve as Executive Director, and shall fix the compensation, require a satisfactory bond, and define the duties of the Executive Director.
Added by Laws 1953, p. 265, § 4, emerg. eff. April 13, 1953. Amended by Laws 1967, c. 46, § 1, emerg. eff. April 10, 1967; Laws 1978, c. 235, § 1, eff. Jan. 1, 1979; Laws 1981, c. 314, § 2, eff. July 1, 1981; Laws 1985, c. 178, § 34, operative July 1, 1985; Laws 1991, c. 104, § 3, eff. Sept. 1, 1991; Laws 2001, c. 254, § 3, eff. Nov. 1, 2001; Laws 2003, c. 190, § 1, eff. Nov. 1, 2003.
§59-567.4a. Prescriptive authority recognition - Rules.
The rules regarding prescriptive authority recognition promulgated by the Oklahoma Board of Nursing pursuant to paragraphs 6 through 9, 11 and 12 of Section 567.3a of this title shall:
1. Define the procedure for documenting supervision by a physician licensed in Oklahoma to practice by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners. Such procedure shall include a written statement that defines appropriate referral, consultation, and collaboration between the advanced practice nurse, recognized to prescribe as defined in paragraphs 6 through 9, 11 and 12 of Section 567.3a of this title, and the supervising physician. The written statement shall include a method of assuring availability of the supervising physician through direct contact, telecommunications or other appropriate electronic means for consultation, assistance with medical emergencies, or patient referral. The written statement shall be part of the initial application and the renewal application submitted to the Board for recognition for prescriptive authority for the advanced practice nurse. Changes to the written statement shall be filed with the Board within thirty (30) days of the change and shall be effective on filing;
2. Define minimal requirements for initial application for prescriptive authority which shall include, but not be limited to, evidence of completion of a minimum of forty-five (45) contact hours or three (3) academic credit hours of education in pharmacotherapeutics, clinical application, and use of pharmacological agents in the prevention of illness, and in the restoration and maintenance of health in a program beyond basic registered nurse preparation, approved by the Board. Such contact hours or academic credits shall be obtained within a time period of three (3) years immediately preceding the date of application for prescriptive authority;
3. Define minimal requirements for application for renewal of prescriptive authority which shall include, but not be limited to, documentation of a minimum of fifteen (15) contact hours or one (1) academic credit hour of education in pharmacotherapeutics, clinical application, and use of pharmacological agents in the prevention of illness, and in the restoration and maintenance of health in a program beyond basic registered nurse preparation, approved by the Board, within the two-year period immediately preceding the effective date of application for renewal of prescriptive authority;
4. Require that beginning July 1, 2002, an advanced practice nurse shall demonstrate successful completion of a master's degree in a clinical nurse specialty in order to be eligible for initial application for prescriptive authority under the provisions of this act;
5. Define the method for communicating authority to prescribe or termination of same, and the formulary to the Board of Pharmacy, all pharmacies, and all registered pharmacists;
6. Define terminology used in such rules;
7. Define the parameters for the prescribing practices of the advanced practice nurse;
8. Define the methods for termination of prescriptive authority for advanced practice nurses; and
9. a. Establish a Formulary Advisory Council that shall develop and submit to the Board recommendations for an exclusionary formulary that shall list drugs or categories of drugs that shall not be prescribed by advanced practice nurses recognized to prescribe by the Oklahoma Board of Nursing. The Formulary Advisory Council shall also develop and submit to the Board recommendations for practice-specific prescriptive standards for each category of advanced practice nurse recognized to prescribe by the Oklahoma Board of Nursing pursuant to the provisions of the Oklahoma Nursing Practice Act. The Board shall either accept or reject the recommendations made by the Council. No amendments to the recommended exclusionary formulary may be made by the Board without the approval of the Formulary Advisory Council.
b. The Formulary Advisory Council shall be composed of twelve (12) members as follows:
(1) four members, to include a pediatrician, an obstetrician-gynecological physician, a general internist, and a family practice physician; provided that three of such members shall be appointed by the Oklahoma State Medical Association, and one shall be appointed by the Oklahoma Osteopathic Association,
(2) four members who are registered pharmacists, appointed by the Oklahoma Pharmaceutical Association, and
(3) four members, one of whom shall be an advanced registered nurse practitioner, one of whom shall be a clinical nurse specialist, one of whom shall be a certified nurse-midwife, and one of whom shall be a current member of the Oklahoma Board of Nursing, all of whom shall be appointed by the Oklahoma Board of Nursing.
c. All professional members of the Formulary Advisory Council shall be in active clinical practice, at least fifty percent (50%) of the time, within their defined area of specialty. The members of the Formulary Advisory Council shall serve at the pleasure of the appointing authority for a term of three (3) years. The terms of the members shall be staggered. Members of the Council may serve beyond the expiration of their term of office until a successor is appointed by the original appointing authority. A vacancy on the Council shall be filled for the balance of the unexpired term by the original appointing authority.
d. Members of the Council shall elect a chair and a vice-chair from among the membership of the Council. For the transaction of business, at least seven members, with a minimum of two members present from each of the identified categories of physicians, pharmacists and advanced practice nurses, shall constitute a quorum. The Council shall recommend and the Board shall approve and implement an initial exclusionary formulary on or before January 1, 1997. The Council and the Board shall annually review the approved exclusionary formulary and shall make any necessary revisions utilizing the same procedures used to develop the initial exclusionary formulary.
Added by Laws 1996, c. 186, § 5, eff. July 1, 1996. Amended by Laws 1997, c. 250, § 7, eff. Nov. 1, 1997.
§59-567.4b. Formulary Advisory Council.
A. 1. The rules regarding authorization for a certified registered nurse anesthetist to order, select, obtain and administer drugs, promulgated by the Oklahoma Board of Nursing pursuant to paragraph 10 of Section 567.3a of Title 59 of the Oklahoma Statutes, shall provide for establishment of a Formulary Advisory Council to develop and submit to the Board recommendations for an inclusionary formulary that lists drugs or categories of drugs that may be ordered, selected, obtained or administered by certified registered nurse anesthetists authorized by the Board to order, select, obtain and administer drugs.
2. Such Formulary Advisory Council shall also develop and submit to the Board recommendations for practice-specific standards for ordering, selecting, obtaining and administering drugs for a certified registered nurse anesthetist authorized by the Board to order, select, obtain and administer drugs pursuant to the provisions of the Oklahoma Nursing Practice Act.
3. The Board shall either accept or reject the recommendations of the Council. No amendments to the recommended inclusionary formulary may be made by the Board without the approval of the Formulary Advisory Council.
B. 1. The Formulary Advisory Council shall be composed of five (5) members as follows:
a. two certified registered nurse anesthetists, appointed by the Oklahoma Association of Nurse Anesthetists located in this state,
b. two anesthesiologists, appointed by the Oklahoma Society of Anesthesiologists located in this state, and
c. a hospital-based pharmacist appointed by the Oklahoma Pharmaceutical Association located in this state.
2. All professional members of the Formulary Advisory Council shall be in active clinical practice at least fifty percent (50%) of the time within their defined area of specialty.
3. a. Members of the Formulary Advisory Council shall serve at the pleasure of their appointing authority for a term of three (3) years. The terms of the members shall be staggered. Members of the Council may serve beyond the expiration of their term of office until a successor is appointed by the original appointing authority. A vacancy on the Council shall be filled for the balance of the unexpired term by the original appointing authority.
b. Members of the Council shall elect a chair and a vice-chair from among the membership of the Council. Three members shall constitute a quorum for the transaction of business.
C. The Council shall recommend and the Board shall approve and implement an initial inclusionary formulary on or before January 1, 1998. The Council and the Board shall annually review and evaluate the approved inclusionary formulary and shall make any necessary revisions utilizing the same procedures used to develop the initial inclusionary formulary.
Added by Laws 1997, c. 250, § 8, eff. Nov. 1, 1997.
§59-567.5. Registered nurses, licensing - Applications - Qualifications - Examinations - Licensure without examination - Use of titles and abbreviations - Violations.
A. An applicant for a license to practice as a registered nurse shall submit to the Oklahoma Board of Nursing certified written evidence that the applicant:
1. Has completed the basic professional curricula of a school of nursing approved by a state board of nursing, and holds or is entitled to hold a diploma or degree therefrom;
2. Has never been convicted in this state, the United States or another state of any felony, unless five (5) years have elapsed since the date of the criminal conviction or the termination of any probation or other requirements imposed on the applicant by the sentencing court, whichever shall last occur, or a presidential or gubernatorial pardon for the criminal offense has been received, provided that the provisions of this paragraph shall not be effective until November 1, 2003;
3. Has submitted a criminal history records search conducted by the Oklahoma State Bureau of Investigation that is not more than ninety (90) days old; and
4. Has met such other qualifications as the Board may prescribe in its rules.
An applicant for a license shall be required to pass a written examination in such subjects as the Board may determine. Upon successfully passing such an examination, the Board shall issue to the applicant a license to practice as a registered nurse. An applicant who fails such examination shall be subject to reexamination according to the rules of the Board. The passing criteria shall be established by the Board in its rules.
B. The Board may issue a license to practice nursing as a registered nurse without examination to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory, the District of Columbia or a foreign country, if such applicant meets the qualifications required for licensing as a registered nurse in this state.
C. Any person who holds a license to practice as a registered nurse in this state shall have the right to use both the title "Registered Nurse" and the abbreviation "R.N." No other person shall assume such title or use such abbreviation, or any other words, letters, signs or figures to indicate that the person using the same is a registered nurse. Any individual doing so shall be guilty of a misdemeanor, which shall be punishable, upon conviction, by imprisonment in the county jail for not more than one (1) year or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine for each offense.
Added by Laws 1953, p. 267, § 5. Amended by Laws 1981, c. 314, § 3, eff. July 1, 1981; Laws 1991, c. 104, § 4, eff. Sept. 1, 1991; Laws 2001, c. 254, § 4, eff. Nov. 1, 2001; Laws 2003, c. 190, § 2, eff. Nov. 1, 2003.
§59-567.6. Practical nurses, licensing - Applications - Qualifications - Examinations - Licensure without examination - Use of titles and abbreviations - Violations.
A. An applicant for a license to practice as a licensed practical nurse shall submit to the Oklahoma Board of Nursing certified evidence that the applicant:
1. Has received a high school diploma or a graduate equivalency degree;
2. Has successfully completed the prescribed curricula in a state-approved program of practical nursing and holds or is entitled to hold a diploma or certificate therefrom, or equivalent courses in a state-approved program of nursing;
3. Has never been convicted in this state, the United States or another state of any felony, unless five (5) years have elapsed since the date of the criminal conviction or the termination of any probation or other requirements imposed on the applicant by the sentencing court, whichever shall last occur, or a presidential or gubernatorial pardon for the criminal offense has been received, provided that the provisions of this paragraph shall not be effective until November 1, 2003;
4. Has submitted a criminal history records search conducted by the Oklahoma State Bureau of Investigation that is not more than ninety (90) days old; and
5. Has met such other reasonable preliminary qualification requirements as the Board may prescribe.
The applicant for a license to practice as a licensed practical nurse shall be required to pass a written examination in such subjects as the Board may require. Upon successfully passing such examination the Board shall issue to the applicant a license to practice as a licensed practical nurse. An applicant who fails such examination shall be subject to reexamination according to the rules of the Board. The passing criteria shall be established by the Board in its rules.
B. The Board may issue a license to practice as a licensed practical nurse without examination to any applicant who has been duly licensed or registered as a licensed practical nurse, or is entitled to perform similar services under a different title, according to the laws of another state, territory, the District of Columbia or a foreign country if such applicant meets the requirements for licensed practical nurses in the State of Oklahoma.
C. Any person holding a license to practice as a licensed attendant issued by the Board, which is valid on July 1, 1953, shall be deemed to be a licensed practical nurse under the provisions of this act.
D. Any person who holds a license to practice as a licensed practical nurse in this state shall have the right to use both the title "Licensed Practical Nurse" and the abbreviation "L.P.N." No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a licensed practical nurse.
Any individual doing so shall be guilty of a misdemeanor, which shall be punishable, upon conviction, by imprisonment in the county jail for not more than one (1) year or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine for each offense.
Added by Laws 1953, p. 267, § 6. Amended by Laws 1981, c. 314, § 4, eff. July 1, 1981; Laws 1991, c. 104, § 5, eff. Sept. 1, 1991; Laws 2001, c. 254, § 5, eff. Nov. 1, 2001; Laws 2003, c. 190, § 3, eff. Nov. 1, 2003.
§59-567.7. Renewal or reinstatement of license - Temporary retirement from practice - Fees.
A. Upon expiration of an initial license issued pursuant to the Oklahoma Nursing Practice Act, a license shall be renewed every two (2) years according to a schedule published by the Oklahoma Board of Nursing.
B. A licensee who applies for reinstatement of a license shall meet such requirements as the Board may prescribe in its rules.
C. Any licensee who desires to retire temporarily from the practice of nursing in this state shall submit a written request to that effect to the Board. It shall be the duty of the Board to place the name of such licensee upon the nonpracticing list in accordance with the rules of the Board. During the period of temporary retirement, the licensee shall not practice nursing nor be subject to the payment of any renewal fees. When the licensee desires to resume practice, such licensee shall meet such requirements as the Board may prescribe in its rules.
D. The Board is authorized to establish by rule fees to be charged for the purpose of implementing and enforcing the provisions of the Oklahoma Nursing Practice Act; provided, however, fees for an initial application for licensure, certification or recognition, or for renewal, reinstatement or return to active practice shall not exceed One Hundred Twenty-five Dollars ($125.00).
Added by Laws 1953, p. 268, § 7, emerg. eff. April 13, 1953. Amended by Laws 1963, c. 204, § 1, emerg. eff. June 10, 1963; Laws 1978, c. 235, § 2, eff. Jan. 1, 1979; Laws 1981, c. 314, § 5, eff. July 1, 1981; Laws 1991, c. 104, § 6, eff. Sept. 1, 1991; Laws 1994, c. 97, § 3, eff. July 1, 1994; Laws 1996, c. 186, § 6, eff. Nov. 1, 1996; Laws 1997, c. 250, § 9, eff. Nov. 1, 1997; Laws 2001, c. 254, § 6, eff. Nov. 1, 2001; Laws 2003, c. 190, § 4, eff. Nov. 1, 2003.
§59-567.8. Denial, revocation or suspension of license or certification - Administrative penalties.
A. The Oklahoma Board of Nursing shall have the power:
1. To deny, revoke or suspend any:
a. license to practice registered nursing or licensed practical nursing,
b. recognition for practice as an advanced practice nurse, or
c. certification as an advanced unlicensed assistive person;
2. To assess administrative penalties; or
3. To otherwise discipline a licensee or advanced unlicensed assistive person.
B. The Board shall impose a disciplinary action pursuant to the provisions of subsection A of this section upon proof that the person:
1. Is guilty of fraud or deceit or material deception in procuring or attempting to procure:
a. a license to practice registered nursing, licensed practical nursing, or recognition to practice advanced practice nursing, or
b. certification as an advanced unlicensed assistive person;
2. Is guilty of a felony, or any offense reasonably related to the qualifications, functions or duties of any licensee or advanced unlicensed assistant, or any offense an essential element of which is fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed, or any conduct resulting in the revocation of a deferred or suspended sentence or probation imposed pursuant to such conviction;
3. Fails to adequately care for patients or to conform to the minimum standards of acceptable nursing or advanced unlicensed assistant practice that, in the opinion of the Board, unnecessarily exposes a patient or other person to risk of harm;
4. Is intemperate in the use of alcohol or drugs, which use the Board determines endangers or could endanger patients;
5. Exhibits through a pattern of practice or other behavior actual or potential inability to practice nursing with sufficient knowledge or reasonable skills and safety due to impairment caused by illness, use of alcohol, drugs, chemicals or any other substance, or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills, mental illness, or disability that results in inability to practice with reasonable judgment, skill or safety; provided, however, the provisions of this paragraph shall not be utilized in a manner that conflicts with the provisions of the Americans with Disabilities Act;
6. Has been adjudicated as mentally incompetent, mentally ill, chemically dependent or dangerous to the public or has been committed by a court of competent jurisdiction, within or without this state;
7. Is guilty of unprofessional conduct as defined in the rules of the Board;
8. Is guilty of any act that jeopardizes a patient's life, health or safety as defined in the rules of the Board;
9. Violated a rule promulgated by the Board, an order of the Board, or a state or federal law relating to the practice of registered, practical or advanced practice nursing or advanced unlicensed assisting, or a state or federal narcotics or controlled dangerous substance law; or
10. Has had disciplinary actions taken against the individual's registered or practical nursing license, advanced unlicensed assistive certification, or any health-related license, in this or any state, territory or country.
C. Any person who supplies the Board information in good faith shall not be liable in any way for damages with respect to giving such information.
D. The Board may cause to be investigated all reported violations of the Oklahoma Nursing Practice Act.
E. The Board may authorize the executive director to issue a confidential letter of concern to a licensee when evidence does not warrant formal proceedings, but the executive director has noted indications of possible errant conduct that could lead to serious consequences and formal action.
F. All individual proceedings before the Board shall be conducted in accordance with the Administrative Procedures Act.
G. At a hearing the accused shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence on behalf of the accused, to cross-examine witnesses and to have subpoenas issued by the Board. If the accused is found guilty of the charges the Board may refuse to issue a renewal of license to the applicant, revoke or suspend a license, or otherwise discipline a licensee.
H. A person whose license is revoked may not apply for reinstatement during the time period set by the Board. The Board on its own motion may at any time reconsider its action.
I. Any person whose license is revoked or who applies for renewal of registration and who is rejected by the Board shall have the right to appeal from such action pursuant to the Administrative Procedures Act.
J. 1. Any person who has been determined by the Board to have violated any provisions of the Oklahoma Nursing Practice Act or any rule or order issued pursuant thereto shall be liable for an administrative penalty not to exceed Five Hundred Dollars ($500.00) for each count for which any holder of a certificate or license has been determined to be in violation of the Oklahoma Nursing Practice Act or any rule promulgated or order issued thereto.
2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of this section, after notice and an opportunity for hearing is given to the accused. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to practice, and any show of good faith in attempting to achieve compliance with the provisions of the Oklahoma Nursing Practice Act.
Added by Laws 1953, p. 268, § 8, emerg. eff. April 13, 1953. Amended by Laws 1981, c. 314, § 6, eff. July 1, 1981; Laws 1991, c. 104, § 7, eff. Sept. 1, 1991; Laws 1994, c. 97, § 4, eff. July 1, 1994; Laws 1996, c. 186, § 7, eff. Nov. 1, 1996; Laws 1996, c. 288, § 3, eff. Nov. 1, 1996; Laws 2000, c. 187, § 1, eff. Nov. 1, 2000; Laws 2001, c. 254, § 7, eff. Nov. 1, 2001; Laws 2003, c. 190, § 5, eff. Nov. 1, 2003.
NOTE: Laws 1996, c. 136, § 2 repealed by Laws 1996, c. 288, § 9, eff. Nov. 1, 1996.
§59567.9. Violation of act Penalty.
Except for subsection C of Section 567.5 of this title and subsection D of Section 567.6 of this title, any person violating any of the provisions of this act shall be guilty of a misdemeanor, punishable by a fine of not less than One Hundred Dollars ($100.00).
The writ of injunction without bond, is also made available to the Board for the enforcement of this act.
Laws 1953, p. 269, § 9; Laws 1991, c. 104, § 8, eff. Sept. 1, 1991.
§59-567.10. Repealed by Laws 1991, c. 104, § 14, eff. Sept. 1, 1991.
§59567.11. Exceptions to application of act.
The Oklahoma Nursing Practice Act shall not be construed to affect or apply to:
1. Gratuitous nursing of the sick by friends or members of the family;
2. Registered or licensed practical nurses from any state called in attendance temporarily to a patient in any county in this state;
3. The practice of nursing which is associated with a program of study by students enrolled in nursing education programs approved by the Board;
4. Persons trained and competency-certified to provide care pursuant to state or federal law, rules or regulations;
5. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his or her official duties;
6. The rendering of service by a physician's trained assistant under the direct supervision and control of a licensed physician, all as authorized by Section 492 of this title; or
7. The practice of nursing in connection with healing by prayer or spiritual means alone in accordance with the tenets and practice of any wellrecognized church or religious denomination provided that no person practicing such nursing holds himself out to be a graduate or registered nurse or licensed practical nurse.
Laws 1953, p. 270, § 11, emerg. eff. April 13, 1953; Laws 1967, c. 42, § 4, emerg. eff. March 28, 1967; Laws 1981, c. 314, § 7, eff. July 1, 1981; Laws 1991, c. 104, § 9, eff. Sept. 1, 1991; Laws 1994, c. 97, § 5, eff. July 1, 1994.
§59-567.12. Approved programs for registered and practical nurses.
A. To qualify in this state as an approved program for registered nurses, the program must be conducted in the State of Oklahoma in an accredited college or university leading to an associate, baccalaureate, or higher degree in nursing. Such programs shall meet the standards fixed by the Oklahoma Board of Nursing and prescribed in its rules.
B. To qualify in this state as an approved program for practical nurses, the program shall be conducted in this state in a school or skill center approved by the Oklahoma Department of Career and Technology Education or licensed by the Oklahoma Board of Private Vocational Schools. Such programs shall meet the standards fixed by the Oklahoma Board of Nursing as prescribed in its rules, which shall conform to the provisions of this subsection.
1. The nursing education program for practical nurses shall be administered by a licensed practical nurse coordinator who:
a. is a registered nurse with a minimum of an associate degree or diploma in nursing currently licensed in Oklahoma,
b. has a minimum of a baccalaureate degree, preferably in nursing,
c. has a minimum of two (2) years full-time-equivalent practice as a registered nurse in a clinical setting, within the last five (5) years preceding the first date of first employment as a teacher, and
d. has at least one (1) academic year, full-time experience in a nursing education program.
2. All nurse faculty of a nursing program for practical nurses shall:
a. hold a valid license to practice as a registered nurse with a minimum of an associate degree or diploma in nursing in this state, and
b. present evidence of a minimum of two (2) years full-time-equivalent practice as a registered nurse in a clinical setting, within the last five (5) years preceding the first date of first employment as a teacher.
3. Nursing faculty who teach in programs offering the certificate in practical nursing shall have completed at least fifteen (15) semester hours in nursing, general education, social sciences, physical sciences or counseling and guidance. These credits shall be in addition to the pre-service basic program in nursing unless the person holds a baccalaureate degree in nursing.
4. Schools shall establish the baccalaureate degree as minimum preparation for teaching and a nurse faculty member shall have a written plan for obtaining a baccalaureate degree, preferably in nursing.
5. Faculty employed in schools conducted by public comprehensive high school systems shall meet the requirements for teacher certification established by the State Department of Education.
Added by Laws 1953, p. 270, § 12, emerg. eff. April 13, 1953. Amended by Laws 1967, c. 46, § 2, emerg. eff. April 10, 1967; Laws 1991, c. 104, § 10, eff. Sept. 1, 1991; Laws 1992, c. 141, § 1, emerg. eff. May 1, 1992; Laws 2001, c. 33, § 47, eff. July 1, 2001; Laws 2001, c. 254, § 8, eff. Nov. 1, 2001.
§59567.13. Survey of nursing programs - Reports - Failure of approved program to maintain standards.
It shall be the duty of the Board, its Executive Director, or other registered nurse employees, to survey all programs of nursing in the state as prescribed in its rules. Written reports of each survey shall be submitted to the Board. If the Board determines that any designated state-approved program of nursing is not maintaining the standards required by this act, a warning notice thereof in writing specifying the criteria that the program has not met shall be immediately given to the program by the Board. The program that fails to correct these conditions to the satisfaction of the Board within a period of one (1) year shall be discontinued as a state-approved program.
Laws 1953, p. 270, § 13; Laws 1991, c. 104, § 11, eff. Sept. 1, 1991.
§59-567.14. Practice without compliance with act prohibited - Insignia or badge.
A. No person shall practice or offer to practice registered nursing, practical nursing, or advanced practice nursing in this state unless the person has complied with the provisions of the Oklahoma Nursing Practice Act.
B. Any person licensed or certified by the Oklahoma Board of Nursing who provides direct care to patients shall, while on duty, wear an insignia or badge identifying the license or certification issued to such person by the Board. The Board shall promulgate rules to enact the provisions of this section.
Added by Laws 1953, p. 271, § 14, emerg. eff. April 13, 1953. Amended by Laws 1967, c. 42, § 5, emerg. eff. March 28, 1967; Laws 1991, c. 104, § 12, eff. Sept. 1, 1991; Laws 1996, c. 186, § 8, eff. Nov. 1, 1996.
§59567.15. Temporary licenses to nurses from other states.
The Board may issue temporary licenses to nurses from other states upon proper application stating the purpose of said licenses; provided no temporary license may be issued for more than ninety (90) days. Temporary license may be renewed at the discretion of the Board but shall not extend over a period longer than one (1) year.
Laws 1953, p. 271, § 15.
§59-567.16. Repealed by Laws 1991, c. 104, § 14, eff. Sept. 1, 1991.
§59-567.16a. Establishing advisory committees.
The Oklahoma Board of Nursing may establish advisory committees as necessary to assist the Board in its efforts to protect the health and welfare of the citizens.
Added by Laws 1991, c. 104, § 13, eff. Sept. 1, 1991.
§59-567.17. Peer assistance program.
A. There is hereby established a peer assistance program to rehabilitate nurses whose competency may be compromised because of the abuse of drugs or alcohol, so that such nurses can be treated and can return to or continue the practice of nursing in a manner which will benefit the public. The program shall be under the supervision and control of the Oklahoma Board of Nursing.
B. The Board shall appoint one or more peer assistance evaluation advisory committees hereinafter called the "peer assistance committees". Each of these committees shall be composed of members, the majority of which shall be licensed nurses with expertise in chemical dependency. The peer assistance committees shall function under the authority of the Oklahoma Board of Nursing in accordance with the rules of the Board. The committee members shall serve without pay, but may be reimbursed for the expenses incurred in the discharge of their official duties in accordance with the State Travel Reimbursement Act.
C. The Board shall appoint and employ a qualified person, who shall be a registered nurse, to serve as program coordinator and shall fix such person's compensation. The Board shall define the duties of the program coordinator who shall report directly to the Executive Director of the Board and be subject to the Executive Director's direction and control.
D. The Board is authorized to adopt and revise rules, not inconsistent with the Oklahoma Nursing Practice Act, as may be necessary to enable it to carry into effect the provisions of this section.
E. A portion of licensing fees for each nurse not to exceed Ten Dollars ($10.00) may be used to implement and maintain the peer assistance program.
F. Records of the nurse enrolled in the peer assistance program shall be maintained in the program office in a place separate and apart from the Board's records. The records shall be made public only by subpoena and court order; provided, however, confidential treatment shall be cancelled upon default by the nurse in complying with the requirements of the program.
G. Any person making a report to the Board or to a peer assistance committee regarding a nurse suspected of practicing nursing while habitually intemperate or addicted to the use of habit-forming drugs, or a nurse's progress or lack of progress in rehabilitation, shall be immune from any civil or criminal action resulting from such reports, provided such reports are made in good faith.
H. A nurse's participation in the peer assistance program in no way precludes additional proceedings by the Board for acts or omissions of acts not specifically related to the circumstances resulting in the nurse's entry into the program. However, in the event the nurse defaults from the program, the Board may discipline the nurse for those acts which led to the nurse entering the program.
I. The Executive Director of the Board shall suspend the license immediately upon notification that the licensee has defaulted from the peer assistance program, and shall assign a hearing date for the matter to be presented to the Board.
J. As used in this section, unless the context otherwise requires:
1. "Board" means the Oklahoma Board of Nursing; and
2. "Peer assistance committee" means the peer assistance evaluation advisory committee created in this section, which is appointed by the Oklahoma Board of Nursing to carry out specified duties.
Added by Laws 1994, c. 97, § 6, eff. July 1, 1994. Amended by Laws 2003, c. 190, § 6, eff. Nov. 1, 2003.
§59-567.51. Repealed by Laws 1991, c. 104, § 15, eff. Sept. 1, 1991.
§59-575. Repealed by Laws 2004, c. 92, § 3, eff. July 1, 2004.
§59-576. Repealed by Laws 2004, c. 92, § 4, eff. July 1, 2004.
§59-577.1. Repealed by Laws 1991, c. 104, § 16, eff. Sept. 1, 1991.
§59-577.2. Repealed by Laws 1991, c. 104, § 16, eff. Sept. 1, 1991.
§59-577.3. Repealed by Laws 1991, c. 104, § 16, eff. Sept. 1, 1991.
§59-577.4. Repealed by Laws 1991, c. 104, § 16, eff. Sept. 1, 1991.
§59-577.5. Repealed by Laws 1991, c. 104, § 16, eff. Sept. 1, 1991.
§59-577.6. Repealed by Laws 1991, c. 104, § 16, eff. Sept. 1, 1991.
§59-581. Practice of optometry - Definition.
A. The practice of optometry is defined to be the science and art of examining the human eye and measurement of the powers of vision by the employment of any means, including the use or furnishing of any self-testing device, the use of any computerized or automatic refracting device, the use of pharmaceutical agents, the diagnosis of conditions of the human eye, and the correcting and relief of ocular abnormalities by means including but not limited to prescribing and adaptation of lenses, contact lenses, spectacles, eyeglasses, prisms and the employment of vision therapy or orthoptics for the aid thereof, low vision rehabilitation, laser surgery procedures, excluding retina, laser in-situ keratomileusis (LASIK), and cosmetic lid surgery. The practice of optometry is further defined to be nonlaser surgery procedures as authorized by the Oklahoma Board of Examiners in Optometry, pursuant to rules promulgated under the Administrative Procedures Act.
B. The practice of optometry shall also include the prescribing of dangerous drugs and controlled dangerous substances for all schedules specified in the Uniform Controlled Dangerous Substances Act except Schedules I and II for the purpose of diagnosis and treatment of ocular abnormalities. The practice of optometry shall not include the dispensing of drugs but may include the dispensing of professional samples to patients.
C. Optometrists shall be certified by the Board of Examiners in Optometry prior to administering drugs, prescribing drugs, or performing laser or nonlaser surgery procedures.
D. Nothing in this title shall be construed as allowing any agency, board, or other entity of this state other than the Board of Examiners in Optometry to determine what constitutes the practice of optometry.
Added by Laws 1927, c. 80, p. 119, § 1, emerg. eff. March 22, 1927. Amended by Laws 1937, p. 95, § 1, emerg. eff. April 2, 1937; Laws 1981, c. 10, § 1, eff. Oct. 1, 1981; Laws 1994, c. 52, § 1; Laws 1998, c. 8, § 1, eff. Nov. 1, 1998; Laws 2004, c. 171, § 2, emerg. eff. April 28, 2004.
§59-582. Board of Examiners in Optometry - Re-creation - Vacancies - Qualifications - Term of members.
There is hereby re-created, to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law, Section 3901 et seq. of Title 74 of the Oklahoma Statutes, the Board of Examiners in Optometry. This Board shall consist of five (5) persons, four of whom shall possess sufficient knowledge of theoretical and practical optics to practice optometry, be duly licensed as optometrists, and who shall have been residents of this state actually engaged in the practice of optometry for at least five (5) years. The term of each licensed optometrist member of the Board, one being appointed each year, shall be five (5) years, or until a qualified successor is appointed. The lay member of the Board shall serve a term coterminous with that of the Governor and shall serve at the pleasure of the Governor. The Governor is hereby authorized to appoint a member of the Board of Examiners in Optometry at the expiration of any term or whenever, for any reason, a vacancy may occur on said Board. Vacancies shall be filled for the unexpired term only.
Added by Laws 1927, c. 80, p. 119, § 2, emerg. eff. March 22, 1927. Amended by Laws 1982, c. 225, § 1, operative Oct. 1, 1982; Laws 1988, c. 225, § 10; Laws 1994, c. 113, § 1, eff. July 1, 1994; Laws 2000, c. 98, § 1.
§59583. Rules and regulations Administering oaths and taking testimony Officers Meetings Quorum Code of ethics Branch offices.
Said Board of Examiners shall make such rules and regulations, not inconsistent with the laws, as may be necessary to the performance of its duties, and each member thereof may administer oaths, or take testimony concerning any matter within the jurisdiction of the Board. It shall organize by selecting one of its members as president, one as vicepresident, and one as secretary and treasurer (the latter to give bond, approved by the Governor), and shall meet at least twice a year, and at such place or places as it may select. A majority of the Board present shall constitute a quorum, and its meetings shall at all times be open to the public. The Board may adopt a code of ethics for the practice of Optometry. A licensed optometrist may establish a practice in not more than two office locations in accordance with rules and regulations established by the Board of Examiners in Optometry. Practice in a governmental institution shall not be counted as one of these locations. Each office shall be registered by the Board and shall maintain such equipment and personnel as required by the Board.
Amended by Laws 1985, c. 72, § 1, emerg. eff. May 16, 1985.
§59-584. Qualifications of applicants Examination Registration Certificates to practice to persons from other states.
Every person desiring to commence the practice of optometry after the passage of this act except as hereinafter provided, upon presentation of satisfactory evidence, verified by oath, that he is more than twentyone (21) years of age and of good moral character and has met the undergraduate requirements and is a graduate of an accredited school of optometry, conferring the degree of Doctor of Optometry or its equivalent, shall, upon application, be examined by the Board of Examiners to determine his or her qualifications, and such examination shall be based upon the subjects taught in the standard schools and colleges of optometry, such as general and ocular pharmacology, anatomy of the eyes, use of the ophthalmoscope, retinoscope and the use of trial lenses, general anatomy, physiology, physics, chemistry, biology, bacteriology, ocular pathology, ocular neurology, ocular myology, psychology, physiological optics, optometrical mechanics, clinical optometry, visual field charting and orthoptics, the general laws of optics and refraction, as is essential to the practice of optometry. Every candidate successfully passing such examination shall be registered by the Board as possessing the qualifications as required by Section 581 et seq. of this title and shall receive from the Board a certificate thereof. Every optometrist desiring to use dangerous drugs and controlled dangerous substances as specified in Section 1 of this act shall have satisfactorily completed courses in general and ocular pharmacology at an institution accredited by the Council on PostSecondary Accreditation or the United States Department of Education. The Board of Examiners in Optometry shall approve such courses and shall certify those qualified by such training to use dangerous drugs and controlled dangerous substances as specified in Section 1 of this act. The use of any such pharmaceuticals by an optometrist or the obtaining of same by an optometrist shall be unlawful unless said optometrist is in possession of a current certificate as provided in this section. Such optometrist shall furnish evidence to any pharmacist or other supplier from whom such pharmaceuticals are sought as to his holding a current certificate. The Board may, in its discretion, issue said certificates to practice, to persons otherwise qualified under this act, who have established by legal proof their knowledge of optometry, as shown by previous examination in any state of the Union; provided, the examination in said state was, at the time taken, of an equal standard with that of this state; provided, further, that citizens of this state are by the statutes of said state, admitted to practice on like conditions.
Laws 1927, c. 80, p. 119, § 4, emerg. eff. March 22, 1927; Laws 1937, p. 95, § 2, emerg. eff. April 2, 1937; Laws 1981, c. 10, § 2; Laws 1994, c. 52, § 2, eff. July 1, 1994.
§59585. Revocation or suspension of certificate Grounds Unprofessional and unethical conduct defined Practice under own name Notice and hearing of revocation or suspension Reissuance of certificate Outofstate revocation or suspension.
A. The Board shall have the power to revoke or suspend any certificate granted by it pursuant to the provisions of this chapter, for fraud, conviction of crime, unprofessional and unethical conduct, habitual drunkenness, exorbitant charges, false representation of goods, gross incompetency, contagious disease, any violation of any rule or regulation promulgated by the Board pursuant to the provisions of this chapter or any violation of this chapter. The following acts shall be deemed by the Board as unprofessional and unethical conduct:
1. Employment by a licensed optometrist of any person to solicit from house to house the sale of lenses, frames, spectacles, or optometric services or examinations; and
2. Selling, advertising, or soliciting the sale of spectacles, eyeglasses, lenses, frames, mountings, eye examinations, or optometric services by housetohouse canvassing either in person or through solicitors; and
3. Acceptance of employment, either directly or indirectly, by a licensed optometrist from an unlicensed optometrist or person engaged in any profession or business or owning or operating any profession or business to assist it, him, or them in practicing optometry in this state; and
4. Publishing or displaying, or knowingly causing or permitting to be published or displayed by newspaper, radio, television, window display, poster, sign, billboard, or any other advertising media any statement or advertisement of any price or fee offered or charged by an optometrist for any optometric services or materials including lenses, frames, eyeglasses, or spectacles or parts thereof, including statements or advertisements of discount, premium, or gifts, if said statements or advertisements are fraudulent, deceitful, misleading or in any manner whatsoever tend to create a misleading impression or are likely to mislead or deceive because in context said statements or advertisements make only a partial disclosure of relevant facts; and
5. No person shall practice optometry under any name other than the proper name of said person and it shall be the same name as used in the license issued by the Board of Examiners to said person. Before any certificate is revoked or suspended, the holder thereof shall be provided with notice and hearing as provided for in the Administrative Procedures Act, Sections 301 through 326 of Title 75 of the Oklahoma Statutes. The Board, after the expiration of the period of three (3) months after the date of said revocation, may entertain application for the reissuance of said revoked certificate and may reissue said certificate upon payment of a reinstatement fee not to exceed three times the annual renewal fee. The Board shall have the right to promulgate such rules and regulations as may be necessary to put into effect the provisions of this chapter. Said rules may prescribe which acts are detrimental to the general public health or welfare and may prescribe a minimum standard of sanitation, hygiene, and professional surroundings, and which acts constitute unprofessional or unethical conduct. Said conduct shall be grounds for revocation or suspension of the license or certificate issued pursuant to the provisions of Section 584 of this title.
B. If an outofstate license or certificate of an optometrist who also holds an Oklahoma license or certificate is suspended or revoked for any reason, his Oklahoma license may come under review by the Board. Should the outofstate suspension or revocation be on grounds the same or similar to grounds for suspension or revocation in Oklahoma, the Board, after notice and hearing pursuant to the provisions of this section, may suspend or revoke the certificate of said optometrist to practice in Oklahoma.
Amended by Laws 1983, c. 14, § 1, emerg. eff. March 25, 1983.
§59586. Display of certificates - Exhibition upon demand.
Every person practicing optometry shall display his certificate of registration or exemption in a conspicuous place, and whenever required exhibit such certificate to said Board of Examiners or its authorized representatives.
Laws 1927, c. 80, p. 120, § 6. Amended by Laws 1990, c. 163, § 6, eff. Sept. 1, 1990.
§59-587. Examinations - Fees - Compensation and expenses - Optometry Board Revolving Fund.
The fee for such examinations shall be set by the Board of Examiners in Optometry rule, not to be less than One Hundred Dollars ($100.00) and not to exceed Two Hundred Dollars ($200.00), and a yearly license fee set by the Board of Examiners in Optometry rule, not to be less than Sixty-five Dollars ($65.00) and not to exceed Two Hundred Dollars ($200.00) shall be paid each fiscal year by all persons holding a license to practice optometry in this state, and shall be paid not later than the 30th day of June of each year. In the event of default of payment of such license fee by any person, his or her certificate shall be revoked by the Board of Examiners who shall take such action only after notifying the person in default by registered mail and allowing him or her fifteen (15) days in which to comply with this requirement. The Board shall be paid travel expenses as provided in the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. The secretary-treasurer shall receive a compensation fixed by the Board, of not to exceed Two Hundred Dollars ($200.00) per month. All fees and charges collected by the secretary-treasurer of the Board shall be paid on the first day of each month into a revolving fund in the State Treasury to be designated as the "Optometry Board Revolving Fund". This fund shall consist of all monies received by the Board of Optometry other than appropriated funds. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Board of Optometry. Expenditures from this fund shall be made pursuant to the purposes of Sections 581 through 606 of this title and without legislative approval. Warrants for expenditures shall be drawn by the State Treasurer based on claims signed by an authorized employee or employees of the Board of Optometry and approved for payment by the Director of State Finance. The revolving fund shall be audited at least once each year by the State Auditor and Inspector.
Laws 1927, c. 80, p. 120, § 7, emerg. eff. March 22, 1927; Laws 1965, c. 89, § 1, emerg. eff. May 5, 1965; Laws 1980, c. 8, § 1, emerg. eff. March 3, 1980; Laws 1982, c. 225, § 2, operative Oct. 1, 1982; Laws 1985, c. 178, § 35, operative July 1, 1985; Laws 1994, c. 113, § 2, eff. July 1, 1994.
§59588. Practice by unauthorized person Impersonating optometrist Evidence of violations Penalties Students and instructors.
A. No person shall practice optometry in this state or make any tests or measurements of the human eye for diagnostic purposes unless said person has been issued a certificate pursuant to the provisions of Section 584 of this title or is a physician or surgeon authorized to practice medicine in this state. No person shall impersonate a registered optometrist. No person shall buy, sell or obtain in any manner a certificate of registration or exemption issued to another. Practicing or offering to practice optometry, or the public representation of being qualified to practice optometry, by any person not authorized to practice optometry shall be sufficient evidence of the violation of the provisions of Sections 581 through 604 of this title. No optometrist shall aid or abet any person not authorized to practice optometry in this state to practice optometry. Any person who violates any of the provisions of Sections 581 through 604 of this title shall be deemed guilty of a misdemeanor, and upon conviction for each offense, shall be punished by a fine of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail not less than thirty (30) days, nor more than ninety (90) days, or by both said fine and imprisonment.
B. Nothing in the provisions of Sections 581 through 604 of this title shall prohibit the performance of routine visual screening by a person not licensed to practice optometry in this state. Nothing in this section shall prohibit an optometry student officially enrolled in a college of optometry which is approved by the State Regents for Higher Education from performing educational functions within the institution or prohibit an instructor in such optometry college from practicing optometry so long as such practitioner is licensed in any state and his practice is limited to instruction of optometry students in an accredited Oklahoma college of optometry or state or federal hospital which is utilized as a teaching institution for students of optometry, provided such instructor has been issued a temporary license by the Oklahoma Board of Examiners in Optometry.
Amended by Laws 1983, c. 14, § 2, emerg. eff. March 25, 1983; Laws 1985, c. 72, § 2, emerg. eff. May 16, 1985.
§59589. Persons excepted from statute.
Nothing in this act shall be construed to apply to dulylicensed physicians authorized to practice medicine and/or surgery under the laws of the State of Oklahoma.
Laws 1927, c. 80, p. 121, § 9; Laws 1937, p. 96, § 4.
§59591. Certificates previously issued valid.
The certificates of registration heretofore issued and not revoked by the Board of Examiners in Optometry prior to the passage and approval of this act, are hereby expressly declared valid and shall entitle the holder thereof to the legal right to practice optometry in the State of Oklahoma as defined herein.
Laws 1927, c. 80, p. 121, § 11.
§59592. Partial invalidity.
Should any section or portion of a section of this act, be, for any cause, adjudged invalid, only such section or portion of section shall be thereby affected.
Laws 1927, c. 80, p. 122, § 12.
§59593. Public policy.
It is the public policy of the State of Oklahoma that optometrists rendering visual care to its citizens shall practice in an ethical, professional manner; that their practices be free from any appearance of commercialism; that the visual welfare of the patient be the prime consideration at all times; and that optometrists shall not be associated with any nonprofessional person or persons in any manner which might degrade or reduce the quality of visual care received by the citizens of this state.
Laws 1971, c. 92, § 1, emerg. eff. April 17, 1971.
§59594. Practice in certain proximity to retail optical outlets prohibited.
No optometrist, licensed under Chapter 13 of Title 59 of the Oklahoma Statutes, shall practice his profession adjacent to or in such geographical proximity to a retail optical outlet, optical store, optical dispensary or any establishment where optical goods and materials are purveyed to the public so as to induce patronage for himself thereby.
Laws 1971, c. 92, § 2, emerg. eff. April 17, 1971.
§59595. Certain agreements, contracts, understandings, etc. prohibited.
No optometrist, licensed under Chapter 13 of Title 59 of the Oklahoma Statutes, shall enter into any agreement, contract, arrangement, practice, or understanding, written or otherwise, with any optical supplier engaged in the sale of optical goods and materials to the public, whereby persons are referred by the optical supplier to said licensed person, and/or whereby persons are referred back to the optical supplier for the purchase of optical goods and materials.
Laws 1971, c. 92, § 3, emerg. eff. April 17, 1971.
§59596. Certain practices in mercantile establishments prohibited.
It shall be unlawful for any optometrist to render optometric care in any retail, mercantile establishment which sells merchandise to the general public; and it shall be unlawful for any person to display, dispense, sell, provide or otherwise purvey to the public, prescription eyeglasses, prescription lenses, frames or mountings for prescription lenses, within or on the premises of in any manner, any retail or mercantile establishment in which the majority of the establishment's income is not derived from the sale of such prescription optical goods and materials.
Laws 1971, c. 92, § 4, emerg. eff. April 17, 1971.
§59597. Penalties.
Violation of the provisions of this act shall be a misdemeanor. If violation hereof is by a licensed optometrist the same shall constitute grounds for revocation of such license whether or not he may be also charged with a misdemeanor. The Board of Examiners in Optometry shall determine the existence of a violation of this act by an optometrist and shall proceed with revocation under powers granted to said Board and in accordance with procedure prescribed in Section 585 of Title 59 of the Oklahoma Statutes. Said Board may make rules necessary for the enforcement of this act so long as such rules are not inconsistent with the provisions of this or any other law of this state.
Laws 1971, c. 92, § 5, emerg. eff. April 17, 1971.
§59598. Provisions cumulative.
The provisions of this act shall be cumulative to other laws.
Laws 1971, c. 92, § 7, emerg. eff. April 17, 1971.
§59601. Appropriations from Optometry Board Fund.
There is hereby appropriated to the Board of Examiners in Optometry from the monies which will accrue to the Optometry Board Fund of the State of Oklahoma, for each fiscal year hereafter, a sum equal to ninety percent (90%) of such accruals.
Laws 1949, p. 659, § 1; Laws 1951, p. 271.
§59602. Use of appropriations.
Said appropriations herein made shall be used by the Board of Examiners in Optometry for the necessary expenses of operation of said Board during the fiscal years set out in Section 1 of this act, including expenses for personnel services, salary of secretarytreasurer of the Board, per diem of members of the Board of Examiners, and all the expenses of the maintenance and operation deemed reasonably necessary or desirable in the operation of the business of said Board.
Laws 1949, p. 659, § 2; Laws 1951, p. 271.
§59603. Positions and salaries.
The Board of Examiners in Optometry shall create positions, make the appointment, and unless otherwise provided by act of the Legislature, shall fix the salary of officials, attorneys and other employees necessary to perform the duties imposed upon the Board of Examiners in Optometry by law, payable from the appropriations made by this act for such services provided in Section 2.
Laws 1949, p. 659, § 3; Laws 1951, p. 271.
§59604. Attendance on educational or postgraduate program.
Every person holding a license to practice optometry in this state shall be required to present to the Board of Examiners in Optometry, not later than the thirtieth day of June of each year, satisfactory evidence that during the preceding twelve (12) months said person attended not less than two (2) days of a total of at least twelve (12) hours of educational or postgraduate programs approved by said Board, or that said person was prevented, because of sickness or any other reason acceptable to the Board, from attending said educational or postgraduate program.
The filing of proof of attendance at educational programs or clinics shall be a condition precedent to the issuance of a renewal license. The Board may reinstate the license of said licensee to practice optometry upon presentation of satisfactory proof of postgraduate study of a standard approved by said examiners and payment of all fees due including a late reinstatement fee not to exceed three times the annual renewal fee.
Amended by Laws 1983, c. 14, § 3, emerg. eff. March 25, 1983.
§59605. Cumulative character of act.
The provisions of this act shall be cumulative to other laws.
Laws 1949, p. 660, § 5 (formerly § 4); Laws 1951, p. 271. 8
§59606. Partial invalidity.
If any of the provisions hereof are adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity or constitutionality of any of the other provisions hereof.
Laws 1949, p. 660, § 6 (formerly § 5); Laws 1951, p. 271.
§59620. Short title - Practice a privilege.
A. Sections 620 through 645 of this title shall be known and may be cited as the "Oklahoma Osteopathic Medicine Act".
B. The practice of osteopathic medicine is a privilege granted through the Oklahoma Osteopathic Medicine Act by the State Board of Osteopathic Examiners.
Laws 1921, c. 30. p. 47, § 21; Laws 1983, c. 152, § 19, emerg. eff. May 26, 1983. Renumbered from § 640 of this title by Laws 1983, c. 152, § 25, emerg. eff. May 26, 1983. Amended by Laws 1993, c. 230, § 1, eff. July 1, 1993.
§59621. Osteopathic medicine defined.
As used in the Oklahoma Osteopathic Medicine Act:
"Osteopathic medicine" means a system of health care founded by Andrew Taylor Still and based on the theory that the body is capable of making its own remedies against disease and other toxic conditions when it is in normal structural relationship and has favorable environmental conditions and adequate nutrition. Osteopathic medicine utilizes generally accepted physical, pharmacological and surgical methods of diagnosis and therapy while placing strong emphasis on the importance of body mechanics and manipulative methods to detect and correct faulty structure and function.
Laws 1921, c. 30, p. 41, § 1; Laws 1983, c. 152, § 1, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 2, eff. July 1, 1993.
§59-622. License required - Submission to jurisdiction of courts - Employing hospitals not regarded as practitioners.
A. 1. Except as otherwise provided by this section, it shall be unlawful for any person to practice as an osteopathic physician and surgeon in this state, without a license to do so, issued by the State Board of Osteopathic Examiners; provided, that any license or certificate heretofore issued under the laws of this state, authorizing its holder to practice osteopathic medicine, shall remain in full force and effect.
2. Osteopathic physicians engaged in postgraduate training beyond the internship year, also known as PGY-1, shall be licensed.
B. 1. A person within or outside of this state who performs through electronic communications diagnostic or treatment services within the scope of practice of an osteopathic physician and surgeon for any patient whose condition is being diagnosed or treated within this state shall be licensed in this state, pursuant to the provisions of the Oklahoma Osteopathic Medicine Act. However, in such cases, a nonresident osteopathic physician who, while located outside this state, consults on an irregular basis with a physician who is located in this state is not required to be licensed in this state.
2. Any osteopathic physician licensed in this state who engages in the prescription of drugs, devices, or treatments via electronic means may do so only in the context of an appropriate physician/patient relationship wherein a proper patient record is maintained including, at the minimum, a current history and physical.
3. Any commissioned medical officer of the armed forces of the United States or medical officer of the United States Public Health Service or the Veterans Administration of the United States, in the discharge of official duties and/or within federally controlled facilities, who is fully licensed to practice osteopathic medicine and surgery in one or more jurisdictions of the United States shall not be required to be licensed in this state pursuant to the Oklahoma Osteopathic Medicine Act, unless the person already holds an osteopathic medical license in this state pursuant to the Oklahoma Osteopathic Medicine Act. In such case, the medical officer shall be subject to the Oklahoma Osteopathic Medicine Act.
4. A person who performs any of the functions covered by this subsection submits themselves to the jurisdiction of the courts of this state for the purposes of any cause of action resulting from the functions performed.
C. A hospital or related institution, as such terms are defined in Section 1-701 of Title 63 of the Oklahoma Statutes, which has the principal purpose or function of providing hospital or medical care, including but not limited to any corporation, association, trust, or other organization organized and operated for such purpose, may employ one or more persons who are duly licensed to practice osteopathic medicine in this state without being regarded as itself practicing osteopathic medicine within the meaning and provisions of this section. The employment by the hospital or related institution of any person who is duly licensed shall not, in and of itself, be considered as an act of unprofessional conduct by the person so employed. Nothing provided herein shall eliminate, limit or restrict the liability for any act or failure to act of any hospital, any hospital's employees or persons duly licensed to practice osteopathic medicine.
Added by Laws 1921, c. 30, p. 41, § 2. Amended by Laws 1983, c. 152, § 2, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 3, eff. July 1, 1993; Laws 1996, c. 147, § 2, eff. Nov. 1, 1996; Laws 2001, c. 16, § 1, eff. Nov. 1, 2001.
§59623. Medicine and surgery - Not affected by this act.
The practice of medicine and surgery by persons authorized under other licensing laws of this state shall in no way be affected by the provisions of the Oklahoma Osteopathic Medicine Act.
Laws 1921, c. 30, p. 41, § 3; Laws 1983, c. 152, § 3, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 4, eff. July 1, 1993.
§59-624. State Board of Osteopathic Examiners - Members - Seal - Rules - Examinations.
A. There is hereby re-created the State Board of Osteopathic Examiners to continue until July 1, 2011, in accordance with the provisions of the Oklahoma Sunset Law.
B. The State Board of Osteopathic Examiners shall consist of eight (8) examiners appointed by the Governor, two of whom shall be lay persons. The remaining examiners shall be regularly licensed osteopathic physicians in good standing in this state who have been so engaged for a period of at least five (5) years immediately prior to their appointment. The osteopathic physician examiners shall be appointed by the Governor from a list of not less than six names submitted to the Governor by the Oklahoma Osteopathic Association annually, and any present member of the Board of Examiners shall be appointed to fill out the unexpired term. All appointments made to the Board shall be for terms of seven (7) years. In the event of a vacancy brought about for any reason, the post so vacated shall be filled from a list of not less than six names submitted by the Oklahoma Osteopathic Association.
C. The Board shall have and use a common seal, and make and adopt all necessary rules relating to the enforcement of the provisions of the Oklahoma Osteopathic Medicine Act.
D. Examinations may be held at the discretion of the Board, at the time and place fixed by the Board, and all applicants shall be notified in writing.
Added by Laws 1921, c. 30, p. 41, § 4. Amended by Laws 1955, p. 328, § 1, emerg. eff. May 7, 1955; Laws 1983, c. 152, § 4, emerg. eff. May 26, 1983; Laws 1988, c. 225, § 11; Laws 1990, c. 66, § 1, emerg. eff. April 16, 1990; Laws 1993, c. 5, § 1; Laws 1993, c. 230, § 5, eff. July 1, 1993; Laws 1995, c. 152, § 2, eff. Nov. 1, 1995; Laws 1999, c. 12, § 1; Laws 2005, c. 22, § 1.
§59625. Oath of members Qualifications.
Each member of said Board shall, before entering upon the duties of the office, take the oath of office prescribed by the Constitution before someone qualified to administer oaths, and shall, except for the lay person, make oath that the member is a legally qualified practitioner of osteopathic medicine in this state; and that the member has been engaged in the active practice of osteopathic medicine in this state at least five (5) years preceding the appointment of such member.
Laws 1921, c. 30, p. 42, § 5; Laws 1983, c. 152, § 5, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 6, eff. July 1, 1993.
§59-626. Organization - Officers - Duties - Bond - Expenditures - Employees - Inspection of records and facilities of licenses or applicant for license.
A. 1. The State Board of Osteopathic Examiners shall, immediately after the members have qualified, elect a president, vicepresident and secretarytreasurer.
2. The president of said Board shall preside at all meetings of the Board and perform such other duties as the Board by its rule may prescribe.
3. The vicepresident shall perform all the duties of the president, during the president's absence or disability.
4. The secretarytreasurer shall keep a record of all proceedings of the Board and perform such other duties as are prescribed in the Oklahoma Osteopathic Medicine Act, or which may be prescribed by said Board. It shall be the duty of the secretary-treasurer to receive and care for all monies coming into the hands of said Board, and to pay out the same upon orders of the Board.
B. The State Board and such employees as determined by the Board shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
C. The State Board may expend such funds as are necessary in implementing the duties of the Board. The Board may hire:
1. All necessary administrative, clerical and stenographic assistance as the Board shall deem necessary at a salary to be fixed by the Board;
2. An attorney, on a casebycase basis, to represent the Board in legal matters and to assist authorized state and county officers in prosecuting or restraining violations of the provisions of the Oklahoma Osteopathic Medicine Act. The Board shall fix the compensation of said attorney; and
3. One or more investigators as may be necessary to implement the provisions of the Oklahoma Osteopathic Medicine Act at an annual salary to be fixed by the Board, and may authorize necessary expenses. In addition, the investigators may investigate and inspect the nonfinancial business records of all persons licensed pursuant to the Oklahoma Osteopathic Medicine Act in order to determine whether or not licensees are in compliance with the Oklahoma Osteopathic Medicine Act and the Uniform Controlled Dangerous Substances Act or any other law, rule of the State of Oklahoma or any federal law or rule affecting the practice of osteopathic medicine.
D. Any licensee or applicant for license subject to the provisions of the Oklahoma Osteopathic Medicine Act shall be deemed to have given consent to any duly authorized employee or agent of the Board to access, enter, or inspect the records, either on-site or at the Board office, or facilities of such licensee or applicant subject to the Oklahoma Osteopathic Medicine Act. Refusal to allow such access, entry, or inspection may constitute grounds for the denial, nonrenewal, suspension, or revocation of a license. Upon refusal of such access, entry, or inspection, pursuant to this section, the Board or a duly authorized representative may make application for and obtain a search warrant from the district court where the facility or records are located to allow such access, entry, or inspection.
Laws 1921, c. 30, p. 42, § 6; Laws 1983, c. 152, § 6, emerg. eff. May 26, 1983; Laws 1989, c. 233, § 1, operative July 1, 1989; Laws 1993, c. 230, § 7, eff. July 1, 1993; Laws 2001, c. 16, § 2, eff. Nov. 1, 2001.
§59-627. Record of proceedings - Contents - Copy submitted to Secretary of State - Certified copy as evidence.
A. The State Board of Osteopathic Examiners shall preserve a record of its proceedings which shall be open to public inspection at all reasonable times, showing:
1. The name, age, and place of residence of each applicant;
2. The time spent in the study of osteopathic medicine;
3. The year and school from which degrees were granted;
4. Its proceeding relative to the issuance, refusal, renewal, suspension, or revocation of licenses applied for, and issued pursuant to the Oklahoma Osteopathic Medicine Act; and
5. The name, known place of business and residence, and the date and number of license of each registered osteopathic physician and surgeon.
The register shall be prima facie evidence of all matters contained therein.
B. The secretary of said Board shall on the first of March of each year submit an official copy of said register to the Secretary of State for permanent record. A certified copy of said register, or any part thereof, with the hand and seal of the secretary of said State Board of Osteopathic Examiners, or the Secretary of State, shall be admitted in evidence in all courts of the state.
C. It shall be the responsibility of each osteopathic physician licensed under this act to provide the Board with a notice of change of address within fourteen (14) business days after any relocation of practice activity.
Laws 1921, c. 30, p. 42, § 7; Laws 1983, c. 152, § 7, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 8, eff. July 1, 1993; Laws 2001, c. 16, § 3, eff. Nov. 1, 2001.
§59-628. Repealed by Laws 2001, c. 16, § 10, eff. Nov. 1 2001.
§59629. Standards of preliminary education required.
The standards of preliminary education deemed requisite for admission to an accredited osteopathic school, college or institution in good standing are that an applicant shall have completed the admission requirements of an osteopathic college accredited by the Bureau of Professional Education of the American Osteopathic Association.
Laws 1921, c. 30, p. 43, § 9; Laws 1975, c. 167, § 1, emerg. eff. May 20, 1975; Laws 1983, c. 152, § 9, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 10, eff. July 1, 1993.
§59630. Education and training required.
To practice as an osteopathic physician, the applicant shall be a graduate of a school or college of osteopathic medicine which is accredited by the Bureau of Professional Education of the American Osteopathic Association and shall have completed at least one (1) year of rotating internship or the equivalent thereof, in an accredited internship or residency program acceptable to the Board.
Laws 1921, c. 30, p. 43, § 10; Laws 1975, c. 167, § 2, emerg. eff. May 20, 1975; Laws 1983, c. 152, § 10, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 11, eff. July 1, 1993.
§59-631. School or college of osteopathic medicine defined.
The term school or college of osteopathic medicine shall mean a legally chartered and accredited school or college of osteopathic medicine requiring:
1. For admission to its courses of study, a preliminary education equal to the requirements established by the Bureau of Professional Education of the American Osteopathic Association; and
2. For granting the D.O. degree, Doctor of Osteopathy or Doctor of Osteopathic Medicine, actual attendance at such osteopathic school or college and demonstration of successful completion of the curriculum and recommendation for graduation.
Added by Laws 1921, c. 30, p. 44, § 11. Amended by Laws 1975, c. 167, § 3, emerg. eff. May 20, 1975; Laws 1983, c. 152, § 11, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 12, eff. July 1, 1993; Laws 1995, c. 152, § 3, eff. Nov. 1, 1995.
§59-632. Examination - National Board of Osteopathic Medical Examiners.
A. The examination of those who desire to practice as osteopathic physicians shall embrace those general subjects and topics, a knowledge of which is commonly and generally required of candidates for a D.O. degree, Doctor of Osteopathy or Doctor of Osteopathic Medicine, by accredited osteopathic colleges in the United States. An examination furnished by the National Board of Osteopathic Medical Examiners shall be deemed to fulfill this requirement.
B. The applicant may be accepted who has successfully completed the examination sequence of the National Board of Osteopathic Medical Examiners and meets all other requirements.
Added by Laws 1921, c. 30, p. 45, § 12. Amended by Laws 1978, c. 136, § 1; Laws 1983, c. 152, § 12, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 13, eff. July 1, 1993; Laws 1995, c. 152, § 4, eff. Nov. 1, 1995; Laws 2001, c. 16, § 4, eff. Nov. 1, 2001.
§59-633. Licensure.
Each applicant who has met all requirements for licensure shall be issued a license to practice as an osteopathic physician and surgeon.
Laws 1921, c. 30, p. 45, § 13; Laws 1983, c. 152, § 13, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 14, eff. July 1, 1993; Laws 2001, c. 16, § 5, eff. Nov. 1, 2001.
§59634. Reciprocal license.
The State Board of Osteopathic Examiners may issue a license without examination to a practitioner who is currently licensed in any country, state, territory or province, upon the following conditions:
1. That the applicant is of good moral character;
2. That the requirements of registration in the country, state, territory or province in which the applicant is licensed are deemed by the State Board to have been equivalent to the requirements of registration in force in this state at the date of such license;
3. That the applicant has no disciplinary matters pending against him in any country, state, territory or province; and
4. That the license being reciprocated must have been obtained by an examination in that country, state, territory or province deemed by the Board to be equivalent to that used by the Board, or obtained by examination of the National Board of Osteopathic Medical Examiners.
Laws 1921, c. 30, p. 45, § 14; Laws 1983, c. 152, § 14, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 15, eff. July 1, 1993.
§59-635. Repealed by Laws 1990, c. 163, § 7, eff. Sept. 1, 1990.
§59-635.1. Special volunteer medical license.
A. There is established a special volunteer medical license for physicians who are retired from active practice and wish to donate their expertise for the medical care and treatment of indigent and needy persons of the state. The special volunteer medical license shall be:
1. Issued by the State Board of Osteopathic Examiners to eligible physicians;
2. Issued without a payment of an application fee, license fee or renewal fee;
3. Issued or renewed without any continuing education requirements;
4. Issued for a fiscal year or part thereof; and
5. Renewable annually upon approval of the Board.
B. A physician must meet the following requirements to be eligible for a special volunteer medical license:
1. Completion of a special volunteer medical license application, including documentation of the physician's osteopathic school graduation and practice history;
2. Documentation that the physician has been previously issued a full and unrestricted license to practice medicine in Oklahoma or in another state of the United States and that he or she has never been the subject of any medical disciplinary action in any jurisdiction;
3. Acknowledgement and documentation that the physician's practice under the special volunteer medical license will be exclusively and totally devoted to providing medical care to needy and indigent persons in Oklahoma or to providing care under the Oklahoma Medical Reserve Corps; and
4. Acknowledgement and documentation that the physician will not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any medical services rendered under the special volunteer medical license.
Added by Laws 2003, c. 138, § 2, eff. Nov. 1, 2003. Amended by Laws 2004, c. 523, § 25, emerg. eff. June 9, 2004.
§59636. Osteopathic physicians - Reports.
Osteopathic physicians shall observe and be subject to all state and municipal regulations relative to reporting all births and deaths, and all matters pertaining to the public health, with equal rights and obligations as physicians of other schools of medicine, and such reports shall be accepted by the officers of the department to which such reports are made.
Laws 1921, c. 30, p. 46, § 16; Laws 1993, c. 230, § 16, eff. July 1, 1993.
§59-637. Refusal to issue or reinstate, suspension or revocation of license - Hearing, witnesses and evidence - Judicial review.
A. The State Board of Osteopathic Examiners may refuse to admit a person to an examination or may refuse to issue or reinstate or may suspend or revoke any license issued or reinstated by the Board upon proof that the applicant or holder of such a license:
1. Has obtained a license, license renewal or authorization to sit for an examination, as the case may be, through fraud, deception, misrepresentation or bribery; or has been granted a license, license renewal or authorization to sit for an examination based upon a material mistake of fact;
2. Has engaged in the use or employment of dishonesty, fraud, misrepresentation, false promise, false pretense, unethical conduct or unprofessional conduct, as may be determined by the Board, in the performance of the functions or duties of an osteopathic physician, including but not limited to the following:
a. obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation; willfully and continually overcharging or overtreating patients; or charging for visits to the physician's office which did not occur or for services which were not rendered,
b. using intimidation, coercion or deception to obtain or retain a patient or discourage the use of a second opinion or consultation,
c. willfully performing inappropriate or unnecessary treatment, diagnostic tests or osteopathic medical or surgical services,
d. delegating professional responsibilities to a person who is not qualified by training, skill, competency, age, experience or licensure to perform them, noting that delegation may only occur within an appropriate doctor/patient relationship, wherein a proper patient record is maintained including, but not limited to, at the minimum, a current history and physical,
e. misrepresenting that any disease, ailment, or infirmity can be cured by a method, procedure, treatment, medicine or device,
f. acting in a manner which results in final disciplinary action by any professional society or association or hospital or medical staff of such hospital in this or any other state, whether agreed to voluntarily or not, if the action was in any way related to professional conduct, professional competence, malpractice or any other violation of the Oklahoma Osteopathic Medicine Act,
g. signing a blank prescription form; or dispensing, prescribing, administering or otherwise distributing any drug, controlled substance or other treatment without sufficient examination or the establishment of a physician/patient relationship, or for other than medically accepted therapeutic or experimental or investigational purpose duly authorized by a state or federal agency, or not in good faith to relieve pain and suffering, or not to treat an ailment, physical infirmity or disease, or violating any state or federal law on controlled dangerous substances,
h. engaging in any sexual activity within a physician/patient relationship,
i. terminating the care of a patient without adequate notice or without making other arrangements for the continued care of the patient,
j. failing to furnish a copy of a patient's medical records upon a proper request from the patient or legal agent of the patient or another physician; or failing to comply with any other law relating to medical records,
k. failing to comply with any subpoena issued by the Board,
l. violating a probation agreement or order with this Board or any other agency, and
m. failing to keep complete and accurate records of purchase and disposal of controlled drugs or narcotic drugs;
3. Has engaged in gross negligence, gross malpractice or gross incompetence;
4. Has engaged in repeated acts of negligence, malpractice or incompetence;
5. Has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere in a criminal prosecution, for any offense reasonably related to the qualifications, functions or duties of an osteopathic physician, or for any offense involving moral turpitude, whether or not sentence is imposed, and regardless of the pendency of an appeal;
6. Has had the authority to engage in the activities regulated by the Board revoked, suspended, restricted, modified or limited, or has been reprimanded, warned or censured, probated or otherwise disciplined by any other state or federal agency whether or not voluntarily agreed to by the physician including, but not limited to, the denial of licensure, surrender of the license, permit or authority, allowing the license, permit or authority to expire or lapse, or discontinuing or limiting the practice of osteopathic medicine pending disposition of a complaint or completion of an investigation;
7. Has violated, or failed to comply with provisions of any act or regulation administered by the Board;
8. Is incapable, for medical or psychiatric or any other good cause, of discharging the functions of an osteopathic physician in a manner consistent with the public's health, safety and welfare;
9. Has been guilty of advertising by means of knowingly false or deceptive statements;
10. Has been guilty of advertising, practicing, or attempting to practice under a name other than one's own;
11. Has violated or refused to comply with a lawful order of the Board;
12. Has been guilty of habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habitforming drugs;
13. Has been guilty of personal offensive behavior, which would include, but not be limited to obscenity, lewdness, molestation and other acts of moral turpitude; and
14. Has been adjudicated to be insane, or incompetent, or admitted to an institution for the treatment of psychiatric disorders.
B. The State Board of Osteopathic Examiners shall neither refuse to renew, nor suspend, nor revoke any license, however, for any of these causes, unless the person accused has been given at least twenty (20) days' notice in writing of the charge against him or her and a public hearing by the State Board provided, threefourths (3/4) of a quorum present at a meeting may vote to suspend a license in an emergency situation if the licensee affected is provided a public hearing within thirty (30) days of the emergency suspension.
C. The State Board of Osteopathic Examiners shall have the power to order or subpoena the attendance of witnesses, the inspection of records and premises and the production of relevant books and papers for the investigation of matters that may come before them. The presiding officer of said Board shall have the authority to compel the giving of testimony as is conferred on courts of justice.
D. Any osteopathic physician in the State of Oklahoma whose license to practice osteopathic medicine is revoked or suspended under the previous paragraphs of this section shall have the right to seek judicial review of a ruling of the Board pursuant to the Administrative Procedures Act.
E. The Board may enact rules and regulations pursuant to the Administrative Procedures Act setting out additional acts of unprofessional conduct; which acts shall be grounds for refusal to issue or reinstate, or for action to condition, suspend or revoke a license.
Laws 1921, c. 30, p. 46, § 17; Laws 1955, p. 329, § 2, emerg. eff. May 7, 1955; Laws 1978, c. 136, § 2; Laws 1980, c. 208, § 2, emerg. eff. May 30, 1980; Laws 1983, c. 152, § 16, emerg. eff. May 26, 1983; Laws 1986, c. 50, § 2, operative July 1, 1986; Laws 1989, c. 233, § 2, operative July 1, 1989; Laws 1993, c. 230, § 17, eff. July 1, 1993; Laws 2001, c. 16, § 6, eff. Nov. 1, 2001.
§59-637.1. Alternatives to revoking, conditioning, suspending, reinstating or refusing to renew license.
A. In addition or as an alternative, as the case may be, to revoking, conditioning, suspending, reinstating or refusing to renew any license, the State Board of Osteopathic Examiners may, after affording opportunity to be heard:
1. Temporarily order suspension or limitation of license;
2. Issue an order of warning, reprimand or censure with regard to any act, conduct or practice which, in the judgment of the Board upon consideration of all relevant facts and circumstances, does not warrant the initiation of formal action;
3. Order that any person violating any provision of an act or regulation administered by the Board to cease and desist from future violations thereof or to take such affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the Board;
4. Order any person as a condition for continued, reinstated or renewed licensure or as a condition for probation or suspension to secure medical or such other professional treatment as may be necessary to properly discharge licensee functions; or
5. Order any person as a condition of any suspension or probation or any disciplinary action, to attend and produce evidence of successful completion of a specific term of education, residency or training in enumerated fields and/or institutions as ordered by the Board based on the facts of the case. Said education, residency or training shall be at the expense of the person so ordered.
B. If after considering all the testimony presented, the State Board of Osteopathic Examiners finds that the respondent has violated any provision of the Oklahoma Osteopathic Medicine Act or any rule promulgated thereto, the Board may impose on the respondent as a condition of any suspension, revocation, or probation, or any other disciplinary action, the payment of costs expended by the Board in investigating and prosecuting said cause, such costs to include but not be limited to staff time, salary and travel expense, witness fees and attorney fees. In addition, the Board may impose an administrative fine in an amount not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation.
C. The Secretary of the Board may issue a letter of concern to a licensee, without a hearing, when evidence does not warrant formal proceedings, but indications exist of possible errant conduct that could lead to serious consequences and formal action. The letter of concern may contain, at the Secretary's discretion, clarifying information from the licensee. Such letters of concern are considered remedial.
Added by Laws 1983, c. 152, § 17, emerg. eff. May 26, 1983. Amended by Laws 1989, c. 233, § 3, operative July 1, 1989; Laws 1993, c. 230, § 18, eff. July 1, 1993; Laws 1997, c. 222, § 7, eff. Nov. 1, 1997.
§59-638. Acts punishable by fine or imprisonment - False oath or affirmation as perjury.
A. Each of the following acts shall constitute a felony, punishable, upon conviction, by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for not less than ninety (90) days nor more than one (1) year, or by both such fine and imprisonment:
1. The practice of osteopathic medicine or attempt to practice osteopathic medicine without a license issued by the State Board of Osteopathic Examiners, and each visit, treatment, prescription, or attempted visit, treatment, or prescription shall constitute a separate and distinct offense;
2. Obtaining of, or attempting to obtain, a license under the provisions of this act, or obtaining, or attempting to obtain, money or any other thing of value, by fraudulent representation or false pretense;
3. Advertising as an osteopathic physician and surgeon, or practicing or attempting to practice osteopathic medicine under a false, assumed, or fictitious name, or a name other than the real name; or
4. Allowing any person in the licensee's employment or control to practice as an osteopathic physician and surgeon when not actually licensed to do so.
B. Any person making any willfully false oath or affirmation whenever oath or affirmation is required by the Oklahoma Osteopathic Medicine Act shall be deemed guilty of the felony of perjury, and upon conviction, shall be punished as prescribed by the general laws of this state.
Added by Laws 1921, c. 30, p. 47, § 18. Amended by Laws 1983, c. 152, § 18, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 19, eff. July 1, 1993; Laws 1997, c. 133, § 509, eff. July 1, 1999; Laws 2004, c. 523, § 12, emerg. eff. June 9, 2004.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 509 from July 1, 1998, to July 1, 1999.
§59-641. Osteopaths - Annual renewal of certificate - Fee - Attendance at educational program - Notice to licensee.
A. All persons legally licensed to practice osteopathic medicine in this state, on or before the first day of July of each year, shall apply to the secretarytreasurer of the Board, on forms furnished thereby, for a renewal certificate of registration entitling such licensee to practice osteopathic medicine and surgery in Oklahoma during the next ensuing fiscal year.
B. Each application shall be accompanied by a renewal fee in an amount sufficient to cover the cost and expense incurred by the State Board of Osteopathic Examiners, for a renewal of the person's certificate to practice osteopathic medicine.
C. In addition to the payment of the annual renewal fee each licensee applying for a renewal of the certificate shall furnish to the State Board of Osteopathic Examiners proof that the person has attended at least two (2) days of the annual educational program conducted by the Oklahoma Osteopathic Association, or its equivalent, as determined by the Board, in the fiscal year preceding the application for a renewal; provided, the Board may excuse the failure of the licensee to attend the educational program in the case of illness or other unavoidable casualty rendering it impossible for the licensee to have attended the educational program or its equivalent.
D. The secretary of the State Board of Osteopathic Examiners shall send a written notice to every person holding a legal certificate to practice osteopathic medicine in this state, at least thirty (30) days prior to the first day of July each year, directed to the lastknown address of the licensee, notifying the licensee that it will be necessary for the licensee to pay the renewal license fee as herein provided, and proper forms shall accompany the notice upon which the licensee shall make application for renewal of the certificate.
Laws 1939, p. 75, § 1, emerg. eff. May 12, 1939; Laws 1963, c. 56, § 1, emerg. eff. May 13, 1963; Laws 1974, c. 165, § 1, emerg. eff. May 9, 1974; Laws 1980, c. 246, § 1, emerg. eff. May 16, 1980; Laws 1983, c. 152, § 20, emerg. eff. May 26, 1983; Laws 1986, c. 50, § 3, operative July 1, 1986; Laws 1993, c. 230, § 20, eff. July 1, 1993; Laws 2001, c. 16, § 7, eff. Nov. 1, 2001.
§59642. Failure to comply with license renewal requirements Cancellation of license Reinstatement Inactive status prohibited Voluntary cancellation of license.
A. If any licensee shall fail to comply with the requirements of Section 641 of this title or this section and such license is allowed to lapse, the licensee shall, upon order of the State Board of Osteopathic Examiners, forfeit the right to practice osteopathic medicine in this state and the license and certificate shall be canceled, provided, however, that the Board may reinstate such person upon the payment of all fees due, plus a penalty fee in the amount fixed by the State Board of Osteopathic Examiners not to exceed twice the amount of the license renewal fees as determined by the Board and upon the presentation of satisfactory evidence of the attendance at an educational program as provided for in Sections 637 and 641 of this title. The State Board of Osteopathic Examiners shall not place the license of any person authorized to practice osteopathic medicine in this state on inactive status.
B. Licensees who retire from such practice or desire to request cancellation of their license shall file with the State Board of Osteopathic Examiners an affidavit, on a form to be furnished by the Board, which states the date of retirement and such other facts to verify the retirement or other reasons for cancellation as the Board may deem necessary and the license shall be canceled. If a licensee desires to reengage the practice, the licensee shall reinstate the license as provided for in Sections 637 and 641 of this title and subsection A of this section.
Laws 1939, p. 76, § 2, emerg. eff. May 12, 1939; Laws 1974, c. 165, § 2, emerg. eff. May 9, 1974; Laws 1980, c. 246, § 2, emerg. eff. May 16, 1980; Laws 1983, c. 152, § 21, emerg. eff. May 26, 1983; Laws 1986, c. 50, § 4, operative July 1, 1986; Laws 1989, c. 233, § 4, operative July 1, 1989; Laws 1993, c. 230, § 21, eff. July 1, 1993.
§59-643. Use of fund.
The funds received pursuant to the Oklahoma Osteopathic Medicine Act shall be deposited to the credit of the State Board of Osteopathic Examiners Revolving Fund and may be expended by the State Board of Osteopathic Examiners and under its direction in assisting in the enforcement of the laws of this state prohibiting the unlawful practice of osteopathic medicine, assisting in the support of a peer assistance program, and for the dissemination of information to prevent the violation of such laws, and for the purchasing of supplies and such other expense as is necessary to properly carry out the provisions of the Oklahoma Osteopathic Medicine Act.
Laws 1939, p. 76, § 3, emerg. eff. May 12, 1939; Laws 1955, p. 329, § 3, emerg. eff. May 7, 1955; Laws 1980, c. 246, § 3, emerg, eff. May 16, 1980; Laws 1983, c. 152, § 22, emerg. eff. May 26, 1983; Laws 1993, c. 230, § 22, eff. July 1, 1993; Laws 2001, c. 16, § 8, eff. Nov. 1, 2001.
§59-644. State Board of Osteopathic Examiner's Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the State Board of Osteopathic Examiners, to be designated the "State Board of Osteopathic Examiner's Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board pursuant to the provisions of the Oklahoma Osteopathic Medicine Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of enforcing the laws of this state which prohibit the unlawful practice of osteopathic medicine, for the dissemination of information to prevent the violation of such laws, and for the purchase of supplies and such other expense as is necessary to properly implement the provisions of the Oklahoma Osteopathic Medicine Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims signed by an authorized employee or employees of the State Board of Osteopathic Examiners and filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1983, c. 152, § 23, emerg. eff. May 26, 1983. Amended by Laws 1993, c. 230, § 23, eff. July 1, 1993; Laws 2001, c. 16, § 9, eff. Nov. 1, 2001.
§59645. Rules Fees.
The State Board of Osteopathic Examiners shall adopt such rules as may be necessary to implement the provisions of the Oklahoma Osteopathic Medicine Act and may establish fees authorized but not specified in the Oklahoma Osteopathic Medicine Act.
Laws 1989, c. 233, § 5, operative July 1, 1989; Laws 1993, c. 230, § 24, eff. July 1, 1993.
§59-698.1. Short title.
Chapter 15 of this title shall be known and may be cited as the "Oklahoma Veterinary Practice Act".
Added by Laws 1971, c. 126, § 1, emerg. eff. May 4, 1971. Amended by Laws 1999, c. 94, § 1, eff. Nov. 1, 1999.
§59-698.2. Definitions.
As used in the Oklahoma Veterinary Practice Act:
1. "Board" means the State Board of Veterinary Medical Examiners;
2. "Animal" means any animal other than humans and includes, but is not limited to, fowl, fish, birds and reptiles, wild or domestic, living or dead;
3. "Veterinarian" means a person who has received a degree in veterinary medicine or its equivalent from a school of veterinary medicine;
4. "Licensed veterinarian" means any veterinarian who holds an active license to practice veterinary medicine in this state;
5. "School of veterinary medicine" means any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent, which conforms to the standards required for accreditation by the American Veterinary Medical Association (AVMA) and which is recognized and approved by the Board;
6. "Veterinary technician" means a person who has graduated from a program accredited by the American Veterinary Medical Association, or its equivalent which is recognized and approved by the Board, and who has passed the examination requirements set forth by the Board, is certified to practice under the direct supervision of a licensed veterinarian. For the purpose of the Oklahoma Veterinary Practice Act, "registered veterinary technician (RVT)" will be used interchangeably with veterinary technician who is certified pursuant to Sections 698.21 through 698.26 of this title;
7. "Veterinary technologist" means a person who has successfully graduated from an AVMA-accredited bachelor degree program of veterinary technology, or its AVMA equivalent;
8. "Veterinary assistant" means an individual who may perform the duties of a veterinary technician or veterinary technologist, however, has not graduated from an AVMA-accredited technology program or its equivalent, and has not been certified by the Board;
9. "Veterinary technology" means the science and art of providing all aspects of professional medical care, services, and treatment for animals with the exception of diagnosis, prognosis, surgery, and prescription of any treatments, drugs, medications, or appliances, where a valid veterinarian-client-patient relationship exists;
10. "Direct supervision" means:
a. directions have been given to a veterinary technician, nurse, laboratory technician, intern, veterinary assistant or other employee for medical care following the examination of an animal by the licensed veterinarian responsible for the professional care of the animal, or
b. that, under certain circumstances following the examination of an animal by a licensed veterinarian responsible for the professional care of the animal, the presence of the licensed veterinarian on the premises in an animal hospital setting or in the same general area in a range setting is required after directions have been given to a veterinarian who has a certificate issued pursuant to Section 698.8 of this title;
11. "License" means authorization to practice veterinary medicine granted by the Board to an individual found by the Board to meet certain requirements pursuant to the Oklahoma Veterinary Practice Act or any other applicable statutes;
12. "Supervised Doctor of Veterinary Medicine Certificate" means authorization to practice veterinary medicine with certain limitations or restrictions on that practice, set by the Board or authorization to perform certain enumerated functions peripheral to the practice of veterinary medicine as set by the Board and has a certificate issued pursuant to Section 698.8 of this title;
13. "Veterinarian-client-patient relationship" means when:
a. the licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal or animals and the need for medical treatment, and the client, owner or other caretaker has agreed to follow the instructions of the licensed veterinarian; and
b. there is sufficient knowledge of the animal or animals by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal or animals in that:
(1) the licensed veterinarian has recently seen or is personally acquainted with the keeping and care of the animal or animals, or
(2) by medically necessary and timely visits to the premises where the animal or animals are kept or both, and
c. the licensed veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy, or has arranged for emergency medical coverage, and
d. would conform to applicable federal law and regulations;
14. "Veterinary premises" means any facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile unit, mobile clinic, outpatient clinic, satellite clinic, public service outreach of a veterinary facility, or veterinary hospital or clinic. The term "veterinary premises" shall not include the premises of a client of a licensed veterinarian or research facility;
15. "Veterinary prescription drugs" means such prescription items as are in the possession of a person regularly and lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution of veterinary drugs and the federal Food and Drug Administration-approved human drugs for animals which because of their toxicity or other potential for harmful effects, or method of use, or the collateral measures necessary for use, are labeled by the manufacturer or distributor in compliance with federal law and regulations to be sold only to or on the prescription order or under the supervision of a licensed veterinarian for use in the course of professional practice. Veterinary prescription drugs shall not include over-the-counter products for which adequate directions for lay use can be written.
16. "ECFVG certificate" means a certificate issued by the American Veterinary Medical Association Education Commission for Foreign Veterinary Graduates, indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine;
17. "Executive Director" means the Executive Director of the State Board of Veterinary Medical Examiners or the authorized representative of such official;
18. "Telemedicine" shall mean the transmission of diagnostic images such as, but not limited to, radiographs, ultrasound, cytology, endoscopy, photographs and case information over ordinary or cellular phone lines to a licensed veterinarian or board-certified medical specialist for the purpose of consulting regarding case management with the primary care licensed veterinarian who transmits the cases;
19. "Person" means any individual, firm, partnership, association, joint venture, cooperative, corporation, or any other group or combination acting in concert, and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, fictitious name certificate, or any other representative of such person;
20. "Food animal" means any mammalian, poultry, fowl, fish, or other animal that is raised primarily for human food consumption;
21. "Surgery" means the branch of veterinary science conducted under elective or emergency circumstances, which treats diseases, injuries and deformities by manual or operative methods including, but not limited to, cosmetic, reconstructive, ophthalmic, orthopedic, vascular, thoracic, and obstetric procedures. The provisions in Section 698.12 of this title shall not be construed as surgery;
22. "Abandonment" means to forsake entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or the owner's agent. Abandonment shall constitute the relinquishment of all rights and claims by the owner to an animal;
23. "Animal chiropractic diagnosis and treatment" means treatment that includes vertebral subluxation complex (vcs) and spinal manipulation of nonhuman vertebrates. The term "animal chiropractic diagnosis and treatment" shall not be construed to allow the:
a. use of x-rays,
b. performing of surgery,
c. dispensing or administering of medications, or
d. performance of traditional veterinary care; and
24. "Animal euthanasia technician" means an employee of a law enforcement agency, an animal control agency, or animal shelter that is recognized and approved by the Board, who is certified by the Board and trained to administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals.
Added by Laws 1971, c. 126, § 2, emerg. eff. May 4, 1971. Amended by Laws 1982, c. 192, § 1, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 1, eff. Sept. 1, 1990; Laws 1998, c. 80, § 1, eff. Nov. 1, 1998; Laws 1999, c. 94, § 2, eff. Nov. 1, 1999; Laws 2000, c. 199, § 7, eff. Nov. 1, 2000; Laws 2000, c. 334, § 5, eff. Nov. 1, 2000; Laws 2002, c. 172, § 1, eff. Nov. 1, 2002.
NOTE: Laws 2000, c. 131, § 4 repealed by Laws 2000, c. 334, § 9, eff. Nov. 1, 2000.
§59-698.3. Board of Veterinary Medical Examiners - Purpose - Conflicts of interest - Liability.
A. The State Board of Veterinary Medical Examiners is hereby recreated, to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law, to regulate and enforce the practice of veterinary medicine in this state in accordance with the Oklahoma Veterinary Practice Act.
B. 1. The duty of determining a person's initial and continuing qualification and fitness for the practice of veterinary medicine, of proceeding against the unlawful and unlicensed practice of veterinary medicine and of enforcing the Oklahoma Veterinary Practice Act is hereby delegated to the Board. That duty shall be discharged in accordance with the Oklahoma Veterinary Practice Act and other applicable statutes.
2. a. It is necessary that the powers conferred on the Board by the Oklahoma Veterinary Practice Act be construed to protect the health, safety and welfare of the people of this state.
b. No member of the Board, acting in that capacity or as a member of any Board committee, shall participate in the making of any decision or the taking of any action affecting such member's own personal, professional or pecuniary interest, or that of a person related to the member within the third degree by consanguinity, marriage or adoption or of a business or professional associate.
c. With advice of legal counsel, the Board shall adopt and annually review a conflict of interest policy to enforce the provisions of the Oklahoma Veterinary Practice Act.
C. The practice of veterinary medicine is a privilege granted by the people of this state acting through their elected representatives. It is not a natural right of individuals. In the interest of the public, and to protect the public, it is necessary to provide laws and rules to govern the granting and subsequent use of the privilege to practice veterinary medicine. The primary responsibility and obligation of the Board is to protect the public from the unprofessional, improper, incompetent and unlawful practice of veterinary medicine.
D. The liability of any member or employee of the Board acting within the scope of Board duties or employment shall be governed by the Governmental Tort Claims Act.
Added by Laws 1971, c. 126, § 3, emerg. eff. May 4, 1971. Amended by Laws 1982, c. 32, § 1, emerg. eff. March 26, 1982; Laws 1988, c. 225, § 12; Laws 1990, c. 314, § 2, eff. Sept. 1, 1990; Laws 1994, c. 112, § 1, eff. July 1, 1994; Laws 1999, c. 94, § 3, eff. Nov. 1, 1999; Laws 2000, c. 89, § 1.
§59-698.4. Appointment - Qualifications - Terms - Removal for cause.
A. 1. The State Board of Veterinary Medical Examiners shall consist of six (6) members, appointed by the Governor with the advice and consent of the Senate. The Board shall consist of five licensed veterinarian members, and one lay person representing the general public.
2. Each veterinary member shall be a graduate of an approved school of veterinary medicine, shall be a currently licensed veterinarian and shall have held an active license for the three (3) years preceding appointment to the Board. One member shall be appointed from each congressional district and any remaining members shall be appointed from the state at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district.
3. The lay member shall have no financial interest in the profession other than as a consumer or potential consumer of its services.
4. Members must be residents of the State of Oklahoma and be persons of integrity and good reputation. No member shall be a registered lobbyist. No member shall be an officer, board member or employee of a statewide or national organization established for the purpose of advocating the interests of or conducting peer review of veterinarians licensed pursuant to the Oklahoma Veterinary Practice Act.
B. Members of the Board shall be appointed for a term of five (5) years. No member shall serve consecutively for more than two (2) terms. Not more than two (2) terms shall expire in each year, and vacancies for the remainder of an unexpired term shall be filled by appointment by the Governor. Members shall serve beyond the expiration of their term until a successor is appointed by the Governor. The initial appointee for the Board position created on November 1, 1999, shall be appointed for less than five (5) years to abide by staggered term requirements. The Governor shall appoint to a vacancy within ninety (90) days of the beginning of the vacancy. Nominees considered by the Governor for appointment to the Board must be free of pending disciplinary action or active investigation by the Board.
C. A member may be removed from the Board by the Governor for cause which shall include, but not be limited to, if a member:
1. Ceases to be qualified;
2. Is found guilty by a court of competent jurisdiction of a felony or unlawful act which involves moral turpitude;
3. Is found guilty of malfeasance, misfeasance or nonfeasance in relation to Board duties;
4. Is found mentally incompetent by a court of competent jurisdiction;
5. Is found in violation of the Oklahoma Veterinary Practice Act; or
6. Fails to attend three successive Board meetings without just cause as determined by the Board.
Added by Laws 1971, c. 126, § 4, emerg. eff. May 4, 1971. Amended by Laws 1990, c. 314, § 3, eff. Sept. 1, 1990; Laws 1999, c. 94, § 4, eff. Nov. 1, 1999; Laws 2002, c. 375, § 8, eff. Nov. 5, 2002.
§59698.5. Oath of office Officers, powers and duties Reports - Standing or ad hoc committees.
A. 1. Each member of the State Board of Veterinary Medical Examiners shall take the constitutional oath of office.
2. The Board shall organize annually, at the last meeting of the Board before the beginning of the next fiscal year, by electing from the Board membership a president, vicepresident and secretarytreasurer. Officers of the Board shall serve for terms of one (1) year or until their successors are elected. Officers shall not succeed themselves for more than one term. The lay member appointed to the Board shall not hold elective office.
B. 1. The president shall:
a. preside at Board meetings,
b. arrange the Board agenda,
c. sign Board orders and other required documents,
d. appoint Board committees and their chairpersons,
e. coordinate Board activities,
f. represent the Board before legislative committees, and
g. perform those other duties assigned by the Board and this section.
2. The vicepresident shall perform the duties of president during the president's absence or disability and shall assist the president in duties as requested.
3. The secretary-treasurer shall be responsible for the administrative functions of the Board.
4. The employment of administrative, investigative, legal and clerical personnel shall be subject to the approval of the Board.
5. At the end of each fiscal year the president and secretarytreasurer shall prepare or cause to be prepared and submit to the Governor a report on the transactions of the Board.
C. To facilitate its work effectively, fulfill its duties and exercise its powers, the Board may establish standing or ad hoc committees. The president shall appoint members and chairpersons of the committees and determine the length of terms of service. The president may appoint individuals to serve on a standing or ad hoc committee for a term not to exceed one (1) year.
Added by Laws 1971, c. 126, § 5, emerg. eff. May 4, 1971. Amended by Laws 1980, c. 159, § 13, emerg. eff. April 2, 1980; Laws 1990, c. 314, § 4, eff. Sept. 1, 1990; Laws 1999, c. 94, § 5, eff. Nov. 1, 1999.
§59-698.5a. Authority and duties.
A. 1. Investigators for the State Board of Veterinary Medical Examiners shall perform such services as are necessary in the investigation of criminal activity or preparation of administrative actions.
2. In addition, investigators shall have the authority and duty to investigate and inspect the records of all licensees in order to determine whether the licensee is in compliance with applicable narcotics and dangerous drug laws and regulations.
B. Any investigator certified as a peace officer by the Council on Law Enforcement Education and Training shall have statewide jurisdiction to perform the duties authorized by this section. In addition, the investigator shall be considered a peace officer and shall have the powers now or hereafter vested by law in peace officers.
Added by Laws 1998, c. 80, § 2, eff. Nov. 1, 1998. Amended by Laws 1999, c. 94, § 6, eff. Nov. 1, 1999.
§59698.6. Meetings Notice - Emergency meetings - Travel expenses - Revenues and funds - Increases in fees, charges, etc.
A. The State Board of Veterinary Medical Examiners shall meet at least once each year in the first half of the calendar year and once each year in the second half of the calendar year. In addition, the Board may meet at other times of the year as is deemed necessary to conduct the business of the Board. The Board shall meet at the time and place fixed by order of the Board president or by order of three members of the Board acting jointly upon refusal of the president to call for or fix a time and place for said meeting.
B. 1. Notice of meetings shall be filed in conformance with the Oklahoma Open Meeting Act. Members shall be notified of each meeting at least twenty (20) days before said meeting, except in the case of a meeting called for emergency purposes.
2. Emergency meetings may be called at any time by the president or at the request of three Board members as required to enforce the Oklahoma Veterinary Practice Act. The Board may establish procedures by which the Board may call an emergency meeting in accordance with the Oklahoma Open Meeting Act. The Board may establish procedures by which committee advice may be obtained in cases of emergency.
3. The Board shall establish a system for giving all Board and committee members and the public reasonable notice of scheduled meetings.
4. Minutes of all Board and committee meetings shall be kept in accordance with promulgated rules of the Board and other applicable statutes.
C. All meetings of the Board and its committees shall be open to the public except as set out in Article II of the Administrative Procedures Act and the Oklahoma Open Meeting Act.
D. Each Board member shall receive reimbursement for expenses in accordance with the Oklahoma Travel Reimbursement Act and rules promulgated by the Board.
E. 1. The Board shall be fully supported by the revenues generated from its activities, including fees, charges and reimbursed costs.
2. All such revenues, with the exception of the ten percent (10%) of its revenue required to be deposited in the General Revenue Fund, shall be deposited to the Veterinary Medical Examiners Fund and shall be credited to the account of the State Board of Veterinary Medical Examiners. Any revenue remaining in the revolving fund at the end of any fiscal year shall be carried over to the next fiscal year in the account of the State Board of Veterinary Medical Examiners.
3. The Board shall operate on the fiscal year beginning July 1 and ending June 30 of each year.
4. The Board shall develop and adopt its own budget reflecting revenues, including reimbursed costs associated with the administrative, investigative, and legal expenditures for taking disciplinary action, and the establishment and maintenance of a reasonable reserve fund.
F. All fees, charges, reimbursement minimums and other revenue generating amounts shall be promulgated by the Board by rule and shall reflect normal increases due to inflation or cost of doing business.
Added by Laws 1971, c. 126, § 6, emerg. eff. May 4, 1971. Amended by Laws 1982, c. 192, § 2, emerg. eff. April 22, 1982; Laws 1985, c. 178, § 36, operative July 1, 1985; Laws 1990, c. 314, § 5, eff. Sept. 1, 1990; Laws 1999, c. 94, § 7, eff. Nov. 1, 1999.
NOTE: Laws 1982, c. 32, § 2 repealed by Laws 1985, c. 178, § 81, operative July 1, 1985.
§59-698.7. Powers and duties of Board.
The State Board of Veterinary Medical Examiners shall have the powers and it shall also be its duty to regulate the practice of veterinary medicine. In addition to any other powers placed on it by the Oklahoma Veterinary Practice Act or as otherwise provided by law, the Board shall have the power and duty to:
1. a. set standards for licensure or certification by examination and develop such examinations as will provide assurance of competency to practice, and
b. employ or enter into agreements with organizations or agencies to provide examinations acceptable to the Board or employ or enter into agreements with organizations or agencies to provide administration, preparation or scoring of examinations;
2. Set fees;
3. Prescribe the time, place, method, manner, scope and subjects of examination for licensure;
4. Prepare or select, conduct or direct the conduct of, set minimum requirements for, and assure security of licensing and other required examinations;
5. a. issue or deny licenses and certificates and renewals thereof,
b. acquire information about and evaluate the professional education and training of applicants for licensure or certification; and accept or deny applications for licensure, certification or renewal of either licensure or certification based on the evaluation of information relating to applicant fitness, performance or competency to practice,
c. determine which professional schools, colleges, universities, training institutions and educational programs are acceptable in connection with licensure pursuant to the Oklahoma Veterinary Practice Act, and accept the approval of such facilities and programs by American-Veterinary-Medical-Association-accredited institutions in the United States and Canada,
d. require supporting documentation or other acceptable verifying evidence for any information provided the Board by an applicant for licensure or certification, and
e. require information on an applicant's fitness, qualification and previous professional record and performance from recognized data sources including, but not limited to, other licensing and disciplinary authorities of other jurisdictions, professional education and training institutions, liability insurers, animal health care institutions and law enforcement agencies;
6. Develop and use applications and other necessary forms and related procedures for purposes of the Oklahoma Veterinary Practice Act;
7. a. review and investigate complaints and adverse information about licensees and certificate holders,
b. conduct hearings in accordance with the Oklahoma Veterinary Practice Act and the Administrative Procedures Act, and
c. adjudicate matters that come before the Board for judgment pursuant to the Oklahoma Veterinary Practice Act upon clear and convincing evidence and issue final decisions on such matters to discipline licensees and certificate holders;
8. a. impose sanctions, deny licenses and certificates and renewals thereof, levy reimbursement costs, seek appropriate administrative, civil or criminal penalties or any combination of these against those who violate examination security, who attempt to or who do obtain licensure or certification by fraud, who knowingly assist in illegal activities, or who aid and abet the illegal practice of veterinary medicine,
b. review and investigate complaints and adverse information about licensees and certificate holders,
c. discipline licensees and certificate holders,
d. institute proceedings in courts of competent jurisdiction to enforce Board orders and provisions of the Oklahoma Veterinary Practice Act,
e. (1) establish mechanisms for dealing with licensees and certificate holders who abuse or are dependent on or addicted to alcohol or other chemical substances, and enter into agreements, at its discretion, with professional organizations whose relevant procedures and techniques it has evaluated and approved for their cooperation or participation in the rehabilitation of the licensee or certificate holder,
(2) establish by rules cooperation with other professional organizations for the identification and monitoring of licensees and certificate holders in treatment who are chemically dependent or addicted, and
f. issue conditional, restricted or otherwise circumscribed modifications to licensure or certification as determined to be appropriate by due process procedures and summarily suspend a license if the Board has cause to believe by clear and convincing evidence such action is required to protect public or animal health and safety or to prevent continuation of incompetent practices;
9. Promulgate rules of professional conduct and require all licensees and certificate holders to practice in accordance therewith;
10. Act to halt the unlicensed or illegal practice of veterinary medicine and seek administrative, criminal and civil penalties against those engaged in such practice;
11. Establish appropriate fees and charges to ensure active and effective pursuit of Board responsibilities;
12. Employ, direct, reimburse, evaluate and dismiss staff in accordance with state procedures;
13. Establish policies for Board operations;
14. Respond to legislative inquiry regarding those changes in, or amendments to, the Oklahoma Veterinary Practice Act;
15. Act on its own motion in disciplinary matters, administer oaths, issue notices, issue subpoenas in the name of the State of Oklahoma, including subpoenas for client and animal records, hold hearings, institute court proceedings for contempt or to compel testimony or obedience to its orders and subpoenas, take evidentiary depositions and perform such other acts as are reasonable and necessary under law to carry out its duties;
16. Use clear and convincing evidence as the standard of proof and issue final decisions when acting as trier of fact in the performance of its adjudicatory duties;
17. Determine and direct Board operating, administrative, personnel and budget policies and procedures in accordance with applicable statutes;
18. Promulgate uniform rules such as may be necessary for carrying out and enforcing the provisions of the Oklahoma Veterinary Practice Act and such as in its discretion may be necessary to protect the health, safety and welfare of the public;
19. Determine continuing education requirements;
20. Establish minimum standards for veterinary premises;
21. Establish standards for veterinary labeling and dispensing of veterinary prescription drugs and federal Food and Drug Administration-approved human drugs for animals which would conform to current applicable state and federal law and regulations;
22. Promulgate rules such as may be necessary for carrying out and enforcing provisions relating to certification of animal euthanasia technicians and approval of drugs to be used for euthanasia of animals in an animal shelter pursuant to the requirements of Section 502 of Title 4 of the Oklahoma Statutes;
23. Shall conduct a national criminal history records search for certified animal euthanasia technicians:
a. the applicant shall furnish the Board two completed fingerprint cards and a money order or cashier's check made payable to the Oklahoma State Bureau of Investigation,
b. the Board shall forward the fingerprint cards, along with the applicable fee for a national fingerprint criminal history records search, to the Bureau, and
c. the Bureau shall retain one set of fingerprints in the Automated Fingerprint Identification System (AFIS) and submit the other set to the Federal Bureau of Investigation (FBI) for a national criminal history records search;
24. Establish standards for animal chiropractic diagnosis and treatment. The standards shall include but not be limited to a requirement that a veterinarian who holds himself or herself out to the public as certified to engage in animal chiropractic diagnosis and treatment shall:
a. carry at least One Million Dollars ($1,000,000.00) of additional malpractice coverage to perform animal chiropractic diagnosis and treatment, and
b. have appropriate training in animal chiropractic diagnosis and treatment. The Veterinary Examining Board shall have the authority to establish educational criteria for certification standards in animal chiropractic diagnosis and treatment. The Veterinary Examining Board shall work in conjunction with the Board of Chiropractic Examiners to establish comparable standards for the practice of animal chiropractic diagnosis and treatment for both medical professions within thirty (30) days after the effective date of this act. The Board shall certify any licensed veterinarian wishing to engage in animal chiropractic diagnosis and treatment who meets the standards established by the Board pursuant to this paragraph. Upon request, the Board shall make available to the public a list of licensed veterinarians so certified; and
25. Perform such other duties and exercise such other powers as the provisions and enforcement of the Oklahoma Veterinary Practice Act may require.
Added by Laws 1971, c. 126, § 7, emerg. eff. May 4, 1971. Amended by Laws 1982, c. 192, § 3, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 6, eff. Sept. 1, 1990; Laws 1997, c. 143, § 1, eff. Nov. 1, 1997; Laws 1999, c. 94, § 8, eff. Nov. 1, 1999; Laws 2000, c. 199, § 5, eff. Nov. 1, 2000; Laws 2000, c. 334, § 6, eff. Nov. 1, 2000; Laws 2002, c. 172, § 2, eff. Nov. 1, 2002.
NOTE: Laws 2000, c. 131, § 5 repealed by Laws 2000, c. 334, § 9, eff. Nov. 1, 2000.
§59698.8. Licenses Evidence of suitability to practice - Practice without license - Certificate in lieu of license.
A. It shall be unlawful to practice veterinary medicine in this state without a license or certificate issued by the State Board of Veterinary Medical Examiners.
B. Requirements for licensure or certification shall be set by the Board and may be changed as the education and training for the practice of veterinary medicine changes. Prior to issuance of a license or certificate to practice veterinary medicine in this state, the applicant shall have been found by the Board to be of good moral character and the Board shall consider but not be limited to the following evidence of suitability to practice:
1. a. Graduation from an approved school of veterinary medicine whose requirements at the time of graduation are acceptable to the Board.
b. Graduates of schools of veterinary medicine located outside the United States and Canada shall be held to the same standards for evidence of suitability to practice as are graduates of schools of veterinary medicine located within the United States in that applicants shall conform in all respects to the requirements set forth in this section. Where necessary, further examination shall be administered by the Board or its designee to determine competency to practice. In addition, applicants shall demonstrate a command of the English language satisfactory to the Board. Documents and material submitted in support of application for licensure or certification, if in a foreign language, shall be translated and certified as accurate by an organization acceptable to the Board;
2. Satisfactory completion of a minimum number of months of education in veterinary medicine as a requirement for graduation from a school of veterinary medicine as set by the Board;
3. Evidence that the applicant for licensure or certification is of good moral character;
4. a. Except as otherwise provided by this paragraph, evidence that the applicant has passed examinations satisfactory to the Board and that the examination score is acceptable to the Board. The Board may set minimum passing scores for examinations and limit the number of times an applicant may take an examination in this state.
b. In lieu of national examination requirements, an applicant shall have actively engaged in the clinical practice of veterinary medicine for a period of at least five thousand (5,000) hours during the five (5) consecutive years immediately prior to making application in Oklahoma and hold a license to practice veterinary medicine in another state, territory, district or province of the United States and Canada and successfully passed the Oklahoma State Jurisprudence Examination;
5. Evidence that the applicant has demonstrated familiarity with the statutes and rules set by the Board;
6. Evidence that the applicant is mentally and professionally capable of practicing veterinary medicine in a competent manner as determined by the Board and willing to submit, if deemed appropriate by the Board, to an evaluation of skills and abilities;
7. Evidence that the applicant has not been found guilty by a court of law of any conduct that would constitute grounds for disciplinary action under the Oklahoma Veterinary Practice Act or rules of the Board, and there has been no disciplinary action taken against the applicant by any public agency concerned with the practice of veterinary medicine;
8. If the Board deems it necessary, a personal appearance by the applicant before the Board in support of the applicant's application for licensure or certification. If the Board is not satisfied with the credentials of the applicant, or demonstration of knowledge or skills presented, the Board may require further examination or supervised practice before reconsideration of the application; and
9. Evidence that all required fees have been paid.
C. Practice without the legal possession of an active license or certificate shall be prohibited, and evidence of said practice shall be reported by the Board to the district attorney of the county in which the practice is found to occur.
D. Certificates may be issued to any veterinarian who has failed to obtain or failed to maintain a regular license to practice veterinary medicine. Such certificates may be issued by the Board at such times as the Board determines that all requirements for possession of such certificate have been met as set by rules and policies of the Board. Certificates may be issued for, but not limited to, the practice of veterinary medicine under the direct supervision of a licensed veterinarian while the application for full licensure is pending.
Added by Laws 1971, c. 126, § 8, emerg. eff. May 4, 1971. Amended by Laws 1976, c. 48, § 1, emerg. eff. April 9, 1976; Laws 1982, c. 192, § 4, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 7, eff. Sept. 1, 1990; Laws 1999, c. 94, § 9, eff. Nov. 1, 1999.
§59-698.8a. Veterinary faculty license.
The State Board of Veterinary Medical Examiners may issue a veterinary faculty license to any qualified applicant associated with one of the state's institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions:
1. The holder of the veterinary faculty license shall be remunerated for the practice aspects of the services of the holder solely from state, federal or institutional funds and not from the patient-owner beneficiary of his practice efforts;
2. The applicant will furnish the Board with such proof as the Board may deem necessary to demonstrate that:
a. the applicant is a graduate of a reputable school or college of veterinary medicine,
b. the applicant has or will have a faculty position at one of the state's institutions of higher learning and will be involved in the instructional program of either undergraduate or graduate veterinary medical students, as certified by an authorized administrative official at such institution, and
c. the applicant understands and agrees that the faculty license is valid only for the practice of veterinary medicine as a faculty member of the institution;
3. The license issued pursuant to this section may be revoked, suspended or not renewed or the licensee may be placed on probation or otherwise disciplined in accordance with the provisions of the Oklahoma Veterinary Practice Act; and
4. The license issued pursuant to this section may be canceled by the Board upon receipt of information that the holder of the veterinary faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state.
Added by Laws 1991, c. 265, § 21, eff. Oct. 1, 1991. Amended by Laws 1999, c. 94, § 10, eff. Nov. 1, 1999.
§59-698.9. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990.
§59-698.9a. Reinstatement of suspended, revoked or nonrenewed licenses or certificates.
A. 1. Licenses or certificates suspended, revoked or not renewed for any purpose may be reinstated upon the motion of the State Board of Veterinary Medical Examiners upon proper application of the licensee or certificate holder.
2. A license or certificate suspended for failure to renew may be reinstated by the president or secretary-treasurer of the Board. Provided, such action shall be approved or ratified, or may be rescinded by the Board at the Board meeting following such action.
B. Requirements for reinstatement of a license or certificate which has been suspended, revoked or not renewed shall be by rule and shall include, but not be limited to, evidence that:
1. All requirements for full licensure or certification have been met; and
2. The applicant has not been convicted or the applicant's license or certificate suspended, revoked or not renewed or placed on probation in another state for violations of an act that would constitute the same or similar penalty in this state.
Added by Laws 1990, c. 314, § 8, eff. Sept. 1, 1990. Amended by Laws 1999, c. 94, § 11, eff. Nov. 1, 1999.
§59-698.10. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990.
§59-698.10a. Renewal certificate of registration - Application - Failure to renew - Fee - Automatic suspension.
A. Every licensed veterinarian who is the holder of a license or certificate authorizing the practice of veterinary medicine in any manner whatsoever shall on or before the first day of July of each and every year apply to the State Board of Veterinary Medical Examiners on forms furnished by the Board, for a renewal certificate of registration entitling such veterinarian to practice veterinary medicine in this state during the next fiscal year. Each such application shall be accompanied by a renewal fee in an amount fixed by the Board.
B. The Board may modify the terms and dates of renewal requirements in order to expedite the efficiency of the procedure and to prevent inequitable financial burden on its applicants and licensees.
C. 1. Failure to renew a license or certificate properly shall be evidence of noncompliance with the laws of this state and rules of the Board.
2. The license or certificate shall automatically be placed in an inactive status for failure to renew and shall be considered inactive and not in good standing for purposes of practice of veterinary medicine.
D. 1. If, within sixty (60) calendar days after July 1 the licensee or certificate holder pays the renewal fee plus any reactivation fee set by rule by the Board, the president or secretary-treasurer of the Board may reactivate the license or certificate.
2. If sixty (60) calendar days elapses and the license or certificate is not reactivated, the license or certificate shall be automatically suspended for failure to renew.
3. A license or certificate suspended for failure to renew may be reinstated pursuant to the provisions of Section 698.9a of this title.
E. Practice of veterinary medicine is prohibited unless the license or certificate is active and in good standing with the Board.
Added by Laws 1990, c. 314, § 9, eff. Sept. 1, 1990. Amended by Laws 1999, c. 94, § 12, eff. Nov. 1, 1999.
§59-698.11. Practice defined.
A. The practice of veterinary medicine shall include, but not be limited to:
1. Diagnosing, surgery, treating, correcting, changing, relieving, or preventing animal disease, deformity, defect, injury or other physical or mental conditions including the prescribing or administering of any drug, medicine, biologic, apparatus, application, anesthetic, telemedicine, animal chiropractic diagnosis and treatment, or other therapeutic diagnostic substance or technique; dentistry; complementary and alternative therapies to be defined by rule pursuant to Section 698.7 of Title 59 of the Oklahoma Statutes; testing for pregnancy or correcting sterility or enhancing fertility; or rendering advice or recommendation with regard to any of the above;
2. Representing, directly or indirectly, publicly or privately, an ability and willingness to do any act prescribed in paragraph 1 of this subsection; and
3. Using any title words, abbreviation or letters by any person other than a licensed veterinarian in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph 1 of this subsection. Such use shall be prima facie evidence of the intention to represent oneself as a licensed veterinarian engaged in the practice of veterinary medicine.
B. Any person licensed to practice veterinary medicine pursuant to the Oklahoma Veterinary Practice Act, may use the word "Doctor", or an abbreviation thereof, and shall have the right to use, whether or not in conjunction with the word "Doctor" or any abbreviation thereof, the designation "D.V.M." or "V.M.D.".
Added by Laws 1971, c. 126, § 11, emerg. eff. May 4, 1971. Amended by Laws 1990, c. 314, § 10, eff. Sept. 1, 1990; Laws 1999, c. 94, § 13, eff. Nov. 1, 1999; Laws 2000, c. 131, § 6, eff. Nov. 1, 2000; Laws 2003, c. 84, § 1, eff. Nov. 1, 2003.
§59-698.12. Acts not prohibited.
The Oklahoma Veterinary Practice Act shall not be construed to prohibit:
1. Acts of dehorning, branding, tagging or notching ears, pregnancy checking, collecting semen, preparing semen, freezing semen, castrating, worming, vaccinating, injecting or artificial insemination of farm animals; or the acts or conduct of a person advising with respect to nutrition, feeds or feeding;
2. The owner of an animal or the owner's employees or helpers from caring for or treating animals belonging to the owner; provided that, the acts of the owner's employees or helpers otherwise prohibited by the Oklahoma Veterinary Practice Act are only an incidental part of the employment duties and for which no special compensation is made;
3. Acts of a person in lawful possession of an animal for some other purpose than practicing veterinary medicine; provided that, no charge may be made or included in any other charge or fee or adjustment otherwise made of any charge or fee for acts performed pursuant to this subsection unless the acts are performed by a licensed veterinarian as provided by the Oklahoma Veterinary Practice Act;
4. Acts of auction markets and other shippers of food animals in preparing such animals for shipment;
5. Acts of a person who is a student in good standing in a veterinary school, in performing duties or functions assigned by the student's instructors, or working under the direct supervision of a licensed veterinarian for each individual case and acts performed by an instructor or student in a school of veterinary medicine recognized by the Board and performed as a part of the educational and training curriculum of the school under the direct supervision of faculty. The unsupervised or unauthorized practice of veterinary medicine even though on the premises of a school of veterinary medicine is prohibited;
6. Acts of any employee in the course of employment by the federal government or acts of a veterinarian practicing on property and persons outside the jurisdiction of the State of Oklahoma;
7. A veterinarian currently licensed in another state from consulting with a licensed veterinarian of this state;
8. Acts of vocational-agriculture instructors or students while engaged in regular vocational-agriculture instruction in programs approved by the Oklahoma Department of Career and Technology Education; provided that said acts are under the supervision of instructors and are carried out in the usual course of instruction and not as independent practice by an unlicensed veterinarian without supervision;
9. Any person employed by a licensed veterinarian who is assisting with the professional duties of the licensed veterinarian and who is under the direct supervision of the licensed veterinarian from administering medication or rendering auxiliary or supporting assistance under the direct supervision of such licensed veterinarian, provided that the practice is conducted in compliance with all laws of this state and rules of this Board;
10. Any chiropractic physician licensed in this state who is certified by the Board of Chiropractic Examiners to engage in animal chiropractic diagnosis and treatment from practicing animal chiropractic diagnosis and treatment;
11. Any chiropractic physician licensed in this state who is not certified to practice animal chiropractic diagnosis and treatment by the Board of Chiropractic Examiners from providing chiropractic treatment to an animal referred to such chiropractic physician by a licensed veterinarian; or
12. Any individual that is certified in animal massage therapy and acquires liability insurance from engaging in animal massage therapy after referral from a licensed veterinarian.
Added by Laws 1971, c. 126, § 12, emerg. eff. May 4, 1971. Amended by Laws 1982, c. 192, § 6, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 11, eff. Sept. 1, 1990; Laws 1999, c. 94, § 14, eff. Nov. 1, 1999; Laws 2000, c. 131, § 7, eff. Nov. 1, 2000; Laws 2002, c. 172, § 3, eff. Nov. 1, 2002; Laws 2005, c. 172, § 1, eff. Nov. 1, 2005.
§59-698.13. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999.
§59-698.14. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990.
§59-698.14a. Sanctions - Enforcement actions - Injunctions - Suspension or revocation of license or certificate - Complaints - Hearings - Penalties.
A. A range of sanctions is hereby made available to the State Board of Veterinary Medical Examiners which includes, but is not limited to:
1. Revocation of licensure or certification;
2. Suspension of licensure or certification;
3. Probation of licensure or certification;
4. Refusal to renew a license or certification;
5. Injunctions and other civil court actions;
6. Reprimand, censure, agreement to voluntary stipulation of facts and imposition of terms of disciplinary action;
7. Administrative citation and administrative penalties; and
8. Prosecution through the office of the district attorney.
B. 1. The Board may take such action as the nature of the violation requires.
2. Upon a determination that a violation has been committed, the Board shall, by clear and convincing evidence, have the authority to impose upon the alleged violator, the payment of costs expended by the Board in investigating and prosecuting the cause, to include, but not be limited to, staff time, salary and travel expenses, witness fees and attorney fees and same shall be considered part of the order of the Board.
3. The Board shall make report of action to any association, organization or entity deemed appropriate for transmittal of the public record but shall in no cause be held liable for the content of the reported action or be made a party to action taken as a result of the sanction imposed by the State Board of Veterinary Medical Examiners.
C. The president or secretary-treasurer of the Board may issue a confidential letter of concern to a licensee or certificate holder when, though evidence does not warrant formal proceedings, there has been noted indications of possible misconduct by the licensee or certificate holder that could lead to serious consequences and formal action.
D. The Board may require an applicant for licensure or certification or a licensee or certificate holder to be examined on the applicant's or holder's medical knowledge and skills should the Board find, after due process, that there is probable cause to believe the licensee or certificate holder or applicant may be deficient in such knowledge and skills.
E. The Board may take disciplinary action or other sanctions upon clear and convincing evidence of unprofessional or dishonorable conduct, which shall include, but not be limited to:
1. Fraud or misrepresentation in applying for or procuring a license or certificate to practice veterinary medicine in any federal, state or local jurisdiction;
2. Cheating on or attempting to cheat on or subvert in any manner whatsoever the licensing or certificate examination or any portion thereof;
3. The conviction of or entry of a guilty plea or plea of nolo contendere involving a felony in this or any other jurisdiction, whether or not related to the practice of veterinary medicine;
4. Conduct likely to deceive, defraud, or harm the public;
5. The making of a false or misleading statement regarding one's skill or the efficacy or value of the medicine, treatment or remedy prescribed by the licensed veterinarian or at the licensed veterinarian's direction in the treatment of any disease or other condition of the animal;
6. Representing to a client that a manifestly incurable condition, sickness, disease or injury can be cured or healed;
7. Negligence in the practice of veterinary medicine;
8. Practice or other behavior that demonstrates a manifest incapacity or incompetence to practice veterinary medicine;
9. The use of any false, fraudulent or deceptive statement in any document connected with the practice of veterinary medicine;
10. Failure to notify the Board of current address of practice;
11. Aiding or abetting the practice of veterinary medicine by an unlicensed, incompetent or impaired person;
12. Habitual use or abuse of alcohol or of a habit-forming drug or chemical which impairs the ability of the licensee or certificate holder to practice veterinary medicine;
13. Violation of any laws relating to the administration, prescribing or dispensing of controlled dangerous substances or violation of any laws of the federal government or any state of the United States relative to controlled dangerous substances;
14. Obtaining a fee by fraud or misrepresentation;
15. Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, not to preclude the legal function of a lawful professional partnership, corporation or association;
16. Failure to report to the Board any adverse action taken by another jurisdictional body, by any peer review body, health-related licensing or disciplinary jurisdiction, law enforcement agency or court for acts or conduct related to the practice of veterinary medicine;
17. Failure to report to the Board surrender of a license or other certificate of authorization to perform functions based on the holding of a license or certificate to practice veterinary medicine or surrender of membership in any organization or association related to veterinary medicine while under investigation by that association or organization for conduct similar to or the same as acts which would constitute grounds for action as defined in the Oklahoma Veterinary Practice Act;
18. Failure to furnish the Board, its staff or agents information legally requested or failure to cooperate with a lawful investigation conducted by or on behalf of the Board;
19. Failure to pay appropriately assessed fees or failure to make any personal appearance required by the Board or any of its officers;
20. The practice of veterinary medicine in the absence of a bona fide veterinarian-client-patient relationship. The preclusion of a veterinarian-client-patient relationship by a veterinarian who in good faith renders or attempts to render emergency care to a victim pursuant to a Good Samaritan application shall not constitute grounds for discipline pursuant to the Oklahoma Veterinary Practice Act;
21. Providing vaccinations or elective surgical procedures on skunks, namely Mephitis mephitis (striped), Conepatus mesoleusus (hog-nosed), and Spilogale putorius (spotted), unless the animal is under the custody and care of a recognized zoological institution, research facility, or person possessing an appropriate and current wildlife permit issued by the Oklahoma Department of Wildlife Conservation or Oklahoma Department of Agriculture; or
22. Violation of any provisions of the Oklahoma Veterinary Practice Act or the rules and policies of the Board or of an action, stipulation or agreement of the Board.
F. 1. The Board may commence any legal action to enforce the provision of the Oklahoma Veterinary Practice Act and may exercise full discretion and authority with respect to enforcement actions. Administrative sanctions taken by the Board shall be made in accordance with Article II of the Administrative Procedures Act, the Oklahoma Veterinary Practice Act, and other applicable laws of this state. The Board shall take appropriate enforcement action when required, assuring fairness and due process to the defendant.
2. The Board or its designee may hold informal conferences to negotiate a settlement of a dispute; provided that the conference is agreed to in writing by all parties and said conference does not preclude a hearing on the same matters. The Board shall not consider the agreement binding should a hearing be held subsequent to the agreement.
G. The Board may summarily suspend a license or certificate prior to a formal hearing when it has found upon clear and convincing evidence that such action is required to protect the public or animal health or welfare or when a person under the jurisdiction of the Board is convicted of a felony, whether or not related to the practice of veterinary medicine; provided such action is taken simultaneously with proceedings for setting a formal hearing to be held within thirty (30) days after the summary suspension.
H. 1. The Board may issue an order to any licensee or certificate holder, obtain an injunction or take other administrative, civil or criminal court action against any person or any corporation or association, its officers, or directors, to restrain said persons from violating the provisions of the Oklahoma Veterinary Practice Act.
2. Violations of an injunction shall be punishable as contempt of court. No proof of actual damage to any animal shall be required for issuance of an order or an injunction, nor shall an injunction relieve those enjoined from administrative, civil or criminal prosecution for violation of the Oklahoma Veterinary Practice Act.
I. 1. The State Board of Veterinary Medical Examiners may suspend, revoke or refuse to renew the license or certificate of any person holding license or certificate to practice veterinary medicine in this state or place such person on probation for unprofessional conduct, but no such suspension or revocation or refusal to renew, or probation shall be made, unless otherwise provided for herein, until such be cited to appear for hearing. No such citation shall be issued except upon a sworn complaint filed with the president or secretary-treasurer of said Board charging the licensee or certificate holder with having been guilty of unprofessional conduct and setting forth the particular act or acts alleged to constitute such unprofessional conduct.
2. In the event it comes to the attention of the Board that a violation of the rules of professional conduct may have occurred, even though a formal complaint or charge may not have been filed, the Board may conduct an investigation of such possible violation, and may, upon its own motion, institute a formal complaint. In the course of such investigation, persons appearing before the Board may be required to testify under oath.
J. 1. Upon the filing of a complaint, either by an individual or the Board, the citation shall be issued by the president or secretary-treasurer of the Board over such officer's signature and seal of the Board, setting forth the particulars of the complaint, and giving due notice of the time and place of the hearing by the Board. The citation shall be made returnable at the next meeting of the Board at which hearing is set and shall be no less than thirty (30) days after issuance of the citation;
2. The accused shall file a written answer under oath with notice of intent to appear or be represented within twenty (20) days after the service of the citation. Failure to respond to the citation within the prescribed time shall constitute default;
3. The license or certificate of the accused shall be suspended, revoked or not renewed if the charges are found, by clear and convincing evidence, sufficient by the Board; provided, the president or secretary-treasurer of the Board may extend the time of answer upon satisfactory showing that the defendant is for reasonable cause, unable to answer within the prescribed twenty (20) days, but in no case shall the time be extended beyond the date of the next scheduled meeting for hearing the complaint, unless continuance thereof be granted by the Board; and
4. All citations and subpoenas under the contemplation of the Oklahoma Veterinary Practice Act shall be served in general accordance with the statutes of this state applying to the service of such documents. All provisions of the statutes of this state relating to citations and subpoenas are hereby made applicable to the citations and subpoenas herein provided. All the provisions of the statutes of this state governing the taking of testimony by depositions are made applicable to the taking of depositions pursuant to the Oklahoma Veterinary Practice Act.
K. The Executive Director, secretary-treasurer, designee, or prosecuting attorney for the Board, during the course of any lawful investigation, may order or subpoena the attendance of witnesses, the inspection of records, and premises and the production of relevant records, books, memoranda, documents, radiographs, or other papers or things for the investigation of matters that may come before the Board.
L. 1. The attendance of witnesses may be compelled in such hearings by subpoenas issued by the president or secretary-treasurer of the Board over the seal thereof, and the president or secretary-treasurer shall in no case refuse to issue subpoenas upon praecipe filed therefor accompanied by the fee set by the Board by rule for the issuance of such subpoenas.
2. If any person refuses to obey a subpoena properly served upon such person or in the manner, the fact of such refusal shall be certified by the secretary-treasurer of the Board over the seal thereof to the district attorney of the county in which such service was had, and the court shall proceed to hear said matter in accordance with the statutes of this state then in force governing contempt as for disobedience of its own process.
M. 1. The State of Oklahoma is a proper and necessary party in the prosecution of all such actions and hearings before the Board in all matters pertaining to unprofessional conduct and disciplinary action. The Attorney General of the state, in person or by deputy, is authorized to appear in behalf thereof. The defendant in any such actions shall have the right to be represented by counsel.
2. The Board is empowered to enter into agreement with or employ one or more attorneys to conduct the business of the Board in the absence of representation by the Attorney General or designee or in conjunction with representation by the Attorney General or designee.
3. The Board shall sit as a trial body and the rulings of the Board shall be by majority vote. Appeal to the rulings thereof shall be by petition to the district court of the district in which the hearing was held. The secretary-treasurer of the Board shall cause a record of all proceedings to be made and a transcript of the proceedings or any part thereof may be obtained by payment of actual cost of taking and preparation of transcript of such proceedings or part thereof.
N. All final disciplinary actions, license denials, related findings of fact and conclusions of law are matters of public record. Voluntary surrender of and voluntary limitations on the veterinarian's practice or license shall be public record.
O. Certificate holders or faculty of veterinary medical schools shall report to the Board in writing any information that gives reason to believe a veterinarian is incompetent, guilty of unprofessional conduct or is unable to engage safely in the practice of veterinary medicine. Cause for reporting shall be for, but not limited to, the following instances:
1. Voluntary resignation from a professional partnership, corporation or practice for reason of inability to practice;
2. Malpractice claims, judgments, settlements or awards;
3. Civil or criminal convictions; or
4. Other actions that indicate inability to practice with reasonable skill and safety.
P. The Board shall consider violation of any of the Rules of Professional Conduct a violation of the Oklahoma Veterinary Practice Act section on unprofessional conduct and shall proceed with disciplinary action as set out in the Oklahoma Veterinary Practice Act.
Q. 1. In addition to other penalties prescribed by the Oklahoma Veterinary Practice Act, any person who the Board has determined by clear and convincing evidence to have violated any provisions of the Oklahoma Veterinary Practice Act, or any rule or order issued pursuant thereto shall be liable for an administrative penalty of not more than Five Thousand Dollars ($5,000.00) for each day that the violation continues.
2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of paragraph 1 of this subsection, after notice and hearing. In determining the amount of the penalty, the Board shall, by clear and convincing evidence, include, but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the Oklahoma Veterinary Practice Act.
3. All penalties collected pursuant to the provisions of this subsection shall be deposited in the Veterinary Medical Examiners Fund.
Added by Laws 1990, c. 314, § 13, eff. Sept. 1, 1990. Amended by Laws 1997, c. 143, § 2, eff. Nov. 1, 1997; Laws 1999, c. 94, § 15, eff. Nov. 1, 1999.
§59-698.14b. Inability to practice due to mental illness or drug abuse - Required submission to alcohol or drug testing - Actions of Board - Reporting of impaired performance.
A. Impairment is defined as the inability of a person to practice veterinary medicine with reasonable skill and safety by reason of:
1. Mental illness; or
2. Habitual use or excessive use or abuse of drugs or chemicals defined in law as controlled substances or habit-forming substances, to include, but not be limited to, alcohol or other substances that impair the ability of the licensee or certificate holder to practice veterinary medicine.
B. Upon probable cause, the State Board of Veterinary Medical Examiners may require a licensee or certificate holder or applicant for license or certificate to submit to any test to determine the use of alcohol or drugs which affects the ability of the licensee or certificate holder to practice veterinary medicine. The Board, by rule, shall establish the nature and criteria for any such test. The results of the test shall be admissible in any hearing before the Board. Failure to submit to the required test by any licensee, certificate holder or applicant when properly directed to do so by the Board shall be grounds for disciplinary action against a licensee or certificate holder and, for any applicant, shall be grounds for denial of license or certificate.
C. Upon findings by the Board, after evaluation and hearing, that the licensee, certificate holder or applicant is impaired, the Board may take one of the following actions or any other action deemed appropriate to the circumstances by the Board:
1. Direct the person to submit to care, counseling or treatment acceptable to the Board;
2. Suspend, limit or restrict the license or certificate to practice for the duration of the impairment; or
3. Revoke or refuse to renew the license or certificate or deny the application.
D. Any person who is prohibited from practicing pursuant to the provisions of this section shall be afforded at reasonable intervals the opportunity to present evidence or material not before seen by the Board to demonstrate to the satisfaction of the Board that such person can resume or begin the practice of veterinary medicine with reasonable skill and safety; provided, that all fees have been paid and all requirements for licensure, certification, reinstatement or other form of authorization to practice have been satisfactorily completed.
E. 1. All licensees, certificate holders or faculty of veterinary medical schools shall report to the Board information about any and all colleagues that shows the colleagues are impaired.
2. The Board may establish rules for the approval of medically directed, nonprofit, voluntary treatment programs for impaired practitioners and to set standards for the treatment of practitioners.
3. The Board may exempt from reporting those who are conducting a Board-approved treatment program; provided that the impaired veterinarian who is participating in the program is doing so satisfactorily. Should the impaired veterinarian leave the program without first achieving a release by the program, the administrator of the program is required to report same to the Board. Participation in an approved treatment program does not protect an impaired veterinarian from Board action resulting from a report from another source of violation of the Oklahoma Veterinary Practice Act, whether related to the impairment or not.
4. Programs for the treatment of impaired professionals approved by this Board shall be reviewed annually or more frequently at the Board's discretion.
Added by Laws 1990, c. 314, § 14, eff. Sept. 1, 1990. Amended by Laws 1999, c. 94, § 17, eff. Nov. 1, 1999.
§59698.15. Report of contagious or infectious diseases.
It shall be the duty of every person engaged in the practice of veterinary medicine to report to the State Veterinarian of the State of Oklahoma the name of the owner or person in possession of all domestic animals afflicted with any contagious or infectious disease required to be reported to the State Board of Agriculture together with the location of the animals and the disease with which the animals are afflicted immediately upon such knowledge or information coming to such practitioners.
Added by Laws 1971, c. 126, § 15, emerg. eff. May 4, 1971. Amended by Laws 1999, c. 94, § 18, eff. Nov. 1, 1999.
§59698.16. Abandoned animals.
A. 1. Any animal except domestic animals as such term is defined in Section 85.1 of Title 4 of the Oklahoma Statutes placed in the custody of a licensed veterinarian for boarding, treatment or any other such reason which is abandoned by its owner, the owner's agent, or any other person for a period of more than three (3) days after written notice, by registered or certified mail, return receipt requested, is receipted or refused by the owner or the owner's agent at the lastknown address of the owner or the owner's agent, shall be deemed abandoned and may be sold or turned over to the custody of the nearest humane society, dog pound, or animal shelter in the area for disposal as deemed proper by the humane society, dog pound or animal shelter. If no humane society, dog pound or animal shelter is available in the county, the animal may be disposed of in a humane manner or sold by the licensed veterinarian or the sheriff of the county.
2. Any animal except domestic animals as such term is defined in Section 85.1 of Title 4 of the Oklahoma Statutes placed in the custody of a licensed veterinarian for, but not limited to, boarding, treatment, or any other care, which is abandoned by an anonymous individual for a period of more than five (5) days, shall be deemed to be abandoned and may be sold or turned over to the custody of the nearest humane society or dog pound or animal shelter in the area for disposal as deemed proper by the humane society, dog pound or animal shelter. If no humane society, dog pound or animal shelter is available in the county, the animal other than domestic animal may be disposed of in a humane manner or sold by the licensed veterinarian or sheriff of the county.
B. Any domestic animal as such term is defined by Section 85.1 of Title 4 of the Oklahoma Statutes placed in the custody of a licensed veterinarian for boarding, treatment or any other reason which is abandoned by the owner, the owner's agent or by an anonymous individual may be disposed of as required for estrays pursuant to Chapter 4 of Title 4 of the Oklahoma Statutes.
C. 1. Compliance with the notice provisions of this section by the licensed veterinarian or the disposal of an animal pursuant to subsection B of this section, as provided in subsection A of this section, shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal.
2. Such procedure by a licensed veterinarian shall not constitute grounds for disciplining pursuant to the Oklahoma Veterinary Practice Act.
3. Compliance with this section shall relieve the veterinarian from liability for such disposal or sale.
Added by Laws 1971, c. 126, § 16, emerg. eff. May 4, 1971. Amended by Laws 1982, c. 192, § 9, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 15, eff. Sept. 1, 1990; Laws 1999, c. 94, § 19, eff. Nov. 1, 1999; Laws 2005, c. 172, § 2, eff. Nov. 1, 2005.
§59-698.16a. Animal health records - Disclosure - Liability.
A. Animal health records shall be the property of the owner or manager of a veterinary practice that has prepared such records, and shall include, but not be limited to, written records and notes, radiographs, sonographic images, video tapes, photographs, laboratory reports, or other diagnostic or case management information received as the result of consulting with other licensed veterinarians or medical specialists.
B. Each licensed veterinarian shall keep and maintain a legible patient record for a period of thirty-six (36) months from the date of the last visit of the patient. Each licensed or certificate holder veterinarian shall maintain records in a manner that will permit any authorized licensed veterinarian to proceed with the care and treatment of the animal, if required, by reading the medical record of that particular patient, and the record shall clearly explain the initial examination. The State Board of Veterinary Medical Examiners shall promulgate such rules as may be necessary to ensure that patient records include certain necessary elements.
C. The owner or manager of any veterinary practice maintaining animal health records shall provide the client or client's agent copies or a detailed written summary within ten (10) working days of a request made in writing by the owner, unless the records are required in an immediate life-threatening situation, at which time the original records, copies of the written records or a detailed written summary shall be forwarded to the attending or primary care-licensed veterinarian within the same working day. The owner or manager of any veterinary practice maintaining records shall furnish the copies pertaining to the case upon tender of the expense of such copy or copies. Cost of each copy shall not exceed the amount specified in the Open Records Act per page, and no more than a reasonable cost of duplicating diagnostic images, tapes, or radiographs. There shall be no search fees assessed for the production or retrieval of any medical records.
D. 1. No veterinarian licensed pursuant to the Oklahoma Veterinary Practice Act shall be required to disclose any information concerning the licensed veterinarian's care of an animal except on written authorization or by other waiver by the licensed veterinarian's client or on appropriate court order, by subpoena or as otherwise provided by this section.
2. Copies of or information from veterinary records shall be provided without the owner's consent to public or animal health, wildlife or agriculture authorities, employed by federal, state or local governmental agencies who have a legitimate interest in the contents of said records for the protection of animal and public health.
E. 1. Any licensed veterinarian releasing information under written authorization or other waiver by the client or under court order, by subpoena or as otherwise provided by this section shall not be liable to the client or any other person.
2. The privilege provided by this section shall be waived to the extent that the licensed veterinarian's client or the owner of the animal places the licensed veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding.
Added by Laws 1999, c. 94, § 20, eff. Nov. 1, 1999.
§59-698.16b. Persons reporting information or investigating - Liability.
No person or entity which, in good faith, reports or provides information or investigates any person as authorized by the Oklahoma Veterinary Practice Act, shall be liable in a civil action for damages or relief arising from the reporting, providing of information or investigation except upon clear and convincing evidence that the report of information was completely false, or that the investigation was based on false information, and that the falsity was actually known to the person or entity making the report, providing the information or conducting the investigation at the time thereof.
Added by Laws 1999, c. 94, § 21, eff. Nov. 1, 1999.
§59698.17. Good faith rendering of emergency care or treatment to animal or human victim - Liability.
Any veterinarian or registered veterinary technician who is licensed or certified in this state or licensed veterinarian or licensed veterinary technician who is a resident of another state or the District of Columbia, and who in good faith renders or attempts to render emergency care or treatment to an animal at the scene of an accident or disaster or emergency care or treatment to a human victim thereof, shall not be liable for any civil damages as a result of any acts or omissions by such person rendering or attempting to render the emergency care or treatment.
Added by Laws 1971, c. 126, § 17, emerg. eff. May 4, 1971. Amended by Laws 1999, c. 94, § 22, eff. Nov. 1, 1999; Laws 2002, c. 172, § 4, eff. Nov. 1, 2002.
§59698.18. Penalties.
A. It shall be unlawful for any person to knowingly aid or abet in the unlicensed practice of veterinary medicine in this state.
B. Any person who violates, aids or abets in violating any of the provisions of the Oklahoma Veterinary Practice Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Five Hundred Dollars ($500.00) or not more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for not less than thirty (30) days, nor more than six (6) months, or by both such fine and imprisonment.
Added by Laws 1971, c. 126, § 18, emerg. eff. May 4, 1971. Amended by Laws 1999, c. 94, § 23, eff. Nov. 1, 1999.
§59-698.19A. Field citation - Probable cause committee - Contest hearing - Fine.
A. 1. If, upon completion of an investigation, the Executive Director of the State Board of Veterinary Medical Examiners has probable cause to believe that a licensed veterinarian or any other person has violated provisions of the Oklahoma Veterinary Practice Act or rules promulgated thereto, the Executive Director may issue a field citation to the licensed veterinarian or other person, as provided in this section. Each field citation shall be in writing and shall describe with particularity the nature of the violation, including but not limited to a reference to the provision of the Oklahoma Veterinary Practice Act alleged to have been violated.
2. In addition, each field citation may contain an order of abatement fixing a reasonable time for abatement of the violation, and may contain an assessment of an administrative penalty not to exceed Five Hundred Dollars ($500.00) for a first offense and not to exceed Five Thousand Dollars ($5,000.00) for a second or each subsequent offense. Each day such violation continues shall constitute a separate offense.
3. The field citation shall be served upon the licensed veterinarian or other person personally or by any certified mail, return receipt requested.
B. Before any field citation shall be issued to any licensed veterinarian, the Executive Director shall have submitted the alleged violation for the review and examination to a probable cause committee, comprised of the Board's attorney, an investigator, and a veterinarian licensed in the state of Oklahoma. The probable cause committee, during its review, may contact the licensed veterinarian to discuss and resolve the alleged violation. Upon conclusion of the probable cause committee's review, the committee shall prepare findings of fact and a recommendation. If the committee concludes that probable cause exists that the veterinarian has violated any provisions of the Oklahoma Veterinary Practice Act or rules promulgated thereto, an administrative penalty shall be assessed upon the licensed veterinarian.
C. 1. If a licensed veterinarian or other person who has been determined by the Board or agent thereof to have violated any provision of the Oklahoma Veterinary Practice Act or rules promulgated or issued pursuant thereto desires to contest a field citation or the proposed assessment of an administrative penalty therefore, the licensed veterinarian or other person shall, within ten (10) business days after service of the field citation, notify the Executive Director in writing, requesting an informal conference with the probable cause committee.
2. The probable cause committee shall hold, within sixty (60) days from the receipt of the written request, an informal conference. After the conclusion of the informal conference, and based on recommendations thereof, the Executive Director may affirm, modify or dismiss the field citation or proposed assessment of an administrative penalty and the Executive Director shall state with particularity in writing the reasons for the action, and shall immediately transmit a copy thereof to the licensed veterinarian or other person and the person who submitted the complaint.
D. 1. If the veterinarian or person desires to contest administratively, a decision made after the informal conference, the licensed veterinarian or other person shall inform the Executive Director in writing within thirty (30) calendar days after such person receives the decision resulting from the informal conference.
2. If the licensed veterinarian or other person fails to request an informal conference within the time specified in this section, the field citation, the proposed assessment of the administrative penalty or the decision made after an informal conference shall be deemed a final order of the Board and shall not be subject to further administrative reviews.
E. If a fine is paid to satisfy an assessment based on the findings of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for the purposes of public disclosure.
F. A veterinarian or other person, in lieu of contesting a field citation pursuant to this section, may transmit to the Board the amount assessed in the citation as an administrative penalty, within thirty (30) days after service of the field citation. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged.
G. 1. If a veterinarian or other person has notified the Executive Director within ten (10) working days of the issuance of the assessment or field citation that such veterinarian or other person intends to contest the decision made after the informal conference, the Board shall hold a hearing to be held in accordance with the Administrative Procedures Act and adjudicating such matters for judgment only upon clear and convincing evidence as required by the Oklahoma Veterinary Practice Act with the Board having all of the powers granted therein.
2. After the hearing, the Board shall issue a decision based on findings of the fact, affirming, modifying or vacating the citation, or directing other appropriate relief which shall include, but need not be limited to, a notice that the failure of the veterinarian or other person to comply with any provision of the Board's decision may subject such veterinarian or person to the imposition of the sanctions authorized by the Oklahoma Veterinary Practice Act.
H. After the exhaustion of the review procedures provided for in this section, the Board may bring an action for judicial review and administrative penalty and obtain an order compelling the cited person to comply with any order issued pursuant to this section.
I. Failure of a licensee to pay a fine within thirty (30) days of the date of assessment, unless the field citation is being appealed may result in action being taken by the Board. When a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for the renewal of the license. A license shall not be renewed without payment of the renewal fee and fine.
J. The Board shall promulgate rules covering the issuance of field citations, the assessment of administrative penalties and other duties specified by this section pursuant to this section which give due consideration to the appropriateness of the penalty with respect to the following factors:
a. the gravity of the violation,
b. the good faith of the person being charged, and
c. the history of previous violations.
Added by Laws 1999, c. 94, § 16, eff. Nov. 1, 1999.
§59-698.20. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999.
§59698.21. Certified veterinary technician - Use of terms and titles - Person not considered to be veterinary technician.
A. Individuals certified as veterinary technicians pursuant to the Oklahoma Veterinary Practice Act may use the terms registered veterinary technician, veterinary technician, or abbreviations such as CVT, RVT, and VT.
B. It shall be unlawful for any person to use any recognized title, abbreviation, or sign to indicate that such person is a registered veterinary technician, unless that person has been certified as having met the qualifications provided for in the Oklahoma Veterinary Practice Act. Such use shall be prima facie evidence of the intention to represent oneself as a registered veterinary technician.
C. A person shall not act as a veterinary technician in this state unless that person is certified by the Board and is under direct supervision of a veterinarian licensed pursuant to the provisions of the Oklahoma Veterinary Practice Act.
D. A person shall not be considered to be a registered veterinary technician in this state who:
1. Administers to animals for which such person holds title, unless such person has received title for the purpose of circumventing the Oklahoma Veterinary Practice Act; or
2. Is a regular student in a legally chartered and recognized curriculum for veterinary technician training, while in the performance of studies and acts assigned by that person's instructors.
Added by Laws 1980, c. 138, § 2, eff. Oct. 1, 1980. Amended by Laws 1992, c. 56, § 2, eff. Sept. 1, 1992; Laws 1999, c. 94, § 24, eff. Nov. 1, 1999; Laws 2002, c. 172, § 5, eff. Nov. 1, 2002.
§59698.22. Candidates for examination Employment by veterinarian of registered veterinary technician not required.
A. The State Board of Veterinary Medical Examiners shall examine a candidate for certification as a veterinary technician. A candidate for examination shall pay to the secretary of the Board a reasonable fee established by rule of the Board and shall furnish satisfactory proof of graduation from a program of veterinary technology accredited by the American Veterinary Medical Association and approved by the Board.
B. The provisions of the Oklahoma Veterinary Practice Act shall not require a licensed veterinarian to hire a registered veterinary technician nor prohibit a licensed veterinarian from employing a veterinary assistant. Licensed veterinarians may delegate animal care responsibilities to employees commensurate with their training, experience, and skills.
C. On or before July 1 of each year, every registered veterinary technician shall apply to the State Board of Veterinary Medical Examiners for a renewal certificate of registration. Completion of the renewal certificate will permit the veterinary technician to be registered in Oklahoma during the next fiscal year. Forms for the renewal registration shall be furnished by the Board. Each renewal application shall be accompanied by a renewal fee in an amount to be established by the Board by rule.
Added by Laws 1980, c. 138, § 3, eff. Oct. 1, 1980. Amended by Laws 1992, c. 56, § 3, eff. Sept. 1, 1992; Laws 1999, c. 94, § 25, eff. Nov. 1, 1999; Laws 2002, c. 172, § 6, eff. Nov. 1, 2002; Laws 2005, c. 172, § 3, eff. Nov. 1, 2005.
§59698.23. Issuance of certificate.
Upon receiving from the State Board of Veterinary Medical Examiners a report that an applicant has successfully passed the examination and is recommended for certification, the Board shall issue a certificate in a form approved by the Board.
Added by Laws 1980, c. 138, § 4, eff. Oct. 1, 1980. Amended by Laws 1999, c. 94, § 26, eff. Nov. 1, 1999.
§59-698.24. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999.
§59-698.25. Revocation, suspension or refusal to renew - Probation.
The State Board of Veterinary Medical Examiners may revoke, suspend or refuse to renew the certificate of a veterinary technician or place the veterinary technician on probation, after notice and opportunity for a hearing, upon a determination based on clear and convincing evidence of a violation of the Oklahoma Veterinary Practice Act or rules promulgated or orders issued pursuant thereto or any other law or rule relating to the practice of veterinary medicine.
Added by Laws 1980, c. 138, § 6, eff. Oct. 1, 1980. Amended by Laws 1992, c. 56, § 5, eff. Sept. 1, 1992; Laws 1997, c. 143, § 3, eff. Nov. 1, 1997; Laws 1999, c. 94, § 27, eff. Nov. 1, 1999.
§59698.26. Unauthorized practice of veterinary medicine - Emergency treatment - Improper use of title - Penalties.
A. A registered veterinary technician, veterinary technologist, nurse, veterinary assistant or other employee shall not diagnose animal diseases, prescribe medical or surgical treatment, or perform as a surgeon.
B. A registered veterinary technician may perform emergency treatments in a life saving situation in accordance with rules promulgated by the Board.
C. Any person certified as a veterinary technician, who practices veterinary medicine contrary to the provisions of the Oklahoma Veterinary Practice Act, violates, aids, or abets such actions, upon conviction thereof, shall be guilty of a misdemeanor and shall also be subject to revocation, suspension, probation or nonrenewal of certification by the Board. Any person who assumes the title of registered veterinary technician, or the abbreviation RVT, or any other words, letters, signs, or figures that might induce a person to believe that the person using the name is a registered veterinary technician, when in fact they are not certified, upon conviction thereof shall be guilty of a misdemeanor.
D. The penalties provided in subsection C of this section shall not apply to a student enrolled in an accredited school of veterinary technology while the student is under the supervision of an instructor and is performing activities required as a part of the student's training.
E. Any licensed veterinarian permitting or directing a veterinary technician, aide or animal attendant to perform a task or procedure in violation of the provisions of the Oklahoma Veterinary Practice Act, upon conviction thereof, shall be guilty of a misdemeanor and shall also be subject to revocation, probation, nonrenewal or suspension of license by the Board.
Added by Laws 1980, c. 138, § 7, eff. Oct. 1, 1980. Amended by Laws 1992, c. 56, § 6, eff. Sept. 1, 1992; Laws 1999, c. 94, § 28, eff. Nov. 1, 1999; Laws 2002, c. 172, § 7, eff. Nov. 1, 2002.
§59-698.27. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999.
§59698.28. Veterinary Medical Examiners Fund.
There is hereby created in the State Treasury a revolving fund to be designated the "Veterinary Medical Examiners Fund" which shall consist of all monies received by the State Board of Veterinary Medical Examiners as provided by statute. The fund shall be a continuing fund not subject to fiscal year limitations. Monies accruing to the credit of the fund are hereby appropriated and may be expended by the Board for carrying out the provisions of the Oklahoma Veterinary Practice Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims submitted by the Board to the Director of State Finance for audit and payment.
Added by Laws 1982, c. 192, § 10, emerg. eff. April 22, 1982. Amended by Laws 1999, c. 94, § 29, eff. Nov. 1, 1999.
§59-698.29. Confidentiality of information.
A. The State Board of Veterinary Medical Examiners and its employees, independent contractors, appointed committee members, or other agents shall keep confidential, all information obtained:
1. During an investigation of citizen complaints into allegations of violations of the Oklahoma Veterinary Practice Act, including:
a. any review or investigation made to determine whether to allow an applicant to take an examination, or
b. whether the Board shall grant a certificate, license, or permit; and
2. In the course of conducting an investigation, including:
a. investigative reports provided to the Board by a registrant, and
b. examinations and test scores.
B. To ensure the confidentiality of the information for the protection of the affected individual or entity, the information obtained shall not be deemed to be a record as that term is defined in the Oklahoma Open Records Act.
C. Information obtained by the Board or any of its agents shall be considered competent evidence in a court of competent jurisdiction only in matters directly related to actions of the Board and the affected individual or entity as a result of the Board obtaining the information. The information shall not be admissible as evidence in any other type of civil or criminal action.
Added by Laws 2004, c. 78, § 1, eff. Nov. 1, 2004.
§59725.1. Branch of healing art indicated by appending words or letters to name.
Every person who writes or prints, or causes to be written or printed, his name (whether or not the word "Doctor", or an abbreviation thereof, is used in connection therewith) in any manner in connection with such person in any manner engaging in, or in any manner holding himself out as engaging in, any of the branches of the healing art as defined in 59 O.S. 1951 Section 702, must append to his name so written or printed in the same size letters as his name appropriate and generally and easily understood words or letters, which clearly show and indicate the branch of the healing art in which he is licensed to practice and is engaged.
Laws 1947, p. 357, § 1.
§59-725.2. Designations to be used and by whom.
A. The following nine classes of persons may use the word "Doctor", or an abbreviation thereof, and shall have the right to use, whether or not in conjunction with the word "Doctor", or any abbreviation thereof, the following designations:
1. The letters "D.P.M." by a person licensed to practice podiatry under Chapter 4 of this title;
2. The letters "D.C." by a person licensed to practice chiropractic under Chapter 5 of this title;
3. The letters "D.D.S." by a person licensed to practice dentistry under Chapter 7 of this title;
4. The letters "M.D." by a person licensed to practice medicine and surgery under Chapter 11 of this title;
5. The letters "O.D." by a person licensed to practice optometry under Chapter 13 of this title;
6. The letters "D.O." by a person licensed to practice osteopathy under Chapter 14 of this title;
7. The letters "Ph.D.", "Ed.D." or "Psy.D." by a person licensed as a health service psychologist pursuant to the Psychologists Licensing Act;
8. The letters "Ph.D.", "Ed.D." or other letters representing a doctoral degree by a person licensed as a speech and language pathologist pursuant to the Speech Pathology and Audiology Licensing Act and who has earned a doctoral degree from a regionally accredited institution of higher learning in the field of speech and language pathology; and
9. The letters "Ph.D.", "Ed.D." or other letters representing a doctoral degree by a person licensed as an audiologist pursuant to the Speech Pathology and Audiology Licensing Act and who has earned a doctoral degree from a regionally accredited institution of higher learning in the field of audiology.
B. Unless otherwise specifically provided in a particular section or chapter of the Oklahoma Statutes, the word "doctor" or "doctors" shall mean and include each of the nine classes of persons listed in subsection A of this section.
C. Unless otherwise specifically provided in a particular section or chapter of the Oklahoma Statutes, the word "physician" or "physicians" shall mean and include each of the classes of persons listed in paragraphs 1 through 6 of subsection A of this section. The term "physician" shall not include any person specified in paragraphs 7 through 9 of subsection A of this section unless such person is otherwise authorized to use such designation pursuant to this section.
D. Notwithstanding any other provision of this section, a person licensed in this state to perform speech pathology or audiology services is hereby designated to be a practitioner of the healing art for purposes of making a referral for speech pathology or audiology services pursuant to the provisions of the Individuals with Disabilities Education Act, Amendment of 1997, Public Law 105-17, and Section 504 of the Rehabilitation Act of 1973.
Added by Laws 1947, p. 357, § 2, emerg. eff. March 13, 1947. Amended by Laws 1991, c. 265, § 20, eff. Oct. 1, 1991; Laws 1993, c. 168, § 1, eff. Sept. 1, 1993; Laws 2000, c. 52, § 1, emerg. eff. April 14, 2000; Laws 2004, c. 543, § 5, eff. July 1, 2004.
§59725.3. Punishment for violations.
Any person who shall violate the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Twentyfive Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment. Each day this act is violated shall constitute a separate offense and shall be punishable as such.
Laws 1947, p. 357, § 3.
§59-725.4. Referral of patients or clients to testing center or laboratory - Disclosure of financial interest or remuneration - Disciplinary actions - Injunctions.
A. Any health or mental health care professional or health care provider who refers patients or clients to a testing center or laboratory shall provide written disclosure to such patient or client or the guardian of such patient or client of any financial interest of the professional or provider in the center or laboratory or any remuneration received by the professional or provider for referrals to the center or laboratory. Provided, however, that disclosure shall not be required where:
1. The testing center or laboratory is an extension of or ancillary to the health or mental health care professional's or health care provider's practice;
2. The testing center or laboratory is not a separate business entity and is not billed as a separate entity; and
3. The health or mental health care professional or health care provider provides for and supervises the services at the facility.
B. Any person who has been determined to be in violation of subsection A of this section by the State Board of Health, after notice and a hearing by the Board shall be subject to a fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00).
C. In addition to any other penalties or remedies provided by law:
1. A violation of this section by a health or mental health care professional or health care provider shall be grounds for disciplinary action by the state agency licensing, certifying or registering such professional or provider; and
2. A state agency licensing, certifying or registering such professional or provider may institute an action to enjoin violation or potential violation of this section. The action for an injunction shall be in addition to any other action, proceeding or remedy authorized by law.
Added by Laws 1992, c. 356, § 3, emerg. eff. June 4, 1992. Amended by Laws 1993, c. 165, § 2, eff. Sept. 1, 1993.
§59-725.5. Limitation of liability for doctors rendering medical care on volunteer basis.
A health care provider authorized to use the designation "Doctor", or an abbreviation thereof pursuant to the provisions of Section 725.2 of Title 59 of the Oklahoma Statutes, who renders medical care on a voluntary basis at a free medical clinic or an educational sporting event is not liable for any civil damages, other than for injuries resulting in death, caused by acts or omissions of the health care provider while rendering such medical care unless it is plainly alleged in the complaint and later proven that the acts or omissions of the health care provider constituted gross negligence or willful or wanton wrongs during the rendering of such medical care.
Added by Laws 2004, c. 523, § 26, emerg. eff. June 9, 2004.
§59731.1. Definitions.
As used in Sections 731.1 through 731.7 of this title:
1. "Person" means any individual, or association of individuals or group of individuals;
2. "Human ill" or "human illness" means any human disease, ailment, deformity, injury or unhealthy or abnormal physical and/or mental condition of any nature;
3. "Diagnosis" means the use professionally of any means for the discovery or determination of any human ill as herein defined, or the cause of any such human ill; and
4. "Treatment" means the use of drugs, surgery, including appliances, manual or mechanical means, or any other means of any nature whatsoever, for the cure, relief, palliation, adjustment or correction of any human ill as defined herein.
Laws 1947, p. 357, § 1, emerg. eff. May 22, 1947; Laws 1993, c. 168, § 2, eff. Sept. 1, 1993.
§59731.2. Use of word "Doctor" or abbreviation "Dr.", etc. as evidence.
A. Proof that any class of persons identified in Section 725.2 of this title appends to their name the word "Doctor", the abbreviation "Dr.", or any other word, abbreviation or designation, which word, abbreviation or designation, indicate that such person is qualified for diagnosis or treatment, as herein defined, shall constitute prima facie evidence that such person is holding himself or herself out, within the meaning of this act, as qualified to engage in diagnosis or treatment.
B. Nothing in this section shall be construed to prevent a person specified in paragraphs 7 through 9 of subsection A of Section 725.2 of this title from appending to such person's name the word "Doctor", so long as such person follows such name and designation with the letters signifying the recognized doctoral degrees specified in paragraphs 7 through 9 of subsection A of Section 725.2 of this title.
Added by Laws 1947, p. 358, § 2, emerg. eff. May 22, 1947. Amended by Laws 1993, c. 168, § 3, eff. Sept. 1, 1993; Laws 2000, c. 52, § 2, emerg. eff. April 14, 2000.
§59731.3. Unlicensed person not to hold himself out as qualified.
Except as authorized by the provisions of Sections 492 and 731.5 of this title and Section 5 of this act, no person shall in any manner engage in, offer to engage in, or hold himself out as qualified to engage in the diagnosis and/or treatment of any human ill unless such person is the holder of a legal and unrevoked license or certificate issued under the laws of Oklahoma authorizing such person to practice the healing art covered by such license and is practicing thereunder in the manner and subject to the limitations provided by the laws of the State of Oklahoma for the issuance of such license or certificate for the practice thereunder.
Amended by Laws 1984, c. 192, 4, emerg. eff. May 14, 1984.
§59731.4. Punishment for violations.
Any person who shall violate the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than five (5) days, nor more than thirty (30) days, or by both such fine and imprisonment. Each day upon which this act shall be violated shall constitute a separate offense and be punishable as such.
Laws 1947, p. 358, § 4.
§59-731.5. Application of law.
Nothing in this act shall apply to:
1. Any commissioned officer in any of the healing arts licensed as such in the United States Army, Navy, Marines, Public Health Service, or Marine Hospital Service, in the discharge of the professional duties of such officer;
2. Any legally qualified person when engaged exclusively in the practice of the particular profession of such person, as defined by law;
3. Any licensed person practicing any of the healing arts from another state or territory, when in actual consultation with a licensed practitioner in this state;
4. Any physician's trained assistant who is assisting a licensed physician to render services within the licensed scope of practice of the physician, if the assistant is under the supervision and control of the physician;
5. Any student in any recognized school of the healing arts in carrying out prescribed courses of study provided such school is a recognized institution by the statutes of Oklahoma, and its practitioners are duly licensed as prescribed by law;
6. The practice of those who endeavor to prevent, or cure, disease or suffering, by spiritual means or prayer; or
7. Any legally qualified person specified in paragraphs 7 through 9 of subsection A of Section 725.2 of this title in the discharge of the professional duties of the person, so long as such person is employed by any state or governmental agency, or any recognized college or university.
Added by Laws 1947, p. 358, § 5, emerg. eff. May 22, 1947. Amended by Laws 1980, c. 258, § 1, eff. Oct. 1, 1980; Laws 1997, c. 222, § 6, eff. Nov. 1, 1997; Laws 2000, c. 52, § 3, emerg. eff. April 14, 2000.
§59731.6. Partial invalidity.
If any section, paragraph or clause of this act is for any reason held invalid, such fact shall not affect the validity of any other portion hereof.
Laws 1947, p. 359, § 6.
§59-731.7. Spinal manipulation.
A. No person shall perform spinal manipulation in this state until first being adequately trained in this procedure through formal education at an accredited college or school.
B. As used in this section, "spinal manipulation" means a manual procedure that involves a directed thrust to move a spinal joint past the physiological range of motion, without exceeding the anatomical limit.
Added by Laws 1986, c. 317, § 3, emerg. eff. June 24, 1986. Amended by Laws 1997, c. 90, § 3, eff. Nov. 1, 1997.
§59-736.2. Injunction.
Provided that any violation hereof shall be enjoined by any court having jurisdiction of the parties on the application or petition of the county attorney of the county in which the violation occurred, and upon his refusal, by the Attorney General.
Laws 1947, p.359, § 2.
§59738.1. Injunctions granted without bond to specified boards.
Injunctions, without bond, may be granted by district courts to the Board of Podiatric Medical Examiners, the Board of Chiropractic Examiners, the State Board of Medical Licensure and Supervision, the Board of Examiners in Optometry, the Board of Pharmacy, or the State Board of Osteopathic Examiners, for the purpose of enforcing the respective acts and laws creating and establishing these boards.
Laws 1951, p. 166, § 1; Laws 1987, c. 118, § 43, operative July 1, 1987; Laws 1995, c. 207, § 4, eff. Nov. 1, 1995.
§59738.2. Consent of Board issuing license Laws governing Duty of Attorney General.
None of the Boards referred to in Section 1 of this act shall be permitted to institute an action to enjoin any person who holds a valid license regularly issued by any other of the abovenamed Boards without first obtaining the written consent of said other Board to file such injunction proceedings. The terms and provisions of the respective acts and laws creating and establishing the Boards above referred to are set forth in Title 59, Oklahoma Statutes 1951, as Chapters 4, 5, 7, 8, 11, 13 and 14. Provided, that in the event any of the abovenamed Boards as to an injunction action, or the proper district attorney as to a criminal action, fails or refuses to file such an action to enforce the respective acts and laws applicable to any such Board within ninety (90) days after complaint of violation thereof is made thereto, it shall be the duty of the Attorney General of the State of Oklahoma, if such a sworn complaint is made thereto, to file and prosecute an appropriate injunction or criminal action to enforce said act or law, that is, if he finds there is sufficient competent evidence to support such action.
Laws 1951, p. 166, § 2.
§59738.3. Attorneys, employment of.
Each of the Boards referred to in Section 1 of this act shall have the authority to employ attorneys to advise and assist such Boards in the performance of its official duties and functions and in carrying out the provisions of this act; provided, that the compensation of such attorney shall be paid from the fund, or monies, from which other expenses of the Board are paid and shall not be a charge against the State of Oklahoma.
Laws 1951, p. 166, § 3.
§59738.4. District attorney's right not abrogated.
Nothing in this act shall abrogate the right of any district attorney in this state to institute an action to enjoin or prosecute for violations of any of the laws of this state relating to the practice of any of the healing arts.
Laws 1951, p. 166, § 4.
§59-738.6. Actions for declaratory rulings.
Notwithstanding any other provision of law, no board referred to in Section 738.1 of Title 59 of the Oklahoma Statutes may bring or maintain any action for declaratory ruling against any person or entity, including any agency of this state, other than licensees of that board or persons holding themselves out as licensees of that board, to determine if any act performed by such person or entity constitutes the unauthorized practice of a healing art regulated by that board.
The provisions of this section shall not be construed to impair or in any manner affect any civil action for a declaratory ruling brought or for any actions arising pursuant to Section 491.1 of Title 59 of the Oklahoma Statutes prior to September 1, 1996.
Added by Laws 1996, c. 6, § 1, eff. Sept. 1, 1996.
§59858101. Title and construction.
This Code shall be known and cited as "The Oklahoma Real Estate License Code".
Laws 1974, c. 121, § 101, operative July 1, 1974.
§59-858-102. Definitions.
When used in this Code, unless the context clearly indicates otherwise, the following words and terms shall be construed as having the meanings ascribed to them in this section:
1. The term "real estate" shall include any interest or estate in real property, within or without the State of Oklahoma, whether vested, contingent or future, corporeal or incorporeal, freehold or nonfreehold, and including leaseholds, options and unit ownership estates to include condominiums, time-shared ownerships and cooperatives; provided, however, that the term "real estate" shall not include oil, gas or other mineral interests, or oil, gas or other mineral leases; and provided further, that the provisions of this Code shall not apply to any oil, gas, or mineral interest or lease or the sale, purchase or exchange thereof;
2. The term "real estate broker" shall include any person, partnership, association or corporation, foreign or domestic, who for a fee, commission or other valuable consideration, or who with the intention or expectation of receiving or collecting a fee, commission or other valuable consideration, lists, sells or offers to sell, buys or offers to buy, exchanges, rents or leases any real estate, or who negotiates or attempts to negotiate any such activity, or solicits listings of places for rent or lease, or solicits for prospective tenants, purchasers or sellers, or who advertises or holds himself out as engaged in such activities;
3. The term "broker associate" shall include any person who has qualified for a license as a broker and who is employed or engaged by, associated as an independent contractor with, or on behalf of, a broker to do or deal in any act, acts or transaction set out in the definition of a broker;
4. The term "real estate sales associate" shall include any person having a renewable license and employed or engaged by, or associated as an independent contractor with, or on behalf of, a real estate broker to do or deal in any act, acts or transactions set out in the definition of a real estate broker;
5. "Provisional sales associate" shall include any person who has been licensed after June 30, 1993, employed or engaged by, or associated as an independent contractor with, or on behalf of, a real estate broker to do or deal in any act, acts or transactions set out in the definition of a real estate broker and subject to an additional forty-five-clock-hour postlicensing educational requirement to be completed within the first twelve-month license term. However, the Oklahoma Real Estate Commission shall promulgate rules for those persons called into active military service for purposes of satisfying the postlicensing educational requirement. The license of a provisional sales associate shall be nonrenewable unless the postlicensing requirement is satisfied prior to the expiration date of the license. Further, the term sales associate and provisional sales associate shall be synonymous in meaning except where specific exceptions are addressed in the Oklahoma Real Estate License Code;
6. The term "successful completion" shall include prelicense, postlicense, and distance education courses in which an approved public or private school entity has examined the individual, to the satisfaction of the entity and standards as established by the Commission, in relation to the course material presented during the offering;
7. The term "renewable license" shall refer to a sales associate who is a holder of such license or to a provisional sales associate who has completed both the prelicense and postlicense educational requirements within the required time period as stated in the Code;
8. The term "nonrenewable license" shall refer to a provisional sales associate who is the holder of such license and who has not completed the postlicense educational requirement;
9. The term "surrendered license" shall refer to a real estate license which is surrendered, upon the request of the licensee, due to a pending investigation or disciplinary proceedings;
10. The term "canceled license" shall refer to a real estate license which is canceled, upon the request of the licensee and approval of the Commission, due to a personal reason or conflict;
11. "Licensee" shall include any person who performs any act, acts or transactions set out in the definition of a broker and licensed under the Oklahoma Real Estate License Code;
12. The word "Commission" shall mean the Oklahoma Real Estate Commission;
13. The word "person" shall include and mean every individual, partnership, association or corporation, foreign or domestic;
14. Masculine words shall include the feminine and neuter, and the singular includes the plural; and
15. The word "associate" shall mean a broker associate, sales associate or provisional sales associate.
Added by Laws 1974, c. 121, § 102, operative July 1, 1974. Amended by Laws 1991, c. 43, § 2, eff. July 1, 1993; Laws 1992, c. 94, § 1, eff. July 1, 1993; Laws 1994, c. 149, § 1, eff. July 1, 1994; Laws 1998, c. 60, § 1, eff. Jan. 1, 1999; Laws 1999, c. 26, § 1, eff. Nov. 1, 1999; Laws 2001, c. 235, § 1, eff. Aug. 1, 2001; Laws 2004, c. 142, § 1, eff. Nov. 1, 2004.
§59-858-201. Oklahoma Real Estate Commission.
A. There is hereby re-created, to continue until July 1, 2009, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Real Estate Commission, which shall consist of seven (7) members. The Commission shall be the sole governmental entity, state, county or municipal, which shall have the authority to regulate and issue real estate licenses in the State of Oklahoma.
B. All members of the Commission shall be citizens of the United States and shall have been residents of the State of Oklahoma for at least three (3) years prior to their appointment.
C. Five members shall be licensed real estate brokers and shall have had at least five (5) years' active experience as real estate brokers prior to their appointment and be engaged full time in the real estate brokerage business. One member shall be a lay person not in the real estate business, and one member shall be an active representative of a school of real estate located within the State of Oklahoma and approved by the Oklahoma Real Estate Commission.
D. No more than two members shall be appointed from the same congressional district according to the latest congressional redistricting act. However, when congressional districts are redrawn, each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district.
Added by Laws 1974, c. 121, § 201, operative July 1, 1974. Amended by Laws 1979, c. 122, § 1, emerg. eff. May 1, 1979; Laws 1982, c. 194, § 1, emerg. eff. April 26, 1982; Laws 1985, c. 231, § 1, operative July 1, 1985; Laws 1991, c. 39, § 1, emerg. eff. April 3, 1991; Laws 1991, c. 335, § 17, emerg. eff. June 15, 1991; Laws 1994, c. 76, § 1, eff. July 1, 1994; Laws 1997, c. 38, § 1; Laws 1998, c. 60, § 2, eff. Jan. 1, 1999; Laws 2002, c. 375, § 9, eff. Nov. 5, 2002; Laws 2003, c. 229, § 2, emerg. eff. May 20, 2003.
NOTE: Laws 1991, c. 43, § 1 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 2003, c. 13, § 1 repealed by Laws 2003, c. 229, § 10, emerg. eff. May 20, 2003.
§59-858-202. Appointment - Tenure - Vacancies - Removal.
A. Members of the Oklahoma Real Estate Commission shall be appointed by the Governor with the advice and consent of the Senate.
B. Members of the Commission shall serve until their terms expire. The terms of the Commission members shall be for three (3) years and until their successors are appointed and qualified.
C. Each successor member and any vacancy which may occur in the membership of the Commission shall be filled by appointment of the Governor with the advice and consent of the Senate.
D. The Governor may select appointees from a list of at least three qualified persons submitted by the Oklahoma Association of Realtors, Incorporated.
E. Each person who shall have been appointed to fill a vacancy shall serve for the remainder of the term for which the member whom he will succeed was appointed and until his successor, in turn, shall have been appointed and shall have qualified.
F. Members of the Commission may be removed from office by the Governor for inefficiency, neglect of duty or malfeasance in office in the manner provided by law for the removal of officers not subject to impeachment.
Added by Laws 1974, c. 121, § 202, operative July 1, 1974. Amended by Laws 1982, c. 194, § 2, emerg. eff. April 26, 1982; Laws 1985, c. 231, § 2, operative July 1, 1985; Laws 1998, c. 60, § 3, eff. Jan. 1, 1999.
§59-858-204. Officers - Employees - Duties and compensation - Meetings.
A. The members of the Commission, within thirty (30) days after their appointment, shall organize and elect a chairman and vice-chairman. Annually thereafter the offices of chairman and vice-chairman shall be attained through election by Commission members.
B. The Commission, as soon after the election of the chairman and vice-chairman as practicable, shall employ a secretary-treasurer and such clerks and assistants as shall be deemed necessary to discharge the duties imposed by the provisions of this Code, and shall determine their duties and fix their compensation subject to the general laws of this state.
C. The chairman of the Commission, and in his absence the vice-chairman, shall preside at all meetings of the Commission and shall execute such duties as the Commission, by its rules, shall prescribe.
D. The secretary-treasurer shall keep a complete and permanent record of all proceedings of the Commission and perform such other duties as the Commission shall prescribe.
Added by Laws 1974, c. 121, § 204, operative July 1, 1974. Amended by Laws 1982, c. 194, § 3, emerg. eff. April 26, 1982; Laws 1998, c. 60, § 4, eff. Jan. 1, 1999.
§59-858-205. Oklahoma Real Estate Commission Revolving Fund.
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Real Estate Commission, to be designated the "Oklahoma Real Estate Commission Revolving Fund". The fund shall consist of all monies received by the Oklahoma Real Estate Commission other than the Oklahoma Real Estate Education and Recovery Fund fees or appropriated funds. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Oklahoma Real Estate Commission.
B. The Oklahoma Real Estate Commission may invest all or part of the monies of the fund in securities offered through the "Oklahoma State Treasurer's Cash Management Program". Any interest or dividends accruing from the securities and any monies generated at the time of redemption of the securities shall be deposited in the General Operating Fund of the Oklahoma Real Estate Commission. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Real Estate Commission.
C. Expenditures from this fund shall be made pursuant to the purposes of this Code and without legislative appropriation. Warrants for expenditures shall be drawn by the State Treasurer based on claims signed by an authorized employee or employees of the Oklahoma Real Estate Commission and approved for payment by the Director of State Finance.
D. The revolving fund shall be audited at least once each year by the State Auditor and Inspector.
Added by Laws 1974, c. 121, § 205, operative July 1, 1974. Amended by Laws 1977, c. 182, § 1, eff. July 1, 1977; Laws 1979, c. 47, § 39, emerg. eff. April 9, 1979; Laws 1992, c. 94, § 2, eff. July 1, 1992; Laws 1998, c. 60, § 5, eff. Jan. 1, 1999.
§59-858-206. Suits - Service - Seal - Certified copies - Location of office.
A. The Commission may sue and be sued in its official name, and service of summons upon the secretary-treasurer of the Commission shall constitute lawful service upon the Commission.
B. The Commission shall have a seal which shall be affixed to all licenses, certified copies of records and papers on file, and to such other instruments as the Commission may direct, and all courts shall take judicial notice of such seal.
C. Copies of records and proceedings of the Commission and all papers on file in the office, certified under the seal, shall be received as evidence in all courts of record.
D. The office of the Commission shall be at Oklahoma City, Oklahoma.
Added by Laws 1974, c. 121, § 206, operative July 1, 1974. Amended by Laws 1998, c. 60, § 6, eff. Jan. 1, 1999.
§59858207. Annual report of fees.
The Commission shall at the close of each fiscal year file with the Governor and State Auditor and Inspector a true and correct report of all fees charged, collected and received during the previous fiscal year, and shall pay into the General Revenue Fund of the State Treasury ten percent (10%) of the license fees collected and received during the fiscal year.
Amended by Laws 1982, c. 194, § 4, emerg. eff. April 26, 1982; Laws 1983, c. 289, § 1, emerg. eff. June 24, 1983; Laws 1985, c. 231, § 4, operative July 1, 1985; Laws 1990, c. 264, § 125, operative July 1, 1990.
§59858208. Powers and duties of the Commission.
The Oklahoma Real Estate Commission shall have the following powers and duties:
1. To promulgate rules, prescribe administrative fees by rule, and make orders as it may deem necessary or expedient in the performance of its duties;
2. To administer examinations to persons who apply for the issuance of licenses;
3. To sell to other entities or governmental bodies, not limited to the State of Oklahoma, computer testing and license applications to recover expended research and development costs;
4. To issue licenses in the form the Commission may prescribe to persons who have passed examinations or who otherwise are entitled to such licenses;
5. To issue licenses to and regulate the activities of real estate brokers, provisional sales associates, sales associates, branch offices, nonresidents, associations, corporations, and partnerships;
6. Upon showing good cause as provided for in The Oklahoma Real Estate License Code, to discipline licensees, instructors and real estate school entities by:
a. reprimand,
b. probation for a specified period of time,
c. requiring education in addition to the educational requirements provided by Section 858-307.2 of this title,
d. suspending real estate licenses and approvals for specified periods of time,
e. revoking real estate licenses and approvals,
f. imposing administrative fines pursuant to Section 858-402 of this title, or
g. any combination of discipline as provided by subparagraphs a through f of this paragraph;
7. Upon showing good cause, to modify any sanction imposed pursuant to the provisions of this section and to reinstate licenses;
8. To conduct, for cause, disciplinary proceedings;
9. To prescribe penalties as it may deem proper to be assessed against licensees for the failure to pay the license renewal fees as provided for in this Code;
10. To initiate the prosecution of any person who violates any of the provisions of this Code;
11. To approve instructors and organizations offering courses of study in real estate and to further require them to meet standards to remain qualified as is necessary for the administration of this Code;
12. To contract with attorneys and other professionals to carry out the functions and purposes of this Code;
13. To apply for injunctions and restraining orders for violations of the Code or the rules of the Commission;
14. To create an Oklahoma Real Estate Contract Form Committee by rule which will be required to draft and revise residential real estate purchase contracts and any related addenda for voluntary use by real estate licensees;
15. To enter into contracts and agreements for the payment of food and other reasonable expenses as authorized in the State Travel Reimbursement Act necessary to host, conduct, or participate in meetings or training sessions as is reasonable for the administration of this Code; and
16. To conduct an annual performance review of the Executive Director and submit the report to the Legislature.
Added by Laws 1974, c. 121, § 208, operative July 1, 1974. Amended by Laws 1980, c. 165, § 1, eff. Oct. 1, 1980; Laws 1984, c. 74, § 1, eff. Nov. 1, 1984; Laws 1989, c. 235, § 2, emerg. eff. May 12, 1989; Laws 1990, c. 264, § 126, operative July 1, 1990; Laws 1991, c. 43, § 3, eff. July 1, 1993; Laws 1993, c. 54, § 1, eff. Sept. 1, 1993; Laws 1994, c. 149, § 2, eff. July 1, 1995; Laws 1996, c. 159, § 1, eff. Nov. 1, 1996; Laws 2001, c. 235, § 2, eff. Aug. 1, 2001; Laws 2005, c. 85, § 1, eff. Nov. 1, 2005.
§59-858-209. Compliance with the Administrative Procedures Act.
A. In the exercise of all powers and the performance of all duties provided in this Code, the Commission shall comply with the procedures provided in the Administrative Procedures Act. Appeals shall be taken as provided in said act.
B. The Commission may designate and employ a hearing examiner or examiners who shall have the power and authority to conduct such hearings in the name of the Commission at any time and place subject to the provisions of this section and any applicable rules or orders of the Commission. No person shall serve as a hearing examiner in any proceeding in which any party to the proceeding is, or at any time has been, a client of the hearing examiner or of any firm, partnership or corporation with which the hearing examiner is, or at any time has been, associated. No person who acts as a hearing examiner shall act as attorney for the Commission in any court proceeding arising out of any hearing in which he acted as hearing examiner.
C. In any hearing before the Commission, the burden of proof shall be upon the moving party.
Added by Laws 1974, c. 121, § 209, operative July 1, 1974. Amended by Laws 1998, c. 60, § 7, eff. Jan. 1, 1999.
§59-858-301. License required - Exceptions.
It shall be unlawful for any person to act as a real estate licensee, or to hold himself or herself out as such, unless the person shall have been licensed to do so under this Code. However, nothing in this section shall:
1. Prevent any person, partnership, association or corporation, or the partners, officers or employees of any partnership, association or corporation, from acquiring real estate for its own use, nor shall anything in this section prevent any person, partnership, association or corporation, or the partners, officers or employees of any partnership, association or corporation, as owner, lessor or lessee of real estate, from selling, renting, leasing, exchanging, or offering to sell, rent, lease or exchange, any real estate so owned or leased, or from performing any acts with respect to such real estate when such acts are performed in the regular course of, or as an incident to, the management, ownership or sales of such real estate and the investment therein;
2. Apply to persons acting as the attorney-in-fact for the owner of any real estate authorizing the final consummation by performance of any contract for the sale, lease or exchange of such real estate;
3. In any way prohibit any attorney-at-law from performing the duties of the attorney as such, nor shall this Code prohibit a receiver, trustee in bankruptcy, administrator, executor, or his or her attorney, from performing his or her duties, or any person from performing any acts under the order of any court, or acting as a trustee under the terms of any trust, will, agreement or deed of trust;
4. Apply to any person acting as the resident manager for the owner or an employee acting as the resident manager for a licensed real estate broker managing an apartment building, duplex, apartment complex or court, when such resident manager resides on the premises and is engaged in the leasing of property in connection with the employment of the resident manager;
5. Apply to any person who engages in such activity on behalf of a corporation or governmental body, to acquire easements, rights-of-way, leases, permits and licenses, including any and all amendments thereto, and other similar interests in real estate, for the purpose of, or facilities related to, transportation, communication services, cable lines, utilities, pipelines, or oil, gas, and petroleum products;
6. Apply to any person who engages in such activity in connection with the acquisition of real estate on behalf of an entity, public or private, which has the right to acquire the real estate by eminent domain; or
7. Apply to any person who is a resident of an apartment building, duplex, or apartment complex or court, when the person receives a resident referral fee. As used in this paragraph, a "resident referral fee" means a nominal fee not to exceed Fifty Dollars ($50.00), offered to a resident for the act of recommending the property for lease to a family member, friend, or coworker.
Added by Laws 1974, c. 121, § 301, operative July 1, 1974. Amended by Laws 1977, c. 68, § 1; Laws 1997, c. 401, § 13, eff. Nov. 1, 1997; Laws 1998, c. 60, § 8, eff. Jan. 1, 1999.
§59-858-302. Eligibility for license as provisional sales associate - Qualifications - Examination - Posteducation requirement.
A. Any person of good moral character, eighteen (18) years of age or older, and who shall submit to the Commission evidence of successful completion of ninety (90) clock hours or its equivalent as determined by the Commission of basic real estate instruction in a course of study approved by the Commission, may apply to the Commission to take an examination for the purpose of securing a license as a provisional sales associate.
B. Application shall be made upon forms prescribed by the Commission and shall be accompanied by an examination fee as provided for in this Code and all information and documents the Commission may require.
C. The applicant shall appear in person before the Commission for an examination which shall be in the form and inquire into the subjects the Commission shall prescribe.
D. If it shall be determined that the applicant shall have passed the examination, received final approval of the application, and paid the appropriate license fee provided for in this Code along with the Oklahoma Real Estate Education and Recovery Fund fee, the Commission shall issue to the applicant a provisional sales associate license.
E. Following the issuance of a provisional sales associate license, the licensee shall then submit to the Commission, prior to the expiration of the provisional license, evidence of successful completion of forty-five (45) clock hours or its equivalent as determined by the Commission of posteducation real estate instruction in a course(s) of study approved by the Commission. A provisional sales associate who fails to submit evidence of compliance with the posteducation requirement pursuant to this section, prior to the first expiration date of the provisional sales associate license, shall not be entitled to renew such license for another license term. However, the Commission shall promulgate rules for those persons called into active military service for purposes of satisfying the posteducation requirement.
Added by Laws 1974, c. 121, § 302, operative July 1, 1974. Amended by Laws 1977, c. 182, § 3, eff. July 1, 1977; Laws 1980, c. 165, § 2, eff. July 1, 1981; Laws 1991, c. 43, § 4, eff. July 1, 1993; Laws 1998, c. 60, § 9, eff. Jan. 1, 1999; Laws 2004, c. 142, § 2, eff. Nov. 1, 2004; Laws 2005, c. 59, § 1, eff. Nov. 1, 2005.
§59-858-303. Eligibility for license as real estate broker or broker associate - Examination.
A. Any person of good moral character, who holds a renewable sales associate license and who shall have had two (2) years' experience, within the previous five (5) years, as a licensed real estate sales associate or provisional sales associate, or its equivalent, and who shall submit to the Commission evidence of successful completion of ninety (90) clock hours or its equivalent as determined by the Commission of advanced real estate instruction in a course of study approved by the Commission, which instruction shall be in addition to any instruction required for securing a license as a real estate sales associate, may apply to the Commission to take an examination for the purpose of securing a license as a real estate broker or broker associate.
B. Application shall be made upon forms prescribed by the Commission and shall be accompanied by an examination fee as provided for in this Code and all information and documents the Commission may require.
C. The applicant shall appear in person before the Commission for an examination which shall be in the form and shall inquire into the subjects which the Commission shall prescribe.
D. If it shall be determined that the applicant shall have passed the examination, received final approval of the application, and paid the appropriate license fee provided for in this Code along with the Oklahoma Real Estate Education and Recovery Fund fee, the Commission shall issue to the applicant a broker or broker associate license.
Added by Laws 1974, c. 121, § 303, operative July 1, 1974. Amended by Laws 1977, c. 182, § 4, eff. July 1, 1977; Laws 1980, c. 165, § 3, eff. July 1, 1981; Laws 1982, c. 194, § 5, emerg. eff. April 26, 1982; Laws 1991, c. 43, § 5, eff. July 1, 1993; Laws 1992, c. 94, § 3, eff. July 1, 1993; Laws 1998, c. 60, § 10, eff. Jan. 1, 1999; Laws 2005, c. 59, § 2, eff. Nov. 1, 2005.
§59858303B. Accounting of expenditure for services.
Any real estate broker who charges and collects any fees in advance of the services provided by the broker shall provide a detailed accounting of expenditures to the person such services are performed for within ten (10) days after the time specified to perform such services or upon written request from person for whom services are performed for, but no longer than one (1) year from date of contract for such services.
Added by Laws 1985, c. 231, § 6, operative July 1, 1985.
§59-858-304. Evidence of successful completion of basic or advanced real estate instruction - Syllabus of instruction.
A. A certified transcript from an institution of higher education, accredited by the Oklahoma State Regents for Higher Education or the corresponding accrediting agency of another state, certifying to the successful completion of a three-academic-hour basic course of real estate instruction for which college credit was given, shall be prima facie evidence of successful completion of the clock hours of basic real estate instruction for a provisional sales associate applicant as required in Section 858-302 of this Code.
B. A certified transcript from an institution of higher education, accredited by the Oklahoma State Regents for Higher Education or the corresponding accrediting agency of another state, certifying to the successful completion of a three-academic-hour course of real estate instruction consisting of the provisional sales associate postlicensing educational requirements for which college credit was given, shall be prima facie evidence of successful completion of the clock hours of real estate instruction for the postlicense requirement as required in Section 858-302 of this title.
C. A certified transcript from an institution of higher education, accredited by the Oklahoma State Regents for Higher Education or the corresponding agency of another state, certifying to the successful completion of five-academic-hours advanced courses of real estate instruction for which college credit was given, shall be prima facie evidence of successful completion of the clock hours of advanced real estate instruction as required in Section 858-303 of this Code for a broker applicant.
D. Each school, whether public or private other than institutions of higher education, must present to the Commission its syllabus of instruction, prior to approval of such school.
Added by Laws 1974, c. 121, § 304, operative July 1, 1974. Amended by Laws 1980, c. 165, § 4, eff. Oct. 1, 1980; Laws 1991, c. 43, § 6, eff. July 1, 1993; Laws 1992, c. 94, § 4, eff. July 1, 1993; Laws 1998, c. 60, § 11, eff. Jan. 1, 1999.
§59858305. Licensing of associations, corporations and partnerships.
A. The Oklahoma Real Estate Commission may license as a real estate broker any association or corporation in which the managing member or managing officer holds a license as a real estate broker, as defined in this Code, and in which every member, officer or employee who acts as a real estate broker or real estate sales associate holds a license for that purpose, as defined in this Code. The Commission may license as a real estate broker any partnership in which each partner holds a license as a real estate broker, as defined in this Code.
B. Application for licenses described in this section shall be made on forms prescribed by the Commission and shall be issued pursuant to rules promulgated by the Commission.
Added by Laws 1974, c. 121, § 305, operative July 1, 1974. Amended by Laws 1996, c. 159, § 2, eff. Nov. 1, 1996.
§59-858-306. Licensing of nonresidents.
A. Any person who desires to perform licensed activities in Oklahoma but maintains a place of business outside of Oklahoma may obtain an Oklahoma nonresident license by complying with all applicable provisions of this Code.
B. The nonresident shall give written consent that actions and suits at law may be commenced against the nonresident licensee in any county in this state wherein any cause of action may arise or be claimed to have arisen out of any transaction occurring in the county because of any transactions commenced or conducted by the nonresident or the nonresident's associates or employees in such county. The nonresident shall further, in writing, appoint the secretary-treasurer of said Commission as service agent to receive service of summons for the nonresident in all of such actions and service upon the secretary-treasurer of such Commission shall be held to be sufficient to give the court jurisdiction over the nonresident in all such actions.
C. A broker who is duly licensed in another state and who has not obtained an Oklahoma nonresident license may enter a cooperative brokerage agreement with a licensed real estate broker in this state. If, however, the broker desires to perform licensed activities in this state, the broker must obtain an Oklahoma nonresident license.
Added by Laws 1974, c. 121, § 306, operative July 1, 1974. Amended by Laws 1991, c. 43, § 7, eff. July 1, 1993; Laws 1998, c. 60, § 12, eff. Jan. 1, 1999.
§59-858-307.1. Issuance of license - Term - Fees.
A. The Oklahoma Real Estate Commission shall issue every real estate license for a term of thirty-six (36) months with the exception of a provisional sales associate license whose license term shall be for twelve (12) months. License terms shall not be altered except for the purpose of general reassignment of the terms which might be necessitated for maintaining an equitable staggered license term system. The expiration date of the license shall be the end of the twelfth or thirty-sixth month, whichever is applicable, including the month of issuance. Fees shall be promulgated by rule, payable in advance, and nonrefundable.
B. If a license is issued for a period of less than thirty-six (36) months, the license fee shall be prorated to the nearest dollar and month. If a real estate sales associate or a provisional sales associate shall qualify for a license as a real estate broker, then the real estate provisional sales associate's or sales associate's license fee for the remainder of the license term shall be prorated to the nearest dollar and month and credited to such person's real estate broker's license fee.
Added by Laws 1980, c. 165, § 5, eff. July 1, 1981. Amended by Laws 1985, c. 231, § 5, operative July 1, 1985; Laws 1989, c. 235, § 3, emerg. eff. May 12, 1989; Laws 1991, c. 43, § 8, eff. July 1, 1993; Laws 1998, c. 60, § 13, eff. Jan. 1, 1999; Laws 2001, c. 235, § 3, eff. Aug. 1, 2001.
§59-858-307.2. Renewal of license - Continuing education requirement.
A. 1. Beginning July 1, 1996, as a condition of renewal or reactivation of the license, each licensee, with the exception of those exempt as set out in this section, shall submit to the Commission evidence of completion of the specified number of clock hours of continuing education courses approved by the Commission, within the thirty-six (36) months immediately preceding the term for which the license is to be issued. The number of hours, or its equivalent, required for each licensed term shall be determined by the Commission and promulgated by rule. Each licensee shall be required to complete and include as part of said continuing education a certain number of required subjects as prescribed by rule.
2. Beginning November 1, 2004, as a condition of renewal or reactivation of the license, each licensee with the exception of those exempt as set out in this section shall submit to the Commission evidence of completion of a specified number of hours of continuing education courses approved by the Commission, within the thirty-six (36) months immediately preceding the term for which the license is to be issued. The number of hours, or its equivalent, required for each licensed term shall be determined by the Commission and promulgated by rule. Each licensee shall be required to complete and include as part of said continuing education a certain number of required subjects as prescribed by rule.
B. The continuing education courses required by this section shall be satisfied by courses approved by the Commission and offered by:
1. The Commission;
2. A technology center school;
3. A college or university;
4. A private school;
5. The Oklahoma Association of Realtors, the National Association of Realtors, or any affiliate thereof;
6. The Oklahoma Bar Association, American Bar Association, or any affiliate thereof; or
7. An education provider.
C. The Commission shall maintain a list of courses which are approved by the Commission.
D. The Commission shall not issue an active renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.
E. The provisions of this section do not apply:
1. During the period a license is on inactive status;
2. To a licensee who holds a provisional sales associate license;
3. To a nonresident licensee licensed in this state if the licensee maintains a current license in another state and has satisfied the continuing education requirement for license renewal in that state; or
4. To a corporation, association, partnership or branch office.
Added by Laws 1980, c. 165, § 6, eff. July 1, 1984. Amended by Laws 1983, c. 289, § 2, emerg. eff. June 24, 1983; Laws 1984, c. 16, § 1, emerg. eff. March 20, 1984; Laws 1991, c. 43, § 9, eff. July 1, 1993; Laws 1992, c. 94, § 5, eff. July 1, 1993; Laws 1994, c. 149, § 3, eff. July 1, 1994; Laws 1998, c. 60, § 14, eff. Jan. 1, 1999; Laws 2001, c. 33, § 48, eff. July 1, 2001; Laws 2001, c. 235, § 4, eff. Nov. 1, 2001.
§59-858-307.3. Application for reissuance of license after revocation.
A person shall not be permitted to file an application for reissuance of a license after revocation of the license within three (3) years of the effective date of revocation.
Added by Laws 1994, c. 149, § 5, eff. July 1, 1995.
§59858308. Current list of licensees.
In the interest of the public, the Commission shall keep a current list of the names and addresses of all licensees, and of all persons whose licenses have been suspended or revoked, together with such other information relative to the enforcement of the provisions of this Code as it may deem advisable and desirable. Such listings and information shall be a matter of public record.
Laws 1974, c. 121, § 308, operative July 1, 1974.
§59-858-309. Inactive status for licensees.
A. The Commission may place a license on inactive status when the request therefor is accompanied by sufficient reason; however, said status shall not relieve the licensee from paying the required fees. The request for inactive status shall be in writing on forms furnished by the Commission.
B. During active military service, any licensee shall not be required to pay the fees but shall request the inactive status prior to each term for which the license is to be issued.
Added by Laws 1974, c. 121, § 309, operative July 1, 1974. Amended by Laws 1980, c. 165, § 7, eff. July 1, 1981; Laws 1984, c. 16, § 2, emerg. eff. March 20, 1984; Laws 1998, c. 60, § 15, eff. Jan. 1, 1999.
§59-858-310. Location of office - Licenses for branch offices.
A. A real estate broker shall maintain a specific place of business. Such place of business shall comply with all local laws and shall be available to the public during reasonable business hours.
B. If a real estate broker maintains more than one place of business and the additional location is an extension of the main office, a branch office license must be obtained for each additional location. Each branch office shall be under the direction and supervision of a separate broker and shall be considered a managing broker of the branch office. Application shall be made upon forms as prescribed by the Commission.
Added by Laws 1974, c. 121, § 310, operative July 1, 1974. Amended by Laws 1998, c. 60, § 16, eff. Jan. 1, 1999.
§59-858-311. Action not maintainable without allegation and proof of license.
No person, partnership, association or corporation acting as a real estate licensee shall bring or maintain an action in any court in this state for the recovery of a money judgment as compensation for services rendered in listing, buying, selling, renting, leasing or exchanging of any real estate without alleging and proving that such person, partnership, association or corporation was licensed when the alleged cause of action arose.
Added by Laws 1974, c. 121, § 311, operative July 1, 1974. Amended by Laws 1998, c. 60, § 17, eff. Jan. 1, 1999.
§59-858-312. Investigations - Cause for suspension or revocation of license.
The Oklahoma Real Estate Commission may, upon its own motion, and shall, upon written complaint filed by any person, investigate the business transactions of any real estate licensee, and may, upon showing good cause, impose sanctions as provided for in Section 858-208 of this title. Cause shall be established upon the showing that any licensee has performed, is performing, has attempted to perform, or is attempting to perform any of the following acts:
1. Making a materially false or fraudulent statement in an application for a license;
2. Making substantial misrepresentations or false promises in the conduct of business, or through real estate licensees, or advertising, which are intended to influence, persuade, or induce others;
3. Failing to comply with the requirements of Sections 858-351 through 858-363 of this title;
4. Accepting a commission or other valuable consideration as a real estate associate for the performance of any acts as an associate, except from the real estate broker with whom the associate is associated;
5. Representing or attempting to represent a real estate broker other than the broker with whom the associate is associated without the express knowledge and consent of the broker with whom the associate is associated;
6. Failing, within a reasonable time, to account for or to remit any monies, documents, or other property coming into possession of the licensee which belong to others;
7. Paying a commission or valuable consideration to any person for acts or services performed in violation of the Oklahoma Real Estate License Code;
8. Any other conduct which constitutes untrustworthy, improper, fraudulent, or dishonest dealings;
9. Disregarding or violating any provision of the Oklahoma Real Estate License Code or rules promulgated by the Commission;
10. Guaranteeing or having authorized or permitted any real estate licensee to guarantee future profits which may result from the resale of real estate;
11. Advertising or offering for sale, rent or lease any real estate, or placing a sign on any real estate offering it for sale, rent or lease without the consent of the owner or the owner's authorized representative;
12. Soliciting, selling, or offering for sale real estate by offering "free lots", conducting lotteries or contests, or offering prizes for the purpose of influencing a purchaser or prospective purchaser of real estate;
13. Accepting employment or compensation for appraising real estate contingent upon the reporting of a predetermined value or issuing any appraisal report on real estate in which the licensee has an interest unless the licensee's interest is disclosed in the report. All appraisals shall be in compliance with the Oklahoma real estate appraisal law, and the person performing the appraisal or report shall disclose to the employer whether the person performing the appraisal or report is licensed or certified by the Oklahoma Real Estate Appraiser Board;
14. Paying a commission or any other valuable consideration to any person for performing the services of a real estate licensee as defined in the Oklahoma Real Estate License Code who has not first secured a real estate license pursuant to the Oklahoma Real Estate License Code;
15. Unworthiness to act as a real estate licensee, whether of the same or of a different character as specified in this section, or because the real estate licensee has been convicted of a crime involving moral turpitude;
16. Commingling with the licensee's own money or property the money or property of others which is received and held by the licensee, unless the money or property of others is received by the licensee and held in an escrow account that contains only money or property of others;
17. Conviction in a court of competent jurisdiction of having violated any provision of the federal fair housing laws, 42 U.S.C. Section 3601 et seq.;
18. Failure by a real estate broker, after the receipt of a commission, to render an accounting to and pay to a real estate licensee the licensee's earned share of the commission received;
19. Conviction in a court of competent jurisdiction in this or any other state of the crime of forgery, embezzlement, obtaining money under false pretenses, extortion, conspiracy to defraud, fraud, or any similar offense or offenses, or pleading guilty or nolo contendere to any such offense or offenses;
20. Advertising to buy, sell, rent, or exchange any real estate without disclosing that the licensee is a real estate licensee;
21. Paying any part of a fee, commission, or other valuable consideration received by a real estate licensee to any person not licensed;
22. Offering, loaning, paying, or making to appear to have been paid, a down payment or earnest money deposit for a purchaser or seller in connection with a real estate transaction; and
23. Violation of the Residential Property Condition Disclosure Act.
Added by Laws 1974, c. 121, § 312, operative July 1, 1974. Amended by Laws 1980, c. 165, § 8, eff. Oct. 1, 1980; Laws 1982, c. 194, § 6, emerg. eff. April 26, 1982; Laws 1984, c. 74, § 2, eff. Nov. 1, 1984; Laws 1991, c. 43, § 10, eff. July 1, 1993; Laws 1992, c. 94, § 6, eff. July 1, 1993; Laws 1994, c. 149, § 4, eff. July 1, 1995; Laws 1996, c. 159, § 3, eff. Nov. 1, 1996; Laws 1998, c. 60, § 18, eff. Jan. 1, 1999; Laws 1999, c. 26, § 2, eff. Nov. 1, 1999; Laws 1999, c. 194, § 14, eff. Nov. 1, 2000; Laws 2001, c. 235, § 5, eff. Aug. 1, 2001.
§59-858-312.1. Certain persons prohibited from participation in real estate business.
A. No person whose license is revoked or suspended shall operate directly or indirectly or have a participating interest, or act as a member, partner or officer, in any real estate business, corporation, association or partnership that is required to be licensed pursuant to this Code.
B. No person whose license is cancelled, surrendered or lapsed pending investigation or disciplinary proceedings shall operate directly or indirectly or have a participating interest, or act as a member, partner or officer, in any real estate business, corporation, association or partnership that is required to be licensed pursuant to this Code until such time as the Commission makes a determination on the pending investigation or disciplinary proceedings and approves an application for license.
Added by Laws 1994, c. 149, § 6, eff. July 1, 1995.
§59-858-351. Definitions.
Unless the context clearly indicates otherwise, as used in Sections 858-351 through 858-363 of this title:
1. "Broker" means a real estate broker as defined in Section 858-102 of this title, and means, further, except where the context refers only to a real estate broker, an associated broker associate, sales associate, or provisional sales associate authorized by a real estate broker to provide brokerage services;
2. "Party" means a person who is a seller, buyer, landlord, or tenant or a person who is involved in an option or exchange;
3. "Single-party broker" means a broker who has entered into a written brokerage agreement with a party in a transaction to provide services for the benefit of that party;
4. "Transaction" means any or all of the steps that may occur by or between parties when a party seeks to buy, sell, lease, rent, option or exchange real estate and at least one party enters into a broker relationship subject to this title. Such steps may include, without limitation, soliciting, advertising, engaging a broker to list a property, showing or viewing a property, making offers or counteroffers, entering into agreements and closing such agreements; and
5. "Transaction broker" means a broker who provides services by assisting a party in a transaction without being an advocate for the benefit of that party.
Added by Laws 1999, c. 194, § 1, eff. Nov. 1, 2000. Amended by Laws 2005, c. 423, § 1, emerg. eff. June 6, 2005.
§59-858-352. Written brokerage agreement.
A broker may enter into a written brokerage agreement to provide services as either a single-party broker or a transaction broker. If a broker does not enter into a written brokerage agreement with a party, the broker shall perform services only as a transaction broker. All brokerage agreements shall be deemed to incorporate as material terms the duties and responsibilities set forth in subsection A of Section 858-353 or subsection B of Section 858-354 of this title, based upon whether the relationship established by the brokerage agreement is a transaction broker relationship or single-party broker relationship.
Added by Laws 1999, c. 194, § 2, eff. Nov. 1, 2000. Amended by Laws 2005, c. 423, § 2, emerg. eff. June 6, 2005.
§59-858-353. Transaction broker - Duties and responsibilities.
A. A transaction broker shall have the following duties and responsibilities, which are mandatory and may not be abrogated or waived by a transaction broker:
1. To treat all parties with honesty and exercise reasonable skill and care;
2. To be available to:
a. receive all written offers and counteroffers,
b. reduce offers or counteroffers to a written form upon request of any party to a transaction, and
c. present timely such written offers and counteroffers;
3. To inform in writing the party for whom the broker is providing services when an offer is made that the party will be expected to pay certain closing costs, brokerage service costs and approximate amount of said costs;
4. To account timely for all money and property received by the broker;
5. To keep confidential information received from a party confidential as required by Section 858-357 of this title;
6. To disclose information pertaining to the property as required by the Residential Property Condition Disclosure Act; and
7. To comply with all requirements of the Oklahoma Real Estate License Code and all applicable statutes and rules.
B. Except as provided in Section 858-358 of this title, such duties and responsibilities set forth in this section shall be performed by a transaction broker if such duties and responsibilities relate to the steps of the transaction which occur while there is a broker relationship.
C. Nothing in this section requires or prohibits a transaction broker from charging a separate fee or other compensation for each duty or other services provided during a transaction.
D. If a transaction broker intends to perform fewer services than those required to complete a transaction, written disclosure shall be provided to the party for whom the broker is providing services. Such disclosure shall include a description of those steps in the transaction for which the broker will not perform services, and also state that a broker assisting the other party in the transaction is not required to provide assistance with these steps in any manner.
Added by Laws 1999, c. 194, § 3, eff. Nov. 1, 2000. Amended by Laws 2005, c. 423, § 3, emerg. eff. June 6, 2005.
§59-858-354. Single-party broker - Duties and responsibilities.
A. A broker shall enter into a written brokerage agreement prior to providing services as a single-party broker, which shall be deemed to include, and which may not abrogate or waive, the mandatory duties and responsibilities set forth in this section.
B. The single-party broker shall have the following duties and responsibilities:
1. To treat all parties with honesty and exercise reasonable skill and care;
2. To be available to:
a. receive all written offers and counteroffers,
b. reduce offers or counteroffers to a written form upon request of any party to a transaction,
c. present timely all written offers and counteroffers;
3. To inform in writing the party for whom the broker is providing services when an offer is made that the party will be expected to pay certain closing costs, brokerage service costs and approximate amount of said costs;
4. To keep the party for whom the single-party broker is performing services informed regarding the transaction;
5. To account timely for all money and property received by the broker;
6. To keep confidential information received from a party confidential as required by Section 858-357 of this title;
7. To perform all brokerage activities for the benefit of the party for whom the single-party broker is performing services unless prohibited by law;
8. To disclose information pertaining to the property as required by the Residential Property Condition Disclosure Act;
9. To obey the specific directions of the party for whom the single-party broker is performing services that are not contrary to applicable statutes and rules or contrary to the terms of a contract between the parties to the transaction; and
10. To comply with all requirements of the Oklahoma Real Estate License Code and all applicable statutes and rules.
C. In the event a broker who is a single-party broker for a buyer or a tenant receives a fee or compensation based on a selling price or lease cost of a transaction, such receipt does not constitute a breach of duty or obligation to the buyer or tenant if fully disclosed to the buyer or tenant in the written brokerage agreement.
D. Except as provided in Section 858-358 of this title, such duties and responsibilities set forth in this section shall be performed by a single-party broker if such duties and responsibilities relate to the steps of the transaction which occur while there is a broker relationship.
E. Nothing in this section requires or prohibits a single-party broker from charging a separate fee or other compensation for each duty or other services provided during a transaction.
F. If a single-party broker intends to perform fewer services than those required to complete a transaction, written disclosure shall be provided to the party for whom the broker is providing services. Such disclosure shall include a description of those steps in the transaction for which the broker will not perform services, and also state that the broker assisting the other party in the transaction is not required to provide assistance with these steps in any manner.
Added by Laws 1999, c. 194, § 4, eff. Nov. 1, 2000. Amended by Laws 2005, c. 423, § 4, emerg. eff. June 6, 2005.
§59-858-355. Alternative relationships entered into where broker assists one or both parties - Written disclosure - Written consent - Contents of brokerage agreement - Withdrawal by broker - Referral fees - Cooperation with other brokers.
A. When assisting one party to a transaction, a broker shall enter into one of the following relationships:
1. As a transaction broker without a written brokerage agreement;
2. As a transaction broker through a written brokerage agreement; or
3. As a single-party broker through a written brokerage agreement.
B. When assisting both parties to a transaction, a broker may enter into the following relationships:
1. As a transaction broker for both parties;
2. As a single-party broker for one party and as a transaction broker for the other party. In this event, a broker shall disclose in writing to the party for whom the broker is providing services as a transaction broker, the difference between a transaction broker and a single-party broker, and that the broker is a single-party broker for the other party and performs services for the benefit of the other party in the transaction; or
3. As a transaction broker where the broker has previously entered into a written brokerage agreement to provide services as a single-party broker for both parties. In this event, the broker shall obtain the written consent of each party before the broker begins to perform services as a transaction broker. The written consent may be included in the written brokerage agreement or in a separate document and shall contain the following information:
a. a description of the transaction or type of transactions that might occur in which the single-party broker seeks to obtain consent to become a transaction broker,
b. a statement that in such transactions the single-party broker would perform services for more than one party whose interest could be different or even adverse and that such transactions require the broker to seek the consent of each party to such transactions to permit a change in the brokerage relationship,
c. a statement that by giving consent in such transactions:
(1) the party will allow the broker to change the broker's relationship from performing services as a single-party broker to performing services as a transaction broker,
(2) the broker will no longer provide services for the benefit of the party, but may only assist in such transactions,
(3) the broker will not be obligated to obey the specific directions of the party but will assist all parties to such transactions,
(4) the party will not be vicariously liable for the acts of the broker and associated associates, and
(5) the broker's obligation to keep confidential information received from the party confidential is not affected,
d. a statement that the party is not required to consent to the change in the brokerage relationships in such transactions and may seek independent advice,
e. a statement that the consent of the party to change the brokerage relationship in such transactions has been given voluntarily and that the written consent has been read and understood by the party, and
f. a statement that the party authorizes the broker to change the brokerage relationship in such transactions and to assist all parties to such transactions as a transaction broker.
C. 1. If neither party gives consent as described in paragraph 3 of subsection B of this section, the broker shall withdraw from providing services to all but one party to a transaction. If the broker refers the party for whom the broker is no longer providing services to another broker, the broker shall not receive a fee for referring the party unless written disclosure is made to all parties.
2. If only one party gives consent as described in paragraph 3 of subsection B of this section, the broker may act as a transaction broker for the consenting party and continue to act as a single-party broker for the nonconsenting party. In this event, the broker shall disclose in writing to the consenting party that the broker remains a single-party broker for the nonconsenting party and performs services for the benefit of the nonconsenting party.
D. A broker may cooperate with other brokers in a transaction. Under Sections 1 through 13 of this act, a broker shall not be an agent, subagent, or dual agent and an offer of subagency shall not be made to other brokers.
Added by Laws 1999, c. 194, § 5, eff. Nov. 1, 2000.
§59-858-356. Disclosures - Confirmation in writing.
A. Prior to the signing by a party of a contract to purchase, lease, option or exchange real estate, a broker who is performing services as a transaction broker without a written brokerage agreement shall describe and disclose in writing the broker's role to the party.
B. Prior to entering into a written brokerage agreement as either a transaction broker or single-party broker, the broker shall describe and disclose in writing the broker's relationship to the party.
C. A transaction broker shall disclose to the party for whom the transaction broker is providing services that the party is not vicariously liable for the acts or omissions of the transaction broker.
D. A single-party broker shall disclose to the party for whom the single-party broker is providing services that the party may be vicariously liable for the acts or omissions of a single-party broker.
E. The disclosures required by this section and the consent required by Section 5 of this act must be confirmed by each party in writing in a separate provision, incorporated in or attached to the contract to purchase, lease, option, or exchange real estate. In those cases where a broker is involved in a transaction but does not prepare the contract to purchase, lease, option, or exchange real estate, compliance with the disclosure requirements must be documented by the broker.
Added by Laws 1999, c. 194, § 6, eff. Nov. 1, 2000.
§59-858-357. Confidential information.
The following information shall be considered confidential and shall not be disclosed by a broker without the consent of the party disclosing the information unless consent to disclosure is granted by the party disclosing the information, the disclosure is required by law, or the information is made public or becomes public as the result of actions from a source other than the broker:
1. That a party is willing to pay more or accept less than what is being offered;
2. That a party is willing to agree to financing terms that are different from those offered; and
3. The motivating factors of the party purchasing, selling, leasing, optioning, or exchanging the property.
Added by Laws 1999, c. 194, § 7, eff. Nov. 1, 2000.
§59-858-358. Duties of broker following termination, expiration or completion of performance.
Except as may be provided in a written brokerage agreement between the broker and a party to a transaction, the broker owes no further duties or responsibilities to the party after termination, expiration, or completion of performance of the transaction, except:
1. To account for all monies and property relating to the transaction; and
2. To keep confidential all confidential information received by the broker during the broker's relationship with a party.
Added by Laws 1999, c. 194, § 8, eff. Nov. 1, 2000.
§59-858-359. Payment to broker not determinative of relationship.
The payment or promise of payment or compensation by a party to a broker does not determine what relationship, if any, has been established between the broker and a party to a transaction.
Added by Laws 1999, c. 194, § 9, eff. Nov. 1, 2000.
§59-858-360. Abrogation of common law principles of agency - Remedies cumulative.
The duties and responsibilities of a broker specified in Sections 1 through 13 of this act shall replace and abrogate the fiduciary or other duties of a broker to a party based on common law principles of agency. The remedies at law and equity supplement the provisions of Sections 1 through 13 of this act.
Added by Laws 1999, c. 194, § 10, eff. Nov. 1, 2000.
§59-858-361. Use of word "agent" in trade name.
A real estate broker is permitted under the provisions of Sections 1 through 13 of this act to use the word "agent" in a trade name.
Added by Laws 1999, c. 194, § 11, eff. Nov. 1, 2000.
§59-858-362. Vicarious liability for acts or omissions of real estate licensee.
A party to a real estate transaction shall not be vicariously liable for the acts or omissions of a real estate licensee who is providing services as a transaction broker under Sections 1 through 13 of this act.
Added by Laws 1999, c. 194, § 12, eff. Nov. 1, 2000.
§59-858-363. Associates of real estate broker - Authority.
Each broker associate, sales associate, and provisional sales associate shall be associated with a real estate broker. A real estate broker may authorize associates to provide brokerage services in the name of the real estate broker as permitted under the Oklahoma Real Estate License Code, which may include the execution of written agreements; however, such associates shall not refer to themselves as a broker.
Added by Laws 1999, c. 194, § 13, eff. Nov. 1, 2000. Amended by Laws 2003, c. 31, § 2, eff. Nov. 1, 2003.
§59-858-401. Penalties - Fines - Injunctions and restraining orders - Appeals.
A. In addition to any other penalties provided by law, any person unlicensed pursuant to The Oklahoma Real Estate License Code who shall willingly and knowingly violate any provision of this Code, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
B. In addition to any civil or criminal actions authorized by law, whenever, in the judgment of the Oklahoma Real Estate Commission, any unlicensed person has engaged in any acts or practices which constitute a violation of the Oklahoma Real Estate License Code, the Commission may:
1. After notice and hearing, and upon finding a violation of the Code, impose a fine of not more than Five Thousand Dollars ($5,000.00) or the amount of the commission or commissions earned, whichever is greater for each violation of the Code for unlicensed activity;
2. Make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Commission that such person has engaged in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court, without bond; or
3. Impose administrative fines pursuant to this subsection which shall be enforceable in the district courts of this state.
C. Notices and hearings required by this section and any appeals from orders entered pursuant to this section shall be in accordance with the Administrative Procedures Act.
D. Such funds as collected pursuant to this section shall be deposited in the Oklahoma Real Estate Education and Recovery Fund.
Added by Laws 1974, c. 121, § 401, operative July 1, 1974. Amended by Laws 1993, c. 54, § 2, eff. Sept. 1, 1993; Laws 2004, c. 142, § 3, eff. Nov. 1, 2004.
§59-858-402. Administrative fines.
A. The Oklahoma Real Estate Commission may impose administrative fines on any licensee licensed pursuant to The Oklahoma Real Estate License Code as follows:
1. Any administrative fine imposed as a result of a violation of this Code or the rules of the Commission shall not:
a. be less than One Hundred Dollars ($100.00) and shall not exceed Two Thousand Dollars ($2,000.00) for each violation of this Code or the rules of the Commission, or
b. exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single incident or transaction;
2. All administrative fines shall be paid within thirty (30) days of notification of the licensee by the Commission of the order of the Commission imposing the administrative fine;
3. The license may be suspended until any fine imposed upon the licensee by the Commission is paid;
4. If fines are not paid in full by the licensee within thirty (30) days of the notification by the Commission of the order, the fines shall double and the licensee shall have an additional thirty- day period. If the doubled fine is not paid within the additional thirty-day period, the license shall automatically be revoked; and
5. All monies received by the Commission as a result of the imposition of the administrative fine provided for in this section shall be deposited in the Oklahoma Real Estate Education and Recovery Fund, created pursuant to Section 858-601 of this title.
B. The administrative fines authorized by this section may be in addition to any other criminal penalties or civil actions provided for by law.
Added by Laws 1993, c. 54, § 3, eff. Sept. 1, 1993. Amended by Laws 1999, c. 26, § 3, eff. Nov. 1, 1999.
§59858503. Headings.
Article and section headings contained in this Code shall not affect the interpretation of the meaning or intent of any provision of this Code.
Laws 1974, c. 121, § 503, operative July 1, 1974.
§59-858-513. Psychologically impacted real estate - Factors included - Nondisclosure of facts - Certain actions prohibited - Disclosure in certain circumstances.
A. The fact or suspicion that real estate might be or is psychologically impacted, such impact being the result of facts or suspicions, including but not limited to:
1. That an occupant of the real estate is, or was at any time suspected to be infected, or has been infected, with Human Immunodeficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
2. That the real estate was, or was at any time suspected to have been the site of a suicide, homicide or other felony,
is not a material fact that must be disclosed in a real estate transaction.
B. No cause of action shall arise against an owner of real estate or any licensee assisting the owner for the failure to disclose to the purchaser or lessee of such real estate or any licensee assisting the purchaser or lessee that such real estate was psychologically impacted as provided for in subsection A of this section.
C. Notwithstanding the fact that this information is not a material defect or fact, in the event that a purchaser or lessee, who is in the process of making a bona fide offer, advises the licensee assisting the owner, in writing, that knowledge of such factor is important to the person's decision to purchase or lease the property, the licensee shall make inquiry of the owner and report any findings to the purchaser or lessee with the consent of the owner and subject to and consistent with applicable laws of privacy; provided further, if the owner refuses to disclose, the licensee assisting the owner shall so advise the purchaser or lessee.
Added by Laws 1989, c. 235, § 1, emerg. eff. May 12, 1989. Amended by Laws 1998, c. 60, § 19, eff. Jan. 1, 1999.
§59-858-514. Registered sex offenders or violent crime offenders - No duty to provide notice regarding.
The provisions of the Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act shall not be construed as imposing a duty upon a person licensed under the Oklahoma Real Estate License Code to disclose any information regarding an offender required to register under such provision.
Added by Laws 1997, c. 260, § 11, eff. Nov. 1, 1997. Amended by Laws 2004, c. 358, § 11, eff. Nov. 1, 2004.
§59-858-601. Creation - Status - Appropriation - Expenditures - Use of funds - Eligibility to recover.
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Real Estate Commission to be designated "Oklahoma Real Estate Education and Recovery Fund". The fund shall consist of monies received by the Oklahoma Real Estate Commission as fees assessed for the Oklahoma Real Estate Education and Recovery Fund under the provisions of this act. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Oklahoma Real Estate Commission. The Oklahoma Real Estate Commission may invest all or part of the monies of the fund in securities offered through the "Oklahoma State Treasurer's Cash Management Program". Any interest or dividends accruing from the securities and any monies generated at the time of redemption of the securities shall be deposited in the Oklahoma Real Estate Education and Recovery Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Real Estate Commission for the purposes specified in Section 858-605 of this title. Expenditures from said fund shall be made pursuant to the laws of this state and the statutes relating to the said Commission, and without legislative appropriation. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the said Commission and approved for payment by the Director of State Finance.
B. Monies in the fund shall be used to reimburse any claimant who has been awarded a judgment, subject to subsection C of this section, by a court of competent jurisdiction to have suffered monetary damages by an Oklahoma real estate licensee in any transaction for which a license is required under the Oklahoma Real Estate License Code because of an act constituting a violation of the Oklahoma Real Estate License Code.
C. In determining a claimant's eligibility to recover from the fund, the Commission may conduct an independent review of the merits, findings and damages involved in the underlying action and may conduct an evidentiary hearing to determine if a claim is eligible for recovery from the fund and the amount of damages awarded are due an act constituting a violation of the Oklahoma Real Estate License Code.
Added by Laws 1977, c. 182, § 6, eff. July 1, 1977. Amended by Laws 1992, c. 94, § 7, eff. July 1, 1992; Laws 1997, c. 105, § 1, eff. July 1, 1997; Laws 1998, c. 60, § 20, eff. Jan. 1, 1999; Laws 2005, c. 85, § 2, eff. Nov. 1, 2005.
§59-858-602. Additional fee - Disposition.
A. An additional, nonrefundable fee as promulgated by rule by the Commission shall be added to and payable with the license fee for both new licenses and renewals of licenses for each licensee as provided in Section 858-307.1 of this title. Such additional fee shall be deposited in the Oklahoma Real Estate Education and Recovery Fund.
B. If a license is issued for a period of less than thirty-six (36) months, such additional fee shall be prorated to the nearest dollar and month.
C. If a real estate sales associate or provisional sales associate shall qualify for a license as a real estate broker, the additional fee for the remainder of the term shall be prorated to the nearest dollar and month and credited to the additional fee added to and payable with the real estate broker license fee.
D. At the close of each fiscal year, the Commission shall transfer into the Oklahoma Real Estate Commission Revolving Fund any money in excess of that amount required to be retained in the Oklahoma Real Estate Education and Recovery Fund and that amount authorized to be expended as provided within this Code that is remaining in the Oklahoma Education and Recovery Fund and unexpended.
Added by Laws 1977, c. 182, § 7, eff. July 1, 1977. Amended by Laws 1980, c. 165, § 9, eff. July 1, 1981; Laws 1988, c. 324, § 2, operative July 1, 1988; Laws 1998, c. 60, § 21, eff. Jan. 1, 1999; Laws 2001, c. 235, § 6, eff. Aug. 1, 2001.
§59-858-603. Eligibility to recover from fund - Ineligibility.
A. Any claimant shall be eligible to seek recovery from the Oklahoma Real Estate Education and Recovery Fund if the following conditions have been met:
1. An action has been filed in district court based upon a violation specified in the Oklahoma Real Estate License Code;
2. The cause of action accrued not more than two (2) years prior to the filing of the action;
3. At the commencement of an action, the party filing the action shall immediately notify the Commission to this effect in writing and provide the Commission with a file-stamped copy of the petition or affidavit. Said Commission shall have the right to enter an appearance, intervene in, defend, or take any action it may deem appropriate to protect the integrity of the Fund. The Commission may waive the notification requirement if it determines that the public interest is best served by the waiver, that is to best meet the ends of justice and that the claimant making application made a good faith effort to comply with the notification requirements;
4. Final judgment is received by the claimant upon such action;
5. The final judgment is enforced as provided by statute for enforcement of judgments in other civil actions and that the amount realized was insufficient to satisfy the judgment; and
6. Any compensation recovered by the claimant from the judgment debtor, or from any other source for any monetary loss arising out of the cause of action, has been applied to the judgment awarded by the court.
B. A claimant shall not be qualified to make a claim for recovery from the Oklahoma Real Estate Education and Recovery Fund, if:
1. The claimant is the spouse of the judgment debtor or a personal representative of such spouse;
2. The claimant is a licensee who acted in their own behalf in the transaction which is the subject of the claim; or
3. The claimant's claim is based upon a real estate transaction in which the claimant is, through their own action, jointly responsible for any resulting monetary loss with respect to the property owned or controlled by the claimant.
Added by Laws 1977, c. 182, § 8, eff. July 1, 1977. Amended by Laws 1988, c. 324, § 4, operative July 1, 1988; Laws 1991, c. 43, § 11, eff. July 1, 1993; Laws 1998, c. 60, § 22, eff. Jan. 1, 1999; Laws 2005, c. 85, § 3, eff. Nov. 1, 2005.
§59-858-604. Application for payment - Amount - Assignment of rights, etc. - Insufficient funds - Revocation of licenses.
A. Any claimant who meets all of the conditions prescribed by this act may apply to the Commission for payment from the Oklahoma Real Estate Education and Recovery Fund, in an amount equal to the unsatisfied portion of the claimant's judgment, which is actual or compensatory damages, or Twenty-five Thousand Dollars ($25,000.00), whichever is less. The claimant is entitled to reimbursement for attorney fees reasonably incurred in the litigation not to exceed twenty-five percent (25%) of the claimant's amount approved by the Commission. Attorney fees charged and received shall be documented, verified, and submitted with the claim. Court costs and other expenses shall not be recoverable from the fund.
B. Upon receipt by the claimant of the payment from the Oklahoma Real Estate Education and Recovery Fund, the claimant assigns the claimant's right, title and interest in that portion of the judgment to the Commission which shall be subrogated up to the amount actually paid by the fund to the claimant or to the claimant and the claimant's attorney. Upon suit to collect upon a judgment, the claimant shall have priority over the fund. Any amount subsequently recovered on the judgment by the Commission, to the extent of the Commission's right, title and interest therein, shall be used to reimburse the Oklahoma Real Estate Education and Recovery Fund.
C. Payments for claims arising out of the same transaction which constitutes a claimant's cause of action based upon a violation of the Oklahoma Real Estate License Code shall be limited in the aggregate of Fifty Thousand Dollars ($50,000.00) irrespective of the number of claimants or parcels of real estate involved in the transaction.
D. Payments for claims based upon judgments against any one licensee shall not exceed in the aggregate Fifty Thousand Dollars ($50,000.00).
E. If at any time the monies in the Oklahoma Real Estate Education and Recovery Fund are insufficient to satisfy any valid claim, or portion thereof, the Commission shall satisfy such unpaid claim or portion thereof as soon as a sufficient amount of money has been deposited in the fund by collecting a special levy from members of the fund of an amount not to exceed Five Dollars ($5.00) each fiscal year. If the additional levy is not sufficient to pay all outstanding claims against the fund, the claims shall be paid as the money becomes available. Where there is more than one claim outstanding, the claims shall be paid in the order that they were approved.
F. Any claim against a corporation, association or partnership would be imputed to the managing broker(s) at the time the cause of action arose.
G. The license of said licensee shall be automatically revoked upon the payment of any amount from the Oklahoma Real Estate Education and Recovery Fund on a judgment against a licensee. The license shall not be considered for reinstatement until the licensee has repaid in full, plus interest at the rate of seven percent (7%) a year, the amount paid from the Oklahoma Real Estate Education and Recovery Fund on the judgment against the licensee.
Added by Laws 1977, c. 182, § 9, eff. July 1, 1977. Amended by Laws 1988, c. 324, § 5, operative July 1, 1988; Laws 1991, c. 43, § 12, eff. July 1, 1993; Laws 1997, c. 105, § 2, eff. July 1, 1997; Laws 1998, c. 60, § 23, eff. Jan. 1, 1999; Laws 2005, c. 85, § 4, eff. Nov. 1, 2005.
§59858605. Expenditure of funds.
At any time when the total amount of monies deposited in the Oklahoma Real Estate Education and Recovery Fund exceeds Two Hundred Fifty Thousand Dollars ($250,000.00), the Commission in its discretion may expend such excess funds each fiscal year for the following purposes:
1. To promote the advancement of education in the field of real estate for the benefit of the general public and those licensed under the Oklahoma Real Estate License Code, but such promotion shall not be construed to allow advertising of this profession;
2. To underwrite educational seminars and other forms of educational projects for the benefit of real estate licensees;
3. To establish real estate courses at institutions of higher learning located in the state and accredited by the State Regents for Higher Education for the purpose of making such courses available to licensees and the general public; and
4. To contract for a particular educational project in the field of real estate to further the purposes of the Oklahoma Real Estate License Code.
Amended by Laws 1983, c. 289, § 3, emerg. eff. June 24, 1983; Laws 1988, c. 324, § 6, operative July 1, 1988.
§59-858-621. Short title.
This act shall be known and may be cited as the "Home Inspection Licensing Act".
Added by Laws 2001, c. 423, § 1, eff. Nov. 1, 2001.
§59-858-622. Definitions.
As used in the Home Inspection Licensing Act:
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Committee" means the Committee of Home Inspector Examiners;
4. "Department" means the State Department of Health;
5. "Home inspection" means a visual examination of any or all of the readily accessible physical real property and improvements to real property consisting of four or fewer dwelling units, including structural, lot drainage, roof, electrical, plumbing, heating and air conditioning and such other areas of concern as are specified in writing to determine if performance is as intended;
6. "Home inspection report" means a written opinion of the functional and physical condition of property written by the licensed home inspector pursuant to home inspection; and
7. "Home inspector" means an individual licensed pursuant to the Home Inspection Licensing Act who, for compensation, conducts home inspections.
Added by Laws 2001, c. 423, § 2, eff. Nov. 1, 2001.
§59-858-623. Exemptions.
A. On and after July 1, 2003, it shall be unlawful for an individual to conduct, for compensation, a home inspection or to advertise or otherwise hold themselves out to be in the business of home inspection in this state unless licensed pursuant to the Home Inspection Licensing Act.
B. The Home Inspection Licensing Act shall not apply to:
1. Individuals inspecting new residential construction;
2. Architects;
3. Engineers;
4. Individuals holding other occupational licenses who only do home inspections within the occupational confines of that license;
5. Government employees who perform inspections when acting within the scope of their employment; or
6. Persons regulated by the State Board of Agriculture who issue wood infestation reports as defined in Section 3-81 of Title 2 of the Oklahoma Statutes.
C. Any single-item inspection requested by a client, whether or not the item to be inspected is specifically included or excluded in the definition of home inspection pursuant to Section 858-622 of this title, may be performed by a professional craftsman whose expertise is in the specific area or by persons qualified by education or training to conduct that specific inspection. If a single-item that has been requested for inspection is an area of expertise that is licensed by the state, then that person conducting the inspection shall be licensed in respect to that particular area.
Added by Laws 2001, c. 423, § 3, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 1, emerg. eff. June 5, 2002; Laws 2004, c. 241, § 1, eff. Nov. 1, 2004.
§59-858-624. Committee of Home Inspector Examiners.
A. There is hereby created, to continue until July 1, 2007, in accordance with the provisions of the Oklahoma Sunset Law, the Committee of Home Inspector Examiners, which shall consist of seven (7) members who have been residents of this state for at least three (3) years prior to their appointment. Each member shall be appointed by the Governor with the advice and consent of the Senate. Appointments shall be made so that not more than two members shall, at the time an appointment is made, be residents of the same congressional district; provided, no member shall be removed from office due solely to a reduction in the number of congressional districts.
B. Of the seven members:
1. Four of the initial appointees shall hold memberships in a state or national housing inspection association or foundation. After expiration of the terms of the initial appointees, four members shall be licensed home inspectors who are active full time in the practice of making home inspections, two or more of whom shall hold membership in an association that certifies home inspectors in this state;
2. One shall be a licensed real estate broker who is active full time in the real estate brokerage business;
3. One shall be a licensed real estate appraiser who is active full time in the real estate appraisal business; and
4. One shall be a lay person who is not involved in the property business, including, but not limited to, the leasing of commercial or residential property, and is not in the real estate business or home inspection business.
C. Initially, three members shall be appointed for a term to expire June 30, 2003; two members shall be appointed for a term to expire June 30, 2004; and two members shall be appointed for a term to expire June 30, 2005. Thereafter, all terms shall be three-year terms ending June 30.
D. Members shall serve until their successors are appointed and qualified. Vacancies shall be filled for the balance of an unexpired term by appointment of the Governor. Members may be removed by the Governor for good cause.
E. The first meeting of the Committee shall be called by the State Commissioner of Health for election of a chair and vice-chair. Thereafter members shall elect officers annually. The chair, or in the absence of the chair, the vice-chair, shall preside at all meetings of the Committee and shall perform such duties as the Committee shall prescribe. The Committee shall meet at least semiannually, and special meetings may be called by the Commissioner or the designee of the Commissioner. Four members shall constitute a quorum.
F. Members shall serve without compensation but shall be reimbursed from funds available to the State Department of Health in accordance with the State Travel Reimbursement Act.
G. Personnel and administrative support necessary for the Committee to exercise its powers and accomplish its duties shall be provided by the Department.
Added by Laws 2001, c. 423, § 4, eff. Nov. 1, 2001.
§59-858-625. Fees.
Fees for the Home Inspection Licensing Act shall not exceed the following:
Approval fees for schools, instructors and home inspection organizations $100.00
Approval fees for educational course content $50.00
Application for license $30.00
Licensure for reciprocity $50.00
Examination fee $200.00
License fee $250.00
License renewal $150.00
License reactivation $50.00
Added by Laws 2001, c. 423, § 5, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 2, emerg. eff. June 5, 2002.
§59-858-626. Home Inspection Licensing Act Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Home Inspection Licensing Act Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department pursuant to the Home Inspection Licensing Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of implementing and enforcing the Home Inspection Licensing Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 2001, c. 423, § 6, eff. Nov. 1, 2001.
§59-858-627. Rule promulgation - Disciplinary measures - Injunctive relief and restraining orders.
A. The Committee of Home Inspector Examiners shall advise the State Board of Health in promulgating rules consistent with the purposes of the Home Inspection Licensing Act.
B. The State Board of Health shall promulgate rules including, but not limited to:
1. Qualifications and examinations for licensure of home inspectors;
2. License renewal requirements;
3. Reinstatement of license after suspension or revocation of license or failure to meet license renewal requirements;
4. Continuing education;
5. Standards of practice and prohibited acts;
6. Approval of schools, educational course content, instructors, and organizations offering courses of study for home inspection, and standards required for instructors, schools, and organizations to remain approved;
7. Standards required for schools, instructors, and organizations to remain approved;
8. Approval fees;
9. Reciprocity agreements whereby home inspectors licensed in other states with equal or greater licensure requirements may be licensed in this state, and fee for licensing by reciprocity; and
10. Investigative procedures.
C. Upon showing of good cause as provided for in the Home Inspection Licensing Act, the Department shall discipline licensees, approved instructors, approved schools, and educational organizations by:
1. Issuing reprimands;
2. Requiring probation for a specified period of time;
3. Requiring education in addition to the educational requirements provided for licensure or continuing education;
4. Suspending licenses or approvals;
5. Rescinding or revoking licenses or approvals;
6. Imposing administrative fines as provided for by the Home Inspection Licensing Act;
7. Any combination of disciplinary measures as provided by paragraphs 1 through 6 of this subsection; and
8. Upon showing of good cause, may modify any disciplinary action imposed pursuant to the provisions of the Home Inspection Licensing Act.
D. The Committee may advise the Department to seek injunctive relief and restraining orders for violations of the Home Inspection Licensing Act or the rules promulgated pursuant thereto to cause the prosecution of any person who violates any of the provisions of the Home Inspection Licensing Act or the rules promulgated pursuant thereto.
E. In the exercise of all powers and the performance of all duties provided in the Home Inspection Licensing Act, the Committee and the Department shall comply with the Administrative Procedures Act, the Oklahoma Open Meeting Act, and the Oklahoma Open Records Act.
Added by Laws 2001, c. 423, § 7, eff. Nov. 1, 2001.
§59-858-628. Home inspection instruction.
A. The Committee of Home Inspector Examiners shall not approve any school of home inspection instruction until it has received and examined the curriculum, syllabi or program of instruction of the school or organization conducting or offering the instruction.
B. Nothing in the Home Inspection Licensing Act shall be construed as relieving a school of home inspection from responsibility for compliance pursuant to law with the requirements of any other agency.
Added by Laws 2001, c. 423, § 8, eff. Nov. 1, 2001.
§59-858-629. Home inspector examination - Application and qualifications - Licensure with or without exam.
A. Any individual of good moral character eighteen (18) years of age or older who has successfully completed fifty (50) clock hours of home inspection training or its equivalent as determined by the Committee of Home Inspector Examiners may apply to take a home inspector examination. Application shall be made on forms prescribed by the State Department of Health, shall contain information as required by the State Board of Health upon advisement of the Committee, and shall be accompanied by evidence of successful completion of the required training. Examinations may be held in vocational and technical schools or in other locations as determined by rule.
B. If, from the application filed, answers to inquiries, complaints, or information received, or investigation, it appears to the Department that the applicant is not qualified, the Committee shall deny approval of the application and shall give notice of that fact to the applicant.
C. Upon approval of the application and the payment of the applicant of an examination fee, the applicant shall be scheduled to appear in person for an examination on the subjects prescribed by the Committee.
D. If the Department determines that the applicant has successfully passed the examination or an equivalent examination as determined by the Committee, the Department shall, upon the payment of the license fee and submission of other documents as required by the Home Inspection Licensing Act or rules promulgated pursuant to the Home Inspection Licensing Act, issue to the applicant a license which shall authorize the applicant to perform home inspections.
E. The Department shall license without examination any person who can demonstrate to the Committee that the person was actively engaged in home inspection work on November 1, 2001, and had been actively engaged in such work for at least six (6) months or any person who can demonstrate that, prior to November 1, 2001, the person successfully completed a home inspection course offered or sanctioned by a home inspection foundation or a home inspection association. Demonstration that the person has actively engaged in home inspections prior to November 1, 2001, must include copies of invoices for work done in the field for the six (6) months prior to November 1, 2001, as well as at least three satisfactory references from three customers served during the twelve (12) months prior to November 1, 2001.
Added by Laws 2001, c. 423, § 9, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 3, emerg. eff. June 5, 2002.
§59-858-630. Documentation and fees - Issuance, renewal and reactivation of license - Insurance.
To be licensed as a home inspector, or to renew or reactivate a license, an applicant shall submit to the Department such documents and fees as are required by the Home Inspection Licensing Act or the rules promulgated pursuant thereto and shall provide evidence of having secured a certificate of general liability insurance in the amount required by rule. The amount of the certificate of general liability insurance required shall not be less than Fifty Thousand Dollars ($50,000.00).
Added by Laws 2001, c. 423, § 10, eff. Nov. 1, 2001.
§59-858-631. License term - Continuing education requirement - Inactive status.
A. The license term for a home inspector shall be one (1) year. The license shall expire twelve (12) months from the date of issuance. The license fee and each renewal or reactivation thereafter shall be payable in advance, which shall not be refundable.
B. As a condition of license renewal or reactivation, each home inspector shall submit to the Department evidence of having attended five (5) clock hours of continuing education within the twelve (12) months immediately preceding the term for which the license is to be issued. Except as otherwise provided for in this section, the Department shall not issue a renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.
C. Any licensee who fails to renew before the license expiration date shall be required to submit to such additional requirements or penalties, or both, as the Board may require pursuant to rule.
D. The Department may place the license of a home inspector on inactive status when the licensee gives sufficient reason; however, such status shall not relieve the licensee from paying the required fees. Continuing education shall not be required during the period a license is on inactive status. Prior to the license being placed on an active status, the licensee shall be required to complete the five-hour continuing education requirement. If the holder of the inactive license has been in the military service during the entire time of inactive license status, only five (5) clock hours of continuing education and the license fee shall be required for the reactivation of the license.
Added by Laws 2001, c. 423, § 11, eff. Nov. 1, 2001.
§59-858-632. Criminal actions - Injunctions or restraining orders.
A. In addition to any other penalties provided by law, any individual unlicensed pursuant to the Home Inspection Licensing Act who shall willfully and knowingly violate any provision of the Home Inspection Licensing Act shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
B. In addition to any civil or criminal actions authorized by law, the Attorney General, or a district attorney may apply to the district court in the county in which a violation of the Home Inspection Licensing Act has allegedly occurred for an order enjoining or restraining the unlicensed individual from continuing the acts specified in the complaint. The court may grant any temporary or permanent injunction or restraining order, without bond, as it deems just and proper.
Added by Laws 2001, c. 423, § 12, eff. Nov. 1, 2001.
§59-858-633. Investigations and hearings - Good cause.
A. The Committee of Home Inspector Examiners may, upon its own motion, and shall, upon written complaint filed by any person, direct the Department to investigate the business activities of any home inspector. The Committee may contract for an administrative judge for any hearing which may, upon a showing of good cause, impose disciplinary actions as provided in the Home Inspection Licensing Act.
B. Good cause shall be established upon showing that any licensee has performed, is performing, has attempted to perform, or is attempting to perform any of the following acts:
1. Making a materially false or fraudulent statement in an application for license or for approval of continuing education;
2. Having been convicted in a court of competent jurisdiction of forgery, fraud, conspiracy to defraud, or any similar offense, or pleading guilty or nolo contendere to any such offense;
3. Falsifying or failing to disclose in a home inspection report a material defect;
4. Failing to perform a home inspection report in accordance with the Home Inspection Licensing Act or the rules promulgated pursuant thereto;
5. Compensating any person for performing the services of a home inspector or lending a license to any person who has not first secured a license as a home inspector pursuant to the Home Inspection Licensing Act;
6. Accepting inspection assignments when the employment itself is contingent upon reporting a predetermined estimate, analysis or opinion;
7. Accepting inspection assignments when the fee to be paid is contingent upon the opinion, the conclusion, analysis, or report reached, or upon the consequences resulting from such assignments;
8. Performing repair or maintenance work, or receiving compensation either directly or indirectly from a company regularly engaged in home repair work, on a property having four or fewer dwelling units that the home inspector inspected within one (1) year from the date of the inspection;
9. Accepting compensation from more than one client for a single home inspection, unless the home inspector has informed all clients who are paying a fee for that home inspection that such compensation is sought or anticipated;
10. Except as provided in paragraph 14 of this subsection, disclosing the results of a home inspection to any person other than the client without the written consent of the client;
11. Failing to disclose to the client any conflict of interest of which the inspector knows or should have known that may adversely affect the client;
12. Failing to submit a written home inspection report within a reasonable time as determined by the Board to the client after compensation has been paid to the home inspector;
13. Paying any fees or other amounts due pursuant to the Home Inspection Licensing Act or the rules promulgated pursuant thereto with a check that is dishonored upon presentation to the financial institution on which it is drawn;
14. Failing, upon demand in writing by the Department, a law enforcement agency, or a court of law, to disclose any information within the knowledge of the licensee or to produce any document in possession of a licensee or under control of a licensee that relates to a home inspection; or
15. Disregarding or violating any provision of the Home Inspection Licensing Act or rule promulgated pursuant to the Home Inspection Licensing Act.
Added by Laws 2001, c. 423, § 13, eff. Nov. 1, 2001.
§59-858-634. Administrative fines.
A. The Committee may impose administrative fines on any licensee licensed pursuant to the Home Inspection Licensing Act. Fines may be imposed as follows:
1. Any administrative fine imposed as a result of a violation of the Home Inspection Licensing Act or rules promulgated pursuant thereto shall not:
a. be less than Two Hundred Dollars ($200.00) and shall not exceed Two Thousand Dollars ($2,000.00) for each violation, or
b. exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single inspection;
2. All administrative fines shall be paid within thirty (30) days of written notification to the licensee of the order imposing the administrative fine or, if the licensee appeals the fine, within thirty (30) days of the decision of the Department in favor of the action of the Department unless the district court stays the order of the Department pending an appeal pursuant to the Administrative Procedures Act;
3. The Department may suspend the license until any fine imposed upon the licensee is paid; and
4. If fines are not paid in full by the licensee as required by this subsection, the Department shall revoke the license.
B. The administrative fines authorized by this section may be imposed in addition to any other criminal penalties or civil actions provided for by law.
Added by Laws 2001, c. 423, § 14, eff. Nov. 1, 2001.
§59-858-700. Short title.
This act shall be known and may be cited as the "Oklahoma Certified Real Estate Appraisers Act".
Added by Laws 1990, c. 327, § 1, emerg. eff. May 31, 1990.
§59-858-701. Legislative intent - Purpose of act.
It is the intent of the Legislature to develop a real estate appraiser certification process which meets the federal guidelines set forth in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. The purpose of the Oklahoma Certified Real Estate Appraisers Act is to provide appraisers within the state a process for certification which will allow them to participate in a federally related transaction and real estate-related financial transactions of the agencies, instrumentalities and federally recognized entities as defined and recognized in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. It is not the intent of this legislation to prevent any person who is currently conducting business as an appraiser from continuing such action unless such action involves a federally related transaction or a real estate-related financial transaction as defined in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Added by Laws 1990, c. 327, § 2, emerg. eff. May 31, 1990. Amended by Laws 1996, c. 318, § 6, eff. July 1, 1996.
§59-858-702. Application of act.
A. This act shall only apply to:
1. Any appraisal or appraiser involving the following:
a. a federally related transaction,
b. real estate-related financial transactions of the agencies, instrumentalities, and federally recognized entities covered by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and
c. any real estate-related transactions where an appraisal report was made under a written agreement that the appraisal report would follow the Uniform Standards of Professional Appraisal Practice guidelines or where a written appraisal states that it is in compliance with the Uniform Standards of Professional Appraisal Practice; and
2. Appraisers certified or licensed pursuant to the Oklahoma Certified Real Estate Appraisers Act to the extent that the appraisers and any real property valuation performed by them shall conform to the code of ethics as set forth in this act.
B. Certified public accountants, licensed in the states or other U.S. jurisdictions, who perform appraisals of real estate incidental to the performance of professional services they provide to clients are excluded from the licensing and certification provisions of the Oklahoma Certified Real Estate Appraisers Act unless the appraisal is a federally related transaction or a real estate-related financial transaction of the agencies, instrumentalities and federally recognized entities covered by the Financial Institutions, Reform, Recovery and Enforcement Act of 1989.
Added by Laws 1990, c. 327, § 3, emerg. eff. May 31, 1990. Amended by Laws 1996, c. 318, § 7, eff. July 1, 1996.
§59-858-703. Definitions.
As used in the Oklahoma Certified Real Estate Appraisers Act:
1. "Appraisal" or "real estate appraisal" means an analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate other than oil, gas, coal, water, and all other energy and nonfuel mineral and elements or the value of underground space to be used for storage of commodities or for the disposal of waste unless they are appraised as part of a federally related transaction covered by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. An appraisal may be classified by subject matter into either a valuation or an analysis. A "valuation" is an estimate of the value of real estate or real property. An "analysis" is a study of real estate or real property other than estimating value;
2. "Appraisal report" means any written communication of an appraisal;
3. "Appraisal Subcommittee" means the subcommittee created by Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989;
4. "Appraiser Qualifications Board" (AQB) means the independent board appointed by the Board of Trustees of the Appraisal Foundation. The AQB establishes educational, experience, and examination criteria for appraisers. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 requires that state certified appraisers must meet the minimum qualifications set by the AQB;
5. "Board" means the Real Estate Appraisal Board established pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act;
6. "Certification" shall refer to either a trainee appraiser, a state licensed appraiser, a state certified residential appraiser or a state certified general appraiser;
7. "Certified appraisal or certified appraisal report" means an appraisal or appraisal report given or signed and certified as such by a trainee appraiser, a state licensed, state certified residential or state certified general real estate appraiser. When identifying an appraisal or appraisal report as "certified", the trainee, state licensed, state certified residential or state certified general real estate appraiser must indicate which type of certification is held. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in the Oklahoma Certified Real Estate Appraisers Act;
8. "Chairperson" means the chairperson of the Real Estate Appraisal Board;
9. "Department" means the Oklahoma Insurance Department;
10. "Real estate" means an identified parcel or tract of land, including improvements, if any;
11. "Real property" means one or more defined interests, benefits, and rights inherent in the ownership of real estate;
12. "Trainee, state licensed, state certified residential or state certified general real estate appraiser" means a person who develops and communicates real estate appraisals and who holds a current, valid certificate issued to such person for either general or residential real estate pursuant to provisions of the Oklahoma Certified Real Estate Appraisers Act;
13. "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate; and
14. "Specialized services" means those appraisal services which do not fall within the definition of appraisal assignment. The term "specialized services" may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion or conclusion, the work is classified as an appraisal assignment and not "specialized services".
Added by Laws 1990, c. 327, § 4, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 1, eff. Sept. 1, 1991; Laws 1992, c. 132, § 1, eff. Sept. 1, 1992; Laws 1994, c. 144, § 1, eff. Sept. 1, 1994; Laws 2001, c. 280, § 1, eff. July 1, 2001.
§59-858-704. Use of term "state certified".
A. No person, other than a trainee, state licensed, state certified residential or state certified general real estate appraiser, shall assume or use that title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser by this state. A person who is not certified pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act shall not describe or refer to any appraisal or other evaluation of real estate located in this state by using the term "state certified".
B. This act is hereby deemed to be voluntary on the part of those who apply to become trainee, state licensed, state certified residential or state certified general real estate appraisers. Users of appraisals may determine, by their own discretion or by guidelines, whether or not to use a trainee, state licensed, state certified residential or state certified general real estate appraiser.
Added by Laws 1990, c. 327, § 5, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 2, eff. Sept. 1, 1991; Laws 1992, c. 132, § 2, eff. Sept. 1, 1992; Laws 2001, c. 280, § 2, eff. July 1, 2001.
§59-858-705. Real Estate Appraiser Board - Members - Appointment - Qualifications - Terms - Removal - Meetings - Chairperson - Quorum.
A. There is hereby established as an adjunct to the Department an independent Real Estate Appraiser Board which shall consist of seven (7) regular members and one ex officio member. The ex officio member shall be the Insurance Commissioner. The seven regular members shall be as follows: one from the commercial banking industry; one of whom shall be a layperson; one of whom shall be in the real estate sales industry; and four of whom shall be real estate appraisers with no nationally recognized real estate appraisal organization having more than two members on the Board.
B. The Governor shall appoint the members of the Real Estate Appraiser Board.
C. Each real estate appraiser member of the Board appointed after July 1, 1991, or within twentyfour (24) months of the effective date of this act, whichever occurs first, must be a state licensed, state certified residential or state certified general real estate appraiser.
D. The term of each member shall be five (5) years; except that of the members first appointed, two shall serve for one (1) year, two shall serve for two (2) years, one shall serve for three (3) years, one shall serve for four (4) years, and one shall serve for five (5) years.
E. Members of the Board shall hold office until the appointment and qualification of their successors. No person shall serve as a member of the Board for more than two consecutive terms. The Governor may remove a member for inefficiency, neglect of duty, or malfeasance in office. The member shall be given notice and an opportunity to be heard prior to removal.
F. The Board shall meet at least once each calendar quarter to conduct its business. Written notice shall be given to each member of the time and place of each meeting of the Board at least ten (10) days before the scheduled date of the meetings.
G. The members of the Board shall elect a vice-chairperson from among the members to preside at Board meetings when the chairperson is absent.
H. A quorum of the Board shall be five members.
Added by Laws 1990, c. 327, § 6, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 3, eff. Sept. 1, 1991; Laws 1992, c. 132, § 3, eff. Sept. 1, 1992; Laws 1996, c. 318, § 8, eff. July 1, 1996; Laws 2001, c. 280, § 3, eff. July 1, 2001.
§59-858-705.1. Board - Ex-officio Chairperson - Duties.
A. In addition to the seven (7) appointed members of the Board, the Insurance Commissioner shall serve as ex-officio Chairperson of the Board, voting only in case of a tie.
B. As Chairperson, the Insurance Commissioner, in addition to his duties prescribed by law as Insurance Commissioner on the effective date of this act, shall be required to perform the following duties, for which duties he shall be paid an additional Twelve Thousand Dollars ($12,000.00) annually, payable monthly from appropriations made to the Insurance Department:
1. Keep records of the proceedings of the Board;
2. Call special meetings of the Board when in the judgment of the chairperson it is necessary or proper to do so;
3. Procure appropriate examination questions and answers which shall meet criteria established by the Appraisal Subcommittee and approved by the Board;
4. Develop guidelines for administration of and grading of the examinations in accordance with standards promulgated by the Appraisal Subcommittee and approved by the Board;
5. Prepare and file a annual report with the Speaker of the House, the President Pro Tempore of the Senate, and the Governor detailing the number of applicants for the examination and the pass/fail rate;
6. Formulate a study to evaluate the number of appraisers licensed or certified by the state on a countywide basis and report to the Speaker of the House, the President Pro Tempore of the Senate, and the Governor concerning whether there is a shortage of qualified appraisers in the state;
7. Establish and maintain a recordkeeping system approved by the Board to monitor compliance with the continuing education requirements imposed by law;
8. Make recommendations to the Board concerning the establishment of administrative procedures for conducting disciplinary proceedings pursuant to the provisions of this act;
9. Develop a procedure approved by the Board whereby persons aggrieved by the actions of a licensed or certified appraiser may file complaints with the Board;
10. Annually compile and file a report with the Speaker of the House, President Pro Tempore of the Senate, and the Governor detailing the number of complaints received by the Board, the resulting number of investigations and hearings conducted and the final disposition of these matters;
11. Prepare and file a report with the Speaker of the House, the President Pro Tempore of the Senate, and the Governor evaluating the impact of the voluntary licensure/certification program on future appraisers and recommend whether an appraiser trainee or apprenticeship program should be instituted; and
12. Submit to the Speaker of the House, the President Pro Tempore of the Senate, and the Governor on or before January 1, 1994, a report evaluating the impact of the licensure/certification requirements imposed by this act on the appraiser and banking industry and include in the report any recommendations for amendments to the Oklahoma Certified Real Estate Appraisers Act.
Added by Laws 1991, c. 271, § 4, eff. Sept. 1, 1991.
§59-858-706. Powers and duties of Board.
A. The Board shall promulgate rules and regulations to implement the provisions of the Oklahoma Certified Real Estate Appraisers Act.
B. The Board shall have the following powers and duties:
1. To further define by regulation and with respect to each category of Oklahoma certified real estate appraisers the type of educational experience, appraisal experience, and equivalent experience that will meet the requirements of the Oklahoma Certified Real Estate Appraisers Act, as approved by the Appraisal Subcommittee;
2. To establish the examination specifications for each category of Oklahoma certified real estate appraiser;
3. To approve or disapprove applications for certification and issue certificates;
4. To further define by regulation and with respect to each category of Oklahoma certified real estate appraiser, the continuing education requirements for the renewal of certification that will meet the requirements of the Oklahoma Certified Real Estate Appraisers Act as approved by the Appraisal Subcommittee;
5. To review from time to time the standards for the development and communication of real estate appraisals provided in the Oklahoma Certified Real Estate Appraisers Act and to adopt regulations explaining and interpreting the standards;
6. To establish administrative procedures for disciplinary proceedings conducted pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act;
7. To censure, suspend and revoke certificates pursuant to the disciplinary proceedings provided in the Oklahoma Certified Real Estate Appraisers Act; and
8. To perform such other functions and duties as may be necessary in carrying out the provisions of the Oklahoma Certified Real Estate Appraisers Act.
In the exercise of all powers and the performance of all duties provided in this act, the Board shall comply with the procedures provided in the Administrative Procedures Act.
C. Actions of the Board shall not be subject to review by the Department.
D. The members of the Board shall not be held civilly liable for any action taken in good faith by the Board in its official capacity pursuant to law unless such action is arbitrary and capricious.
Added by Laws 1990, c. 327, § 7, emerg. eff. May 31, 1990; Laws 1991, c. 271, § 5, eff. Sept. 1, 1991.
§59-858-707. Powers and duties of Insurance Department.
The Insurance Department shall have the following powers and duties:
1. To receive application for Oklahoma certification;
2. To establish the administrative procedures for processing applications for Oklahoma certification;
3. To maintain a registry of the names and addresses of people certified pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act and transmit such registry to the Appraisal Subcommittee;
4. To retain records and all application materials submitted to it; and
5. To assist the Board in such other manner as may be requested.
Added by Laws 1990, c. 327, § 8, emerg. eff. May 31, 1990.
§59-858-708. Fees.
A. The Insurance Department shall charge and collect fees not to exceed the following:
1. Trainee Appraiser Certificate
(annually) $150.00
2. State Licensed Appraiser
Certificate (annually) $150.00
3. State Certified General Appraiser
Certificate (annually) $150.00
4. State Certified Residential Appraiser
Certificate (annually) $150.00
5. Trainee and State Licensed
Appraiser Examination $150.00
6. State Certified General Appraiser Examination $150.00
7. State Certified Residential Appraiser
Examination $150.00
8. Reexamination Fee $150.00
9. Late Fee $50.00
10. Reinstatement Fee $50.00
11. Duplicate for Lost or Destroyed Certificate $5.00
12. Temporary Practice Fee Per Appraisal $50.00
B. The Insurance Department shall charge and collect a Federal Registry Fee of Twenty-five Dollars ($25.00) for all state licensed, state certified residential, and state certified general appraisers. Said fee shall be transmitted to the Federal Financial Institutions Examination Council.
Added by Laws 1990, c. 327, § 9, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 6, eff. Sept. 1, 1991; Laws 1992, c. 132, § 4, eff. Sept. 1, 1992; Laws 1994, c. 144, § 2, eff. Sept. 1, 1994; Laws 1996, c. 318, § 9, eff. July 1, 1996; Laws 2001, c. 280, § 4, eff. July 1, 2001.
§59-858-709. Applications for certification, renewal and examination - Fees - Pledge of compliance with Board standards - Temporary appraisers - Consent to suits and actions.
A. Applications for original certification, renewal certification and examinations shall be made in writing to the Department on forms approved by the Board.
B. Appropriate fees, as fixed by the Department pursuant to Section 858-708 of this title, must accompany all applications for original certification, renewal certification and examination.
C. At the time of filing an application for certification, each applicant shall sign a pledge to comply with the standards set forth in the Oklahoma Certified Real Estate Appraisers Act, and state that such applicant understands the types of misconduct for which disciplinary proceedings may be initiated against an Oklahoma certified real estate appraiser, as set forth in the Oklahoma Certified Real Estate Appraisers Act.
D. In accordance with Section 3351 of Title 12 of the United States Code, the Board shall recognize, on a temporary basis, the certification or license of an appraiser issued by another state if:
1. The property to be appraised is part of a federally related transaction, as defined in the federal real estate appraisal reform amendments;
2. The appraiser's business is of a temporary nature and certified by the appraiser;
3. The appraiser registers the temporary practice with the Board and pays fees as provided herein; and
4. The appraiser resides in or is working out of a state that is also in compliance with Section 3351 of Title 12 of the United States Code, that recognizes, on a temporary basis, the certification or license of an Oklahoma appraiser in their state; or
5. As otherwise approved by the Board.
E. The applicant or any person registering with the Board for temporary practice shall file an irrevocable consent that suits and actions may be commenced against such person:
1. In the proper court of any county of this state in which a cause of action may arise due to the person's actions as a state licensed or certified real estate appraiser; or
2. In the county in which the plaintiff may reside.
The consent also shall stipulate and agree that service of process or pleadings on the person shall be made by service upon the Board as the person's agent and held in all courts to be as valid and binding as if personal service had been made upon the applicant in Oklahoma. In case any processes or pleading mentioned in the case is served upon the Board, it shall be by duplicate copies, one of which shall be filed with the Board administrator and the other immediately forwarded by registered mail to the nonresident state licensed or certified real estate appraiser to whom the processes or pleadings are directed.
Added by Laws 1990, c. 327, § 10, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 7, eff. Sept. 1, 1991; Laws 1994, c. 144, § 3, eff. Sept. 1, 1994.
§59-858-710. Classifications of certification.
A. There shall be four classes for Oklahoma certified real estate appraisers:
1. State Licensed Appraiser as defined by Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989;
2. State Certified Residential Appraiser as defined by Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989;
3. State Certified General Appraiser as defined by Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989; and
4. Trainee Appraiser.
B. The application for original certification, renewal certification and examination shall specify the classification of certification being applied for and previously granted.
Added by Laws 1990, c. 327, § 11, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 8, eff. Sept. 1, 1991; Laws 1992, c. 132, § 5, eff. Sept. 1, 1992; Laws 1994, c. 144, § 4, eff. Sept. 1, 1994; Laws 2001, c. 280, § 5, eff. July 1, 2001.
§59-858-711. Areas of knowledge required for original certification.
A. An original certification as a trainee, state licensed, state certified residential or state certified general real estate appraiser shall not be issued to any person who has not made application with the Board within ninety (90) days of having demonstrated through a written examination process that such person possesses the following:
1. Appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing, and economic concepts applicable to real estate;
2. Understanding of the principles of land economics, real estate appraisal processes, and of problems likely to be encountered in gathering, interpreting, and processing of data in carrying out appraisal disciplines;
3. Understanding of the standards for the development and communication of real estate appraisals as provided in the Oklahoma Certified Real Estate Appraisers Act;
4. Knowledge of theories of depreciation, cost estimating, methods of capitalization, and the mathematics of real estate appraisal that are appropriate for the classification of certificate applied for;
5. Knowledge of other principles and procedures as may be appropriate for the respective classifications;
6. Basic understanding of real estate law; and
7. Understanding of the types of misconduct for which disciplinary proceedings may be initiated against a trainee, state licensed, state certified residential or state certified general real estate appraiser, as set forth in the Oklahoma Certified Real Estate Appraisers Act.
B. As long as the Board contracts with a private testing firm in the administration of the written examination process, the Board shall not require passing test scores which deviate from the recommendations of such private testing firm.
Added by Laws 1990, c. 327, § 12, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 9, eff. Sept. 1, 1991; Laws 1992, c. 132, § 6, eff. Sept. 1, 1992; Laws 2001, c. 280, § 6, eff. July 1, 2001.
§59-858-712. Examination for certification - Prerequisites.
A. State Certified General Appraiser As a prerequisite to taking the examination for certification as a State Certified General Appraiser, an applicant shall present satisfactory evidence to the Board that such applicant has successfully completed the minimum requirement of classroom hours promulgated by the Appraiser Qualifications Board of the Appraisal Foundation of courses in subjects related to real estate appraisal from a nationally recognized appraisal organization or college or university or technology center school or private school approved by the Board and such classes shall be made available on a regional basis throughout the State of Oklahoma prior to the required examination date which must include classroom hours related to standards of professional practice.
B. State Certified Residential Appraiser - As a prerequisite to taking the examination for certification as a State Certified Residential Appraiser, an applicant shall present satisfactory evidence to the Board that such applicant has successfully completed the minimum requirement of classroom hours promulgated by the Appraiser Qualifications Board of the Appraisal Foundation of courses in subjects related to real estate appraisal from a nationally recognized appraisal organization or college or university or technology center school or private school approved by the Board and such classes shall be made available on a regional basis throughout this state prior to the required examination date which must include classroom hours related to standards of professional practice.
C. State Licensed Appraiser As a prerequisite to taking the examination for certification as a State Licensed Appraiser, an applicant shall present satisfactory evidence to the Board that such applicant has successfully completed the minimum requirement of classroom hours promulgated by the Appraiser Qualifications Board of the Appraisal Foundation of courses in subjects related to real estate appraisal from a nationally recognized appraisal organization or a college or university or technology center school or private school approved by the Board and such classes shall be made available on a regional basis throughout the State of Oklahoma prior to the required examination date which must include classroom hours related to standards of professional practice. Provided, that any appraiser who becomes state licensed prior to July 1, 2001, shall not be required to complete any additional classroom hours necessary to meet the minimum requirements of the Appraiser Qualifications Board in order to maintain certification as a state licensed appraiser.
D. Trainee Appraiser - As a prerequisite to taking the examination for certification as a Trainee Appraiser, an applicant shall present satisfactory evidence to the Board that such applicant has successfully completed not less than seventy-five (75) classroom hours of courses in subjects related to real estate appraisal from a nationally recognized appraisal organization or a college or university or area technology center school or private school approved by the Board and such classes shall be made available on a regional basis throughout the State of Oklahoma prior to the required examination date with the cost of the classes being established by the Board which must include classroom hours related to standards of professional practice.
Added by Laws 1990, c. 327, § 13, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 10, eff. Sept. 1, 1991; Laws 1992, c. 132, § 7, eff. Sept. 1, 1992; Laws 1994, c. 144, § 5, eff. Sept. 1, 1994; Laws 2001, c. 33, § 49, eff. July 1, 2001; Laws 2001, c. 280, § 7, eff. July 1, 2001.
§59-858-713. Experience required for certification.
A. An original certification as a state certified general or a state certified residential or state licensed appraiser shall not be issued to any person who does not possess the equivalent of the minimum requirements of experience promulgated by the Appraisal Qualifications Board of the Appraisal Foundation in real property appraisal supported by adequate written reports or file memoranda. Provided, there shall be no experience requirement for a trainee appraiser. Provided, any state licensed appraiser who becomes state licensed prior to July 1, 2001, shall not be required to attain the minimum requirements of experience promulgated by the Appraiser Qualifications Board to maintain certification as a state licensed appraiser.
B. Each applicant for certification as a state certified general or a state certified residential or state licensed appraiser shall furnish under oath a detailed listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the applicant. Upon request, the applicant shall make available to the Board for examination, a sample of appraisal reports which the applicant has prepared in the course of that applicant's appraisal practice.
Added by Laws 1990, c. 327, § 14, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 11, eff. Sept. 1, 1991; Laws 1992, c. 132, § 8, eff. Sept. 1, 1992; Laws 1994, c. 144, § 6, eff. Sept. 1, 1994; Laws 2001, c. 280, § 8, eff. July 1, 2001.
§59-858-714. Term of certificate - Expiration.
The term of a certificate issued under the authority of this act shall be three (3) years from the date of issuance. The expiration date of certificate shall appear on the certificate and no other notice of its expiration need be given to its holder.
Added by Laws 1990, c. 327, § 15, emerg. eff. May 31, 1990.
§59-858-715. Nonresident applicants - Consent of service of process - Reciprocity agreement required.
A. Every applicant for certification pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act who is not a resident of this state shall submit, with the application for certification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as an Oklahoma certified real estate appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.
B. Nonresidents of this state may make certified appraisals in this state only if the appraiser is certified in a state with a reciprocity agreement to recognize the certification of appraisers from Oklahoma.
Added by Laws 1990, c. 327, § 16, emerg. eff. May 31, 1990. Amended by Laws 1994, c. 144, § 7, eff. Sept. 1, 1994.
§59-858-716. Nonresident applicants from states with substantially equivalent certification requirements.
If, in the determination by the Board, another state is deemed to have substantially equivalent certification requirements, an applicant who is certified under the laws of such other state may obtain a certificate as an Oklahoma certified real estate appraiser upon such terms and conditions as may be determined by the Board provided they are in good standing with the state in which they hold a current certification and have become a resident of Oklahoma.
Added by Laws 1990, c. 327, § 17, emerg. eff. May 31, 1990. Amended by Laws 1994, c. 144, § 8, eff. Sept. 1, 1994.
§59-858-717. Denial of certificate.
The Board may, in accordance with the provisions of the Oklahoma Certified Real Estate Appraisers Act relating to hearings, deny the issuance of a certificate as a trainee, state licensed, state certified residential or state certified general real estate appraiser to an applicant on any of the grounds enumerated in the Oklahoma Certified Real Estate Appraisers Act.
Added by Laws 1990, c. 327, § 18, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 12, eff. Sept. 1, 1991; Laws 1992, c. 132, § 9, eff. Sept. 1, 1992; Laws 2001, c. 280, § 9, eff. July 1, 2001.
§59-858-718. Address of appraiser's principal place of business - Notification of change - Residence addresses.
A. Each trainee, state licensed, state certified residential or state certified general real estate appraiser shall advise the Board of the address of that appraiser's principal place of business and all other addresses at which such appraiser is currently engaged in the business of preparing real property appraisal reports.
B. Whenever a trainee, state licensed, state certified residential or state certified general real estate appraiser changes a place of business, that appraiser shall immediately give written notification of the change to the Board and apply for an amended certificate.
C. Every trainee, state licensed, state certified residential or state certified general real estate appraiser shall notify the Board of that appraiser's current residence address. Residence addresses on file with the Board are exempt from disclosure as public records.
Added by Laws 1990, c. 327, § 19, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 13, eff. Sept. 1, 1991; Laws 1992, c. 132, § 10, eff. Sept. 1, 1992; Laws 2001, c. 280, § 10, eff. July 1, 2001.
§59-858-719. Certificate signatures and numbers.
A. A certificate issued pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act shall bear the signatures or facsimile signatures of the members of the Board and a certificate number assigned by the Board.
B. Each trainee, state licensed, state certified residential or state certified general real estate appraiser shall place that appraiser's certificate number adjacent to or immediately below the title Trainee Appraiser, State Licensed Appraiser, State Certified Residential Appraiser or State Certified General Appraiser when used in an appraisal report or in a contract or other instrument used by the certificate holder in conducting real property appraisal activities.
Added by Laws 1990, c. 327, § 20, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 14, eff. Sept. 1, 1991; Laws 1992, c. 132, § 11, eff. Sept. 1, 1992; Laws 2001, c. 280, § 11, eff. July 1, 2001.
§59-858-720. Issuance of certificate to corporation, partnership, firm or group prohibited.
A. The terms "Trainee, State Licensed, State Certified Residential or State Certified General Real Estate Appraiser" may only be used to refer to individuals who hold the license or certificate and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group; or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certificate.
B. No certificate shall be issued pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act to a corporation, partnership, firm or group. This shall not be construed to prevent a trainee, state licensed, state certified residential or state certified general real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm or group practice.
Added by Laws 1990, c. 327, § 21, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 15, eff. Sept. 1, 1991; Laws 1992, c. 132, § 12, eff. Sept. 1, 1992; Laws 2001, c. 280, § 12, eff. July 1, 2001.
§59-858-721. Renewal certificate - Late renewal fee.
A. To obtain a renewal certificate as a trainee, state licensed, state certified residential or state certified general real estate appraiser, the holder of a current, valid certificate shall make application and pay the prescribed fee to the Board not earlier than one hundred twenty (120) days nor later than thirty (30) days after the expiration date of the certificate then held. With the application for renewal, the trainee, state licensed, state certified residential or state certified general real estate appraiser shall present evidence in the form prescribed by the Board of having completed the continuing education requirements for renewal specified pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act.
B. If a person fails to renew a certificate as a trainee, state licensed, state certified residential or state certified general real estate appraiser prior to its expiration, the person may obtain a renewal certificate by satisfying all of the requirements for renewal and by the payment of a late renewal fee.
Added by Laws 1990, c. 327, § 22, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 16, eff. Sept. 1, 1991; Laws 1992, c. 132, § 13, eff. Sept. 1, 1992; Laws 2001, c. 280, § 13, eff. July 1, 2001.
§59-858-722. Continuing education requirements - Rules and regulations - Requirements for reinstatement.
A. As a prerequisite to renewal of certification, a trainee, state licensed, state certified residential or state certified general real estate appraiser shall present evidence satisfactory to the Board of having met the continuing education requirements of this section.
B. The basic continuing education requirement of renewal of certification shall be the completion by the applicant, during the immediately preceding term of certification, of the minimum number of classroom hours of instruction in courses or seminars according to the guidelines promulgated by the Appraiser Qualifications Board. Provided, the continuing education requirement of the trainee appraiser shall be the same as that of the state licensed appraiser.
C. In lieu of meeting the requirements of subsection B of this section, an applicant for recertification may satisfy all or part of the requirements by presenting evidence of the following:
1. Completion of an educational program of study determined by the Board to be equivalent, for continuing education purposes, to courses approved by the Board pursuant to subsection B of this section; or
2. Participation other than as a student in educational processes and programs approved by the Board which relate to real property appraisal theory, practices or techniques, including, but not necessarily limited to, teaching program development and preparation of textbooks, monographs, articles, and other instructional materials.
D. The Board shall adopt regulations for implementation of the provisions of this section assuring that persons renewing their certifications as trainee, state licensed, state certified residential or state certified general real estate appraisers have current knowledge of real property appraisal theories, practices, and techniques which will provide a high degree of service and protection to those members of the public with whom they deal in a professional relationship under authority of the certification. The regulations shall prescribe the following:
1. Policies and procedures for obtaining Board approval of courses of instruction pursuant to subsection B of this section;
2. Standards, policies, and procedures to be applied by the Board in evaluating applicant's claims of equivalency in accordance with subsection C of this section;
3. Standards, monitoring methods, and systems for recording attendance to be employed by course sponsors as a prerequisite to Board approval of courses for credit.
E. No amendment or repeal of a regulation adopted by the Board pursuant to this section shall operate to deprive a trainee, state licensed, state certified residential or state certified general real estate appraiser of credit toward renewal of certification for any course of instruction completed by the applicant prior to the amendment or repeal of the regulation which would have qualified for continuing education credit under the regulation as it existed prior to the repeal or amendment.
F. Commencing thirty (30) days after the effective date of this act, a certification as a trainee, state licensed, state certified residential or state certified general real estate appraiser that has been revoked as a result of disciplinary action by the Board shall not be reinstated unless the applicant presents evidence of completion of the continuing education required pursuant to the provisions of the Oklahoma Real Estate Appraisers Act. This requirement of evidence of continuing education shall not be imposed upon an applicant for reinstatement who has been required to successfully complete the examination for trainee, state licensed, state certified residential or state certified general real estate appraiser as a condition to reinstatement of certification.
Added by Laws 1990, c. 327, § 23, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 17, eff. Sept. 1, 1991; Laws 1992, c. 132, § 14, eff. Sept. 1, 1992; Laws 1994, c. 144, § 9, eff. Sept. 1, 1994; Laws 2001, c. 280, § 14, eff. July 1, 2001.
§59-858-723. Disciplinary proceedings - Grounds - Civil judgment as basis - Complaints.
A. The rights of any holder under a certificate as a trainee, state licensed, state certified residential or state certified general real estate appraiser may be revoked or suspended, or the holder of the certificate may be otherwise disciplined pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act, upon any of the grounds set forth in this section. The Board may investigate the actions of a trainee, state licensed, state certified residential or state certified general real estate appraiser, and may revoke or suspend the rights of a certificate holder or otherwise discipline a trainee, state licensed, state certified residential or state certified general real estate appraiser for any of the following acts or omissions:
1. Procuring or attempting to procure a certificate pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act by knowingly making a false statement, knowingly submitting false information, refusing to provide complete information in response to a question in an application for certification or through any form of fraud or misrepresentation;
2. Failing to meet the minimum qualifications established pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act;
3. Paying money other than provided for by the Oklahoma Certified Real Estate Appraisers Act to any member or employee of the Board to procure a certificate pursuant to the Oklahoma Certified Real Estate Appraisers Act;
4. A conviction, including a conviction based upon a plea of guilty or nolo contendere, of a felony which is substantially related to the qualifications, functions, and duties of a person developing real estate appraisals and communicating real estate appraisals to others;
5. An act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the certificate holder or another person or with the intent to substantially injure another person;
6. Violation of any of the standards for the development or communication of real estate appraisals as provided in the Oklahoma Certified Real Estate Appraisers Act;
7. Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal;
8. Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
9. Willfully disregarding or violating any of the provisions of the Oklahoma Certified Real Estate Appraisers Act or the regulations of the Board for the administration and enforcement of the provisions of the Oklahoma Certified Real Estate Appraisers Act;
10. Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;
11. Violating the confidential nature of governmental records to which the appraiser gained access through employment or engagement as an appraiser by a governmental agency;
12. Entry of a final civil judgment against the person on grounds of deceit, fraud, or willful or knowing misrepresentation in the making of any appraisal of real property;
13. Violating any of the provisions in the code of ethics set forth in this act; or
14. Failing to at any time properly identify themselves according to the specific type of certification held.
B. In a disciplinary proceeding based upon a civil judgment, the trainee, state licensed, state certified residential or state certified general real estate appraiser shall be afforded an opportunity to present matters in mitigation and extenuation, but may not collaterally attack the civil judgment.
C. 1. A complaint may be filed with the Board against a trainee or state licensed or state certified appraiser for any violations relating to a specific transaction of the Oklahoma Certified Real Estate Appraisers Act by any person who is the recipient of, relies upon or uses an appraisal prepared for a federally related transaction or real-estate-related financial transaction as described in Section 858-701 of this title.
2. Any person with knowledge of any circumstances surrounding an act or omission by a trainee or state licensed or state certified appraiser involving fraud, dishonesty or misrepresentation in any real property valuation-related activity, not limited to federally related transactions, may file a complaint with the Board setting forth all facts surrounding the act or omission.
3. A complaint may be filed against a trainee or state licensed or state certified appraiser directly by the Board, if reasonable cause exists for violations of the code of ethics set forth in this act.
4. Any complaint filed pursuant to this subsection shall be in writing and signed by the person filing same and shall be on a form approved by the Board. The trainee or state licensed or state certified appraiser shall be entitled to any hearings or subject to any disciplinary proceedings provided for in the Oklahoma Certified Real Estate Appraisers Act based upon any complaint filed pursuant to this subsection.
Added by Laws 1990, c. 327, § 24, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 18, eff. Sept. 1, 1991; Laws 1992, c. 132, § 15, eff. Sept. 1, 1992; Laws 1996, c. 318, § 10, eff. July 1, 1996; Laws 2001, c. 280, § 15, eff. July 1, 2001.
§59-858-724. Notice and hearing - Subpoenas and depositions.
A. Before suspending or revoking any certification, the subcommittee shall notify the appraiser in writing of any charges made at least thirty (30) days prior to the date set for the hearing and shall afford the appraiser an opportunity to be heard in person or by counsel.
B. The written notice may be served either personally or sent by registered or certified mail to the lastknown business and/or residence address of the appraiser.
C. The Board shall have the power to subpoena and issue subpoenas duces tecum and to bring before it any person in this state, or to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state.
Added by Laws 1990, c. 327, § 25, emerg. eff. May 31, 1990.
§59-858-725. Findings of fact - Final decision and order - Review.
A. The hearing on the charges shall be at a time and place prescribed by the Board and in accordance with the provisions of the Administrative Procedures Act.
B. If the Board determines that an Oklahoma certified appraiser is guilty of a violation of any of the provisions of the Oklahoma Certified Real Estate Appraisers Act, it shall prepare a finding of fact and recommend that the appraiser be reprimanded or that his certification be suspended or revoked. The decision and order of the Board shall be final.
C. Any final decision or order of the Board shall be reviewable by a court of appropriate jurisdiction in accordance with the provisions of the Administrative Procedures Act.
Added by Laws 1990, c. 327, § 26, emerg. eff. May 31, 1990.
§59-858-726. Uniform Standards of Professional Appraisal Practice - Compliance required.
An Oklahoma certified real estate appraiser must comply with the Uniform Standards of Professional Appraisal Practice, as approved by the Appraisal Subcommittee when involved in a federally related transaction or a real estate-related financial transaction of the agencies, instrumentalities and federally recognized entities as defined and recognized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, or when both the appraiser and user of appraisal services agree in writing that the work product is an appraisal, or when a written appraisal states that it is in compliance with the Uniform Standards of Professional Appraisal Practice.
Added by Laws 1990, c. 327, § 27, emerg. eff. May 31, 1990. Amended by Laws 1996, c. 318, § 11, eff. July 1, 1996.
§59-858-727. Employment of certified real estate appraiser - Compliance with Act.
A client or employer may retain or employ an Oklahoma certified real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value or analysis. A client or employer may also retain or employ an Oklahoma certified real estate appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this act.
Added by Laws 1990, c. 327, § 28, emerg. eff. May 31, 1990.
§59-858-728. Contingent fees.
A. An Oklahoma certified real estate appraiser may not accept a fee for an appraisal assignment, as defined in the Oklahoma Certified Real Estate Appraisers Act, that is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion or is contingent upon the opinion, conclusion or valuation reached, or upon the consequences resulting from the appraisal assignment.
B. An Oklahoma certified real estate appraiser who enters into an agreement to perform specialized services, as defined in the Oklahoma Certified Real Estate Appraisers Act, may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
C. If an Oklahoma certified real estate appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report and also in each letter of transmittal and in the certification statement made by the appraiser in such report.
Added by Laws 1990, c. 327, § 29, emerg. eff. May 31, 1990.
§59-858-729. Retention of records - Inspection by Board.
A. An Oklahoma certified real estate appraiser shall retain for five (5) years, originals or true copies of all written contracts engaging that appraiser's services for real property appraisal work, and all reports and supporting data assembled and formulated by the appraiser in preparing the reports.
B. This fiveyear period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the submittal of the appraisal to the client unless, within such fiveyear period, the appraiser is notified that the appraisal or report is involved in litigation, in which event the fiveyear period for the retention of records shall commence upon the date of the final disposition of such litigation.
C. All records required to be maintained pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act shall be made available by the Oklahoma certified real estate appraiser for inspection and copying by the Board on reasonable notice to the appraiser.
Added by Laws 1990, c. 327, § 30, emerg. eff. May 31, 1990.
§59-858-730. Oklahoma Certified Real Estate Appraisers Revolving Fund.
There is hereby created the "Oklahoma Certified Real Estate Appraisers Revolving Fund". The fund shall consist of all monies, other than appropriated monies, received by the Department from fees collected. The fund shall be a continuing fund not subject to fiscal year limitations and shall be subject to the administrative direction of the Department. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims made to the Director of State Finance. Monies may be expended for the operating expenses of the Department and the Board and shall be made pursuant to the laws of this state.
Added by Laws 1990, c. 327, § 31, emerg. eff. May 31, 1990.
§59-858-731. Repealed by Laws 1992, c. 132, § 16, eff. Sept. 1, 1992.
§59-858-732. Code of ethics.
A. All appraisers certified or licensed pursuant to the Oklahoma Certified Real Estate Appraisers Act must conduct all real property valuations in conformance with the following:
1. An appraiser must perform ethically and competently and not engage in conduct that is unlawful, unethical or improper. An appraiser who could reasonably be perceived to act as a disinterested third party in rendering an unbiased real property valuation must perform assignments with impartiality, objectivity and independence and without accommodation of personal interests;
2. The acceptance of compensation that is contingent upon the reporting of a predetermined value or a direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result or the occurrence of a subsequent event is unethical;
3. The payment of undisclosed fees, commissions or things of value in connection with the procurement of real property valuation assignments is unethical;
4. Advertising for or soliciting appraisal assignments in a manner which is false, misleading or exaggerated is unethical; and
5. An appraiser must protect the confidential nature of the appraiser-client relationship.
B. Although this code of ethics is based upon the ethics provisions of the Uniform Standards of Professional Appraisal Practice, it is not the intent of the Legislature to incorporate the standards set forth in the Uniform Standards of Professional Appraisal Practice.
Added by Laws 1996, c. 318, § 12, eff. July 1, 1996.
§59887.1. Short title.
This act shall be known as the "Physical Therapy Practice Act".
Laws 1965, c. 153, § 1, emerg. eff. May 26, 1965.
§59-887.2. Definitions.
As used in the Physical Therapy Practice Act:
1. "Physical therapy" means the use of selected knowledge and skills in planning, organizing and directing programs for the care of individuals whose ability to function is impaired or threatened by disease or injury, encompassing preventive measures, screening, tests in aid of diagnosis by a licensed doctor of medicine, osteopathy, chiropractic, dentistry or podiatry, or a physician assistant, and evaluation and invasive or noninvasive procedures with emphasis on the skeletal system, neuromuscular and cardiopulmonary function, as it relates to physical therapy. Physical therapy includes screening or evaluations performed to determine the degree of impairment of relevant aspects such as, but not limited to, nerve and muscle function including transcutaneous bioelectrical potentials, motor development, functional capacity and respiratory or circulatory efficiency. Physical therapy also includes physical therapy treatment performed upon referral by a licensed doctor of medicine, osteopathy, dentistry, chiropractic or podiatry, or a physician assistant including, but not limited to, exercises for increasing or restoring strength, endurance, coordination and range of motion, stimuli to facilitate motor activity and learning, instruction in activities of daily living and the use of assistive devices and the application of physical agents to relieve pain or alter physiological status. The use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations are not authorized under the term "physical therapy" as used in this chapter;
2. "Physical therapist assistant" means a person who assists in the practice of physical therapy subject to the direction and supervision of a licensed physical therapist, who meets all the educational requirements, and who is licensed pursuant to the provisions of the Physical Therapy Practice Act;
3. "Licensed physical therapist" means a person who is licensed as required in the Physical Therapy Practice Act and who regularly practices physical therapy;
4. "Board" means the State Board of Medical Licensure and Supervision; and
5. "Committee" means the Physical Therapy Committee.
Added by Laws 1965, c. 153, § 2, emerg. eff. May 26, 1965. Amended by Laws 1969, c. 345, § 1; Laws 1987, c. 13, § 1, eff. July 1, 1987; Laws 1987, c. 118, § 44, operative July 1, 1987; Laws 2001, c. 385, § 5, eff. Nov. 1, 2001.
§59887.3. License requirements.
No person shall designate himself as a physical therapist or physical therapist assistant, nor practice, nor hold himself out to the public as being able to practice physical therapy in this state, unless licensed in accordance with the provisions of the Physical Therapy Practice Act. The Physical Therapy Practice Act shall not prohibit or prevent any person licensed in the healing arts in this state from engaging in the practice for which he is duly licensed.
Amended by Laws 1987, c. 13, § 2, eff. July 1, 1987.
§59-887.4. Physical Therapy Committee - Membership - Powers and duties.
A. There is hereby established a Physical Therapy Committee to assist the State Board of Medical Licensure and Supervision in conducting examinations for applicants and to advise the Board on all matters pertaining to the licensure, education, and continuing education of physical therapists and physical therapist assistants and the practice of physical therapy.
B. 1. The Physical Therapy Committee shall consist of five (5) members who shall be appointed by the State Board of Medical Licensure and Supervision as follows:
a. three members shall be licensed physical therapists,
b. one member shall be a licensed physical therapist assistant, and
c. one member shall be a lay person.
2. Except for the lay appointee, each appointee shall be selected from a list of three persons submitted for each vacancy by the Oklahoma Chapter of the American Physical Therapy Association.
a. Members serving on the Committee on the effective date of this act may continue serving until expiration of their terms of office and may be reappointed if eligible pursuant to the provisions of this act. Members of the original Physical Therapy Committee shall have been appointed for staggered terms of one (1), two (2), and three (3) years, respectively. Terms of office of each appointed member shall expire July 1 of that year in which they expire regardless of the calendar date when such appointments were made. Subsequent appointments shall be made for a term of three (3) years or until their successors are appointed and qualified.
b. The lay member and physical therapist assistant member initially appointed to fill the two new positions created pursuant to this act shall be appointed for staggered terms of office which will expire July 1, 1998, and July 1, 1999. Thereafter, members appointed to these positions shall serve for terms of three (3) years or until their successors are appointed and qualified.
c. Vacancies shall be filled by the Board in the same manner as the original appointment.
3. Each member of the Committee shall be a resident of this state. The physical therapist and physical therapist assistant members shall be licensed pursuant to the Physical Therapy Practice Act for at least three (3) years prior to appointment to the Committee. The lay member shall not be a physical therapist or a licensed health care professional or be related by adoption, blood, or marriage within the third degree of consanguinity to a physical therapist or a licensed health care professional.
4. Members of the Committee shall be reimbursed for all actual and necessary expenses incurred in the performance of duties required by the Physical Therapy Practice Act in accordance with the provisions of the State Travel Reimbursement Act.
C. The Committee shall have the power and duty to:
1. Assist in selecting and conducting examinations for licensure, and in determining which applicants successfully passed such examination;
2. Advise the Board on all matters pertaining to the licensure, education, and continuing education requirements for, and practice of physical therapy in this state;
3. Maintain a current list of approved schools of physical therapy and physical therapist assistants; and
4. Assist and advise in all hearings involving physical therapists or physical therapist assistants who are deemed to be in violation of the Physical Therapy Practice Act.
Added by Laws 1965, c. 153, § 4, emerg. eff. May 26, 1965. Amended by Laws 1969, c. 345, § 3; Laws 1985, c. 178, § 37, operative July 1, 1985; Laws 1987, c. 13, § 3, eff. July 1, 1987; Laws 1987, c. 118, § 45, operative July 1, 1987; Laws 1997, c. 126, § 1.
§59887.5. Powers and duties of Board.
The State Board of Medical Examiners shall have the power and duty to:
1. Promulgate the rules and regulations necessary for the performance of its duties pursuant to the provisions of the Physical Therapy Practice Act;
2. Determine, as recommended by the Committee, the qualifications of applicants for licensure, conduct all examinations, and determine which applicants successfully passed such examinations;
3. Issue a license to each applicant who passes the examination in accordance with standards promulgated by the Board pursuant to the Physical Therapy Practice Act, and who is otherwise in compliance with the Physical Therapy Practice Act. A license shall also be issued to persons who qualify for such license pursuant to the provisions of Sections 887.9 and 887.10 of this title. Said licenses shall be subject to annual renewal as provided by the Physical Therapy Practice Act;
4. Make such investigations and inspections as are necessary to ensure compliance with the Physical Therapy Practice Act and the rules and regulations of the Board promulgated pursuant to the act;
5. Conduct hearings as required by the provisions of the Administrative Procedures Act, Section 301 et seq. of Title 75 of the Oklahoma Statutes;
6. Report to the district attorney having jurisdiction or the Attorney General any act committed by any person which may constitute a misdemeanor pursuant to the provisions of the Physical Therapy Practice Act;
7. Initiate prosecution and civil proceedings;
8. Suspend, revoke or deny the license of any physical therapist and physical therapist assistant for violation of any provisions of the Physical Therapy Practice Act or rules and regulations promulgated by the Board pursuant to this act;
9. Maintain a record listing the name of each physical therapist and physical therapist assistant licensed in this state;
10. Compile a list of physical therapists and physical therapist assistants licensed to practice in this state. Said list shall be available to any person upon application to the Board and the payment of such fee as determined by the Board for the reasonable expense thereof pursuant to the provisions of the Physical Therapy Practice Act; and
11. Make such expenditures and employ such personnel as it may deem necessary for the administration of the provisions of the Physical Therapy Practice Act.
Amended by Laws 1987, c. 13, § 4, eff. July 1, 1987.
§59-887.6. Qualifications for license.
A. Except as otherwise provided by law, to be eligible for licensure as a physical therapist or physical therapist assistant pursuant to the provisions of the Physical Therapy Practice Act an applicant shall:
1. Be of good moral character; and
2. Pass an examination based on standards promulgated by the State Board of Medical Licensure and Supervision pursuant to the Physical Therapy Practice Act which shall include a written examination testing the knowledge of the applicant on:
a. the basic and clinical sciences as they relate to physical therapy theory and physical therapy procedures, and
b. such other subjects as the Board may deem necessary to test the applicant's fitness to practice physical therapy or as a physical therapist assistant. Examinations shall be held within this state at least once per year, at such time and place as the Board shall determine.
B. 1. In addition to the requirements provided by subsection A of this section, and except as provided in paragraph 2 of this subsection or subsection D of this section, an applicant for a license to practice as a physical therapist shall have graduated from a school of physical therapy approved by a national accrediting body which has been recognized by the Board.
2. An applicant for a license to practice as a physical therapist who has been educated through a program or school of physical therapy which is or has been sponsored by a branch of the armed forces of the United States may be licensed as a physical therapist if the Board determines that the education of the applicant is substantially equivalent to, or exceeds, the requirements of accredited educational programs.
C. 1. In addition to the requirements provided by subsection A of this section, and except as provided in paragraph 2 of this subsection, an applicant for a license to practice as a physical therapist assistant shall have graduated from an approved program for physical therapist assistants consisting of at least a two-year program approved by a national accrediting body which has been recognized by the Board. An approved course of study shall include such elementary and intermediate courses in the anatomical, biological, and physical sciences as may be determined by the Board.
2. An applicant for a license to practice as a physical therapist assistant who has been educated through a program for physical therapist assistants which is or has been sponsored by a branch of the armed forces of the United States may be licensed as a physical therapist assistant if the Board determines that the education of the applicant is substantially equivalent to, or exceeds, the requirements of accredited educational programs.
D. 1. Except as otherwise provided by paragraph 2 of this subsection, an applicant for licensure as a physical therapist who has been educated in physical therapy outside the United States shall meet the following qualifications:
a. be of good moral character,
b. have completed the application process,
c. provide satisfactory evidence that their education is substantially equivalent to the requirements of physical therapists educated in accredited educational programs as determined by the Board. If the Board determines that a foreign-educated applicant's education is not substantially equivalent, it may require completion of additional course work before proceeding with the application process,
d. provide written proof that the school of physical therapy education is recognized by its own ministry of education,
e. provide written proof of authorization to practice as a physical therapist without limitations in the country where the professional education occurred,
f. provide proof of legal authorization to reside and seek employment in the United States or its territories,
g. have their educational credentials evaluated by a Board-approved credential evaluation agency,
h. have passed the Board-approved English proficiency examinations if their native language is not English,
i. have participated in an interim supervised clinical practice period prior to licensure, which may be waived at the discretion of the Board, if:
(1) the applicant for licensure is able to verify the successful completion of one (1) year of clinical practice in the United States or the District of Columbia, or
(2) the applicant is able to document exceptional expertise acceptable to the Board in the fields of research, education, or clinical practice, and
j. have successfully passed the national examination approved by the Board.
2. If the foreign-educated physical therapist applicant is a graduate of a CAPTE-accredited physical therapy education program, requirements in subparagraphs c, d, g and i of paragraph 1 of this subsection may be waived.
E. When a foreign-educated applicant satisfies the qualifications for licensure set forth in subparagraphs a through h of paragraph 1 of subsection D of this section, prior to licensure the Board shall issue an interim permit to the applicant for the purpose of participating in a supervised clinical practice period. The time period of an interim permit shall not be less than ninety (90) days nor more than six (6) months. An interim permit holder, to the satisfaction of the Board, shall complete a period of clinical practice under the continuous and immediate supervision of a physical therapist who holds an unrestricted license issued pursuant to the Physical Therapy Practice Act in a facility approved by the Board.
Added by Laws 1965, c. 153, § 6, emerg. eff. May 26, 1965. Amended by Laws 1969, c. 345, § 5; Laws 1987, c. 13, § 5, eff. July 1, 1987; Laws 1997, c. 126, § 2.
§59887.7. Application for licenses Fees.
Any person intending to practice as a physical therapist or physical therapist assistant in this state shall apply to the Board in writing. Such application shall be on a form and in a manner prescribed by the Board and shall request such information from the applicant as will indicate to the Board the applicant's qualifications to take the required examination or otherwise comply with the provisions of the Physical Therapy Practice Act. An application to the Board to practice as a physical therapist or a physical therapist assistant shall be accompanied by a fee as required by the provisions of the Physical Therapy Practice Act. Said fee shall not be refundable.
Amended by Laws 1987, c. 13, § 6, eff. July 1, 1987.
§59887.8. Issuance of license Reexamination.
The Board shall issue an appropriate license to each applicant who successfully passes the examination in accordance with standards promulgated by the Board and who otherwise complies with the provisions of the Physical Therapy Practice Act.
Any applicant who fails to pass the examination may request to retake the examination in accordance with standards established by the Board.
Amended by Laws 1987, c. 13, § 7, eff. July 1, 1987.
§59887.9. License without examination.
Upon payment to the Board of a fee as provided by the Physical Therapy Practice Act, and submission of a written application on forms provided by the Board, the Board may issue a license without examination to any person who is licensed or otherwise registered as a physical therapist by another state or any territory of the United States which has substantially the same standards for licensure as are required by this state pursuant to the provisions of the Physical Therapy Practice Act.
Amended by Laws 1987, c. 13, § 8, eff. July 1, 1987.
§59887.10. Temporary permit without examination.
A. Upon proper application to the Board, and payment of the fee required by the provisions of the Physical Therapy Practice Act, the Board shall issue without examination a temporary permit to practice physical therapy or to practice as a physical therapist assistant in this state for a period of not to exceed one (1) year to any person who meets the qualifications required for applicants to take the examination and who submits satisfactory evidence to the Board that such applicant is in this state on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project. The Board may shorten the term of the temporary permit for less than one (1) year.
B. Upon proper application and payment of fees, the Board may issue a temporary permit to a person who has applied for a license pursuant to the provisions of Section 887.7 of this title, and who is eligible to take the examination pursuant to the provisions of the Physical Therapy Practice Act. Such temporary permit shall be available to an applicant only with respect to his first application for licensure. Such permit shall expire upon notice that the applicant has or has not passed the examination.
Amended by Laws 1987, c. 13, § 9, eff. July 1, 1987.
§59-887.12. Renewal of licenses.
A. 1. Except as otherwise provided by the Physical Therapy Practice Act, all licenses shall expire on January 31 of each year. A license may be renewed during the month of January of each year upon:
a. application,
b. evidence of satisfactory completion of a program of continuing education or of alternative requirements, as required by the State Board of Medical Licensure and Supervision pursuant to subsection B of this section, and
c. payment of fees.
2. Applications for renewal of licensure shall be sent by the Board to all licensed physical therapists and physical therapist assistants at their last-known address. Failure to renew a license three (3) months after notification shall effect a forfeiture of the license granted pursuant to the provisions of the Physical Therapy Practice Act. Upon recommendation of the Board, a lapsed license may be revived upon the payment of all unpaid registration fees and pursuant to such rules as may be promulgated by the Board.
3. A physical therapist or physical therapist assistant who fails to apply for a renewal of a license for five (5) years may renew the license by complying with the provisions of the Physical Therapy Practice Act relating to the issuance of an original license.
B. For physical therapists and physical therapist assistants, the Board shall establish by rule the requirements for:
1. A program of continuing education; and
2. Alternative requirements to establish continuing competence to practice.
The Board shall also establish by rule the minimum hours of continuing education needed to satisfy these requirements. In establishing these requirements, the Board shall consider any existing programs of continuing education currently being offered to licensed physical therapists or physical therapist assistants.
Added by Laws 1965, c. 153, § 12, emerg. eff. May 26, 1965. Amended by Laws 1969, c. 345, § 8; Laws 1987, c. 13, § 10, eff. July 1, 1987; Laws 1997, c. 126, § 3.
§59-887.13. Refusal, suspension or revocation of license.
The Board may refuse to issue or renew, or may suspend or revoke a license to any person, after notice and hearing in accordance with rules and regulations promulgated pursuant to the Physical Therapy Practice Act and the provisions of the Administrative Procedures Act of the Oklahoma Statutes who has:
1. Practiced physical therapy other than under the referral of a physician, surgeon, dentist, chiropractor or podiatrist duly licensed to practice medicine or surgery or in the case of practice as a physical therapist assistant, has practiced other than under the direction of a licensed physical therapist;
2. Treated or attempted to treat ailments or other health conditions of human beings other than by physical therapy as authorized by the Physical Therapy Practice Act;
3. Failed to refer patients to other health care providers if symptoms are known to be present for which physical therapy treatment is inadvisable or if symptoms indicate conditions for which treatment is outside the standards of practice as specified in the rules and regulations promulgated by the Board pursuant to the provisions of the Physical Therapy Practice Act;
4. Used drugs, narcotics, medication, or intoxicating liquors to an extent which affects the professional competency of the applicant or licensee;
5. Been convicted of a felony or of a crime involving moral turpitude;
6. Obtained or attempted to obtain a license as a physical therapist or physical therapist assistant by fraud or deception;
7. Been grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant;
8. Been adjudged mentally incompetent by a court of competent jurisdiction and has not subsequently been lawfully declared sane;
9. Been guilty of conduct unbecoming a person licensed as a physical therapist or physical therapist assistant or guilty of conduct detrimental to the best interests of the public or his profession;
10. Been guilty of any act in conflict with the ethics of the profession of physical therapy; or
11. Had his license suspended or revoked in another state.
Amended by Laws 1987, c. 13, § 11, eff. July 1, 1987.
§59887.14. Titles and abbreviations.
Any person holding a license pursuant to the provisions of the Physical Therapy Practice Act as a physical therapist may use the title "Physical Therapist", "Registered Physical Therapist", or "Licensed Physical Therapist", or the letters "P.T.", "R.P.T.", or "L.P.T.", as authorized by the license obtained from the Board.
Amended by Laws 1987, c. 13, § 12, emerg. eff. July 1, 1987.
§59887.15. Obtaining license by misrepresentations Penalty.
Any person who obtains, or attempts to obtain, licensure as a physical therapist or physical therapist assistant by any willful misrepresentation, grossly negligent misrepresentation, or any fraudulent misrepresentation, upon conviction, shall be guilty of a misdemeanor and shall be punished as required by the provisions of the Physical Therapy Practice Act.
Amended by Laws 1987, c. 13, § 13, eff. July 1, 1987.
§59887.16. Misrepresentations Penalties and actions.
A. No person shall advertise, in any manner, or otherwise represent himself as a physical therapist or physical therapist assistant or as a provider of physical therapy services unless such person is licensed pursuant to the provisions of the Physical Therapy Practice Act.
B. Any person who violates any provision of the Physical Therapy Practice Act shall be found guilty of a misdemeanor and upon conviction shall be subject to punishment pursuant to the provisions of Section 491 of this title and to one or more of the following actions which may be taken by the State Board of Medical Examiners in consultation with the Physical Therapy Committee:
1. Revocation of license;
2. Suspension of license not to exceed six (6) months from the date of hearing;
3. Invocation of restrictions in the form of probation as defined by the Board; or
4. For emergency situations where the question of continued right to practice is a threat to public welfare, utilization of procedures as outlined in Section 481 et seq. of this title regarding physicians.
Added by Laws 1965, c. 153, § 16, emerg. eff. May 26, 1985. Amended by Laws 1987, c. 13, § 14, eff. July 1, 1987.
§59-887.17. Referrals by physicians and surgeons - Exceptions.
A. 1. Any person licensed under this act as a physical therapist or physical therapist assistant shall treat human ailments by physical therapy only under the referral of a person licensed as a physician or surgeon with unlimited license and Doctors of Dentistry, Chiropractic and Podiatry, with those referrals being limited to their respective areas of training and practice; provided, however, a physical therapist may provide services within the scope of physical therapy practice without a physician referral to children who receive physical therapy services pursuant to the Individuals with Disabilities Education Improvement Act of 2004, as may be amended, and the Rehabilitation Act of 1973, Section 504, as may be amended. Provided further, a plan of care developed by a person authorized to provide services within the scope of the Physical Therapy Practice Act shall be deemed to be a prescription for purposes of providing services pursuant to the provisions of the Individuals with Disabilities Education Improvement Act of 2004, as may be amended, and Section 504 of the Rehabilitation Act of 1973, as may be amended.
2. Nothing in this act shall prevent a physical therapist from performing screening and educational procedures within the scope of physical therapy practice without a physician referral.
3. Nothing in this act shall be construed as authorization for a physical therapist or physical therapist assistant to practice any branch of the healing art.
4. Any person violating the provisions of this act shall be guilty of a misdemeanor as per Section 887.16 of this title.
B. 1. The provisions of this act are not intended to limit the activities of persons legitimately engaged in the nontherapeutic administration of baths, massage, and normal exercise.
2. This act shall not prohibit students who are enrolled in schools of physical therapy approved by the State Board of Medical Licensure and Supervision from performing such work as is incidental to their course of study; nor shall it prevent any student in any recognized school of the healing art in carrying out prescribed courses of study; provided such school is a recognized institution by the statutes of Oklahoma, and its practitioners are duly licensed as prescribed by law.
3. Nothing in this act shall apply to any person employed by an agency, bureau, or division of the federal government while in the discharge of official duties, however, if such individual engages in the practice of physical therapy outside the line of official duty, the individual must be licensed as herein provided.
Added by Laws 1965, c. 153, § 17, emerg. eff. May 26, 1965. Amended by Laws 1969, c. 345, § 11; Laws 1987, c. 13, § 16, eff. July 1, 1987; Laws 1987, c. 236, § 196, emerg. eff. July 20, 1987; Laws 2003, c. 135, § 1, eff. Nov. 1, 2003; Laws 2004, c. 543, § 6, eff. July 1, 2004; Laws 2005, c. 84, § 1, eff. Nov. 1, 2005.
§59887.18. Fees.
The Board shall prescribe and publish, in the manner established by its rules and regulations, fees in the amounts determined by the Board but not exceeding the following maximum amounts unless cost justification is present:
Physical Therapist Examination ..................$150.00
Physical Therapist Assistant Examination ........$100.00
Physical Therapist License
and renewal thereof ........................... $50.00
Physical Therapist Assistant License
and renewal thereof .......................... $35.00
Temporary Permit .................................$25.00
Added by Laws 1987, c. 13, § 15, eff. July 1, 1987.
§59888.1. Short title.
This act shall be known and cited as the "Occupational Therapy Practice Act".
Added by Laws 1984, c. 119, § 1, eff. Nov. 1, 1984.
§59888.2. Purpose.
In order to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent and unauthorized persons, to assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants, and to assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of this act to provide for the regulation of persons offering occupational therapy services to the public.
Added by Laws 1984, c. 119, § 2, eff. Nov. 1, 1984.
§59888.3. Definitions.
As used in this act:
1. "Occupational therapy" is a health profession for which practitioners provide assessment, treatment, and consultation through the use of purposeful activity with individuals who are limited by or at risk of physical illness or injury, psychosocial dysfunction, developmental or learning disabilities, poverty and cultural differences or the aging process, in order to maximize independence, prevent disability, and maintain health. Specific occupational therapy services include but are not limited to the use of media and methods such as instruction in daily living skills and cognitive retraining, facilitating selfmaintenance, work and leisure skills, using standardized or adapted techniques, designing, fabricating, and applying selected orthotic equipment or selective adaptive equipment with instructions, using therapeutically applied creative activities, exercise, and other media to enhance and restore functional performance, to administer and interpret tests which may include sensorimotor evaluation, psychosocial assessments, standardized or nonstandardized tests, to improve developmental skills, perceptual motor skills, and sensory integrative function, and to adapt the environment for the handicapped. These services are provided individually, in groups, or through social systems;
2. "Occupational therapist" means a person licensed to practice occupational therapy pursuant to the provisions of this act;
3. "Occupational therapy assistant" means a person licensed to provide occupational therapy treatment under the general supervision of a licensed occupational therapist;
4. "Occupational therapy aide" means a person who assists in the practice of occupational therapy and whose activities require an understanding of occupational therapy, but do not require the technical or professional training of an occupational therapist or occupational therapy assistant;
5. "Board" means the State Board of Medical Licensure and Supervision;
6. "Person" means any individual, partnership, unincorporated organization, or corporate body, except only an individual may be licensed pursuant to the provisions of this act; and
7. "Committee" means the Oklahoma Occupational Therapy Advisory Committee.
Added by Laws 1984, c. 119, § 3, eff. Nov. 1, 1984. Amended by Laws 1987, c. 118, § 46, operative July 1, 1987.
§59-888.4. License required - Application of act - Plan of care.
A. No person shall practice occupational therapy or hold himself or herself out as an occupational therapist, or as being able to practice occupational therapy, or to render occupational therapy services in this state unless he or she is licensed in accordance with the provisions of this act. The licensing provisions of this act shall not be applicable to a person who assists in the practice of occupational therapy as an occupational therapy aide.
B. The provisions of this act shall not be construed to authorize occupational therapists or occupational therapy assistants to practice medicine and surgery within the meaning of Section 492 of Title 59 of the Oklahoma Statutes.
C. Notwithstanding any other provisions of this act, a plan of care developed by a person authorized to provide services within the scope of the Occupational Therapy Practice Act shall be deemed to be a prescription for purposes of providing services pursuant to the provisions of the Individuals with Disabilities Education Act, Amendment of 1997, Public Law 105-17, and Section 504 of the Rehabilitation Act of 1973.
Added by Laws 1984, c. 119, § 4, eff. Nov. 1, 1984. Amended by Laws 2004, c. 543, § 7, eff. July 1, 2004.
§59888.5. Practices, services and activities not prohibited.
Nothing in this act shall be construed to prevent or restrict the practice, services, or activities of:
1. Any persons of other licensed professions or personnel supervised by licensed professions in this state from performing work incidental to the practice of their profession or occupation, if that person does not represent himself as an occupational therapist or occupational therapy assistant;
2. Any person employed as an occupational therapist or occupational therapy assistant by the Government of the United States if such person provides occupational therapy solely under the direction or control of the organization by which he is employed;
3. Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited educational program if such activities and services constitute a part of a supervised course of study, if such a person is designated by a title which clearly indicates his status as a student or trainee;
4. Any person fulfilling the supervised field work experience requirements of Section 6 of this act, if such activities and services constitute a part of the experience necessary to meet the requirements of that section;
5. Any person performing occupational therapy services in this state, if services are performed for no more than ninety (90) days in a calendar year in association with an occupational therapist licensed pursuant to the provisions of this act, if:
a. such person is licensed according to the laws of another state which has licensure requirements equal to or surpassing the requirements of this act, or
b. such person is certified as an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.), by the American Occupational Therapy Association;
6. Any person employed or working under the direct supervision of an occupational therapist as an occupational therapy aide; or
7. A certified recreational therapist in the area of play and leisure.
Added by Laws 1984, c. 119, § 5, eff. Nov. 1, 1984.
§59888.6. Application for license Information required.
An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written application on forms provided by the Board, as recommended by the Committee, showing to the satisfaction of the Board that he meets the following requirements:
1. Residence: Applicants need not be a resident of this state;
2. Character: Applicants shall be of good moral character;
3. Education: Applicants shall present evidence satisfactory to the Board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the Board, with concentration in biological or physical science, psychology and sociology, and with education in selected manual skills. For an occupational therapist the educational program shall be accredited by the Committee on Allied Health Education and Accreditation/American Medical Association in collaboration with the American Occupational Therapy Association. For an occupational therapy assistant, such a program shall be approved by the American Occupational Therapy Association;
4. Experience: Applicants shall submit to the Board evidence of having successfully completed a period of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where he met the academic requirements. For an occupational therapist, a minimum of six (6) months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two (2) months of supervised field work experience is required;
5. Examination: Applicants shall submit to the Board evidence of having successfully completed an examination as provided for in Section 7 of this act.
Added by Laws 1984, c. 119, § 6, eff. Nov. 1, 1984.
§59888.7. Application for license Form Examination and reexamination.
A. A person applying for a license shall demonstrate his eligibility in accordance with the requirements of Section 6 of this act and shall make application for examination upon a form in such a manner as the Board shall prescribe. A person who fails the examination may make reapplication for reexamination accompanied by the prescribed fee.
B. Each applicant for licensure pursuant to the provisions of this act shall be examined by written examination to test his knowledge of the basic and clinical sciences relating to occupational therapy and occupational theory and practice, including the application of professional skills and judgment in the utilization of occupational therapy techniques and methods and such other subjects as the Board may deem useful to determine the applicant's fitness to practice. The Board shall approve an examination and establish standards for acceptable practice.
C. Applicants for licensure shall be examined at a time and place as the Board may determine. Applicants must pass the examination by a score determined by the Board. Examinations shall be given at least two times each year at such places as the Board may determine.
D. In case of failure of any examination the applicant shall have the privilege of a second examination on payment of the regular fees. In case of a second failure, the applicant shall be eligible for the third examination, but shall, in addition to the requirements for previous examinations have to wait a specific period as determined by the Board, not to exceed one (1) year, before reexamination. The waiting period may include completion of academic or clinical work as prescribed by rules promulgated by the Board. A temporary license may be issued pursuant to the provisions of Section 8 of this act. Further testing shall be at the discretion of the Board.
E. Applicants shall be given their examination scores in accordance with such rules and regulations as the Board may establish.
Added by Laws 1984, c. 119, § 7, eff. Nov. 1, 1984.
§59888.8. Waiver of examination, education or experience requirements.
A. The Board shall waive the examination and grant a license to any person certified prior to the effective date of this act as an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.) by the American Occupational Therapy Association. The Board may waive the examination, education, or experience requirements and grant a license to any person so certified after the effective date of this act if the Board considers the requirements for such certification to be at least equivalent to the requirements for licensure in this act.
B. The Board may waive the examination, education, or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards of licensure considered by the Board to be at least equivalent to the requirements for licensure in this act.
C. An applicant may be licensed as an occupational therapist if he has first practiced as an occupational therapy assistant for four (4) years and has completed the requirements of paragraph 4 of Section 6 of this act before January 1, 1988, and has passed the examination for occupational therapist.
Added by Laws 1984, c. 119, § 8, eff. Nov. 1, 1984. Added by Laws 1984, c. 119, § 8, eff. Nov. 1, 1984.
§59888.9. Denial, refusal, suspension, revocation, censure, probation and reinstatement of license.
A. The Board may deny or refuse to renew a license, or may suspend or revoke a license, or may censure a licensee, publicly or otherwise, or may impose probationary conditions where the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes:
1. Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
2. Engaging in unprofessional conduct as defined by the rules established by the Board, or violating the Code of Ethics adopted and published by the Board;
3. Being convicted of any federal or state law, excepting any misdemeanor, traffic law or municipal ordinance;
4. Violating any lawful order, rule, or regulation rendered or adopted by the Board; and
5. Violating any provisions of this act.
B. Such denial, refusal to renew, suspension, revocation, censure, or imposition of probationary conditions upon a license may be ordered by the Board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the Board. One (1) year from the date of the revocation, refusal of renewal, suspension, or probation of the license, application may be made to the Board for reinstatement. The Board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.
Added by Laws 1984, c. 119, § 9, eff. Nov. 1, 1984.
§59888.10. Renewal of license Continuing education.
A. Licenses under this act shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the Board, upon payment of a renewal fee provided for in Section 11 of this act. The Board may provide for the late renewal of a license upon payment of a late fee in accordance with its rules and regulations, but no such late renewal of a license may be granted more than five (5) years after its expiration. A hearing before the Board may be required in addition to a late fee.
B. A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any conduct or activity in violation of the order or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
C. The Board may establish continuing education requirements to facilitate the maintenance of current practice skills of all persons licensed under this act.
Added by Laws 1984, c. 119, § 10, eff. Nov. 1, 1984.
§59888.11. Fees.
The Board shall prescribe and publish, in the manner established by its rules and regulations, fees in the amounts determined by the Board for the following:
1. Initial license fee not exceeding Fifty Dollars ($50.00);
2. Renewal of license fee not exceeding Twenty Dollars ($20.00); and
3. Late renewal fee not exceeding Twenty Dollars ($20.00).
Added by Laws 1984, c. 119, § 11, eff. Nov. 1, 1984.
§59888.12. Oklahoma Occupational Therapy Advisory Committee Creation Membership Term Vacancies Removal Liability.
An Oklahoma Occupational Therapy Advisory Committee of the State Board of Medical Licensure and Supervision is hereby created. The Committee shall consist of five (5) members appointed by the Board, upon recommendation of the Oklahoma Occupational Therapy Association, for staggered terms of three (3) years, except for the first Committee appointed hereunder. Three members shall be occupational therapists with at least five (5) years' experience, one member shall be an occupational therapy assistant with at least three (3) years' experience, and one member shall be a consumer. All of the therapists shall be licensed except for the first members of the Committee who shall be licensed as soon after their appointments as possible. Said licensing shall take place within ninety (90) days after this act becomes effective.
The terms of the members shall be for three (3) years and until their successors are appointed and qualify; except of those first appointed, one shall serve for one (1) year, one shall serve for two (2) years, and three shall serve for three (3) years. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The Board after notice and opportunity for hearing may remove any member of the Committee for neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. A member of the Committee is not liable to civil action for any act performed in good faith in the execution of his duties in this capacity.
Added by Laws 1984, c. 119, § 12, eff. Nov. 1, 1984. Amended by Laws 1987, c. 118, § 47, operative July 1, 1987.
§59888.13. Oklahoma Occupational Therapy Advisory Committee Officers Meetings Rules Records Expenses.
A. The members of the Oklahoma Occupational Therapy Advisory Committee shall elect from their number a chairman. Special meetings of the Committee shall be called by the chairman on the written request of any three members. The Committee shall recommend to the Board for adoption rules as necessary to govern its proceedings and implement the purposes of this act.
B. The Board shall keep a written record of each meeting of the Committee and maintain a register containing names of all occupational therapists licensed under this act, which shall be at all times open to public inspection. On March 1, of each year, the Board shall transmit an official copy of the list of licensees to the Secretary of State for permanent record, a certified copy of which shall be admissible as evidence in any court in the state.
C. Members of the Committee shall be reimbursed for all actual and necessary expenses incurred in the performance of duties required by this act in accordance with the provisions of the State Travel Reimbursement Act.
Added by Laws 1984, c. 119, § 13, eff. Nov. 1, 1984.
§59888.14. Powers and duties of Committee.
A. The Oklahoma Occupational Therapy Advisory Committee shall recommend to the Board for approval a list of applicants for licenses at least twice each year at such reasonable times and places as shall be designated by the Board in its discretion.
B. The Board shall approve the examination as described in Section 7 of this act.
C. The Board may investigate complaints, issue, suspend, deny, and revoke licenses, reprimand licensees and place them on probation, issue subpoenas, and hold hearings.
D. The Committee shall propose rules to the Board consistent with this act to carry out its duties in administering this act.
E. The Board may hire individuals as it deems necessary to implement the purposes of this act.
F. The Board shall assist the proper legal authorities in the prosecution of all persons violating any provisions of this act.
G. The Board shall issue a license to any person who meets the requirements of this act upon payment of the prescribed license fee.
Added by Laws 1984, c. 119, § 14, eff. Nov. 1, 1984.
§59888.15. Titles and abbreviations Misrepresentation Penalties.
A. Any person holding a license as occupational therapist issued by the Board may use the title "Occupational Therapist", "Registered Occupational Therapist", or "Licensed Occupational Therapist", or the letters "O.T.", "O.T.R.", or "O.T.R./L.". Any person holding a license as an occupational therapy assistant issued by the Board may use the title "Occupational Therapy Assistant", "Certified Occupational Therapy Assistant", or "Licensed Occupational Therapy Assistant" or use the letters "O.T.A.", "C.O.T.A.", or "O.T.A./L.". No other person shall in any way, orally or in writing, in print, or by sign or transmission of sound or sight, directly or by implication, represent himself as an occupational therapist. Such misrepresentation, upon conviction, shall constitute a misdemeanor and shall be punishable as herein provided; provided, however, that nothing in this act shall prohibit any person who does not in any way assume or represent himself to be an occupational therapist, registered occupational therapist, licensed occupational therapist, occupational therapy assistant, certified occupational therapy assistant, or licensed occupational therapy assistant, from doing other types of therapies as may be authorized by law.
B. Any person who obtains, or attempts to obtain, licensure as an occupational therapist or occupational therapy assistant by any willful misrepresentation, grossly negligent misrepresentation, or any fraudulent misrepresentation, upon conviction, shall be guilty of a misdemeanor and punishable as herein set forth.
C. Any person who violates any provisions of this act, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail in the county in which such conviction occurred for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment. Each day upon which this act shall be violated shall constitute a separate offense and shall be punishable as such.
Added by Laws 1984, c. 119, § 15, eff. Nov. 1, 1984.
§59941. Declaration of policy.
It is the public policy of the State of Oklahoma that the citizens of Oklahoma shall receive the best possible visual care, through the efforts of well trained and qualified physicians licensed under Chapter 11, Title 59, Oklahoma Statutes and optometrists licensed under Chapter 13, of Title 59, Oklahoma Statutes and that no unqualified person shall be permitted to visually correct for compensation the eyes of another.
Laws 1953, p. 271, § 1.
§59-942. Acts by unlicensed persons prohibited - Permissible acts on prescription - Repairs.
A. It shall be unlawful for any person, firm, corporation, company, or partnership not licensed pursuant to the provisions of Chapter 11, Chapter 13 or Chapter 14 of this title, to:
1. Fit, adjust, adapt, or to in any manner apply lenses, frames, prisms, or any other optical appliances to the face of a person;
2. Duplicate or attempt to duplicate, or to place or replace into the frames, any lenses or other optical appliances which have been prescribed, fitted, or adjusted for visual correction, or which are intended to aid human vision;
3. Give any treatment or training designed to aid human vision; or
4. Represent or hold oneself out to the public as being qualified to do any of the acts listed in this section.
B. 1. Persons licensed pursuant to the provisions of Chapters 11, 13 or 14 of this title may in a written prescription, or its duplicate, authorize any optical supplier to interpret the prescription. The optical supplier:
a. may, in accordance with a written prescription or its duplicate, measure, adapt, fit, prepare, dispense, or adjust such lenses, spectacles, eyeglasses, prisms, tinted lenses, frames or appurtenances thereto, to the human face for the aid or correction of visual or ocular anomalies of the human eye, and
b. may continue to do such acts upon a written prescription, or its duplicate.
2. The physician or optometrist writing such prescription shall remain responsible for the full effect of the appliances so furnished by the other person.
C. 1. It is hereby prohibited and declared contrary to the public health and public policy of this state to dispense, supply, fit, adjust, adapt, or in any manner apply contact lenses to the eyes of a person whether or not those contact lenses are designed to aid or correct human vision or are plano or cosmetic contact lenses, without a prescription issued by a person licensed pursuant to Chapter 11, Chapter 13 or Chapter 14 of this title.
2. The Board of Examiners in Optometry may secure an injunction, without bond, in the district courts to prevent the dispensing, supplying, fitting, adjusting, or adapting of any contact lens without a prescription.
3. As used in this section, "plano" means a contact lens with no prescription power.
D. The provisions of this section shall not prevent a qualified person from making repairs to eyeglasses.
Added by Laws 1953, p. 271, § 2. Amended by Laws 2003, c. 47, § 1, emerg. eff. April 7, 2003.
§59943.1. Advertisement of ophthalmic lenses, frames, eyeglasses, spectacles or parts.
Section 943.1 A. No person, firm or corporation shall publish or display, or cause or permit to be published or displayed in any newspaper or by radio, television, window display, poster, sign, billboard or any other means, any statement or advertisement concerning ophthalmic lenses, frames, eyeglasses, spectacles or parts thereof, that is fraudulent, deceitful or misleading, including statements or advertisements of discount, premiums, price, gifts or any statements or advertisements of a similar nature, import or meaning or which is likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts.
B. No person, firm or corporation shall publish or display or cause or permit to be published or displayed in any newspaper, or by radio, television, window display, poster, sign, billboard or any other means of media, any statement or advertisement of or reference to the price or prices of any eyeglasses, spectacles, lenses, frames or any other optical device or materials or parts thereof requiring a prescription from a licensed physician or optometrist unless such person, firm or corporation complies with the provisions of subsections C through E of this section.
C. Any advertisement or statement published or displayed that contains the price of an item in any of the following categories:
1. Single vision lenses;
2. Kryptok bifocal lenses;
3. Regular bifocal lenses;
4. Trifocal lenses;
5. Aphakic lenses;
6. Prism lenses;
7. Double segment bifocal lenses;
8. Subnormal vision lenses;
9. Tinted lenses; and
10. Frames;
or any other items advertised shall also contain the prices of all items in the same category. All items and prices shall be published or displayed with equal prominence. No advertisement that shows the price of items listed in the categories shown above shall contain any language which directly or indirectly compares the prices so quoted with any other prices of similar items. In showing the price of all items in any category, it shall be permissible to combine two or more categories into one general category of "all other lenses" and designate the price thereby of "up to $_____," which represents the highest price of any lenses included within this combined general category. Should there be a category in which two or more price differentials exist, it shall be permissible for the category to have a single listing in the advertisement with the lowest and the highest price in the category designated.
D. In the event the dispensing optician owns more than one office, the prices for all eyeglasses, spectacles, lenses, frames or other optical devices or materials or parts thereof in the same category shall be the same in all offices located within the same county or city regardless of the name under which the dispensing optician operates the offices.
E. All items advertised by price in accordance with this section shall be available at the advertised price without limit to quantity unless the advertisement contained quantity limitations to all persons including, but not limited to, individuals, physicians, optometrists and dispensing opticians.
F. Any advertisement quoting a price or prices of spectacles, eyeglasses and other optical appliances only, shall contain a readily legible statement that the quoted price or prices "Does not include professional services of an examining optometrist or physician."
G. Dispensers of optical appliances or devices are subject to the Oklahoma Deceptive Trade Practices Act, as provided in Sections 51 through 55 of Title 78 of the Oklahoma Statutes, and in addition to the civil remedies provided therein, it shall be a misdemeanor for any dispenser of optical appliances or devices as defined herein to knowingly commit a deceptive trade practice as defined in the Oklahoma Deceptive Trade Practices Act.
H. A person who violates any provision of this act is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by confinement in the county jail for not less than two (2) months nor more than six (6) months, or both. A separate offense is committed each day a violation of this act occurs or continues. Should the violator be an optometrist, such violation also constitutes grounds for revocation of his license to practice optometry. Provided, however, the owner, officer or employee of any advertising media, not otherwise having a pecuniary interest in any advertising authorized by the provisions of this act, shall not be guilty of the misdemeanor hereinabove defined by reason of the publishing or other delivery of any advertising furnished by a vendor of the service or material so advertised.
Laws 1978, c. 37, § 2.
§59943.2. Prescriptions for spectacles or eyeglasses Copies.
Any person who requests a copy of his prescription for spectacles or eyeglasses, following an eye examination by a person licensed under Sections 481 through 518 or Sections 581 through 606 of Title 59, shall be provided a written, signed copy of such prescription. No extra charge shall be made for the prescription if the patient chooses to take the prescription elsewhere. The examining optometrist or physician shall not be responsible for the accuracy of the optical materials furnished by another person.
Laws 1978, c. 37, § 3.
§59943.3. Standards Eyeglasses, spectacles, lenses or other optical devices or parts.
All eyeglasses, spectacles, lenses or other optical devices or materials or parts thereof shall conform to standards of quality as promulgated by the American Standards Association, Inc. and commonly known as Z80.1 1964 Standards, as amended.
Laws 1978, c. 37, § 4.
§59944. Rebates, kickbacks, etc. Permitting solicitation Acts as employee or associate Renting space or subleasing departments.
It shall be unlawful for any optometrist, physician or other person doing, or purporting or pretending to do eye examination or visual correction to receive or accept any rebate, kickback, reward or premium from any optical company or any other person, firm or corporation dealing in optical goods, appliances or materials, or knowingly allow or permit any person engaged in or interested in the sale of such optical goods, appliances, or materials, to solicit business for any person licensed under the provisions of Chapters 11 or 13 of Title 59, Oklahoma Statutes. It shall be unlawful for any optometrist, physician, or other person to make an eye examination, or do visual correction in any manner, either directly or indirectly as an employee or associate of a person, firm, corporation, lay body, organization, group or lay person and it shall be likewise unlawful for any corporation, lay body, organization, group or lay person in any manner to make an eye examination or perform any visual correction through the means of engaging the services on a salary, commission or any other compensatory basis of a person licensed under the provisions of Chapters 11 or 13 of Title 59, Oklahoma Statutes 1951, provided that this sentence shall not apply to the University of Oklahoma School of Medicine and Hospitals, or to a bona fide resident physician of a licensed hospital. No person, firm, or corporation engaged in the business of retailing merchandise to the general public shall rent space, sublease departments, or otherwise permit any person purporting to do eye examination or visual care to occupy space in such retail store. Nothing in this section shall prohibit a person licensed under Chapter 11 or Chapter 13 of Title 59, Oklahoma Statutes, from organizing or maintaining a professional association with other persons so licensed.
Laws 1953, p. 272, § 4.
§59945. Discrimination between licensees by public officers and agencies Sending resident out of state for services.
No department, commission, board, official, employee, or agency of the State of Oklahoma, or of any county, municipality or other subdivision of the State of Oklahoma shall, in the performance of its duties and functions in obtaining examination for refractions and visual training or correction for citizens of this state discriminate between persons licensed to perform examination for refraction and visual training or correction within the field for which their respective license entitle them to practice; and no such department, commission, board, official or agency of the state, county, municipality, or other subdivision shall send any resident of the State of Oklahoma out of this state to receive or be furnished such services. This section shall have no application with respect to any person confined in the Oklahoma Medical Center.
Amended by Laws 1988, c. 326, § 31, emerg. eff. July 13, 1988.
§59946. Violations Punishment Injunction.
Any person, firm, company, corporation, or partnership violating any of the provisions, of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished for each such offense, as provided by law, and in addition thereto may be enjoined by a court of competent jurisdiction for any further violations of the provisions of this act. It shall be the mandatory duty of the district attorneys of the respective counties to bring such injunction suits when a verified complaint is filed with such district attorney alleging any violations of this act. This act shall not supercede other laws, but shall be cumulative to other statutes of the State of Oklahoma.
Laws 1953, p. 273, § 6.
§59947. Provisions inapplicable to osteopaths.
The provisions of Sections 1, 2 and 6 of this act shall not extend, limit or affect the legal scope of practice of persons licensed under the provisions of Chapter 14, Title 59, Oklahoma Statutes 1951.
Laws 1953, p. 273, § 8.
§59981. Citation.
This act shall be known as the "Oklahoma Public Auction Law".
Laws 1955, p. 332, § 1.
§59982. Definitions.
The words "public auction sales" when used in this act, shall mean the offering for sale or selling of new goods, wares or merchandise to the highest bidder or offering for sale or selling of new goods, wares or merchandise at a high price and then offering the same at successive lower prices until a buyer is secured.
The words "new goods, wares and merchandise", when used in this act, shall mean and include all goods, wares and merchandise not previously sold at retail.
Laws 1955, p. 332, § 2.
§59983. Sale of new goods, wares or merchandise at public auction License.
It shall be unlawful for any person, firm or corporation to sell, dispose of, or offer for sale at public auction in the State of Oklahoma any new goods, wares or merchandise, unless such person, firm or corporation, and the owners of such new goods, wares or merchandise to be offered for sale or sold if such are not owned by the vendors, shall have first secured a license as herein provided and shall have complied with the other requirements of this act herein set forth.
Laws 1955, p. 332, § 3.
§59984. Application for license Contents.
Any person, firm or corporation desiring to offer any new goods, wares or merchandise for sale at public auction shall file application for a license for that purpose with the treasurer of the county in this state in which the said auction is proposed to be held. The application shall be filed not less than ten (10) full days prior to the date the said auction is to be held. The application shall state the following facts:
(a) The name, residence and post office address of the person, firm or corporation making the application, and if a firm or corporation, the name and address of the members of the firm or officers of the corporation, as the case may be.
(b) If the applicant is a corporation then there shall be stated on the application form the date of incorporation, the state of incorporation and if for a corporation formed in a state other than the State of Oklahoma the date on which such corporation qualified to do business as a foreign corporation in the State of Oklahoma.
(c) The name, residence and post office address of the auctioneer who will conduct such auction sale.
(d) A detailed inventory and description of all such new goods, wares or merchandise to be offered for sale at such auction which inventory shall set forth the cost to the applicant of the several items contained in such inventory.
(e) Attached to the application shall be a copy of a notice, which ten (10) days before the said application has been filed, shall have been mailed registered mail by the proposed seller to the Tax Commission of the State of Oklahoma of such other department as may be charged with the duty of collecting gross income taxes or such other taxes of a comparable nature or which may be in lieu of such gross income taxes. The said notice must state the precise time and place where the said auction is to be held, the approximate value of the new goods, wares or merchandise to be offered for sale or sold and such other information as the Tax Commission of the State of Oklahoma or its successor may request or by regulation require.
(f) The number of days on which said auction will be held.
(g) The said application shall be verified.
Laws 1955, p. 332, § 4.
§59985. Bonds Service of process.
At the time of filing said application, and as a part thereof, the applicant shall file and deposit with the said county treasurer a bond, with sureties to be approved by the said county treasurer, in the penal sum of two times the value of the merchandise proposed to be offered for sale at public auction as shown by the inventory filed, running to the State of Oklahoma, and for the use and benefit of any purchaser of any such new goods, wares or merchandise at the said auction who might have a cause of action of any nature arising from or out of a sale or sales at such auction or against the applicant or against the auctioneer; the said bond shall be further conditioned on the payment by the applicant of all taxes that may be payable by or due from, the applicant to the State of Oklahoma or any department thereof or any subdivision of the State of Oklahoma, municipal or otherwise, the payment of any fines that may be assessed by any court against the applicant or against the auctioneer for violation of the provisions of this act, and the satisfaction of all causes of action commenced within one (1) year from the date that such sale is made at any such auction and arising therefrom provided, however, that the aggregate liability of the surety for all said taxes, fines, and causes of action shall in no event exceed the sum of such bond but there shall be no limitation of liability against the owners of the new goods, wares and merchandise or the auctioneer or the applicant for the license.
In such bond the applicant and surety shall appoint the treasurer of said county in which said bond is filed the agent of the applicant and the surety for the service of process. At the time that said bond is filed and deposited with the county treasurer as herein provided the auctioneer shall appoint the said county treasurer the agent of the auctioneer for the service of process. In the event of such service of process, the agent on whom such service is made shall, within five (5) days after the service, mail by ordinary mail a true copy of the process served upon him to each party for whom he has been served, addressed to the last known address of such party. Failure to so mail said copy shall not, however, affect the court's jurisdiction.
The State of Oklahoma or any department or subdivision, municipal or otherwise, thereof, or any person having a cause of action arising out of any sale of such new goods, wares or merchandise may join the applicant and the surety on such bond and the auctioneer in the same action, or may in such action due either such applicant or the surety or the auctioneer alone.
Laws 1955, p. 333, § 5.
§59986. License fee.
The applicant desiring to file an application with the treasurer for a license to conduct a public auction shall pay to the treasurer of such county in which the said application is made, a license fee of Fifty Dollars ($50.00) per day for each day that he proposes to conduct a public auction.
Laws 1955, p. 334, § 6.
§59987. Issuance of license.
Upon the filing of such application and after the applicant has established that he has fully complied with all the provisions of this act, the treasurer of said county, shall issue to the applicant a license authorizing the said applicant to conduct a public auction as proposed in said application; such license shall not be transferable and shall be valid only in the county where issued and shall not be valid in any town or city which has enacted an ordinance licensing public auction sales unless a license is also obtained from such city or town. No license shall be good for more than one person, unless such persons shall be copartners nor for more than one place in said county.
The treasurer shall keep a record of such licenses in a book provided for that purpose, which shall at all times be open to public inspection.
No particular form of license shall be required to be issued by said treasurer. However, any license issued shall state the name of the person, firm or corporation which is licensed, the precise place at which such auction sale is to be held and the number of days for which the license is issued.
Laws 1955, p. 334, § 7.
§59988. Filing of inventory of merchandise sold Prices.
Within ten (10) days after the last day of said auction sale, the applicant shall file in duplicate with the county treasurer an inventory of all merchandise sold at such auction and the price received therefor, which inventory shall be verified by the person who filed the application for the license with the said auditor. The county treasurer shall immediately after receiving such report and inventory forward a copy thereof to the Tax Commission of the State of Oklahoma or its successor.
Laws 1955, p. 334, § 8.
§59989. Penalties.
Every person, firm or corporation, either as principal or agent, who shall in any manner engage in, or conduct a public auction sale, without having first obtained a license as hereinbefore provided, or who shall knowingly advertise, represent or hold forth any sale of goods, wares or merchandise to be conducted contrary to the provisions of this act shall be deemed guilty of a misdemeanor and shall upon conviction thereof be fined in any sum not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00), to which may be added imprisonment of not less than thirty (30) days and not more than one hundred eighty (180) days .
Laws 1955, p. 334, § 9.
§59990. Sales exempt.
The provisions of this act shall not extend to the sale at public auction of livestock, real estate, farm machinery or farm produce or other items commonly sold at farm sales, community sales, or to auction sales by individuals of new merchandise, which was assessed personal property tax or is replacement stock of merchandise inventory which was assessed personal property tax in the county in which the sale is to be had, nor to a bona fide sale of goods, wares and merchandise by sample for future delivery, or by sales made by sheriffs, constables or other public officers selling goods, wares and merchandise according to law, nor to bona fide assignees or receivers appointed in this state selling goods, wares and merchandise for the benefit of creditors, provided further, nothing in this act shall prevent a person, firm or corporation registered hereunder and operating in more than one county, from selling all his goods in either county if said goods are duly assessed in one of said counties.
Laws 1955, p. 334, § 10.
§59991. Regulation by cities and towns.
The towns and cities of the State of Oklahoma are hereby given full power and authority to tax, license and regulate persons, firms or corporations engaging in or desiring to engage in public auctions, and may require a license and charge a fee therefor; but such license fee shall not exceed the amount provided in this act for a county license but shall be in addition thereto and such towns and cities may provide for penalties for violations of said ordinance. A city or town license shall not be in lieu of a county license.
Laws 1955, p. 334, § 11.
§59992. Law governing.
Insofar as the provisions of Section 11 of this act are in conflict with Section 651 or Section 1105 of Title 11, Oklahoma Statutes 1951, or any other prior legislative enactment, the provisions of Section 11 hereof shall prevail.
Laws 1955, p. 335, § 12.
§59993. Partial invalidity.
If any section, subsection, paragraph, sentence, clause or phrase of this act is for any reason held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining portion or portions of this act.
Laws 1955, p. 335, § 13.
§59-1000.1. Short title.
Sections 1 through 8 of this act shall be known and may be cited as the "Construction Industries Board Act".
Added by Laws 2001, c. 394, § 1, eff. July 1, 2001.
§59-1000.2. Construction Industries Board.
A. The Construction Industries Board is hereby created to continue until July 1, 2007, in accordance with the provisions of the Oklahoma Sunset Law. Beginning January 1, 2002, the Board shall regulate the plumbing, electrical and mechanical trades, and building and construction inspectors through the powers and duties set forth in the Construction Industries Board Act and in the respective licensing acts for such trades.
B. 1. The Board shall be composed of eleven (11) members appointed by the Governor with the advice and consent of the Senate, as follows:
a. two members shall have at least ten (10) years' experience in the plumbing trade, of which one shall be a plumbing contractor and one shall be a journeyman plumber,
b. two members shall have at least ten (10) years' experience in the electrical trade, of which one shall be an electrical contractor and one shall be a journeyman electrician,
c. two members shall have at least ten (10) years' experience in the mechanical trade, of which one shall be a mechanical contractor and one shall be a mechanical journeyman,
d. two members shall have at least ten (10) years' experience as a building and construction inspector,
e. one member shall be a licensed professional engineer and shall have at least ten (10) years' experience in the construction industry,
f. one member shall represent a statewide organization of cities and towns, and
g. one member shall represent the public and shall not practice, have practiced, or be licensed to practice any of the trades regulated by the Board nor be employed by or be related by blood or marriage within the third degree to any person who practices, has practiced, or is licensed to practice any such trades.
2. Members shall be appointed for terms of four (4) years; provided, of those members initially appointed to the Board, five members shall be appointed for two-year terms, beginning September 1, 2001, and four members shall be appointed for four-year terms, beginning September 1, 2001, as designated by the Governor. Members shall continue in office until a successor is appointed by the Governor. The Governor shall fill all vacancies and unexpired terms in the same manner as the original appointment of the member whose position is to be filled. Such members may be removed by the Governor for cause.
Added by Laws 2001, c. 394, § 2, eff. July 1, 2001. Amended by Laws 2003, c. 318, § 3, eff. Nov. 1, 2003.
§59-1000.3. Board meetings.
A. 1. The Construction Industries Board shall organize immediately after September 1, 2001, and annually thereafter, by electing from among its members a chair and a vice-chair. The Board shall hold regularly scheduled meetings at least once each quarter at a time and place determined by the Board and may hold such special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be necessary. A majority of the members of the Board shall constitute a quorum for the transaction of business.
2. The chair shall preside at meetings of the Board, set the agenda, sign orders and other required documents, coordinate Board activities, and perform such other duties as may be prescribed by the Board.
3. The vice-chair shall perform the duties of the chair during the absence or disability of the chair and shall perform such other duties as may be prescribed by the Board.
4. The Construction Industries Administrator, at the discretion of the Board shall:
a. keep a record of all proceedings of the Board and certify to actions of the Board,
b. oversee the receipt and deposit of all monies received by the Board in the appropriate revolving funds,
c. submit, at the first regular meeting of the Board after the end of each fiscal year, a full itemized report of the receipts and disbursements for the prior fiscal year, showing the amount of funds on hand, and
d. perform such other duties as are prescribed in this act or as may be prescribed by the Board.
B. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the Administrative Procedures Act.
C. All members of the Board and such employees as determined by the Board shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
D. The liability of any member or employee of the Board acting within the scope of Board duties or employment shall be governed by The Governmental Tort Claims Act.
E. Members of the Board shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
Added by Laws 2001, c. 394, § 3, eff. July 1, 2001.
§59-1000.4. Rules and regulations - Powers and duties - Service status.
A. 1. Beginning September 1, 2001, pursuant to and in compliance with Article I of the Administrative Procedures Act, the Construction Industries Board shall have the power to adopt, amend, repeal, and promulgate rules as may be necessary to regulate the plumbing, electrical and mechanical trades, and building and construction inspectors. Rules authorized under this section shall not become effective prior to January 1, 2002.
2. Beginning January 1, 2002, the Board shall have the power to enforce the provisions of the Construction Industries Board Act, The Plumbing License Law of 1955, the Oklahoma Inspectors Act, the Electrical License Act, and the Mechanical Licensing Act.
3. In addition to rules promulgated by the Construction Industries Board, rules promulgated by the State Board of Health prior to January 1, 2002, shall be the rules of the Construction Industries Board and shall continue in effect until such rules are amended or repealed by rules promulgated by the Construction Industries Board.
4. Any order made or action taken prior to January 1, 2002, by the State Board of Health, the State Department of Health, or the State Commissioner of Health pursuant to the provisions of, or rules promulgated pursuant to, The Plumbing License Law of 1955, the Oklahoma Inspectors Act, the Electrical License Act, or the Mechanical Licensing Act shall be considered valid and in effect unless rescinded by the Construction Industries Board.
B. The Board shall have the following powers:
1. Exercise all incidental powers and duties which are necessary to effectuate the provisions of The Plumbing License Law of 1955, the Oklahoma Inspectors Act, the Electrical License Act, and the Mechanical Licensing Act;
2. Serve as a code variance and appeals board for the trades and industries it regulates which do not have statutory code variance and appeals boards;
3. Order or subpoena the attendance of witnesses, the inspection of records and premises, and the production of relevant books and papers for the investigation of matters that may come before the Board;
4. Initiate disciplinary proceedings, request prosecution of and initiate injunctive proceedings against any person who violates any of the provisions of the Plumbing License Law of 1955, the Oklahoma Inspectors Act, the Electrical License Act, and the Mechanical Licensing Act;
5. Maintain an administrative staff including, but not limited to, a Construction Industries Administrator whose appointment shall be made as provided in Section 1000.6 of this title;
6. Establish and levy administrative fines against any person or entity denying the Board or its representatives access to a job site for purposes of enforcing any of the provisions of the Plumbing License Law of 1955, the Oklahoma Inspectors Act, the Electrical License Act, and the Mechanical Licensing Act; and
7. Direct such other expenditures as may be necessary in the performance of its duties including, but not limited to, expenditures for office space, equipment, furnishings and contracts for legal services. All expenditures shall be made pursuant to the Oklahoma Central Purchasing Act.
C. After July 1, 2004, the Board shall account for all receipts and expenditures of the monies of the Board, including annually preparing and publishing a statement of receipts and expenditures of the Board for each fiscal year. The Board's annual statement of receipts and expenditures shall be audited by the State Auditor and Inspector or an independent accounting firm, and the audit report shall be certified to the Governor of this state to be true and correct, under oath, by the chair and vice-chair of the Board.
D. Effective January 1, 2002, all powers, duties, responsibilities, employees, records, and equipment of the State Board of Health, the State Department of Health, and the State Commissioner of Health relating exclusively to the regulation of the plumbing, electrical and mechanical trades, and building and construction inspectors shall be placed under the authority of the Construction Industries Board. To the extent practicable, this shall include all computer hardware and software used in regulating industries listed in this section. Until July 1, 2004, the State Department of Health shall provide all necessary administrative support, including, but not limited to, office space, equipment, furnishings, and legal staff support for the Board and may manage the Board's funds, subject to Board approval. The Construction Industries Board may contract for additional legal and administrative services as necessary, pursuant to the Central Purchasing Act. Employees shall be under the direction of the Construction Industries Administrator and the Construction Industries Board.
E. The Construction Industries Board and the State Board of Health may enter into an agreement for the transfer of personnel into the unclassified service under the direction of the Construction Industries Board effective January 1, 2002. No employee shall be transferred into the unclassified service under the direction of the Construction Industries Board except on the freely given written consent of the employee. All classified employees under the Merit System of Personnel Administration who are not transferred into the unclassified service as provided shall retain the status in the class occupied by the employee on July 1, 2001, as allocated by the Office of Personnel Management. The salary of such an employee shall not be reduced as a result of such position allocation. Employees who are transferred as provided shall not be required to accept a lesser grade or salary than that in effect on July 1, 2001. All employees shall retain leave, sick and annual time earned, and any retirement and longevity benefits which have accrued during their tenure in the classified service. The transfer of personnel shall be coordinated with the Office of Personnel Management.
Added by Laws 2001, c. 394, § 4, eff. July 1, 2001. Amended by Laws 2002, c. 457, § 1, eff. July 1, 2002; Laws 2003, c. 318, § 4, eff. Nov. 1, 2003; Laws 2004, c. 163, § 1, emerg. eff. April 26, 2004.
§59-1000.5. Fees - Licenses and permits - Issuance and renewal.
A. The Construction Industries Board may establish a system of fees to be charged for the application for licenses, for the issuance and renewal of licenses and permits, for administration of examinations and for formal project reviews under the Board's authority. This provision is subject to the following limitations:
1. No schedule of fees may be established or amended by the Board except during such times as the Legislature is in session; provided, the Board may establish or amend a schedule of fees at a time when the Legislature is not in session if the fees or schedule of fees has been specifically authorized by the Legislature pursuant to paragraph 2 of this subsection. The Board must follow the procedures required by Article I of the Administrative Procedures Act for adoption of rules in establishing or amending any such schedule of fees; and
2. The Board shall charge fees only within the following ranges, except as may be otherwise specified in this section.
For application for license not to exceed $30.00
For administration of license examinations: not to exceed $200.00
For license or permit issuance: not to exceed $300.00
For license or permit renewal: not to exceed $200.00
For formal project review for code conformance: not to exceed $200.00
For permit issuance for the use of alternative materials or methods: not to exceed $50.00
B. The Board shall base its schedule of fees upon the reasonable costs of review and inspection services rendered in connection with each license, permit, or review, but shall be within the ranges specified in paragraph 2 of subsection A of this section, except as otherwise specified in this section. The Board shall establish a system of training for all personnel who render review and inspection services in order to assure uniform statewide application of rules. The Board shall include the reasonable costs associated with such training in the fees provided for in this section.
C. The Board may exempt by rule any class of licensee or permittee from the requirements of the fee schedule if the Board determines that the creation of such a schedule for any such class would create an unreasonable economic hardship.
D. All statutory fees now in effect for the issuance and renewal of any license, permit, or review under the authority of the Construction Industries Board shall remain in effect until such time as the Board, by its rulemaking authority, acts to implement new fee schedules pursuant to the provisions of this section.
E. Unless otherwise provided, licenses and permits issued by the Construction Industries Board shall be for a one-year period.
Added by Laws 2001, c. 394, § 5, eff. July 1, 2001. Amended by Laws 2002, c. 457, § 2, eff. July 1, 2002.
§59-1000.5a. License without examination - Reciprocity.
A. By way of reciprocity and without examination, an application for any license issued by any committee or board under the authority of the Construction Industries Board to engage in any work or trade in this state subject to the Board's regulatory authority may be made to the Board in writing on a form and in a manner prescribed by the Board. The application shall be accompanied by a fee pursuant to Section 1000.5 of Title 59 of the Oklahoma Statutes, which shall not be refundable under any circumstances. If the application is disapproved by the Board, it shall be returned to the applicant with the reason for its disapproval stated thereon.
B. The Board may, in its discretion, issue a license by reciprocity to an applicant who is currently licensed to practice an applicable trade in another state, country, territory, province or city outside of the State of Oklahoma, upon a satisfactory showing of the following:
1. That the requirements for licensure in the city, state, country, territory or province in which the applicant is licensed are deemed by the Board to be substantially the same or equivalent to the requirements for obtaining an original license by examination in force in this state at the date of such license;
2. That one (1) year immediately prior to the date of payment of the required fee the applicant lawfully practiced an applicable trade within and under the laws of city, state, country, territory or province pursuant to a license issued thereby authorizing such practice;
3. That no disciplinary matters are pending against the applicant in any city, state, country, territory or province, and relating to the applicable trade in which the applicant seeks reciprocity;
4. That the license being reciprocated was obtained by examination in the city, state, country, territory or province wherein it was issued; and
5. That the applicant meets all other requirements of the Construction Industries Board Act, including payment of the applicable license fee.
Added by Laws 2002, c. 457, § 3, eff. July 1, 2002.
§59-1000.6. Construction Industries Administrator.
A. No later than January 1, 2002, and thereafter, each time the position becomes vacant, the Construction Industries Board shall hire a Construction Industries Administrator. The Construction Industries Board may, upon a majority vote, terminate the employment of the Construction Industries Administrator.
B. The Construction Industries Administrator shall assist the Construction Industries Board in the performance of its duties and shall report directly to the Board.
Added by Laws 2001, c. 394, § 6, eff. July 1, 2001. Amended by Laws 2003, c. 318, § 5, eff. Nov. 1, 2003.
§59-1000.7. Repealed by Laws 2003, c. 8, § 5, eff. July 1, 2003 and Laws 2003, c. 318, § 17, eff. Nov. 1, 2003.
§59-1000.9. Orders requiring compliance with standards and rules - Penalty.
A. In addition to any other remedies provided for by law, the Construction Industries Board, pursuant to rules promulgated by the Board, may issue a written order to any person or entity whom the Board has reason to believe is presently in violation of any standards or rules promulgated by the Construction Industries Board and to whom the Board has served, no less than fifteen (15) days previously, a written notice of violation of such standards or rules. The fifteen-day notice period may be reduced as, in the opinion of the Board, may be necessary to render the order reasonably effectual.
B. The written order may require compliance with such standards or rules immediately or within a specified time period or both. The order may also assess an administrative fine for each day or part of a day that such person fails to comply with the order.
C. Any order issued pursuant to this section shall state with specificity the nature of the violation. Any penalty assessed in the order shall not exceed One Thousand Dollars ($1,000.00) per day of noncompliance with the order. In assessing such a penalty, the Board shall consider the seriousness of the violation and any efforts to comply with applicable requirements.
D. Any order issued pursuant to the provisions of this section shall become a final order unless, no later than fifteen (15) days after the order is served, the person or persons named therein request an administrative hearing. Upon such request, the Board shall promptly conduct a hearing. The Board shall dismiss such proceedings when compliance with the order is demonstrated. A final order following a hearing may assess an administrative fine based upon consideration of the evidence, but not exceeding the amount stated in the written order provided for in subsections A through C of this section.
E. Such orders and hearings are subject to the Administrative Procedures Act.
Added by Laws 2003, c. 318, § 6, eff. Nov. 1, 2003.
§59-1001. Citation.
Sections 1001 through 1023.1 of this title shall be known and may be cited as "The Plumbing License Law of 1955".
Added by Laws 1955, p. 366, § 1. Amended by Laws 2001, c. 394, § 9, eff. Jan. 1, 2002.
§59-1002. Rules - State bond, cash or deposit in lieu of bond.
A. The Construction Industries Board is hereby authorized, empowered, and directed to make, prescribe, enforce, amend, and repeal rules governing the following:
1. The examination and licensing of persons desiring or intending to engage in the business, trade or calling of plumbing contractor or journeyman plumber;
2. The registering of and issuing of certificates to persons desiring or intending to work or act as a plumber's apprentice;
3. The establishment and levying of administrative fines;
4. The initiation of disciplinary proceedings;
5. The requesting of prosecution of and initiation of injunctive proceedings against any person who violates any of the provisions of The Plumbing License Law of 1955 or any rule promulgated pursuant to The Plumbing License Law of 1955; and
6. The establishment of bonding and insurance requirements for the issuance of a license as a plumbing contractor; provided, such rules shall not be inconsistent with the terms and conditions hereinafter provided.
B. Such bonding requirements shall allow the filing of cash or a certificate of deposit in lieu of a bond. A state bond or cash or certificate of deposit filed in lieu of a bond and which is posted pursuant to the provisions of this section shall be deemed sufficient to meet the requirements of any municipality, provided that a copy of said bond or documentation of cash or certificate of deposit filed in lieu of a bond shall be filed with any municipality in which the licensee does work as a plumbing contractor. A copy of the bond or documentation of cash or certificate of deposit filed in lieu of a bond shall be filed with the municipality prior to the commencement of any such work by the licensee.
Added by Laws 1955, p. 366, § 2. Amended by Laws 1989, c. 331, § 1, emerg. eff. May 31, 1989; Laws 1991, c. 106, § 1, eff. Sept. 1, 1991; Laws 1993, c. 236, § 1, eff. Sept. 1, 1993; Laws 2001, c. 394, § 10, eff. Jan. 1, 2002; Laws 2003, c. 318, § 7, eff. Nov. 1, 2003.
§59-1002.1. Voluntary review of project plans and specifications.
The Construction Industries Board shall establish by rule a process for the formal review of the plans and specifications for a project prior to bid dates for the project to ensure that the project plans and specifications are in conformance with applicable plumbing, electrical, mechanical, and fire sprinkler installation codes. The rule shall provide that the review shall be completed in a timely manner, not to exceed fourteen (14) calendar days from the date of the submission of a completed application for review which is accompanied by the review fee not to exceed Two Hundred Dollars ($200.00) to be established by the rule. Upon completion of the review, the plans and specifications shall be returned to the applicant with documentation indicating either approval of plans and specifications which are in compliance with the applicable codes, or modifications which must be made to bring the plans and specifications into conformance. Submission of such plans and specifications for review by the Board shall be voluntary.
Added by Laws 1994, c. 293, § 1, eff. July 1, 1994. Amended by Laws 2001, c. 394, § 11, eff. Jan. 1, 2002.
§59-1003. Definitions.
As used in The Plumbing License Law of 1955:
1. "Board" means the Construction Industries Board;
2. "Committee" means the State Committee of Plumbing Examiners appointed by the Construction Industries Board;
3. "Plumbing Hearing Board" means the State Plumbing Hearing Board which shall consist of a designee of the Construction Industries Board, as chair, and the members of the State Committee of Plumbing Examiners;
4. "Apprentice" or "plumber's apprentice" means any person sixteen (16) years of age or older who, as the principal occupation of the person, is engaged in learning and assisting in the installation of plumbing under the direct supervision of a licensed journeyman plumber or plumbing contractor;
5. "Journeyman plumber" means any person other than a master plumber or plumbing contractor who engages in or works at the actual installation, alteration, repair and/or renovation of plumbing;
6. "Temporary journeyman plumber" means any person other than a person permanently licensed as a journeyman plumber, master plumber, or plumbing contractor in this state who meets the temporary licensure requirements of Section 1006.1 of this title;
7. "Master plumber" is a term used and defined under laws which have been repealed. A person formerly known as a master plumber is henceforth to be known as a "plumbing contractor" as defined in this section;
8. "Plumbing contractor" means any person who is skilled in the planning, superintending, and practical installation of plumbing and who is familiar with the laws and rules governing the same. This definition may be construed to mean any person who has qualified and is licensed under The Plumbing License Law of 1955 as a plumbing contractor, who may operate as an individual, a firm, partnership, limited liability company, or corporation, or other legal entity to engage in the business of plumbing, or the business of contracting to do plumbing, or furnish labor or materials or both for the installation, repair, maintenance, or renovation of plumbing according to the requirements of The Plumbing License Law of 1955;
9. "Plumbing" means, and includes:
a. all piping, fixtures, appurtenances and appliances for, and in connection with, a supply of water within or adjacent to any building, structure, or conveyance, on the premises and to the connection with a water main or other source of supply,
b. all piping, fixtures, appurtenances and appliances for sanitary drainage or storm drainage facilities, including venting systems for such facilities, within or adjacent to any building, structure, or conveyance, on the premises and to the connection with a public disposal system or other acceptable terminal,
c. the installation, repair, maintenance and renovation of all piping, fixtures, appurtenances and appliances for a supply of water, or for the disposal of waste water, liquid waste, or sewage within or adjacent to any building, structure, or conveyance, on the premises and to the source of supply of water or point of disposal of wastes, and
d. the installation, repair and maintenance of radiant-floor heating system piping in residential homes with capacities no greater than one hundred thousand (100,000) BTU's using only piping approved by the most current adopted edition of the International Mechanical Code; and
10. "Variance and Appeals Board" means the Oklahoma State Plumbing Installation Code Variance and Appeals Board.
Added by Laws 1955, p. 366, § 3. Amended by Laws 1994, c. 293, § 2, eff. July 1, 1994; Laws 1999, c. 405, § 1, emerg. eff. June 10, 1999; Laws 2001, c. 394, § 12, eff. Jan. 1, 2002; Laws 2004, c. 163, § 2, emerg. eff. April 26, 2004.
§59-1004. Oklahoma State Committee of Plumbing Examiners - Membership - Tenure - Qualifications and duties - Travel expenses.
A. The Oklahoma State Committee of Plumbing Examiners is hereby re-created to continue until July 1, 2008, in accordance with the provisions of the Oklahoma Sunset Law, as provided by Sections 3901 et seq. of Title 74 of the Oklahoma Statutes, and shall consist of five (5) members, each of whom shall be a citizen of the United States, a resident of this state. One member shall be appointed from each congressional district and any remaining members shall be appointed from the state at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district. Beginning January 1, 2002, as the terms of members serving on the Committee on such date expire, members of the Committee shall be appointed by the Construction Industries Board which may also remove them for cause. They will hold office for terms of two (2) years, or until their successors are appointed. Two members of the Committee shall have had at least five (5) years' practical experience as a licensed master plumber or plumbing contractor, and two members shall have had at least five (5) years' practical experience as a licensed journeyman plumber. One member shall be a plumbing inspector selected from lists of names submitted from plumbing inspection industries. Whenever appointments of initial, new, or replacement plumbing members of the Committee are to be made, the Board shall choose them only from lists of at least three names to be furnished whenever needed as follows:
1. Master plumber or plumbing contractor member - lists to be furnished by associated plumbing and heating contractors of this state;
2. Journeyman plumber member - lists to be furnished by state pipe trades associations;
3. One licensed master plumber or plumbing contractor who is not a member of an association of plumbing, heating, and cooling contractors of this state; and
4. One licensed journeyman plumber who is not a member of a state pipe trades association.
B. Duties of the Committee shall be to serve the Construction Industries Board in an advisory capacity, to formulate rules pursuant to The Plumbing License Law of 1955, and to assist and advise the Board on the examination of applicants for licenses as journeyman plumber or plumbing contractor, in accordance with such rules and the terms and conditions hereof. A majority of the Committee shall constitute a quorum for the transaction of business.
C. Each examiner shall be reimbursed for travel expenses in accordance with the provisions of the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
Added by Laws 1955, p. 367, § 4. Amended by Laws 1978, c. 58, § 1, emerg. eff. March 20, 1978; Laws 1980, c. 1, § 1, eff. July 1, 1980; Laws 1984, c. 115, § 1, eff. July 1, 1984; Laws 1985, c. 178, § 39, operative July 1, 1985; Laws 1990, c. 157, § 1, emerg. eff. May 1, 1990; Laws 1996, c. 63, § 1, eff. July 1, 1996; Laws 2001, c. 394, § 13, eff. Jan. 1, 2002; Laws 2002, c. 375, § 10, eff. Nov. 5, 2002; Laws 2003, c. 3, § 52, emerg. eff. March 19, 2003.
NOTE: Laws 2002, c. 175, § 1 repealed by Laws 2003, c. 3, § 53, emerg. eff. March 19, 2003.
§591005. Examinations.
(a) Examinations shall be uniform and shall be practical in nature but sufficiently strict to test the qualification and fitness of the applicant as a journeyman plumber or as a plumbing contractor, as the case may be. It shall be in whole or in part in writing.
(b) Regular examinations shall be held at least twice each year and special examinations may be fixed by the Committee. Any applicant initially failing to pass the examination shall not be permitted to take another examination for a period of thirty (30) days, and thereafter any such applicant subsequently failing to pass the examination shall not be permitted to take a subsequent examination for a period of ninety (90) days.
Laws 1955, p. 368 § 5; Laws 1973, c. 122, § 1, emerg. eff. May 7, 1973.
§59-1006. Licenses - Transferability.
A. The Construction Industries Board shall issue licenses to persons who have been certified by the Board as having successfully passed the examination for journeyman plumber or plumbing contractor, as the case may be, and who have paid the fees and have otherwise complied with the applicable requirements of The Plumbing License Law of 1955.
B. All licenses shall be nontransferable. It shall be unlawful for any holder of a license under The Plumbing License Law of 1955 to loan or allow the use of such license by any other person, firm or corporation, except as specifically provided in The Plumbing License Law of 1955.
Added by Laws 1955, p. 368, § 6. Amended by Laws 2001, c. 394, § 14, eff. Jan. 1, 2002.
§59-1006.1. Temporary licenses.
A. Within one (1) year of the date the Governor of this state declares a state of emergency in response to a disaster involving the destruction of dwelling units, the Construction Industries Board shall issue a distinctively colored, nonrenewable, temporary journeyman plumber license which shall expire one (1) year after the date of the declaration to any person who is currently licensed as a journeyman plumber by another state and who:
1. Submits, within ten (10) days of beginning journeyman plumber's work in this state, an application and fee for a journeyman plumber's examination;
2. Takes and passes the examination at the first opportunity thereafter offered by the Board; and
3. Pays a temporary journeyman plumber's license fee to be established by rule by the Board pursuant to Section 1000.5 of this title.
B. Nothing in this section shall be construed as prohibiting any person from qualifying at any time for any other license by meeting the requirements for the other license.
Added by Laws 1999, c. 405, § 2, emerg. eff. June 10, 1999. Amended by Laws 2001, c. 394, § 15, eff. Jan. 1, 2002; Laws 2002, c. 457, § 4, eff. July 1, 2002.
§59-1007. Applications.
Application for examination, license or renewal of license shall be made to the Construction Industries Board in writing and, if required, on forms furnished by the Board and shall be accompanied by the proper fee.
Added by Laws 1955, p. 368, § 7. Amended by Laws 2001, c. 394, § 16, eff. Jan. 1, 2002.
§59-1008. Repealed by Laws 2002, c. 457, § 12, eff. July 1, 2002.
§59-1009. Duration of licenses - Expiration date - Renewals.
Until June 30, 2004, no license shall be issued for longer than one (1) year and all licenses shall expire on June 30th of each year and such licenses may be renewed upon application and payment of fees within thirty (30) days preceding or following June 30th of each year, or the date the license renewal is due. Beginning July 1, 2004, all licenses shall expire on the birth date of the licensee. The Construction Industries Board shall establish by rule a method for prorating license fees to coincide with the birth date of the licensee. No journeyman or contractor license shall be renewed unless the licensee has completed the required hours of continuing education as determined and approved by the Committee. Such requirement may be satisfied by completing a course on the current edition of the International Fuel Gas Code or the International Plumbing Code revision of not less than six (6) hours of instruction within one (1) year of adoption of the current International Plumbing Code revision. The Committee may renew licenses upon application made more than thirty (30) days following the date of expiration upon payment of the renewal and additional fee prescribed and upon compliance with any applicable continuing education requirements as established by the Board and this act. Provided that no penalty for renewal shall be charged to any holder of a license which expires while such holder is in military service if application is made within one (1) year following his service discharge.
Apprentice registration certificates expire one (1) year after date of registration, at which time the apprentice may reregister.
Added by Laws 1955, p. 368, § 9. Amended by Laws 1980, c. 1, § 3, eff. July 1, 1980; Laws 2003, c. 318, § 8, eff. Nov. 1, 2003.
§59-1010. Plumbing Hearing Board - Investigations and hearings - Suspensions - Jurisdiction of political subdivisions.
A. The designee of the Construction Industries Board, as chair, and the members of the Oklahoma State Committee of Plumbing Examiners shall constitute a Plumbing Hearing Board, which may on its own motion make investigations and conduct hearings. The Plumbing Hearing Board may, on its own motion or upon complaint in writing duly signed and verified by the complainant, and upon not less than ten (10) days' notice to the licensee, suspend any license issued under The Plumbing License Law of 1955, and may revoke such license in the manner hereinafter provided, if by clear and convincing evidence it finds that the holder of the license has:
1. Made a material misstatement in the application for license or renewal thereof;
2. Loaned or illegally used the license;
3. Demonstrated incompetency to act as a journeyman plumber or plumbing contractor, as the case may be;
4. Violated any provision of The Plumbing License Law of 1955, or any rule or order prescribed by the Construction Industries Board, or any ordinance or regulation for the installation of plumbing made or enacted by a city, town, or sewer Board by authority of The Plumbing License Law of 1955; or
5. Willfully and unreasonably failed to perform his or her normal business obligations without justifiable cause.
B. A copy of the complaint with notice of the suspension of license, if ordered by the Plumbing Hearing Board, shall be served on the person complained against, and the answer thereto shall be filed in the time allowed for the filing of answers in legal proceedings by the statutes of this state.
C. No order revoking a license shall be made until after a public hearing, held in accordance with the provisions of Article II of the Administrative Procedures Act, by the Plumbing Hearing Board which shall not be less than thirty (30) days and not more than sixty (60) days after the date of notice of suspension. The hearing shall be held at the place designated by the Plumbing Hearing Board. The person complained against shall have the right to be represented by counsel and to introduce any evidence in defense. The conduct of the hearing shall be in accordance with recognized rules of legal procedure and any member of the Plumbing Hearing Board or a representative designated by the Plumbing Hearing Board shall have authority to administer oaths and take testimony.
D. Any person whose license has been revoked may, after the expiration of one (1) year from the date of such revocation, but not before, apply for a new license.
E. Notwithstanding any other provision of law, a political subdivision of this state that has adopted a nationally recognized plumbing code and appointed an inspector pursuant to Section 1016 of this title or pursuant to the Oklahoma Inspectors Act for such work shall have jurisdiction over the interpretation of the code and the installation of all plumbing work done in that political subdivision, subject to the provisions of the Oklahoma Inspectors Act. Provided, a state inspector may work directly with a plumbing contractor or journeyman plumber in such a locality if a violation of the code creates an immediate threat to life or health.
F. In the case of a complaint about, investigation of, or inspection of any license, registration, permit or plumbing in any political subdivision of this state which has not adopted a nationally recognized plumbing code and appointed an inspector pursuant to Section 1016 of this title or pursuant to the Oklahoma Inspectors Act for such work, the Construction Industries Board shall have jurisdiction over such matters.
G. 1. No individual, business, company, corporation, limited liability company, association or other entity subject to the provisions of Section 1001 et seq. of this title shall install, modify or alter plumbing in any incorporated area of this state which has not adopted a nationally recognized plumbing code and appointed an inspector pursuant to Section 1016 of this title or pursuant to the Oklahoma Inspectors Act for such work without providing notice of such plumbing to the Construction Industries Board. A notice form for reproduction by an individual or entity required to make such notice shall be provided by the Construction Industries Board upon request.
2. Notice to the Construction Industries Board pursuant to this subsection shall not be required for plumbing maintenance or replacement of an existing plumbing device or fixture, unless such device is gas fired, or of any petroleum refinery or its research facilities.
3. Enforcement of this subsection is authorized pursuant to The Plumbing License Law of 1955, or under authority granted to the Construction Industries Board.
Added by Laws 1955, p. 369, § 10. Amended by Laws 1993, c. 251, § 1, eff. Sept. 1, 1993; Laws 1997, c. 353, § 1, eff. Nov. 1, 1997; Laws 2001, c. 394, § 18, eff. Jan. 1, 2002.
§59-1010.1. Administrative fines - Injunctions.
A. In addition to other penalties provided by law, if after a hearing in accordance with the provisions of Section 1010 of this title, the Plumbing Hearing Board shall find any person to be in violation of any of the provisions of The Plumbing License Law of 1955, such person may be subject to an administrative fine of not more than Five Hundred Dollars ($500.00) for each violation. Each day a person is in violation of The Plumbing License Law of 1955 may constitute a separate violation. The maximum fine will not exceed One Thousand Dollars ($1,000.00). All administrative fines collected pursuant to the provisions of this subsection shall be deposited in the fund established in Section 1018 of this title. Administrative fines imposed pursuant to this subsection shall be enforceable in the district courts of this state.
B. The Plumbing Hearing Board may make application to the appropriate court for an order enjoining the acts or practices prohibited by The Plumbing License Law of 1955, and upon a showing by the Plumbing Hearing Board that the person has engaged in any of the prohibited acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court.
Added by Laws 1993, c. 236, § 3, eff. Sept. 1, 1993. Amended by Laws 2001, c. 394, § 19, eff. Jan. 1, 2002.
§59-1011. Appeals from decisions of Board.
An appeal from the decision of the Plumbing Hearing Board upon the suspension or revocation of a license, or upon any decision not specifically provided for in The Plumbing License Law of 1955, may be taken to the district court in accordance with the provisions of Article II of the Administrative Procedures Act.
Added by Laws 1955, p. 369, § 11. Amended by Laws 2001, c. 394, § 20, eff. Jan. 1, 2002.
§591012. Necessity for licenses Penalty.
(a) Ninety (90) days from and after the effective date of this act it shall be unlawful and a misdemeanor for any person to act as, or perform the work of, a journeyman plumber, as defined in this act, until such person has qualified and is licensed as a journeyman plumber or plumbing contractor, as provided in this act.
(b) Ninety (90) days from and after the effective date of this act it shall be unlawful and a misdemeanor for any person, firm, partnership, association or corporation to act as a master plumber or plumbing contractor or to engage in or offer to engage in, by advertisement or otherwise, the business of plumbing, or plumbing contractor, as defined in this act, until such person, or a bona fide member of such partnership, or a bona fide officer of such firm, association, or corporation, as the case may be, shall have qualified and is licensed as a plumbing contractor as required by this act.
Laws 1955, p. 369, § 12.
§59-1013. Plumbers apprentice - Certificates.
The Construction Industries Board shall, upon proper application and payment of fee, register as a plumber's apprentice, and shall issue a certificate of registration to, persons who furnish proof satisfactory to the Board that they are sixteen (16) years of age or older and are enrolled in a recognized school or training course for plumber apprentices, or have arranged for employment as a plumber's apprentice with a licensed plumbing contractor. The certificate of an apprentice shall expire at the end of one (1) year from date of issuance, at which time the Board may issue a renewal certificate upon payment of the renewal fee.
Added by Laws 1955, p. 369, § 13. Amended by Laws 1980, c. 1, § 4, eff. July 1, 1980; Laws 1999, c. 405, § 4, emerg. eff. June 10, 1999; Laws 2001, c. 394, § 21, eff. Jan. 1, 2002.
§59-1014. Change of business address.
Every holder of a license as a journeyman plumber or plumbing contractor, or of a certificate of registration as a plumber's apprentice, shall promptly notify the Construction Industries Board of any change in business address.
Added by Laws 1955, p. 370, § 14. Amended by Laws 2001, c. 394, § 22, eff. Jan. 1, 2002.
§591015. Municipal water and sewage systems Rules and regulations.
Each city and/or incorporated town with a population of two thousand (2,000) or more in the state, having a system of water supply or sewerage shall, and any incorporated town, or any sewer district Commission may, by ordinance or regulation, prescribe rules and regulations for the material, construction, installation and inspection of all plumbing and sewerage placed in, or in connection with any building, structure, or conveyance in such city, town or sewer district, and the board of health or other proper authority of such city, town or sewer district shall further provide that no plumbing work shall be done, except in the case of repairing leaks, without permit being issued therefor upon such terms and conditions as such city, town or sewer commission shall prescribe.
Laws 1955, p. 370, § 15.
§591016. Municipal plumbing inspector - Combining plumbing inspector and electrical inspector.
A. Each city or incorporated town with a population of two thousand (2,000) or more in the state, having a system of water supply or sewerage shall by ordinance, within ninety (90) days after the effective date of this act, create an office of plumbing inspector, whose duty it shall be to inspect all plumbing installed in the jurisdiction of such city or town, and shall furnish a certificate of same. Said plumbing inspector shall have had not less than three (3) years' practical experience at the plumbing business, and shall not be interested, either directly or indirectly, in any firm or corporation engaged in the plumbing business.
B. Any city or town in this state, with a population in excess of four thousand (4,000) but not exceeding thirty thousand (30,000), may create an office which combines the powers and duties of the plumbing inspector and the electrical inspector. Except as otherwise provided in this subsection, the holder of such office must have at least three (3) years' practical experience in the plumbing industry and three (3) years' practical experience in the electrical industry. Any such city or town may, in its discretion, appoint some other person deemed qualified for such office if such person, within two (2) years after the date of appointment, successfully passes the examination for a license as a plumbing inspector and the examination for a license as an electrical inspector conducted by a recognized national building code or standard service. Cities or towns with a population of four thousand (4,000) or less may, in their discretion, appoint some other person deemed qualified for the office. The salary of said plumbing inspector is to be provided for by the respective city or town.
Added by Laws 1955, p. 370, § 16. Amended by Laws 1991, c. 324, § 1, emerg. eff. June 14, 1991; Laws 1995, c. 9, § 1, eff. Nov. 1, 1995.
§59-1017. Inapplicability.
The provisions of The Plumbing License Law of 1955 shall not apply to:
1. Minor repairs, consisting of repairing or replacing faucets or minor working parts of plumbing fixtures;
2. Farm buildings located outside any city or town unless such buildings are connected to a public water or sewer system;
3. Maintenance work for state institutions and school districts;
4. The installation, maintenance, repair, renovation of automatic sprinkler systems and related mechanical appurtenances beginning at a point where the pipe or piping system provides water used exclusively for these automatic sprinklers and their related appurtenances and to standpipes connected to automatic sprinkler systems;
5. The construction, installation, maintenance, repair, renovation, and/or removal of pipe or piping systems and related mechanical appurtenances including backflow preventers, appliances and/or equipment used in connection therewith, directly or indirectly within or without any building or structure, from a point or location in a source of potable water supply at which point or location there exists any backflow preventer, provided that said pipe and/or piping systems are for:
a. heating, except radiant-floor heating systems as defined in subparagraph d of paragraph 9 of Section 1003 of this title,
b. cooling,
c. air conditioning,
d. refrigeration, or
e. boilers and other pressure vessels of whatsoever kind and character.
A "backflow preventer," as used herein, means any permanent mechanical device, or combination of permanent mechanical devices, of whatever material, which, after installation acts to prevent a reversal of the normal directional flow of potable water within the piping system in which it is installed, and shall include, but not be limited to, metal checkvalves and airgaps, either naturally or artificially created. Provided, further, that the exclusionary provisions of this paragraph shall apply only to and within governmental agencies, counties, cities and towns which now have or which hereafter may adopt separate laws relating to the licensing, registration and regulating of persons engaged, for business purposes, in any of the areas of trade hereinbefore specified in this paragraph; the exemptions herein being provided to apply only to these items specifically regulated by any such local laws and ordinances; and
6. An individual who performs plumbing work on such individual's property of residence.
Added by Laws 1955, p. 370, § 17. Amended by Laws 1965, c. 147, § 1, emerg. eff. May 24, 1965; Laws 1967, c. 361, § 1, emerg. eff. May 22, 1967; Laws 1996, c. 318, § 1, eff. July 1, 1996; Laws 2004, c. 163, § 3, emerg. eff. April 26, 2004.
§59-1018. Fees paid to State Treasury - Disposition.
All fees, administrative fines or payments of any type received by the Construction Industries Board under The Plumbing License Law of 1955 shall be deposited in a revolving fund to be designated as the "Plumbing Licensing Revolving Fund" and are hereby appropriated and may be expended by the Construction Industries Board for the purpose of implementing The Plumbing License Law of 1955. The fund shall be a continuing fund, not subject to fiscal year limitations. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1955, p. 370, § 18. Amended by Laws 1993, c. 236, § 2, eff. Sept. 1, 1993; Laws 2001, c. 394, § 23, eff. Jan. 1, 2002; Laws 2004, c. 163, § 4, emerg. eff. April 26, 2004.
§591019. Violations and penalties.
Any person, firm, partnership, association or corporation who shall violate any of the provisions of this act, or any provision of an ordinance or regulation enacted by a city, town, or sewer commission, by authority of this act shall, in addition to suffering possible suspension or revocation of a license, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Twentyfive Dollars ($25.00) nor more than One Hundred Dollars ($100.00), together with the costs of prosecution.
Laws 1955, p. 371, § 19.
§59-1020. Local regulation by municipalities not prohibited.
Nothing in The Plumbing License Law of 1955 shall prohibit cities and towns from having full authority to provide full supervision and inspection of plumbing by the enactment of codes and rules in such form as they may determine and prescribe; provided, that no such ordinances, bylaw or rule shall be inconsistent with The Plumbing License Law of 1955, or any rule adopted or prescribed by the Construction Industries Board through authority of The Plumbing License Law of 1955 and the provisions of the Construction Industries Board Act. Each state-licensed master plumber or plumbing contractor shall be required to register with the plumbing inspector of every city and town in whose jurisdiction the plumber operates, and each such city or town is hereby authorized to register such master plumber or plumbing contractor to revoke the same, to charge fees for such registration, for permits and for inspections of plumbing and fixtures. Provided, further, that no master plumber or plumbing contractor shall be permitted to do business or work in any city or town wherein the local registration of the plumber has been revoked.
Added by Laws 1955, p. 371, § 20. Amended by Laws 2001, c. 394, § 24, eff. Jan. 1, 2002; Laws 2003, c. 318, § 9, eff. Nov. 1, 2003.
§59-1021.1. Oklahoma State Plumbing Installation Code Variance and Appeals Board.
A. 1. There is hereby created the Oklahoma State Plumbing Installation Code Variance and Appeals Board. The Variance and Appeals Board shall hear testimony and shall review sufficient technical data submitted by an applicant to substantiate the proposed installation of any material, assembly or manufacturer-engineered components, equipment or system that is not specifically prescribed by an appropriate installation code, an industry consensus standard or fabricated or installed according to recognized and generally accepted good engineering practices, where no ordinance or regulation of a governmental subdivision applies. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the Variance and Appeals Board shall approve such alternative, subject to the requirements of the appropriate installation code. Applications for the use of an alternative material or method of construction shall be submitted in writing to the Construction Industries Board for approval prior to use. Applications shall be accompanied by a filing fee, not to exceed Fifty Dollars ($50.00), as set by rule of the Construction Industries Board.
2. The Variance and Appeals Board shall also hear appeals from contractors, licensed by the Construction Industries Board, and any party who has an ownership interest in or is in responsible charge of the design of or work on the installation, who contest the Construction Industries Board's interpretation of the state's model plumbing installation code as applied to a particular installation. Such appeals shall be based on a claim that:
a. the true intent of the installation code has been incorrectly interpreted,
b. the provisions of the code do not fully apply, or
c. an equal or better form of installation is proposed.
Such appeals to the Variance and Appeals Board shall be made in writing to the Construction Industries Board within fourteen (14) days after a code interpretation or receipt of written notice of the alleged code violation by the licensed contractor.
B. The Variance and Appeals Board shall consist of the designated representative of the Construction Industries Board and the following members who, except for the State Fire Marshal or designee, shall be appointed by the Construction Industries Board from a list of names submitted by the professional organizations of the professions represented on the Variance and Appeals Board and who shall serve at the pleasure of the Construction Industries Board:
1. Two members shall be appointed from the State Committee of Plumbing Examiners; one shall be a contractor with five (5) years of experience and one shall be a journeyman with five (5) years of experience;
2. One member shall be a registered design professional who is a registered architect with at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work;
3. One member shall be a registered design professional with at least ten (10) years of structural engineering or architectural experience, five (5) of which shall have been in responsible charge of work;
4. One member shall be a registered design professional with mechanical or plumbing engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) years of which shall have been in responsible charge of work;
5. One member shall be a registered design professional with electrical engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) years of which shall have been in responsible charge of work; and
6. One member shall be the State Fire Marshal or a designee of the State Fire Marshal.
Any member serving on the Variance and Appeals Board on January 1, 2002, may continue to serve until a replacement is appointed by the Construction Industries Board.
C. Members, except the designated representatives of the State Fire Marshal and the Construction Industries Board, and employees of the Construction Industries Board, shall be reimbursed for travel expenses pursuant to the State Travel Reimbursement Act from the revolving fund created pursuant to Section 1018 of this title.
D. The Variance and Appeals Board shall meet after the Construction Industries Board receives proper application for a variance, accompanied by the filing fee, or proper notice of an appeal, as provided in subsection A of this section.
E. The designated representative of the Construction Industries Board shall serve as chair of the Variance and Appeals Board. A majority of the members of the Variance and Appeals Board shall constitute a quorum for the transaction of business.
Added by Laws 1994, c. 293, § 3, eff. July 1, 1994. Amended by Laws 2001, c. 394, § 25, eff. Jan. 1, 2002.
§59-1022. Repealed by Laws 1997, c. 353, § 6, eff. Nov. 1, 1997.
§59-1023.1. Issuance of citation for certain work prohibited.
No state or municipal inspector may issue a citation for work which is exempt from the requirement for a permit under Section 106 of the International Plumbing Code, latest edition.
Added by Laws 1997, c. 353, § 2, eff. Nov. 1, 1997.
§59-1031. Short title.
Sections 1031 through 1044 of this title shall be known and may be cited as the "Oklahoma Inspectors Act".
Added by Laws 1989, c. 215, § 1, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 26, eff. Jan. 1, 2002.
§59-1032. Rules - Promulgation by Construction Industries Board.
The Construction Industries Board shall promulgate rules governing the examination and licensing of building, electrical, mechanical, plumbing, and other construction inspectors and the establishment of classifications for such inspectors. The Board may adopt as part of such rules any or all nationally recognized inspector certification programs or codes for purposes of building and construction inspector licensing. The rules adopted by the Board shall provide requirements for continuing education for building and construction inspectors.
Added by Laws 1989, c. 215, § 2, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 27, eff. Jan. 1, 2002.
§59-1033. Definitions.
As used in the Oklahoma Inspectors Act:
1. "Board" means the Construction Industries Board;
2. "Committee" means the Oklahoma Inspector Examiners Committee;
3. "Building and construction inspection" means the inspection of plumbing, electrical, mechanical or structural aspects of building and construction, for the purpose of enforcing compliance with the applicable building codes or standards;
4. "Building and construction inspector" means any person actively engaged in the inspection of any phase of building and construction for the purpose of enforcing compliance with the applicable building codes or standards and includes, but is not limited to, plumbing inspectors, electrical inspectors, mechanical inspectors and structural inspectors; and
5. "Circuit rider inspector" means a person who acts as a building and construction inspector for two or more municipalities or other political subdivisions and is certified and licensed pursuant to the Oklahoma Inspectors Act.
Added by Laws 1989, c. 215, § 3, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 28, eff. Jan. 1, 2002.
§59-1034. Oklahoma Inspector Examiners Committee - Members - Appointment - Qualifications - Travel Expenses.
There is hereby created the Oklahoma Inspector Examiners Committee which shall consist of seven (7) members. One member shall be the designee of the Construction Industries Board. When the terms of the other members serving on the Committee expire or are vacated, members shall be appointed by the Board, which may also remove any appointed member for cause. Appointed members shall hold office for terms of four (4) years or until their successors are appointed.
Four appointed members shall be residents of this state and each shall have had at least five (5) years of practical experience as a building and construction inspector in the respective field of the inspector. Of these appointees, one member each shall be appointed from the plumbing, electrical, mechanical and structural professions. One appointed member shall be a municipal officer as defined in Section 1-102 of Title 11 of the Oklahoma Statutes, and one appointed member shall be a lay person.
Each member shall serve without pay but shall be reimbursed for his actual expenses in accordance with the State Travel Reimbursement Act.
Added by Laws 1989, c. 215, § 4, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 29, eff. Jan. 1, 2002.
§59-1035. Oklahoma Inspector Examiners Committee - Powers and duties.
The Oklahoma Inspector Examiners Committee shall have the power and duty:
1. To assist the Construction Industries Board in certifying, licensing and otherwise regulating persons employed as building and construction inspectors;
2. To assist the Board in establishing and administering examinations to applicants for an Oklahoma inspector's license;
3. To assist the Board in prescribing and adopting forms for certification and licensure applications;
4. To assist the Board by making recommendations concerning rules which establish standards of performance for building and construction inspectors;
5. To assist the Board in determining whether certification by a national certification program or licensing by another governmental entity should be approved as a substitute for a successful completion of the Oklahoma Inspector's Examination;
6. To investigate alleged violations of the provisions of the Oklahoma Inspectors Act and of any rules promulgated pursuant thereto; and
7. To have such other powers and duties as are necessary to implement the Oklahoma Inspectors Act.
Added by Laws 1989, c. 215, § 5, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 30, eff. Jan. 1, 2002.
§59-1036. Application for certification and license - Requirements - Provisional license - Examination - Nontransferability.
A. Applicants for certification and license shall:
1. Show proof of certification or licensing by a program or governmental entity approved by the Construction Industries Board; or
2. Have been certified by the Committee as having passed the examination.
The Board shall issue a license to any person who has met the requirements of paragraph 1 or 2 of this subsection and who has paid the fees required by the Oklahoma Inspectors Act and has otherwise complied with the applicable requirements of the Oklahoma Inspectors Act. Provided, the Board may issue a provisional license limited to two (2) years to enable an applicant to meet the certification requirements of this subsection.
B. Examinations shall be uniform and shall be practical in nature but shall be sufficiently strict to test the qualifications and fitness of the applicant as a building and construction inspector. The examination shall be in whole or in part in writing. Examination dates shall be set by the Committee. Any applicant failing to pass the examination shall not be permitted to take another examination for a period of thirty (30) days, and thereafter any such applicants subsequently failing to pass the examination shall not be permitted to take a subsequent examination for a period of ninety (90) days.
C. All licenses shall be nontransferable and it shall be unlawful for any holder of a license issued pursuant to the Oklahoma Inspectors Act to loan or allow the use of such license by any other person, firm or corporation.
Added by Laws 1989, c. 215, § 6, eff. Nov. 6, 1989. Amended by Laws 1995, c. 9, § 2, eff. Nov. 1, 1995; Laws 2001, c. 394, § 31, eff. Jan. 1, 2002.
§59-1037. Application forms - Fee - Renewal.
Application for examination, certification, or license or renewal of license shall be made to the Construction Industries Board in writing on forms furnished by the Board and each application shall be accompanied by a fee to be established by rule by the Board pursuant to Section 1000.5 of this title. Applicants for renewal may also be required to submit proof of compliance with continuing education requirements established by the Board.
Added by Laws 1989, c. 215, § 7, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 32, eff. Jan. 1, 2002; Laws 2002, c. 457, § 5, eff. July 1, 2002.
§59-1038. License - Expiration - Late renewal - Fee - Exemption for military service.
A. Until June 30, 2004, no license shall be issued for longer than one (1) year and all licenses shall expire on June 30 of each year. Beginning July 1, 2004, all licenses shall expire on the birth date of the licensee. The Construction Industries Board shall establish by rule a method for prorating license fees to coincide with the birth date of the licensee.
B. An application for the renewal of a license which is received more than thirty (30) days following the date of expiration and which is accompanied by a fee established pursuant to Section 1000.5 of this title, and proof of current continuing education requirements, may be accepted and the license reissued without examination.
C. The fee for late renewal and the continuing education requirements shall not be required of any holder of a license which expires while such holder is in military service, if application for renewal is made within one (1) year following the service discharge of such person.
Added by Laws 1989, c. 215, § 8, eff. Nov. 1, 1989. Amended by Laws 2003, c. 318, § 10, eff. Nov. 1, 2003.
§59-1039. Complaints - Investigation - Individual proceeding - Finding - Suspension or revocation of license - Other administrative penalties - Reapplication for license.
A. The Oklahoma Inspector Examiners Committee may, upon its own motion, and shall upon written complaint filed by any person, investigate inspection practices of any building and construction inspector.
B. The Committee may request that an individual proceeding be conducted to determine whether the licensee has:
1. Made a material misstatement in the application for license or renewal thereof;
2. Loaned or illegally used the license of the licensee;
3. Demonstrated incompetency to act as a building and construction inspector; or
4. Violated any provision of the Oklahoma Inspectors Act, or any rule promulgated or order issued pursuant to the Oklahoma Inspectors Act.
C. After a finding by an impartial hearing examiner that the licensee is guilty of any violation as provided for in subsection B of this section, the Construction Industries Board may:
1. Suspend or revoke the license;
2. Defer such suspension or revocation pending mitigating or remedial action by the licensee; or
3. Assess administrative penalties pursuant to the provisions of Section 1044 of this title.
D. Any person whose license has been revoked by the Board may not apply for a new license for at least one (1) year from the date of such revocation.
Added by Laws 1989, c. 215, § 9, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 33, eff. Jan. 1, 2002.
§591040. Acting as or performing work of building and construction inspector without a license Violation Effective date.
Beginning February 1, 1990, it shall be unlawful for any person to act as or perform the work of a building and construction inspector unless such person is qualified and licensed as a building and construction inspector pursuant to the Oklahoma Inspectors Act.
§59-1041. Employment of inspectors by municipality or other governmental entity - Notification of Commissioner - Exemption of municipalities under 10,000.
Any municipality or other governmental entity which employs any person as a building and construction inspector for functions normally performed by a building and construction inspector shall notify the Construction Industries Board of the employment.
Any municipality or other political subdivision of the state with a population of ten thousand (10,000) or less according to the most current census published by the Oklahoma Employment Security Board shall be exempt from the provisions of the Oklahoma Inspectors Act, unless such municipality or other political subdivision of the state employs the services of a circuit rider inspector.
Added by Laws 1989, c. 215, § 11, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 34, eff. Jan. 1, 2002.
§59-1042. Oklahoma Inspectors Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Construction Industries Board, to be designated the "Oklahoma Inspectors Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board from fees and fines collected pursuant to the Oklahoma Inspectors Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Construction Industries Board for the purpose of implementing the provisions of the Oklahoma Inspectors Act for the continuing education of building and construction inspectors, and for implementing programs designed to further the efficiency of the building and construction inspector profession and public understanding of the profession. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1989, c. 215, § 12, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 35, eff. Jan. 1, 2002; Laws 2004, c. 163, § 5, emerg. eff. April 26, 2004.
§591043. Nonapplicability to unincorporated areas of state.
This act shall not apply to unincorporated areas of this state.
§59-1044. Violations - Penalties.
Any person convicted of acting or performing as a building and construction inspector without the proper license shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), together with the costs of prosecution. Each day of violation shall constitute a separate offense.
Any entity who employs an unlicensed person to perform the duties and responsibilities of a building and construction inspector or who fails to notify the Construction Industries Board of the employment of an inspector shall be subject to an administrative fine of not more than Two Hundred Dollars ($200.00) for each violation. Each day a person is in violation may constitute a separate violation. The maximum fine shall not exceed One Thousand Dollars ($1,000.00).
Added by Laws 1989, c. 215, § 14, eff. Nov. 1, 1989. Amended by Laws 2001, c. 394, § 36, eff. Jan. 1, 2002.
§59-1045. Access to premises to be granted - Violation.
Any building and construction inspector licensed pursuant to Sections 1031 through 1044 of this title, shall be granted access within a reasonable period of time to perform an inspection for the purpose of enforcing compliance with the Oklahoma Inspectors Act. Pursuant to its authority under Section 1000.4 of Title 59 of the Oklahoma Statutes, the Construction Industries Board may initiate disciplinary proceedings, request prosecution of and initiate injunctive proceedings against any person who violates this provision.
Added by Laws 2002, c. 457, § 6, eff. July 1, 2002.
§59-1101. Short title - Declaration.
A. Sections 275 through 289 of this act shall be known and may be cited as the "Waterworks and Wastewater Works Operator Certification Act".
B. The Waterworks and Wastewater Works Operator Certification Act is declared to be necessary to safeguard life, health, and property, and to protect the waters of this state.
Added by Laws 1959, p. 269, § 1. Amended by Laws 1993, c. 145, § 275, eff. July 1, 1993.
§59-1102. Definitions.
A. As used in the Waterworks and Wastewater Works Operator Certification Act:
1. "Board" means the Environmental Quality Board of the State of Oklahoma;
2. "Certificate" means a certificate of competency issued as provided for herein;
3. "Department" means the Oklahoma Department of Environmental Quality;
4. "Executive Director" means the Executive Director of the Oklahoma Department of Environmental Quality;
5. "Helper" means any person who performs or assists in the performance of work which may affect the quality of either water or wastewater;
6. "Operator" means any person who is at any time responsible for the operation of a wastewater works or waterworks or associated laboratories, in part or in whole. Operator shall not ordinarily apply to an official exercising official general administrative supervision but shall include any person who can, through a direct act or command, affect the quality of the water or wastewater;
7. "Person" means and includes individuals, firms, partnerships, associations, and corporations; and also means and includes the State of Oklahoma, counties, districts, municipalities, and all subdivisions, districts, officers, agencies, departments, institutions, or instrumentalities of any thereof, whether governmental or proprietary;
8. "Wastewater works" means wastewater treatment systems and facilities used in the collection, transmission, storage, pumping, treatment or disposal of liquid or waterborne wastes, except as provided in subsection B of this section; and
9. "Waterworks" means facilities used in the procurement, treatment, storage, pumping or distribution of water for human consumption, except as provided in subsection B of this section.
B. The words "waterworks", or "wastewater works" shall not include:
1. Any waterworks used exclusively by a private residence or a private business or industry, except when a waterworks has fifteen or more permanent or temporary service connections available for residential use, or regularly serves twenty-five or more of the same individuals at least six (6) months in a year;
2. Any nonindustrial wastewater works treatment system which has an average flow of five thousand (5,000) gallons per day or less;
3. Any industrial wastewater works; and
4. Such classes of systems, which because of their size, type of treatment, or the nature of wastes involved, the Board shall find do not require general supervision by a certified operator in order to safeguard life, health, property, or the water supplies or streams of this state. Such classes shall be fixed by rules promulgated by the Board.
Added by Laws 1959, p. 270, § 2. Amended by Laws 1965, c. 88, § 1, emerg. eff. May 5, 1965; Laws 1978, c. 166, § 1, eff. July 1, 1978; Laws 1993, c. 145, § 276, eff. July 1, 1993; Laws 1993, c. 324, § 50, eff. July 1, 1993; Laws 2005, c. 138, § 2, eff. Nov. 1, 2005.
§59-1103. Waterworks and Wastewater Works Advisory Council.
A. The Waterworks and Wastewater Works Advisory Council is hereby re-created, to continue until July 1, 2008, in accordance with the provisions of the Oklahoma Sunset Law. The Advisory Council shall consist of nine (9) members appointed as follows:
1. The Governor shall appoint three members as follows:
a. one member who holds a certificate under the terms and conditions of which he could lawfully be the operator of a municipal waterworks for an initial term of three (3) years,
b. one member representing higher education and the Environmental Training Center for the State of Oklahoma for an initial term of two (2) years, and
c. one member appointed from a list of six or more nominees submitted by the Oklahoma Municipal League;
2. The President Pro Tempore of the Senate shall appoint three members as follows:
a. two members appointed from a list of twelve or more nominees submitted by the Oklahoma Water and Pollution Control Association, and
b. one member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association;
3. The Speaker of the House of Representatives shall appoint three members as follows:
a. one member who holds a certificate under the terms and conditions of which he could lawfully be the operator of a municipal waterworks for an initial term of three (3) years,
b. one member who holds a certificate under the terms and conditions of which he could lawfully be the operator of a municipal wastewater works for an initial term of two (2) years, and
c. one member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association.
B. Persons serving on the Waterworks and Wastewater Works Advisory Council as of June 30, 1993, shall continue to serve on such Council for terms stated below unless a vacancy is created by resignation, death or any other cause resulting in an unexpired term. Such vacancy shall be filled by appointment as provided in subsection A of this section for a term of three (3) years. Members continuing to serve are:
1. One member appointed from a list of six or more nominees submitted by the Oklahoma Municipal League, whose term shall expire June 30, 1994, and whose successor shall be appointed by the Governor;
2. One member appointed from a list of twelve or more nominees submitted by the Oklahoma Water and Pollution Control Association, whose term shall expire June 30, 1994, and whose successor shall be appointed by the President Pro Tempore of the Senate;
3. One member appointed from a list of twelve or more nominees submitted by the Oklahoma Water and Pollution Control Association, whose term shall expire June 30, 1995, and whose successor shall be appointed by the President Pro Tempore of the Senate;
4. One member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association, whose term shall expire June 30, 1996, and whose successor shall be appointed by the President Pro Tempore of the Senate; and
5. One member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association, whose term shall expire June 30, 1994, and whose successor shall be appointed by the Speaker of the House of Representatives.
C. Each member shall be appointed to serve a term of office of three (3) years, except that the term of those first appointed shall expire as specified in subsection A above. Any vacancy shall be filled pursuant to subsection A of this section.
D. The Council shall elect a chair and vice-chair from among its members. Five members shall constitute a quorum. Each Council shall meet as required for rule development, review and recommendation and for such other purposes specified by law. Special meetings may be called by the chair or by the concurrence of any three members.
E. Of the nominees on each list referenced in subsection A of this section, one-third shall be individuals certified as competent to operate a municipal waterworks and one-third shall be individuals certified as competent to operate municipal wastewater works.
F. Members of the Council shall serve without compensation but may be reimbursed expenses incurred in the performance of their duties as provided by the State Travel Reimbursement Act. The Council is authorized to utilize the conference rooms of the Department and obtain administrative assistance from the Department as required.
G. The Council shall not recommend rules for promulgation of the Environmental Quality Board unless all applicable requirements of the Administrative Procedures Act have been followed including requirements relating to, but not limited to, notice, rule impact statement and rulemaking hearings. The Council shall perform the duties specified in subsection I of Section 2-2-201 of Title 27A of the Oklahoma Statutes for the Department of Environmental Quality Advisory Councils and shall perform other duties as may be assigned to it by the Department.
Added by Laws 1959, p. 270, § 3. Amended by Laws 1978, c. 166, § 2, eff. July 1, 1978; Laws 1984, c. 114, § 1, eff. July 1, 1984; Laws 1985, c. 178, § 40, operative July 1, 1985; Laws 1990, c. 5, § 1, operative July 1, 1990; Laws 1993, c. 145, § 277, eff. July 1, 1993; Laws 1993, c. 324, § 51, emerg. eff. June 7, 1993; Laws 1994, c. 353, § 30, eff. July 1, 1994; Laws 1996, c. 64, § 1; Laws 2002, c. 106, § 1.
§59-1104. Rules and regulations.
The Board shall have the power and duty to promulgate such rules, including the establishment of a fee schedule pursuant to Section 24 of this act, as it may deem necessary to the carrying out of the provisions and purposes of the Waterworks and Wastewater Works Operator Certification Act.
Added by Laws 1959, p. 271, § 4. Amended by Laws 1993, c. 145, § 278, eff. July 1, 1993.
§59-1105. Powers and duties of Department.
In addition to the other powers conferred by the Waterworks and Wastewater Works Operator Certification Act, the Department shall have the following powers and duties:
1. To institute in any court of competent jurisdiction such actions or proceedings, including but not limited to actions and proceedings for mandatory or prohibitory injunctions or mandamus, as it may deem necessary either to enforce or to prevent violation of any provision of this act or of any rule or order made thereunder, or to enforce any subpoena or order issued or made under authority of the Waterworks and Wastewater Works Operator Certification Act;
2. To conduct and cooperate with others in conducting educational and training programs, including itinerant training programs or district meetings, concerning plant operation and related subjects;
3. To employ such personnel, incur such expenses, and purchase such personal property as may be necessary for the purposes of this act, insofar as funds are lawfully available therefor;
4. To prescribe such procedures and forms as may be necessary to the administration of the Waterworks and Wastewater Works Operator Certification Act;
5. To prescribe the form and content of, and to grade and determine the criteria for the successful completion of, examinations given to applicants and to provide for the confidentiality of examinations and individual test scores;
6. To perform such other acts as shall be necessary for the accomplishment of the purposes of the Waterworks and Wastewater Works Operator Certification Act;
7. To enforce the provisions of the Waterworks and Wastewater Works Operator Certification Act, rules promulgated thereunder and orders, certifications and registrations issued pursuant thereto; and
8. To conduct voluntary certification programs, certification programs specifically authorized by state statute, and certification programs promulgated by the Environmental Quality Board pursuant to a federal regulation or requirement; and to issue, renew or reactivate certificates and to register persons employed as helpers pursuant to such programs.
Added by Laws 1959, p. 271, § 5. Amended by Laws 1993, c. 145, § 279, eff. July 1, 1993; Laws 1994, c. 353, § 31, eff. July 1, 1994.
§59-1106. Unlawful acts - Necessity for certificate.
A. Except as otherwise provided in the Waterworks and Wastewater Works Operator Certification Act, it shall be unlawful:
1. For any person to employ or appoint or vote for or approve the employment or appointment of any person as an operator of a waterworks or wastewater works who does not possess a valid current certificate issued under the Waterworks and Wastewater Works Operator Certification Act, which certifies the operator's competency to operate a waterworks or wastewater works for which the operator is employed or appointed as operator; or to employ or appoint a person as an operator of a waterworks or wastewater works or vote for or approve the employment or appointment of any person as an operator of a waterworks or wastewater works contrary to the terms and conditions of the certificate held by such person;
2. For any person to be the operator of a waterworks or wastewater works for the operation of which the person does not hold a required certificate, or to be the operator of any waterworks or wastewater works contrary to any of the terms and conditions of the operator's certificate; or
3. For any person to violate any rule or order made under the authority of the Waterworks and Wastewater Works Operator Certification Act or any certificate issued pursuant thereto.
B. Paragraphs 1 and 2 of subsection A of this section shall apply to a waterworks or wastewater works employing a superintendent of the waterworks or wastewater works who has not obtained the proper level of certification within six (6) months of employment as superintendent. The Environmental Quality Board may, by rule, limit the number of times this six-month exemption is available to a waterworks and wastewater works.
C. The provisions of this section shall not affect the practice of engineering by a professional engineer.
D. A plumber licensed pursuant to the Plumbing License Law of 1955 shall not be required to hold any waterworks or wastewater operator certificate in order to make connections to public water systems or lines or sewer systems or lines.
Added by Laws 1959, p. 271, § 6. Amended by Laws 1978, c. 166, § 3, eff. July 1, 1978; Laws 1993, c. 145, § 280, eff. July 1, 1993; Laws 1993, c. 324, § 52, eff. July 1, 1993; Laws 1994, c. 353, § 32, eff. July 1, 1994; Laws 1996, c. 115, § 1, emerg. eff. April 18, 1996; Laws 1999, c. 204, § 1, emerg. eff. May 24, 1999.
§59-1107. Application for certificate - Qualifications - Renewals, expiratrion.
A. Upon application, made upon a form to be prescribed by the Department, by an individual not less than eighteen (18) years of age, the Department shall issue a certificate when the applicant has paid a nonrefundable application fee and has met any one of the following qualifications:
1. An applicant who successfully completes training and examination as prescribed by the Department; or
2. An applicant who holds a license or certificate issued by any other state or territory of the United States, and currently valid at the time he makes application hereunder, similar to a certificate provided for herein, where the requirements of such other state or territory for the issuance of a license or certificate, at the time such applicant received said license or certificate, were of a level found by the Department to be the equivalent of the standards required hereby for a certificate of similar kind. Provided, however, that no certificate shall be issued under this paragraph unless the holder of a certificate under this act would be issued a similar license or certificate by such other state or territory under substantially the same conditions.
B. All fees shall be deposited in the Certification Fund.
C. Any certificate issued under this section shall be renewable annually for the period from July 1 to June 30.
D. A certificate shall be renewed upon approval of the Department. Application for such renewal shall be submitted to the Department on forms prescribed by the Department, shall be accompanied by a renewal fee as set by the Board and shall include documentation that the applicant has met the annual renewal training requirements of the Department. The Department may allow a thirty-one-day grace period for such renewals, from July 1 through July 31, without requiring payment of a late fee as set by the Board, provided the applicant submits the required renewal fee and qualifies for such renewal.
E. A certificate which is not so renewed by July 31 shall have no further force, effect or validity unless the Department, upon receipt of an application from the holder of the expired certificate within two (2) years after the certificate's June 30 renewal date, reactivates such certificate. Such reactivation application shall include the submission of data on forms prescribed by the Department, renewal and reactivation late fees as set by the Board, and documentation that the applicant has met the Department's renewal training requirements. A reactivated certificate may be renewed annually thereafter as provided in this section.
F. The holder of an expired and unreactivated certificate shall not be issued any new certificate unless he applies and qualifies therefor pursuant to the Waterworks and Wastewater Works Operator Certification Act.
Added by Laws 1959, p. 271, § 7. Amended by Laws 1965, c. 88, § 2, emerg. eff. May 5, 1965; Laws 1978, c. 166, § 4, eff. July 1, 1978; Laws 1993, c. 145, § 281, eff. July 1, 1993; Laws 1994, c. 353, § 33, eff. July 1, 1994.
§59-1108. Temporary permit for operation of waterworks or wastewater works.
Any individual who, after the effective date of this act, is employed or appointed as operator of a waterworks or wastewater works for the operation of which he does not hold a certificate, or the operation of which would be contrary to the terms and conditions of any certificate held by such individual, shall be issued a temporary certificate for the operation of such works by the Department upon satisfactory application made therefor within ten (10) days after initial employment or appointment of such individual as the operator of such works, accompanied by a fee as set by the Board. Such application shall be made under oath, and shall provide in addition any information required by the Department. Said temporary certificate shall expire one (1) calendar year after the date of the applicant's initial employment as the operator of such works, and shall not be renewable. If such application is not made within said ten (10) days, then the continuation of such individual as the operator of such works after said ten (10) days shall be unlawful and shall constitute a violation of this act by both said individual and the person owning or maintaining such works. If the issuance of such temporary certificate is refused for any lawful reason, then the continuation of such individual as the operator of such works after thirty (30) days after the Department has mailed notice of such refusal to the person owning or maintaining such works, and to such applicant, shall be unlawful and shall constitute a violation of this act by both said individual and the person owning or maintaining such works. Not more than one temporary certificate shall be issued to the same individual during any five-year period. This section shall not be applicable to or authorize the issuance of a temporary certificate to any individual who has had a certificate revoked or whose certificate is under suspension, or to whom the issuance or renewal or reactivation of a certificate has been refused, under Section 1113 of this title, except where such individual has thereafter been reinstated or issued a certificate as provided in the Waterworks and Wastewater Works Operator Certification Act.
Added by Laws 1959, p. 272, § 8. Amended by Laws 1993, c. 145, § 282, eff. July 1, 1993; Laws 1993, c. 324, § 53, eff. July 1, 1993.
§59-1109. Certificates may contain conditions or restrictions.
Any certificate issued pursuant to the Waterworks and Wastewater Works Operator Certification Act may contain such conditions or restrictions as the Department shall deem necessary or appropriate.
Added by Laws 1959, p. 273, § 9. Amended by Laws 1993, c. 145, § 283, eff. July 1, 1993.
§59-1110. Certificate issued to individuals only.
A certificate shall not be issued pursuant to the provisions of the Waterworks and Wastewater Works Operator Certification Act to any person other than an individual.
Added by Laws 1959, p. 273, § 10. Amended by Laws 1993, c. 145, § 284, eff. July 1, 1993.
§59-1111. Refusal to issue, renew, reinstate, reactivate or to revoke or suspend certificate - Grounds - Notice and proceedings.
The Department shall have power to refuse to issue, renew, reinstate or reactivate or, after notice and opportunity for an individual proceeding as provided in the Administrative Procedures Act, the Oklahoma Environmental Quality Code and rules of the Board, to revoke or suspend any certificate for good cause including but not limited to:
1. Gross inefficiency or incompetence;
2. Violation of any provisions of the Waterworks and Wastewater Works Operator Certification Act or applicable provisions of the Oklahoma Environmental Quality Code, rules promulgated thereunder or the terms of any certificate or order issued pursuant thereto; or
3. Fraud or misrepresentation in obtaining a certificate.
Added by Laws 1959, p. 273, § 11. Amended by Laws 1993, c. 145, § 285, eff. July 1, 1993; Laws 1994, c. 353, § 34, eff. July 1, 1994.
§59-1112. Renewal, reactivation or reinstatement of certificate.
After the expiration of one (1) year after the Department denies an application for certification, renewal or reactivation or revokes a certificate pursuant to the Waterworks and Wastewater Works Operator Certification Act, the holder of such certificate may make application to the Department for renewal, reactivation or reinstatement. Such renewal, reactivation or reinstatement shall rest in the sound discretion of the Department.
Added by Laws 1959, p. 274, § 12. Amended by Laws 1993, c. 145, § 286, eff. July 1, 1993.
§59-1113. Certification Fund - Created - Receipts - Disbursements - Use of fund for training program.
There is hereby created a revolving fund in the State Treasury to be known as the "Certification Fund". Said fund shall consist of all monies appropriated to said fund, and all fees collected under the provisions of this act. Said fund shall be under the control and supervision of the Department, and shall be paid out on claims approved by the Department and forwarded to the Director of State Finance who shall audit the same, and, upon approval thereof, warrants shall be issued according to law, and said warrants shall be paid by the State Treasurer from the said fund. The said fund shall be expended for training programs including itinerant training programs, meetings, personnel, expenses, and purchase of personal property, to carry out the purposes of the Waterworks and Wastewater Works Operator Certification Act, and for no other purpose. Nothing herein shall prevent the expenditure of other funds of the Department or of the Board, the expenditure of which is not otherwise restricted, from being expended to accomplish the purposes of the Waterworks and Wastewater Works Operator Certification Act.
Added by Laws 1959, p. 274, § 13. Amended by Laws 1993, c. 145, § 287, eff. July 1, 1993.
§591114. Powers of Commissioner subject to rules and regulations of Board.
The powers herein granted to the Commissioner shall be exercised subject to such rules and regulations as the Board may make, which are applicable thereto.
Laws 1959, p. 274, § 14.
§59-1115. Violations and penalties.
Any public officer who shall knowingly violate any provision of the Waterworks and Wastewater Works Operator Certification Act shall upon conviction thereof be guilty of a misdemeanor. If any county, district, municipality, or any agency or instrumentality thereof, or any state board, institution, agency, instrumentality, or commission shall violate any provision of the Waterworks and Wastewater Works Operator Certification Act, each of the members of the governing board thereof who shall vote for or otherwise approve of such violation shall upon conviction thereof be guilty of a misdemeanor. Every other person who shall violate any provision of the Waterworks and Wastewater Works Operator Certification Act shall upon conviction thereof be guilty of a misdemeanor. Any person guilty of a misdemeanor hereunder shall, upon conviction thereof, be punished by a fine of not to exceed One Hundred Dollars ($100.00), or by imprisonment in the county jail for not to exceed thirty (30) days, or by both such fine and imprisonment.
Added by Laws 1959, p. 274, § 15. Amended by Laws 1993, c. 145, § 288, eff. July 1, 1993.
§59-1117. Registration of helpers - Reporting list of helpers.
A. A helper shall register annually with the Department. Any registered helper shall work only under the direct supervision of a certified operator.
B. Any authority, company, district, county, municipality, individual or agency providing water or wastewater services shall report a list of all helpers in its employment as of the first day of July of each year together with a registration fee for each such helper and such other information as may be required by the Department.
Added by Laws 1978, c. 166, § 5, eff. July 1, 1978. Amended by Laws 1993, c. 145, § 289, eff. July 1, 1993.
§59-1150.1. Short title.
Sections 1150.1 through 1150.13 of this title shall be known and may be cited as the "Oklahoma Sanitarian and Environmental Specialist Registration Act".
Added by Laws 1993, c. 145, § 290, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 1, eff. Nov. 1, 1995.
§59-1150.2. Definitions.
For the purposes of the Oklahoma Sanitarian and Environmental Specialist Registration Act:
1. "Board" means the State Board of Health of the State of Oklahoma;
2. "Commissioner" means the State Commissioner of Health of the State of Oklahoma;
3. "Council" means the Sanitarian and Environmental Specialist Registration Advisory Council;
4. "Executive Director" means the Executive Director of the Department of Environmental Quality;
5. "Person" means individuals;
6. "Registration" means a certificate issued pursuant to the Oklahoma Sanitarian and Environmental Specialist Registration Act; and
7. "Sanitarian or environmental specialist" means a person uniquely qualified by education in the sciences, specialized training, and documented field experience to effectively plan, organize, manage, execute and evaluate one or more of the many diverse elements comprising the fields of public health or environmental protection or both public health and environmental protection. The term "sanitarian or environmental specialist" may be interpreted to include environmental sanitarian, environmental protection specialist, environmental health specialist or other similar terms.
Added by Laws 1988, c. 225, § 17. Amended by Laws 1993, c. 145, § 291, eff. July 1, 1993. Renumbered from Title 63, § 1-2201 by Laws 1993, c. 145, § 360, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 2, eff. Nov. 1, 1995.
§59-1150.3. Promulgation of rules.
The State Board of Health in conjunction with the Sanitarian and Environmental Specialist Registration Advisory Council is hereby authorized to promulgate rules governing the examination and registration of sanitarians and environmental specialists, and the defining of categories and limitations for such registration and providing continuing education requirements for the renewal of registration.
Added by Laws 1993, c. 145, § 292, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 3, eff. Nov. 1, 1995.
§59-1150.4. Intent of Legislature - Disposition of fees collected.
A. It is the intent of the Legislature that the Council and the registration of sanitarians and environmental specialists pursuant to the provisions of the Oklahoma Sanitarian and Environmental Specialist Registration Act shall constitute a section of the Occupational Licensing Division of the Oklahoma State Department of Health.
B. Fees collected pursuant to the provisions of the Oklahoma Sanitarian and Environmental Specialist Registration Act shall be determined by the Board in conjunction with the Council pursuant to Article I of the Administrative Procedures Act.
Added by Laws 1993, c. 145, § 293, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 4, eff. Nov. 1, 1995.
§59-1150.5. Sanitarian and Environmental Specialist Registration Advisory Council.
A. There is hereby created the "Sanitarian and Environmental Specialist Registration Advisory Council", which shall consist of nine (9) members as follows:
1. One member shall be the Commissioner of Health or designated representative;
2. One member shall be the Executive Director of the Department of Environmental Quality or designee;
3. One member shall be the Administrator of the Office of Personnel Management or designee;
4. One member who shall be appointed for an initial term of three (3) years by the Director of the City-County Health Department of Oklahoma County;
5. One member who shall be appointed for an initial term of three (3) years by the Director of the Tulsa City-County Health Department;
6. Two members shall be employed by state government who shall be appointed by the Commissioner for an initial term of two (2) years each; and
7. Two members, for an initial term of one (1) year each, who shall be appointed by the Executive Director of the Department of Environmental Quality, one who is employed by private industry and one who is employed by the Indian Health Service of the Public Health Service or by a tribal government with an office in the State of Oklahoma.
B. With the exception of paragraph 3 of subsection A of this section all of the members shall have at least five (5) years of experience as registered sanitarians or environmental specialists.
C. After expiration of one initial term of office, the term of office of each appointed member shall be for three (3) years. Each appointed member shall hold office until his successor is appointed and has qualified under the Oklahoma Sanitarian and Environmental Specialist Registration Act. The initial term for all appointed members shall begin January 1, 1996.
D. Sixty (60) days prior to the expiration of the term to be filled or whenever a vacancy occurs, any statewide organization whose membership represents more than twenty percent (20%) of the registered sanitarians and environmental specialists in the state may recommend three persons for such position or vacancy to the appointing authority.
E. Appointed members of the Council may be removed from office by the appointing authority.
F. The members of the Council shall serve without pay but may be reimbursed for actual expenses pursuant to the State Travel Reimbursement Act.
G. The Council shall elect from among its membership a chair, vice-chair and secretary to serve a term of not more than one (1) year ending on July 1 of the year designated by the Council. Members may be elected for more than one term. The chair or vice-chair shall preside at all meetings. The chair, vice-chair and secretary shall perform such duties as may be decided by the Council in order to effectively administer the Oklahoma Sanitarian and Environmental Specialist Registration Act.
H. A majority of Council members shall constitute a quorum to transact official business.
I. The Council shall meet within sixty (60) days after the effective date of this act and shall meet thereafter at such times as the Council deems necessary to implement the Oklahoma Sanitarian and Environmental Specialist Registration Act.
Added by Laws 1993, c. 145, § 294, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 5, eff. Nov. 1, 1995.
§59-1150.6. Powers and duties of Council.
Pursuant to the Oklahoma Sanitarian and Environmental Specialist Registration Act, the Council shall have the power and duty to:
1. Assist and advise the Board on all matters relating to the formulation of rules in accordance with this act;
2. Administer and develop the examinations of applicants for registration pursuant to this act;
3. Determine qualifications of applicants for registration pursuant to this act;
4. Prescribe and adopt forms for registration applications and initiate mailing of the application forms to all persons requesting applications;
5. Investigate alleged violations of the provisions of this act and of any rules promulgated by the Board thereunder;
6. Assist the Board in establishing categories of registrations and application requirements for each category including but not limited to education, experience requirements, and examinations; and
7. Have such other powers and duties as is necessary to implement this act.
Added by Laws 1993, c. 145, § 295, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 6, eff. Nov. 1, 1995.
§59-1150.7. Certificate of registration - Qualifications - Issuance - Sanitarian- or environmental specialist-in-training.
A. Applicants for certificate of registration as a sanitarian or environmental specialist shall be approved for registration by the Council upon compliance with the following:
1. Have two (2) years of postgraduate, full-time experience working in the fields of public health or environmental protection;
2. Have a four-year baccalaureate degree with a major in public health, environmental health, environmental science, physical science, natural science, biological science, agricultural science, or equivalent, from an accredited college or university with at least thirty (30) semester hours of work in physical, natural and biological sciences, public health and/or environmental health or environmental protection or both environmental health and environmental protection;
3. Pass an examination prescribed by the Council, demonstrating knowledge and understanding of the principles of sanitation and of the physical, biological and environmental sciences; and
4. Pay applicable examination and registration fees.
B. Upon compliance with subsection A of this section, the Commissioner shall issue a certificate of registration as a registered professional sanitarian or registered professional environmental specialist. The area of specialization, if any, shall be designated on the certificate.
C. Applicants who, except for the experience requirement, meet all qualifications for registration as required in this section may be granted a certificate as a sanitarian- or environmental specialist-in-training, which certificate shall remain in effect, unless revoked by the Commissioner, for a period not to exceed thirty (30) months after date of issue.
Added by Laws 1988, c. 225, § 18. Amended by Laws 1993, c. 145, § 296, eff. July 1, 1993. Renumbered from Title 63, § 1-2202 by Laws 1993, c. 145, § 360, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 7, eff. Nov. 1, 1995.
§59-1150.8. Examinations.
A. Examinations shall be uniform and practical in nature and shall be sufficiently strict to test the qualifications and fitness of the applicants for registration. Examinations shall be in whole or in part in writing. The Council shall conduct examinations twice a year and at such other times as it deems necessary. Examinations may be general or specific to an area of specialization.
B. Any applicant initially failing to pass the examination shall not be permitted to take another examination for a period of thirty (30) days. Any applicant subsequently failing to pass the examination shall not be permitted to take another examination for a period of ninety (90) days.
Added by Laws 1993, c. 145, § 297, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 8, eff. Nov. 1, 1995.
§59-1150.9. Criteria for issuance of registration - Nontransferability - Registration without examination or additional fees.
A. The Commissioner shall issue a certificate of registration as a sanitarian or environmental specialist to any person who:
1. Has been certified by the Council as having a current valid registration in good standing issued by another entity with registration requirements similar to but not less than those provided in the Oklahoma Sanitarian and Environmental Specialist Registration Act; and
2. Has paid the registration fee and otherwise complied with the provisions of the Oklahoma Sanitarian and Environmental Specialist Registration Act.
B. No registration shall be issued unless the holder of a registration pursuant to the Oklahoma Sanitarian and Environmental Specialist Registration Act would be issued a similar registration by such other body under substantially the same conditions.
C. All registrations shall be nontransferable. It shall be a misdemeanor for any person registered pursuant to the provisions of the Oklahoma Sanitarian and Environmental Specialist Registration Act to loan or allow the use of such registration by any other person.
D. Until January 1, 1994, the Council shall, upon proper application, issue registrations without examinations and without payment of additional fees to persons who prior to October 1, 1993, hold unexpired registrations as sanitarians issued by the Commissioner, and who have otherwise complied with the requirements of the Oklahoma Sanitarian Registration Act as of October 1, 1993. This registration must be produced as a prerequisite to obtaining a registration pursuant to the Oklahoma Sanitarian and Environmental Specialist Registration Act.
Added by Laws 1993, c. 145, § 298, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 9, eff. Nov. 1, 1995.
§59-1150.10. Repealed by Laws 1995, c. 91, § 12, eff. Nov. 1, 1995.
§59-1150.11. Repealed by Laws 1995, c. 91, § 12, eff. Nov. 1, 1995.
§59-1150.12. Use of title and abbreviation R.P.S. or R.P.E.S.
Only a person who has qualified as a registered sanitarian or environmental specialist and who holds a valid current registration certificate for use in this state shall have the right and privilege of using the title Registered Professional Sanitarian or Registered Professional Environmental Specialist and to use the abbreviation R.P.S. or R.P.E.S. after the name of such person. Any person who violates the provisions of this section, upon conviction thereof, shall be guilty of a misdemeanor.
Added by Laws 1993, c. 145, § 301, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 10, eff. Nov. 1, 1995.
§59-1150.13. Revocation or suspension of registration.
A. The Commissioner shall have the power to revoke the certificate of registration of any registrant pursuant to this section.
B. The Commissioner shall suspend or revoke or not renew any registration for:
1. Fraud or deceit in obtaining a registration;
2. Making a material misstatement in the application for a registration, or the renewal of a registration;
3. Loaning or illegally using a registration;
4. Demonstrating incompetence, or any gross negligence or misconduct in the profession of Registered Professional Sanitarian or Registered Professional Environmental Specialist; or
5. Violating any provisions of the Oklahoma Sanitarian and Environmental Specialist Registration Act, or any rule, or order prescribed by the Board promulgated thereto.
C. Any person whose registration has been revoked by the Commissioner may apply for a new registration one (1) year from the date of such revocation.
Added by Laws 1993, c. 145, § 302, eff. July 1, 1993. Amended by Laws 1995, c. 91, § 11, eff. Nov. 1, 1995.
§59-1150.14. Soil tests to design sewage disposal systems for compensation.
Individuals registered under the Oklahoma Sanitarian and Environmental Specialist Registration Act who are employed by the State of Oklahoma may perform soil tests to design sewage disposal systems for compensation during hours when they are not officially on work status as a state employee, as defined by a state agency's policy and procedures. This section shall not preclude the State of Oklahoma from receiving compensation for soil tests performed by these individuals as part of their official state employment duties.
Added by Laws 2001, c. 245, § 2, eff. Nov. 1, 2001. Amended by Laws 2005, c. 187, § 1, emerg. eff. May 17, 2005.
§59-1158. Installers of individual sewage disposal systems - Certification - Penalties.
A. On and after July 1, 2002, any person, before engaging in the installation of individual sewage disposal systems, shall first obtain certification from the Department of Environmental Quality under such rules as may be promulgated by the Environmental Quality Board. The provisions of this subsection shall only apply to persons who install more than ten individual sewage disposal systems per calendar year. As used in this section, "individual sewage disposal systems" means a sewage disposal system that serves an individual residence or duplex and is not available for use by the general public.
B. Environmental Specialists employed by the Department of Environmental Quality may perform soil profile descriptions to design individual and other subsurface sewage disposal systems. Any other individual choosing to perform soil profile descriptions to design individual and other subsurface sewage disposal systems shall first be certified by the Department of Environmental Quality under such rules as may be promulgated by the Environmental Quality Board.
C. The Environmental Quality Board shall promulgate rules that shall include, but not be limited to, the following:
1. Establishment of minimum requirements for each type of certification;
2. Establishment of a procedure and schedule for the assessment of penalties for failure to comply with this section or rules promulgated pursuant thereto;
3. Establishment of procedures for suspension, revocation and nonrenewal of a certification; and
4. A requirement that an annual fee, as set by the Environmental Quality Board pursuant to Section 2-3-402 of Title 27A of the Oklahoma Statutes, shall be paid to the Department of Environmental Quality for each certification.
D. The Water Quality Management Advisory Council shall recommend proposed rules to the Environmental Quality Board pursuant to Section 2-2-201 of Title 27A of the Oklahoma Statutes.
E. The Department of Environmental Quality may, after notice and opportunity for a hearing pursuant to the Administrative Procedures Act, assess administrative penalties and may revoke, suspend or deny renewal of a certification pursuant to Section 2-3-502 of Title 27A of the Oklahoma Statutes for any violation of this section or rules promulgated pursuant thereto. Such administrative penalties shall be deposited as provided in Section 2-3-401 of Title 27A of the Oklahoma Statutes.
Added by Laws 2001, c. 245, § 3, eff. Nov. 1, 2001.
§591201. License required Purpose of act.
No person shall use in connection with his name or otherwise assume, use, or advertise any title or description that he is a registered forester, unless he shall be licensed as hereinafter provided. Nothing contained in this act shall be construed as preventing any person, firm, partnership, or corporation from practicing forestry, landscape architecture, or managing woodlands, forest, or trees, or from operating the removal of any products therefrom, or planting trees on any plat of land, in any manner desired. This act is for the benefit and protection of the public.
Laws 1963, c. 92, § 1, emerg. eff. May 27, 1963.
§591202. Definitions.
As used in this act: (1) the term "forester" means a person who, by reason of his knowledge of the natural sciences, mathematics, and the principles of forestry, acquired by forestry education, as set forth in Section 12, (1) of this act, and/or practical experience is qualified to engage in the practice of professional forestry as hereinafter defined; (2) the term "registered forester" means a person who has been licensed pursuant to the act; (3) the term "practice of professional forestry" means professional forestry services, including but not limited to consultation, investigation, evaluation, planning, or responsible supervisions of any forestry activities when such professional services require the application of forestry principles and techniques; and (4) the term "Board" means the State Board of Registration for registered foresters.
Laws 1963, c. 92, § 2, emerg. eff. May 27, 1963.
§591203. State Board of Registration for Foresters - Creation - Membership - Tenure.
A. A State Board of Registration for Foresters is hereby created, to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law, whose duty it shall be to administer the provisions of Sections 1201 through 1220 of this title.
B. On the effective date of this act:
1. The persons serving on the Board on June 30, 1988, shall continue to serve the full terms for which they were originally appointed until their successors have been duly appointed and approved with the advice and consent of the Senate. All future Boards shall continue the staggered terms of office established for the State Board of Registration for Foresters prior to July 1, 1988.
2. Any actions taken by any state agency on behalf of the State Board of Registration for Foresters or in an attempt to enforce the provisions of Sections 1201 through 1220 of this title shall be subject to review by the Board on and after the effective date of this act. Any such acts may be rescinded or modified as deemed appropriate by the Board, provided that such action shall not affect any accrued right, or penalty incurred, or proceeding begun between July 1, 1988, and the effective date of this act.
3. All funds collected after June 30, 1988, equipment, files, fixtures, furniture, and supplies of the Board which were transferred to the Department of Central Services or State Treasury pursuant to Section 3909 of Title 74 of the Oklahoma Statutes shall be returned to the care and custody of the Board on the effective date of this act.
4. All orders, determinations, rules, regulations, permits, certificates, licenses, contracts, rates, and privileges which have been issued, made, granted, or allowed by the Board and are in effect on June 30, 1988, shall continue in effect according to their terms until further action is taken by the Board after the effective date of this act or as modified by law.
C. The Board shall consist of five (5) foresters who shall be selected and appointed by the Governor of Oklahoma, with the advice and consent of the Oklahoma State Senate, and who shall possess the qualifications set forth pursuant to the provisions of Section 1204 of this title. Each qualified member of the Board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duties.
D. The five members of the initial Board appointed after the creation of the Board on May 27, 1963, shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years respectively. The initial Board and all future Boards shall always be composed of at least one member from each of the following fields: education, industry and public agency. On the expiration of the term of any member of the initial Board, the Governor shall, in the manner hereinbefore provided, appoint for a term of five (5) years a registered forester having the qualifications set forth in Section 1204 of this title to take the place of the member whose term on said Board is expiring. Each member shall hold office until the expiration of the term for which such member is appointed and until a successor shall have been duly appointed and qualified.
Added by Laws 1963, c. 92, § 3, emerg. eff. May 27, 1963. Amended by Laws 1981, c. 228, § 1, emerg. eff. June 22, 1981; Laws 1988, c. 225, § 13; Laws 1993, c. 90, § 1, emerg. eff. April 18, 1993; Laws 1999, c. 13, § 1; Laws 2005, c. 25, § 1.
§591204. Qualifications of Board members.
Each member of the Board shall be a citizen of the United States and a resident of this state, qualify as a forester under the terms of this act, and shall have been engaged in the practice of professional forestry for at least ten years.
Laws 1963, c. 92, § 4, emerg. eff. May 27, 1963.
§591206. Removal of members Vacancies.
The Governor may remove any member of the Board for official misconduct, incompetency, or neglect of duty. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment only in the manner provided by this act for the appointment of members of the Board.
Laws 1963, c. 92, § 6, emerg. eff. May 27, 1963.
§591207. Meetings Notice Officers Quorum.
The members of the initial Board shall be named and appointed by the Governor within thirty (30) days after the effective date of this act. The Board shall hold a meeting within thirty (30) days after its members are first appointed and thereafter the Board shall hold at least two regular meetings each year. Meetings shall be held at such time and place as the bylaws of the board may provide. Notice of all meetings shall be given in such manner as the bylaws may provide. The Board shall elect annually the following officers: a chairman, a vicechairman, and a secretary. A quorum of the Board shall consist of a majority of the qualified members serving thereon.
Laws 1963, c. 92, § 7, emerg. eff. May 27, 1963.
§591208. Powers of Board Witnesses Subpoenas.
The Board shall have the power to make all bylaws and rules, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it. The Board shall adopt and have an official seal. In carrying into effect the provisions of this act, the Board may, under the hand of its chairman and the seal of the Board, subpoena witnesses and compel their attendance and may also require them to produce books, papers, and documents in the case involving the revocation of a license or practicing or offering to practice under the title of registered forester without license. Any member of the Board may administer oaths of affirmation to witnesses appearing before the Board. Such witnesses officially called by the Board shall receive the same compensation and shall be reimbursed for expenses in the same amount as the Board as provided and set out in Section 5 of this act. If any person shall refuse to appear as a witness before said Board, or refuse to testify, or refuse to produce any book, papers, or documents, the Board may present its petition to the district court for the county in which the State Capitol is located, setting forth the facts, and thereupon such court shall, in a proper case, issue a subpoena to such person, requiring his attendance before such district court and there to testify or to produce such books, papers, and documents as may be deemed necessary and pertinent by the Board. Any person failing to obey the subpoena or order of said district court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of said court.
Laws 1963, c. 92, § 8, emerg. eff. May 27, 1963.
§591209. Professional Foresters Fund Secretary Clerical help.
The secretary of the Board shall receive and account for all monies derived under the provisions of this act, and shall pay the same monthly to the State Treasurer, who shall keep such monies in a separate fund to be known as the "Professional Foresters Fund". Such fund shall be kept separate and apart from all other monies in the treasury, and shall be paid out only by warrants of the comptroller upon the State Treasurer, upon itemized vouchers approved by the chairman and attested by the secretary of the Board. All monies in the "Professional Foresters Fund" are hereby specifically appropriated for the use of the Board. The Board may employ such clerical and other assistants as are necessary for the proper performance of its work, or, in lieu of employing clerical assistants, the Board may contract with any state department or agency to furnish the Board with such clerical assistance as the Board deems necessary. The compensation of such assistants, or the cost of contraction for such clerical assistance, shall be paid out of the "Professional Foresters Fund" in the manner prescribed herein. Provided, however, that under no circumstances shall the total amount of warrants issued by the comptroller in payment of the expenses and compensation provided for by this act exceed the amount of the examination and registration fees, license fees, donations, and other monies collected by the Board as herein provided. The Board is authorized to accept all gifts, bequests, and donations which shall be used or expended in accordance with their terms or stipulations, but in absence of any such terms or stipulations such gifts, bequests, or donations may be used or expended for such purposes as the Board may determine.
Laws 1963, c. 92, § 9, emerg. eff. May 27, 1963; Laws 1980, c. 159, § 14, emerg. eff. April 2, 1980.
§59-1210. Record of proceedings - Register of applications.
The State Board of Registration for Foresters shall keep a record of its proceedings and a register of all applications for registration, which register shall show the name, age, and residence of such applicant; the date of the application; address for the receipt of mail and the place of business of such applicant; the education and other qualifications of the applicant; whether or not an examination was required; whether the application was rejected; whether a license was granted; the date of the action of the Board; and such other information as may be deemed necessary by the Board.
Added by Laws 1963, c. 92, § 10, emerg. eff. May 27, 1963. Amended by Laws 1998, c. 364, § 14, emerg. eff. June 8, 1998.
§591211. Roster of registered foresters.
A roster showing the names and places of business of all registered foresters qualified according to the provisions of this act shall be prepared by the secretary of the Board during the month of March of each year. Copies of such roster shall be mailed to each person so registered, placed on file with the Secretary of State and made available to the public upon request.
Laws 1963, c. 92, § 11, emerg. eff. May 27, 1963.
§591212. Qualifications for registration.
(A) The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for registration as a registered forester: (1) Graduation from a university or college with a curriculum in forestry acceptable to the Board, including one threecredit course in each of the following subjects: silviculture, forest protection, forest management, forest economics, and forest utilization; and a record of an additional two (2) years' or more experience in forestry work of a character satisfactory to the Board, and indicating that the applicant is competent to practice professional forestry; or (2) successfully passing an examination designed to show knowledge approximation as obtained through graduation from an acceptable fouryear curriculum in foresty, and a record of four (4) years or more of active practice in forestry work of a character satisfactory to the Board, and indicating that the applicant is competent to practice professional forestry; provided, that after five (5) years from the effective date of this act no person shall qualify as a registered forester unless such person shall have graduated from a university or college with a curriculum in forestry acceptable to the Board, and who has a record of an additional two (2) years or more of experience in forestry work of a character satisfactory to the Board, and indication that the applicant is competent to practice professional forestry.
(B) No person shall be eligible for registration as a registered forester who is not of good character and reputation. The completion of the junior year of a curriculum in forestry in a university or college acceptable to the Board shall be considered as equivalent to two (2) years of the practice of professional forestry; the completion of the senior year of a curriculum in forestry, without graduation, in a university or college acceptable to the Board shall be considered as equivalent to three (3) years of the practice of professional forestry.
Laws 1963, c. 92, § 12, emerg. eff. May 27, 1963.
§591213. Applications for registration Forms Fees.
Applications for registration shall be made on forms prescribed and furnished by the Board, shall contain statements made under oath as to citizenship, residence, and the applicant's education and detailed summary of his technical work, and shall contain the names of not less than five persons, of whom three or more shall be forestry school graduates, having personal or professional knowledge of his forestry experience. The forms shall also contain a code of ethics prepared and approved by the Board essentially conforming to the code of ethics of the Society of American Foresters. The registration fee for a certificate as a "licensed forester" shall be fixed by the Board but not to exceed Twentyfive Dollars ($25.00), onehalf (1/2) of which fee shall accompany the application, the balance to be paid before issuance of the certificate. Should the applicant fail or refuse to remit the said remaining balance within thirty (30) days after being notified by registered mail that the applicant has successfully qualified, the applicant shall forfeit the right to have a certificate so issued and said applicant may be required to again submit an original application and pay an original fee therefor. Should the Board deny the issuance of a certificate of registration to any applicant, the fee deposited shall be retained by the Board as an application fee.
Laws 1963, c. 92, § 13, emerg. eff. May 27, 1963.
§591214. Examinations.
When examinations are required, they shall be held at such time and place as the Board shall determine. The methods of procedure shall be prescribed by the Board. A candidate failing an examination may apply for reexamination at the expiration of six (6) months and shall be entitled to one reexamination without payment of an additional fee. Subsequent examinations may be granted upon payment of a fee to be determined by the Board, but not in excess of Twentyfive Dollars ($25.00).
Laws 1963, c. 92, § 14, emerg. eff. May 27, 1963.
§591215. Licenses Endorsement of plans, maps, etc.
The Board shall issue a license upon payment of the registration fee as provided for in this act to any applicant who, in the opinion of the Board, has satisfactorily met all the requirements of the act. Licenses shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and secretary of the Board under seal of the Board. The issuance of a license by the Board shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed forester while the said license remains unrevoked or unexpired. Plans, maps, specifications, and reports issued by a registrant shall be endorsed with his name and license number. It shall be a misdemeanor for anyone to endorse any plan, specifications, estimate, or map unless he shall have actually prepared such plan, specification, estimate, or map or shall have been in the actual charge of the preparation and/or responsible therefor.
Laws 1963, c. 92, § 15, emerg. eff. May 27, 1963.
§591216. Expiration of licenses Renewals.
Licenses shall expire one (1) year after the date of their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the secretary of the Board to notify, at his lastregistered address, every person registered under this act of the date of the expiration of his license and the amount of the fee that shall be required for its renewal for one (1) year; such notice shall be mailed at least one (1) month in advance of the date of the expiration of said license. The fee for renewal of licenses shall not exceed Ten Dollars ($10.00). The Board shall make an exception to the foregoing renewal provisions in the case of a person while on active duty in any of the armed forces of the United States.
Laws 1963, c. 92, § 16, emerg. eff. May 27, 1963. d
§591217. Individual personal qualifications.
Registration shall be determined upon a basis of individual personal qualifications. No firm, company, partnership, corporation, or public agency shall be licensed as a registered forester.
Laws 1963, c. 92, § 17, emerg. eff. May 27, 1963.
§591218. Reciprocity.
A person not a resident of and having no established place of business in Oklahoma, or who has recently become a resident thereof, may become a licensed forester in Oklahoma provided: (1) such person is legally licensed as a registered forester in his own state or country and has submitted evidence to the Board that he is so licensed and that the requirements for registration therein are at least substantially equivalent to the requirements of the act; and (2) the state or country in which he is so licensed observes these same rules of reciprocity in regard to persons originally licensed under the provisions of this act; and (3) the Board shall issue a qualified applicant a oneyear permit upon receipt of a fee equal to oneyear annual renewal, charged licensed foresters in this state.
Laws 1963, c. 92, § 18, emerg. eff. May 27, 1963.
§591219. Revocation of licenses Reissuance.
The Board shall have the power to revoke the license of any registrant who is found guilty by the Board of fraud, deceit, gross negligence, incompetency, or misconduct in connection with any forestry practice against any registrant. Such charges shall be written, shall be sworn to by the person making them, and shall be filed with the secretary of the Board. All charges shall be heard by the Board pursuant to its rules and regulations. A quorum of the Board, for reasons it may deem sufficient, may reissue a license to any person whose license has been revoked. A new license to replace any license revoked, lost, destroyed or mutilated may be issued, subject to the rules of the Board, and upon payment of a fee of Three Dollars ($3.00).
Laws 1963, c. 92, § 19, emerg. eff. May 27, 1963.
§591220. Violations Penalties.
Any person who shall practice or offer to practice the profession of forestry as a registered forester in this state, without being registered in accordance with the provisions of this act, or any person who shall use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a registered forester, without being registered in accordance with the provisions of this act, or any person who shall present or attempt to use as his own the license of another, or any person who shall give any false or forged evidence of any kind to the Board, or any member thereof, in obtaining a license, or any person who shall attempt to use an expired or revoked license, or any person, firm, partnership, or corporation who shall violate any of the provisions of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00), and such monies shall be impounded by the Board. The Board, or such person or persons as may be designated by the Board to act in its stead, is empowered to prefer charges for any violations of this act in any court of competent jurisdiction. It shall be the duty of all dulyconstituted officers of the law of this state to enforce the provisions of this act and to prosecute any persons, firms, partnerships, or corporations violating the same. The Attorney General of the state or his designated assistant shall act as legal advisor of the Board and render such assistance as may be necessary in carrying out the provisions of this act.
Laws 1963, c. 92, § 20, emerg. eff. May 27, 1963.
§591250. Short title.
This act may be cited as the "Social Worker's Licensing Act".
§59-1250.1. Definitions.
As used in the Social Worker's Licensing Act:
1. "Approved provider of continuing education" means an individual, group, professional association, school, institution, organization, or agency approved by the Board to conduct educational programs;
2. "Approved social work program" means a school of social work or a social work educational program that has been approved by the Board;
3. "Board" means the State Board of Licensed Social Workers, which shall also be known as the State Board of Social Work;
4. "Board approved clinical supervisor" means a licensed clinical social worker who has met the qualifications determined by the Board for supervision in a clinical setting;
5. "Board approved supervisor" means a licensed social worker who has met the qualifications determined by the Board for licensure as a supervisor;
6. "Case management" means a method to plan, provide, evaluate, and monitor services from a variety of resources on behalf of and in collaboration with a client;
7. "Client" means the individual, couple, family, group, organization, or community that seeks or receives social work services;
8. "Clinical supervision" means an interactional professional relationship between a supervisor and a social worker that provides evaluation and direction over the supervisee's practice of clinical social work and promotes continued development of the social worker's knowledge, skills, and abilities to engage in the practice of clinical social work in an ethical and competent manner;
9. "Consultation" means a problem solving process in which expertise is offered to an individual, couple, family, group, organization or community;
10. "Continuing education" means education and training which are oriented to maintain, improve or enhance the practice of social work;
11. "Continuing education contact hour" means a sixty-minute clock hour of instruction, not including breaks or meals;
12. "Conviction" means conviction of a crime by a court of competent jurisdiction including a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered on admission of guilt, a plea of nolo contendere, or a guilty plea;
13. "Counseling" means a method used by social workers to assist individuals, couples, families and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns;
14. "Examination" means a standardized test or examination of social work knowledge, skills and abilities which have been approved by the Board;
15. "Independent practice" means the practice of social work outside of an organized setting, such as a social, medical, or governmental agency, after completion of all applicable supervision requirements, in which the social worker assumes responsibility and accountability for services provided;
16. "Licensed clinical social worker" means a person duly licensed to practice clinical social work under this act;
17. "Licensed masters social worker" means a person duly licensed to practice social work who holds a master's degree in social work;
18. "Licensed social work associate" means a person duly licensed to practice social work who holds a baccalaureate degree in social work;
19. "Licensee" means a person duly licensed under this act;
20. "Practice of social work" means the professional activity of helping individuals, groups or communities enhance or restore their capacity for physical, social and economic functioning and the professional application of social work values, principles and techniques in areas such as clinical social work, social service administration, social planning, social work consultation and social work research to one or more of the following ends: Helping people obtain tangible services; counseling with individuals, families and groups; helping communities or groups provide or improve social and health services; and participating in relevant social action. The practice of social work requires knowledge of human development and behavior; of social economic and cultural institutions and forces; and of the interaction of all of these factors. Social work practice includes the teaching of relevant subject matter and of conducting research into problems of human behavior and conflict. Except as otherwise provided in this act, reference to the "practice of social work" shall be the practice of a person licensed under this act;
21. "Private practice of social work" means the practice of clinical social work by an individual who is wholly or in part selfemployed and who assumes responsibility for the nature and quality of the services provided to the client in exchange for direct payment or third-party reimbursement, rather than a salaried employee of an organization or institution;
22. "Psychotherapy" means the use of treatment methods utilizing a specialized, formal interaction between a clinical social worker and an individual, couple, family, or group in which a therapeutic relationship is established, maintained and sustained to understand unconscious processes, intrapersonal, interpersonal, and psychosocial dynamics, and the diagnosis and treatment of mental, emotional, and behavioral disorders, conditions and addictions; and
23. "Supervision" means the professional relationship between a supervisor and a social worker that provides evaluation and direction over the services provided by the social worker and promotes continued development of the social worker's knowledge, skills and abilities to provide social work services in an ethical and competent manner.
Added by Laws 1980, c. 124, § 2, eff. Oct. 1, 1980. Amended by Laws 2003, c. 85, § 1, eff. Nov. 1, 2003.
§59-1251. License required - Exemptions.
A. In order to safeguard the welfare of the people of the State of Oklahoma, no person shall engage in the practice of social work for compensation or hold himself or herself forth as performing the services of a social worker unless he or she is licensed under the Social Worker's Licensing Act, nor may any person participate in the delivery of social work service unless under the supervision of a person licensed under these provisions, and no person may use any title, abbreviation, sign, card or device incorporating the words "social worker" or a derivative thereof unless such person has been duly licensed under the provisions of this law.
B. Nothing contained herein shall be construed to prevent qualified persons from doing work within the standards and ethics of their respective professions. Provided, that such persons shall not hold themselves out to the public by any title or description of services as being engaged in the practice of social work.
C. Employees of agencies of the state shall be exempt from the requirements of this act as to the performance of their duties as state employees or health care facilities or employees of health care facilities licensed by the state.
D. 1. As a requirement for licensure, a license obtained pursuant to the Social Worker's Licensing Act shall be posted in a conspicuous place where the services of the social worker obtaining such license are rendered.
2. Information regarding the procedure for reporting any unethical or illegal practices pursuant to the Social Worker's Licensing Act shall be made available to the public by the social worker or employer of such social worker, as applicable, in the location where services of the social worker are rendered.
Added by Laws 1965, c. 140, § 1. Amended by Laws 1980, c. 124, § 3, eff. Oct. 1, 1980; Laws 1988, c. 231, § 2, emerg. eff. June 22, 1988. Amended by Laws 2003, c. 85, § 2, eff. Nov. 1, 2003.
§59-1253. State Board of Licensed Social Workers - Membership - Qualifications.
A. There is hereby recreated, to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law, the State Board of Licensed Social Workers, consisting of seven (7) members.
B. Three of the members of the Board shall be licensed social workers or licensed clinical social workers licensed pursuant to the provisions of the Social Worker's Licensing Act. Two other members shall be licensed as either social work associates or master's social workers. One member shall be the president of the Oklahoma Chapter of the National Association of Social Workers. The remaining member of the Board shall be selected from and shall represent the general public.
C. Responsibility for enforcement of the provisions of this act is hereby vested in the State Board of Social Work. The Board shall have all of the duties, powers and authority specifically granted by, or necessary for, the enforcement of this act as well as other duties, powers and authority it may be granted by applicable law.
D. 1. Each member of the Board appointed as a social worker shall:
a. be a resident of this state,
b. be licensed in good standing to engage in the practice of social work in this state,
c. at the time of appointment, have been actively engaged in the practice of social work for at least one (1) year out of the last five (5) years, and
d. have at least three (3) years of experience in the practice of social work.
2. Each member of the Board appointed to represent the general public shall be a resident of this state who has attained the age of majority and shall not be, nor shall ever have been, a social work licensee, or the spouse of a social work licensee, or a person who has ever had any material financial interest in the provision of social work services or has engaged in any activity directly related to the practice of social work.
Added by Laws 1965, c. 140, § 3. Amended by Laws 1980, c. 124, § 4, eff. Oct. 1, 1980; Laws 1982, c. 122, § 1, operative July 1, 1982; Laws 1987, c. 108, § 1, eff. July 1, 1987; Laws 1988, c. 225, § 14; Laws 1994, c. 106, § 1, eff. July 1, 1994; Laws 2000, c. 28, § 1; Laws 2003, c. 85, § 3, eff. Nov. 1, 2003.
§59-1254. Appointment - Term - Vacancies - Removal - Compensation - Staff.
A. The members of the State Board of Licensed Social Workers shall be appointed by the Governor, with the advice and consent of the Senate. When a vacancy on the Board occurs or at the expiration of the term of a member, the Governor shall appoint, with the advice and consent of the Senate, the member's successor for a term of five (5) years. Members may serve more than two (2) terms, but shall be limited to serving no more than two (2) consecutive terms. Vacancies on the Board shall be filled in a like manner for the balance of any unexpired term. Each member shall serve until a successor is appointed and qualified.
B. Members of the Board may be removed from office, pursuant to the procedures set forth in the Administrative Procedures Act, upon one or more of the following grounds:
1. The refusal or inability for any reason of a Board member to perform the duties of a Board member in an efficient, responsible and professional manner;
2. The misuse of office by a Board member for pecuniary or material gain or for personal advantage for the Board member or another;
3. Violation by any Board member of the laws governing the practice of social work; or
4. Conviction of a felony shown by a certified copy of the record of the court of conviction.
C. Members of the Board shall serve without compensation, but shall be reimbursed their actual and necessary travel expenses as provided in the State Travel Reimbursement Act.
D. The Board may employ persons in such positions or capacities as it deems necessary to conduct Board business and to fulfill the Board's responsibilities as defined in the Social Worker's Licensing Act.
Added by Laws 1965, c. 140, § 4. Amended by Laws 1980, c. 124, § 5, eff. Oct. 1, 1980; Laws 1982, c. 122, § 2, operative July 1, 1982; Laws 1987, c. 108, § 2, eff. July 1, 1987; Laws 2003, c. 85, § 4, eff. Nov. 1, 2003.
§59-1255. Officers - Meetings.
A. The State Board of Licensed Social Workers shall annually elect from its membership a chair and a vice-chair and such other officers as it deems appropriate and necessary to conduct its business. The chair shall preside at all meetings of the Board. Each additional officer elected by the Board shall perform those duties customarily associated with the position and such other duties assigned by the Board. Officers elected by the Board shall serve terms of one (1) year and shall serve no more than three (3) consecutive full terms in each office to which the Board member is elected.
B. 1. The Board shall meet at least once every three (3) months to transact its business and may meet at such additional times as the Board may determine.
2. The Board shall meet in accordance with the Oklahoma Open Meeting Act.
3. A majority of the members of the Board shall constitute a quorum for the conduct of Board business. All actions of the Board shall be by a majority of the quorum present.
Added by Laws 1965, c. 140, § 5. Amended by Laws 1980, c. 124, § 6, eff. Oct. 1, 1980; Laws 1982, c. 122, § 3, operative July 1, 1982; Laws 2003, c. 85, § 5, eff. Nov. 1, 2003.
§59-1256. Repealed by Laws 2003, c. 85, § 22, eff. Nov. 1, 2003.
§59-1256.1. Powers and duties of Board.
A. The State Board of Licensed Social Workers shall be responsible for the control and regulation of the practice of social work in this state and shall conduct its business in accordance with the Administrative Procedures Act. The Board's authority includes, but is not limited to, the following:
1. The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of social work under the provisions of this act;
2. The renewal of licenses to engage in the practice of social work;
3. The establishment and enforcement of compliance with professional standards of practice and rules of conduct of social workers engaged in the practice of social work;
4. The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of social work whose graduates may be eligible for licensure in this state, and the specification and enforcement of requirements for practical training;
5. The investigation of any activities related to the practice or unauthorized practice of social work. In conducting such investigations, the Board shall have the power to subpoena and to bring before it any person and to take testimony either orally or by deposition, or both, in the same manner as prescribed in civil cases in the courts of this state. Any member of the Board, hearing officer, or administrative law judge shall have power to administer oaths to witnesses at any hearing which the Board is authorized to conduct. Following such investigation, the Board may suspend, revoke or restrict licenses to engage in the practice of social work;
6. With probable cause that an applicant or licensee has engaged in conduct prohibited by this act or a rule promulgated by the Board, the issuance of a request that the applicant or licensee submit to a mental or physical examination or chemical dependency evaluation. If the applicant or licensee refuses to submit to the examination or evaluation, the Board shall issue an order requiring the licensee or applicant to show cause why he or she will not submit to the examination and shall schedule a hearing on the order within thirty (30) days after notice is served on the applicant or licensee by personal service or certified mail. At the hearing, the applicant or licensee and the applicant or licensee's attorney are entitled to present any testimony to show why the applicant or licensee should not be required to submit to the examination. After a complete hearing, the Board shall issue an order either requiring the applicant or licensee to submit to the examination or withdrawing the request for the examination. The license in question may be suspended until the results of the examination are received and reviewed by the Board;
7. The collection of professional demographic data;
8. The issuance of licenses of all persons engaged in the practice of social work;
9. The inspection of any licensed person, at all reasonable hours, for the purpose of determining if any provisions of the laws governing the practice of social work are being violated. The Board, its officers, inspectors, and representatives shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to the practice of social work;
10. The promulgation of such rules as may be deemed necessary by the Board for the proper administration and enforcement of this act in accordance with the Administrative Procedures Act;
11. The administration of examinations for licensure pursuant to the following:
a. any examination for licensure required under this act shall be given by the Board at least two times during each year. The Board shall determine the content and subject matter of each examination and the place, time, and date of administration of the examination, and
b. the examination shall be prepared to measure the competence of the applicant to engage in the relevant practice of social work. The Board may employ, cooperate, and contract with any organization or consultant in the preparation, administration and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination;
12. The establishment of such requirements for supervised practice or any other experiential program necessary to qualify an applicant for any licensure examination under this act, including determination of the qualifications of supervisors used in supervision programs;
13. The acquisition of a membership in such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of social work for the protection of the health and welfare of the public or whose activities assist and facilitate the work of the Board;
14. The establishment of a "Bill of Rights" for clients concerning the services a client may expect in regard to social work services; and
15. In addition to the fees specifically provided for in this act, the establishment of fees including, but not limited to, the following:
a. issuance of duplicate certificates or identification cards,
b. copies of any documents,
c. certification of documents, and
d. issuance of licenses by reciprocity.
Added by Laws 2003, c. 85, § 6, eff. Nov. 1, 2003.
§59-1256.2. Reports to Board - Conduct by applicant or license.
A. A social worker shall report to the State Board of Licensed Social Workers information on the following conduct by an applicant or a licensee:
1. Sexual contact or sexual conduct with a client or a former client, only when the client consents to the report;
2. Failure to report information as required by law;
3. Impairment in the ability to practice by reason of illness, use of alcohol, drugs, or other chemicals, or as a result of any mental or physical condition;
4. Improper or fraudulent billing practices;
5. Fraud in the licensure application process or any other false statements made to the Board;
6. Conviction of any felony or crime reasonably related to the practice of social work; or
7. A violation of a Board order.
B. Social Workers shall report to the Board information on any other conduct by an applicant or a licensee that constitutes grounds for disciplinary action under this act or the rules of the Board when the social worker reasonably believes that the client's functioning has been affected negatively by the conduct.
C. An applicant or licensee shall report to the Board any personal action that would otherwise require a report to be made to the Board pursuant to this act.
D. Reports required by this section must be submitted not later than thirty (30) days after the occurrence of the reportable event or knowledge by the person reporting the occurrence. The Board may adopt such rules as are necessary to assure prompt and accurate reporting.
E. Any person, social worker, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report under this section.
Added by Laws 2003, c. 85, § 7, eff. Nov. 1, 2003.
§59-1261.1. Issuance of licenses - Qualifications - Types of license - Private, independent practice.
A. To obtain a license under this act, an applicant shall:
1. Submit a written application in a form prescribed by the Board;
2. Have attained the age of majority;
3. Be of good moral character;
4. Have graduated and received a degree in social work from an approved social work program;
5. Have completed any necessary post graduate experience and supervision in the practice of social work; and
6. Have passed the necessary examination and paid all fees required by the Board.
B. Upon certification by the Board, the Board shall authorize the issuance of licenses to persons who qualify as follows:
1. As a licensed social work associate who has a baccalaureate degree in social work from an institution with a program accredited by an approved social work program and has two (2) years of post graduate experience in the practice of social work under professional supervision of a person licensed under these provisions, and passed the examination provided for under these provisions or who has a doctoral or master's degree in social work from an institution with a program accredited by the Council of Social Work Education and has passed the examination provided for under these provisions;
2. As a licensed master's social worker who has a master's degree in social work from an institution with a program accredited by an approved social work program and has passed the examination provided for under this act;
3. As a licensed social worker who has a master's degree in social work from an institution with a program accredited by an approved social work program and has two (2) years of post graduate experience in the practice of social work under professional supervision of a person licensed under those provisions, and who has passed the examination provided for under the provisions of the Social Worker's Licensing Act; and
4. As a licensed social worker who has a master's degree in social work from an institution with a program accredited by an approved social work program and has two (2) years of post graduate experience in the practice of clinical social work under professional supervision of a person licensed by this act, and who has passed the examination provided for under this act.
C. No person may engage in the private, independent practice of social work unless he or she:
1. Is licensed under this act as a licensed social worker;
2. Has had two (2) years of graduate supervised experience certified by the Board in the method to be offered in private practice and met the requirements set by the Board; and
3. Continues to meet continuing education requirements set by the Board.
Certification by the Board that such person be licensed to engage in private independent practice shall be noted by an appropriate special designation to be placed on the licensed social worker's license. The Board shall designate such specialties as it deems proper for special certification.
Added by Laws 1980, c. 124, § 8, eff. Oct. 1, 1980. Amended by Laws 1982, c. 122, § 4, operative July 1, 1982; Laws 1987, c. 108, § 3, eff. July 1, 1987; Laws 2003, c. 85, § 8, eff. Nov. 1, 2003.
§59-1261.1a. License renewal - Continuing education - Reapplication.
A. Licensees shall be required to renew their license at such time and in such manner established by the State Board of Licensed Social Workers by rule, including the form of application and payment of the applicable renewal fee. Under no circumstances shall the renewal period exceed two (2) years.
B. As a requirement for license renewal, each licensee shall provide evidence satisfactory to the Board that such licensee has annually completed at least sixteen (16) hours of a program of continuing education as prescribed by the Board.
C. The Board shall also provide procedures by rule to ensure that license renewal candidates maintain the qualifications to practice social work, as set forth in this act.
D. If a social worker fails to make application to the Board for renewal of a license within a period of ninety (90) days after the expiration of the license, such person must reapply as an initial applicant for licensure and pass the current licensure examination; however, a person who has been licensed under the laws of this state and the license has expired, but who has continually practiced social work in another state under a license issued by the authority of such state, may renew the license upon completion of the continuing education requirements set forth by the Board and payment of the designated fee.
Added by Laws 2003, c. 85, § 9, eff. Nov. 1, 2003.
§59-1261.3. Repealed by Laws 2003, c. 85, § 22, eff. Nov. 1, 2003.
§59-1261.4. Reciprocity - Qualifications.
A. Any person who becomes a resident of this state and who is or has been, immediately preceding the person's residency in this state, licensed to practice social work by another state which grants a like privilege of reciprocity and who meets the educational and work experience qualifications for licensure in this state may, upon payment of the necessary fee and submission of documentation as required by the Board, be licensed under the provisions of the Social Worker's Licensing Act.
B. In cases where reciprocity does not exist the Oklahoma State Board of Licensed Social Workers may endorse the actions of another state licensing board upon receipt of information by that board documenting that the applicant has met the educational and supervisory requirements of the Oklahoma State Board in another state, and has passed the same examination or a more stringent examination than that used by the Oklahoma State Board of Licensed Social Workers.
C. 1. For a social worker currently licensed in another jurisdiction to obtain a license as a social worker by reciprocity in this state, an applicant shall:
a. submit a written application in the form prescribed by the Board,
b. have attained the age of majority,
c. be of good moral character,
d. have a social work degree at the designation for which the applicant is seeking licensure,
e. possess, at the time of initial licensure as a social worker, any qualifications necessary, as determined by the Board, to have been eligible for licensure at that time in this state,
f. present to the Board a passing score on the designated licensure examination,
g. present to the Board proof that the transferring social work license is current and in good standing,
h. present to the Board proof that any social work or any other professional license or other credential granted to the applicant by any other state has not been suspended, revoked, or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any jurisdiction where the applicant is or has been licensed, and
i. pay the fees specified by the Board.
2. Applicants for license transfer under this section shall only be eligible for licensure at the equivalent designation recognized in the currently licensed jurisdiction.
Added by Laws 1982, c. 122, § 6, operative July 1, 1982. Amended by Laws 1987, c. 108, § 5, eff. July 1, 1987; Laws 2003, c. 85, § 10, eff. Nov. 1, 2003.
§59-1261.5. Temporary licenses - Fees.
Upon certification by the State Board of Licensed Social Workers, the Board shall authorize the issuance of provisional licenses to persons who have met all qualifications for licensure under provisions of the Social Worker's Licensing Act except passage of the required examination. Such persons shall, upon payment of the necessary fee and submission of documentation as required by the Board, be issued a provisional license subject to the following provisions:
1. If a person subsequently fails the examination, upon receipt and recording of the person's examination score by the Board, such person may retake the examination every ninety (90) days until the person passes, or until one (1) year from the date of issuance of the provisional license;
2. Upon receipt and recording of a person's passing score by the Board, the provisional license will be replaced by a permanent license; and
3. Upon a person's failure to pass the examination within one (1) year from the date the provisional license was issued, that license will be automatically revoked. The person may reapply to the Board and submit the necessary fee to obtain a new provisional license.
Added by Laws 1982, c. 122, § 7, operative July 1, 1982. Amended by Laws 2003, c. 85, § 11, eff. Nov. 1, 2003.
§59-1261.6. Information confidential - Disclosure.
No person licensed under the provisions of the Social Worker's Licensing Act or secretary, stenographer or clerk of such a licensed person or anyone who participates in delivery of social work services or anyone working under supervision of a person licensed under these provisions may disclose any information acquired from persons consulting the licensed social worker in his or her professional capacity or be compelled to disclose such information.
The confidential relations and communications between a person licensed under this act and the client are placed on the same basis as provided by law for those between an attorney and client. Nothing in the Social Worker's Licensing Act shall be construed to require such privileged communication to be disclosed except:
1. With the written consent of the client, or in the case of death or disability, of his or her personal representative, other person authorized to sue, or the beneficiary of any insurance policy on his or her life, health or physical condition;
2. That no information shall be treated as privileged and there shall be no privilege created by this act as to any information acquired by a person licensed under this act or a secretary, stenographer or clerk of such a licensed person or anyone who participates in delivery of social work services or anyone working under the supervision of such a licensed person when such information pertains to criminal acts or violations of any law;
3. When the person is a child under the age of eighteen (18) years and the information acquired by the licensed person indicated that the child was the victim or subject of a crime, the licensed person may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of such a crime is a subject of inquiry; or
4. When the person waives the privilege by bringing charges against the licensed person.
Nothing in this act shall be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of the client.
Added by Laws 1982, c. 122, § 8, operative July 1, 1982. Amended by Laws 2003, c. 85, § 12, eff. Nov. 1, 2003.
§59-1262. Licensure and identification as licensed social worker or licensed social worker associate.
The applicant shall receive a license when the State Board of Licensed Social Workers has determined that the applicant meets the requirements for licensure, and the Board shall provide the applicant with a license or other suitable device to identify the person to the public as a person licensed under this act.
Added by Laws 1965, c. 140, § 12. Amended by Laws 1980, c. 124, § 10, eff. Oct. 1, 1980; Laws 2003, c. 85, § 13, eff. Nov. 1, 2003.
§59-1263. Fees - Licensed Social Workers' Revolving Fund.
A. 1. The fee for licensure shall be determined by rules promulgated by the State Board of Licensed Social Workers. The license shall expire after one (1) year, and the renewal fee for such license shall also be established by rules promulgated by the Board.
2. The Board shall promulgate rules for reinstatement of lapsed licenses and specialty certifications, and required fees.
3. The Board shall establish fees for examinations.
B. There is hereby created in the State Treasury a revolving fund for the State Board of Licensed Social Workers, to be designated the "Licensed Social Workers' Revolving Fund". The fund shall consist of monies received by the Board under statutory authority and such monies accruing to the credit of the fund may be expended by the Board for the purpose of carrying out the provisions of this act. The fund shall be administered in accordance with standard revolving fund procedures. The Board shall pay into the General Revenue Fund of the state ten percent (10%) of the gross fees so collected and received as provided for in Section 211 of Title 62 of the Oklahoma Statutes.
Added by Laws 1965, c. 140, § 13. Amended by Laws 1980, c. 124, § 11, eff. Oct. 1, 1980; Laws 1987, c. 108, § 4, eff. July 1, 1987; Laws 1990, c. 86, § 1, emerg. eff. April 18, 1990; Laws 2003, c. 85, § 14, eff. Nov. 1, 2003.
§591264. Title and abbreviation as licensed social worker.
Any person who has received a license as a licensed social worker shall have the right to use the title, Licensed Social Worker, and the abbreviation, LSW. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.
Laws 1965, c. 140, § 14; Laws 1980, c. 124, § 12, eff. Oct. 1, 1980.
§59-1264.1. Licensed Clinical Social Worker - Use of Title.
Any person who has received a license as a licensed clinical social worker shall have the right to use the title, Licensed Clinical Social Worker, and the abbreviation, LCSW. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.
Added by Laws 2003, c. 85, § 15, eff. Nov. 1, 2003.
§59-1264.2. Licensed Master's Social Worker - Use of Title.
Any person who has received a license as a licensed master's social worker shall have the right to use the title, Licensed Master's Social Worker, and the abbreviation, LMSW. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.
Added by Laws 2003, c. 85, § 16, eff. Nov. 1, 2003.
§591265. Title and abbreviation as Licensed Social Worker Associate.
Any person who has received a license as a licensed social work associate shall have the right to use the title Licensed Social Work Associate, and the abbreviation, LSWA. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social work associate.
Laws 1965, c. 140, § 15; Laws 1980, c. 124, § 13, eff. Oct. 1, 1980.
§59-1266. Repealed by Laws 2003, c. 85, § 22, eff. Nov. 1, 2003.
§59-1266.1. Refusal to issue or renew, suspend, revoke, censure, reprimand, restrict or limit license - Fines - Judicial review.
A. The State Board of Licensed Social Workers may refuse to issue or renew the license of, or may suspend, revoke, censure, reprimand, restrict or limit the license of, or fine, any person pursuant to the Administrative Procedures Act or the procedures set forth in this act upon one or more of the following grounds as determined by the Board:
1. Unprofessional conduct as determined by the Board;
2. Practicing outside the scope of practice authorized by this act;
3. Conduct which violates any of the provisions of this act or rules adopted pursuant to this act;
4. Incapacity or impairment that prevents a licensee from engaging in the practice of social work with reasonable skill, competence, and safety to the public;
5. Conviction of a felony;
6. Any act involving moral turpitude or gross immorality;
7. Violations of the laws of this state, or rules pertaining thereto, or of laws, rules and regulations of any other state, or of the federal government pertaining to any aspect of the practice of social work;
8. Misrepresentation of a material fact by an applicant or licensee in securing or attempting to secure the issuance or renewal of a license, or in statements regarding the applicant or licensee's skills or the efficiency or value of any treatment provided or to be provided, or using any false, fraudulent, or deceptive statement connected with the practice or social work including, but not limited to, false or misleading advertising;
9. Fraud by a licensee in connection with the practice of social work including engaging in improper or fraudulent billing practices or violating Medicare and Medicaid laws or state medical assistance laws;
10. Engaging or aiding and abetting an individual to engage in the practice of social work without a license, or falsely using the title of social worker;
11. Failing to comply with any stipulation or agreement involving probation or settlement of any disciplinary matter with the Board or with any order entered by the Board;
12. Being found by the Board to be in violation of any of the provisions of this act or rules adopted pursuant to this act;
13. Conduct which violates the security of any licensure examination materials;
14. Being the subject of the revocation, suspension, surrender or other disciplinary sanction of a social worker or related license or of other adverse action related to a social worker or related license in another jurisdiction or country including the failure to report such adverse action to the Board; or
15. Being adjudicated by a court of competent jurisdiction, within or without this state, as incapacitated, mentally incompetent, chemically dependent, mentally ill and dangerous to the public, or a psychopathic personality.
B. 1. The Board may defer action with regard to an impaired licensee who voluntarily signs an agreement, in a form satisfactory to the Board, agreeing not to practice social work and to enter an approved treatment and monitoring program in accordance with this section; provided, however, that this section shall not apply to a licensee who has been convicted of, pleads guilty to, or enters a plea of nolo contendere to a felonious act prohibited by Oklahoma law or a conviction relating to a controlled substance in a court of law of the United States or any other jurisdiction or a conviction related to sexual misconduct.
2. A licensee who is physically or mentally impaired due to mental illness or addiction to drugs or alcohol may qualify as an impaired social worker and have disciplinary action deferred and ultimately waived subject to the following conditions:
a. the Board is satisfied that such action will not endanger the public,
b. the licensee enters into an agreement with the Board for a treatment and monitoring plan approved by the Board,
c. the licensee progresses satisfactorily in such treatment and monitoring program, and
d. the licensee complies with all terms of the agreement and all other applicable terms of this section.
3. Failure to enter such agreement or to comply with the terms and make satisfactory progress in the treatment and monitoring program shall disqualify the licensee from the provisions of this section and the Board may activate an immediate investigation and disciplinary proceeding. Upon completion of the rehabilitation program in accordance with the agreement signed by the Board, the licensee may apply for permission to resume the practice of social work upon such conditions as the Board determines necessary.
4. The Board may require a licensee to enter into an agreement, pursuant to this subsection, which includes, but is not limited to, the following provisions:
a. the licensee agrees that the license shall be suspended or revoked indefinitely under this section,
b. the licensee agrees to enroll in a treatment and monitoring program approved by the Board,
c. the licensee agrees that failure to satisfactorily progress in such treatment and monitoring program shall be reported to the Board by the treating professional who shall be immune from any liability for such reporting made in good faith, and
d. the licensee consents to the reports of the treating physician or professional of the approved treatment and monitoring program to the Board on the progress of licensee at such intervals as the Board deems necessary.
5. The ability of an impaired social worker to practice shall only be restored and charges dismissed when the Board is satisfied by the reports it has received from the approved treatment program that the licensee can resume practice without danger to the public.
6. The impaired licensee shall consent, in accordance with applicable law, to the release of any treatment information to the Board from anyone within the approved treatment program.
7. The impaired licensee who has enrolled in an approved treatment and monitoring program and entered into an agreement with the Board in accordance with this subsection shall have his or her license suspended or revoked but enforcement of this suspension or revocation shall be stayed by the length of time the licensee remains in the program and makes satisfactory progress, complies with the terms of the agreement, and adheres to any limitations on the practice imposed by the Board to protect the public. The licensee may petition the Board for reinstatement pursuant to subsection D of this section. Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment and monitoring program shall disqualify the licensee from the provisions of this section and the Board shall activate an immediate investigation and disciplinary proceedings.
C. Any social worker who has substantial evidence that a licensee has an active addiction for which the licensee is not receiving treatment under a program approved by the Board pursuant to an agreement entered into under this section, is diverting a controlled substance, or is mentally or physically incompetent to carry out the duties of the license, shall make or cause to be made a report to the Board. Any person who makes a report pursuant to this section in good faith and without malice shall be immune from any civil or criminal liability arising from such reports. Failure to provide such a report within a reasonable time from receipt of knowledge may be considered grounds for disciplinary action against the licensee.
D. Any person whose license to practice social work in this state has been suspended or restricted pursuant to this act, whether voluntarily or by action of the Board, shall have the right to petition the Board for reinstatement of such license. Such a petition shall be made in writing and in the form prescribed by the Board. Upon investigation and hearing, the Board may grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. The Board may also require such person to pass an examination or examinations for reentry into the practice of social work.
E. The Board may issue a cease and desist order to stop an individual from engaging in an unauthorized practice or violating or threatening to violate a statute, rule, or order which the Board has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the individual's right to request a hearing under the Administrative Procedures Act. Nothing herein shall be construed as barring criminal prosecutions for violations of this act.
F. All final decisions by the Board shall be subject to judicial review pursuant to the Administrative Procedures Act.
G. Any individual whose license to practice social work is revoked, suspended, or not renewed shall return such license to the offices of the Board within ten (10) days after notice of such action.
Added by Laws 2003, c. 85, § 17, eff. Nov. 1, 2003.
§59-1267. Notice and hearing.
No license or specialty certification shall be suspended or revoked until notice is served upon the person licensed under the Social Worker's Licensing Act and a hearing is held before the State Board of Licensed Social Workers. The notice shall be served by registered mail and shall state the time and place of the hearing and shall set forth the ground or grounds constituting the charges against the person licensed under this act. The licensed person is entitled to be heard in his or her defense either in person or by counsel and may produce testimony and may testify in his or her own behalf. A record of the hearing shall be taken and preserved. The record shall contain the notice; all papers, documents and data filed in the proceedings and all statements of the Board pertinent thereto; the testimony and exhibits; and the findings of fact and orders of the Board in writing. The State of Oklahoma shall be a party in the prosecution of all such actions and hearings before the Board pertaining to the suspension or revocation of a license or specialty certification, and the Attorney General, or one of the Attorney General's assistants, is authorized and directed to appear in behalf thereof. The hearing may be adjourned from time to time. If the licensed person fails or refuses to appear, the Board may proceed to hear and determine the charges in his or her absence. If the licensed person pleads guilty, or if upon hearing of the charges a majority of the Board finds them true, the Board may enter an order suspending or revoking the license or specialty certification.
Added by Laws 1965, c. 140, § 17. Amended by Laws 1980, c. 124, § 15, eff. Oct. 1, 1980; Laws 2003, c. 85, § 18, eff. Nov. 1, 2003.
§591268. Rules for proceedings Subpoenas.
The Board shall adopt rules for its proceedings that will enable it, without undue delay, to competently determine the facts in each matter brought before it, and to render a decision in writing consistent with the intent of this law. The Board shall have the right to issue subpoenas where required. If the Board's subpoena is not honored, the Board shall petition a court of competent jurisdiction to have its subpoena honored. If, upon a hearing in the court, the demand of the Board is lawful, the court shall enter an order compelling compliance therewith. Disobedience of such an order shall be punished as contempt of court.
Laws 1965, c. 140, § 18.
§59-1269. Repealed by Laws 2003, c. 85, § 22, eff. Nov. 1, 2003.
§59-1270. Unlawful acts - Penalties.
A. It shall be a misdemeanor for any person to:
1. Use in connection with his or her name any designation tending to imply that he or she is licensed under the Social Worker's Licensing Act unless he or she is duly and respectively licensed under the provisions of this act;
2. Use in connection with his or her name any designation tending to imply that he or she is licensed under the provisions of this act during the time his or her license shall be suspended or revoked; or
3. Otherwise violate any of the provisions of this act.
B. 1. Except as otherwise provided, it shall be unlawful for any individual to engage in the practice of social work unless duly licensed under this act.
2. Except as otherwise provided, it shall be unlawful for any individual to engage in the practice of Clinical Social Work unless duly licensed as a Clinical Social Worker under this act.
3. No individual shall offer social work services or use the designation social worker, licensed social work associate, licensed master's social worker, licensed social worker, licensed clinical social worker or the initials LSWA, LMSW, LSW, or LCSW or any other designation indicating licensure status or hold themselves out as licensed to practice social work unless duly licensed.
4. The provision of social work services to an individual in this state, through telephonic, electronic or other means, regardless of the location of the social worker, shall constitute the practice of social work and shall be subject to regulation.
5. Any individual who, after hearing, is found by the State Board of Licensed Social Workers to have unlawfully engaged in the practice of social work or to have violated other provisions of this act shall be subject to a fine to be imposed by the Board not to exceed Five Hundred Dollars ($500.00) for each offense. Each violation of this act or Board rules pertaining to unlawful practice of social work shall also constitute a misdemeanor.
6. Nothing in this act shall be construed to prevent members of other professions from performing functions for which they are duly licensed; provided, however, such professionals shall not hold themselves out or refer to themselves by any title or description stating or implying that they are engaged in the practice of social work or that they are licensed to engage in the practice of social work.
7. Students currently participating in an approved social work program are exempt from licensure under this act when enrolled in or participating in an internship, externship, or other social work experience requirements for such programs.
Added by Laws 1965, c. 140, § 20. Amended by Laws 1980, c. 124, § 17, eff. Oct. 1, 1980; Laws 2003, c. 85, § 19, eff. Nov. 1, 2003.
§59-1271. Repealed by Laws 2003, c. 85, § 22, eff. Nov. 1, 2003.
§59-1271.1. Temporary suspension of license.
Notwithstanding any provisions of the Administrative Procedures Act, the State Board of Licensed Social Workers may, without a hearing, temporarily suspend a license for not more than sixty (60) days if the Board finds that a person licensed under the Social Worker's Licensing Act has violated a law or rule that the Board is empowered to enforce, and if continued practice by the licensed person would create an imminent risk of harm to the public. The suspension shall take effect upon written notice to the licensed person specifying the statute or rule violated. At the time it issues the suspension notice, the Board shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedures Act within thirty (30) days and shall provide the licensed person with notice of the date of hearing.
Added by Laws 2003, c. 85, § 20, eff. Nov. 1, 2003.
§59-1272. Use of title.
A. No provision of the Social Worker's Licensing Act shall be construed as prohibiting any person, whether or not that person may be licensed under the provisions of this act, and who is in fact a member of the Academy of Certified Social Workers, from continuing to use the title, Member, Academy of Certified Social Workers, and the abbreviation, ACSW.
B. No provision of this act shall be construed as prohibiting any person, whether or not that person may be licensed under the provisions of this act, and who is in fact credentialed as a Qualified Clinical Social Worker, from continuing to use the title, Qualified Clinical Social Worker, and the abbreviation, QCSW.
C. No provision of this act shall be construed as prohibiting any person, whether or not that person may be licensed under the provisions of this act, and who is in fact credentialed as a Diplomat in Clinical Social Work, from continuing to use the title, Diplomat in Clinical Social Work, and the abbreviation, DCSW.
Added by Laws 1965, c. 140, § 22. Amended by Laws 1980, c. 124, § 18, eff. Oct. 1, 1980; Laws 2003, c. 85, § 21, eff. Nov. 1, 2003.
§59-1272.1. Repealed by Laws 2003, c. 85, § 22, eff. Nov. 1, 2003.
§591273. Enforcement of act Surety for costs.
The Board shall enforce the provisions of this law and they shall be exempt from providing surety for the costs in connection with the commencement of any legal proceedings under this law.
Laws 1965, c. 140, § 23.
§591301. Definitions.
A. This act shall only apply to the regulation of bail bonds for crimes, the punishment of which may be in excess of Twenty Dollars ($20.00) fine or twenty (20) days in jail, or both such fine and imprisonment.
B. As used in this act:
1. "Commissioner" means the Insurance Commissioner of the State of Oklahoma;
2. "Clerk" means the district or municipal court clerk;
3. "Insurer" means any domestic, foreign or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state;
4. "Bail bondsman" means a surety bondsman, professional bondsman, property bondsman, or a cash bondsman as hereinafter defined;
5. "Surety bondsman" means any person who has been approved by the Commissioner and appointed by an insurer or a professional bondsman, by power of attorney, to execute or countersign bail bonds for the insurer or a professional bondsman, in connection with judicial proceedings and charges and receives money for his services;
6. "Managing general agent" (M.G.A.) means any person acting in the capacity of supervisor or manager over a licensed bondsman, who has been granted the authority or responsibility by a surety company to conduct surety business on its behalf, and to oversee the activities and conduct of the surety's appointed licensed bondsman agents, and who generally functions as an intermediate manager between the surety and its licensed bondsman agents. A managing general agent fulfilling these functions shall be a natural person, shall meet the qualifications of paragraph 5 of this subsection and shall be licensed as a bondsman;
7. "Professional bondsman" means any person who has been approved by the Commissioner and who pledges cash as security for a bail bond in connection with a judicial proceeding and charges and receives money for his services;
8. "Property bondsman" means any person who has been approved by the Commissioner and who pledges real property as security for a bail bond in a judicial proceeding and charges and receives money for his services;
9. "Cash bondsman" means any person who has been approved by the Commissioner and who deposits cash money as security for a bail bond in a judicial proceeding and charges and receives money for his services;
10. "Escrow deposit" means cash or valuable security deposited by an insurer of a surety bondsman or professional bondsman to secure the face amount of forfeiture pending appeal;
11. "Solicitation" means to ask for earnestly, seek to obtain by persuasion or entreaty, implore, beseech, tempt or entice a person directly or through another person by personal, mechanical, printed or published means to purchase a bail bond. Solicitation shall not include mass communication advertising, which shall include, but not be limited to, television, newspapers, magazines and billboards; and
12. "Bond" means an appearance bond for a specified monetary amount which is executed by the defendant and a licensed bondsman pursuant to the provisions of Section 1301 et seq. of this title and which is issued to a court clerk as security for the subsequent court appearance of the defendant upon release from actual custody pending the appearance.
Laws 1965, c. 184, § 1, eff. Jan. 1, 1966; Laws 1984, c. 225, § 1, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 3, eff. Nov. 1, 1987; Laws 1989, c. 348, § 23, eff. Nov. 1, 1989; Laws 1990, c. 195, § 3, emerg. eff. May 10, 1990; Laws 1992, c. 98, § 2, eff. Sept. 1, 1992; Laws 1993, c. 170, § 1, eff. Sept. 1, 1993.
§591302. Power of Commissioner Written instruments as evidence Investigative files confidential.
A. The Insurance Commissioner shall have full power and authority to administer the provisions of this act, which regulates bail bondsmen and to that end to adopt, and promulgate rules and regulations to enforce the purposes and provisions of this act. The Commissioner may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and he shall prescribe their duties and their compensation shall be the same as other state employees receive for similar services.
B. Any written instrument purporting to be a copy of any action, proceeding, or finding of fact by the Commissioner, or any record of the seal of his office shall be accepted by all the courts of this state as prima facie evidence of the contents thereof.
C. Open and ongoing investigative files shall not be open for review unless so ordered by a proper administrative order of the hearing examiner or Commissioner or by proper judicial order or legislative committee.
Amended by Laws 1984, c. 225, § 2, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 4, eff. Nov. 1, 1987.
§591303. License required Acts exempt Individual license Renewal Corporations Attorneys.
A. No person shall act in the capacity of a bail bondsman or perform any of the functions, duties or powers prescribed for bail bondsmen under the provisions of the act unless that person shall be qualified and licensed as provided in this act: Provided, however, that none of the provisions or terms of this section shall prohibit any individual or individuals from (1) pledging real or other property as security for a bail bond for himself or another in judicial proceedings who does not receive, or is not promised a fee or charge for his services provided such person shall not be permitted to make in excess of ten bonds per year or, (2) executing any bail bond for an insurer, pursuant to a bail bond service agreement entered into between such insurer and any automobile club or association, financing institution, insurance company or other organization or association, on behalf of a person required to furnish bail in connection with any violation of law arising out of the use of a motor vehicle.
B. No license shall be issued except in compliance with this act and none shall be issued except to an individual. License renewals shall be granted subject to all other provisions of this act.
A corporation as such shall not be licensed. Nothing herein contained shall be construed as repealing Section 11 of Title 5 of the Oklahoma Statutes; and it is further provided that licensed attorneys are prohibited from signing any bonds as surety in any civil or criminal action pending or about to be filed in any court of this state.
Amended by Laws 1982, c. 149, § 2, operative Oct. 1, 1982; Laws 1984, c. 225, § 3, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 5, eff. Nov. 1, 1987; Laws 1991, c. 139, § 1, emerg. eff. April 29, 1991.
§591304. Expiration date.
All licenses of bail bondsmen issued shall expire annually at 12:00 o'clock midnight on the last day of September, unless revoked or suspended prior thereto by the Insurance Commissioner, or upon notice served upon the Commissioner that the insurer or employer of any bail bondsman has canceled the licensee's authority to act for such insurer or employer.
Amended by Laws 1984, c. 225, § 4, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 6, eff. Nov. 1, 1987.
§59-1305. Applications - Contents - Interrogatories and investigation - Fee - Second and subsequent applications.
A. The application for license to serve as a bail bondsman must affirmatively show that the applicant:
1. Is a person who has reached the age of twenty-one (21) years;
2. Is of good character and reputation;
3. Has not been previously convicted of, or pled guilty or nolo contendere to, any felony, or to a misdemeanor involving moral turpitude or dishonesty;
4. Is a citizen of the United States;
5. Has been a bona fide resident of the state for at least one (1) year;
6. Will actively engage in the bail bond business;
7. Has knowledge or experience, or has received instruction in the bail bond business; and
8. Has a high school diploma or its equivalent; provided, however, the provisions of this paragraph shall apply only to initial applications for license submitted on or after November 1, 1997, and shall not apply to renewal applications for license.
B. The applicant shall apply in writing on forms prepared and supplied by the Insurance Commissioner, and the Commissioner may propound any reasonable interrogatories to an applicant for a license pursuant to Section 1301 et seq. of this title, or on any renewal thereof, relating to qualifications, residence, prospective place of business and any other matters which, in the opinion of the Commissioner, are deemed necessary or expedient in order to protect the public and ascertain the qualifications of the applicant. The Commissioner may also conduct any reasonable inquiry or investigation relative to the determination of the applicant's fitness to be licensed or to continue to be licensed including, but not limited to, requiring a national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
C. An applicant shall furnish to the Commissioner a license fee of Two Hundred Fifty Dollars ($250.00) with the application, a complete set of the applicant's fingerprints and two recent credential-size full face photographs of the applicant. The applicant's fingerprints shall be certified by an authorized law enforcement officer. The applicant shall provide with the application an investigative fee of One Hundred Dollars ($100.00) with which the Commissioner will conduct an investigation of the applicant. All fees shall be nonrefundable.
D. Failure of the applicant to secure approval of the Commissioner shall not preclude the applicant from reapplying, but a second application shall not be considered by the Commissioner within three (3) months after denial of the last application.
Added by Laws 1965, c. 184, § 5, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 5, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 7, eff. Nov. 1, 1987; Laws 1992, c. 98, § 3, eff. Sept. 1, 1992; Laws 1995, c. 357, § 1, eff. Nov. 1, 1995; Laws 1997, c. 251, § 1, eff. Nov. 1, 1997; Laws 1997, c. 418, § 120, eff. Nov. 1, 1997; Laws 2003, c. 204, § 5, eff. Nov. 1, 2003.
§59-1306. Cash bondsman - Professional bondsman.
A. 1. An applicant for a cash bondsman license shall meet all requirements set forth in Section 1305 of this title with exception of residence.
2. In addition to the requirements prescribed in Section 1305 of this title, an applicant for a professional bondsman license shall submit to the Insurance Commissioner financial statements prepared by an accounting firm or individual holding a permit to practice public accounting in this state in accordance with generally accepted principles of accounting procedures setting forth the total assets of the bondsman less liabilities and debts and which shall show a net worth of at least Fifty Thousand Dollars ($50,000.00), said statements to be current as of a date not earlier than ninety (90) days prior to submission of the application and the statement shall be attested to by an unqualified opinion of the accountant.
3. Professional bondsman applicants shall make a deposit with the Insurance Commissioner in the same manner as required of domestic insurance companies of an amount to be determined by the Commissioner, which shall not be less than Twenty Thousand Dollars ($20,000.00). Such deposits shall be subject to all laws, rules and regulations as deposits by domestic insurance companies but in no instance shall a professional bondsman write bonds which equal more than ten times the amount of the deposit which such bondsman has submitted to the Commissioner. In addition, a professional bondsman may make the deposit by purchasing an annuity through a licensed domestic insurance company in the State of Oklahoma. The annuity shall be in the name of the bondsman as owner with legal assignment to the Insurance Commissioner. The assignment form shall be approved by the Commissioner. If a bondsman exceeds the above limitation, the bondsman shall be notified by the Commissioner by mail with return receipt requested that the excess shall be reduced or the deposit increased within ten (10) days of notification, or the license of the bondsman shall be suspended immediately after the ten-day period, pending a hearing on the matter.
4. The deposit herein provided for shall constitute a reserve available to meet sums due on forfeiture of any bonds or recognizance executed by such bondsman.
5. Any deposit made by a professional bondsman pursuant to this section shall be released and returned by the Commissioner to the professional bondsman only upon extinguishment of all liability on outstanding bonds.
6. No release of deposits to a professional bondsman shall be made by the Commissioner except upon written application and the written order of the Commissioner. The Commissioner shall have no liability for any such release to a professional bondsman provided the release was made in good faith.
B. The deposit provided in this section shall be held in safekeeping by the Insurance Commissioner and shall only be used if a bondsman fails to pay an order and judgment of forfeiture after being properly notified or shall be used if the license of a professional bondsman has been revoked. The deposit shall be held in the name of the Insurance Commissioner and the bondsman. The bondsman shall execute an assignment of the deposit to the Insurance Commissioner for the payment of unpaid bond forfeitures.
C. Currently licensed professional bondsmen may maintain their aggregate liability limits upon presentation of documented proof that they have previously been granted a limitation greater than the requirements of subsection A of this section.
D. Notwithstanding any other provision of Section 1301 et seq. of this title, the license of a professional bondsman is transferable upon the death or legal or physical incapacitation of the bondsman to the bondsman's spouse, or to such other transferee as the professional bondsman may designate in writing, and the transferee may elect to act as a professional bondsman until the expiration of the license or for a period of one hundred eighty (180) days, whichever is greater, if the following conditions are met:
1. The transferee must hold a valid license as a surety bondsman in this state; and
2. The asset and deposit requirements set forth in this section continue to be met.
Added by Laws 1965, c. 184, § 6, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 6, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 8, eff. Nov. 1, 1987; Laws 1988, c. 177, § 1, emerg. eff. May 26, 1988; Laws 1995, c. 120, § 1, emerg. eff. April 21, 1995; Laws 1997, c. 251, § 2, eff. Nov. 1, 1997; Laws 2000, c. 103, § 1, eff. Nov. 1, 2000; Laws 2002, c. 307, § 35, eff. Nov. 1, 2002.
§591308. Examinations Fees.
A. The applicant for bail bondsman shall be required to appear in person and take a written examination prepared by the Insurance Commissioner, testing the applicant's ability and qualifications to be a bail bondsman. Applications are valid for six (6) months after submission. If an applicant has not acted upon the application within that period, a new application and fees shall be submitted for the applicant to be considered for licensure.
B. Each applicant shall become eligible for examination ninety (90) days after the date the application is received by the Commissioner, if the applicant has completed sixteen (16) hours of education as required by Section 1308.1 of this title and the Commissioner is otherwise satisfied as to the applicant's fitness to take the examination. Examinations shall be held at times and places as designated by the Commissioner, and the applicant shall be given notice of the time and place not less than fifteen (15) days prior to taking the examination.
C. The fee for the examination shall be One Hundred Dollars ($100.00) in addition to the license fee heretofore provided and shall be submitted after approval of the application but prior to taking the examination. Results will be mailed to the applicant within thirty (30) days after the applicant is examined.
D. The failure of an applicant to pass an examination shall not preclude the applicant from taking subsequent examinations; provided, however, that at least three (3) months must intervene between examinations; and provided further, after a third or subsequent examination failure, an applicant may not apply and be examined for at least one (1) year after the last examination failure.
Added by Laws 1965, c. 184, § 8, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 8, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 9, eff. Nov. 1, 1987; Laws 1989, c. 257, § 2, eff. Nov. 1, 1989; Laws 1991, c. 139, § 2, emerg. eff. April 29, 1991; Laws 1992, c. 98, § 4, eff. Sept. 1, 1992; Laws 1995, c. 357, § 2, eff. Nov. 1, 1995.
§59-1308.1. Examination - Educational requirements - Fee - Penalties.
A. In order to be eligible to take the examination required to be licensed as a bail bondsman, each person shall complete not less than sixteen (16) clock hours of education in subjects pertinent to the duties and responsibilities of a bail bondsman, including all laws and regulations related thereto. Further, each licensee shall complete annually not less than eight (8) clock hours of continuing education in said subjects prior to renewal of the license. Such continuing education shall not include a written or oral examination.
Provided, any person licensed as a bail bondsman prior to November 1, 1989, shall not be required to complete sixteen (16) clock hours of education prior to licensure but shall be subject to the eight-hours continuing education requirement in order to renew said license, except that a licensed bail bondsman who is sixty-five (65) years of age or older and who has been licensed as a bail bondsman for fifteen (15) years or more shall be exempt from both the education and continuing education requirements of this section.
B. The Oklahoma Bondsman Association shall provide education for bail bondsman licensure as required by this section; provided that the Insurance Commissioner shall approve the courses offered and provided further such education meets the general standards for education otherwise established by the Insurance Commissioner.
C. The Oklahoma Bondsman Association shall submit an annual fee of One Hundred Dollars ($100.00), payable to the Insurance Commissioner which shall be deposited in the Bail Bondsmen Revolving Fund for the purposes of fulfilling and accomplishing the conditions and purposes of this section.
D. Any person who falsely represents to the Insurance Commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1310 of this title.
E. The Commissioner shall adopt and promulgate such rules as are necessary for effective administration of this section.
Added by Laws 1989, c. 257, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 331, § 2, eff. Sept. 1, 1994; Laws 1998, c. 394, § 1, eff. July 1, 1998.
§59-1309. Renewal licenses.
A. A renewal license shall be issued by the Insurance Commissioner to a licensee who has continuously maintained same in effect, without further examination, upon payment of a renewal fee of One Hundred Dollars ($100.00) for a bail bondsman and proof of completion of eight (8) hours of continuing education as required by Section 1308.1 of this title. The renewal fee shall be submitted by September 15 of each year. Such licensee shall in all other respects be required to comply with and be subject to the provisions of Section 1301 et seq. of this title.
B. In case of renewal of a professional bondsman license, the application shall also provide a financial statement prepared by an accounting firm or individual holding a permit to practice public accounting in this state in accordance with generally accepted principles of accounting procedures showing assets, liabilities, and net worth, said statement to be as of a date not earlier than ninety (90) days prior to submission of the license renewal application. The statements shall be attested to by an unqualified opinion of the accounting firm or individual holding a permit to practice public accounting in this state that prepared the statement or statements. The statement shall be submitted by September 15 of each year.
C. In case of renewal of a property bondsman license, the application shall also provide a county assessor's written statement stating the property's assessed value for each property used to post bonds and a written statement from any lien holder stating the current payoff amount on each lien for each property used to post bonds. The written statements shall be submitted by September 15 of each year.
D. If the license is not renewed or the renewal fee is not paid by September 30 of each year, such license shall expire automatically pursuant to Section 1304 of this title. If after November 30 of each year the license has not been renewed or the renewal fee paid, then such licensee shall be required to apply for a license as a new applicant.
E. Late renewal fees shall be double the original fee.
Added by Laws 1965, c. 184, § 9, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 9, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 10, eff. Nov. 1, 1987; Laws 1989, c. 257, § 3, eff. Nov. 1, 1989; Laws 1992, c. 98, § 5, eff. Sept. 1, 1992; Laws 1994, c. 331, § 3, eff. Sept. 1, 1994; Laws 1995, c. 1, § 20, emerg. eff. Mar. 2, 1995.
NOTE: Laws 1994, c. 186, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff. Mar. 2, 1995.
§59-1310. Denial, censure, suspension, revocation or refusal to renew license - Grounds.
A. The Insurance Commissioner may deny, censure, suspend, revoke, or refuse to renew any license issued under Section 1301 et seq. of this title for any of the following causes:
1. For any cause for which issuance of the license could have been refused;
2. Violation of any laws of this state or any lawful rule, regulation, or order of the Commissioner relating to bail;
3. Material misstatement, misrepresentation, or fraud in obtaining the license;
4. Misappropriation, conversion, or unlawful withholding of monies or property belonging to insurers, insureds, or others received in the conduct of business under the license;
5. Conviction of, or having entered a plea of guilty or nolo contendere to, any felony or to a misdemeanor involving moral turpitude or dishonesty;
6. Fraudulent or dishonest practices in conducting business under the license;
7. Failure to comply with, or violation of any proper order, rule, or regulation of the Commissioner;
8. Recommending any particular attorney-at-law to handle a case in which the bail bondsman has caused a bond to be issued under the terms of Section 1301 et seq. of this title;
9. When, in the judgment of the Commissioner, the licensee has, in the conduct of affairs under the license, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the licensee unfit to carry on the bail bond business or making continuance in the business detrimental to the public interest, or that the licensee is no longer in good faith carrying on the bail bond business, or that the licensee is guilty of rebating, or offering to rebate, or dividing with someone other than a licensed bail bondsman, or offering to divide commissions in the case of limited surety agents, or premiums in the case of professional bondsmen, and for this conduct is found by the Commissioner to be a source of detriment, injury, or loss to the public;
10. For any materially untrue statement in the license application;
11. Misrepresentation of the terms of any actual or proposed bond;
12. For forging the name of another to a bond or application for bond;
13. Cheating on an examination for licensure;
14. Soliciting business in or about any place where prisoners are confined, arraigned, or in custody;
15. For paying a fee or rebate, or giving or promising anything of value to a jailer, trustee, police officer, law enforcement officer, or other officer of the law, or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or estreatment thereof, or to secure delay or other advantage. This shall not apply to a jailer, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant;
16. For paying a fee or rebating or giving anything of value to an attorney in bail bond matters, except in defense of an action on a bond;
17. For paying a fee or rebating or giving or promising anything of value to the principal or anyone in the principal's behalf;
18. Participating in the capacity of an attorney at a trial or hearing for one on whose bond the licensee is surety;
19. Accepting anything of value from a principal, other than the premium; provided, the bondsman shall be permitted to accept collateral security or other indemnity from the principal which shall be returned immediately upon final termination of liability on the bond and upon satisfaction of all terms, conditions, and obligations contained within the indemnity agreement. Collateral security or other indemnity required by the bondsman shall be reasonable in relation to the amount of the bond;
20. Willful failure to return collateral security to the principal when the principal is entitled thereto;
21. For failing to notify the Commissioner of a change of address, as noted on the license, within five (5) days after a change is made, or failing to respond to a properly mailed notification within a reasonable amount of time;
22. For failing to file a report as required by Section 1314 of this title;
23. For filing a materially untrue monthly report;
24. For filing false affidavits regarding cancellation of the appointment of an insurer;
25. Forcing the Commissioner to withdraw deposited monies to pay forfeitures or any other outstanding judgments;
26. For failing to pay any fees to a district court clerk as are required by this title or failing to pay any fees to a municipal court clerk as are required by this title or by Section 28-127 of Title 11 of the Oklahoma Statutes;
27. For uttering an insufficient check to the Insurance Commissioner for any fees, fines or other payments received by the Commissioner from the bail bondsman; and
28. For failing to pay travel expenses for the return of the defendant to custody once having guaranteed the expenses pursuant to the provisions of subparagraph d of paragraph 3 of subsection C of Section 1332 of this title.
B. In addition to any applicable denial, censure, suspension, or revocation of a license, any person violating any provision of Section 1301 et seq. of this title may be subject to a civil penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each occurrence. This fine may be enforced in the same manner in which civil judgments may be enforced. Any order for civil penalties entered by the Commissioner or authorized decision maker for the Insurance Department which has become final may be filed with the court clerk of Oklahoma County and shall then be enforced by the judges of said county.
C. No bail bondsman or bail bond agency shall advertise as or hold itself out to be a surety company.
D. If any bail bondsman is convicted by any court of a violation of any of the provisions of this act, the license of the individual shall therefore be deemed to be immediately revoked, without any further procedure relative thereto by the Commissioner.
E. For one (1) year after notification by the Commissioner of an alleged violation, or for two (2) years after the last day the person was licensed, whichever is the lesser period of time, the Commissioner shall retain jurisdiction as to any person who cancels his bail bondsman's license or allows the license to lapse, or otherwise ceases to be licensed, if the person while licensed as a bondsman allegedly violated any provision of this title. Notice and opportunity for hearing shall be conducted in the same manner as if the person still maintained a bondsman's license. If the Commissioner or a hearing examiner determines that a violation of the provisions of Sections 1301 through 1340 of this title occurred, any order issued pursuant to the determination shall become a permanent record in the file of the person and may be used if the person should request licensure or reinstatement.
F. Any law enforcement agency, district attorney's office, court clerk's office, or insurer that is aware that a licensed bail bondsman has been convicted of or has pleaded guilty or nolo contendere to any crime, shall notify the Insurance Commissioner of that fact.
Added by Laws 1965, c. 184, § 10, eff. Jan. 1, 1966. Amended by Laws 1973, c. 183, § 1, emerg. eff. May 16, 1973; Laws 1984, c. 225, § 10, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 11, eff. Nov. 1, 1987; Laws 1989, c. 257, § 4, eff. Nov. 1, 1989; Laws 1990, c. 195, § 4, emerg. eff. May 10, 1990; Laws 1995, c. 357, § 3, eff. Nov. 1, 1995; Laws 1997, c. 251, § 3, eff. Nov. 1, 1997; Laws 1997, c. 418, § 121, eff. Nov. 1, 1997.
§591311. Violation of laws or rules and regulations relating to bond Notice Temporary suspension of license.
If, after investigation, it shall appear to the satisfaction of the Insurance Commissioner that a bail bondsman or insurer has been guilty of violating any of the laws or rules or regulations of this state relating to bail bonds, the Commissioner shall provide notice in writing to the bail bondsman or to the insurer. Notice to the bail bondsman or insurer shall be by mail with return receipt requested at the lastknown address of the bail bondsman or insurer, in a manner and pursuant to the procedures set forth in Article II of the Administrative Procedures Act, Section 308a et seq. of Title 75 of the Oklahoma Statutes.
If the Commissioner determines that the conduct is such that it may be a detriment to the public, he may suspend the license of such bail bondsman or insurer pending hearing.
Added by Laws 1965, c. 184, § 11, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 11, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 12, eff. Nov. 1, 1987; Laws 1994, c. 186, § 2, eff. Sept. 1, 1994.
§591311.1. Hearings Record.
A. Hearings shall be held in the Insurance Commissioner's offices or at such other place as the Commissioner may deem convenient.
B. The Commissioner shall appoint an independent hearing examiner to preside at the hearing to sit in the capacity of a quasijudicial officer.
C. All hearings will be public and held in accordance with, and governed by, Article II of the Administrative Procedures Act, Section 308a et seq. of Title 75 of the Oklahoma Statutes.
D. If at a hearing the person presiding determines that a license which was suspended prior to the hearing pursuant to Section 1311 of this title shall be revoked or suspended, the period of revocation or suspension shall be deemed to have begun on the date the license was suspended pending the hearing.
E. The Commissioner, upon written request reasonably made by the licensed bail bondsman affected by the hearing, and at such bail bondsman's expense, shall cause a full stenographic record of the proceedings to be made by a competent court reporter.
F. The ordinary fees and costs of such hearing examiner may be assessed by the hearing examiner against the respondent, unless the respondent is the prevailing party.
Added by Laws 1984, c. 225, § 12, emerg. eff. May 23, 1984. Amended by Laws 1987, c. 211, § 13, eff. Nov. 1, 1987; Laws 1989, c. 257, § 5, eff. Nov. 1, 1989; Laws 1994, c. 186, § 3, eff. Sept. 1, 1994; Laws 2001, c. 363, § 29, eff. July 1, 2001.
§591311.2. Denial, suspension, revocation or refusal to renew license Effect.
A. No individual operating under any license which has been revoked by the Insurance Commissioner shall have the right to apply for another license under this act within one (1) year from the effective date of such revocation, or, if judicial review of such revocation is sought, within one (1) year from the date of final court order or decree affirming the revocation. However, the Commissioner may authorize the application for another license under this act by such an individual prior to the end of the oneyear period if the Commissioner finds that the individual meets the licensing requirements then in effect and if the Commissioner finds the circumstances for which the license was revoked no longer exists. The Commissioner shall not, however, grant a new license to any individual if he finds that the circumstances for which the previous license was revoked still exist or are likely to recur.
B. If a license as bail bondsman as to the same individual has been revoked at two separate times, the Commissioner may not thereafter grant or issue any license under this act as to such individual unless such individual can meet the licensing qualifications then in effect and if the Commissioner finds the circumstances for which the license was revoked no longer exists.
C. During the period of suspension, or after revocation of the license and prior to being issued a new license, the former licensee shall not engage in or attempt to profess to engage in any transaction or business for which a license is required under this act.
D. Upon suspension, revocation or refusal to renew or continue the license of a bail bondsman, the Commissioner may at the same time likewise suspend or revoke all other insurance agent licenses held by the licensee under the insurance laws of this state, if the Commissioner determines that such suspension or revocation is in the best interest of the public.
E. In case of the suspension or revocation of license of any bail bondsman, the license of any and all bail bondsmen who are members of a bail bond agency, whether incorporated or unincorporated, and who knowingly are parties to the act which formed the ground for the suspension or revocation may likewise be suspended or revoked for the same period as that of the offending bail bondsman; but this shall not prevent any bail bondsman, except the one whose license was first suspended or revoked or the bondsman member of the agency who was a knowing participant, from being licensed as a member of some other bail bond agency.
F. Though issued to a licensee, all certificates of licenses issued under this act are at all times the property of this state, and upon notice of any suspension, revocation, refusal to renew, expiration or other termination of the license, the licensee or other person having either the original or copy of the license shall promptly deliver the certificate of license or copy thereof to the Commissioner for cancellation.
G. As to any certificate of license lost, stolen or destroyed while in the possession of any such licensee or person, the Commissioner may accept in lieu of return of the certificate, the affidavit of the licensee or other person responsible for or involved in the safekeeping of such certificate, concerning the facts of such loss, theft or destruction. Willful falsification of any such affidavit shall, upon conviction, be subject to punishment as for perjury.
H. This section shall not be deemed to require the delivery to the Commissioner of any certificate of license which, as shown by specific date of expiration on the face of the license, has already expired, unless such delivery has been requested by the Commissioner.
Added by Laws 1984, c. 225, § 13, emerg. eff. May 23, 1984. Amended by Laws 1987, c. 211, § 14, eff. Nov. 1, 1987.
§591312. Appeals.
Any applicant for license as a bail bondsman whose application has been denied or whose license shall have been censured, suspended or revoked, or renewal thereof denied or a fine levied, shall have the right of appeal from such final order of the Commissioner thereon by filing a petition in the district court of Oklahoma County. Such judicial review shall be as prescribed by Sections 318 through 323 of Title 75 of the Oklahoma Statutes.
Laws 1965, c. 184, § 12, eff. Jan. 1, 1966; Laws 1984, c. 225, § 14, emerg. eff. May 23, 1984; Laws 1992, c. 98, § 6, eff. Sept. 1, 1992.
§59-1314. Written receipt for collateral - Description of collateral - Fiduciary duties - Monthly reports - Records - Reviewal fee.
A. When a bail bondsman or managing general agent accepts collateral, he or she shall give a written receipt for same, and this receipt shall give in detail a full description of the collateral received. A description of the collateral shall be listed on the undertaking by affidavit. All property taken as collateral, whether personal, intangible or real, shall be receipted for and deemed, for all purposes, to be in the name of, and for the use and benefit of, the surety company or licensed professional bondsman, as the case may be. Every receipt, encumbrance, mortgage or other evidence of such custody, possession or claim shall facially indicate that it has been taken or made on behalf of the surety company or professional bondsman through its authorized agent, the individual licensed bondsman or managing general agent who has transacted the undertaking with the bond principal. Any mortgage or other encumbrance against real property taken under the provisions of this section which does not indicate beneficial ownership of the claim to be in favor of the surety company or professional bondsman shall be deemed to constitute a cloud on the title to real estate and shall subject the person filing, or causing same to be filed, in the real estate records of the county, to a penalty of treble damages or One Thousand Dollars ($1,000.00), whichever is greater, in an action brought by the person, organization or corporation injured thereby. For collateral taken, or liens or encumbrances taken or made pursuant to the provisions of this section, the individual bondsman or managing general agent taking possession of the property or making the lien, claim or encumbrance shall do so on behalf of his or her surety company or professional bondsman, as the case may be, and such individual licensed bondsman shall be deemed to act in the capacity of fiduciary in relation to both:
1. The principal or other person from whom such property is taken or claimed against, and
2. The surety company or professional bondsman whose agent the licensed bondsman is.
As fiduciary and bailee for hire, the individual bondsman shall be liable in criminal or civil actions at law for failure to properly receipt or account for, maintain or safeguard, release or deliver possession upon lawful demand, in addition to any other penalties set forth in this subsection. No person who takes possession of property as collateral pursuant to this section shall use or otherwise dissipate such asset, or do otherwise with such property than to safeguard and maintain its condition pending its return to its lawful owner, or deliver to the surety company or professional bondsman, upon lawful demand pursuant to the terms of the bailment.
B. Every licensed bondsman shall file monthly by mail with return receipt requested with the Insurance Commissioner and on forms prescribed by the Commissioner as follows:
1. A notarized monthly report showing every bond written, amount of bond, whether released or revoked during each month, showing the court and county, and the style and number of the case, premiums charged and collateral received; and
2. Professional bondsmen shall submit by mail with return receipt requested notarized monthly reports showing total current liabilities, all bonds written during the month by the professional bondsman and by any licensed bondsman who may countersign for him or her, all bonds terminated during the month, and the total liability and a list of all bondsmen currently employed by such professional bondsmen.
Monthly reports shall be postmarked or stamped "received" by the Insurance Commissioner by the fifteenth day of each month. Said records shall be maintained by the Commissioner as public records.
C. Every licensee shall keep at his or her place of business the usual and customary records pertaining to transactions authorized by his or her license. All such records shall be available and open to the inspection of the Commissioner at any time during business hours during the three (3) years immediately following the date of the transaction. The Commissioner may require a financial examination or market conduct survey during any investigation of a licensee.
D. Each bail bondsman shall submit each month with his or her monthly report, a reviewal fee equal to two-tenths of one percent (2/10 of 1%) of the new liability written for that month. Such fee shall be payable to the Insurance Commissioner who shall deposit same with the State Treasurer, who shall place the monies to the credit of the Bail Bondsmen Revolving Fund. The monies so deposited shall be used for the further regulation of bail bonds pursuant to the provisions of this act.
Added by Laws 1965, c. 184, § 15, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 15, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 15, eff. Nov. 1, 1987; Laws 1988, c. 177, § 2, emerg. eff. May 26, 1988; Laws 1989, c. 257, § 6, eff. Nov. 1, 1989; Laws 1990, c. 195, § 5, emerg. eff. May 10, 1990; Laws 1993, c. 170, § 2, eff. Sept. 1, 1993; Laws 1998, c. 394, § 2, eff. July 1, 1998.
§59-1315. Persons or classes prohibited as bondsmen - Exemptions.
A. The following persons or classes shall not be bail bondsmen and shall not directly or indirectly receive any benefits from the execution of any bail bond:
1. Persons convicted of, or who have pled guilty or nolo contendere to, a felony or a misdemeanor involving dishonesty or moral turpitude;
2. Jailers;
3. Police officers;
4. Committing judges;
5. Municipal or district court judges;
6. Prisoners;
7. Sheriffs, deputy sheriffs and any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners;
8. Any person who possesses a permit pursuant to the provisions of Section 163.11 of Title 37 of the Oklahoma Statutes or is an officer, director or stockholder of any corporation holding such a permit;
9. Any person who is an agent, employee, or owner of any establishment at which low-point beer as defined by Section 163.2 of Title 37 of the Oklahoma Statutes is sold for on-premises consumption;
10. Any person who holds any license provided for in Section 518 of Title 37 of the Oklahoma Statutes or is an agent, officer, or employee of any such licensee;
11. Any person who holds any license or permit from any city, town, county, or other governmental subdivision for the operation of any private club at which alcoholic beverages are consumed or provided; and
12. Any person, agent, or employee of a retail liquor package store.
B. This section shall not apply to a sheriff, deputy sheriff, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant.
C. The provisions of this section shall not apply to persons possessing permits or licenses pertaining to low-point beer or alcoholic beverages, as defined in Sections 163.2 and 506 of Title 37 of the Oklahoma Statutes, which were issued prior to May 23, 1984. No one shall be permitted to maintain an office for conducting bail bonds business where low-point beer or alcoholic beverages are sold for on-premises consumption.
Added by Laws 1965, c. 184, § 15, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 16, emerg. eff. May 23, 1984; Laws 1985, c. 114, § 1, emerg. eff. May 31, 1985; Laws 1987, c. 211, § 16, eff. Nov. 1, 1987; Laws 1995, c. 274, § 49, eff. Nov. 1, 1995; Laws 1997, c. 418, § 122, eff. Nov. 1, 1997; Laws 1998, c. 5, § 18, emerg. eff. March 4, 1998.
NOTE: Laws 1997, c. 251, § 4 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.
§59-1316. Signing of bonds - Submission of agreements for approval - Receipt - Power of attorney.
A. 1. A bail bondsman shall neither sign nor countersign in blank any bond, nor shall the bondsman give a power of attorney to, or otherwise authorize, anyone to countersign his or her name to bonds unless the person so authorized is a licensed surety bondsman or managing general agent directly employed by a licensed professional bondsman giving such power of attorney. The professional bondsman shall submit to the Commissioner the agreement between the professional bondsman and the employed bondsman. The professional bondsman shall notify the Commissioner whenever any agreement is canceled.
2. Bail bondsmen shall not allow other licensed bondsmen to present bonds that have previously been signed and completed by other licensed bondsmen unless a written authorization is on file with the court clerk where the bond is filed. The individual that presents the bond shall sign the form in the presence of the official that receives the bond.
B. Premium charged must be indicated on the appearance bond prior to the filing of the bond.
C. A bail bondsman shall provide the indemnitors with a proper receipt which shall include fees, premium or other payments and copies of any agreements executed relating to the appearance bond.
D. All surety bondsmen or managing general agents shall attach a completed power of attorney to the appearance bond that is filed with the court clerk on each bond written.
E. Any bond written in this state shall contain the name and last-known mailing address of the bondsman and, if applicable, of the insurer.
Added by Laws 1965, c. 184, § 16, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 17, emerg. eff. May 23, 1984; Laws 1989, c. 257, § 7, eff. Nov. 1, 1989; Laws 1990, c. 195, § 6, emerg. eff. May 10, 1990; Laws 1993, c. 170, § 3, eff. Sept. 1, 1993; Laws 2004, c. 550, § 1, eff. July 1, 2004; Laws 2005, c. 386, § 4, eff. Nov. 1, 2005.
§59-1317. Sureties to give notice of appointment of bondsmen or managing general agent - Filing fee - Termination of appointment - Affidavit - Authority of bondsmen.
A. Every surety who appoints a surety bondsman or managing general agent in the state, shall give notice thereof to the Commissioner. The filing fee for appointment of each surety bondsman or managing general agent shall be Ten Dollars ($10.00), payable to the Commissioner and shall be submitted with the appointment. The appointment shall remain in effect until the surety submits a notice of cancellation to the Commissioner. If the surety changes the liability limitations of the surety bondsman or the managing general agent, or any other provisions of the appointment, the surety shall submit an amended appointment form and a filing fee of Ten Dollars ($10.00) payable to the Commissioner.
B. A surety terminating the appointment of a surety bondsman or managing general agent immediately shall file written notice thereof with the Commissioner, together with a statement that it has given or mailed notice to the surety bondsman or managing general agent. The notice filed with the Commissioner shall state the reasons, if any, for the termination.
C. Prior to issuance of a new surety appointment for a surety bondsman or managing general agent, the bondsman or agent shall file an affidavit with the Commissioner stating that no forfeitures are owed to any court, no fines are owed to the insurance department, and no premiums or indemnification for forfeitures or fines are owed to any insurer. This provision shall not require that all outstanding liabilities have been exonerated, but may provide that the liabilities are still being monitored by the bondsman or agent.
D. Every bail bondsman who negotiates and posts a bond shall, in any controversy between the defendant, indemnitor, or guarantor and the bail bondsman or surety, be regarded as representing the surety. This provision shall not affect the apparent authority of a bail bondsman as an agent for the insurer.
Added by Laws 1965, c. 184, § 17, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 18, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 17, eff. Nov. 1, 1987; Laws 1989, c. 257, § 8, eff. Nov. 1, 1989; Laws 1990, c. 195, § 7, emerg. eff. May 10, 1990; Laws 1995, c. 357, § 4, eff. Nov. 1, 1995; Laws 2004, c. 167, § 1, eff. Nov. 1, 2004.
§591318. Discontinuance of writing bail bonds.
A. Any bail bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerks of the district courts and the sheriffs with whom he is registered and return his license to the Commissioner for cancellation within thirty (30) days from such discontinuance. Prior to the discontinuance of licensure, the bail bondsman shall make and submit to the Commissioner a list of all outstanding bonds and obtain a release for each bond that he has written from the court clerk or sheriff of each county in which a bond is written or an affidavit from another bondsman stating that such bonds have been transferred to his care.
B. Any person convicted of violating this section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
Amended by Laws 1984, c. 225, § 19, emerg. eff. May 23, 1984.
§591320. Registration of license and fee Proof of residency List of bondsmen County not having licensed bondsman Filing of appointment Number of bonds which may be written.
A. No bail bondsman shall become a surety on an undertaking unless he has first registered his license in the office of the sheriff and with the clerk of the district court in the county in which the bondsman resides or offices, but not both. In the county in which a bondsman registers his license, he shall provide the court clerk with proof that he is a resident of said county or that he offices in said county. The court clerk of the county shall provide a list of bondsmen permitted to write surety in that county to the judges and law enforcement offices of that county. In any county not having a licensed bondsman authorized to do business within said county, the court having jurisdiction shall allow and fix bail.
A surety bondsman shall also file a certified copy of his appointment by power of attorney from the insurer which he represents as agent with each of said officers. A fee of Ten Dollars ($10.00) shall be paid to the district court clerk for each county in which the bail bondsman registers his license. The fee shall be payable annually by the date of license renewal. The clerk of the district court and the sheriff shall not permit the registration of a bail bondsman unless such bondsman is currently licensed by the Insurance Commissioner under the provisions of Section 1301 et seq. of this title.
B. Notwithstanding the foregoing provisions of this section, a bondsman may write bonds on no more than ten defendants per year in each of the remaining seventysix counties of this state in which the bondsman cannot register his license. Provided, however, a bondsman shall not be limited to writing bonds on only ten defendants per year in a county which does not have a licensed bondsman registered in said county. The bondsman shall advise the court clerk of each such county in writing of his intention to write bonds in the county and shall file a certified copy of his license with and pay a fee of Ten Dollars ($10.00) to each such court clerk.
Laws 1965, c. 184, § 20, eff. Jan. 1, 1966; Laws 1984, c. 225, § 21, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 18, eff. Nov. 1, 1987; Laws 1989, c. 257, § 9, eff. Nov. 1, 1989; Laws 1992, c. 98, § 7, eff. Sept. 1, 1992.
§591321. Qualifications of sureties.
Each and every surety for the release of a person on bail shall be qualified as:
(1) An insurer and represented by a surety bondsman or bondsmen; or
(2) A professional bondsman properly qualified and approved by the Insurance Commissioner; or
(3) A cash bondsman; or
(4) A property bondsman; or
(5) A natural person who has reached the age of twentyone (21) years, a citizen of the United States and a bona fide resident of Oklahoma for a period of six (6) months immediately last past and who holds record title to property in Oklahoma, cash or other things of value, acceptable to the proper authority approving the bail bond.
Amended by Laws 1987, c. 211, § 19, eff. Nov. 1, 1987.
§59-1322. Affidavit as to undertaking.
A. Every "bondsman" shall file with the undertaking an affidavit stating whether or not he or anyone for his use has been promised or has received any security or consideration for his undertaking, and if so, the nature and description of security and amount thereof, and the name of the person by whom such promise was made or from whom such security or consideration was received. Any willful misstatement in such affidavit relating to the security or consideration promised or given shall render the person making it subject to the same prosecution and penalty as one who commits the felony of perjury.
B. An action to enforce any indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in such affidavit. In an action by the indemnitor against the surety to recover any collateral or security given by the indemnitor, such surety shall have the right to retain only such security or collateral as it mentioned in the affidavit required above.
C. If security or consideration other than that reported on the original affidavit is received after the affidavit is filed with the court clerk, an amended affidavit shall be filed with the court clerk indicating such receipt of security or consideration.
Added by Laws 1965, c. 184, § 22, eff. Jan. 1, 1966. Amended by Laws 1993, c. 170, § 4, eff. Sept. 1, 1993; Laws 1997, c. 133, § 510, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 371, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 510 from July 1, 1998, to July 1, 1999.
§591323. Cash bond.
When the defendant has been admitted to bail, he, or another in his behalf, may make a cash bond by depositing with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the state, or of any county, city or town within the state, equal in market value to the amount of such bail, together with his personal undertaking and an undertaking of such other person, if the money or bonds are deposited by another. Upon delivery to the official, in whose custody the defendant is, of a certificate of such deposit, he shall be discharged from custody in the cause.
Laws 1965, c. 184, § 23, eff. Jan. 1, 1966.
§591324. Property bond.
Where the undertaking is a property bond, whether posted by a bail bondsman, the defendant personally, or by any other person, said bond shall give the legal description of the property, the assessed valuation, the amount of encumbrances, if any, and the status of the legal title, all by affidavit. Any property located within the state wherein the bail is allowed, that is subject to execution shall be accepted for security on a property bond for the market value of the property. Market value is defined to be four times the assessed valuation of the property as recorded on the tax rolls, less any encumbrances thereon; provided, that homesteads may be accepted as security for appearance if the homestead exemption is waived in writing. Such waiver shall be verified and executed by the spouse, if any. The property listed upon any property bond or bonds will be security on said bonds up to the aggregate amounts as follows:
(A) In the event of bonds written by a licensed property bondsman; four times the market value of said property.
(B) All other property bonds; in the face amount of the market value of said property.
The court clerk, upon the approval of a property bond, shall forthwith file a certified copy of said bond in the office of the county clerk in which the property is located, transmitting to the county clerk the filing fee which will be paid by the person executing said bond. The county clerk shall index said bond upon his tract index as a lien against said described property, and such bond shall be a lien upon the real estate described therein until a certificate discharging said bond shall be filed in the office of the county clerk. Said lien shall be superior to any conveyance, encumbrance or lien thereafter pertaining to said property. When said bond shall have been discharged, the clerk of said court shall issue to the surety a certificate of discharge describing the bond and the real property, which shall, upon filing with the county clerk and the payment of the filing fee, be recorded in the tract index. An abstract company preparing an abstract upon such real estate, shall be required to list in said abstract only the undischarged liens and shall not list any discharge liens.
Laws 1965, c. 184, § 24; Laws 1970, c. 191, § 1, emerg. eff. April 13, 1970.
§591325. Substitution of bail.
Bail may be substituted, without additional premium being charged, by the defendant or bondsman, at any time before a breach of the undertaking, by substituting any other proper and sufficient bond of like value as provided herein. The official taking the new bail shall make an order as follows:
1. Where money had been deposited, that the money be refunded to the person depositing the same; and
2. Where property had been pledged, that a certificate of discharge be issued and the lien previously filed be released .
The original undertakings of whatever nature shall be canceled and the new undertaking shall be substituted therefor.
Laws 1965, c. 184, § 25, eff. Jan. 1, 1966; Laws 1993, c. 170, § 5, eff. Sept. 1, 1993.
§591326. Defects, omissions, irregularities, etc.
A. No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, or because the undertaking was entered into on Sunday or other holiday, if it appears from the tenor of the undertaking before what judge or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.
B. If no day is fixed for the appearance of the defendant, or an impossible day or a day in vacation, the undertaking, if for his appearance before a judge for a hearing, shall bind the defendant to appear in ten (10) days from the receipt of notice thereof to the defendant, his counsel, and any surety or bondsman on the undertaking; and if for his appearance in a court for trial, shall bind the defendant so to appear on the first day of the next term of court which shall commence more than three (3) days after the giving of the undertaking.
C. The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency or competency provided in the criminal procedure law, or by reason of any other agreement that is expressed in the undertaking, or because the defendant has not joined in the undertaking.
Amended by Laws 1984, c. 225, § 22, emerg. eff. May 23, 1984.
§59-1327. Surrender of defendant prior to breach - Defendant in custody in another jurisdiction - Recommitment of defendant - Exoneration of bond in original court.
A. At any time before there has been a breach of the undertaking in any type of bail provided herein, the surety or bondsman may surrender the defendant, or the defendant may surrender himself or herself, to the official to whose custody the defendant was committed at the time bail was taken, or to the official into whose custody the defendant would have been given had he or she been committed. The defendant may be surrendered without the return of premium for the bond if he or she has been guilty of nonpayment of premium, changes address without notifying his or her bondsman, conceals himself or herself, leaves the jurisdiction of the court without the permission of his or her bondsman, or violates his or her contract with the bondsman in any way that does harm to the bondsman, or the surety, or violates his or her obligation to the court. When a bondsman or surety surrenders a defendant pursuant to this subsection, the bondsman or surety shall file written notification of the surrender. After surrender, and upon filing of written notification of the surrender, the bond shall be exonerated and the clerk shall enter a minute in the case exonerating the bond.
B. If the defendant has been placed in custody of another jurisdiction, the district attorney shall direct a hold order to the official, judge or law enforcement agency where the defendant is in custody. All reasonable expenses accrued in returning the defendant to the original court shall be borne by the bondsman who posted the bond with that court. Upon application, the bond in the original court shall be exonerated when the hold order is placed and upon proof of payment of expenses by the bondsman.
C. If the defendant has been arrested on new charges and is in the custody of the same jurisdiction in which the bondsman or surety has posted an appearance bond or bonds for the defendant, and the bond or bonds have not been exonerated, and certified copies of bonds are not reasonably available, the bondsman or surety may recommit the defendant to be held in custody on the charges for which the bondsman or surety has previously posted appearance bonds thereon, in accordance with the following procedure:
1. On a Recommitment of Defendant by Bondsman form approved by the Administrative Office of the Courts, the bondsman or surety shall personally affix his or her signature to an affidavit attesting to the following:
a. the defendant is presently in the custody of the jurisdiction in which the bondsman or surety has posted a bond or bonds,
b. the case number, if any, assigned to each bond,
c. that the bond or bonds have not been exonerated, and
d. the specific charges and bond amount or amounts;
2. The bondsman or surety shall present the Recommitment of Defendant by Bondsman form to the official in whose custody the defendant is being held, and the official shall detain the defendant in his or her custody, thereon, as upon a commitment, and by a certificate in writing acknowledging the surrender; and
3. When a bondsman or surety recommits a defendant pursuant to this subsection, the bondsman or surety shall file a written notification thereof to the court, and after such notification, the bond or bonds shall be exonerated, and the clerk shall enter a minute in the case exonerating the bond or bonds.
D. When a defendant does appear before the court as required by law and enters a plea of guilty or nolo contendere, is sentenced or a deferred sentence is granted as provided for in Section 991c of Title 22 of the Oklahoma Statutes, in such event the undertaking and bondsman and insurer shall be exonerated from further liability.
Added by Laws 1965, c. 184, § 27, eff. Jan. 1, 1966. Amended by Laws 1991, c. 139, § 3, emerg. eff. April 29, 1991; Laws 1993, c. 170, § 6, eff. Sept. 1, 1993; Laws 1999, c. 386, § 4, eff. Nov. 1, 1999; Laws 2002, c. 390, § 19, emerg. eff. June 4, 2002; Laws 2003, c. 66, § 1, eff. Nov. 1, 2003; Laws 2005, c. 71, § 1, eff. Nov. 1, 2005.
§59-1328. Procedure for surrender of defendant - Recommitment procedure.
The person desiring to make a surrender of the defendant shall procure a certified copy of the undertakings and deliver them together with the defendant to the official in whose custody the defendant was at the time bail was taken, or to the official into whose custody he or she would have been given had he or she been committed, who shall detain the defendant in his or her custody thereon, as upon a commitment, and by a certificate in writing acknowledge the surrender.
Upon the presentation of certified copy of the undertaking and the certificate of the official, the court before which the defendant has been held to answer or the court in which the preliminary examination, indictment, information or appeal, as the case may be is pending shall, upon notice of three (3) days given by the person making the surrender to the prosecuting officer of the court having jurisdiction of the offense, together with a copy of the undertakings and certificate, order that the obligors be exonerated from liability on their undertakings; and, if money has been deposited as bail, that such money or bonds be refunded. If property pledged, a certificate of exoneration be issued and the lien previously filed be released and the undertakings of whatever nature be canceled.
If certified copies of bonds are not reasonably available, the bondsman or surety may recommit the defendant to be held in custody on the charges for which the bondsman or surety has previously posted appearance bonds thereon in accordance with the following procedure:
1. On a Recommitment of Defendant by Bondsman form approved by the Administrative Office of the Courts, the bondsman or surety shall personally affix his or her signature to an affidavit attesting to the following:
a. the bondsman or surety has posted a bond or bonds for the defendant and is hereby presented to the official in whose custody the defendant was at the time bail was taken,
b. the case number, if any, assigned to each bond, and
c. the specific charges and bond amount or amounts;
2. The bondsman or surety shall present the Recommitment of Defendant by Bondsman form to the official in whose custody the defendant is being surrendered, and the official shall detain the defendant in his or her custody thereon, as upon a commitment, and by a certificate in writing acknowledging the surrender; and
3. When a bondsman or surety recommits a defendant pursuant to this subsection, the bondsman or surety shall file a written notification thereof to the courts, and after such notification, the bond or bonds shall be exonerated and the clerk shall enter a minute in the case exonerating the bond or bonds.
Added by Laws 1965, c. 184, § 28, eff. Jan. 1, 1966. Amended by Laws 2005, c. 71, § 2, eff. Nov. 1, 2005.
§59-1329. Arrest - Commitment.
For the purpose of surrendering the defendant, the surety may arrest him before the forfeiture of the undertaking, or by written authority endorsed on a certified copy of the undertaking, may empower any peace officer to make arrest, first paying the lawful fees therefor. In addition, the bondsman may surrender the defendant by following the commitment procedures as set forth in subsection C of Section 1327 of this title.
Added by Laws 1965, c. 184, § 29, eff. Jan. 1, 1966. Amended by Laws 2005, c. 71, § 3, eff. Nov. 1, 2005.
§591331. Property bond Forfeiture Filing fee Collection of forfeiture.
A. If the undertaking is a property bond, the clerk shall record the order and judgment of forfeiture in the proper records of said county. Any filing fees shall be paid by the party filing such property bond.
B. Collection of such property bond forfeiture shall be accomplished by the proper court authorities.
Amended by Laws 1984, c. 225, § 23, emerg. eff. May 23, 1984.
§59-1332. Forfeiture procedure.
A. If there is a breach of an undertaking, the court before which the cause is pending shall issue an arrest warrant for the defendant and declare the undertaking and any money, property, or securities that have been deposited as bail, forfeited on the day the defendant failed to appear. In the event of the forfeiture of a bail bond the clerk of the trial court shall, within thirty (30) days after the forfeiture, by mail with return receipt requested, mail a true and correct copy of the order and judgment of forfeiture to the bondsman, and if applicable, the insurer, whose risk it is, and keep at least one copy of the order and judgment of forfeiture on file; provided, the clerk shall not be required to mail the order and judgment of forfeiture to the bondsman or insurer if, within fifteen (15) days from the date of forfeiture, the defendant is returned to custody, the bond is reinstated by the court with the bondsman's approval, or the order of forfeiture is vacated or set aside by the court. Failure of the clerk of the trial court to comply with the thirty-day notice provision in this subsection shall exonerate the bond by operation of law.
B. The order and judgment of forfeiture shall be on forms prescribed by the Administrative Director of the Courts.
C. 1. The bail bondsman shall have ninety (90) days from receipt of the order and judgment of forfeiture from the court clerk or mailing of the notice if no receipt is made, to return the defendant to custody.
2. When the court record indicates that the defendant is returned to custody in the jurisdiction where forfeiture occurred, within the ninety-day period, the court clerk shall enter minutes vacating the forfeiture and exonerating the bond. If the defendant has been timely returned to custody, but this fact is not reflected by the court record, the court shall vacate the forfeiture and exonerate the bond.
3. For the purposes of this section, return to custody shall mean:
a. the return of the defendant to the appropriate Oklahoma law enforcement agency by the bondsman,
b. an appearance of the defendant in open court in the court where charged,
c. arrest or incarceration within this state of the defendant by law enforcement personnel, or
d. arrest or incarceration of the defendant in any other jurisdiction provided, the bondsman has requested that a hold be placed on the defendant in the jurisdiction wherein the forfeiture lies, and has guaranteed reasonable travel expenses for the return of the defendant.
4. In addition to the provisions set forth in paragraphs 2 and 3 of this subsection, the bond shall be exonerated by operation of law in any case in which:
a. the bondsman has requested in writing of the sheriff's department in the county where the forfeiture occurred that the defendant be entered into the computerized records of the National Crime Information Center, and
b. the request has not been honored within thirty (30) business days of the receipt of the written request by the department.
5. The court may, in its discretion, vacate the order of forfeiture and exonerate the bond where good cause has been shown for:
a. the defendant's failure to appear, or
b. the bondsman's failure to return the defendant to custody within ninety (90) days.
D. 1. If, within ninety (90) days from receipt of the order and judgment of forfeiture from the court clerk, or mailing of the notice if no receipt is made, the defendant is not returned to custody, or the forfeiture has not been stayed, the bondsman and if applicable, the insurer whose risk it is, shall deposit cash or other valuable securities in the face amount of the bond with the court clerk ninety-one (91) days from receipt of the order and judgment of forfeiture from the court clerk, or mailing of the notice if no receipt is made; provided, this provision shall not apply if the defendant has been returned to custody within the ninety-day period and the court has failed to vacate the forfeiture pursuant to paragraphs 2 through 5 of subsection C of this section.
2. After the order and judgment has been paid, the bondsman and if applicable, the insurer, whose risk it is, may file a motion for remitter within one hundred eighty (180) days from receipt of the order and judgment of forfeiture, or mailing of the notice if no receipt is made, and upon the event the defendant is returned to custody within ninety (90) days after payment is due, and all expenses for the defendant's return have been paid by the bondsman, the bondsman's property shall be returned.
3. If the additional cash or securities are not deposited with the court clerk on or before the ninety-first day after the date of service of the order and judgment of forfeiture from the court clerk, or mailing of the notice if no receipt is made, then the court clerk shall notify the Insurance Commissioner by sending a certified copy of the order and judgment of forfeiture and proof that the bondsman and, if applicable, the insurer have been notified by mail with return receipt requested.
4. The Insurance Commissioner shall:
a. in the case of a surety bondsman, immediately cancel the license privilege and authorization of the insurer to do business within the State of Oklahoma and cancel the appointment of all surety bondsman agents of the insurer who are licensed by Section 1301 et seq. of this title, and
b. in the case of a professional bondsman, withdraw the face amount of the said forfeiture from the deposit provided in Section 1306 of this title. The Commissioner shall then immediately direct the professional bondsman, by mail with return receipt requested, to make additional deposits to bring the original deposit to the required level. Should the professional bondsman, after being notified, fail to make an additional deposit within ten (10) days from the receipt of notice, or mailing of notice if no receipt is made, the license shall be revoked and all sums presently on deposit shall be held by the Commissioner to secure the face amounts of bonds outstanding. Upon release of the bonds, any amount of deposit in excess of the bonds shall be returned to the bondsman; provided, the bail bondsman shall have had notice as required by the court, at the place of the bondsman's business, of the trial or hearing of the defendant named in the bond. The notice shall have been at least ten (10) days before the required appearance of the defendant, unless the appearance is scheduled at the time of execution of the bond. Notwithstanding the foregoing, the bondsman shall be deemed to have had notice of the trial or hearing if the defendant named in the bond shall have been recognized back in open court to appear at a date certain for the trial or hearing.
5. If the actions of any bail bondsman force the Insurance Commissioner to withdraw monies, deposited pursuant to Section 1306 of this title, to pay past due executions more than two (2) times in a consecutive twelve-month period, then the license of the professional bondsman shall, in addition to other penalties, be suspended automatically for one (1) year or until a deposit equal to all outstanding forfeitures due is made. The deposit shall be maintained until the Commissioner deems it feasible to reduce the deposit. In no case shall an increased deposit exceed two (2) years unless there is a recurrence of withdrawals as stated herein.
E. 1. If the defendant's failure to appear was the result of the defendant's death or of being in the custody of a court other than the court in which the appearance was scheduled, forfeiture shall not lie. Upon proof to the court that the bondsman paid the order and judgment of forfeiture without knowledge that the defendant was deceased or in custody of another court on the day the defendant was due to appear, and all expenses for the defendant's return have been paid by the bondsman, the bondsman's property shall be returned.
2. Where the defendant is in the custody of another court, the district attorney or municipal attorney shall direct a hold order to the official, judge, court or law enforcement agent wherein the defendant is in custody; provided, that all expenses accrued as a result of returning the custody of the defendant shall be borne by the bondsman.
F. The district attorney or municipal attorney shall not receive any bonuses or other monies or property for or by reason of services or actions in connection with or collection of bond forfeitures under the provisions of Section 1301 et seq. of this title, except that the court may award a reasonable attorney fee in favor of the prevailing party for legal services in any civil action or proceeding to collect upon a judgment of forfeiture.
G. The above procedures shall be subject to the bondsman's rights of appeal. The bondsman or insurer may appeal an order and judgment of forfeiture pursuant to the procedures for appeal set forth in Section 951 et seq. of Title 12 of the Oklahoma Statutes. To stay the execution of the order and judgment of forfeiture, the bondsman or insurer shall comply with the provisions set forth in Section 990.4 of Title 12 of the Oklahoma Statutes.
H. For municipal courts of record, the above procedures are criminal in nature and ancillary to the criminal procedures before the trial court and shall be subject to the bondsman's right of appeal. The bondsman or insurer may appeal an order and judgment of forfeiture by the municipal courts of record to the Court of Criminal Appeals.
I. Upon a motion to the court, any person executing a bail bond as principal or as surety shall be exonerated after three (3) years have elapsed from the posting of the bond, unless a judgment has been entered against the surety or the principal for the forfeiture of the bond, or unless the court grants an extension of the three-year time period for good cause shown, upon motion by the prosecuting attorney.
Added by Laws 1965, c. 184, § 32, eff. Jan. 1, 1966. Amended by Laws 1971, c. 108, §1, eff. Oct. 1, 1971; Laws 1976, c. 14, § 2; Laws 1982, c. 149, § 4, operative Oct. 1, 1982; Laws 1984, c. 225, § 4, emerg. eff. May 23, 1984; Laws 1987, c. 52, § 1, eff. Nov. 1, 1987; Laws 1987, c. 181, § 6, eff. July 1, 1987; Laws 1987, c. 211, § 20, eff. Nov. 1, 1987; Laws 1988, c. 177, § 3, emerg. eff. May 26, 1988; Laws 1990, c. 195, § 8, emerg. eff. May 10, 1990; Laws 1990, c. 332, § 3, emerg. eff. May 30, 1990; Laws 1991, c. 139, § 4, emerg. eff. April 29, 1991; Laws 1992, c. 98, § 8, eff. Sept. 1, 1992; Laws 1993, c. 170, § 7, eff. Sept. 1, 1993; Laws 1994, c. 331, § 4, eff. Sept. 1, 1994; Laws 1995, c. 357, § 5, eff. Nov. 1, 1995; Laws 1997, c. 251, § 5, eff. Nov. 1, 1997; Laws 1997, c. 418, § 123, eff. Nov. 1, 1997; Laws 1998, c. 182, § 1, emerg. eff. April 29, 1998; Laws 2001, c. 404, § 8, eff. Nov. 1, 2001; Laws 2002, c. 390, § 20, emerg. eff. June 4, 2002.
§59-1332.1. Persons permitted to return defendant to custody.
For the purpose of surrendering a defendant after a breach of the undertaking, the following persons may return the defendant to custody:
1. A bondsman or surety;
2. An employee of a bondsman or surety; or
3. A peace officer acting within the peace officer's jurisdiction.
Added by Laws 1998, c. 182, § 2, emerg. eff. April 29, 1998.
§591333. Enforcement of liability.
All liability of the bondsman may be enforced on motion without necessity of an independent action if conformance with the foregoing is shown.
Laws 1965, c. 184, § 33, eff. Jan. 1, 1966.
§59-1335. Penalty for incurring forfeiture or failing to comply with personal recognizance.
Whoever, having been admitted to bail for appearance before any district court in the State of Oklahoma, (1) incurs a forfeiture of the bail and willfully fails to surrender himself within thirty (30) days following the date of such forfeiture, or (2) willfully fails to comply with the terms of his personal recognizance, shall be guilty of a felony and shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than two (2) years, or both.
Added by Laws 1965, c. 184, § 35, eff. Jan. 1, 1966. Amended by Laws 1970, c. 72, § 1, emerg. eff. March 20, 1970; Laws 1997, c. 133, § 511, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 372, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 511 from July 1, 1998, to July 1, 1999.
§591336. Penalty.
Any person violating any of the provisions of this act relating to bondsman shall, upon conviction, be fined not more than Five Thousand Dollars ($5,000.00) for each offense, or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment.
Any person acting as a bondsman without a license shall be subject to the penalties provided in this section.
Laws 1965, c. 184, § 36, eff. Jan. 1, 1966; Laws 1984, c. 225, § 25, emerg. eff. May 23, 1984; Laws 1992, c. 98, § 9, eff. Sept. 1, 1992.
§59-1337. Disposition of fees, receipts and monies collected.
A. All fees, receipts and monies collected by the Commissioner under and pursuant to this act shall be deposited with the State Treasurer, who shall place the same to the credit of the Bail Bondsmen Revolving Fund created in this section. The amount so deposited is hereby dedicated and appropriated to the Commissioner for the payment of the expense of examinations, licensing, investigations, the providing of forms, the operating expenses of the Department, and other related expenses necessitated by this act. All payments out of said fund shall be made by the State Treasurer on warrants issued against claims approved by the Insurance Commissioner and submitted to the Director of State Finance for audit and payment. These funds are in addition to other appropriations made to the Office of Insurance Commissioner.
B. There is hereby created in the State Treasury a revolving fund for the State Insurance Commissioner to be designated the "Bail Bondsmen Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations.
C. Any funds payable to the court clerk or other officer pursuant to this act, by any licensed bondsman, managing general agent, surety company or professional bondsman shall be issued a receipt in the name of the surety company or professional bondsman, as the case may be, and when such funds are refunded or otherwise disbursed, they shall be made payable to such surety company or professional bondsman, as the case may be.
Added by Laws 1965, c. 184, § 37, eff. Jan. 1, 1966. Amended by Laws 1979, c. 47, § 40, emerg. eff. April 9, 1979; Laws 1984, c. 215, § 9, operative June 30, 1984; Laws 1990, c. 195, § 9, emerg. eff. May 10, 1990; Laws 1997, c. 268, § 1, eff. Sept. 1, 1997.
§591338. Use of telephone.
Each person arrested shall have an opportunity to use the telephone to call his attorney and bondsman before being placed in jail, or within six (6) hours thereafter.
Laws 1965, c. 184, § 38, eff. Jan. 1, 1966.
§591339. Access to jails.
Every person who holds a valid bail bondsman's license issued by the Insurance Commissioner and registered as required in Section 20 of this act shall be entitled to equal access to the jails of this state for the purpose of making bond, subject to the provisions of this act and the rules and regulations adopted and promulgated in the manner provided by law.
Laws 1965, c. 184, § 39, eff. Jan. 1, 1966.
§591340. Persons excluded.
This act shall not apply to a person who writes only one bond within each calendar year and who does not charge a fee for his services.
Laws 1965, c. 184, § 40, eff. Jan. 1, 1966.
§591351. Citation.
This act may be cited as the "Psychologists Licensing Act."
Laws 1965, c. 347, § 1, emerg. eff. June 28, 1965.
§591352. Definitions.
In the Psychologists Licensing Act, unless the context otherwise requires:
1. "Board" means the Oklahoma State Board of Examiners of Psychologists;
2. "Psychologist" means a person who represents himself or herself to be a psychologist by using any title or description of services incorporating the words "psychology", "psychological", or "psychologist", or by offering to the public or rendering to individuals or to groups of individuals services defined as the practice of psychology. A psychologist shall not be entitled to use the term "physician" in any title or designation or in any description of services performed by the psychologist unless such psychologist is otherwise authorized to use such designation by Section 725.2 of this title;
3. "Practice of psychology" means the observation, description, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The practice of psychology, a branch of the healing arts, includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation. Psychological services may be rendered to individuals, families, groups, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered;
4. "Health service" means the delivery of direct, preventive, assessment and therapeutic intervention services to individuals whose growth, adjustment, or functioning is actually impaired or may be at risk of impairment; and
5. "Health service psychologist" means an individual licensed as a psychologist under the Psychologists Licensing Act to provide health services to the public and who engages in the direct practice of psychology and evidences two (2) years of formal supervised experience conducting psychological intervention services as defined by the rules and regulations of the Board. Effective September 1, 1993, "clinical psychologist" and "licensed clinical psychologist" shall mean "health service psychologist". Wherever in the Oklahoma Statutes or in rules promulgated pursuant thereto reference is made to clinical psychologist or licensed clinical psychologist, it shall mean health service psychologist.
Laws 1965, c. 347, § 2, emerg. eff. June 28, 1965; Laws 1991, c. 144, § 1, eff. July 1, 1991; Laws 1993, c. 168, § 4, eff. Sept. 1, 1993.
§591352.1. Powers and duties of State Board of Examiners of Psychologists.
The State Board of Examiners of Psychologists, in addition to the other powers and duties prescribed by the Psychologists Licensing Act, shall have the power and duty to:
1. regulate the practice of psychology in this state; and
2. examine and issue the appropriate licenses pursuant to the provisions of the Psychologists Licensing Act to applicants qualified in the practice of psychology; and
3. continue in effect, suspend, revoke, modify, or deny, pursuant to the provisions of the Psychologists Licensing Act and such conditions as the Board may prescribe, licenses for the practice of psychology in this state; and
4. investigate complaints, and hold hearings pursuant to the provisions of Sections 301 through 326 of Title 75 of the Oklahoma Statutes; and
5. initiate prosecution; and
6. reprimand or place on probation or both any holder of a license pursuant to the provisions of the Psychologists Licensing Act; and
7. adopt and promulgate standards of professional conduct for psychologists; and
8. develop and promulgate the rules and regulations necessary to effectuate the provisions of the Psychologists Licensing Act; and 9. enforce the standards and rules and regulations promulgated pursuant to the provisions of the Psychologists Licensing Act; and
10. exercise all incidental powers and duties which are necessary and proper to effectuate the provisions of the Psychologists Licensing Act.
Added by Laws 1984, c. 34, § 1, operative July 1, 1984.
§59-1353. License required - Activities exempt.
No person shall represent himself or herself as a psychologist or engage in the practice of psychology unless the person is licensed pursuant to the provisions of the Psychologists Licensing Act. The provisions of the Psychologists Licensing Act shall not apply to:
1. The teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultation to organizations or institutions; provided, that such teaching, research, or service does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of the services, without regard to the source or extent of payment for services rendered. Nothing in the Psychologists Licensing Act shall prevent the provision of expert testimony by psychologists who are otherwise exempt from the provisions of Section 1351 et seq. of this title. Persons holding an earned doctoral degree in psychology from an institution of higher education may use the title "psychologist" in conjunction with the activities permitted by this subsection;
2. Qualified members of other professions, including, but not limited to, physicians, licensed social workers, licensed professional counselors, licensed marital and family therapists, or pastoral counselors, doing work of a psychological nature consistent with their training and consistent with the code of ethics of their respective professions provided they do not hold themselves out to the public by any title or description incorporating the word psychological, psychologist, or psychology;
3. The activities, services, and use of an official title by a person in the employ of a state agency, if such activities, services, and use are a part of the duties of the office or position of such person within an agency or institution;
4. The activities and services of a person in the employ of a private, nonprofit behavioral services provider contracting with the state to provide behavioral services to the state if such activities and services are a part of the official duties of such person with the private nonprofit agency.
a. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
(1) psychologist, psychology or psychological,
(2) licensed social worker,
(3) clinical social worker,
(4) certified rehabilitation specialist,
(5) licensed professional counselor,
(6) psychoanalyst, or
(7) marital and family therapist.
b. Such exemption to the provisions of the Psychologists Licensing Act shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the nonprofit agency contracting with the state. Such exemption will not be applicable to any other setting.
c. State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly. The persons exempt under the provisions of this act shall provide services that are consistent with their training and experience. Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public;
5. The activities and services of a person in the employ of a private, for-profit behavioral services provider contracting with the state to provide behavioral services to youth and families in the care and custody of the Office of Juvenile Affairs or the Department of Human Services on March 14, 1997, if such activities and services are a part of the official duties of such person with the private for-profit contracting agency.
a. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
(1) psychologist, psychology or psychological,
(2) licensed social worker,
(3) clinical social worker,
(4) certified rehabilitation specialist,
(5) licensed professional counselor,
(6) psychoanalyst, or
(7) marital and family therapist.
b. Such exemption to the provisions of this act shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the for-profit agency contracting with the state. Such exemption shall only be available for ongoing contracts and contract renewals with the same state agency and will not be applicable to any other setting.
c. State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly. The persons exempt under the provisions of this act shall provide services that are consistent with their training and experience. Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public;
6. The activities and services of a student, intern, or resident in psychology, pursuing a course of study at a university or college that is regionally accredited by an organization recognized by the United States Department of Education, or working in a training center recognized by that university or college, if the activities and services constitute a part of the supervised course of study for the student, intern, or resident;
7. Individuals who have been certified as school psychologists by the State Department of Education. They shall be permitted to use the term "certified school psychologist". Such persons shall be restricted in their practice to employment within those settings under the purview of the State Board of Education;
8. The activities and services of a person who performs psychological services pursuant to the direct supervision of a licensed psychologist or psychiatrist or an applicant for licensure who is engaged in the applicant's postdoctoral year of supervision. Such person shall be subject to approval by the Board and to such rules as the Board may prescribe pursuant to the provisions of the Psychologists Licensing Act;
9. The activities and services of a nonresident of this state who renders consulting or other psychological services if such activities and services are rendered for a period which does not exceed in the aggregate more than five (5) days during any year and if the nonresident is authorized pursuant to the laws of the state or country of the person's residence to perform these activities and services. Such person shall inform the Board prior to initiation of services;
10. The activities and services of a nonresident of this state who renders consulting or other psychological services if such activities and services are rendered in cooperation with the American Red Cross or as a member of the Disaster Response Network of the American Psychological Association. The Board shall be informed prior to initiation of services; or
11. For one (1) year, the activities and services of a person who has recently become a resident of this state and has had his or her application for licensing accepted by the Board, and if the person was authorized by the laws of the state or country of his or her former residence to perform such activities and services.
Added by Laws 1965, c. 347, § 3, emerg. eff. June 28, 1965. Amended by Laws 1984, c. 34, § 2, operative July 1, 1984; Laws 1991, c. 144, § 2, eff. July 1, 1991; Laws 1993, c. 168, § 5, eff. Sept. 1, 1993; Laws 1998, c. 291, § 1; Laws 1999, c. 1, § 17, emerg. eff. Feb. 24, 1999.
NOTE: Laws 1998, c. 153, § 2 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.
§59-1354. State Board of Examiners of Psychologists - Membership - Tenure - Oath.
There is hereby re-created, to continue until July 1, 2009, pursuant to the provisions of the Oklahoma Sunset Law, the State Board of Examiners of Psychologists. The Board shall administer the provisions of the Psychologists Licensing Act. The Board shall consist of seven (7) members appointed by the Governor. Five members shall be psychologists from various areas in psychology and two members shall be lay persons. At the expiration of the term of each Board member who is a psychologist, the Governor shall appoint a successor from a list of ten (10) licensed psychologists which is provided by the Oklahoma State Psychological Association. Members shall serve for a term of four (4) years and until a successor is appointed and qualified. Before entering upon the duties of office, each member of the Board shall take the constitutional oath of office and file it with the Secretary of State.
Added by Laws 1965, c. 347, § 4, emerg. eff. June 28, 1965. Amended by Laws 1979, c. 121, § 5, emerg. eff. May 1, 1979; Laws 1983, c. 55, § 1, operative July 1, 1983; Laws 1985, c. 24, § 1, operative July 1, 1985; Laws 1991, c. 144, § 3, eff. July 1, 1991; Laws 1997, c. 35, § 1; Laws 2003, c. 14, § 1.
NOTE: Laws 1991, c. 4, § 1 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991.
§59-1355. Qualifications of examiners.
Each member of the State Board of Examiners of Psychologists shall be a citizen of the United States and a resident of this state. The members of the Board who are psychologists shall be licensed pursuant to the provisions of the Psychologists Licensing Act. Members of the Board may be reappointed for one four-year term. However, following the termination of a term of service on the Board a former member may be reappointed only after a period of years equal to or greater than the number of years of his or her previous service.
Added by Laws 1965, c. 347, § 5, emerg. eff. June 28, 1965. Amended by Laws 1983, c. 55, § 2, operative July 1, 1983; Laws 1991, c. 144, § 4, eff. July 1, 1991; Laws 2004, c. 313, § 18, emerg. eff. May 19, 2004.
§591357. Removal from Board Vacancies.
After giving the member a written statement of the charges and an opportunity to be heard thereon, the Governor may remove any member of the Board for misconduct, incompetency, or neglect of duty. Any vacancy in the membership of the Board shall be filled by the Governor for the unexpired term. If there is a vacancy in the psychologist membership of the Board, the Governor shall fill it from a list of ten (10) psychologists which is provided by the Oklahoma State Psychological Association.
Amended by Laws 1983, c. 55, § 3, operative July 1, 1983; Laws 1991, c. 144, § 5, eff. July 1, 1991.
§591358. Meetings Officers Employees Office space Seal.
The Board shall hold a regular meeting at which it shall annually select from its membership a chair and a vice-chair. Other regular meetings shall be held at such times as the rules of the Board may provide. Special meetings may be held at such times as may be deemed necessary by the Board or a majority of its members. Reasonable notice of all meetings shall be given in the manner prescribed by the rules of the Board. Four members of the Board shall constitute a quorum. The secretary of the Board shall be appointed by the Board and shall hold office at the pleasure of the Board. The secretary may be a member of the Board. The Board may employ such other persons and may rent or purchase such office space and office equipment as it deems necessary to implement the provisions of the Psychologists Licensing Act. The Board shall adopt an official seal.
Amended by Laws 1983, c. 55, § 4, operative July 1, 1983; Laws 1991, c. 144, § 6, eff. July 1, 1991.
§591360. Psychologists Licensing Fund.
The secretary of the Board shall receive and account for all monies derived under this act. The secretary shall pay these monies monthly to the State Treasurer who shall keep them in a separate fund to be known as the "Psychologists Licensing Fund". All monies received in said fund are hereby appropriated to the Board. Monies may be paid out of this fund upon proper voucher approved by the chair of the Board and attested by the secretary of the Board. It is further provided that all monies in the "Psychologists Licensing Fund" at the end of each fiscal year, being the unexpended balance of such fund, shall be carried forward and placed to the credit of the "Psychologists Licensing Fund" for the succeeding fiscal year. The Board may make expenditures from this fund for any purpose which is reasonably necessary to carry out the provisions of this act; provided that all reimbursement for expenses shall be paid only from the "Psychologists Licensing Fund". No money shall ever be paid from the General Revenue Fund for the administration of this act and any expenses or liabilities incurred by said Board shall not constitute a charge on any state funds other than said "Psychologists Licensing Fund".
Laws 1965, c. 347, § 10, emerg. eff. June 28, 1965; Laws 1980, c. 159, § 15, emerg. eff. April 2, 1980; Laws 1991, c. 144, § 7, eff. July 1, 1991.
§59-1361. Code of ethics.
The State Board of Examiners of Psychologists shall publish a code of ethics. The code shall take into account the professional character of psychological service and shall be designed to protect the interest of the client and the public. In developing and revising this code, the Board shall hold hearings where interested persons may be heard on the subject and the Board may take into account the Ethical Principles of Psychologists and Code of Conduct promulgated by the American Psychological Association and the Code of Conduct promulgated by the Association of State and Provincial Psychology Boards.
Added by Laws 1965, c. 347, § 11, emerg. eff. June 28, 1965. Amended by Laws 2004, c. 313, § 19, emerg. eff. May 19, 2004.
§591362. Qualifications of applicants for examination.
An applicant is qualified to take the examination to be licensed when the applicant has met the following criteria:
1. Applicants for licensure shall possess a doctoral degree in psychology from an institution of higher education. The degree shall be obtained from a recognized program of graduate study in psychology as defined by the rules and regulations of the Board. By January 1, 1997, applicants for licensure shall have completed a doctoral program in psychology that is accredited by the American Psychological Association (APA). In areas where no accreditation exists, applicants for licensure shall have completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the Board. When a new specialty of professional psychology is recognized as being within the accreditation scope of the APA, doctoral programs within that specialty will be afforded a transition period of eight (8) years from their first class of students to the time of their accreditation. During that transition period, graduates of such programs may sit for licensure examination whether or not the program has been accredited. This also applies to new doctoral programs of specialties previously recognized within the scope of APA accreditation. Applicants trained in institutions outside the United States shall meet requirements established by the Board.
2. For admission to the licensure examination, applicants shall demonstrate that they have completed two (2) years of supervised professional experience, one (1) year of which shall be postdoctoral. In accordance with the rules and regulations promulgated by the Board, applicants may be allowed to sit for examination during the applicant's second year of experience. The criteria for appropriate supervision shall be in accordance with regulations which shall be promulgated by the Board. Postdoctoral experience shall be compatible with the knowledge and skills acquired during formal doctoral or postdoctoral education in accordance with professional requirements and relevant to the intended area of practice.
3. Applicants shall be required to show evidence of good character; that is, that they have not been convicted of a criminal offense that bears directly on the fitness of the individual to be licensed.
Amended by Laws 1984, c. 34, § 3, operative July 1, 1984; Laws 1991, c. 144, § 8, eff. July 1, 1991.
§59-1362.1. Health service psychologists - Certification - Demonstration of prior service - Conditions.
A. Any licensed psychologist who independently provides or offers to provide health services to the public shall be certified as a Health Service Psychologist by the State Board of Examiners of Psychologists. The Board shall certify as a Health Service Psychologist an applicant who demonstrates that the applicant has at least two (2) years of full-time supervised health service experience as defined by the rules and regulations of the Board.
B. Notwithstanding the provisions of Section 1362 of this title, the applicant shall be certified by the Board as a Health Service Psychologist if the applicant meets one of the following conditions:
1. The psychologist is Board certified by the American Board of Professional Psychology; or
2. The psychologist has the equivalent of two (2) years of full-time experience satisfactory to the Board, one year of which was a doctoral internship, and one year of which was postdoctoral, at a site where health services are provided.
Added by Laws 1991, c. 144, § 9, eff. July 1, 1991. Amended by Laws 2004, c. 313, § 20, emerg. eff. May 19, 2004.
§591363. Application form.
Application for examination for a license as a psychologist or for a license without examination shall be upon the forms prescribed by the Board. The Board may require that the application be verified. The fee for the license shall accompany the application.
Laws 1965, c. 347, § 13, emerg. eff. June 28, 1965.
§591364. Documentary evidence as to experience.
In determining the acceptability of the applicant's professional experience, the Board may require such documentary evidence of the quality, scope, and nature of the applicant's experience as it deems necessary.
Laws 1965, c. 347, § 14, emerg. eff. June 28, 1965.
§591365. Examinations Time Scope Reexaminations.
The Board shall administer examinations to qualified applicants at least once a year. The Board shall determine the subject and scope of the examinations. Written examinations may be supplemented by such oral examinations as the Board shall determine. An applicant who fails his examination may be reexamined at a subsequent examination upon payment of another licensing fee.
Laws 1965, c. 347, § 15, emerg. eff. June 28, 1965.
§591366. Issuance of license License without examination.
The Oklahoma State Board of Examiners of Psychologists may issue a license pursuant to the provisions of the Psychologists Licensing Act:
1. To a qualified applicant who has successfully passed the examination prescribed by the Board and who has paid the fee required by the rules promulgated pursuant to the provisions of the Psychologists Licensing Act; or
2. Upon application to the Board and payment of the fees required by the Board by rules of the Board promulgated pursuant to the provisions of the Psychologists Licensing Act, to any person who is a diplomate of the American Board of Professional Psychology, or who holds a current Certificate of Professional Qualification in Psychology from the Association of State and Provincial Psychology Boards, or who is licensed as a psychologist by a state with which the Board has established a formal written agreement of reciprocity.
Added by Laws 1965, c. 347, § 16, emerg. eff. June 28, 1965. Amended by Laws 1984, c. 34, § 4, operative July 1, 1984; Laws 1991, c. 144, § 10, eff. July 1, 1991; Laws 1998, c. 291, § 2.
§59-1367. Amount of fees.
The application fee and the annual renewal fee shall be amounts fixed by the Oklahoma State Board of Examiners of Psychologists. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Psychologists Licensing Act and so there are no unnecessary surpluses in the "Psychologists Licensing Fund".
Added by Laws 1965, c. 347, § 17, emerg. eff. June 28, 1965. Amended by Laws 1974, c. 176, § 1, operative July 1, 1974; Laws 1977, c. 65, § 1; Laws 1983, c. 55, § 5, operative July 1, 1983; Laws 1993, c. 168, § 6, eff. Sept. 1, 1993; Laws 2004, c. 313, § 21, emerg. eff. May 19, 2004.
§59-1368. Licenses - Contents - Renewals - Inactive status.
A. The State Board of Examiners of Psychologists shall issue a license to each person that it registers as a psychologist. The license shall show the full name of the psychologist and shall bear a serial number. The license shall be signed by the chairman and secretary of the Board under the seal of the Board.
B. Licenses expire on the thirtyfirst day of December following their issuance or renewal and are invalid thereafter unless renewed.
C. The Board shall notify every person licensed under this act of the date of expiration and the amount of the renewal fee. This notice shall be mailed at least one (1) month before the expiration of the license. Renewal may be made at any time during the months of November or December upon application therefor by payment of the renewal fee. Failure on the part of any person licensed to pay his or her renewal fee before the first day of January does not deprive such person of the right to renew his or her license, but the fee to be paid for renewal after December shall be increased ten percent (10%) for each month or fraction thereof that the payment of the renewal fee is delayed. However, the maximum fee for delayed renewal shall not exceed twice the normal renewal fee. A psychologist who wishes to place his or her license on inactive status may do so upon application by payment of a fee as fixed by the Board; such a psychologist shall not accrue any penalty for late payment of the renewal fee.
Added by Laws 1965, c. 347, § 18, emerg. eff. June 28, 1965. Amended by Laws 1974, c. 305, § 1, emerg. eff. May 29, 1974; Laws 1977, c. 65, § 2; Laws 2004, c. 313, § 22, emerg. eff. May 19, 2004.
§591368.1. Continuing education.
The Board is hereby authorized to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations concerning accreditation of continuing education programs and other educational experience, and the assignment of credit for participation therein must be promulgated by the board at least one (1) year prior to implementation of continuing education.
Added by Laws 1987, c. 206, § 67, operative July 1, 1987; Laws 1987, c. 236, § 35, emerg. eff. July 20, 1987.
§59-1369. List of licensed psychologists.
The State Board of Examiners of Psychologists shall annually publish a list of all psychologists licensed under this act. The list shall contain the name and address of the psychologist and such other information that the Board deems desirable. The list shall be arranged both alphabetically and geographically. The Board shall mail a copy of this list to each person licensed under this act, shall place a copy on file with the Secretary of State and shall furnish copies to the public upon request.
Added by Laws 1965, c. 347, § 19, eff. June 28, 1965. Amended by Laws 2004, c. 313, § 23, emerg. eff. May 19, 2004.
§59-1370. Standards of conduct - Suspension, probation, remediation, revocation of license - Notice of hearing - Orders - Service - Restoration of license, reduction of suspension or probation period, withdrawal of reprimand.
A. A psychologist and any other persons under the supervision of the psychologist shall conduct their professional activities in conformity with ethical and professional standards promulgated by the State Board of Examiners of Psychologists by rule.
B. The Board shall have the power and duty to suspend, place on probation, require remediation, or revoke any license to practice psychology or to take any other action specified in the rules whenever the Board shall find by clear and convincing evidence that the psychologist has engaged in any of the following acts or offenses:
1. Fraud in applying for or procuring a license to practice psychology;
2. Immoral, unprofessional, or dishonorable conduct as defined in the rules promulgated by the Board;
3. Practicing psychology in a manner as to endanger the welfare of clients or patients;
4. Conviction of a felony. A copy of the record of conviction, certified by the clerk of the court entering the conviction shall be conclusive evidence of conviction;
5. Conviction of any crime or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of clients or patients;
6. Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient;
7. Engaging in sexual intercourse or other sexual contact with a client or patient;
8. Use of repeated untruthful, deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment, including practicing outside of the psychologist's professional competence established by education, training, and experience;
9. Gross malpractice or repeated malpractice or gross negligence in the practice of psychology;
10. Aiding or abetting the practice of psychology by any person not approved by the Board or not otherwise exempt from the provisions of Section 1351 et seq. of this title;
11. Conviction of or pleading guilty or nolo contendre to fraud in filing Medicare or Medicaid claims or in filing claims with any third party payor. A copy of the record of plea or conviction, certified by the clerk of the court entering the plea or conviction, shall be conclusive evidence of the plea or conviction;
12. Exercising undue influence in a manner to exploit the client, patient, student, or supervisee for financial advantage beyond the payment of professional fees or for other personal advantage to the practitioner or a third party;
13. The suspension or revocation by another state of a license to practice psychology. A certified copy of the record of suspension or revocation of the state making such a suspension or revocation shall be conclusive evidence thereof;
14. Refusal to appear before the Board after having been ordered to do so in writing by the executive officer or chair of the Board;
15. Making any fraudulent or untrue statement to the Board;
16. Violation of the code of ethics adopted in the rules and regulations of the Board; and
17. Inability to practice psychology with reasonable skill and safety to patients or clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
C. No license shall be suspended or revoked nor the licensee placed on probation or reprimanded until the licensee has been given an opportunity for a hearing before the Board pursuant to the provisions of subsection D of this section. Whenever the Board determines that there has been a violation of any of the provisions of the Psychologists Licensing Act or of any order of the Board, it shall give written notice to the alleged violator specifying the cause of complaint. The notice shall require that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges specified in the notice. The notice shall be delivered to the alleged violator in accordance with the provisions of subsection E of this section not less than ten (10) days before the time set for the hearing.
D. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon in writing or stated in the record. A final order adverse to the alleged violator shall be in writing. An order stated in the record shall become effective immediately, provided the Board gives written notice of the order to the alleged violator and to the other persons who appeared at the hearing and made written request for notice of the order. If the hearing is held before any person other than the Board itself, such person shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board, which shall thereupon enter its order. The Board may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented. The order of the Board shall become final and binding on all parties unless appealed to the district court as provided for in the Administrative Procedures Act.
E. Except as otherwise expressly provided for by law, any notice, order, or other instrument issued by or pursuant to the authority of the Board may be served on any person affected, by publication or by mailing a copy of the notice, order, or other instrument by registered mail directed to the person affected at the last-known post office address of such person as shown by the files or records of the Board. Proof of the service shall be made as in case of service of a summons or by publication in a civil action. Proof of mailing may be made by the affidavit of the person who mailed the notice. Proof of service shall be filed in the office of the Board.
F. Every certificate or affidavit of service made and filed as provided for in this section shall be prima facie evidence of the facts stated therein, and a certified copy thereof shall have same force and effect as the original certificate or affidavit of service.
G. If the psychologist fails or refuses to appear, the Board may proceed to hearing and determine the charges in his or her absence. If the psychologist pleads guilty, or if upon hearing the charges, a majority of the Board finds them to be true, the Board may enter an order suspending or revoking the license of the psychologist, reprimanding the psychologist, or placing the psychologist on probation or any combination of penalties authorized by the provisions of this section.
H. The secretary of the Board shall preserve a record of all proceedings of the hearings and shall furnish a transcript of the hearings to the defendant upon request. The defendant shall prepay the actual cost of preparing the transcript.
I. Upon a vote of four of its members, the Board may restore a license which has been revoked, reduce the period of suspension or probation, or withdraw a reprimand.
Added by Laws 1965, c. 347, § 20, emerg. eff. June 28, 1965. Amended by Laws 1974, c. 64, § 1, emerg. eff. April 13, 1974; Laws 1984, c. 34, § 5, operative July 1, 1984; Laws 1991, c. 144, § 11, eff. July 1, 1991; Laws 1998, c. 291, § 3; Laws 2004, c. 313, § 24, emerg. eff. May 19, 2004.
§591370.1. Hearing on suspension or revocation of license.
A. The hearings provided for by Section 1370 of Title 59 of the Oklahoma Statutes shall be conducted by the Board itself at a regular or special meeting of the Board. Such hearings shall be conducted in conformity with and records made thereof as provided by the provisions of Sections 301 through 326 of Title 75 of the Oklahoma Statutes.
B. It shall continue to be the duty of the Attorney General to issue his official opinion to the Board and to prosecute and defend actions for the Board, if requested to do so.
Added by Laws 1984, c. 34, § 6, operative July 1, 1984.
§59-1371. Repealed by Laws 1991, c. 144, § 13, eff. July 1, 1991.
§591373. Injunction.
The Board, the Attorney General, or the local district attorney may apply to the district court in the county in which a violation of this act is alleged to have occurred for an order enjoining or restraining the commission or continuance of the acts complained of. Thereupon, the court has jurisdiction of the proceedings and may grant such temporary or permanent injunction or restraining order, without bond, as it deems just and proper. The remedy provided by this section is in addition to, and independent of, any other remedies available for the enforcement of this act.
Laws 1965, c. 347, § 23, emerg. eff. June 28, 1965.
§591374. Violations and penalties.
Any person who, after the first day of January, 1966, represents himself to be a psychologist or engages in the practice of psychology within this state without being licensed or exempted in accordance with the provisions of this act is guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00) or be confined in jail for not more than six (6) months, or both. Each day of violation is a separate offense.
Laws 1965, c. 347, § 24, emerg. eff. June 28, 1965.
§591375. Annual reports.
The Board shall make an annual report to the Governor, not later than the 15th day of November of each year, which report shall contain an account of all monies received, licenses issued, suspended, or revoked and all expenditures made by said Board in the twelve (12) months prior to said date.
Laws 1965, c. 347, § 25, emerg. eff. June 28, 1965.
§59-1376. Confidential communications - Disclosure - Exceptions - Threats of patient to self or others - Patient in custody of Department of Corrections - Law enforcement purposes.
All communications between a licensed psychologist and the individual with whom the psychologist engages in the practice of psychology are confidential. At the initiation of the professional relationship the psychologist shall inform the patient of the following limitations to the confidentiality of their communications. No psychologist, colleague, agent or employee of any psychologist, whether professional, clerical, academic or therapeutic, shall disclose any information acquired or revealed in the course of or in connection with the performance of the psychologist's professional services, including the fact, circumstances, findings or records of such services, except under the following circumstances:
1. Pursuant to the provisions of Section 2503 of Title 12 of the Oklahoma Statutes or where otherwise provided by law;
2. Upon express, written consent of the patient;
3. Upon the need to disclose information to protect the rights and safety of self or others if:
a. the patient presents a clear and present danger to himself and refuses explicitly or by behavior to voluntarily accept further appropriate treatment. In such circumstances, where the psychologist has a reasonable basis to believe that a patient can be committed to a hospital pursuant to Section 5-401 of Title 43A of the Oklahoma Statutes, the psychologist shall have a duty to seek commitment. The psychologist may also contact members of the patient's family, or other individuals if in the opinion of the psychologist, such contact would assist in protecting the safety of the patient,
b. the patient has communicated to the psychologist an explicit threat to kill or inflict serious bodily injury upon a reasonably identified person and the patient has the apparent intent and ability to carry out the threat. In such circumstances the psychologist shall have a duty to take reasonable precautions. A psychologist shall be deemed to have taken reasonable precautions if the psychologist makes reasonable efforts to take one or more of the following actions:
(1) communicates a threat of death or serious bodily injury to the reasonably identified person,
(2) notifies an appropriate law enforcement agency in the vicinity where the patient or any potential victim resides,
(3) arranges for the patient to be hospitalized voluntarily, or
(4) takes appropriate steps to initiate proceedings for involuntary hospitalization pursuant to law,
c. the patient has a history of physical violence which is known to the psychologist and the psychologist has a reasonable basis to believe that there is a clear and imminent danger that the patient will attempt to kill or inflict serious bodily injury upon a reasonably identified person. In such circumstances the psychologist shall have a duty to take reasonable precaution. A psychologist shall be deemed to have taken reasonable precautions if the psychologist makes reasonable efforts to take one or more of the following actions:
(1) communicates a threat of death or serious bodily injury to the reasonably identified person,
(2) notifies an appropriate law enforcement agency in the vicinity where the patient or any potential victim resides,
(3) arranges for the patient to be hospitalized voluntarily,
(4) takes appropriate steps to initiate proceedings for involuntary hospitalization pursuant to law,
d. nothing contained in subparagraph b of this paragraph shall require a psychologist to take any action which, in the exercise of reasonable professional judgment, would endanger the psychologist or increase the danger to a potential victim or victims, or
e. the psychologist shall only disclose that information which is essential in order to protect the rights and safety of others;
4. In order to collect amounts owed by the patient for professional services rendered by the psychologist or employees of the psychologist. Provided, the psychologist may only disclose the nature of services provided, the dates of services, the amount due for services and other relevant financial information. If the patient raises as a defense to said action, a substantive assertion concerning the competence of the psychologist or the quality of the services provided, the psychologist may disclose whatever information is necessary to rebut such assertion;
5. In any proceeding brought by the patient against the psychologist and in any malpractice, criminal or license revocation proceeding in which disclosure is necessary or relevant to the claim or defense of the psychologist;
6. In such other situations as shall be defined by the rules and regulations of the Board; or
7. When the patient is an inmate in the custody of the Department of Corrections or a private prison or facility under contract with the Department of Corrections, and the release of the information is necessary:
a. to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, and it is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat, or
b. for law enforcement authorities to identify or apprehend an individual where it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody.
Added by Laws 1991, c. 144, § 12, eff. July 1, 1991. Amended by Laws 2004, c. 168, § 14, emerg. eff. April 27, 2004.
§59-1401. Definitions.
As used in this act, the following terms shall have the meanings indicated:
1. "Copper material" means the metal copper or copper alloy or anything made of either copper or copper alloy;
2. "Aluminum material" means the metal aluminum or aluminum alloy or anything made of either aluminum or aluminum alloy, except aluminum cans;
3. "Junk dealer" means any person, firm or corporation being an owner, keeper or proprietor of a junk shop, junk store, salvage yard or scrap processor handling copper material; a collector or dealer in junk, salvage or other property made of copper material or aluminum metal; anyone purchasing or handling copper material for remelting purposes; or anyone purchasing, handling or transferring vehicles for purposes of crushing, baling, shredding, flattening, recycling and reselling as bulk or processed metal;
4. "Yard" means the place where any junk dealer stores copper material or keeps the same for purpose of sale; and
5. "Vehicle" means vehicle as defined in Section 1-186 of Title 47 of the Oklahoma Statutes.
Added by Laws 1967, c. 257, § 1, emerg. eff. May 8, 1967. Amended by Laws 1990, c. 139, § 3, emerg. eff. May 1, 1990; Laws 1997, c. 205, § 1, eff. Nov. 1, 1997.
§59-1402. Sales tax permits.
A. Any junk dealer and any person, firm, corporation or other legal entity desiring to become a junk dealer shall prior to the commencement of business file a verified application and obtain a sales tax permit, as provided by Section 1364 of Title 68 of the Oklahoma Statutes, from the Oklahoma Tax Commission. Each junk dealer shall maintain at least one yard and, if such junk dealer maintains or desires to maintain more than one yard, the junk dealer shall obtain, in addition to the original sales tax permit, a duplicate sales tax permit for each additional yard.
B. The Oklahoma Tax Commission shall maintain a list of junk dealers to whom sales tax permits have been issued. The list shall be made available to the public upon request.
Added by Laws 1967, c. 257, § 2, emerg. eff. May 8, 1967. Amended by Laws 1997, c. 205, § 2, eff. Nov. 1, 1997.
§59-1403. Revocation or suspension of permits - Injunction against dealers - Appeal bond.
A. Any sales tax permit, issued pursuant to Section 1364 of Title 68 of the Oklahoma Statutes, to any junk dealer who violates any of the provisions of Sections 1401 through this section and Sections 1405 through 1408 of this title relating to the purchase of copper materials, may be canceled or suspended for a period not to exceed thirty (30) days by the Oklahoma Tax Commission. The Oklahoma Tax Commission may refuse the issuance of or extension or reinstatement of any permit where the applicant or holder of the permit shall have violated any provisions of this act or existing laws. Such cancellation or refusal shall be mandatory as to any junk dealer having been convicted of three separate violations of this act. However, before the Oklahoma Tax Commission may cancel or suspend any permit or refuse the issuance, reinstatement or extension thereof, the Oklahoma Tax Commission shall give each holder of a permit or applicant ten (10) days' notice of a hearing before the Oklahoma Tax Commission, granting such person an opportunity to show cause why such action should not be taken. Upon notice given to any junk dealer by the Oklahoma Tax Commission of its intention to cancel or suspend any permit or to refuse the issuance, reinstatement or extension thereof, the Oklahoma Tax Commission shall have the authority to enter its order suspending such permit or prohibiting the applicant from doing business without a permit pending the final hearing before it as provided for in this section.
B. 1. After notice of the order of suspension or prohibition from doing business, it shall be unlawful for the junk dealer to further engage in the business of a junk dealer, as defined herein. In the event any such person shall conduct or at any time continue such unlawful operation, after notice of suspension or prohibition from doing business, the Oklahoma Tax Commission may institute or cause to be brought against such person or persons proceedings for injunction in any court of competent jurisdiction to enjoin and restrain such person or persons from doing business pending the order of the Oklahoma Tax Commission.
2. Upon cancellation of a permit by the Oklahoma Tax Commission, no new permit shall be issued to such dealer for a period of one (1) year from the date of cancellation.
3. In all cases where proceedings are brought for injunction under this act, no bond for injunction shall be required and in all such cases, after notice of suspension has been given, no further notice shall be required before the issuance of a temporary restraining order on any proceeding for injunction.
C. If an appeal is taken from the order of the Oklahoma Tax Commission issued pursuant to this section, the junk dealer, in order to conduct business as a junk dealer pending outcome of the appeal, shall be required to post a bond in the amount of Five Thousand Dollars ($5,000.00).
Added by Laws 1967, c. 257, § 3, emerg. eff. May 8, 1967. Amended by Laws 1990, c. 139, § 4, emerg. eff. May 1, 1990; Laws 1997, c. 205, § 3, eff. Nov. 1, 1997.
§59-1404. Repealed by Laws 1997, c. 205, § 7, eff. Nov. 1, 1997.
§591405. Right of action on bond of licensee.
Any person injured by the failure of any junk dealer to comply with any requirements of law governing the business of such person or persons may sue upon the bond of such junk dealer and recover such damages as he may prove himself entitled to, not to exceed the penalty of such bond.
Laws 1967, c. 257, § 5, emerg. eff. May 8, 1967.
§591406. Records.
(a) Every junk dealer shall keep a separate book or register in which he shall enter the following information: Name, address, age, driver's license number, or, if driver's license not available, similar definite identification of the person or persons from whom thirtyfive (35) pounds or more of copper or copper alloy utilized by persons, firms, corporations or municipal corporations engaged in the transmission and distribution of electric energy, or engaged in telephone, telegraph or other communications is purchased; license tag number of vehicle or conveyance in which delivered; the date and place of each purchase of such copper or copper alloy; the description should include the weight of said copper or copper alloy purchased, including whether the same is in wire, cable, bars, rods, or tubing and if any installation is thereon the names and addresses of the persons, groups of persons or corporations from whom seller purchased said copper or copper alloy. Such book or register shall be made available to any law enforcement official or the representatives of persons, firms, corporations or municipal corporations described above for inspection at any time.
(b) A junk dealer who purchases copper material shall also report, in writing, all purchases of thirtyfive (35) pounds or more of copper material not exempt from the tenday holding period to the sheriff of the county in which said purchases are made, if requested in writing by said sheriff. The report shall be made in writing to said sheriff within fortyeight (48) hours after any such purchase is made and shall contain all of the information required to be maintained in the book or register provided for herein.
Laws 1967, c. 257, § 6, emerg. eff. May 8, 1967.
§59-1406A. Transaction book or registration.
A. Every junk dealer shall keep a separate book or register in which the junk dealer shall enter the following information: name, address, age, driver license number, or, if driver license is not available, similar definite identification, as approved by rule of the Oklahoma Tax Commission, of the person or persons from whom a vehicle is purchased; license tag number of vehicle or conveyance in which delivered; the date and place of each purchase of a vehicle; and a description of the vehicle purchased including make, model, vehicle identification number and license tag number. The person selling the vehicle shall be required to present to the junk dealer the title of the vehicle verifying ownership of the vehicle or a verified bill of sale from the owner of the vehicle or other proof of ownership. Such book or register shall be made available to any law enforcement official for inspection at any time.
B. Any purchases, transfers or handling between junk dealers with permits and/or licensed automotive dismantlers and parts recyclers shall be exempt from the provisions of this section.
Added by Laws 1997, c. 205, § 6, eff. Nov. 1, 1997.
§591407. Holding.
Each purchase of thirtyfive (35) pounds or more of copper or copper alloy utilized by persons, firms, corporations or municipal corporations engaged in the transmission and distribution of electric energy, or engaged in telephone, telegraph or other communications shall be held separate and apart so that such copper and copper alloy shall be readily identifiable from all other purchases for a period of not less than ten (10) days from the date of purchase of such copper or copper alloy, during which period the purchaser shall not change the form of said copper or copper alloy and shall permit any law enforcement officer or the representatives of persons, firms, corporations or municipal corporations to make inspection of such copper material during said tenday holding period; provided, however, that all such purchases made from persons, firms, corporations or municipal corporations who construct, operate, maintain or sell electric distribution and transmission communications facilites, or produce scrap copper material in the normal course of business or the sale of copper material by one licensed junk dealer to another are not subject to said tenday holding period; but there shall be required from such persons, firms, corporations or municipal corporations a bill of sale or other written evidence of title of such purchases.
Laws 1967, c. 257, § 7, emerg. eff. May 8, 1967.
§59-1408. Violations and penalties.
A. Anyone acting as a junk dealer without a permit, as required by Section 1402 of this title, is guilty of a misdemeanor and, upon conviction thereof, is subject to a fine of Fifty Dollars ($50.00); provided that each day's operation without a license constitutes a separate offense.
B. Any junk dealer failing to maintain records, as required by Section 1406 of this title and Section 6 of this act, and any junk dealer failing to hold copper material, as required by Section 1407 of this title, is guilty of a misdemeanor and, upon conviction thereof, is subject to a fine of Five Hundred Dollars ($500.00). Each separate purchase or transfer of a vehicle in violation of Section 6 of this act shall be considered a separate violation of this section.
C. Any person who knowingly gives false information with respect to the information required in Section 1406 of this title and in Section 6 of this act is guilty of a misdemeanor and, upon conviction thereof, is subject to a fine not to exceed Five Hundred Dollars ($500.00).
D. Each conviction of a junk dealer for violation of any provision of this act shall be reported to the Oklahoma Tax Commission by the clerk of the court rendering such verdict.
Added by Laws 1967, c. 257, § 8, emerg. eff. May 8, 1967. Amended by Laws 1997, c. 205, § 4, eff. Nov. 1, 1997.
§59-1410. Purchase of aluminum - Keeping separate book or register - Report to county sheriff - Exception for aluminum beverage cans.
A. Every junk dealer shall keep a separate book or register in which the dealer shall enter the following information: Name, address, age, driver's license number, or, if driver's license not available, similar definite identification of the person or persons from whom thirty-five (35) pounds or more of aluminum is purchased; license tag number of vehicle or conveyance in which delivered; the date and place of each purchase of such aluminum; a description including the weight of the aluminum purchased, the names and addresses of the persons, groups of persons or corporations from whom seller purchased said aluminum. The book or register shall be made available to any law enforcement official for inspection at any time.
B. A junk dealer who purchases aluminum shall also report, in writing, all purchases of thirty-five (35) pounds or more of aluminum to the sheriff of the county in which the purchases are made, if requested in writing by the sheriff. The report shall be made in writing to the sheriff within forty-eight (48) hours after said request is made and shall contain all of the information required to be maintained in the book or register provided for in this section.
C. The provisions of this section shall not apply to the sale or purchase of aluminum beverage cans which are obtained for recycling purposes.
Added by Laws 1990, c. 139, § 1, emerg. eff. May 1, 1990. Amended by Laws 1996, c. 89, § 3, eff. Nov. 1, 1996.
§59-1411. Violation of provisions relating to purchase of aluminum - Cancellation or suspension of license - Procedure.
A. Any permit, issued pursuant to Section 1364 of Title 68 of the Oklahoma Statutes, to any junk dealer who violates any of the provisions of Section 1410 of this title relating to purchases of aluminum material, or of Section 6 of this act relating to maintenance of records of purchased vehicles and procedures related thereto, may be canceled or suspended for a period not to exceed thirty (30) days by the Oklahoma Tax Commission. The Oklahoma Tax Commission may refuse the issuance of or extension or reinstatement of any permit where the applicant or holder of the permit has violated any of the provisions of Section 1410 of this title or existing laws. Before the Oklahoma Tax Commission may cancel or suspend any permit or refuse the issuance, reinstatement or extension of a permit, the Oklahoma Tax Commission shall give each holder of a permit or applicant ten (10) days' notice of a hearing before the Oklahoma Tax Commission, granting the person an opportunity to show cause why such action should not be taken. Upon notice given to any junk dealer by the Oklahoma Tax Commission of its intention to cancel or suspend any permit or to refuse the issuance, reinstatement or extension of a permit, the Oklahoma Tax Commission may enter its order suspending such permit or prohibiting the applicant from doing business without a permit pending the final hearing before it as provided for in this section.
B. 1. After notice of the order of suspension or prohibition from doing business, it shall be unlawful for the junk dealer to further engage in the business of a junk dealer. If any such person shall conduct or at any time continue such unlawful operation, after notice of suspension or prohibition from doing business, the Oklahoma Tax Commission may institute or cause to be brought against such person or persons proceedings for injunction in any court of competent jurisdiction to enjoin and restrain such person or persons from doing business pending the order of the Oklahoma Tax Commission.
2. Upon cancellation of a permit by the Oklahoma Tax Commission, no new permit shall be issued to such dealer for a period of one (1) year from the date of the cancellation.
3. In all cases where proceedings are brought for injunction pursuant to this section, no bond for injunction shall be required and in all such cases, after notice of suspension has been given, no further notice shall be required before the issuance of a temporary restraining order on any proceeding for injunction.
C. If an appeal is taken from the order of the Oklahoma Tax Commission issued pursuant to this section, the junk dealer, in order to conduct business as a junk dealer pending the outcome of the appeal, shall be required to post a bond in the amount of Five Thousand Dollars ($5,000.00).
Added by Laws 1990, c. 139, § 2, emerg. eff. May 1, 1990. Amended by Laws 1996, c. 89, § 4, eff. Nov. 1, 1996; Laws 1997, c. 205, § 5, eff. Nov. 1, 1997.
§591451. Short title.
This act shall be known, and may be cited, as the Polygraph Examiners Act.
Laws 1971, c. 140, § 1, emerg. eff. May 17, 1971.
§591452. Purpose.
It is the purpose of this act to regulate all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation (as lie detectors, polygraphs, deceptographs, and/or similar or related devices and instruments without regard to the nomenclature applied thereto) and this act shall be liberally construed to regulate all such persons and instruments. No person who purports to be able to detect deception or to verify truth of statements through instrumentation shall be held exempt from the provisions of this act because of the terminology which he may use to refer to himself, to his instrument, or to his services.
Laws 1971, c. 140, § 2, emerg. eff. May 17, 1971.
§591453. Definitions.
In the Polygraph Examiners Act, unless the context requires a different definition,
1. "Board" means the Polygraph Examiners Board,
2. "Secretary" means that member of the Polygraph Examiners Board selected by the Board to act as secretary,
3. "Internship" means the study of polygraph examination and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the Board at the commencement of such internship,
4. "Person" means any natural person, firm, association, copartnership or corporation,
5. "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical device, and
6. "Council" means the Council on Law Enforcement Education and Training.
Amended by Laws 1985, c. 189, § 2, operative July 1, 1985.
§591454. Minimum instrumentation requirements.
Any instrument used to test or question individuals for the purpose of detecting deception or verifying truth of statements shall record visually, permanently and simultaneously:
1. a subject's cardiovascular pattern,
2. a subject's respiratory pattern, and
3. galvanic skin response pattern.
Patterns of other physiological changes in addition to 1, 2 and 3 may also be recorded. The use of any instrument or device to detect deception or to verify truth of statements which does not meet these minimum instrumentation requirements is hereby prohibited and the operation or use of such equipment shall be subject to penalties and may be enjoined in the manner hereinafter provided.
Amended by Laws 1985, c. 189, § 3, operative July 1, 1985.
§59-1455. Polygraph Examiners Board.
A. There is hereby re-created, to continue until July 1, 2011, in accordance with the provisions of the Oklahoma Sunset Law, the Polygraph Examiners Board.
B. 1. The persons serving on the Board on June 30, 1988, shall continue to serve the full terms for which they were originally appointed until their successors have been duly appointed and approved with the advice and consent of the Senate. All future Boards shall continue the staggered terms of office established for the Polygraph Examiners Board prior to July 1, 1988.
2. Any actions taken by any state agency on behalf of the Polygraph Examiners Board or in an attempt to enforce the provisions of the Polygraph Examiners Act shall be subject to review by the Board. Any such acts may be rescinded or modified as deemed appropriate by the Board, provided that such action shall not affect any accrued right, or penalty incurred, or proceeding begun between July 1, 1988, and October 12, 1988.
3. All funds collected after June 30, 1988, equipment, files, fixtures, furniture, and supplies of the Board which were transferred to the Department of Central Services or State Treasury pursuant to Section 3909 of Title 74 of the Oklahoma Statutes shall be returned to the care and custody of the Board.
4. All orders, determinations, rules, regulations, permits, certificates, licenses, contracts, rates, and privileges which have been issued, made, granted, or allowed by the Board and are in effect on June 30, 1988, shall continue in effect according to their terms until further action is taken by the Board or as modified by law.
C. The Board shall consist of five (5) members who shall be citizens of the United States and residents of the state for at least two (2) years prior to appointment, all of whom shall have been engaged for a period of two (2) consecutive years as polygraph examiners prior to appointment to the Board, and at the time of appointment active polygraph examiners. No two Board members may be employed by the same person or agency. No more than two members may be appointed from one congressional district. However, when congressional districts are redrawn, each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district. At least two members must be qualified examiners of a governmental law enforcement agency and at least two members must be qualified polygraph examiners in the commercial field. The members shall be appointed by the Governor of the State of Oklahoma, with the advice and consent of the Senate, for terms of six (6) years. Any vacancy in an unexpired term shall be filled by appointment of the Governor, with the advice and consent of the Senate, for the unexpired term. Except as authorized by the Polygraph Examiners Act, members of the Board shall be paid no fee, expense reimbursement, wage or other compensation for their services.
D. The vote of a majority of the Board members is sufficient for passage of any business or proposal which comes before the Board. The Board shall elect a chair, vice-chair, and secretary from among its members.
Added by Laws 1971, c. 140, § 5, emerg. eff. May 17, 1971. Amended by Laws 1973, c. 88, § 1, emerg. eff. May 1, 1973; Laws 1981, c. 321, § 1; Laws 1985, c. 189, § 4, operative July 1, 1985; Laws 1988, c. 225, § 15; Laws 1993, c. 89, § 1, emerg. eff. April 18, 1993; Laws 1999, c. 18, § 1; Laws 2002, c. 375, § 11, eff. Nov. 5, 2002; Laws 2003, c. 229, § 3, emerg. eff. May 20, 2003; Laws 2005, c. 23, § 1.
§591456. Regulations and orders Disposition of fees collected Expenses.
A. The Board shall issue regulations consistent with the provisions of this act for the administration and enforcement of this act and shall prescribe forms which shall be issued in connection therewith.
B. An order or a certified copy thereof, over the Board seal and purporting to be signed by the Board members, shall be prima facie proof that the signatures are the genuine signatures of the Board members, and that the Board members are fully qualified to act.
C. All fees collected under the provisions of this act shall be deposited in the State Treasury to the credit of the General Revenue Fund.
D. The Council may reimburse in accordance with the State Travel Reimbursement Act, upon submission of proper claim, each Board member for any actual expense incurred while in the performance of his duties pursuant to the Polygraph Examiners Act.
Amended by Laws 1985, c. 189, § 5, operative July 1, 1985; Laws 1985, c. 264, § 5, emerg. eff. July 15, 1985.
§59-1457. License required.
It shall be unlawful for any person, including a city, county or state employee, to administer polygraph or other examinations utilizing instrumentation for the purpose of detecting deception or verifying truth of statements or to attempt to hold himself out as a polygraph examiner or to refer to himself by any other title which would indicate or which is intended to indicate or calculated to mislead members of the public into believing that he is qualified to apply instrumentation to detect deception or to verify truth of statements without first securing a license as herein provided.
Added by Laws 1971, c. 140, § 7, emerg. eff. May 17, 1971. Amended by Laws 1981, c. 321, § 2; Laws 1996, c. 23, § 1, eff. July 1, 1996.
§59-1458. Minimum qualifications for registration.
A. The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for registration as a polygraph examiner:
1. Attainment of at least twenty-one (21) years of age;
2. Citizenship of the United States;
3. Be a person of honesty, truthfulness, integrity, and moral fitness;
4. Never have been convicted of a felony or a misdemeanor involving moral turpitude; and
5. a. hold a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers, or, in lieu thereof, be a graduate of an accredited high school and have five (5) consecutive years of active investigative experience of a character satisfactory to the Board,
b. be a graduate of a polygraph examiners course approved by the Board and have satisfactorily completed not less than six (6) months of internship training, and
c. have passed an examination conducted by and to the satisfaction of the Board, or under its supervision, to determine his competency to obtain a license to practice as an examiner.
B. Beginning July 1, 1996, employees of the Oklahoma State Bureau of Investigation (OSBI) who are employed on that date by the OSBI as polygraphers shall become licensed pursuant to the Polygraph Examiners Act without undergoing the testing and training requirements provided for in subparagraphs b and c of paragraph 5 of subsection A of this section. Any person who is employed as a polygrapher for the OSBI after July 1, 1996, shall be required to meet the testing and training requirements prior to licensure.
Added by Laws 1971, c. 140, § 8, emerg. eff. May 17, 1971. Amended by Laws 1973, c. 88, § 2, emerg. eff. May 1, 1973; Laws 1985, c. 189, § 6, operative July 1, 1985; Laws 1996, c. 23, § 2, eff. July 1, 1996.
§591460. Applications.
Applications for original licenses shall be made to the Council in writing under oath on forms prescribed by the Board and shall be accompanied by the required fee, which is not refundable. Any such applications shall require such information as in the judgment of the Board will enable it to pass on the qualifications of the applicant for a license.
Amended by Laws 1985, c. 189, § 7, operative July 1, 1985.
§591461. Nonresident applicants Consent to suit.
A. Each nonresident applicant for an original license or a renewal license shall file with the Council an irrevocable consent that actions against said applicants may be filed in any appropriate court of any county or municipality of this state in which plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two copies thereof with the Council. Such consent shall stipulate and agree that such service or process shall be taken and held to be valid and binding for all purposes. The Council shall send forthwith one copy of the process to the applicant at the address shown on the records of the Council by registered or certified mail.
B. Nonresident applicants must satisfy the requirements of Section 1458 of this title.
§591462. Reciprocity.
An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the Board, in its discretion, upon payment of a fee of One Hundred Dollars ($100.00) and the production of satisfactory proof that:
1. He is at least twentyone (21) years of age;
2. He is a citizen of the United States;
3. He is of good moral character;
4. The requirements for the licensing of polygraph examiner in such particular state or territory of the United States were at the date of the applicant's licensing therein substantially equivalent to the requirements now in force in this state;
5. The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two (2) years prior to his application for license hereunder;
6. Such other state or territory grants similar reciprocity to license holders of this state; and
7. He has complied with Section 1461 of this title.
Amended by Laws 1985, c. 189, § 9, operative July 1, 1985.
§591463. Internship license.
A. Upon approval by the Board, the Council shall issue an internship license to a trainee provided he applies for such license and pays the required fee prior to the commencement of his internship. The application shall contain such information as may be required by the Board.
B. An internship license shall be valid for the term of twelve (12) months from the date of issue. Such license may be extended or renewed for any term not to exceed six (6) months upon good cause shown to the Board.
C. A trainee shall not be entitled to hold an internship license after the expiration of the original twelvemonth period and sixmonth extension, if such extension is granted by the Board, until twelve (12) months after the date of expiration of the last internship license held by the said trainee.
Amended by Laws 1985, c. 189, § 10, operative July 1, 1985.
§591464. Fees.
A. The fee to be paid by the applicant for an initial examination to determine if the applicant is qualified to receive a polygraph examiner's license is Fifty Dollars ($50.00), which is not to be credited as payment against the license fee. The fee for subsequent examinations shall be the same as for the initial examination.
B. The fee to be paid for an initial polygraph examiner's license is One Hundred Dollars ($100.00).
C. The fee to be paid for an internship license is One Hundred Dollars ($100.00).
D. The fee to be paid for the issuance of a duplicate polygraph examiner's license is Twenty Dollars ($20.00).
E. The fee to be paid for a polygraph examiner's renewal license is One Hundred Dollars ($100.00).
F. The fee to be paid for the extension or renewal of an internship license is Fifty Dollars ($50.00).
G. The fee to be paid for a duplicate internship license is Twenty Dollars ($20.00).
Amended by Laws 1984, c. 145, § 1, emerg. eff. April 17, 1984.
§591465. Display of license Signatures and seal.
A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the Board members and shall be issued under the seal of the Board.
Laws 1971, c. 140, § 15, emerg. eff. May 17, 1971.
§591466. Change of business location.
Notice in writing shall be given to the Council by the licensed examiner of any change of principal business location within thirty (30) days of the time he changes location. A change of business location without notification to the Council shall automatically suspend the license theretofore issued.
Amended by Laws 1985, c. 189, § 11, operative July 1, 1985.
§591467. Term of license Renewal Expired licenses.
Each polygraph examiner's license shall be issued for the term of one (1) year and shall, unless suspended or revoked, be renewed annually as prescribed by the Board. A polygraph examiner whose license has expired may at any time within two (2) years after the expiration thereof obtain a renewal license without examination by making a renewal application therefor and satisfying Section 8, subsections 2, 3 and 4. However, any polygraph examiner whose license expired while he was in the federal service on active duty with the armed forces of the United States, or the national guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed without examination if within two (2) years after termination of such service, training or education except under conditions other than honorable, he furnishes the Board with an affidavit to the effect that he has been so engaged and that his service, training or education has been so terminated. Section 8, subsections 2, 3 and 4 of this act must also be satisfied.
Laws 1971, c. 140, § 17, emerg. eff. May 17, 1971.
§591468. Suspension or revocation of license.
The Board may refuse to issue or may suspend or revoke a license on any one or more of the following grounds:
1. For failing to inform a subject to be examined as to the nature of the examination;
2. For failing to inform a subject to be examined that his participation in the examination is voluntary, unless the subject is an employee of a governmental body which has a policy or rules and regulations requiring mandatory polygraph examinations as a part of internal investigations;
3. Material misstatement in the application for original license or in the application for any renewal license under this act;
4. Willful disregard or violation of this act or any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes;
5. If the holder of any license has been adjudged guilty of the commission of a felony or misdemeanor involving moral turpitude; 6. Making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees;
7. Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this act;
8. Allowing one's license under this act to be used by any unlicensed person in violation of the provisions of this act;
9. Willfully aiding or abetting another in the violation of this act or any regulation or rule issued pursuant thereto;
10. If the license holder has been adjudged an habitual drunkard or mentally incompetent as provided in the Probate Code;
11. Failing, within a reasonable time, to provide information requested by the secretary as the result of a formal complaint to the Board which would indicate a violation of this act; or
12. Failing to inform the subject of the results of the examination if so requested.
Amended by Laws 1985, c. 189, § 12, operative July 1, 1985.
§591469. Violations on part of polygraph examiner or trainee Effect on employer.
Any unlawful act or violation of any of the provisions of this act on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiner for whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the Board that the polygraph examineremployer has willfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee.
Laws 1971, c. 140, § 19, emerg. eff. May 17, 1971.
§591470. Administrative hearing.
When there is a cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the Council shall, not less than thirty (30) days before refusal, suspension or revocation action is taken, notify such person in writing, in person or by certified mail at the last address supplied to the Council by such person, of such impending refusal, suspension or revocation, the reasons therefor and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension or revocation action proposed to be taken by the Board. If, within twenty (20) days after the personal service of such notice or such notice has been deposited in the United States mail, such person has not made a written request to the Board for this administrative hearing, the Board is authorized to suspend or revoke the polygraph examiner's license of such person without a hearing. Upon receipt by the Council of such written request of such person within the twentyday period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten (10) days after written notification thereof, accompanied by a copy of the charges, shall have been given the person by personal service or by certified mail sent to the last address supplied to the Council by the applicant or licensee. The administrative hearing in such cases shall be before the Board.
Amended by Laws 1985, c. 189, § 13, operative July 1, 1985.
§591471. Appeal to district court.
Any person dissatisfied with the action of the Board in refusing his application or suspending or revoking his license, or any other action of the Board, may appeal the action of the Board by filing a petition within thirty (30) days thereafter in the district court of Oklahoma County, Oklahoma, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days' written notice to the Council and the attorney representing the Board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the Board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the Board, and the court shall provide the attorney representing the Board with a copy of the petition and order. The Board and Council shall be represented in such appeals by the Attorney General or any of his assistants. The Board shall initially determine all facts, but the court upon appeal may set aside the determination of the Board if the Board's determination:
1. is not based upon substantial evidence determinable upon the entire record;
2. is arbitrary or capricious;
3. is in violation of statutory requirements; or
4. was made without affording to licensee or applicant due process of law.
Amended by Laws 1985, c. 189, § 14, operative July 1, 1985.
§591472. Surrender of license Restoration.
Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the Council; failure of a licensee to do so shall be a violation of this act and, upon conviction, shall be subject to the penalties hereinafter set forth. At any time after the suspension or revocation of any license, the Council shall restore it to the former licensee, upon the written recommendations of the Board.
Amended by Laws 1985, c. 189, § 15, operative July 1, 1985.
§591473. Injunction.
If any person violates any provisions of this act, the Council shall, upon direction of a majority of the Board, or the Board in the name of the State of Oklahoma, through the Attorney General of the State of Oklahoma, apply in any district court of competent jurisdiction for an order enjoining such violation or for an order enforcing compliance with this act. Upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise that the person has violated this act, may issue a temporary injunction, without notice or bond, enjoining such continued violation and if it is established that the person has violated or is violating this act, the court, or any judge thereof, may enter a decree perpetually enjoining the violation or enforcing compliance with this act. In case of violation of any order or decree issued under the provisions of this section, the court, or any judge thereof, may try and punish the offender for contempt of court. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this act.
Amended by Laws 1985, c. 189, § 16, operative July 1, 1985.
§591474. Penalties.
A. Any person who violates any provision of this act or any person who falsely states or represents that he has been or is a polygraph examiner or trainee or that he is qualified to apply instrumentation to the detection of deception or verification of truth of statements shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for a term of not to exceed six (6) months, or both such fine and imprisonment.
B. 1. In addition to the penalties authorized by this section, any person who has been determined by the Board to have violated any provision of the Polygraph Examiners Act or any rule, regulation, or order issued pursuant thereto may also be liable for a penalty assessed by the Board of not more than Five Thousand Dollars ($5,000.00) for any related series of violations.
2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of paragraph 1 of this subsection, after notice and hearing pursuant to Sections 310 through 326 of Title 75 of the Oklahoma Statutes. In determining the amount of the penalty, the Board shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with state laws.
3. Any person aggrieved by a final order or other final determination of the Board may petition for a judicial review for rehearing, reopening or reconsideration of the matter as provided for in Title 75 of the Oklahoma Statutes. If an appeal is not made by the person to whom such an order is directed within thirty (30) days after notice has been sent to the parties, the order of the Board shall become final and binding on all parties and shall be docketed with the district court in the county of the residence of the violator, or the district court in the county in which the violation occurred. The order shall be enforced in the same manner as an order of the district court.
C. Except as otherwise expressly provided by law, any notice, order or other instrument issued by or pursuant to authority of the Board may be served on any person affected thereby personally, by publication, or by mailing a copy of the notice, order, or other instrument by certified mail, return receipt requested, directed to the person affected at his lastknown post office address as shown by the files or records of the Council. Proof of service shall be made as in the case of service of a summons or by publication in a civil action or may be made by the affidavit of the person who did the mailing. Such proof of service shall be filed in the office of the Council.
Every certificate or affidavit of service made and filed as provided for in this section shall be prima facie evidence of the facts therein stated. A certified copy thereof shall have like force and effect.
D. Any penalty assessed under the provisions of this section shall constitute a lien upon all the property of said violator within this state except the homestead of the violator. Before any such penalty becomes a lien upon such property as against third persons, a copy of the order of the Board assessing the penalty shall be filed in the office of the county clerk of the county wherein the property is located. The copy of the order shall be filed and may be enforced as provided by the provisions of Section 143.1 and Sections 171 through 178 of Title 42 of the Oklahoma Statutes.
E. Any penalties collected by the Board pursuant to this section shall be deposited in the State Treasury to the credit of the Polygraph Examiners Fund.
Amended by Laws 1985, c. 189, § 17, operative July 1, 1985.
§591475. Administrative Procedures Act.
This act is subject in all respects to the provisions of the Administrative Procedures Act as now existing or hereafter amended.
Laws 1971, c. 140, § 25, emerg. eff. May 17, 1971.
§591501. Short title.
This act shall be known and may be cited as the "Oklahoma Pawnshop Act".
Laws 1972, c. 255, § 1.
§591502. Definitions.
As used in this act:
1. "Administrator" means the Administrator of Consumer Affairs defined in the Uniform Consumer Credit Code.
2. "Month" means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month, and when computations are made for a fraction of a month, a day shall be onethirtieth (1/30) of a month. 3. "Pawnbroker" means a person engaged in the business of making pawn transactions.
4. "Pawn finance charge" means the sum of all charges, payable directly or indirectly by the customer and imposed directly or indirectly by the pawnbroker as an incident to the pawn transaction. 5. "Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business.
6. "Pawn transaction" means the act of lending money on the security of pledged goods or the act of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
7. "Person" means an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized.
8. "Pledged goods" means tangible personal property other than choses in action, securities or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction.
Laws 1972, c. 255, Section 2.
§591503. License required.
No person shall engage in business as a pawnbroker without first obtaining a license from the Administrator specifically authorizing engagement in such business.
Laws 1972, c. 255, Section 3.
§591503A. Eligibility for license Felons Verifying net assets requirement.
A. To be eligible for a pawnshop license, an applicant shall:
1. Be of good moral character;
2. Have net assets of at least Twentyfive Thousand Dollars ($25,000.00); and
3. Show that the pawnshop will be operated lawfully and fairly within the purpose of the Oklahoma Pawnshop Act, Section 1501 et seq. of Title 59 of the Oklahoma Statutes.
B. The Administrator shall find ineligible an applicant who has a felony conviction which directly relates to the duties and responsibilities of the occupation of pawnbroker.
C. If the Administrator is unable to verify that the applicant meets the net assets requirement for a pawnshop license, the Administrator may require a finding, including the presentation of a current balance sheet, by an accounting firm or individual holding a permit to practice public accounting in this state, that the accountant has reviewed the books and records of the applicant and that the applicant meets the net assets requirement.
Added by Laws 1988, c. 191, § 7, eff. Nov. 1, 1988.
§591504. Applications Contents Bonds Statutory agent.
A. Applications for a pawnshop license shall be under oath and shall state the full name and place of residence of the applicant. If the applicant is a partnership, the full name and place of residence of each member thereof shall be stated. If the applicant is a corporation, the full name and place of residence of each officer or major stockholder thereof shall be stated. The application shall give the approximate location from which the business is to be conducted, and shall contain such relevant information as the Administrator may require.
B. Each applicant for a pawnshop license at the time of filing application shall file with the Administrator a bond satisfactory to him and in the amount of Five Thousand Dollars ($5,000.00) for each license with a surety company qualified to do business in this state. The said bond shall run to the state for the use of the state and of any person or persons who may have cause of action against the obligor of said bond under the provisions of this act. Such bond shall be conditioned that the obligor will comply with the provisions of this act and of all rules and regulations lawfully made by the Administrator hereunder, and will pay to the state and to any such person or persons any and all amounts of money that may become due or owing to the state or to such person or persons from said obligor under and by virtue of the provisions of this act during the time such bond is in effect.
C. Each licensee shall maintain on file with the Administrator a written appointment of a resident of this state as his agent for service of all judicial or other process or legal notice, unless the licensee has appointed an agent under another statute of this state. In case of noncompliance, such service may be made on the Administrator.
Laws 1972, c. 255, § 4.
§591505. Issuance or denial of license Fees.
A. Upon the filing of an application and bond and payment of the annual license fee of One Hundred Dollars ($100.00) and an investigation fee of One Hundred Twentyfive Dollars ($125.00), the Administrator shall conduct an investigation. If he finds that the financial responsibility, experience, character and general fitness of the applicant are such as to warrant belief that the business will be operated lawfully and fairly, within the purposes of Section 1501 et seq. of this title, and the applicant meets the eligibility requirements of Section 7 of this act, he shall grant the application and issue to the applicant a license which will evidence his authority to do business under the provisions of Section 1501 et seq. of this title. Provided, that if a license is granted pursuant to an application filed after June 30 of any year the license fee for the balance of such year shall be Fifty Dollars ($50.00).
B. If the Administrator does not so find facts sufficient to warrant issuance of a license, he shall notify the applicant. If within thirty (30) days of such notification the applicant requests a hearing on the application, a hearing shall be held within sixty (60) days after the date of the request. In the event of the denial of a license, the investigation fee shall be retained by the Administrator, but the annual license fee shall be returned to the applicant.
C. The Administrator shall grant or deny each application for license within sixty (60) days from its filing with the required fees, or from the hearing thereon, if any, unless the period is extended by written agreement between the applicant and the Administrator.
D. No license to engage in the business of a pawnbroker shall be issued for any location where a license has been issued and is in effect under the provisions of Section 3501 et seq. of Title 14A of the Oklahoma Statutes. The word "location" as used in this subsection means the entire space in which a Title 14A licensee conducts business. No pawnshop may be connected with any location in which a Title 14A licensee conducts business, except by a passageway to which the public is not admitted.
Amended by Laws 1987, c. 208, § 44, operative July 1, 1987; Laws 1987, c. 236, § 70, emerg. eff. July 20, 1987; Laws 1988, c. 191, § 1, eff. Nov. 1, 1988.
§591506. Effect of license Annual fee.
A. Each license shall state the name of the licensee and the address at which the business is to be conducted. The license shall be displayed at the place of business named in the license. The license shall not be transferable or assignable except upon approval by the Administrator.
B. A separate license shall be required for each pawnshop operated under this act.
The Administrator may issue more than one license to any one person upon compliance with the provisions of this act as to each license. When a licensee wishes to move his pawnshop to another location, he shall give thirty (30) days' written notice to the Administrator, who shall amend the license accordingly.
C. Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. Every licensee, on or before each December 1, shall pay the Administrator One Hundred Dollars ($100.00) for each license held by him as the annual fee for the succeeding calendar year. If the annual fee remains unpaid fifteen (15) days after written notice of delinquency has been given to the licensee by the Administrator, the license shall thereupon expire, but expiration shall not occur before December 31 of any year for which an annual fee has been paid.
D. No licensing requirement or license fee shall be required, levied or collected by any municipal corporation of this state; provided that municipal corporations may require the payment of regulatory fees not in excess of Fifty Dollars ($50.00) per annum.
Amended by Laws 1988, c. 191, § 2, eff. Nov. 1, 1988.
§591507. Revocation, suspension, reinstatement and surrender of license.
A. The Administrator may, after notice and hearing, suspend or revoke any license if he finds that:
1. The licensee has failed to pay any fee or charge properly imposed by the Administrator under the authority of this act;
2. The licensee, either knowingly or without the exercise of due care to prevent the same, has violated any provision of this act or any regulation or order lawfully made pursuant to and within the authority of this act; or
3. Any fact or condition exists which, if it had existed or had been known to exist at the time of the original application for a license, clearly would have justified the Administrator in refusing the license.
B. The hearing shall be held upon twenty (20) days' notice in writing, setting forth the time and place thereof and a concise statement of the facts alleged to warrant suspension or revocation. At the conclusion of the hearing, the Administrator shall prepare a written order setting forth the effective date of any suspension or revocation accompanied by findings of fact and a copy thereof shall be forthwith delivered to the licensee. Such order, findings and the evidence considered by the Administrator shall be filed with the public records of the Administrator.
C. Any licensee may surrender any license by delivering it to the Administrator with written notice of its surrender, but such surrender shall not affect the licensee's civil or criminal liability for acts committed prior thereto.
D. No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any customer.
E. The Administrator may reinstate suspended licenses or issue new licenses to a person whose license or licenses have been revoked if no fact or condition then exists which clearly would have justified the Administrator in refusing originally to issue such license under this act.
F. On application of any person and payment of the cost thereof, the Administrator shall furnish under his seal and signature a certificate of good standing or a certified copy of any license.
Laws 1972, c. 255, § 7. d
§591508. Examination, investigations and access to records.
A. At such times as the Administrator may deem necessary, the Administrator or his duly authorized representative may make an examination of the place of business of each licensee and may inquire into and examine the transactions, books, accounts, papers, correspondence and records of such licensee insofar as they pertain to the business regulated by Section 1501 et seq. of this title. Such books, accounts, papers, correspondence, records and property taken, purchased or received shall also be open for inspection at any reasonable time to federal law enforcement officials and the chief of police, district attorney, sheriff or written designee of the law enforcement body in whose jurisdiction the pawnshop is located, without any need of judicial writ or other process. In the course of an examination, the Administrator or his duly authorized representative or any authorized peace officer shall have free access to the office, place of business, files, safes and vaults of such licensee, and shall have the right to make copies of any books, accounts, papers, correspondence and records insofar as they pertain to the business regulated by Section 1501 et seq. of this title. The Administrator or his duly authorized representative may, during the course of such examination, administer oaths and examine any person under oath upon any subject pertinent to any matter about which the Administrator is authorized or required by this act to consider, investigate or secure information. Any licensee who fails or refuses to permit the Administrator or his duly authorized representative or any authorized peace officer to examine or make copies of such books or other relevant documents shall thereby be deemed in violation of this act and such failure or refusal shall constitute grounds for the suspension or revocation of such license. The information obtained in the course of any examination or inspection shall be confidential, except in civil or administrative proceedings conducted by the Administrator, or criminal proceedings instituted by the state. Each licensee shall pay to the Administrator an amount assessed by the Administrator to cover the direct or indirect cost of such examination, not to exceed Two Hundred Dollars ($200.00) in any calendar year.
B. Whenever a peace officer has probable cause to believe that property in possession of a licensed pawnbroker is stolen or embezzled, the peace officer of the local law enforcement agency of the municipality or other political subdivision in which the pawnshop resides may place a written hold order on the property. The initial term of the written hold order shall not exceed thirty (30) days. However, the holding period may be extended in successive thirty (30) day increments upon written notification prior to the expiration of the initial holding period. If the holding period has expired and has not been extended, the hold order shall be considered expired and no longer in effect, and title shall vest in the pawnbroker subject to any restrictions contained in the pawn contract. The initial written hold order shall contain the following information:
1. Signature of the pawnbroker or his designee;
2. Name, title and identification number of the peace officer placing the hold order;
3. Name and address of the agency to which the peace officer is attached and the offense number;
4. Complete description of the property to be held, including model number, serial number and transaction number;
5. Name of agency reporting the property to be stolen or embezzled;
6. Mailing address of the pawnshop where the property is held;
7. Expiration date of the holding period.
C. While a hold order is in effect, the pawnbroker may consent to release, upon written receipt, the stolen or embezzled property to the custody of the local law enforcement agency to which the peace officer placing the hold order is attached. The consent to release the stolen or embezzled property to the custody of law enforcement is not a waiver or release of the pawnbroker's property rights or interest in the property. Otherwise, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period including all extensions. The district attorney's office shall notify the pawnbroker in writing in cases where criminal charges have been filed that the property may be needed as evidence. The notice shall contain the case number, the style of the case, and a description of the property. The pawnbroker shall hold such property until receiving notice of the disposition of the case from the district attorney's office. The district attorney's office shall notify the pawnbroker in writing within fifteen (15) days of the disposition of the case. Willful noncompliance of a pawnbroker to a written hold order shall be cause for the pawnbroker's license to either be suspended or revoked pursuant to paragraph 2 of subsection A of Section 1507 of this title. A hold order may be released prior to the expiration of any thirty-day holding period by written release from the agency placing the initial hold order.
D. For the purpose of discovering violations of this act or of securing information required hereunder, the Administrator or his duly authorized representative may investigate the books, accounts, papers, correspondence and records of any licensee or other person who the Administrator has reasonable cause to believe is violating any provision of this act whether or not such person shall claim to be within the authority or scope of this act. For the purpose of this section, any person who advertises for, solicits or holds himself out as willing to make pawn transactions, shall be presumed to be a pawnbroker.
E. Each licensee shall keep or make available in this state such books and records relating to pawn transactions made under this act as are necessary to enable the Administrator to determine whether the licensee is complying with this act. Such books and records shall be consistent with accepted accounting practices.
F. Each licensee shall preserve or make available such books and records in this state relating to each of its pawn transactions for four (4) years from the date of the transaction, or two (2) years from the date of the final entry made thereon, whichever is later. Each licensee's system of records shall be accepted if it discloses such information as may be reasonably required under this act. All agreements signed by customers shall be kept at an office in this state designated by the licensee, except when transferred under an agreement which gives the Administrator access thereto. All credit sales made by a pawnbroker, other than those sales defined in paragraph 6 of Section 1502 of this title, as a pawn transaction, shall be made in accordance with and subject to the provisions of Title 14A of the Oklahoma Statutes.
G. Each licensee shall, annually on or before the first day of May or other date thereafter fixed by the Administrator, file a report with the Administrator setting forth such relevant information as the Administrator may reasonably require concerning the business and operations during the preceding calendar year for each licensed place of business conducted by such licensee within the state. Such report shall be made under oath and shall be in the form prescribed by the Administrator, who may make and publish annually a consolidated analysis and recapitulation of such reports, but the individual reports shall be held confidential.
H. The Administrator may make regulations necessary for the enforcement of this act and consistent with all its provisions. Before making such a regulation relating to the licensees subject to this act, the Administrator shall give each licensee at least thirty (30) days' written notice of a public hearing, stating the time and place thereof and the terms or substance of the proposed regulation. At the hearing, any licensee or other person may be heard and may introduce evidence, data or arguments or place the same on file. The Administrator, after consideration of all relevant matters presented, shall adopt and promulgate every regulation in written form, stating the date of adoption and date of promulgation. Each such regulation shall be entered in a permanent record book which shall be public record and be kept in the Administrator's office. A copy of every regulation shall be mailed to each licensee, and no such regulation shall become effective until the expiration of at least twenty (20) days after such mailing. On the application of any person and payment of the cost thereof, the Administrator shall furnish such person a certified copy of such regulation.
I. Except as otherwise expressly provided in this act the Administrative Procedures Act, Section 251 et seq. and 301 et seq. of Title 75 of the Oklahoma Statutes, applies to and governs all administrative actions and civil proceedings taken by the Administrator pursuant to this act.
Laws 1972, c. 255, § 8; Laws 1988, c. 191, § 3, eff. Nov. 1, 1988; Laws 1992, c. 280, § 3, eff. Sept. 1, 1992.
§591509. Disclosure and advertising.
A. General Disclosure Requirements. 1. All disclosures required by this act shall be made in accordance with the regulations of the Administrator and, in addition, such disclosures as applicable:
a. shall be made clearly and conspicuously;
b. shall be in writing, a copy of which shall be delivered to the customer;
c. may be supplemented by additional information or explanations supplied by the pawnbroker;
d. need be made only to the extent applicable and only as to those items for which the pawnbroker makes a separate charge to the customer; and
e. shall comply with this section although rendered inaccurate by any act, occurrence or agreement subsequent to the required disclosure.
2. The disclosures required by this section shall be made before credit is extended, but may be made in the pawn transaction, refinancing or consolidation agreement, or other evidence of the pawn transaction agreement to be signed by the customer if set forth conspicuously therein, and need be made only to one customer if there is more than one.
3. If any evidence of the pawn transaction agreement is signed by the customer, the pawnbroker shall give him a copy when the writing is signed.
4. Except as provided with respect to civil liability for violations of disclosure provisions, written acknowledgment of receipt by a customer to whom a statement is required to be given pursuant to this section:
a. in an action or proceeding by or against the original pawnbroker, creates a presumption that the statement was given; and
b. in an action or proceeding by or against an assignee without knowledge to the contrary when he acquires the obligation, is conclusive proof of the delivery of the statement and, unless the violation is apparent on the face of the statement, of compliance with this act.
5. Where the terms "finance charge" and "annual percentage rate" are required to be used, they shall be printed more conspicuously than other terminology required by this act. All numerical amounts and percentages shall be stated in figures and shall be printed in not less than the equivalent of ten point type, .075inch computer type, or elite size typewritten numerals, or shall be legibly handwritten.
B. Calculation of Rate to be Disclosed. 1. If a pawnbroker is required to give to a customer a statement of the rate of the pawn finance charge, he shall state the rate in terms of an annual percentage rate calculated according to the actuarial method designated as "annual percentage rate" with respect to a pawn transaction, which is the quotient expressed as a percentage of the total pawn finance charge for the period to which it relates divided by the amount financed, multiplied by the number of these periods in a year.
2. A statement of rate complies with this act if it does not vary from the accurately computed rate by more than one quarter of one percent (1/4 of 1%) for a pawn transaction.
C. Overstatement. The disclosure of an amount or percentage which is greater than the amount or percentage required to be disclosed under this act does not in itself constitute a violation of this act if the overstatement is not materially misleading and is not used to avoid meaningful disclosure.
D. Specific Disclosure Provisions. 1. The pawnbroker shall give the customer the following information:
a. the name and address of the pawnbroker;
b. the name and address of the customer and the customer's description or the distinctive number from customer's driver's license or military identification;
c. the date of the transaction;
d. the net amount paid to, receivable by, or paid or payable for the account of the customer, designated as "amount financed";
e. the amount of the pawn finance charge, designated as "finance charge";
f. the rate of the pawn finance charge as applied to the amount financed, in accordance with the provisions on calculation of rate in Section 9, subsection B, of this act designated as "annual percentage rate";
g. the total amount which must be paid to redeem the pledged goods on the maturity date, designated as the "total of payments";
h. an identification of the property to which any security interest held or to be retained or acquired relates, and shall include serial numbers if reasonably available;
i. the maturity date of the pawn transaction; and
j. a statement to the effect that the customer is not obligated to redeem the pledged goods, and that the pledged goods may be forfeited to the pawnbroker thirty (30) days after the specified maturity date, provided that the pledged goods may be redeemed by the customer within thirty (30) days following the maturity date of the pawn transaction by payment of the originally agreed redemption price and the payment of an additional pawn finance charge equal to onethirtieth (1/30) of the original monthly pawn finance charge for each day following the original maturity date including the day on which the pledged goods are finally redeemed.
E. Consolidation. If the parties to a pawn transaction or consumer credit sale agree to a consolidation, the pawnbroker shall give to the customer the information required with respect to pawn transaction provisions. That portion of the pawn finance charge earned at the time of consolidation shall be no greater than onethirtieth (1/30) of the pawn finance charge for each elapsed day from the date of the transaction. The amount with respect to the previous transaction or sale to be consolidated shall be separately stated and shall be added to the net amount paid to, receivable by, or paid or payable for the account of the customer in connection with the subsequent transaction.
F. Advertising. 1. No pawnbroker shall engage in this state in false or misleading advertising concerning the terms or conditions of credit with respect to a pawn transaction.
2. Without limiting the generality of subsection 1 of this section an advertisement with respect to a pawn transaction made by the posting of a public sign, or by catalog, magazine, newspaper, radio, television or similar mass media, is misleading if:
a. it states the rate of the pawn finance charge and the rate is not stated in the form required by the provisions on calculation of rate to be disclosed; or
b. it states the dollar amounts of the pawn finance charge and does not also state the rate of any pawn finance charge.
3. In this section a catalog or other multiplepage advertisement is considered a single advertisement if it clearly and conspicuously displays a credit terms table setting forth the information required by this section.
4. This section imposes no liability on the owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated.
5. Advertising which complies with the Federal Consumer Credit Protection Act does not violate subsection 2 of this section.
Laws 1972, c. 255, § 9.
§591510. Pawn finance charge.
A. Except as provided in subsection F of Section 1511 of this title, no pawnbroker may contract for, charge or receive any amount as a charge in connection with a pawn transaction other than a pawn finance charge, and no pawn finance charge calculated according to the actuarial method shall exceed an amount equal to twenty percent (20%) of the amount financed which does not exceed One Hundred Fifty Dollars ($150.00), financed for one (1) month; fifteen percent (15%) of that amount financed which is more than One Hundred Fifty Dollars ($150.00) but does not exceed Two Hundred Fifty Dollars ($250.00), financed for one (1) month; ten percent (10%) of that amount financed which is more than Two Hundred Fifty Dollars ($250.00) but does not exceed Five Hundred Dollars ($500.00), financed for one (1) month; and five percent (5%) of that amount financed which is more than Five Hundred Dollars ($500.00), but does not exceed One Thousand Dollars ($1,000.00), financed for one (1) month; three percent (3%) of that amount financed which is more than One Thousand Dollars ($1,000.00) but does not exceed Twentyfive Thousand Dollars ($25,000.00), financed for one (1) month. Provided, however, a minimum pawn finance charge not to exceed One Dollar ($1.00) may be charged in lieu of the rates stated herein without regard to the amount financed. In no case shall the amount financed exceed Twentyfive Thousand Dollars ($25,000.00).
B. Refinancing of Pawn Transaction. The maturity date of any pawn transaction may be changed to a subsequent date, one or more times, by agreement between the customer and the pawnbroker, evidenced by a writing as for a new transaction and all disclosures shall be made to the customer as in the case of a new pawn transaction in accordance with Section 1501 et seq. of this title, and in such case the pawnbroker may contract for and receive a pawn finance charge computed in accordance with this section as for a new transaction.
C. Limitation on Charges. Except as otherwise expressly provided for in this act, no pawnbroker may contract for or receive any amount as a charge in connection with a pawn transaction.
D. Additional Pawn Finance Charges. Pledged goods not redeemed by the customer on or before the date fixed as the maturity date for the transaction in the pawn agreement or disclosure statement delivered, shall be held by the pawnbroker for at least thirty (30) days following such date, and may be redeemed by the customer within such period by the payment of the originally agreed redemption price and the payment of an additional pawn finance charge equal to onethirtieth (1/30) of the original monthly pawn finance charge for each day following the original maturity date including the day on which the pledged goods are finally redeemed.
E. Refunds. The pawn finance charges authorized in this section shall be deemed to be earned at the time the pawn transaction is made and shall not be subject to refund, except as otherwise provided for in subsection E of Section 1509 of this title.
Added by Laws 1972, c. 255, § 10. Amended by Laws 1988, c. 191, § 4, eff. Nov. 1, 1988; Laws 1993, c. 35, § 2, eff. Sept. 1, 1993.
§591511. Limitation on agreements and practices.
A. Multiple Agreements. No pawnbroker shall separate or divide a pawn transaction into two or more transactions for the purpose or with the effect of obtaining a total pawn finance charge in excess of that authorized for an amount equal to the total of the amounts financed in the resulting transactions.
B. Customer's Personal Liabilities Prohibited. Even though a pawn transaction subject to Section 1501 et seq. of this title creates a debtorcreditor relationship, no pawnbroker shall make any agreement requiring the personal liability of a customer in connection with a pawn transaction, and no customer shall have an obligation to redeem pledged goods or make any payment on a pawn transaction. The only recourse of a pawnbroker where the customer has pledged goods shall be to the pledged goods themselves, unless the pledged goods are found to be stolen, embezzled, mortgaged or otherwise pledged or encumbered. Upon the customer being officially notified by a peace officer that the goods he pledged or sold to a pawnbroker were stolen or embezzled, the customer shall be liable to repay the pawnbroker the full amount the customer received from the pawn or buy transaction. Any pledged goods not redeemed within thirty (30) days following the last fixed maturity date may thereafter, at the option of the pawnbroker, be forfeited and become the property of the pawnbroker.
C. Prohibited Practices. A pawnbroker shall not:
1. Accept a pledge or purchase property from a person, male or female, under the age of eighteen (18) years;
2. Accept any waiver, in writing or otherwise, of any right or protection accorded a customer under this act;
3. Fail to exercise reasonable care to protect pledged goods from loss or damage;
4. Fail to return pledged goods to a customer upon payment of the full amount due the pawnbroker on the pawn transaction, unless a hold order has been placed on the pledged goods by an authorized peace officer or the pledged goods are in the custody of law enforcement;
5. Make any charge for insurance in connection with a pawn transaction, except as provided in subsection F of this section;
6. Enter any pawn transaction which has a maturity date more than one (1) month after the date of the transaction; or
7. Accept collateral or buy merchandise from a person unable to supply verification of identity by photo I.D. by either a stateissued identification card, driver's license or federal governmentissued identification card or by readable fingerprint of right or left index finger on the back of the pawn or buy transaction copy to be retained for the pawnbroker's record.
D. Presumption. Except as otherwise provided by this act, any person properly identifying himself as the original customer in the pawn transaction or as the assignee thereof, and presenting a pawn transaction agreement to the pawnbroker shall be presumed to be entitled to redeem the pledged goods described therein.
E. Lost or Destroyed Transaction Agreement. If the pawn transaction agreement is lost, destroyed or stolen, the customer may so notify the pawnbroker in writing, and receipt of such notice shall invalidate such pawn transaction agreement, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn transaction agreement, the pawnbroker may require the customer to make affidavit of the loss, destruction or theft of the agreement.
F. Insurance. 1. A pawnbroker may offer insurance to a customer at the time of the pawn transaction to provide coverage during the pawn contract period for the declared value of the items pawned. The purchase of insurance shall be at the option of the customer.
2. A pawnbroker may not offer insurance coverage unless the pawnbroker:
a. is licensed as a limited insurance representative for the purpose of providing insurance coverage for pawned merchandise, as required by Section 1424 of Title 36 of the Oklahoma Statutes,
b. has filed with the Administrator of the Department of Consumer Credit a copy of the insurance policy which shall have been issued by an insurer authorized by the Insurance Commissioner to transact insurance in this state, and
c. has posted a copy of the policy in a conspicuous place which is readily available to the customer.
Added by Laws 1972, c. 255, § 11. Amended by Laws 1988, c. 191, § 5, eff. Nov. 1, 1988; Laws 1989, c. 217, § 1, eff. Nov. 1, 1989; Laws 1992, c. 280, § 4, eff. Sept. 1, 1992; Laws 1993, c. 35, § 3, eff. Sept. 1, 1993.
§59-1512. Administration and enforcement.
A. Rule Making Power. The Administrator shall have the same authority to adopt, amend and repeal rules as is conferred upon him by paragraph (e) of subsection (1), and subsections (2) and (3) of Section 6104 of Title 14A of the Oklahoma Statutes, as applicable, and such rules shall have the same effect as provided in subsection (4) of Section 6104 thereunder. In addition, the Administrator may adopt, amend and repeal such other rules as are necessary for the enforcement of the provisions of Section 1501 et seq. of this title and consistent with all its provisions.
B. Administrative Enforcement. Compliance with the provisions of this act may be enforced by the Administrator who may exercise, for such purpose, all the powers enumerated in Part 1 of Article 6, Title 14A of the Oklahoma Statutes, in the same manner as in relation to consumer credit transactions under that act, as well as those powers conferred in this act.
C. Criminal Penalties. 1. Any person who engages in the business of operating a pawn shop without first securing the license prescribed by this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not in excess of One Thousand Dollars ($1,000.00), by confinement in the county jail for not more than six (6) months or by both.
2. Any person selling or pledging property to a pawnbroker who uses false or altered identification or a false declaration of ownership as related to the provisions of Section 1515 of this title shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the State Penitentiary not to exceed five (5) years or in the county jail not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
3. Any person who fails to repay a pawnbroker the full amount received from a pawn or buy transaction after being officially notified by a peace officer that the goods he pledged or sold in that transaction were stolen or embezzled shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a term not to exceed six (6) months, or a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
D. Private Enforcement. 1. If any person engages in the business of operating a pawnshop without first securing the license prescribed by this act, or if any pawnbroker contracts for, charges or receives a pawn finance charge in excess of that authorized by this act, the pawn transaction shall be void and the customer is not obligated to pay either the amount financed or the pawn finance charge in connection with the transaction, and upon the customer's demand, the pawnbroker shall be obligated to return to the customer, as a refund, all amounts paid in connection with the transaction by the customer and the pledged goods delivered to the pawnbroker in connection with the pawn transaction or their value if the goods cannot be returned. If a customer is entitled to a refund under this section and a pawnbroker liable to the customer refuses to make the refund within a reasonable time after demand, the customer shall have an action against the pawnbroker and in the case of a successful action to enforce such liability, the costs of the action together with attorney's fees as determined by the court shall be awarded to the customer.
2. A pawnbroker who fails to disclose information to a customer entitled to the information under this act is liable to that person in an amount equal to the sum of:
a. twice the amount of the pawn finance charge in connection with the transaction, or One Hundred Dollars ($100.00), whichever is greater; and
b. in the case of a successful action to enforce the liability under paragraph 1 of this subsection, the costs of the action together with reasonable attorneys' fees as determined by the court.
Added by Laws 1972, c. 255, § 12. Amended by Laws 1988, c. 191, § 6, eff. Nov. 1, 1988; Laws 1992, c. 280, § 5, eff. Sept. 1, 1992; Laws 1997, c. 133, § 512, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 373, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 512 from July 1, 1998, to July 1, 1999.
§591514. Municipal regulation.
Municipalities may enact ordinances which are in compliance with but not more restrictive than the provisions of the Oklahoma Pawnshop Act, Section 1501 et seq. of Title 59 of the Oklahoma Statutes. Any existing or future order, ordinance or regulation which conflicts with this provision shall be null and void.
Added by Laws 1988, c. 191, § 8, eff. Nov. 1, 1988.
§591515. Copy or report of buy transaction or pawn transaction to be made available to local law enforcement officials Items bought to be held for specified time Written declaration of ownership required of seller or pledgor.
A. Any pawnbroker shall make available a copy or report within three (3) days of any buy transaction to the local law enforcement agency of the municipality or other political subdivision in which the pawnshop is located; provided, merchandise bought on invoice from a manufacturer or wholesaler with an established place of business is exempt from this reporting requirement. However, such invoice shall be shown upon request to the Administrator or his duly authorized representative or any authorized peace officer. The copy or report shall include:
1. The name and address of the pawnshop;
2. The name, address, race, sex, weight, height, date of birth and either identification number of the seller as verified by either a stateissued identification card, driver's license or federal governmentissued identification card or by readable fingerprint of right or left index finger on the back of the pawn or buy transaction copy to be retained for the pawnbroker's record;
3. The buy transaction number;
4. The date and time of the transaction;
5. The manufacturer of the item;
6. A description of the item; and
7. The serial number and model number where available and any other identifying markings.
B. Items bought, except on invoice from a manufacturer or wholesaler with an established place of business, shall be held for ten (10) days before being disposed of or sold.
C. Any pawnbroker shall make available a copy or report within three (3) days of any pawn transaction to the local law enforcement agency of the municipality or other political subdivision in which the pawnshop is located. The copy or report shall include:
1. The name and address of the pawnshop;
2. The name, address, race, sex, weight, height, date of birth and either identification number of the person making the pawn transaction with the pawnshop as verified by either a stateissued identification card, driver's license or federal governmentissued identification card or by readable fingerprint of right or left index finger on the back of the pawn or buy transaction copy to be retained for the pawnbroker's record;
3. The pawn transaction number;
4. The date and time of the transaction;
5. The manufacturer of the item;
6. A description of the item; and
7. The serial number and model number where available and any other identifying markings.
D. The pawnbroker shall obtain a written declaration of ownership from the seller or pledgor on all buy and pawn transactions, except refinance pawn transactions or merchandise bought from a manufacturer or wholesaler with an established place of business. The seller or pledgor shall be required to state how long he has owned the property described in the transaction. The declaration of ownership shall appear on the bill of sale or pawn ticket, to be completed by the seller or the pledgor at the time of the transaction.
Added by Laws 1988, c. 191, § 10, eff. Nov. 1, 1988. Amended by Laws 1989, c. 217, § 2, eff. Nov. 1, 1989; Laws 1992, c. 280, § 6, eff. Sept. 1, 1992.
§591521. Short title.
This act shall be known and may be cited as the "Precious Metal and Gem Dealer Licensing Act".
Laws 1981, c. 213, § 1, operative July 1, 1981.
§591522. Definitions.
As used in this act:
1. "Administrator" means the Administrator of the Department of Consumer Credit;
2. "Dealer" means any person, partnership, sole proprietorship, corporation or association which, in the regular course of business, takes, receives, pays for or transfers used precious metals or gems excluding any supervised financial institution as defined by the Consumer Credit Code, pawnbrokers licensed pursuant to Section 1501 et seq. of this title, and jewelers whose principal business is the sale of items purchased directly from the original manufacturer, wholesaler or their authorized representative and who in the regular course of such business, accept tradein of items defined in this act as precious metals or gems, so long as the item or items to be traded are not greater in value than the item or items to be purchased. For purposes of this exception, retail jewelers may not buy used precious metals or gems for cash consideration only;
3. "Employee" means any person working for a dealer, whether or not the person is in the direct employment of the dealer or works full time or part time, who handles used precious metals or gems for the dealer. Employee shall not mean a person employed by a bank, armored car company or other business entity acting in the sole capacity of baileeforhire relationship with a dealer;
4. "Gem" means any precious or semiprecious stone or item containing a precious or semiprecious stone customarily used in jewelry or ornamentation;
5. "Precious metal" means platinum, gold or silver, but shall not mean any ingot or bar manufactured by a commercial mint nor shall it mean any or all coins; and
6. "Used" means previously sold or traded.
Amended by Laws 1982, c. 72, § 1; Laws 1988, c. 191, § 9, eff. Nov. 1, 1988.
§591523. License required.
No person, unless exempt by this act, shall operate as a dealer or employee as defined in this act without first obtaining a license from the Administrator specifically authorizing the person to act in such capacity.
Laws 1981, c. 213, § 3, operative July 1, 1981.
§59-1524. Application for license - Bond - Fingerprints and photograph - Agent for service of process.
A. An application for a license pursuant to the provisions of the Precious Metal and Gem Dealer Licensing Act shall be under oath and state:
1. If the applicant is an individual, the full name and place of residence of the applicant;
2. If the applicant is a partnership, the full name and place of residence of each member of the partnership; and
3. If the applicant is a corporation, the full name and place of residence of each officer or major stockholder of the corporation.
B. The application shall state the location where the business is to be conducted and contain such additional relevant information as the Administrator may require.
C. In addition to the application provided for in subsection A of this section, every applicant shall file with the Administrator a bond satisfactory to said Administrator and in the amount of Ten Thousand Dollars ($10,000.00) for each license sought, with a surety company qualified to do business in this state as surety. The bond shall be furnished to the state for the use of the state and of any person or persons who may have a cause of action against the obligor of the bond pursuant to the provisions of the Precious Metal and Gem Dealer Licensing Act. The bond shall be conditional that the obligor will comply with the provisions of the Precious Metal and Gem Dealer Licensing Act and all rules and regulations made pursuant to the Precious Metal and Gem Dealer Licensing Act, and will pay all amounts of money that may be due to the state or any individual from the obligor during the time such bond is in effect.
D. Each applicant shall submit a full set of fingerprints and a photograph with each application for an original license. The fingerprints may be used for a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes.
E. Each licensee shall maintain on file with the Administrator a written appointment of a resident of this state as his agent for service of all judicial or other process or legal notice, unless the licensee has appointed such an agent pursuant to the provisions of another statute of this state.
Added by Laws 1981, c. 213, § 4, operative July 1, 1981. Amended by Laws 1984, c. 95, § 1, operative July 1, 1984; Laws 2003, c. 204, § 6, eff. Nov. 1, 2003.
§591525. Fees Investigations Grant or denial of license Exemptions.
A. Upon the filing of an application, bond and the payment of an annual license fee of Fifty Dollars ($50.00) and a onetime investigation fee of Fifty Dollars ($50.00) by a dealer, the Administrator shall conduct an investigation of the applicant prior to issuance of a dealer license.
B. Upon the filing of an application and payment of a twentyfivedollar fee by an employee of a licensed dealer, the Administrator shall conduct an investigation of the applicant prior to issuance of an employee license.
C. Upon renewal of a license for either a dealer or an employee, the Administrator may conduct an investigation at his discretion or at the request of a district attorney for any county in which the applicant has a permanent place of business.
D. If the Administrator finds that the financial responsibility, experience and character of the dealer are such as to warrant belief that the business will be operated lawfully and fairly, within the purposes of this act, the dealer shall be issued a license. Any person engaged as a dealer or employee on the operative date of this act shall have thirty (30) days from the operative date of this act to apply for a license.
E. A separate license shall be required for each location, place or premises used by a dealer for the conducting of business pursuant to the provisions of this act and each license shall designate the location, place, or premises to which it applies. The business of the dealer shall not be conducted in any place other than that designated by the license. The license shall not be transferable.
F. If the Administrator does not find facts sufficient to warrant issuance of a license, he shall notify the applicant. If within thirty (30) days of such notification the applicant requests a hearing on the application, a hearing shall be held within sixty (60) days after the day of the request. In the event of the denial of a license, the investigation fee shall be retained by the Administrator, but the annual license fee shall be returned to the applicant.
G. The Administrator shall grant or deny an application for license within sixty (60) days from the day of filing or from the last day of a hearing as provided in subsection F of this section, unless the period is extended by written agreement between the applicant and the Administrator.
H. The Administrator may issue more than one license to any one person upon compliance with the provisions of this act as to each license. When a dealer wishes to move his business to another location, he shall give thirty (30) days' written notice to the Administrator, who shall amend the license accordingly.
I. Licensed pawnbrokers shall not be subject to any of the fees provided for in this section.
Amended by Laws 1982, c. 72, § 2.
§591526. Annual license renewal fee.
A. Each year, every dealer, on or before each December 1, shall pay the Administrator Fifty Dollars ($50.00) for each license held by him as the annual fee for the succeeding calendar year. If not renewed, expiration shall occur on December 31 of the year in which the annual fee has been paid.
B. Each year, every employee, on or before December 1, shall pay the Administrator Twentyfive Dollars ($25.00) for the license held by him as the annual fee for the succeeding calendar year. If not renewed, expiration shall occur on December 31 of the year in which the annual fee has been paid.
Laws 1981, c. 213, § 6, operative July 1, 1981.
§591527. Municipalities Additional license requirements or fees prohibited Ordinances.
No additional licensing requirement or license fee shall be required by any municipal corporation of this state. This act shall not annul or supersede any existing municipal ordinances, nor prevent the enactment of such ordinances, unless such ordinances specifically conflict with the provisions of this act or regulations issued by the Administrator pursuant to the provisions of this act.
Laws 1981, c. 213, § 7, operative July 1, 1981.
§591528. Denial, suspension or revocation of license Hearing.
A. The Administrator may, after notice and hearing, deny, suspend or revoke any license if it is found that:
1. The applicant has been convicted of a felony or crime involving fraud, theft, receiving or possession of stolen property in the five (5) years preceding the submission of the application;
2. The licensee has failed to pay any fee or charge properly imposed by the Administrator under the authority of this act;
3. The licensee has violated any provision of this act or any regulation or order made pursuant to and within the authority of this act; or
4. Any fact or condition exists which, if it had existed or had been known to exist at the time of the original application for a license, clearly would have justified the Administrator in refusing the license.
B. The hearing for denial, suspension or revocation of a license shall be held upon twenty (20) days' notice in writing, setting forth the time and place thereof and a concise statement of the facts alleged to warrant the hearing. After the hearing, the Administrator shall prepare a written order setting forth the effective date of the order accompanied by findings of fact and a copy shall be delivered to the applicant or licensee. Such order, findings and the evidence considered by the Administrator shall be maintained as a part of the permanent public records of the Administrator.
C. Any licensee may surrender any license by delivering it to the Administrator with written notice of its surrender. Such surrender shall not affect the civil or criminal liability of the licensee for acts committed prior to the surrender of the license.
D. No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any customer.
Laws 1981, c. 213, § 8, operative July 1, 1981.
§59-1529. Violations.
Willful violation of any of the provisions of this act shall be a misdemeanor upon first conviction punishable by not more than thirty (30) days in the county jail or by a fine not to exceed Five Hundred Dollars ($500.00) or both. Subsequent convictions of a willful violation of this act shall be a felony punishable by not more than three (3) years in the State Penitentiary.
Added by Laws 1981, c. 213, § 9, operative July 1, 1981. Amended by Laws 1997, c. 133, § 513, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 374, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 513 from July 1, 1998, to July 1, 1999.
§591530. Records.
A. Every dealer shall keep a permanently bound book, not looseleaf, with pagesnumbered in sequence, in which there shall be legibly written at the time of any transaction with any person involving the purchasing of any used item made, or containing in whole or in part, any precious metal, or gem, the following information:
1. An account and description of the item purchased, including, if applicable, the manufacturer's name, the model, the model number, the serial number and any engraved marking;
2. The amount of money involved in the transaction;
3. The date;
4. The name, address and driver's license number of the person involved in the transaction with the dealer; if the person has no driver's license, then the date of birth and general physical description, including hair color and approximate height and weight of that person; and
5. The signature of the seller.
B. The book required by this section shall be a permanent record to be kept available for inspection at all times on the premises of the business of the licensed dealer. Such book shall be made available during regular business hours for inspection by any law enforcement officer authorized by a law enforcement agency to inspect such book. Every entry in such book shall be made in ink and shall not in any manner be obliterated or erased.
C. No dealer shall be required to furnish the description of any new property purchased from manufacturers or wholesale dealers at an established place of business or of any goods purchased from any bankrupt stock. Such goods shall be accompanied by a bill of sale or other evidence of open and legitimate purchase. The bill of sale shall also be available for inspection during regular business hours.
D. No dealer shall be required to furnish a description of property purchased from another licensed dealer or to meet the holding period provided for in Section 11 of this act if that dealer has met the requirements provided for in subsection A of this section and Section 11 of this act upon the initial purchase of the property, provided, that each shall record the license number of the other dealer and the amount of the transaction.
Laws 1981, c. 213, § 10, operative July 1, 1981.
§591531. Certain goods to be kept by dealer Time period Procedure.
A. Every dealer must keep at the business location designated in the license application, all used articles made, in whole or in part, of precious metals or gems, for inspection by any law enforcement officer at reasonable times for a period of ten (10) days or until the articles have been released by written authorization of any law enforcement officer authorized by the law enforcement agency or its designee, except as provided for in subsection C of Section 5 of this act. During this period, the appearance of such articles shall not be altered in any way. A dealer is not prohibited from selling or arranging to sell such articles during the tenday period as long as such articles remain in his possesion as required by this section.
B. A dealer may also designate an additional location for storage of items required to be held under the provisions of this act. This location shall be either a vault or a bank. The address of the designated additional location shall be filed with the Administrator. The Administrator shall release the designated location only to law enforcement agencies. The designated additional location shall be available for inspection by any law enforcement officer of this state authorized by the law enforcement agency to inspect the same.
Laws 1981, c. 213, § 11, operative July 1, 1981.
§591532. Reports of theft of precious metal.
Upon receiving a reported theft of precious metals, all law enforcement agencies shall transmit such reports to the Oklahoma State Bureau of Investigation. The reporting law enforcement agencies shall include any municipality, city, or town or county law enforcement agencies.
Laws 1981, c. 213, § 12, operative July 1, 1981.
§59-1601. Short title.
Chapter 39 of this title shall be known and may be cited as the "Speech-Language Pathology and Audiology Licensing Act".
Added by Laws 1973, c. 203, § 1, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 1, eff. July 1, 1998.
§59-1602. Purpose.
It is hereby declared to be a policy of this state that, in order to safeguard the public health, safety and welfare, and to protect the public from being misled by incompetent, unscrupulous and unqualified persons, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public.
Added by Laws 1973, c. 203, § 2, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 2, eff. July 1, 1998.
§59-1603. Definitions.
A. As used in the Speech-Language Pathology and Audiology Licensing Act:
1. "Board" means the Board of Examiners for Speech-Language Pathology and Audiology;
2. "Person" means any individual, partnership, organization or corporation, except that only individuals may be licensed under the Speech-Language Pathology and Audiology Licensing Act;
3. "Licensed speech-language pathologist" or "licensed audiologist" means an individual to whom a license has been issued pursuant to the provisions of the Speech-Language Pathology and Audiology Licensing Act, which license has not expired or has not been suspended or revoked;
4. "Speech-language pathologist" means any person who evaluates, examines, counsels or provides rehabilitative services for persons who have or are suspected of having a speech, voice and/or language disorder, and who meets the qualifications set forth in Section 1605 of this title. A speech-language pathologist is permitted to perform such basic audiometric tests and hearing therapy procedures as are consistent with such training;
5. "Speech, voice or language disorders" include, but are not limited to, any and all conditions that impede the normal process of human vocal communication;
6. "Practice of speech-language pathology" means the rendering or offering to render to any person or the public any speech, voice or language evaluation, examination, counseling or rehabilitation of or for persons who have or are suspected of having a speech, voice and/or language disorder, and/or representing oneself to be a speech-language pathologist;
7. "Audiologist" means any person who evaluates, examines, counsels or provides rehabilitative services for persons who have or are suspected of having a hearing disorder, and who meets the qualifications set forth in Section 1605 of this title. An audiologist also may provide consultation regarding noise control and hearing conservation, may conduct tests of vestibular function, may prepare ear impressions, and may provide evaluations of environment or equipment, including calibration, used in testing auditory functioning;
8. "Hearing disorders" include, but are not limited to, any or all conditions of decreased or impaired auditory function;
9. "Practice of audiology" means the rendering, or offering to render, to any person or the public, the evaluation, examination, counseling or rehabilitation of or for persons who have or are suspected of having a hearing disorder, and/or representing oneself to be an audiologist; and
10. "Hearing screening" means one or more procedures used to identify individuals who may have a hearing loss. Measurements of auditory thresholds are not included in hearing screening programs.
B. A person represents himself or herself to be a speech-language pathologist when such person holds himself or herself out to the public by any title or description of services incorporating the words "speech-language pathology", "speech-language pathologist", "speech pathology", "speech pathologist", "speech therapy", "speech therapist", "speech correction", "speech correctionist", "language therapy", "language therapist", "voice pathology", "voice pathologist", "voice therapy", "voice therapist", "logopedics", "logopedist", "communicology", "communicologist", "aphasiologist", "phoniatrist", "speech clinician", "speech clinic", "speech center" or any similar or related term or terms.
C. A person represents himself or herself to be an audiologist when such person holds himself or herself out to the public by any title or description of services incorporating the terms "audiology", "audiologist", "audiometry", "audiometrist", "hearing therapy", "hearing therapist", "hearing conservation", "hearing conservationist", "hearing clinician", "hearing clinic", "hearing center", "audiological", "audiometrics", or any similar or related term or terms.
D. The provision of speech-language pathology or audiology services in this state through telephonic, electronic or other means, regardless of the location of the speech-language pathologist shall constitute the practice of speech-language pathology and/or audiology and shall require licensure in this state.
Added by Laws 1973, c. 203, § 3, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 3, eff. July 1, 1998; Laws 2004, c. 280, § 1, eff. July 1, 2004.
§59-1604. License required - Exceptions and exemptions.
A. Except as otherwise provided by this section, no person shall practice speech-language pathology or audiology unless such person is licensed pursuant to the Speech-Language Pathology and Audiology Licensing Act.
B. The Speech-Language Pathology and Audiology Licensing Act shall not be construed to prevent:
1. A person licensed under any other law of this state from engaging in the profession or occupation for which such person is licensed, provided such person does not represent himself or herself to be a speech-language pathologist or audiologist;
2. An employee of the federal government, state, county or municipal government, or an agency or political subdivision thereof, from engaging in such employee's duties of employment;
3. The hearing testing or any other act conducted by licensed physicians within the scope of their licensed profession or by persons conducting hearing tests or other acts under the direct supervision of the physician;
4. The activities and services of a hearing-aid dealer or fitter so long as the activities and services of such dealer or fitter are limited to the selection, adaptation, distribution or sale of hearing aids, and the testing, instruction, and counseling pertaining thereto, as long as such hearing-aid dealer or fitter does not represent himself or herself to be an audiologist;
5. A teacher of the deaf and hard of hearing, certified by the Oklahoma State Department of Education, or certified nationally by the Council on Education of the Deaf, from engaging in the profession for which such teacher is trained. The services of a teacher of the deaf and hard-of-hearing shall be directed solely to those persons having or suspected of having a hearing disorder;
6. Any person not a resident of this state and who has not established offices in this state, from engaging in the practice of speech-language pathology or audiology in this state for a period that, in the aggregate, does not exceed seven (7) days in any calendar year, if such a person's education and experience is the substantial equivalent to that of a licensed speech-language pathologist or audiologist as described in Section 1605 of this title; and
7. The activities of hearing screening programs which are conducted by employees or trained volunteers who are providing these services under the auspices of public or private charitable agencies.
C. Notwithstanding any other provision of this section, a person licensed in this state to perform speech pathology or audiology services is hereby designated to be a practitioner of the healing art for purposes of making a referral for speech pathology or audiology services pursuant to the provisions of the Individuals with Disabilities Education Act, Public Law 105-17, as amended, and Section 504 of the Rehabilitation Act of 1973.
Added by Laws 1973, c. 203, § 4, emerg. eff. May 17, 1973. Amended by Laws 1982, c. 56, § 1, operative Oct. 1, 1982; Laws 1998, c. 202, § 4, eff. July 1, 1998; Laws 2004, c. 543, § 8, eff. July 1, 2004.
§59-1605. Qualifications for licensure.
A. To be eligible for licensure by the Board of Examiners for Speech-Language Pathology and Audiology as a speech-language pathologist, the applicant must:
1. Hold not less than a master's degree, or the equivalent, with a major emphasis in speech-language pathology or audiology from a regionally accredited academic institution offering a graduate program in speech-language pathology or audiology that meets or exceeds prevailing national standards;
2. Submit evidence of completion of supervised clinical practicum experience that meets or exceeds prevailing national standards from a regionally accredited educational institution or its cooperating programs, the content of which shall be approved by the Board and delineated in the rules;
3. Submit evidence of completion of supervised postgraduate professional experience as approved by the Board and described in the rules;
4. Pass examinations approved by the Board, whether or not administered by the Board; application for examination for a license or for a license without examination shall be upon forms prescribed by the Board; the Board may require that the application be verified; the license fee, which shall include an examination fee of not to exceed Twenty-five Dollars ($25.00), shall accompany the application; the cost of examinations administered by the Board shall be included in the examination fee; the Board shall determine the subject and scope of the examinations, and shall provide for examinations to qualified applicants at least twice a year; an applicant who fails the examination may be reexamined at a subsequent examination upon payment of another examination fee. Only the Board has the power to determine whether an applicant's examination has been passed or failed;
5. Attest to their status as either a United States citizen, a United States noncitizen national or a qualified alien;
6. Have not committed any acts described in Section 1619 of this title for which disciplinary action may be justified; and
7. Be of good moral character.
B. To be eligible for initial licensure by the Board as an audiologist, the applicant must:
1. Through December 31, 2006, hold not less than a master's degree, or the equivalent, with major emphasis in audiology from a regionally accredited academic institution offering a graduate or postbaccalaureate professional degree program in audiology that meets or exceeds prevailing national standards. After December 31, 2006, each audiology applicant shall hold not less than a postbaccalaureate residential or a post-master's distance education professional Doctor of Audiology degree (Au.D.), a Doctor of Philosophy degree (Ph.D.) with emphasis in audiology, or its equivalent as determined by the Board, from a regionally accredited academic institution;
2. Through December 31, 2006, submit evidence of completion of supervised clinical practicum experience that meets or exceeds prevailing national standards from a regionally accredited educational institution or its cooperating programs, the content of which shall be approved by the Board and delineated in the rules. After December 31, 2006, applicants applying with a residential Doctor of Audiology professional degree (Au.D) must demonstrate preparation that includes three years of didactic coursework and clinical education equivalent to a twelve-month, full-time clinical rotation or externship;
3. Through December 31, 2006, submit evidence of completion of supervised postgraduate professional experience, as approved by the Board and described in the rules. After December 31, 2006, applicants will be required to present to the Board only a copy of the Doctor of Audiology diploma along with a transcript demonstrating clinical experience equivalent to a twelve-month, full-time clinical rotation or externship, a copy of the Doctor of Philosophy diploma with an emphasis in audiology and a transcript reflecting a twelve-month, full-time clinical rotation or externship, or the equivalent as determined by the Board, from an accredited academic institution in order to demonstrate completion of the clinical rotation or externship requirement;
4. Pass examinations approved by the Board, whether or not administered by the Board; application for examination for a license or for a license without examination shall be upon forms prescribed by the Board; the Board may require that the application be verified; the license fee, which shall include an examination fee not to exceed Twenty-five Dollars ($25.00), shall accompany the application; the cost of examinations administered by the Board shall be included in the examination fee; the Board shall determine the subject and scope of the examinations and shall provide for examinations to qualified applicants at least twice a year; an applicant who fails the examination may be reexamined at a subsequent examination upon payment of another examination fee. Only the Board has the power to determine whether an applicant's examination has been passed or failed;
5. Attest to their status as either a United States citizen, a United States noncitizen national or a qualified alien;
6. Have not committed any acts described in Section 1619 of this title for which disciplinary action may be justified; and
7. Be of good moral character.
C. To be eligible for licensure by the Board as an intern, the applicant must be in the process of fulfilling the supervised clinical experience required in paragraph 2 of subsection A of this section, or be a student, intern or resident in speech-language pathology or audiology, pursuing a course of study at an accredited university or college, or working in a training center recognized by the applicant's accredited university or college, if these activities and services constitute a part of the applicant's supervised course of study, and if such person is designated by such title as "speech-language pathology intern", "speech-language pathology trainee", "audiology intern", "audiology trainee" or other such title clearly indicating the training status appropriate to the applicant's level of training.
D. To be eligible for licensure by the Board as a speech-language pathology or audiology assistant, the applicant must be assisting in the practice of speech-language pathology or audiology while in the employ of and under the supervision of a licensed speech-language pathologist or audiologist, subject to the rules of the Board. The licensed speech-language pathologist or audiologist is legally and ethically responsible for the professional activities of such employees.
E. To be eligible for licensure by the Board as a speech-language pathology or audiology temporary license holder, the applicant must meet all the requirements specified in subsection A of this section. A temporary license will be issued following a credentials review, such temporary license being valid until the next regularly held Board meeting.
Added by Laws 1973, c. 203, § 5, emerg. eff. May 17, 1973. Amended by Laws 1982, c. 56, § 2, operative Oct. 1, 1982; Laws 1994, c. 197, § 1, eff. July 1, 1994; Laws 1998, c. 202, § 5, eff. July 1, 1998; Laws 2004, c. 280, § 2, eff. July 1, 2004.
§59-1606. Waiver of examination requirement.
A. The Board of Examiners for Speech-Language Pathology and Audiology shall waive the examination and grant a license to applicants who present proof of current licensure in a state or country whose requirements for licensure are substantially equivalent to those of the Speech-Language Pathology and Audiology Licensing Act.
B. The Board shall waive the examination and grant a license to those who hold the Certificate of Clinical Competence of the American Speech and Hearing Association or its current equivalent in the area for which they are applying for licensure, provided the requirements for such certification are equivalent to or greater than those for licensure.
Added by Laws 1973, c. 203, § 6, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 6, eff. July 1, 1998; Laws 2004, c. 280, § 3, eff. July 1, 2004.
§59-1607. Board of Examiners for Speech Pathology and Audiology - Re-creation - Membership - Oath - Expenses.
A. There is hereby re-created, to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law, the Board of Examiners for Speech-Language Pathology and Audiology whose duty it is to administer the provisions of the Speech-Language Pathology and Audiology Licensing Act. The members of the Board shall be residents of this state and shall be appointed by the Governor with the advice and consent of the Senate. The Board shall be composed of five (5) members consisting of three licensed speech-language pathologists or audiologists, provided that at least one of the three shall be a licensed speech-language pathologist and at least one a licensed audiologist; one otolaryngologist who is certified by the American Board of Otolaryngology and one lay member.
B. The members of the original Board shall serve the following terms: one member for one (1) year, two members for two (2) years, and two members for three (3) years. Thereafter, at the expiration of the term, or termination of the member's service for any reason, the Governor shall appoint each successor for a term of three (3) years, or for the remainder of an unexpired term. The successor for any of the three speech-language pathologists or audiologists will be selected from a list of five licensed speech-language pathologists or audiologists, furnished by the Oklahoma Speech-Language-Hearing Association. The re-creation of the Board shall not affect the staggered terms of office for Board members established with the original Board.
C. Before entering upon the duties of the member's office, each member of the Board shall take the Constitutional oath of office and file it with the Secretary of State.
D. Board members may be reappointed to serve one additional three-year term. Three (3) years after the termination of a previous appointment to the Board, a member may be reappointed for one additional three-year term.
E. Board members shall be reimbursed for travel expenses incurred in the performance of their duties as provided in the State Travel Reimbursement Act.
Added by Laws 1973, c. 203, § 7, emerg. eff. May 17, 1973. Amended by Laws 1982, c. 56, § 3, operative Oct. 1, 1982; Laws 1988, c. 225, § 16; Laws 1994, c. 197, § 2, eff. July 1, 1994; Laws 1998, c. 202, § 7, eff. July 1, 1998; Laws 2000, c. 88, § 1; Laws 2004, c. 280, § 4, eff. July 1, 2004.
§59-1608. Removal of Board members.
The Governor may remove any member of the Board of Examiners for Speech-Language Pathology and Audiology for misconduct, incompetence or neglect of duty, after giving the member a written statement of charges, and opportunity for a hearing.
Added by Laws 1973, c. 203, § 8, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 8, eff. July 1, 1998; Laws 2004, c. 280, § 5, eff. July 1, 2004.
§59-1609. Meetings - Quorum - Executive secretary - Employees - Space.
A. The Board of Examiners for Speech-Language Pathology and Audiology shall hold a regular annual meeting at its last meeting of the fiscal year at which it shall elect from its membership a chairman, a vice-chairman, and a secretary. Other regular meetings shall be held at such times as the rules of the Board may provide. Special meetings may be held at such times as may be deemed necessary or advisable by a majority of the Board members. At least one (1) week's notice of all meetings shall be given in a manner prescribed by the rules of the Board.
B. All meetings of the Board shall be open and public except that the Board may hold a closed executive session:
1. To prepare, approve, grade or administer examinations; and
2. Upon request of an applicant who fails an examination to prepare a response indicating the cause of the applicant's failure.
C. Three members of the Board shall constitute a quorum.
D. An executive secretary shall be appointed by the Board, and shall hold office at the pleasure of the Board. The Board may employ such other persons and may rent or purchase such space and equipment as it deems necessary or desirable to carry out the provisions of this act.
Added by Laws 1973, c. 203, § 9, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 9, eff. July 1, 1998.
§59-1610. Powers and duties of Board.
A. The Board of Examiners for Speech-Language Pathology and Audiology, in addition to the other powers and duties prescribed by the Speech-Language Pathology and Audiology Licensing Act, shall have the power and duty to:
1. Regulate the practice of speech-language pathology and audiology in this state;
2. Examine the applicants and issue the appropriate licenses pursuant to the provisions of the Speech-Language Pathology and Audiology Licensing Act to applicants qualified in the practice of speech-language pathology and audiology;
3. Continue in effect, suspend, revoke, modify or deny, pursuant to the provisions of the Speech-Language Pathology and Audiology Licensing Act and such conditions as the Board may prescribe, licenses for the practice of speech-language pathology and audiology in this state;
4. Investigate complaints and hold hearings pursuant to the provisions of the Speech-Language Pathology and Audiology Licensing Act and the Administrative Procedures Act;
5. Initiate prosecutions against licensees in violation of the provisions of the Speech-Language Pathology and Audiology Licensing Act;
6. Reprimand or place on probation, or both, any holder of a license pursuant to the provisions of the Speech-Language Pathology and Audiology Licensing Act;
7. Adopt and promulgate standards of conduct for speech-language pathologists and audiologists consistent with accepted national standards;
8. Develop and promulgate rules necessary to effectuate the provisions of the Speech-Language Pathology and Audiology Licensing Act;
9. Enforce rules promulgated pursuant to the provisions of the Speech-Language Pathology and Audiology Licensing Act;
10. Communicate disciplinary actions to relevant state and federal authorities, to other state speech-language pathology and audiology licensing authorities requesting such information, and to other state and national professional associations requesting such information; and
11. Exercise all incidental powers and duties which are necessary and proper to effectuate the provisions of the Speech-Language Pathology and Audiology Licensing Act.
B. The conferral or enumeration of specific powers elsewhere in the Speech-Language Pathology and Audiology Licensing Act shall not be construed as a limitation of the general functions conferred by this section.
C. No member of the Board shall be liable for civil action for any act performed in good faith in the performance of the member's duties as prescribed by law.
Added by Laws 1973, c. 203, § 10, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 10, eff. July 1, 1998.
§59-1611. Code of ethics.
A. The Board of Examiners for Speech-Language Pathology and Audiology shall publish a code of ethics. The code shall take into account the professional character of speech-language and hearing services, and shall be designed to protect the interests of the client and the public.
B. In developing and revising the code of ethics, the Board shall hold hearings where interested persons may be heard on the subject. In addition, the Board will take into account the ethical standards promulgated by the American Speech-Language-Hearing Association.
Added by Laws 1973, c. 203, § 11, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 11, eff. July 1, 1998; Laws 2004, c. 280, § 6, eff. July 1, 2004.
§59-1612. Seal - Official records as prima facie evidence.
The Board of Examiners for Speech-Language Pathology and Audiology shall adopt a seal by which it shall authenticate the Board's proceedings. Copies of the proceedings, records and acts of the Board, and certificates purporting to relate the facts concerning such proceedings, records and acts, signed by the executive secretary and authenticated by said seal, shall be prima facie evidence in all courts of this state.
Added by Laws 1973, c. 203, § 12, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 12, eff. July 1, 1998.
§59-1613. Rules.
In addition to the powers and duties granted to the Board of Examiners for Speech-Language Pathology and Audiology by other provisions of the Speech-Language Pathology and Audiology Licensing Act, the Board shall promulgate rules, not inconsistent with the Constitution and laws of this state, that are reasonably necessary to the conduct of its duties and proceedings.
Added by Laws 1973, c. 203, § 13, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 13, eff. July 1, 1998.
§59-1614. Speech-Language Pathology and Audiology Licensing Fund.
A. The executive secretary of the Board of Examiners for Speech-Language Pathology and Audiology shall receive and account for all monies derived from the Speech-Language Pathology and Audiology Licensing Act. The executive secretary of the Board shall pay these monies monthly to the State Treasurer who shall keep them in a separate fund to be known as the "Speech-Language Pathology and Audiology Licensing Fund".
B. All monies received in the fund are hereby appropriated to the Board. Monies may be paid out of the fund upon proper voucher approved by the chair of the Board, and attested by the executive secretary of the Board.
C. All monies in the Speech-Language Pathology and Audiology Licensing Fund at the end of each fiscal year, being the unexpended balance of such fund, shall be carried forward and placed to the credit of the fund for the succeeding fiscal year.
D. Only the Board shall make expenditures from the fund for any purpose that is reasonably necessary to carry out the provisions of the Speech-Language Pathology and Audiology Licensing Act.
E. No money shall ever be paid from the General Revenue Fund for the administration of the Speech-Language Pathology and Audiology Licensing Act.
F. Any expenses or liabilities incurred by the Board shall not constitute a charge on any state funds other than the Speech-Language Pathology and Audiology Licensing Fund.
Added by Laws 1973, c. 203, § 14, emerg. eff. May 17, 1973. Amended by Laws 1980, c. 159, § 16, emerg. eff. April 2, 1980; Laws 1998, c. 202, § 14, eff. July 1, 1998; Laws 2004, c. 280, § 7, eff. July 1, 2004.
§59-1615. Repealed by Laws 1998, c. 202, § 24, eff. July 1, 1998.
§59-1615.1. Fees.
A. All licensing fees, renewal fees, and replacement fees shall be amounts fixed by the Board of Examiners for Speech-Language Pathology and Audiology. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Speech-Language Pathology and Audiology Licensing Act, and so there are no unnecessary surpluses in the Speech-Language Pathology and Audiology Licensing Fund.
B. The Board shall not fix a license fee at an amount in excess of One Hundred Dollars ($100.00), a renewal fee at an amount in excess of One Hundred Dollars ($100.00), or a fee for the issuance of a license to replace a license which was lost, destroyed, mutilated, or revoked at an amount in excess of Twenty-five Dollars ($25.00). The fees shall accompany the respective application.
Added by Laws 1998, c. 202, § 15, eff. July 1, 1998.
§59-1616. License certificates - Renewals - Inactive status.
A. The Board of Examiners for Speech-Language Pathology and Audiology shall issue a license certificate to each person whom it registers as a speech-language pathologist and/or audiologist. Licensure shall be granted in either speech-language pathology or audiology independently. Qualified applicants may be independently licensed in both. The certificate shall show the full legal name of the licensee and shall bear a serial number. The serial number is exclusive and not transferable. The certificate shall be signed by the chair and executive secretary of the Board under the seal of the Board.
B. Licenses for independent practitioners expire on the 31st day of December following their issuance or renewal, and are invalid thereafter unless renewed. The Board shall notify every person licensed pursuant to the Speech-Language Pathology and Audiology Licensing Act of the date of expiration and the amount of the renewal fee. This notice shall be mailed at least one (1) month before the expiration of the license. Renewal may be made at any time during the months of November or December upon application therefore, and by payment of the renewal fee. Failure on the part of any licensed person to pay such person's renewal fee before the first day in January does not deprive the person of the person's right to renew the person's license, but the fee to be paid for renewal after December shall be increased by fifty percent (50%) for each month or fraction thereof that the payment is delayed, up to a maximum of three times the current renewal fee.
C. A licensed speech-language pathologist or audiologist may place such person's license on inactive status if, prior to expiration of the person's license, the person makes written application to the Board for such status and pays a fee of Twenty-five Dollars ($25.00). Thereafter, the person may renew such person's license upon payment of a renewal fee equal to one and one-half (1 1/2) times the then current license fee. During the period of time the person's license is in an inactive status, the person shall not engage in the practice of speech-language pathology or audiology in the State of Oklahoma.
Added by Laws 1973, c. 203, § 16, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 16, eff. July 1, 1998; Laws 2004, c. 280, § 8, eff. July 1, 2004.
§59-1616.1. Continuing education programs.
The Board of Examiners for Speech-Language Pathology and Audiology is hereby authorized to establish requirements of continuing education as a condition for the renewal of licensure of speech-language pathologists and audiologists. The Board may assess a reasonable fee to be paid by entities sponsoring continuing education programs. Rules concerning accreditation of continuing education programs and other educational experience, and the assignment of credit for participation therein must be promulgated by the Board at least one (1) year prior to implementation of continuing education.
Added by Laws 1998, c. 202, § 17, eff. July 1, 1998.
§59-1617. List of licensees - Publication - Distribution.
The Board of Examiners for Speech-Language Pathology and Audiology shall publish a list of all licensed speech-language pathologists and licensed audiologists, including the name and business address of each licensed person, the area in which the person is licensed, and such other information as the Board deems appropriate. This list will be published on the web site for the Board of Examiners for Speech-Language Pathology and Audiology in printable format and updated quarterly. A copy of the list will be placed on file with the Secretary of State annually. Copies will be furnished to licensees and the public upon request.
Added by Laws 1973, c. 203, § 17, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 18, eff. July 1, 1998; Laws 2004, c. 280, § 9, eff. July 1, 2004.
§59-1618. Fees as exclusive.
The fees promulgated by the Board of Examiners for Speech-Language Pathology and Audiology shall be exclusive and no municipality shall have the right to require any person licensed under the provisions of the Speech-Language Pathology and Audiology Licensing Act to furnish any bond, pass any examination or pay any license fee or occupational tax.
Added by Laws 1973, c. 203, § 18, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 19, eff. July 1, 1998.
§59-1619. Disciplinary actions - Grounds - Notice and hearing - Appeal - Restoration.
A. The Board of Examiners for Speech-Language Pathology and Audiology may impose separately, or in combination, any of the following disciplinary actions on a licensee after formal disciplinary action as provided in the Speech-Language Pathology and Audiology Licensing Act: suspend or revoke a license, issue a letter of reprimand, impose probationary conditions, impose an administrative fine not to exceed Ten Thousand Dollars ($10,000.00), and assess reasonable costs. Disciplinary actions may be taken by the Board upon proof that the licensee:
1. Has been guilty of fraud or deceit in connection with the person's services rendered as a speech-language pathologist and/or audiologist;
2. Has aided or abetted a person who is not a licensed speech-language pathologist and/or audiologist and who is not an employee of and under the supervision of a licensed speech-language pathologist or audiologist and subject to the rules of the Board, in illegally engaging in the practice of speech-language pathology or audiology within this state;
3. Has been guilty of unprofessional conduct as defined by the rules established by the Board or has violated the code of ethics made and published by the Board;
4. Has used fraud or deception in applying for a license or in passing an examination provided for in the Speech-Language Pathology and Audiology Licensing Act;
5. Has been grossly negligent in the practice of the person's profession;
6. Has willfully violated any of the provisions of the Speech-Language Pathology and Audiology Licensing Act or any rules promulgated pursuant thereto;
7. Has violated federal, state or local laws relating to the profession. A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence of conviction; or
8. Has been convicted or has pled guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside. A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence of conviction.
B. 1. No disciplinary action shall be imposed until after a hearing before the Board. A notice of at least thirty (30) days shall be served, either personally or by certified mail, to the licensee charged, stating the time and place of the hearing, and setting forth the ground or grounds constituting the charges against the licensee. The licensee shall be entitled to be heard in such person's defense either in person or by counsel, and may produce testimony and may testify in the person's own behalf.
2. A record of such hearing shall be taken and preserved.
3. The hearing may be adjourned from time to time. If, after due receipt of notice of a hearing, the licensee shall be unable to appear for good cause shown, then a continuance shall be granted by the Board. The time allowed shall be at the discretion of the Board, but in no instance shall it be less than two (2) weeks from the originally scheduled date of the hearing.
4. If a licensee pleads guilty, or if upon hearing the charges, a majority of the Board finds them to be true, the Board shall impose its disciplinary action against the licensee. The Board shall record its findings and order in writing.
C. 1. The Board, through its chairman or vice-chairman, may administer oaths and may compel the attendance of witnesses and the production of physical evidence before it from witnesses upon whom process is served anywhere within the state, as in civil cases in the district court, by subpoena issued over the signature of the chairman or vice-chairman and the seal of the Board.
2. Upon request by an accused speech-language pathologist and/or audiologist, and statement under oath that the testimony or evidence is reasonably necessary to the person's defense, the Board shall use this subpoena power in behalf of the accused speech-language pathologist and/or audiologist.
3. The subpoenas shall be served, and a return of service thereof made, in the same manner as a subpoena is served out of the district courts in this state, and as a return in such case is made.
4. If a person fails and refuses to attend in obedience to such subpoena, or refuses to be sworn or examined or answer any legally proper question propounded by any member of said Board or any attorney or licensee upon permission from said Board, such person shall be guilty of a misdemeanor, and, upon conviction, may be punished by a fine not to exceed Two Hundred Fifty Dollars ($250.00) or by confinement in the county jail not to exceed ninety (90) days, or both.
D. 1. Any person who feels aggrieved by reason of the imposition of disciplinary action may appeal to the Board for a review of the case or may seek judicial review pursuant to the Administrative Procedures Act.
2. The suit shall be filed against the Board as defendant, and service of process shall be upon either the chairman or executive secretary of the Board.
3. The judgment of the district court may be appealed to the Supreme Court of Oklahoma in the same manner as other civil cases.
E. Upon a vote of three of its members, the Board may restore a license which has been revoked or reduce the period of suspension.
Added by Laws 1973, c. 203, § 19, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 20, eff. July 1, 1998.
§59-1620. Jurisdiction of district court.
A. The Board of Examiners for Speech-Language Pathology and Audiology, the Attorney General or the local district attorney may apply to the district court in the county in which a violation of the Speech-Language Pathology and Audiology Licensing Act is alleged to have occurred for an order enjoining or restraining the commission or continuance of such alleged violations. Thereupon, the court has jurisdiction over the proceedings, and may grant such temporary or permanent injunction or restraining order, without bond, as it deems just and proper.
B. The remedy provided by this section is in addition to, and independent of, any other remedies available for the enforcement of the Speech-Language Pathology and Audiology Licensing Act.
Added by Laws 1973, c. 203, § 20, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 21, eff. July 1, 1998.
§59-1621. Penalties.
Any person who represents himself or herself to be a speech-language pathologist and/or audiologist or engages in the practice of speech-language pathology and/or audiology within this state without being licensed or exempted in accordance with the provisions of the Speech-Language Pathology and Audiology Licensing Act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00) or be confined to jail for not more than six (6) months, or both such fine or confinement. Each day of violation is a separate offense.
Added by Laws 1973, c. 203, § 21, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 22, eff. July 1, 1998.
§59-1622. Annual reports.
The Board of Examiners for Speech-Language Pathology and Audiology shall make an annual report to the Governor, not later than the fifteenth day of November of each year. The report shall contain an account of all monies received, licenses issued, suspended or revoked, and all expenditures made by the Board in the twelve (12) months prior to said date.
Added by Laws 1973, c. 203, § 22, emerg. eff. May 17, 1973. Amended by Laws 1998, c. 202, § 23, eff. July 1, 1998.
§591624. Citation.
This act shall be known and may be cited as the "Oklahoma Welding Act."
Laws 1978, c. 104, § 1, eff. Oct. 1, 1978.
§591625. Description and legislative intent.
A. This act describes the welding inspector's basic technical functions, the requirements by which welding personnel may become qualified, and the principles of conduct and practice by which certification may be maintained. The certification procedure shall apply to personnel who inspect weldments.
B. This act is intended to supplement any requirements of an employer, code, standard or specification and shall not be construed as a preemption of the employer's responsibility for the work or for the performance of such work.
Laws 1978, c. 104, § 2, eff. Oct. 1, 1978.
§591626. Definitions.
As used in this act:
1. "Certificate" means the document issued to an applicant upon successful examination;
2. "Certification" means the testimony of qualifications;
3. "Code" means United States of America National Standard Institute Code;
4. "Committee" means the Oklahoma State Labor Department, Boiler Inspection Department, Chief Boiler Inspector;
5. "Qualification" means the successful completion of all parts of the requirements set out by the Oklahoma Department of Labor;
6. "Welding inspector" means a person who has met the requirements of this act;
7. "Weldtesting facility" means a qualified and approved testing facility approved by the Oklahoma Department of Labor;
8. "Weldment" means a welded assembly in which the bulk of the component parts are prepared and joined by any combination of the cutting and welding processes covered by Section 1628 of this title; 9. "Work" means that portion of the product or weldment that specifically involves or affects the use of welding; and
10. "Welder" means a person who has met the requirements of this act.
Laws 1978, c. 104, § 3, eff. Oct. 1, 1978; Laws 1979, c. 171, § 1, emerg. eff. May 15, 1979.
§591627. Welding inspectors Powers and duties.
A welding inspector shall have the following powers and duties: 1. Verify that the work which he inspects conforms to the requirements of the applicable codes, standards and job specifications;
2. Verify that the base materials and consumable welding materials conform to the specification requirements and that the specified welding filler metals are used on each base metal or combination of base metals;
3. Verify that the welding equipment to be used for the work is that which is specified in the welding procedure and has the capability to produce the specified welds;
4. Verify that the welding procedures are as specified, qualified and available to the welders for reference;
5. Verify that the welders have been properly qualified in accordance with the applicable codes and standards, and that their qualification authorizes them to use the welding procedures specified for the work. If there is evidence that the welder's work does not conform to the requirements of the applicable code, standard or specification, the welding inspector may require requalification of a welder, if that person's qualification is not current by the requirements of the applicable codes, standards or specifications;
6. When qualifying welders, the welding inspector shall observe the qualification tests;
7. Verify that only specified and properly qualified welding procedures are used for the work;
8. Verify that the joint preparation and fitup meets the requirements of the welding procedure and drawings;
9. Verify that the specified filler metals are used and that the filler metals are maintained in proper condition for use as specified;
10. Observe the technique and performance of each welder;
11. Examine the work for conformance to the requirements of the applicable codes, standards, specifications and drawings;
12. Identify the work he inspects with specified marking methods or appropriate records;
13. Perform the necessary visual inspections;
14. Verify that the required visual and other nondestructive examinations have been performed by qualified personnel in the specified manner. He shall review the resulting information to assure that the results are complete. The welding inspector may perform nondestructive examinations that are specified, providing he is qualified in accordance with the specified requirements; and
15. Prepare clear and concise reports and keep necessary records of the welding procedure, the welding procedure qualifications, the welding qualifications, the control of welding materials and the results of inspections and tests. It shall be the duty of the welding inspector to see that all test results are forwarded to the Department of Labor for issuance of welder certification cards.
Laws 1978, c. 104, § 4, eff. Oct. 1, 1978.
§591628. Applicants for certification Qualifications.
Each applicant for certification as a welding inspector shall have the following qualifications:
1. Maintenance experience involving the detection and measurement of weld inadequacies or discontinuities in accordance with specified procedures;
2. Repair experience involving the repair or replacement of welds that were determined inadequate or defective by reference to a code, standard, specification or drawing;
3. Familiarity with and understanding of the fundamentals of the following processes:
a. shielded metal arc welding,
b. stud arc welding,
c. submerged arc welding,
d. flux cored arc welding,
e. gas metal arc welding,
f. gas tungsten arc welding,
g. electroslag welding,
h. oxyfuel gas welding,
i. brazing,
j. thermal cutting, and
k. mechanical cutting.
Cutting processes refer only to those processes that are applied to the fabrication and repair of weldments;
4. Capability in writing clear and concise reports and maintaining records; and
5. Competency in the use of tools, gauges and instruments pertaining to weld inspection.
Laws 1978, c. 104, § 5, eff. Oct. 1, 1978.
§591629. Certification of applicants.
The Oklahoma State Labor Department shall issue to each applicant successfully meeting the qualifications requirements provided in Section 5 of this act a certificate stating that the applicant has met the certification requirements. The certificate shall be valid for one (1) year unless revoked pursuant to Section 8 of this act.
Laws 1978, c. 104, § 6, eff. Oct. 1, 1978.
§591630. Standards of skills, practice and conduct of welding inspectors.
A. In order to safeguard the public health and wellbeing and to maintain integrity and high standards of skills, practice and conduct in the occupation of welding inspection, the certified welding inspector shall be cognizant of the principles provided in this section and the scope to which they apply with the understanding that any unauthorized practice is subject to the Committee's review and may result in suspension or revocation of certification.
B. The welding inspector shall act with complete integrity in professional matters and be forthright and candid to the representatives on matters pertaining to this act.
C. The welding inspector shall preserve the health and wellbeing of the public by performing the duties required of welding inspectors in a conscientious and impartial manner to the full extent of his moral and civic responsibilities and qualifications. Accordingly, the welding inspector shall:
1. Undertake and perform assignments only when qualified by training, experience and capability; and
2. Be completely objective, thorough and factual in any written report, statement or testimony of the work and include all relevant or pertinent information in such communiques or testimonials.
D. With regard to public statements, the welding inspector shall:
1. Issue no statements, criticisms or arguments on weld inspection matters connected with public policy which are inspired or paid for by one or more interested parties without first identifying the party and speaker, and disclosing any possible pecuniary interest; and
2. Publicly express no opinion on a weld inspection subject unless it is founded upon an adequate knowledge of the facts in issue, upon a background of technical competence pertinent to the subject, and upon honest conviction of the accuracy and propriety of the statement.
E. With regard to conflicts of interest, the welding inspector shall:
1. Conscientiously avoid conflict of interest with his client and shall disclose any business association, interests or circumstances that might be so considered;
2. Not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties or their authorized agents;
3. Not solicit or accept gratuities, directly or indirectly, from one or more parties dealing with the client or employer in connection with the welding inspector's work; and
4. Neither inspect, review nor approve any work on behalf of one or more parties, while serving in the capacity of an elected, retained or employed public official.
F. With regard to solicitation of employment, the welding inspector shall:
1. Neither pay, solicit nor offer, directly or indirectly, any bribe or commission for professional employment with the exception of the usual commission or fees required; and
2. Neither falsify, exaggerate nor indulge in the misrepresentation of personal academic and professional qualifications, past assignments, accomplishments and responsibilities, or those of his associates.
Laws 1978, c. 104, § 7, eff. Oct. 1, 1978.
§591631. Unauthorized practive Suspension, refused renewal or revocation of certification.
The Oklahoma Commissioner of Labor shall have the power to suspend, refuse renewal of or revoke the welding inspector's certification, and the power to place on probation or to reprimand the holder, if he is found guilty of an unauthorized practice. The Commissioner of Labor may apply to any court of competent jurisdiction for an enforcement of its administrative decisions and rulings.
Laws 1978, c. 104, § 8, eff. Oct. 1, 1978.
§591632. Reinstatement.
Reinstatement of a revoked certification shall be allowed with no penalty or prejudice to the individual, provided the reason for such revocation has been rectified to the Commissioner of Labor's satisfaction.
Laws 1978, c. 104, § 9, eff. Oct. 1, 1978.
§59-1633. Recertification.
A. The welding inspector shall be recertified upon payment of the current fee and successful reexamination of complete facilities every year. However, renewal applicants who attest to continual or uninterrupted activity in the practice of welding inspection and who recomply with the provisions of Sections 141.1 through 141.20 of Title 40 of the Oklahoma Statutes and 380:25-13-3 of the Oklahoma Administrative Code shall be recertified upon payment of the current certification fee without reexamination.
B. Application for renewal of a certification that has expired shall be considered a new application.
C. The welding inspector shall be responsible for maintaining a current address with the State Department of Labor, Boiler Inspector Department, for mailing of renewal notices.
Added by Laws 1978, c. 104, § 10, eff. Oct. 1, 1978. Amended by Laws 2003, c. 101, § 2, eff. Nov. 1, 2003.
§59-1634. American Society of Mechanical Engineers Codes - Certification of welders - Penalties - Remedies.
A. The following American Society of Mechanical Engineers Codes, based upon the latest edition, shall be the piping codes for this state:
1. The power piping code, ASME B31.1;
2. The fuel gas piping code, ASME B31.2;
3. The gas transmission and distribution piping system code, ASME B31.8;
4. The process piping code, ASME B31.3; and
5. The liquid transportation systems for hydrocarbons, liquid petroleum gas, anhydrous ammonia and alcohols code, ASME 31.4.
The provisions of this act shall apply only to weldments required by the above codes.
B. All welders prior to performing weldments within this state on any piping enumerated in subsection A shall be tested, qualified and certified by the Commissioner of Labor pursuant to this act.
C. It shall be mandatory upon the owner, or a contractor to whom a contract is awarded and upon any welders wherein welders are to perform weldments on any piping enumerated in subsection A, upon any subcontractor under the owner or a contractor, to ensure that all welders performing weldments within this state shall be certified by the Commissioner of Labor before any weldments are fabricated.
D. Penalties:
1. Any welder who violates or omits to comply with any of the provisions of this section, and any officer, agent or representative of any owner or any contractor or subcontractor who violates or omits to comply with any of the provisions of this section shall be subjected to the penalties provided in this title.
2. The Commissioner of Labor is empowered to issue cease and desist orders against violations of this act until such time as compliance of the law is met. If an owner, welder, contractor and/or subcontractor fails to obey the orders issued by the Commissioner of Labor, the Attorney General shall review the case and initiate necessary proceedings for contempt of the Commissioner's order and/or ask for an injunction in the district court as deemed appropriate to the facts of the case.
3. No person, firm or corporation or agent thereof shall in any manner interfere with the performance of the duties of any inspector or representative of the Commissioner of Labor for the implementation of this act.
Added by Laws 1978, c. 104, § 11, eff. Oct. 1, 1978. Amended by Laws 1979, c. 171, § 2, emerg. eff. May 15, 1979; Laws 2003, c. 101, § 3, eff. Nov. 1, 2003.
§59-1634.1. Weldments subject to certain codes.
Notwithstanding any other provision of law, weldments subject to the provisions of Section 1624 et seq. of Title 59 of the Oklahoma Statutes and performed on and after the effective date of this act shall meet the standards of the following codes: American Society of Mechanical Engineers (ASME) Section 9 and American Petroleum Institute (API) 1104 and 1107.
Added by Laws 1997, c. 353, § 3, eff. Nov. 1, 1997.
§59-1635. Commission of Labor - Additional power and duties.
The Commissioner of Labor shall have the following duties in addition to any other duties prescribed by law:
1. Examine, certify and renew the certification of qualified applicants and keep a record of all such proceedings;
2. Promulgate rules concerning the quality of welds and qualification of welders;
3. Designate and approve persons qualified to administer welding tests; and
4. Designate and approve shops, testing facilities or other establishments qualified for testing coupons and weldments.
Added by Laws 1978, c. 104, § 12, eff. Oct. 1, 1978. Amended by Laws 1998, c. 364, § 15, emerg. eff. June 8, 1998.
§591636. Fees and certificates.
A. The certification fee for each welder shall be Twentyfive Dollars ($25.00). An additional fee of Ten Dollars ($10.00) shall be paid if the welder's certification has expired prior to renewal. The certification fee for each welding inspector shall be One Hundred Dollars ($100.00). The certification fee for each testing facility shall be Two Hundred Fifty Dollars ($250.00).
B. Certificates for welders and testing facilities and welding inspectors shall be issued for a period of one (1) year, and shall be renewed by January 1 of each year for testing facility applicants and welding inspectors, and on the last day of the welder applicant's birth month; provided, however, that no welder applicant shall be required to renew his license more than once during any twelvemonth period. Failure to renew the certificates within one (1) year of expiration shall require recertification.
Amended by Laws 1984, c. 296, § 74, operative July 1, 1984.
§591637. Disposition of revenues.
All revenues collected under the provisions of this act shall be paid by the Department of Labor to the State Treasurer and by him placed to the credit of the General Revenue Fund of the state, to be used for governmental functions and to be paid out only pursuant to direct appropriation by the Legislature of the State of Oklahoma.
Laws 1978, c. 104, § 14, eff. Oct. 1, 1978.
§591638. Exemptions.
A. Upon the effective date of this act, owneruser inspectors following weldment procedures which conform to the applicable code for qualifying welders and testing weldments by nondestructive or destructive methods shall be exempt from this act. Any inspector who has been certified by the American Welding Society shall be exempt.
B. Any weldtest facility, which has been approved and certified under this title by the Oklahoma Department of Labor on or before January 1, 1979, to test and qualify welder operators and which has as its primary function the testing and qualifying of welder operators, shall be approved to continue as authorized and may operate using inspectors who have documentation of a minimum of seven (7) years of the last ten (10) years of experience in the inspection field.
C. The Commissioner of Labor shall, upon proper application and the payment of fees within ninety (90) days after the effective date of this act, and annually thereafter upon payment of the fees provided herein shall issue certification without examination to those persons who test and qualify welder operators, upon producing proof satisfactory to the Commissioner, that they meet the requirements of this section, and who have otherwise complied with the provisions of this act.
Laws 1978, c. 104, § 15, eff. Oct. 1, 1978; Laws 1979, c. 171, § 3, emerg. eff. May 15, 1979.
§591639. Owner may require welder to qualify with appropriate code Exempt equipment.
If a welder holds a state certificate, the owner may require the welder to qualify in accordance with the appropriate code whenever deemed necessary, and reject the welder if qualifying test is failed. Any equipment fabricated in compliance with existing codes is exempt from this act.
Laws 1978, c. 104, § 16, eff. Oct. 1, 1978.
§591640. Violations Misdemeanor Penalties.
Any person who violates the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by payment of a fine of Five Hundred Dollars ($500.00).
Laws 1978, c. 104, § 17, eff. Oct. 1, 1978.
§591641. Construction of act.
Nothing in this act shall be construed to affect or modify any unexpired welder certification issued prior to the adoption hereof. Holders of unexpired welder certifications issued by the Commissioner of Labor shall be entitled to renew said certificates as herein provided.
Laws 1978, c. 104, § 18, eff. Oct. 1, 1978.
§59-1680. Short title.
Sections 1680 through 1697 of this title shall be known and may be cited as the "Electrical License Act".
Added by Laws 1982, c. 337, § 1. Amended by Laws 2001, c. 394, § 37, eff. Jan. 1, 2002.
§59-1681. Rules.
The Construction Industries Board is hereby authorized to adopt, amend and repeal rules governing the examination and licensing of electrical contractors and journeymen electricians, the defining of categories and limitations for such licenses, the establishment of continuing education requirements and procedures as determined by the Committee of Electrical Examiners, the establishment and levying of administrative fines, the initiation of disciplinary proceedings, the requesting of prosecution of and initiation of injunctive proceedings against any person who violates any of the provisions of the Electrical License Act or any rule promulgated pursuant to the Electrical License Act, the establishment of bonding and insurance requirements precluding municipal requirements, the requirement of proof of possession of a Federal Tax ID Number and a State of Oklahoma Employment Security Board identification number, the registration of electrical apprentices and the standard of electrical installations, and to adopt future editions of the Code. Provided, broiler houses will not be required to meet the electrical wiring requirements for environmentally controlled poultry houses as set out in the National Electric Code.
Added by Laws 1982, c. 337, § 2. Amended by Laws 1985, c. 256, § 1, eff. Nov. 1, 1985; Laws 1987, c. 200, § 1, eff. Nov. 1, 1987; Laws 1991, c. 90, § 1, emerg. eff. April 22, 1991; Laws 1993, c. 236, § 4, eff. Sept. 1, 1993; Laws 1994, c. 155, § 1, eff. July 1, 1994; Laws 2001, c. 394, § 38, eff. Jan. 1, 2002.
§59-1681.1. Voluntary review of project plans and specifications.
The Construction Industries Board shall establish by rule a process for the formal review of the plans and specifications for a project prior to bid dates for the project to ensure that the project plans and specifications are in conformance with applicable plumbing, electrical and mechanical installation codes. The rule shall provide that the review shall be completed in a timely manner, not to exceed fourteen (14) calendar days from the date of the submission of a completed application for review which is accompanied by the review fee not to exceed Two Hundred Dollars ($200.00) to be established by the rule. Upon completion of the review, the plans and specifications shall be returned to the applicant with documentation indicating either approval of plans and specifications which are in compliance with the applicable codes, or modifications which must be made to bring the plans and specifications into conformance. Submission of such plans and specifications for review by the Board shall be voluntary.
Added by Laws 1994, c. 293, § 4, eff. July 1, 1994. Amended by Laws 2001, c. 394, § 39, eff. Jan. 1, 2002.
§59-1682. Definitions.
As used in the Electrical License Act:
1. "Board" means the Construction Industries Board;
2. "Committee" means the Committee of Electrical Examiners appointed by the Board;
3. "Electrical apprentice" means any person sixteen (16) years of age or older whose principal occupation is the learning of and assisting in the installation of electrical work under the direct supervision of a licensed journeyman electrician or electrical contractor;
4. "Journeyman electrician" means any person other than an electrical contractor who engages in the actual installation, alteration, repair or renovation of electrical facilities or electrical construction work unless specifically exempted by the provisions of the Electrical License Act;
5. "Electrical contractor" means any person skilled in the planning, superintending and practical installation of electrical facilities who is familiar with the laws, rules and regulations governing such work. Electrical contractor also means any individual, firm, partnership, corporation, limited liability company, or business performing skills of an electrical contractor or an electrician or the business of contracting, or furnishing labor or labor and materials for the installation, repair, maintenance or renovation of electrical facilities or electrical construction work according to the provisions of the Electrical License Act;
6. "Electrical facilities" means all wiring, fixtures, appurtenances, and appliances for, and in connection with, a supply of electricity within or adjacent to any building, structure or conveyance on the premises but not including the connection with a power supply meter or other power supply source;
7. "Category" means the classification by which licenses and electrical work may be limited. Such categories shall include but shall not be limited to installation, maintenance, repair, alteration, residential, oilfield, and commercial;
8. "Temporary journeyman electrician" means any person other than a person permanently licensed as a journeyman electrician or electrical contractor in this state who meets the temporary licensure requirements of Section 1685.1 of this title;
9. "Variance and Appeals Board" means the Oklahoma State Electrical Installation Code Variance and Appeals Board; and
10. "Electrical construction work" means installation, fabrication or assembly of equipment or systems included in "premises wiring" as defined in the 2002 edition of the National Electrical Code, which is hereby adopted and incorporated by reference. Electrical construction work includes, but is not limited to, installation of raceway systems used for any electrical purposes, and installation of field-assembled systems such as ice and snow melting, pipe-tracing, and manufactured wiring systems. Electrical construction work shall not include in-plant work performed by employees of the company owning the plant, work performed by telecommunications employees for telecommunications companies, or installation of factory-assembled appliances or machinery which is not part of the premises wiring unless wiring interconnections external to the equipment are required in the field.
Added by Laws 1982, c. 337, § 3. Amended by Laws 1985, c. 256, § 2, eff. Nov. 1, 1985; Laws 1994, c. 155, § 2, eff. July 1, 1994; Laws 1994, c. 293, § 5, eff. July 1, 1994; Laws 1998, c. 320, § 1, emerg. eff. May 28, 1998; Laws 1999, c. 405, § 5, emerg. eff. June 10, 1999; Laws 2001, c. 394, § 40, eff. Jan. 1, 2002; Laws 2003, c. 318, § 11, eff. Nov. 1, 2003.
§59-1683. Committee of Electrical Examiners - Membership - Term - Vacancies - Rules, regulations and examinations - Compensation - Quorum.
A. There is hereby established the Committee of Electrical Examiners which shall consist of seven (7) members. All members of the Committee shall be residents of this state.
B. Beginning January 1, 2002, as the terms of members serving on the Committee expire, six voting members of the Committee shall be appointed by the Construction Industries Board as follows:
1. One member shall be an electrical inspector selected from a list of names submitted by a statewide organization of electrical inspectors;
2. One member shall be selected from a list of names submitted by a statewide organization of electrical contractors representing union contractors;
3. One member shall be selected from a list of names submitted by a statewide organization representing builders and contractors;
4. One member shall be a journeyman wireman selected from a list of names submitted by a statewide organization of union journeymen wiremen;
5. One member shall be a journeyman wireman selected from lists of names submitted from the electrical construction industry; and
6. One member shall be selected from a list of names submitted by a statewide organization of electrical contractors representing nonunion contractors. The term of the initial appointee shall be for two (2) years.
All members shall each have at least ten (10) years of active experience as licensed electrical contractors, journeyman electricians or as an electrical inspector. No member shall be employed by the same person or firm as any other member of the Committee. The terms of members so appointed shall be staggered and shall be for two (2) years, or until their successors are appointed and qualified.
The nonvoting member shall be designated by the Board from its staff to serve as Program Administrator and serve as the Chief Electrical Inspector for the state.
C. Vacancies which may occur in the membership of the Committee shall be filled by appointment of the Board. Each person who has been appointed to fill a vacancy shall serve for the remainder of the term for which the member he or she succeeds was appointed and until his or her successor has been appointed and has qualified. Members of the Committee may be removed from office by the Board for cause in the manner provided by law for the removal of officers not subject to impeachment.
D. The Committee shall assist and advise the Board on all matters relating to the formulation of rules and standards in accordance with the Electrical License Act. The Committee shall administer the examinations of applicants for licenses as electrical contractors or journeyman electricians provided that such examinations shall be in accordance with the provisions of the Electrical License Act. The Committee may authorize the Board to conduct tests on their behalf as the Committee deems necessary.
E. All members of the Committee shall be reimbursed for expenses incurred while in the performance of their duties in accordance with the State Travel Reimbursement Act.
F. A majority of the total membership of the Committee shall constitute a quorum for the transaction of business.
G. The Committee shall elect from among its membership a chairperson, vice-chairperson and secretary to serve terms of not more than one (1) year ending on June 30 of the year designated as the end of the officer's term. The chairperson or vice-chairperson shall preside at all meetings. The chairperson, vice-chairperson and secretary shall perform such duties as may be directed by the Committee. The Committee shall meet at such times as the chairperson or presiding officer deems necessary to carry out the responsibilities of the Board.
Added by Laws 1982, c. 337, § 4. Amended by Laws 1987, c. 200, § 2, eff. Nov. 1, 1987; Laws 1994, c. 155, § 3, eff. July 1, 1994; Laws 1996, c. 318, § 3, eff. July 1, 1996; Laws 2001, c. 394, § 41, eff. Jan. 1, 2002; Laws 2002, c. 457, § 7, eff. July 1, 2002.
§591684. Examinations for licenses.
A. Examinations for licenses as electrical contractors or journeyman electricians shall be uniform and practical in nature for each respective license and shall be sufficiently strict to test the qualifications and fitness of the applicants for licenses. Examinations shall be in whole or in part in writing. The Committee shall conduct examinations twice a year and at such other times as it deems necessary.
B. Any applicant initially failing to pass the examination shall not be permitted to take another examination for a period of thirty (30) days. Any applicant subsequently failing to pass the examination shall not be permitted to take another examination for a period of ninety (90) days.
Added by Laws 1982, c. 337, § 5.
§59-1685. Issuance of license - Qualification - Transferability and use.
A. The Construction Industries Board shall issue a license as journeyman electrician or electrical contractor to any person who:
1. Has been certified by the Committee of Electrical Examiners as either having successfully passed the appropriate examination or having a valid license issued by another governmental entity with licensing requirements similar to those provided in the Electrical License Act; and
2. Has paid the license fee and otherwise complied with the provisions of the Electrical License Act.
B. All licenses shall be nontransferable and it shall be a misdemeanor for any person licensed under the provisions of the Electrical License Act to loan or allow the use of such license by any other person, firm or corporation, except as specifically provided in the Electrical License Act.
Added by Laws 1982, c. 337, § 6. Amended by Laws 2001, c. 394, § 42, eff. Jan. 1, 2002.
§59-1685.1. Temporary licenses.
A. Within one (1) year of the date the Governor of this state declares a state of emergency in response to a disaster involving the destruction of dwelling units, the Construction Industries Board shall issue a distinctively colored, nonrenewable, temporary journeyman electrician license which shall expire one (1) year after the date of declaration to any person who is currently licensed as a journeyman electrician by another state and who:
1. Submits, within ten (10) days of beginning journeyman electrician's work in this state, an application and fee for a journeyman electrician's examination;
2. Takes and passes the examination at the first opportunity thereafter offered by the Board; and
3. Pays a temporary journeyman electrician's license fee to be established by rule by the Board pursuant to Section 1000.5 of this title.
B. Nothing in this section shall be construed as prohibiting any person from qualifying at any time for any other license by meeting the requirements for the other license.
Added by Laws 1999, c. 405, § 6, emerg. eff. June 10, 1999. Amended by Laws 2001, c. 394, § 43, eff. Jan. 1, 2002; Laws 2002, c. 457, § 8, eff. July 1, 2002.
§59-1686. Registration as electrical apprentice - Qualifications - Applications - Fees.
A. The Construction Industries Board shall, upon proper application and payment of fee, register as an electrical apprentice and issue a certificate of such registration to any person who furnishes satisfactory proof to the Board that the applicant is:
1. Sixteen (16) years of age or over;
2. Enrolled in a school or federal training program for electrical apprentices recognized by the Board, or employed as an electrical apprentice with an active licensed electrical contractor.
B. All applications for examination, license or renewal of license shall be made in writing to the Board on forms provided, if necessary, by the Board. All applications shall be accompanied by the appropriate fee.
Added by Laws 1982, c. 337, § 7. Amended by Laws 2001, c. 394, § 44, eff. Jan. 1, 2002.
§59-1687. Repealed by Laws 2002, c. 457, § 12, eff. July 1, 2002.
§59-1688. Term of license and apprentice registration certificates - Renewal or reregistration - Late renewal penalty.
A. Until June 30, 2004, no license shall be issued for longer than one (1) year and all licenses shall expire on June 30 of each year. A license may be renewed upon application and payment of fees thirty (30) days preceding or following June 30 of each year, or the date the license is due, and not be subject to a late-renewal penalty. Beginning July 1, 2004, all licenses shall expire on the birthdate of the licensee. The Construction Industries Board shall establish by rule a method for prorating license fees to coincide with the birthdate of the licensee. Licenses which have not been renewed more than thirty (30) days following the date of expiration may be renewed upon application and payment of all required fees and payment of any penalty for late renewal established by the Board and upon compliance with any applicable continuing education requirements established by the Board and this act. No penalty for late renewal shall be charged to any holder of a license which expires while the holder is in military service, if an application for renewal is made within one (1) year following the service discharge of the holder.
B. No journeyman or contractor license shall be renewed unless the licensee has completed the required hours of continuing education, as determined and approved by the Committee of Electrical Examiners and approved by the Construction Industries Board. The requirement may be satisfied by completing a course on the current national electrical code revision of not less than six (6) hours of instruction, within one (1) year of adoption of the current national electrical code revision.
C. An apprentice registration certificate shall be issued for one (1) year, at which time the apprentice may reregister upon meeting the requirements of the Construction Industries Board and paying the renewal fee.
Added by Laws 1982, c. 337, § 9. Amended by Laws 1994, c. 155, § 5, eff. July 1, 1994; Laws 1999, c. 405, § 8, emerg. eff. June 10, 1999; Laws 2001, c. 394, § 45, eff. Jan. 1, 2002; Laws 2002, c. 457, § 9, eff. July 1, 2002; Laws 2003, c. 318, § 12, eff. Nov. 1, 2003.
§59-1689. Electrical Hearing Board - Investigations - Revocation or suspension of licenses - Jurisdiction of political subdivisions.
A. The Construction Industries Board and the Committee of Electrical Examiners shall act as the Electrical Hearing Board and shall comply with the provisions of Article II of the Administrative Procedures Act, Section 308a et seq. of Title 75 of the Oklahoma Statutes.
B. The Electrical Hearing Board may, upon its own motion, and shall, upon written complaint filed by any person, investigate the business transactions of any electrical contractor, journeyman electrician or electrical apprentice. Upon a finding by clear and convincing evidence, the Board shall suspend or revoke any license or registration obtained by false or fraudulent representation. Upon a finding by clear and convincing evidence, the Board shall also suspend or revoke any license or registration for any of the following:
1. Making a material misstatement in the application for a license or registration, or the renewal of a license or registration;
2. Loaning or illegally using a license;
3. Demonstrating incompetence to act as a journeyman electrician or electrical contractor;
4. Violating any provisions of the Electrical License Act, or any rule or order prescribed by the Board or any ordinance for the installation of electrical facilities made or enacted by a city or town by authority of the Electrical License Act; or
5. Willfully failing to perform normal business obligations without justifiable cause.
C. Any person whose license or registration has been revoked by the Electrical Hearing Board may apply for a new license one (1) year from the date of such revocation.
D. Notwithstanding any other provision of law, a political subdivision of this state that has adopted a nationally recognized electrical code and appointed an inspector pursuant to the provisions of Section 1693 of this title or pursuant to the provisions of the Oklahoma Inspectors Act for such work shall have jurisdiction over the interpretation of the code and the installation of all electrical work done in that political subdivision, subject to the provisions of the Oklahoma Inspectors Act. Provided, a state inspector may work directly with an electrical contractor, journeyman electrician or electrical apprentice in such a locality if a violation of the code creates an immediate threat to life or health.
E. In the case of a complaint about, investigation of, or inspection of any license, registration, permit or electrical work in any political subdivision of this state which has not adopted a nationally recognized electrical code and appointed an inspector pursuant to the provisions of Section 1693 of this title or pursuant to the provisions of the Oklahoma Inspectors Act for such work, the Construction Industries Board shall have jurisdiction over such matters.
F. 1. No individual, business, company, corporation, association or other entity subject to the provisions of the Electrical License Act shall install, modify or alter electrical facilities in any incorporated area of this state which has not adopted a nationally recognized electrical code and appointed an inspector pursuant to the provisions of Section 1693 of this title or pursuant to the provisions of the Oklahoma Inspectors Act for such work without providing notice of such electrical work to the Construction Industries Board. A notice form for reproduction by an individual or entity required to make such notice shall be provided by the Construction Industries Board upon request.
2. Notice to the Construction Industries Board pursuant to this subsection shall not be required for electrical maintenance or replacement of existing electrical appliances or fixtures or of any petroleum refinery or its research facilities.
3. Enforcement of this subsection is authorized pursuant to the Electrical License Act, or under authority granted to the Construction Industries Board.
Added by Laws 1982, c. 337, § 10. Amended by Laws 1993, c. 251, § 2, eff. Sept. 1, 1993; Laws 1994, c. 155, § 6, eff. July 1, 1994; Laws 1994, c. 293, § 6, eff. July 1, 1994; Laws 1997, c. 353, § 4, eff. Nov. 1, 1997; Laws 2001, c. 394, § 46, eff. Jan. 1, 2002.
§591690. License required Violation Penalty.
A. Ninety (90) days from and after July 1, 1982, it shall be a misdemeanor for any person to perform the work of a journeyman electrician until such person has qualified and is licensed as a journeyman electrician or electrical contractor.
B. Ninety (90) days from and after July 1, 1982, it shall be a misdemeanor for any person to act as an electrical contractor or to engage in or offer to engage in, by advertisement or otherwise, the business of an electrical contractor until the person, or a member of the partnership, or an officer of the firm, association or corporation, shall have qualified and is licensed as an electrical contractor.
Added by Laws 1982, c. 337, § 11.
§59-1691. Change of address - Notice.
Any holder of a license or registration issued in accordance with the provisions of the Electrical License Act shall promptly notify the Construction Industries Board of any change in address.
Added by Laws 1982, c. 337, § 12. Amended by Laws 2001, c. 394, § 47, eff. Jan. 1, 2002.
§59-1692. Application and construction.
A. The provisions of the Electrical License Act shall not apply to:
1. Minor repairs, consisting of repairing or replacing outlets or minor working parts of electrical fixtures;
2. Maintenance work for state and federal institutions;
3. The construction, installation, maintenance, repair and renovation by a public utility regulated by the Corporation Commission;
4. Public service corporations, telephone and telegraph companies, rural electric associations or municipal utilities;
5. The construction, installation, maintenance, repair and renovation of telephone equipment or computer systems by a person, firm, or corporation engaged in the telecommunications or information systems industry when such activities involve work exclusively for communication of data, voice, or for other signaling purposes; except fire alarm systems, security systems and environmental control systems that are not an integral part of a telecommunications system; or
6. The installation, maintenance, repair or replacement of water supply pumps, provided such work is performed from the output side of a fused disconnect or breaker box.
B. Nothing in the Electrical License Act shall be construed to require:
1. Employment of a licensed electrical contractor, journeyman electrician or electrical apprentice except as required by local ordinances and resolutions;
2. Any regular employee of any firm or corporation to hold a license before doing any electrical work on the property of the firm or corporation whether or not the property is owned, leased or rented except as may be required by local ordinances and resolutions; or
3. An individual to hold a license before doing electrical work on his own property or residence except as may be required by local ordinances and resolutions.
Added by Laws 1982, c. 337, § 13. Amended by Laws 1984, c. 145, § 2, emerg. eff. April 17, 1984; Laws 1997, c. 67, § 1, eff. Nov. 1, 1997.
§591693. Municipal regulation of electrical work Electrical inspector - Combined electrical and plumbing inspector.
A. Any city or town in this state may prescribe rules, regulations and standards for the materials used and the construction, installation and inspection of all electrical work in connection with any building, structure or conveyance in such city or town provided that no electrical work shall be done without a permit first being obtained from such city or town. This permit may be issued upon such terms and conditions as the city or town may prescribe.
B. Any city or town in this state may create an office of electrical inspector whose duty it shall be to inspect all electrical installations under the jurisdiction of such city or town and to issue a certificate upon the completion of each inspection. This inspector shall have at least three (3) years of active experience in the electrical industry and shall have no interest, direct or indirect, in any firm or corporation engaged in the electrical industry.
C. Any city or town in this state, with a population in excess of four thousand (4,000) but not exceeding thirty thousand (30,000), may create an office which combines the powers and duties of the plumbing inspector and the electrical inspector. Except as otherwise provided in this subsection, the holder of such office must have at least three (3) years' practical experience in the plumbing industry and three (3) years' practical experience in the electrical industry. Any such city or town may, in its discretion, appoint some other person deemed qualified for such office if such person, within two (2) years after the date of appointment, successfully passes the examination for a license as a plumbing inspector and the examination for a license as an electrical inspector conducted by a recognized national building code or standard service.
D. Any city or town with a population of four thousand (4,000) or less may, in its discretion, appoint some other person deemed qualified for this office.
E. The electrical inspector may hold more than one office in the city or town appointing such person and the salary of the person shall be as determined by such city or town.
Added by Laws 1982, c. 337, § 14. Amended by Laws 1991, c. 324, § 2, emerg. eff. June 14, 1991; Laws 1995, c. 9, § 3, eff. Nov. 1, 1995.
§59-1694. Electrical Revolving Fund.
All monies received by the Construction Industries Board under the Electrical License Act, including the administrative fines authorized by Section 1695 of this title, shall be deposited with the State Treasurer and credited to the "Electrical Revolving Fund". The revolving fund shall be a continuing fund not subject to fiscal year limitations and may be budgeted and expended by the Construction Industries Board. Expenditures from this fund shall be made pursuant to the purposes of the Electrical License Act and shall include, but not be limited to, payment of operating costs and the costs of programs designed to promote public awareness of the electrical industry, and expenditures for the preparation and printing of regulations, bulletins or other documents and the furnishing of copies of such documents to those persons engaged in the electrical industry or the public. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. The revolving fund shall be audited at least once each year by the State Auditor and Inspector.
Added by Laws 1982, c. 337, § 15. Amended by Laws 1993, c. 236, § 5, eff. Sept. 1, 1993; Laws 1994, c. 155, § 7, eff. July 1, 1994; Laws 2001, c. 394, § 48, eff. Jan. 1, 2002; Laws 2004, c. 163, § 6, emerg. eff. April 26, 2004.
§591695. Violations Fines - Injunctions.
A. Any person who violates any of the provisions of the Electrical License Act or any provision of an ordinance or regulation enacted by a city or town by authority of the Electrical License Act, in addition to suffering possible suspension or revocation of a license or registration, shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).
B. In addition to other penalties provided by law, if after a hearing in accordance with the provisions of Section 1689 of this title, the Electrical Hearing Board shall find any person to be in violation of any of the provisions of this act, such person may be subject to an administrative fine of not more than Five Hundred Dollars ($500.00) for each violation. Each day a person is in violation of this act may constitute a separate violation. The maximum fine will not exceed One Thousand Dollars ($1,000.00). All administrative fines collected pursuant to the provisions of this subsection shall be deposited in the Electrical Revolving Fund. Administrative fines imposed pursuant to this subsection shall be enforceable in the district courts of this state.
C. The Electrical Hearing Board may make application to the appropriate court for an order enjoining the acts or practices prohibited by this act, and upon a showing by the Electrical Hearing Board that the person has engaged in any of the prohibited acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court.
D. If any electrical facilities as defined in the Electrical License Act are in violation of the National Electrical Code set forth in the National Fire Code (Electrical) issued by the National Fire Protection Association, NFPA number 70, current edition, as amended, or any ordinance or other regulation of a city or town, the proper authorities of the state or political subdivision of the state, in addition to other remedies, may institute appropriate action or proceedings to prevent any illegal installation or use of such facilities, to restrain, correct or abate any violation, or to prevent illegal occupancy of a building or structure.
Added by Laws 1982, c. 337, § 16. Amended by Laws 1993, c. 236, § 6, eff. Sept 1, 1993; Laws 1994, c. 155, § 8, eff. July 1, 1994.
§59-1696. Municipal supervision and inspection of electrical facilities.
Nothing in the Electrical License Act shall prohibit cities and towns from having full authority to provide supervision and inspection of electrical facilities by the enactment of codes, ordinances, bylaws, and rules in such form as they may determine and prescribe for their jurisdiction; provided, that no such codes, ordinances, bylaws, and rules shall be inconsistent with the Electrical License Act, or any rule adopted or prescribed by the Construction Industries Board as authorized by the Electrical License Act. Each state licensed electrical contractor shall be required to register with any city or town in whose jurisdiction the licensee operates. Each such city or town is authorized to register such electrical contractor, to revoke the registration, to charge fees for the registration and for permits and inspections of electrical work. No electrical contractor shall be permitted to do business or work in any city or town where the local registration of the electrical contractor has been revoked.
Added by Laws 1982, c. 337, § 17. Amended by Laws 1994, c. 155, § 9, eff. July 1, 1994; Laws 2001, c. 394, § 49, eff. Jan. 1, 2002; Laws 2003, c. 318, § 13, eff. Nov. 1, 2003.
§59-1697. Oklahoma State Electrical Installation Code Variance and Appeals Board.
A. 1. There is hereby created the Oklahoma State Electrical Installation Code Variance and Appeals Board. The Variance and Appeals Board shall hear testimony and shall review sufficient technical data submitted by an applicant to substantiate the proposed installation of any material, assembly or manufacturer-engineered components, equipment or system that is not specifically prescribed by an appropriate installation code, an industry consensus standard or fabricated or installed according to recognized and generally accepted good engineering practices, where no ordinance or regulation of a governmental subdivision applies. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the Variance and Appeals Board shall approve such alternative, subject to the requirements of the appropriate installation code. Applications for the use of an alternative material or method of construction shall be submitted in writing to the Construction Industries Board for approval prior to use. Applications shall be accompanied by a filing fee, not to exceed Fifty Dollars ($50.00), as set by rule of the Construction Industries Board.
2. The Variance and Appeals Board shall also hear appeals from contractors licensed by the Construction Industries Board, and any party who has an ownership interest in or is in responsible charge of the design of or work on the installation, who contest the Construction Industries Board's interpretation of the state's model electrical installation code as applied to a particular installation. Such appeals shall be based on a claim that:
a. the true intent of the installation code has been incorrectly interpreted,
b. the provisions of the code do not fully apply, or
c. an equal or better form of installation is proposed.
Such appeals to the Variance and Appeals Board shall be made in writing to the Construction Industries Board within fourteen (14) days after a code interpretation or receipt of written notice of the alleged code violation by the licensed contractor.
B. The Variance and Appeals Board shall consist of the designated representative of the Construction Industries Board and the following members who, except for the State Fire Marshal or designee, shall be appointed by the Construction Industries Board from a list of names submitted by the professional organizations of the professions represented on the Variance and Appeals Board and who shall serve at the pleasure of the Construction Industries Board:
1. Two members shall be appointed from the Committee of Electrical Examiners; one shall be a contractor with five (5) years of experience and one shall be a journeyman with five (5) years of experience;
2. One member shall be a registered design professional who is a registered architect with at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work;
3. One member shall be a registered design professional with at least ten (10) years of structural engineering or architectural experience, five (5) of which shall have been in responsible charge of work;
4. One member shall be a registered design professional with mechanical or plumbing engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work;
5. One member shall be a registered design professional with electrical engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work; and
6. One member shall be the State Fire Marshal or a designee of the State Fire Marshal.
Any member serving on the Variance and Appeals Board on January 1, 2002, may continue to serve on the Variance and Appeals Board until a replacement is appointed by the Construction Industries Board.
C. Members, except the designee of the Construction Industries Board and the State Fire Marshal or the designated representative of the State Fire Marshal, and employees of the Construction Industries Board, shall be reimbursed for travel expenses pursuant to the State Travel Reimbursement Act from the revolving fund created pursuant to Section 1694 of this title.
D. The Variance and Appeals Board shall meet after the Construction Industries Board receives proper application for a variance, accompanied by the filing fee, or proper notice of an appeal, as provided in subsection A of this section.
E. The designated representative of the Construction Industries Board shall serve as chair of the Variance and Appeals Board. A majority of the members of the Variance and Appeals Board shall constitute a quorum for the transaction of the business.
Added by Laws 1994, c. 293, § 7, eff. July 1, 1994. Amended by Laws 2001, c. 394, § 50, eff. Jan. 1, 2002.
§591701. Minimum prices and fess Establishing.
No profession or occupation, other than the cleaning, dyeing and/or pressing business, regulated or licensed under the provisions of the Oklahoma Statutes shall set, impose, suggest or in any other manner provide for the charging of minimum prices or fees for any services or products provided for by any such profession or occupation.
Laws 1978, c. 237, § 2, emerg. eff. April 26, 1978.
§591721. Short title.
The provisions of Sections 1 through 19 of this act shall be known and may be cited as the "Licensed Dietitian Act".
Added by Laws 1984, c. 144, § 1, eff. Nov. 1, 1984.
§591722. Definitions.
As used in the Licensed Dietitian Act:
1. "Board" means the State Board of Medical Licensure and Supervision.
2. "Committee" means the Advisory Committee on Dietetic Registration of the State Board of Medical Examiners.
3. "Dietetics" means the professional discipline of applying and integrating scientific principles of nutrition pursuant to different health, social, cultural, physical, psychological, and economic conditions to the proper nourishment, care, and education of individuals or groups throughout the life cycle. The term includes the development, management, and provision of nutritional services.
4. "Licensed dietitian" means a person licensed pursuant to the provisions of the Licensed Dietitian Act.
5. "Provisional licensed dietitian" means a person who has a limited license pursuant to the provisions of the Licensed Dietitian Act.
6. "Degree" means a degree from an accredited college or university.
Added by Laws 1984, c. 144, § 2, eff. Nov. 1, 1984. Amended by Laws 1987, c. 118, § 48, operative July 1, 1987.
§591723. Advisory Committee on Dietetic Registration.
A. There is hereby created the Advisory Committee on Dietetic Registration of the State Board of Medical Licensure and Supervision. The Committee shall assist the Board in conducting examinations for applicants and shall advise the Board on all matters pertaining to the licensure of dietitians.
B. The Committee shall be composed of three members, who are licensed dietitians. A fourth member shall be an ex officio member of the Board designated from their membership. A fifth member shall be a health care consumer appointed by the Governor. Committee members shall serve staggered terms of three (3) years with two terms beginning September 1 of each oddnumbered year.
C. The Board shall appoint the Committee members from a list of five persons submitted by the Oklahoma Dietetic Association. All members shall be residents of this state.
D. The Board shall attempt to accomplish a continuing balance of representation among the primary areas of expertise of the professional discipline of dietetics in making the three appointments to the Committee. These areas of expertise are: clinical, educational, management, consultation, and community. On and after November 1, 1988, a licensee eligible for appointment as a Committee member shall have been a licensed dietitian for a least three (3) years prior to appointment to the Committee.
E. Appointments to the Committee shall be made without discrimination based on race, creed, sex, religion, national origin, or geographical distribution of the appointees.
F. A member or employee of the Committee may not be an officer, employee, or paid consultant of a trade association in the field of health care.
G. A person who is required to register as a lobbyist pursuant to the laws of this state in a healthrelated area shall not serve as a member of the Committee.
H. A majority of the members of the Committee constitutes a quorum.
I. Each member of the Committee shall receive Thirtyfive Dollars ($35.00) for every day actually spent in the performance of their duties and in addition thereto shall be reimbursed for their reasonable and necessary expenses as provided for in the State Travel Reimbursement Act.
Added by Laws 1984, c. 144, § 3, eff. Nov. 1, 1984. Amended by Laws 1987, c. 118, § 49, operative July 1, 1987.
§591724. Initial appointments to Committee.
A. In making the initial appointments to the Committee, the Board shall designate two members for terms expiring August 31, 1987, one member for a term expiring August 31, 1986.
B. In making the initial appointments to the Committee, the Board shall appoint three persons otherwise qualified pursuant to the provisions of the Licensed Dietitian Act who also have been for sixty (60) months immediately preceding their appointment and who presently are registered as registered dietitians by the Commission on Dietetic Registration.
Added by Laws 1984, c. 144, § 4, eff. Nov. 1, 1984.
§591725. Removal from Committee Grounds.
A. It shall be a ground for removal from the Committee if a member:
1. does not have at the time of appointment the qualifications required for appointment to the Committee;
2. does not maintain during service on the Committee the qualifications required for appointment to the Committee; or
3. violates any provision of the Licensed Dietitian Act.
B. If a ground for removal of a member from the Committee exists, the Committee's actions taken during the existence of the ground for removal are valid.
Added by Laws 1984, c. 144, § 5, eff. Nov. 1, 1984.
§591726. Committee Chairman Meetings.
A. Within thirty (30) days after the members of the Committee are appointed by the Board, the Committee shall meet to elect a chairman who shall hold office according to rules adopted by the Board.
B. The Committee shall hold at least two regular meetings each year. The rules may not be inconsistent with present rules of the Board relating to meetings of the Board.
Added by Laws 1984, c. 144, § 6, eff. Nov. 1, 1984.
§591727. Board Powers and duties.
A. The Board may adopt rules which may be necessary for the performance of its duties pursuant to the provisions of the Licensed Dietitian Act.
B. It shall be the duty of the Board, aided by the Committee, to pass upon the qualifications of applicants for licensure, to conduct all examinations and to determine which applicants successfully pass such examinations.
C. The Board shall:
1. adopt an official seal;
2. establish the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses;
3. revoke, suspend, or deny a license, probate a license suspension, or reprimand a licensee for a violation of the Licensed Dietitian Act, or the rules of the Board;
4. spend funds necessary for the proper administration of its assigned duties;
5. establish reasonable and necessary fees for the administration and implementation of the Licensed Dietitian Act;
6. maintain a record listing the name of every licensed dietitian in this state, his or her lastknown place of business and lastknown place of residence, and the date and number of his or her license. The Board shall compile a list of dietitians licensed to practice in this state and such list shall be available to any person upon application to the Board and the payment of such charge as may be fixed by the Board for such list;
7. comply with the Oklahoma Open Meeting Law.
D. The Board shall not adopt rules restricting competitive bidding or advertising by a person regulated by the Board except to prohibit false, misleading, or deceptive practices. The Board shall not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the Board a rule that:
1. restricts the person's use of any medium for advertising; or
2. restricts the person's personal appearance or use of his personal voice in an advertisement; or
3. relates to the size or duration of any advertisement by the person; or
4. restricts the person's advertisement under a trade name.
Added by Laws 1984, c. 144, § 7, eff. Nov. 1, 1984.
§591728. Personnel and facilities Executive secretary.
A. The basic personnel and necessary facilities that are required to administer the Licensed Dietitian Act shall be the personnel and facilities of the Board. The Board personnel shall act as the agents of the Board. If necessary for the administration or implementation of the Licensed Dietitian Act, the Board by agreement may secure and provide for compensation for services that the Board considers necessary and may employ and compensate within available appropriations professional consultants, technical assistants, and employees on a fulltime or parttime basis.
B. The chairman of the Board shall designate an employee to serve as executive secretary of the Committee. The executive secretary must be an employee of the Board. The executive secretary shall be the administrator of the dietitian licensing activities for the Board.
C. In addition to other duties prescribed by law and by the Board, the executive secretary shall:
1. keep full accurate minutes of the transactions and proceedings of the Committee;
2. be the custodian of the files and records of the Committee; 3. prepare and recommend to the Board plans and procedures necessary to implement the purposes and objectives of this act, including rules and proposals on administrative procedures consistent with this act;
4. exercise general supervision over persons employed by the Board in the administration of this act;
5. be responsible for the investigation of complaints and for the presentation of formal complaints;
6. attend all meetings of the Committee as a nonvoting participant;
7. handle the correspondence of the Committee and obtain, assemble, or prepare the reports and information that the Board may direct or authorize.
Added by Laws 1984, c. 144, § 8, eff. Nov. 1, 1984.
§591729. Fees.
After consultation with the Committee, the Board shall set the fees imposed by the provisions of the Licensed Dietitian Act in amounts that are adequate to collect sufficient revenue to meet the expenses necessary to perform their duties without accumulating an unnecessary surplus.
Added by Laws 1984, c. 144, § 9, eff. Nov. 1, 1984.
§591730. Application for license Fee Form Filing date Qualifications for licensing examination Notice of receipt.
A. An applicant for a dietitian license shall submit a sworn application, accompanied by the application fee.
B. The Committee shall prescribe the form of the application and may by rule establish dates by which applications and fees shall be received. These rules shall not be inconsistent with rules of the Board related to application dates of other licenses.
C. To qualify for the licensing examination the applicant shall:
1. possess a baccalaureate or post baccalaureate degree with a major course of study in human nutrition, food and nutrition, dietetics, or food systems management or an equivalent major course of study approved by the Committee; and
2. have completed an internship or preplanned professional experience program approved by the Committee.
D. Not later than the 45th day after the receipt of a properly submitted and timely application and not later than the 30th day before the next examination date, the Board shall notify an applicant in writing that his or her application and any other relevant evidence pertaining to applicant qualifications established by the Board by rule has been received and investigated. The notice shall state whether the application and other evidence submitted have qualified the applicant for examination. If the applicant has not qualified for examination, the notice shall state the reasons for the lack of qualifications.
Added by Laws 1984, c. 144, § 10, eff. Nov. 1, 1984.
§591731. Examinations.
A. To qualify for a license, an applicant shall pass a competency examination. Examinations shall be prepared or approved by the Board and administered to qualified applicants at least once each calendar year.
B. An examination prescribed by the Board may be or may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or by a national or state testing service in lieu of examination prepared by the Board.
C. If requested in writing by a person who fails the licensing examination, the Board shall furnish the person with an analysis of the person's performance on the examination.
D. If an applicant fails the examination three times, the applicant shall furnish evidence to the Board of completed course work taken for credit with a passing grade in the areas of weakness before the applicant may again apply for examination.
Added by Laws 1984, c. 144, § 11, eff. Nov. 1, 1984.
§591732. Issuance of license Duties of licensee Surrender of license.
A. A person who meets the licensing qualifications is entitled to receive a license certificate as a licensed dietitian.
B. The licensee shall:
1. display the license certificate in an appropriate and public manner; and
2. keep the Board informed of his or her current address.
C. A license certificate issued by the Board is the property of the Board and must be surrendered on demand.
Added by Laws 1984, c. 144, § 12, eff. Nov. 1, 1984.
§59-1733. Renewal of license.
A. Licenses shall be renewed annually by paying the required renewal fee to the State Board of Medical Licensure and Supervision on or before the renewal date specified by the Board. The Board shall promulgate rules setting forth fees for initial licensure and license renewal and may adopt a renewal system requiring all renewals to occur in a specified month of the year regardless of the date of initial licensure.
B. If a person's license has been expired for not more than ninety (90) days, the person may renew the license by paying to the Board the required renewal fee and a penalty fee that is onehalf (1/2) the renewal fee.
C. If a license has been expired for more than ninety (90) days but less than one (1) year, the person may renew the license by paying to the Board all unpaid renewal fees and a penalty fee that is equal to the renewal fee.
D. If a license has been expired one (1) year or more, the license may not be renewed. A new license may be obtained by submitting to reexamination and complying with the current requirements and procedures for obtaining a license.
Added by Laws 1984, c. 144, § 13, eff. Nov. 1, 1984. Amended by Laws 1999, c. 103, § 1, emerg. eff. April 19, 1999.
§591734. Provisional license.
A. A license to use the title of provisional licensed dietitian may be issued by the Board on the filing of an application, payment of an application fee, and the submission of evidence of the successful completion of the educational requirement pursuant to the provisions of Section 10 of the Licensed Dietitian Act. The initial application shall be signed by the supervising licensed dietitian.
B. A provisional licensed dietitian shall be subject to the personal and direct supervision of a licensed dietitian.
C. A person qualified for a provisional license is entitled to receive a license certificate as a provisional licensed dietitian. A provisional licensed dietitian shall comply with the provisions of subsections B and C of Section 12 of the Licensed Dietitian Act.
D. A provisional license is valid for one (1) year from the date it is issued and may be renewed annually not to exceed two (2) additional years by the same procedures established for renewal pursuant to the provisions of Section 13 of the Licensed Dietitian Act if the application for renewal is signed by the supervising licensed dietitian.
Laws 1965, c. 347, § 24, emerg. eff. June 28, 1965.
§591735. Waiver of examination requirement.
On receipt of an application and application fee, the Board may upon the recommendation of the Committee waive the examination requirement for an applicant who, at the time of application:
1. is registered by the Commission on Dietetic Registration as a registered dietitian; or
2. holds a valid license or certificate as a licensed or registered dietitian issued by another state with which this state has a reciprocity agreement.
Added by Laws 1984, c. 144, § 15, eff. Nov. 1, 1984.
§591736. Titles and abbreviations.
A. A person may not use the title or represent or imply that he or she has the title of licensed dietitian or provisional licensed dietitian or use the letters LD or PLD and may not use any facsimile of those titles in any manner to indicate or imply that the person is a licensed dietitian or provisional licensed dietitian, unless that person holds an appropriate license.
B. A person shall not use the title or represent or imply that he has the title of registered dietitian or the letters RD and shall not use any facsimile of the title in any manner to indicate or imply that the person is registered as a registered dietitian by the Commission on Dietetic Registration, unless the person is registered as a registered dietitian by the Commission on Dietetic Registration.
C. Any person convicted of knowingly or intentionally violating the provisions of subsection A or B of this section shall be guilty of a misdemeanor.
Added by Laws 1984, c. 144, § 16, eff. Nov. 1, 1984.
§591737. Complaints Information file Notice of status.
A. The Board shall keep an information file about each complaint filed with the Board related to a licensee.
B. If a written complaint is filed with the Board relating to a licensee, the Board, at least as frequently as quarterly, shall notify the parties to the complaint of the status of the complaint until final disposition of the complaint.
Added by Laws 1984, c. 144, § 17, eff. Nov. 1, 1984.
§591738. Probation, reprimand, suspension or revocation of license.
A. The Board shall revoke or suspend a license, probate a license suspension, or reprimand a licensee on proof of:
1. any violation of the provisions of the Licensed Dietitian Act; or
2. any violation of a rule adopted by the Committee.
B. If the Board proposes to suspend or revoke a person's license, the person is entitled to a hearing before the Board.
C. Proceedings for the suspension or revocation of a license are governed by rules and regulations of the Board.
Added by Laws 1984, c. 144, § 18, eff. Nov. 1, 1984.
§591739. Currently registered dietitions exempted from examination requirement.
For one (1) year beginning on November 1, 1984, the Board shall waive the examination requirement and grant a license to any person who is registered by the Commission on Dietetic Registration as a registered dietitian on November 1, 1984, or who becomes so registered before November 1, 1985.
Added by Laws 1984, c. 144, § 19, eff. Nov. 1, 1984.
§591750.1. Short title.
This act shall be known and may be cited as the "Oklahoma Security Guard and Private Investigator Act".
Added by Laws 1986, c. 224, § 1, operative July 1, 1987.
§59-1750.2. Definitions.
As used in the Oklahoma Security Guard and Private Investigator Act:
1. "Client" means any person or legal entity having a contract with a person or entity licensed pursuant to the Oklahoma Security Guard and Private Investigator Act, which contract authorizes services to be performed in return for financial or other considerations;
2. "Council" means the Council on Law Enforcement Education and Training;
3. "License" means authorization issued by the Council pursuant to the Oklahoma Security Guard and Private Investigator Act permitting the holder to perform the functions of a security guard, armed security guard, private investigator, investigative agency, or security agency;
4. "Private investigator" means a person who is self-employed, or contracts with, or is employed by an investigative agency for the purpose of conducting a private investigation and reporting the results to the employer or client of the employer relating to:
a. potential or pending litigation, civil, or criminal,
b. divorce or other domestic investigations,
c. missing persons or missing property, or
d. other lawful investigations, but shall not include:
(1) a person authorized or employed by the United States Government, any state government, or any agency, department, or political subdivision thereof while engaged in the performance of official duties,
(2) a person or employee of a firm, corporation or other legal entity engaged exclusively in a profession licensed by any board, commission, department or court of this state, or
(3) a bona fide, salaried, full-time employee of a firm, corporation or other legal entity not in the primary business of soliciting and providing private investigations, who conducts investigations that are exclusive to and incidental to the primary business of said firm, corporation or entity, and when the costs of such investigations are not charged directly back to the particular client or customer who directly benefits from the investigation;
5. "Armed private investigator" means a private investigator authorized to carry a firearm;
6. "Security agency" means a person, firm, corporation, or other private legal entity in the business of security guard services or armed security guards for hire;
7. "Security guard" means an individual contracting with or employed by a security agency, private business or person to prevent trespass, theft, misappropriation, wrongful concealment of merchandise, goods, money or other tangible items, or engaged as a bodyguard or as a private watchman to protect persons or property, but shall not include:
a. for individuals operating unarmed, any person employed as a private watchman or security guard by one employer only in connection with the affairs of such employer where there exists an employer-employee relationship,
b. a full-time certified peace officer of the United States, this state, or any political subdivision of either,
(1) while such peace officer is engaged in the performance of his or her official duties within the course and scope of his or her employment with the United States, this state, or any political subdivision of either,
(2) while such peace officer is engaged in the performance of his or her duties as a railroad police officer, or
(3) who receives compensation for private employment on an individual or an individual independent contractual basis as a patrolman, guard, or watchman if such person is employed in an employer-employee relationship or is employed on an individual contractual basis,
c. any person whose terms of employment as a security guard are governed by a collective bargaining agreement on May 9, 1989, and
d. any person who is employed as a full-time security guard by a financial institution on May 9, 1989;
8. "Armed security guard" means a security guard authorized to carry a firearm;
9. "Investigative agency" means a self-employed private investigator, a firm, a corporation, or other private legal entity in the business of soliciting the business of private investigation and/or providing private investigations and investigators;
10. "Special event" means a public activity in the form of an athletic contest, charity event, exposition or similar event that occurs only on an annual or noncontinuing basis; and
11. "Special event license" means a temporary license issued pursuant to the Oklahoma Security Guard and Private Investigator Act which restricts the license holder to employment as a security guard only for the duration of a particular event.
Added by Laws 1986, c. 224, § 2, operative July 1, 1987. Amended by Laws 1987, c. 193, § 1, eff. July 1, 1987; Laws 1988, c. 200, § 1, eff. July 1, 1988; Laws 1989, c. 225, § 1, emerg. eff. May 9, 1989; Laws 1998, c. 35, § 1, eff. Nov. 1, 1998; Laws 1999, c. 68, § 4, eff. Nov. 1, 1999; Laws 2005, c. 155, § 1, eff. Nov. 1, 2005.
§59-1750.2A. Noncompliance with act - Injunction and enforcement.
Any person violating or failing to comply with the provisions of the Oklahoma Security Guard and Private Investigator Act may be enjoined from such violations or required to comply with such provisions by any district court of competent jurisdiction. The Council on Law Enforcement Education and Training or the Attorney General may apply for an order enjoining such violation or enforcing compliance with this act. Upon the filing of a verified petition with the court, the court, if satisfied by the affidavit or otherwise that the person has violated this act, may issue a temporary injunction enjoining such continued violation. In case of violation of any order or decree issued by court, the offender may be held in contempt of court. Proceedings under this section shall be in addition to all other remedies and penalties provided by law.
Added by Laws 1999, c. 68, § 2, eff. Nov. 1, 1999.
§59-1750.3. Council on Law Enforcement Education and Training - Powers and Duties.
A. The director of the Council on Law Enforcement Education and Training, and any staff member designated by the director, shall have all the powers and authority of peace officers of this state for the purposes of enforcing the provisions of the Oklahoma Security Guard and Private Investigator Act, and all other duties which are or may be conferred upon the Council by the Oklahoma Security Guard and Private Investigator Act. The powers and duties conferred on the director or any staff member appointed by the director as a peace officer shall not limit the powers and duties of other peace officers of this state or any political subdivision thereof. The director, or any staff member appointed by the director as a peace officer shall, upon request, assist any federal, state, county, or municipal law enforcement agency.
B. The Council on Law Enforcement Education and Training shall have the following powers and duties:
1. To promulgate rules to carry out the purposes of the Oklahoma Security Guard and Private Investigator Act;
2. To establish and enforce standards governing the training of persons required to be licensed pursuant to the Oklahoma Security Guard and Private Investigator Act with respect to:
a. issuing, denying, or revoking certificates of approval to security training schools, and programs administered by the state, a county, a municipality, a private corporation, or an individual,
b. certifying instructors at approved security training schools,
c. establishing minimum requirements for security training schools and periodically reviewing these standards, and
d. providing for periodic inspection of all security training schools or programs;
3. To establish minimum curriculum requirements for training as the Council may require for security guards, armed security guards, and private investigators. Training requirements for unarmed security guards shall not exceed forty (40) hours of instruction;
4. To establish minimum requirements for a mandatory continuing education program for all licensed private investigators and security guards which shall include, but not be limited to:
a. establishing a designated minimum number of clock hours of required attendance, not to exceed eight (8) clock hours yearly, at accredited educational functions,
b. establishing the penalties to be imposed upon a licensee for failure to comply with the continuing education requirements,
c. establishing a nonpaid advisory board of licensed private investigators to assist the Council in establishing the criteria for determining the qualifications of proposed continuing education programs that would be submitted to the Council for accreditation to meet this requirement, and
d. providing that the expense of such continuing education shall be paid by the private investigators participating therein;
5. To grant a waiver of any training requirement, except firearms training which shall be required for an armed security guard license, if the applicant has completed not less than one (1) year of full-time employment as a security guard, armed security guard, private investigator, or law enforcement officer within a three-year period immediately preceding the date of application and the applicant provides sufficient documentation thereof as may be required by the Council;
6. To grant an applicant credit for fulfilling any prescribed course or courses of training, including firearms training, upon submission of acceptable documentation of comparable training. The Council may grant or refuse any such credit at its discretion;
7. To issue the licenses and identification cards provided for in the Oklahoma Security Guard and Private Investigator Act;
8. To investigate alleged violations of the Oklahoma Security Guard and Private Investigator Act or rules relating thereto and to deny, suspend, or revoke licenses and identification cards if necessary, or to issue notices of reprimand to licensees with or without probation under rules to be prescribed by the Council;
9. To investigate alleged violations of the Oklahoma Security Guard and Private Investigator Act by persons not licensed pursuant to such act and to impose administrative sanctions pursuant to rules or to seek an injunction pursuant to Section 1750.2A of this title;
10. To provide all forms for applications, identification cards, and licenses required by the Oklahoma Security Guard and Private Investigator Act;
11. To enter into reciprocal agreements with officials of other states;
12. To immediately suspend a license if a licensee's actions present a danger to the licensee or to the public; and
13. To require additional testing for continuation or reinstatement of a license if a licensee exhibits an inability to exercise reasonable judgment, skill, or safety.
Added by Laws 1986, c. 224, § 3, operative July 1, 1987. Amended by Laws 1987, c. 193, § 2, eff. July 1, 1987; Laws 1988, c. 200, § 2, eff. July 1, 1988; Laws 1992, c. 199, § 2, emerg. eff. May 13, 1992; Laws 1997, c. 226, § 1, eff. Nov. 1, 1997; Laws 1999, c. 68, § 3, eff. Nov. 1, 1999; Laws 2005, c. 155, § 2, eff. Nov. 1, 2005.
§59-1750.3A. Psychological evaluation of applicants for armed security guard license - Exemption.
A. Each applicant for an armed security guard license shall be administered any current standard form of the Minnesota Multiphasic Personality Inventory (MMPI), or other psychological evaluation instrument approved by the Council on Law Enforcement Education and Training, which shall be administered during the firearms training phase required by Section 1750.3 of this title. The security training school administering such instrument shall forward the response data to a psychologist licensed by the State Board of Examiners of Psychologists for evaluation. The licensed psychologist shall be of the applicant's choice. Applicants with comparable training shall complete the psychological test and evaluation requirements prior to licensing. It shall be the responsibility of the applicant to bear the cost of the psychological evaluation.
B. If the licensed psychologist is unable to certify the applicant's psychological capability to exercise appropriate judgment, restraint, and self-control, after evaluating the data, the psychologist shall employ whatever other psychological measuring instruments or techniques deemed necessary to form a professional opinion. The use of any psychological measuring instruments or techniques shall require a full and complete written explanation to the Council on Law Enforcement Education and Training.
C. The psychologist shall forward a written psychological evaluation, on a form prescribed by the Council, to the Council within fifteen (15) days of the evaluation, even if the applicant is found to be psychologically at risk. The Council may utilize the results of the psychological evaluation for up to six (6) months from the date of the evaluation after which the applicant shall be reexamined. No person who has been found psychologically at risk in the exercise of appropriate judgment, restraint, or self-control shall reapply for certification until one (1) year from the date of being found psychologically at risk.
D. 1. Active peace officers who have been certified by the Council on Law Enforcement Education and Training shall be exempt from the provisions of this section.
2. Retired peace officers who have been certified by the Council on Law Enforcement Education and Training shall be exempt from the provisions of this section for a period of one year from retirement.
3. Retired peace officers who are not exempt from this section and who have previously undergone treatment for a mental illness, condition, or disorder which required medication or supervision, as defined by paragraph 7 of Section 1290.10 of Title 21 of the Oklahoma Statutes may apply for an armed security guard license only after three (3) years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten (10) years or more.
Added by Laws 1987, c. 193, § 3, eff. July 1, 1987. Amended by Laws 1997, c. 226, § 2, eff. Nov. 1, 1997; Laws 2005, c. 155, § 3, eff. Nov. 1, 2005.
§591750.4. License required.
On and after January 1, 1988, no person may be employed or operate as a security guard, private investigator, security agency, or investigative agency until a license therefor has been issued by the Council on Law Enforcement Education and Training pursuant to the Oklahoma Security Guard and Private Investigator Act.
Added by Laws 1986, c. 224, § 4, operative July 1, 1987. Amended by Laws 1987, c. 193, § 4, eff. July 1, 1987; Laws 1988, S.J.R. No. 27, § 1, emerg. eff. Feb. 24, 1988.
§591750.4a. License required Armed Security Guard.
On and after July 1, 1988, no person may be employed or operate as an armed security guard until a license therefor has been issued by the Council on Law Enforcement Education and Training pursuant to the Oklahoma Security Guard and Private Investigator Act.
Added by Laws 1988, S.J.R. No. 27, § 2, emerg. eff. Feb. 24, 1988.
§59-1750.5. Licenses authorized - Combination license - Firearms - Identification cards - Conditional license - Qualifications for issuance - Agency license - Insurance coverage.
A. Licenses authorized to be issued by the Council on Law Enforcement Education and Training (CLEET) shall be as follows:
1. Security Agency License;
2. Investigative Agency License;
3. Private Investigator License (unarmed);
4. Security Guard License (unarmed);
5. Armed Security Guard License;
6. Special Event License (unarmed); and
7. Armed Private Investigator License.
B. Any qualified applicant meeting the requirements for more than one of the positions of private investigator, security guard, or armed security guard may be issued a separate license for each position for which qualified, or in the discretion of the Council, a combination license provided the required license fees are paid.
C. A private investigator may carry a firearm, if the private investigator also performs the functions of an armed security guard, under the authority of the armed security guard license. If the private investigator performs no functions of an armed security guard, the Council may add an endorsement to the license of the private investigator that states "Firearms Authorized", in lieu of the armed security guard license, if the private investigator completes the same training and testing requirements of the armed security guard. The Council will charge the same fee for the "Firearms Authorized" endorsement on the private investigators license as the cost of the armed security guard license. Any person issued a private investigator license with a firearms authorized endorsement may carry a concealed firearm when on and off duty, provided the person keeps the firearm concealed from view and is in possession of a valid driver license and a valid private investigator license with a firearms authorization endorsement.
D. Any identification card issued to a person meeting the license requirements for an armed security guard shall be distinct and shall explicitly state that the person is authorized to carry a firearm pursuant to the provisions of the Oklahoma Security Guard and Private Investigator Act. Upon receipt of the license and identification card, the armed security guard is authorized to carry a firearm in the performance of his or her duties subject to the provisions of the Oklahoma Security Guard and Private Investigator Act and the rules promulgated by the Council.
E. The Council may issue a conditional license to a person employed by a security or investigative agency as a trainee for a security guard, armed security guard, or private investigator position, when the person has submitted a properly completed application, made under oath, subject to the following conditions:
1. A conditional license shall authorize employees to perform the same functions that regular licensees perform, but subject to supervision by the employing agency as the Council may prescribe;
2. The holder of a conditional license shall complete the necessary training requirements within one hundred eighty (180) days from the effective date of the conditional license, after which the conditional license shall expire;
3. The holder of a conditional license as an armed security guard shall not carry a firearm in the performance of duties until after completing a course of firearms training as prescribed by the Council, and having been issued a regular license by the Council;
4. A conditional license may be renewed at the discretion of the Council, if necessary to allow an applicant to complete any training required for a regular license; and
5. When the Council finds that a conditional license holder has completed the required training and is otherwise qualified for a license pursuant to the provisions of the Oklahoma Security Guard and Private Investigator Act, the Council shall issue a regular license.
F. A Security Agency License may be issued to an individual, corporation, or other legal entity meeting the following qualifications:
1. If the license is to be issued in the name of a legal entity other than a natural person, the applicant must furnish proof that the entity is legally recognized, such as the issuance of a corporate charter; and
2. The executive officer, manager, or other person in charge of supervising security guards in the performance of their duties shall be a licensed security guard.
G. An Investigative Agency License may be issued to an individual, corporation, or other legal entity meeting the following qualifications:
1. If the license is to be issued in the name of a legal entity other than a natural person, the applicant must furnish proof that the entity is legally recognized, such as the issuance of a corporate charter;
2. Any person, otherwise qualified, may own a private investigation agency; and
3. A self-employed private investigator who employs no other investigators shall also be licensed as an investigative agency, but shall only be required to be insured or bonded as a self-employed private investigator.
H. A Security Guard License, Armed Security Guard License, Private Investigator License, Armed Private Investigator License, or combination thereof may be issued to an applicant meeting the following qualifications. The applicant shall:
1. Be a citizen of the United States or an alien legally residing in the United States;
2. Be at least eighteen (18) years of age, except that an applicant for an Armed Security Guard License shall be at least twenty-one (21) years of age;
3. Have successfully completed training requirements for the license applied for, as prescribed by the Council;
4. Be of good moral character;
5. Not have a record of a felony conviction;
6. Not have a record of conviction for larceny, theft, false pretense, fraud, embezzlement, false personation of an officer, any offense involving moral turpitude, any offense involving a minor as a victim, any nonconsensual sex offense, any offense involving the possession, use, distribution, or sale of a controlled dangerous substance, any offense involving a firearm, or any other offense as prescribed by the Council, as provided herein.
a. If any conviction which disqualifies an applicant occurred more than five (5) years prior to the application date and the Council is convinced the offense constituted an isolated incident and the applicant has been rehabilitated, the Council may, in its discretion, waive the conviction disqualification as provided for in this paragraph and issue an unarmed security guard license or a private investigator's license, but shall not issue an armed guard license, to the applicant if the applicant is otherwise qualified, unless the felony involved the use of a firearm or was violent in nature.
b. If an Oklahoma State Bureau of Investigation records check and a local records check reveal that there are no felony convictions, criminal convictions involving moral turpitude, or any other disqualifying convictions as specified in the Oklahoma Security Guard and Private Investigator Act or prescribed by the Council, then the Council may conditionally issue an armed security guard license pending completion of the criminal history and background check.
c. Under oath, the applicant shall certify that he or she has no disqualifying convictions as specified in the Oklahoma Security Guard and Private Investigator Act or by the Council.
d. The applicant shall further meet all other qualifications.
e. If upon completion of the required background investigation it is discovered that a disqualifying conviction exists, the Council shall immediately revoke the armed guard license of the applicant;
7. Make a statement that the applicant is not currently undergoing treatment for mental illness, condition, or disorder, make a statement whether the applicant has ever been adjudicated incompetent or committed to a mental institution, and make a statement regarding any history of illegal drug use or alcohol abuse. Upon presentation by the Council on Law Enforcement Education and Training of the name, gender, date of birth, and address of the applicant to the Department of Mental Health and Substance Abuse Services, the Department of Mental Health and Substance Abuse Services shall notify the Council within ten (10) days whether the computerized records of the Department indicate the applicant has ever been involuntarily committed to an Oklahoma state mental institution. For purposes of this subsection, "currently undergoing treatment for a mental illness, condition, or disorder" means the person has been diagnosed by a licensed physician or psychologist, as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life and such condition continues to exist; and
8. Make a statement regarding misdemeanor domestic violence charges.
I. A special event license may be issued to an employee of a security agency who is hired on a temporary basis as an unarmed security guard for a particular event. An application for a special event license shall be made by the agency employing the applicant. The agency shall certify to the Council that the applicant meets the qualifications for security guards, pursuant to subsection H of this section.
J. 1. All persons and agencies shall obtain and maintain liability coverage in accordance with the following minimum standards:
a. general liability insurance coverage for bodily injury, personal injury, and property damage, with endorsements for personal injury including false arrest, libel, slander, and invasion of privacy, or
b. a surety bond that allows persons to recover for actionable injuries, loss, or damage as a result of the willful, or wrongful acts or omissions of the principal and protects this state, its agents, officers and employees from judgments against the principal or insured licensee, and is further conditioned upon the faithful and honest conduct of the principal's business.
2. Liability coverages and bonds outlined in this section shall be in the minimum amounts of One Hundred Thousand Dollars ($100,000.00) for agencies, Ten Thousand Dollars ($10,000.00) for armed security guards and private investigators with the firearms authorization, or combination armed license; and Five Thousand Dollars ($5,000.00) for unarmed security guards and self-employed unarmed private investigators who employ no other investigators.
3. Security agencies and investigative agencies shall ensure that all employees of these agencies have met the minimum liability coverages as prescribed in this section.
4. Insurance policies and bonds issued pursuant to this section shall not be modified or canceled unless ten (10) days' prior written notice is given to the Council. All persons and agencies insured or bonded pursuant to this section shall be insured or bonded by an insurance carrier or a surety company licensed in the state in which the insurance or bond was purchased, or in this state.
5. In lieu of the requirements of this subsection, the Council may accept a written statement from a corporation which is registered with the Oklahoma Secretary of State attesting that the corporation self-insures the general operation of business for the types of liability set out in paragraphs 1 and 2 of this subsection.
K. Upon written notice, any license may be placed on inactive status.
L. Similar or duplicate agency names will not be issued. Each agency name must be distinguishably different.
Added by Laws 1986, c. 224, § 5, operative July 1, 1987. Amended by Laws 1987, c. 193, § 5, eff. July 1, 1987; Laws 1988, c. 200, § 3, eff. July 1, 1988; Laws 1989, c. 225, § 2, emerg. eff. May 9, 1989; Laws 1993, c. 63, § 1, eff. July 1, 1993; Laws 1995, c. 357, § 6, eff. Nov. 1, 1995; Laws 1997, c. 226, § 3, eff. Nov. 1, 1997; Laws 1998, c. 286, § 8, eff. July 1, 1998; Laws 1999, c. 415, § 8, eff. July 1, 1999; Laws 2000, c. 6, § 13, emerg. eff. March 20, 2000; Laws 2001, c. 312, § 1, eff. Nov. 1, 2001; Laws 2005, c. 155, § 4, eff. Nov. 1, 2005.
NOTE: Laws 1999, c. 68, § 1 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.
§59-1750.6. Application for license, renewal of license and reinstatement of license - Forms - Information required - Criminal history data - Fees - Term of license - Special event licenses - System for issuance - Duplicate licenses.
A. 1. Application for a license shall be made on forms provided by the Council on Law Enforcement Education and Training and shall be submitted in writing by the applicant under oath. The application shall require the applicant to furnish information reasonably required by the Council to implement the provisions of the Oklahoma Security Guard and Private Investigator Act, including classifiable fingerprints to enable the search of criminal indices for evidence of a prior criminal record, including, but not limited to, a national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
2. Upon request of the Council, the Oklahoma State Bureau of Investigation and other state and local law enforcement agencies shall furnish a copy of any existent criminal history data relating to an applicant, including investigation reports which are otherwise required by law to be deemed confidential, to enable the Council to determine the qualifications and fitness of such applicant for a license.
B. 1. a. The original application and any license renewal shall be accompanied by a nonrefundable fee of Twenty-five Dollars ($25.00) for each original application and renewal of a private investigator or an unarmed security guard, Fifty Dollars ($50.00) for each original application and renewal of an armed security guard, Seven Dollars ($7.00) for each special event license, and Two Hundred Dollars ($200.00) for either the original application or each renewal for a security agency or investigative agency.
b. In addition to the fees provided in this subsection, the original application of an unarmed private investigator, unarmed security guard or armed security guard shall be accompanied by a nonrefundable fee for a national criminal history record with fingerprint analysis, as provided in Section 150.9 of Title 74 of the Oklahoma Statutes.
2. A licensee whose license has been suspended may apply for reinstatement of license after the term of the suspension has passed. Any application for reinstatement following a suspension of licensure shall be accompanied by a nonrefundable fee of Twenty-five Dollars ($25.00) for the reinstatement of a private investigator or unarmed security guard, Fifty Dollars ($50.00) for the reinstatement of an armed security guard, and Two Hundred Dollars ($200.00) for reinstatement of a security or investigative agency.
3. A licensee who fails to file a renewal application on or before the expiration of a license shall pay a late fee of Twenty-five Dollars ($25.00) for an individual license and a late fee of One Hundred Dollars ($100.00) for an agency license.
4. Except as otherwise provided in this subsection, the fees, penalties, and fines shall be deposited in the General Revenue Fund. The prevailing fingerprint processing fee for the original application for a private investigator, an unarmed security guard, or an armed security guard shall be deposited in the OSBI Revolving Fund.
C. A Security Guard License, Armed Security Guard License, or Private Investigator License shall be valid for a period of two (2) years and may be renewed for additional two-year terms. A Security Agency License or Investigative Agency License shall be valid for a period of five (5) years and may be renewed for additional five-year terms. A special event license shall be valid only for the duration of the event for which it is expressly issued. Any individual may be issued up to two special event licenses during any calendar year.
D. The Council shall devise a system for issuance of licenses for the purpose of evenly distributing the expiration dates of the licenses.
E. Pursuant to its rules, the Council may issue a duplicate license to a person licensed pursuant to the provisions of the Oklahoma Security Guard and Private Investigator Act. The Council may assess a fee of Four Dollars ($4.00) for the issuance of a duplicate license. The fee must accompany the request for a duplicate license.
Added by Laws 1986, c. 224, § 6, operative July 1, 1987. Amended by Laws 1987, c. 193, § 6, eff. July 1, 1987; Laws 1988, c. 200, § 4, eff. July 1, 1988; Laws 1989, c. 225, § 3, emerg. eff. May 9, 1989; Laws 1993, c. 63, § 2, eff. July 1, 1993; Laws 1997, c. 226, § 4, eff. Nov. 1, 1997; Laws 2003, c. 204, § 7, eff. Nov. 1, 2003; Laws 2004, c. 151, § 1, eff. Nov. 1, 2004.
§591750.7. Denial, suspension or revocation of license and/or disciplinary penalty or fine.
A. A Security Guard License, Armed Security Guard License, Private Investigator License, and any conditional license shall be subject to denial, suspension, or revocation and/or disciplinary penalty or fine by the Council on Law Enforcement Education and Training subject to the Administrative Procedures Act for, but not limited to, the following reasons by clear and convincing evidence:
1. Any erroneous or false statement in an application for a license submitted pursuant to Section 1750.1 et seq. of this title;
2. Failure to successfully complete any prescribed course of training as required by the Council;
3. Violation of a provision of the Oklahoma Security Guard and Private Investigator Act or a rule promulgated pursuant to the act;
4. A conviction for larceny, theft, embezzlement, false pretense, fraud, an offense involving moral turpitude, any nonconsensual sex offense, any offense involving a minor as a victim, any offense involving the possession, use, distribution or sale of a controlled dangerous substance, any offense involving a firearm, or any felony;
5. Use of beverages containing alcohol while armed with a firearm;
6. Knowingly impersonating a law enforcement officer; or
7. Failure to obtain or maintain liability insurance coverage or a surety bond pursuant to subsection J of Section 1750.5 of this title.
B. A Security Agency License or Investigative Agency License shall be subject to denial, suspension, or revocation and/or disciplinary penalty or fine by the Council subject to the Administrative Procedures Act for, but not limited to, the following reasons by clear and convincing evidence:
1. A false statement in a license application;
2. Violation of any provision of the Oklahoma Security Guard and Private Investigator Act or a rule adopted pursuant thereto;
3. Employing, authorizing, or permitting an unlicensed, uninsured or unbonded person to perform a security guard, armed security guard or private investigator function; or
4. Permitting a person to perform a security guard, armed security guard or private investigator function, knowing the person has committed any offense enumerated in subsection A of this section.
C. Upon the effective date of suspension or revocation of any license, the licensee shall have the duty to surrender the license and any identification card issued pursuant thereto to the Council.
Added by Laws 1986, c. 224, § 7, operative July 1, 1987. Amended by Laws 1987, c. 193, § 7, eff. July 1, 1987; Laws 1988, c. 200, § 5, eff. July 1, 1988; Laws 1993, c. 63, § 3, eff. July 1, 1993; Laws 1997, c. 226, § 5, eff. Nov. 1, 1997.
§591750.8. Prohibited acts Penalties Disclosure of application information.
A. No person who is exempt from the provisions of Section 1750.1 et seq. of this title shall display any badge or identification card bearing the words "private investigator" or "private detective", or use any words or phrases that imply that such person is a private investigator or private detective.
B. No person licensed as a private investigator shall:
1. Divulge any information gained by him in his employment except as his employer may direct or as he may be required by law to divulge; or
2. Willfully make a false report to his employer or to a client.
Any violation of this subsection, upon conviction, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
C. The Council on Law Enforcement Education and Training or its employees shall not disclose application information pertaining to persons licensed pursuant to this act, except:
1. To verify the current license status of any applicant or licensee to the public;
2. To perform duties pursuant to this act;
3. To a bona fide law enforcement agency;
4. To a licensing authority in another jurisdiction; or
5. As required by court order.
Added by Laws 1986, c. 224, § 8, operative July 1, 1987. Amended by Laws 1987, c. 193, § 8, eff. July 1, 1987; Laws 1988, c. 200, § 6, eff. July 1, 1988.
§591750.9. Carrying driver license and identification card - Display of license Misrepresentation as state or federal agent - Discharge of firearm.
A. Each security guard, armed security guard, or private investigator licensed pursuant to this act shall carry a valid driver license or state-issued photo identification card and an identification card issued by the Council on Law Enforcement Education and Training at all times while on duty as a security guard, armed security guard or private investigator, and each security agency and investigative agency shall display in its primary office in this state a valid license therefor issued by the Council.
B. No licensee or officer, director, partner, or employee of a licensee, may wear a uniform, or use a title, an insignia, badge, or an identification card, or make any statements that would lead a person to believe that he is connected in any way with the federal government, a state government, or any political subdivision of a state government, unless he is authorized by proper authorities to do so.
C. Each discharge of a firearm in the performance of his employment by any licensee authorized by this act to carry a firearm, other than for training purposes, shall be reported immediately to the Council by said licensee.
Added by Laws 1986, c. 224, § 9, operative July 1, 1987. Amended by Laws 1987, c. 193, § 9, eff. July 1, 1987; Laws 2001, c. 312, § 2, eff. Nov. 1, 2001.
§59-1750.10. Display or use of certain words on badges, vehicles and uniforms prohibited.
A. The words "police", "deputy", or "patrolman" shall not be displayed upon any security guard badge, or uniform, or security vehicle. The words "Security", "Security Officer", or "Security Guard" in conjunction with the agencies' name shall be displayed on any badge or uniform in bold letters.
B. Vehicles used by security guards, armed security guards, or security agencies shall display the words "Security", or "Guard", if marked, or both, and the agencies' name in conspicuous letters. No such vehicle shall be equipped with a siren, a lamp with a red or blue lens, nor an overhead light or lights with red or blue lens.
Added by Laws 1986, c. 224, § 10, operative July 1, 1986. Amended by Laws 1996, c. 22, § 5, eff. July 1, 1996; Laws 1997, c. 226, § 6, eff. Nov. 1, 1997.
§591750.10A. Firearm training.
The firearm training for armed security guards may include the reduction targets for weapons fired at fifty (50) feet to simulate weapons fired at seventyfive (75) feet in indoor ranges. All indoor ranges for this training shall have a minimum of three firing lanes and be approved by the Council on Law Enforcement Education and Training.
Added by Laws 1988, c. 53, § 1, operative April 1, 1988.
§59-1750.10B. Private security training schools - Certificate of approval - Application - Renewal - Fee.
Beginning July 1, 1990, private schools desiring to conduct any or all phases of private security training shall submit an application for a certificate of approval to the Council on Law Enforcement Education and Training. The application shall be accompanied by a nonrefundable fee of Three Hundred Dollars ($300.00). The certificate shall be renewed annually by July 1. The renewal fee shall be Three Hundred Dollars ($300.00).
Added by Laws 1990, c. 258, § 25, operative July 1, 1990.
§59-1750.11. Violations - Penalty.
A. Unless otherwise prescribed by law, any person convicted of violating any provision of the Oklahoma Security Guard and Private Investigator Act or a rule or regulation promulgated pursuant to the Oklahoma Security Guard and Private Investigator Act shall be guilty of a misdemeanor punishable by imprisonment for not more than sixty (60) days, or by a fine of not more than Two Thousand Dollars ($2,000.00), or by both such imprisonment and fine.
B. Any person who willfully makes a false statement, knowing such statement is false, in any application to the Council on Law Enforcement Education and Training for a license pursuant to the Oklahoma Security Guard and Private Investigator Act, or who otherwise commits a fraud in connection with such application, shall be guilty of a felony punishable by a term of imprisonment for not less than two (2) years nor more than five (5) years, or by a fine of not more than Two Thousand Dollars ($2,000.00), or by both such imprisonment and fine.
Added by Laws 1986, c. 224, § 11, operative July 1, 1987. Amended by Laws 1987, c. 193, § 10, eff. July 1, 1987; Laws 1997, c. 133, § 514, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 375, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 514 from July 1, 1998, to July 1, 1999.
§59-1750.13. Repealed by Laws 1997, c. 226, § 7, eff. Nov. 1, 1997.
§59-1750.14. Nonresidents apprehending persons who have forfeited bail to be accompanied by peace officer or bail bondsman.
A. Except as provided in subsection C of this section, any person who is not a resident of this state who apprehends in this state, or attempts to apprehend a defendant, who has failed to appear before any court of this state or another state or any federal court as required by law and has forfeited bail, shall be required to be accompanied at the time of the apprehension by a peace officer or a person licensed in this state as a bail bondsman.
B. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
C. The provisions of this section shall not apply to law enforcement officers of any jurisdiction.
Added by Laws 1993, c. 43, § 1, eff. Sept. 1, 1993.
§591800.1. Short title.
Sections 1 through 16 of this act shall be known and may be cited as the "Alarm Industry Act".
Added by Laws 1985, c. 217, § 1, eff. Nov. 1, 1985.
§59-1800.2. Definitions.
As used in the Alarm Industry Act:
1. "Alarm industry" means the sale, except as provided in Section 1800.3 of this title, installation, alteration, repair, replacement, service, inspection, or maintenance of alarm systems or service involving receipt of alarm signals for the purpose of employee response and investigation of such signals or any combination of the foregoing activities except inspections on one- and two-family dwellings are exempt;
2. "Alarm system" means one or more devices designed either to detect and signal an unauthorized intrusion or entry or to signal a fire or other emergency condition, which signals are responded to by public law enforcement officers, fire department personnel, private guards or security officers;
3. "Board" means the State Board of Health;
4. "Committee" means the Alarm Industry Committee;
5. "Commissioner" means the State Commissioner of Health;
6. "Licensee" means any person licensed pursuant to the Alarm Industry Act; and
7. "Person" means an individual, sole proprietorship, firm, partnership, association, limited liability company, corporation, or other similar entity.
Added by Laws 1985, c. 217, § 2, eff. Nov. 1, 1985. Amended by Laws 1993, c. 295, § 1, eff. Sept. 1, 1993; Laws 1998, c. 174, § 1, emerg. eff. April 28, 1998; Laws 2001, c. 394, § 51, eff. Jan. 1, 2002.
§591800.3. Exemptions.
The Alarm Industry Act shall not apply to:
1. An officer or employee of this state, the United States or a political subdivision of either, while the employee or officer is engaged in the performance of his official duties;
2. An individual who owns and installs alarm devices on his own property or, if he does not charge for the device or its installation, installs it for the protection of his personal property located on another's property, and does not install the alarm devices as a normal business practice on the property of another;
3. The sale of alarm systems designed or intended for customer or user installation; or
4. The sale, installation, service, or repair of alarm systems by individuals licensed pursuant to the Electrical Licensing Act.
Added by Laws 1985, c. 217, § 3, eff. Nov. 1, 1985. Amended by Laws 1992, c. 199, § 1, emerg. eff. May 13, 1992.
§591800.3a. Installation or repair of certain electrical circuits Exemption from Electrical Licensing Act.
Any person engaged in any activity regulated by the Alarm Industry Act, when installing or repairing electrical circuits of twentyfour (24) volts or less shall not be required to obtain any license as required by the Electrical Licensing Act, if such person is licensed pursuant to the provisions of the Alarm Industry Act.
§591800.4. Alarm Industry Committee.
A. There is hereby created the "Alarm Industry Committee", which shall consist of five (5) members. One member shall be the Commissioner of Health or his designated representative and four members shall be appointed by the State Board of Health within thirty (30) days after the effective date of this act. Three of the appointed members shall have at least five (5) years of experience in the alarm industry or in a closely related field with broad knowledge of the alarm industry. One of the appointed members shall be a lay member. No member shall be employed by the same person as any other member of the Committee.
B. The term of office of each appointed member shall be for four (4) years. Provided, the terms of the first appointed members of the Committee shall be as follows:
1. One member shall be appointed to a term ending May 31, 1987;
2. One member shall be appointed to a term ending May 31, 1988;
3. One member shall be appointed to a term ending May 31, 1989; and
4. One member shall be appointed to a term ending May 31, 1990.
Provided further, each appointed member shall hold office until his successor is appointed and has qualified under the Alarm Industry Act.
C. Members of the Committee may be removed from office by the Board for cause.
D. Vacancies shall be filled by appointment by the Board for the unexpired term of the vacancy.
E. The members of the Committee shall serve without pay but may be reimbursed for actual expenses pursuant to the State Travel Reimbursement Act.
F. The Committee shall elect from among its membership a chairman, vicechairman and secretary to serve terms of not more than two (2) years ending on May 31 of the year designated by the Committee. The chairman or vicechairman shall preside at all meetings. The chairman, vicechairman and secretary shall perform such duties as may be decided by the Committee in order to effectively administer the Alarm Industry Act.
G. A majority of Committee members shall constitute a quorum to transact official business.
H. The Committee shall meet within thirty (30) days after the effective date of this act and shall meet thereafter at such times as the Committee deems necessary to implement the Alarm Industry Act.
I. The Committee shall assist and advise the Commissioner of Health on all matters relating to the formulation of rules, regulations and standards in accordance with the Alarm Industry Act.
Added by Laws 1985, c. 217, § 4, eff. Nov. 1, 1985.
§591800.5. Powers and duties of Committee.
The Alarm Industry Committee shall have the following duties and powers:
1. To assist the Commissioner of Health in licensing and otherwise regulating persons engaged in an alarm industry business;
2. To determine qualifications of applicants pursuant to the Alarm Industry Act;
3. To prescribe and adopt forms for license applications and initiate mailing of such application forms to all persons requesting such applications;
4. To assist the Commissioner in the denial, suspension or revocation of licenses as provided by the Alarm Industry Act;
5. To charge and collect such fees as are prescribed by the Alarm Industry Act;
6. To assist the State Board of Health in establishing and enforcing standards governing the materials, services and conduct of the licensees and their employees in regard to the alarm industry;
7. To assist the Board in promulgating rules necessary to carry out the administration of the Alarm Industry Act;
8. To investigate alleged violations of the provisions of the Alarm Industry Act and of any rules and regulations promulgated by the Board thereunder;
9. To assist the Oklahoma State Board of Health in establishing categories of licenses for the Alarm Industry Act and application requirements for each category including but not limited to individual license, experience requirements, fingerprints, photographs, examinations, and fees;
10. To assist the Commissioner in providing for grievance and appeal procedures pursuant to the Oklahoma Administrative Procedures Act for any person whose license is denied, revoked or suspended; and
11. To have such other powers and duties as are necessary to implement the Alarm Industry Act.
Added by Laws 1985, c. 217, § 5, eff. Nov. 1, 1985. Amended by Laws 1989, c. 304, § 4, eff. Nov. 1, 1989; Laws 1993, c. 295, § 2, eff. Sept. 1, 1993.
§591800.6. License required Time for application Extension of time.
No person shall engage in an alarm industry business in this state without first having obtained a license pursuant to the provisions of the Alarm Industry Act. Provided, every person engaged in an alarm industry business in this state on the effective date of the Alarm Industry Act shall have ninety (90) days in which to apply to the Commissioner of Health for a license. A person applying for a license within this ninetyday period may continue business pending a final determination by the Commissioner of his application. Additional time beyond the ninetyday period may be granted by the Commissioner.
Added by Laws 1985, c. 217, § 6, eff. Nov. 1, 1985.
§591800.7. Qualifications of applicants Information concerning felonies or crimes involving moral turpitude Photographs Fingerprints.
A. Any person applying for a license to engage in an alarm industry business pursuant to the Alarm Industry Act shall provide evidence to the Committee that the individual within this state having direct supervision over the function and local operations of such alarm industry business or a branch thereof has the following qualifications:
1. Is at least twentyone (21) years of age;
2. Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease, and has not been restored to competency;
3. Is not a habitual user of intoxicating liquors or habitforming drugs;
4. Has not been discharged from the Armed Services of the United States under other than honorable conditions;
5. Is of good moral character; and
6. Meets such other standards as may be established by the Board relating to experience or knowledge of the alarm industry.
B. The applicant shall advise the Committee and furnish full information on each individual described in subsection A of this section of any conviction of a felony or any crime involving moral turpitude for which a full pardon has not been granted and furnish a recent photograph of a type prescribed by the Board and two classifiable sets of fingerprints of such individual.
Added by Laws 1985, c. 217, § 7, eff. Nov. 1, 1985.
§59-1800.8. Information required of applicant - License fee.
A. An application for a company license shall include:
1. The address of the principal office of the applicant and the address of each branch office of the applicant located within this state;
2. The name per business location under which the applicant intends to do business as a licensee;
3. A statement as to the extent and scope of the applicant's alarm industry business and all other businesses in which the applicant is engaged in this state;
4. A recent photograph of a type prescribed by the Board of the applicant, if the applicant is a sole proprietor, or of each officer and of each partner or shareholder who owns a twenty-five percent (25%) or greater interest in the applicant, if the applicant is an entity;
5. Two classifiable sets of fingerprints of the applicant, if the applicant is a sole proprietor, or of each officer and of each partner or shareholder who owns a twenty-five percent (25%) or greater interest in the applicant, if the applicant is an entity; and
6. Such other information, statements or documents as may be required by the Board.
B. An applicant for an individual license shall provide such documents, statements or other information as may be required by the State Board of Health, including two classifiable sets of fingerprints of the applicant. The fingerprints may be used for a national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
C. Fees for license and renewal issued pursuant to the Alarm Industry Act shall be adopted by the Board pursuant to Section 1-106.1 of Title 63 of the Oklahoma Statutes. Provided, the fees provided for in this subsection shall not exceed Two Hundred Fifty Dollars ($250.00). An applicant shall pay the license fee at the time he makes application.
Added by Laws 1985, c. 217, § 8, eff. Nov. 1, 1985. Amended by Laws 1993, c. 295, § 3, eff. Sept. 1, 1993; Laws 2003, c. 204, § 8, eff. Nov. 1, 2003.
§591800.9. Issuance of license Term Renewal and disciplinary proceedings Expiration dates.
A. Upon making proper application, payment of the proper license fee, and certification of approval by the Committee, the Commissioner of Health shall issue a license to the applicant. The license shall be valid for a oneyear term.
B. Renewal of a license shall not prohibit disciplinary proceedings for an act committed prior to the renewal.
C. The State Board of Health may adopt a system under which licenses expire on various dates throughout the year. For any change in such expiration dates, license fees shall be prorated on an appropriate periodic basis.
Added by Laws 1985, c. 217, § 9, eff. Nov. 1, 1985.
§591800.10. Alteration or assignment of license Posting Change of information False representation as licensee Records.
A. A license shall not be altered or assigned.
B. A company license shall be posted in a conspicuous place in each alarm industry business location of the licensee.
C. A company licensee shall notify the Committee within fourteen (14) days of any change of information furnished on his application for license or on his license including, but not limited to, change of ownership, address, business activities, or any developments related to the qualifications of the licensee or the individual described in Section 1800.7 of this title. If the licensee for any reason ceases to engage in an alarm industry business in this state, the licensee shall notify the Committee within fourteen (14) days of such cessation. If the required notice of cessation is not given to the Committee within fourteen (14) days, the license may be suspended or revoked by the Commissioner on recommendation of the Committee.
D. No person shall represent falsely that he is licensed or employed by a licensee.
E. Each company licensee shall maintain a record containing such information relative to his employees as may be required by the Board.
Added by Laws 1985, c. 217, § 10, eff. Nov. 1, 1985. Amended by Laws 1993, c. 295, § 4, eff. Sept. 1, 1993.
§591800.11. Responsibility for business activities and actions of licensee and employees.
The licensee shall be responsible to the Committee in matters of conduct of business activities covered by the Alarm Industry Act. The licensee shall be responsible for the activities on the part of the licensee's employees. For purposes of the Alarm Industry Act, improper conduct on the part of said employees which occurs within the scope of employment shall be considered by the Committee as acts of the licensee.
Added by Laws 1985, c. 217, § 11, eff. Nov. 1, 1985.
§591800.12. Municipalities or counties may levy charges for alarm installation connections Disconnection of faulty systems Ordinances prohibited.
A. Any municipality or county may levy and collect reasonable charges for alarm installation connections located in or at a police or fire department which is owned, operated or monitored by the municipality or county. Any municipality or county may require discontinuance of service of any alarm signal device which, due to mechanical malfunction or faulty equipment, causes excessive false alarms and, in the opinion of the appropriate county or municipal official, becomes a detriment to the functions of the department involved. The municipality or county may cause the disconnection of the device until the same is repaired to the satisfaction of the appropriate official, but shall advise the owner or user of the device of the disconnection in advance or as soon as reasonably practicable. The municipality or county may levy and collect reasonable reconnection fees. Mechanical malfunction and faulty equipment shall not include, for the purpose of the Alarm Industry Act, false alarms caused by human error or an act of God.
B. No municipality may adopt any ordinance concerning the licensing of any alarm industry business which is or may be licensed pursuant to the Alarm Industry Act.
Added by Laws 1985, c. 217, § 12, eff. Nov. 1, 1985.
§591800.13. Suspension or revocation of license.
A. The Commissioner of Health on recommendation of the Committee may suspend any license, upon the conviction of any individual named on the license or on the application for license of a felony, for a period not to exceed thirty (30) days pending a full investigation by the Committee. Such investigation shall be initiated within the thirtyday period of the suspension. A final determination by the Committee shall result in either removal of the suspension or such sanction as the Commissioner considers appropriate, as provided by the Alarm Industry Act.
B. The Commissioner may revoke or suspend any license, reprimand any licensee or deny any application for license or renewal if, in the judgment of the Committee:
1. The applicant or licensee has violated any provision of the Alarm Industry Act or any rule or regulation promulgated hereunder;
2. The applicant or licensee has committed any offense resulting in his conviction of a felony or crime involving moral turpitude. Provided, however, if the applicant has had no felony convictions at least five (5) years prior to making application for a license and said applicant has shown the Committee that he has been rehabilitated, the Committee may recommend said applicant for a license;
3. The applicant or licensee has practiced fraud, deceit, or misrepresentation; 4. The applicant or licensee has made a material misstatement in any information required by the State Board of Health; or
5. The applicant or licensee has demonstrated incompetence or untrustworthiness in his actions.
C. The Committee shall, before final action under subsection B of this section, provide thirty (30) days of written notice to the applicant or licensee involved, of the action intended and give sufficient opportunity for such person to request a hearing before the Committee and the Commissioner and to be represented by an attorney. A hearing shall be scheduled by the Committee if so requested.
D. In the event the Commissioner denies the application for, or revokes or suspends, any license or imposes any reprimand, a record of such action shall be in writing and officially signed by the Commissioner. The original copy shall be filed with the Board and a copy mailed to the affected applicant or licensee within two (2) days of the final action taken by the Commissioner.
E. Notice of the suspension or revocation of any license by the Commissioner shall be sent by the Committee to law enforcement agencies and fire departments in the principal areas of operation of the licensee.
F. A suspended license shall be subject to expiration and may be renewed as provided by the Alarm Industry Act, regardless of suspension. Provided, such renewal shall not remove the suspension. G. A revoked license terminates on the date of revocation and cannot be reinstated. Provided, the Commissioner may reverse the revocation action. Any licensee whose license is revoked shall apply for a new license and meet all requirements for a license as stated in the Alarm Industry Act prior to engaging in any alarm industry business activities. The Committee and the Commissioner shall take action on the new application and may require additional safeguards against such acts by the applicant as may have been the cause of the revocation of the prior license.
Added by Laws 1985, c. 217, § 13, eff. Nov. 1, 1985.
§591800.14. Alarm Industry Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Alarm Industry Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department pursuant to the Alarm Industry Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of implementing the Alarm Industry Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1985, c. 217, § 14, eff. Nov. 1, 1985.
§591800.15. Costs of administration of act Claims for payment.
All costs of administration of the Alarm Industry Act shall be paid from fees, monies and other revenue collected pursuant to the provisions of the Alarm Industry Act. At no time shall a claim for payment be submitted to the Director of State Finance if the revenue deposited in the Alarm Industry Revolving Fund to the current date does not equal or exceed the total claims for payments made to that date.
Added by Laws 1985, c. 217, § 15, eff. Nov. 1, 1985.
§59-1800.16. Violations - Penalties.
A. Any individual or person who is found to be in violation of the provisions of the Alarm Industry Act, upon conviction, shall be guilty of a misdemeanor and shall be punished by confinement in the county jail for a period not to exceed one (1) year or by the imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
B. 1. In addition to any other penalties provided by law, if after a hearing in accordance with Article II of the Administrative Procedures Act, the State Commissioner of Health finds any person to be in violation of any of the provisions of the Alarm Industry Act or the rules promulgated pursuant thereto, the person may be subject to an administrative fine of not more than Two Hundred Dollars ($200.00) for each violation. Each day a person is in violation may constitute a separate violation. The maximum fine shall not exceed One Thousand Dollars ($1,000.00).
2. All administrative fines collected pursuant to the provisions of this subsection shall be deposited in the Alarm Industry Revolving Fund.
Added by Laws 1985, c. 217, § 16, eff. Nov. 1, 1985. Amended by Laws 1996, c. 330, § 1, eff. Nov. 1, 1996.
§59-1800.17. Rules.
The State Board of Health is hereby authorized to promulgate, adopt, amend, and repeal rules consistent with the provisions of the Alarm Industry Act for the purpose of governing the establishment and levying of administrative fines and the examination and licensure of alarm companies, managers, technicians, and salespersons.
Added by Laws 1996, c. 330, § 2, eff. Nov. 1, 1996.
§59-1850.1. Mechanical Licensing Act.
Sections 1850.1 through 1860 of this title shall be known and may be cited as the "Mechanical Licensing Act".
Added by Laws 1987, c. 93, § 1, eff. Nov. 1, 1987. Amended by Laws 2001, c. 394, § 52, eff. Jan. 1, 2002.
§59-1850.2. Definitions.
As used in the Mechanical Licensing Act:
1. "Air conditioning system" means the process of treating air by controlling its temperature, humidity, and cleanliness, to meet the requirements of a designated area;
2. "Committee" means the Committee of Mechanical Examiners;
3. "Board" means the Construction Industries Board;
4. "Gas piping" means and includes all natural gas piping within or adjacent to any building, structure, or conveyance, on the premises and to the connection with a natural gas meter, regulator, or other source of supply;
5. "Heating systems" means and includes systems consisting of air heating appliances from which the heated air is distributed and shall include any accessory apparatus and equipment installed in connection therewith;
6. "Mechanical contractor" or "contractor" means any person engaged in the business of planning, contracting, supervising or furnishing labor or labor and materials for mechanical work;
7. "Mechanical journeyman" or "journeyman" means any person other than a contractor or apprentice who engages in mechanical work;
8. "Mechanical apprentice" or "apprentice" means any person sixteen (16) years of age or older whose principal occupation is learning mechanical work on the job under the direct supervision of a journeyman or contractor;
9. "Mechanical firm" means any corporation, partnership, association, proprietorship, limited liability company, or other business entity which plans or engages, or offers to engage, in mechanical work for another within this state;
10. "Mechanical work" means the installation, maintenance, repair, or renovation, in whole or in part, of any heating system, exhaust system, cooling system, mechanical refrigeration system or ventilation system or any equipment or piping carrying chilled water, air for ventilation purposes, or natural gas, or the installation, maintenance, repair, or renovation of process piping used to carry any liquid, substance, or material, including steam and hot water used for space heating purposes not under the jurisdiction of the Department of Labor other than minor repairs to such systems;
11. "Refrigeration system" means the erection, installation, repairing and servicing of a system employing a fluid which normally is vaporized and liquefied in an air conditioning system, food preservation measure or manufacturing process;
12. "Sheet metal" means the erection, installation and repairing of all ferrous or nonferrous duct work and all other materials used in all air conditioning and exhaust systems;
13. "Temporary mechanical journeyman" means any person other than a person permanently licensed as a mechanical journeyman or contractor in this state who meets the temporary licensure requirements of Section 1850.8A of this title; and
14. "Variance and Appeals Board" means the Oklahoma State Mechanical Installation Code Variance and Appeals Board.
Added by Laws 1987, c. 93, § 2, eff. Nov. 1, 1987. Amended by Laws 1992, c. 137, § 1, eff. Sept. 1, 1992; Laws 1994, c. 293, § 8, eff. July 1, 1994; Laws 1999, c. 405, § 10, emerg. eff. June 10, 1999; Laws 2001, c. 394, § 53, eff. Jan. 1, 2002; Laws 2002, c. 83, § 1, emerg. eff. April 17, 2002.
§59-1850.3. Board of Health - Powers and duties.
The Construction Industries Board shall have the power and duty to:
1. Promulgate, prescribe, amend, and repeal rules necessary to implement the provisions of the Mechanical Licensing Act including, but not limited to, defining categories and limitations for such licenses and for registration of apprentices, and establishing bonding and insurance requirements precluding municipal requirements;
2. Adopt standards for mechanical work, by reference, published by a recognized code body; and
3. Establish minimum standards of mechanical installations in this state.
Added by Laws 1987, c. 93, § 3, eff. Nov. 1, 1987. Amended by Laws 2001, c. 394, § 54, eff. Jan. 1, 2002.
§59-1850.3a. Voluntary review of project plans and specifications.
The Construction Industries Board shall establish by rule a process for the formal review of the plans and specifications for a project prior to bid dates for the project to ensure that the project plans and specifications are in conformance with applicable plumbing, electrical and mechanical installation codes. The rule shall provide that the review shall be completed in a timely manner, not to exceed fourteen (14) calendar days from the date of the submission of a completed application for review which is accompanied by the review fee not to exceed Two Hundred Dollars ($200.00) to be established by the rule. Upon completion of the review, the plans and specifications shall be returned to the applicant with documentation indicating either approval of plans and specifications which are in compliance with the applicable codes, or modifications which must be made to bring the plans and specifications into conformance. Submission of such plans and specifications for review by the Board shall be voluntary.
Added by Laws 1994, c. 293, § 9, eff. July 1, 1994. Amended by Laws 2001, c. 394, § 55, eff. Jan. 1, 2002.
§59-1850.4. Committee of Mechanical Examiners - Membership - Terms - Removal - Vacancies - Quorum - Duties.
A. There is hereby established the Committee of Mechanical Examiners, which shall consist of five (5) members. All members shall be citizens of the United States and shall be residents of this state. Members shall hold office for terms of two (2) years or until their successors have been appointed and qualified.
B. Members of the Committee shall be appointed as follows:
1. Two members shall be appointed by the President Pro Tempore of the Senate and shall be mechanical journeymen with five (5) years' actual experience in mechanical work as journeymen. Beginning January 1, 2003, as the terms of the members serving on the Committee pursuant to this paragraph expire, subsequent members shall be appointed by the President Pro Tempore of the Senate, unless after thirty (30) days from expiration an appointment is not made, then the member shall be appointed by the Construction Industries Board;
2. Two members shall be appointed by the Speaker of the House of Representatives and shall be mechanical contractors with five (5) years' actual experience in mechanical work as contractors. Beginning January 1, 2003, as the terms of the members serving on the Committee pursuant to this paragraph expire, subsequent members shall be appointed by the Speaker of the House of Representatives, unless after thirty (30) days from expiration an appointment is not made, then the member shall be appointed by the Construction Industries Board; and
3. One member shall be a lay member appointed by the Construction Industries Board; provided, the person serving in this position on January 1, 2002, may elect to continue to serve until the end of the term of office and until a successor has been appointed and qualified.
C. Any vacancy on the Committee shall be filled for the unexpired term within thirty (30) days in the manner in which that position was originally filled. Members may be removed for misconduct, incompetence, or neglect of duty.
D. A majority of the Committee shall constitute a quorum for the transaction of business, and the Committee shall elect a chair from its number. Each member shall receive travel expenses in accordance with the provisions of the State Travel Reimbursement Act. The Committee shall meet at least quarterly to conduct examinations, and special meetings may be called by the chair or the Board.
E. The Committee shall:
1. Assist and advise the Board on all matters pertaining to the formation of rules pursuant to the provisions of the Mechanical Licensing Act;
2. Assist and advise the Board on the examinations for applicants for licenses as a mechanical contractor or journeyman and on all matters relating to the licensing of mechanical contractors and mechanical journeymen and the registering of mechanical apprentices; and
3. Assist and advise the Board in such other matters as requested thereby.
Added by Laws 1987, c. 93, § 4, eff. Nov. 1, 1987. Amended by Laws 1993, c. 249, § 2, emerg. eff. May 26, 1993; Laws 1994, c. 293, § 10, eff. July 1, 1994; Laws 2001, c. 394, § 56, eff. Jan. 1, 2002; Laws 2002, c. 457, § 10, eff. July 1, 2002.
§59-1850.5. Construction Industries Board - Powers and duties.
The Construction Industries Board shall have the power and duty to:
1. Issue, renew, suspend, revoke, modify or deny licenses to engage in mechanical work pursuant to the Mechanical Licensing Act;
2. Register apprentices;
3. Enter upon public and private property for the purpose of inspecting workers' licenses and mechanical work for compliance with the provisions of the Mechanical Licensing Act and of the rules of the Board promulgated pursuant thereto;
4. Employ personnel to conduct investigations and inspections;
5. Enforce the standards and rules promulgated pursuant to the Mechanical Licensing Act;
6. Reprimand or place on probation, or both, any holder of a license or registration pursuant to the Mechanical Licensing Act;
7. Investigate complaints and hold hearings;
8. Initiate disciplinary proceedings, request prosecution of and initiate injunctive proceedings against any person who violates any of the provisions of the Mechanical Licensing Act or any rule promulgated pursuant thereto;
9. Establish and levy administrative fines against any person who violates any of the provisions of the Mechanical Licensing Act or any rule promulgated pursuant thereto;
10. Conduct investigations into the qualifications of applicants for licensure and registration on the request of the Board;
11. Develop and administer the examinations approved by the Committee of Mechanical Examiners for applicants for licenses as a mechanical contractor or journeyman; and
12. Exercise all incidental powers as necessary and proper to implement and enforce the provisions of the Mechanical Licensing Act and the rules promulgated pursuant thereto.
Added by Laws 1987, c. 93, § 5, eff. Nov. 1, 1987. Amended by Laws 1993, c. 236, § 7, eff. Sept. 1, 1993; Laws 1994, c. 293, § 11, eff. July 1, 1994; Laws 2001, c. 394, § 57, eff. Jan. 1, 2002.
§591850.6. Examinations.
A. Examinations for licenses as mechanical contractors or mechanical journeymen shall be uniform and practical in nature for each respective license and shall be sufficiently strict to test the qualifications and fitness of the applicants for licenses. Examinations shall be in whole or in part in writing. The Committee shall conduct examinations quarterly and at such other times as it deems necessary.
B. Any applicant initially failing to pass the examination shall not be permitted to take another examination for a period of thirty (30) days. Any applicant subsequently failing to pass the examination shall not be permitted to take another examination for a period of ninety (90) days.
Added by Laws 1987, c. 93, § 6, eff. Nov. 1, 1987.
§59-1850.7. License required - Contractor required for mechanical work.
No person shall engage or offer to engage in, by advertisement or otherwise, any mechanical work as a journeyman or contractor who does not possess a valid and appropriate license from the Construction Industries Board. No business entity shall act as a mechanical firm unless a contractor is associated with and responsible for all mechanical work of such entity.
Added by Laws 1987, c. 93, § 7, eff. Nov. 1, 1987. Amended by Laws 2001, c. 394, § 58, eff. Jan. 1, 2002.
§59-1850.8. Qualifications for licensure as mechanical journeyman or mechanical contractor - Licenses - Limited license.
A. The Construction Industries Board shall issue a license as a mechanical journeyman or mechanical contractor to any person who:
1. Has been certified by the Committee of Mechanical Examiners as having successfully passed the appropriate examination; and
2. Has paid the license fee and has otherwise complied with the provisions of the Mechanical Licensing Act. The license fees shall be established by rule by the Board pursuant to Section 1000.5 of this title.
B. All licenses shall be nontransferable. Until June 30, 2004, no license shall be issued for longer than one (1) year and all licenses shall expire on June 30 of each year. Beginning July 1, 2004, all licenses shall expire on the birth date of the licensee. The Construction Industries Board shall establish by rule a method for prorating license fees to coincide with the birth date of the licensee. Licenses which have not been renewed more than thirty (30) days following the date of expiration may be renewed upon application and payment of the required fees and payment of any penalty for late renewal, as shall be established by the Board. Any license issued without state examination that has not been renewed as a result of a tax hold subsequent to the implementation of Section 238.1 of Title 68 of the Oklahoma Statutes, may be renewed without examination anytime before June 30, 2005, upon satisfactory arrangements made with the Oklahoma Tax Commission for the tax liability, payment of the required fees and payment of any penalty for late renewal as established by the Board. No journeyman or contractor license shall be renewed unless the licensee has completed the required hours of continuing education as determined by the Committee. The requirement may be satisfied by completing a course on the current edition of the International Mechanical Code revision or the International Fuel Gas Code or the mechanical provisions of the International Residential Code revision, whichever is applicable to the category of licensure, of not less than six (6) hours of instruction, within one (1) year of adoption of the current International Mechanical Code revision or the International Fuel Gas Code or the International Residential Code revisions. Persons who are licensed as contractors under the Mechanical Licensing Act may have their license placed on inactive status by paying the annual renewal fee and eliminating the bonding and insurance requirements. No late fee shall be charged to renew a license which expired while the applicant was in military service, if application is made within one (1) year of discharge from the military service.
C. The Board is authorized to establish and issue, subject to the provisions of the Mechanical Licensing Act, limited licenses in each area of mechanical work based on the experience, ability, examination scores and the education of the applicant. The limited licenses shall authorize the licensee to engage in only those activities and within the limits specified in the license.
Added by Laws 1987, c. 93, § 8, eff. Nov. 1, 1987. Amended by Laws 1993, c. 249, § 3, emerg. eff. May 26, 1993; Laws 1994, c. 293, § 12, eff. July 1, 1994; Laws 1999, c. 405, § 11, emerg. eff. June 10, 1999; Laws 2001, c. 394, § 59, eff. Jan. 1, 2002; Laws 2002, c. 457, § 11, eff. July 1, 2002; Laws 2003, c. 318, § 14, eff. Nov. 1, 2003; Laws 2004, c. 163, § 7, emerg. eff. April 26, 2004.
§59-1850.8A. Temporary licenses.
A. Within (1) one year of the date the Governor of this state declares a state of emergency in response to a disaster involving the destruction of dwelling units, the State Commissioner of Health shall issue a distinctively colored, nonrenewable, temporary mechanical journeyman license which shall expire one (1) year after the date of declaration to any person who is currently licensed as a mechanical journeyman by another state and who:
1. Submits, within ten (10) days of beginning mechanical journeyman's work in this state, an application and fee for a mechanical journeyman's examination;
2. Takes and passes the examination at the first opportunity thereafter offered by the Commissioner; and
3. Pays a temporary mechanical journeyman's license fee of Twenty-five Dollars ($25.00).
B. Nothing in this section shall be construed as prohibiting any person from qualifying at any time for any other license by meeting the requirements for the other license.
Added by Laws 1999, c. 405, § 12, emerg. eff. June 10, 1999.
§59-1850.9. Apprentice registration.
A. The Construction Industries Board, upon proper application and payment of an apprentice registration fee, shall register as a mechanical apprentice and issue a certificate of such registration to any person who furnishes satisfactory proof to the Board that the applicant is:
1. Sixteen (16) years of age or older; and
2. Enrolled in a school or training course for mechanical apprentices recognized by the Board or has arranged for employment as a mechanical apprentice with a licensed mechanical contractor.
B. Apprentice registration certificates shall expire one (1) year after date of registration, at which time the apprentice may reregister and receive, upon payment of the apprentice registration renewal fee, a renewal certificate.
Added by Laws 1987, c. 93, § 9, eff. Nov. 1, 1987. Amended by Laws 1999, c. 405, § 13, emerg. eff. June 10, 1999; Laws 2001, c. 394, § 60, eff. Jan. 1, 2002.
§59-1850.10. Application of act - Exemptions.
A. 1. No person shall install, replace or repair gas piping unless such person is licensed under the Mechanical Licensing Act or is licensed as a plumbing contractor or journeyman plumber pursuant to the laws of this state.
2. No person shall install, replace or repair floor furnaces or wall heaters unless such person is licensed under the Mechanical Licensing Act or is licensed as a plumbing contractor or journeyman plumber pursuant to the laws of this state.
3. No person shall install, replace or repair any radiant-floor heating systems unless such person is licensed under the Mechanical Licensing Act or is licensed as a plumbing contractor or journeyman plumber pursuant to the laws of this state.
B. The Mechanical Licensing Act shall not apply to:
1. A person who is the property owner of record, or his or her authorized representative, when performing minor repair which shall include, but not be limited to, cleaning, adjusting, calibrating and repair of mechanical system parts and the replacement of fuses and room thermostats, and other minor repairs which shall not include any repair which could violate the safe operation of the equipment;
2. The installation of portable, selfcontained, ductless air conditioners or heaters;
3. The setting or connecting of detached air conditioning units which utilize flexible ductwork on a manufactured home. The term manufactured home shall have the same definition as such term is defined in Section 1102 of Title 47 of the Oklahoma Statutes;
4. Any permanent employee of a manufacturing facility, whether owned or leased, while performing mechanical work on the premises of such facility. The performance of such mechanical work authorized by this paragraph shall not violate any manufacturer specification or compromise any health or safety standards and practices in accordance with state and federal regulations;
5. The service, repair and installation of boilers, pressure vessels and welded steam lines which are subject to the jurisdiction of the Commissioner of Labor pursuant to the provisions of Sections 141.1 through 141.18 of Title 40 of the Oklahoma Statutes; or
6. Employees of stateowned institutions doing maintenance to stateowned facilities which does not violate manufacturer specifications nor compromise health or safety standards and practices.
C. The licensing requirements of the Mechanical Licensing Act shall not apply to public utilities, public service corporations, intrastate gas pipeline companies, gas gathering pipeline companies, gas processing companies, rural electric associations, or municipal utilities and their subsidiaries during work on their own facilities or during the performance of energy audits, operational inspections, minor maintenance, or minor repairs for their customers or on their own equipment.
D. The licensing requirements of the Mechanical Licensing Act shall not apply to employees of chemical plants, gas processing plants, and petroleum refineries during work on their own facilities or during the performance of operational inspections, mechanical work, maintenance, or repairs on their own equipment, the performance of which does not violate any manufacturer specification or compromise any health or safety standards and practices in accordance with state and federal regulations.
E. The licensing requirements of the Mechanical Licensing Act shall not apply to employees of research facilities during work on their own facilities or during the performance of operational inspections, mechanical work, maintenance, or repairs on their own equipment used solely for research purposes when such items of equipment require one or more details of construction not covered by normally used national codes and standards or which involve destruction or reduce life of the equipment and systems.
Added by Laws 1987, c. 93, § 10, eff. Nov. 1, 1987. Amended by Laws 1989, c. 331, § 2, emerg. eff. May 31, 1989; Laws 1992, c. 137, § 2, eff. Sept. 1, 1992; Laws 1997, c. 353, § 5, eff. Nov. 1, 1997; Laws 2004, c. 163, § 8, emerg. eff. April 26, 2004.
§591850.11. Violation Penalties - Administrative fines - Injunctions.
A. Any mechanical contractor, mechanical journeyman, mechanical apprentice or mechanical firm who violates any of the provisions of the Mechanical Licensing Act in addition to suspension or revocation of a license, upon conviction, shall be guilty of a misdemeanor and punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or both such fine and imprisonment together with the costs of prosecution.
B. In addition to other penalties provided by law, if after a hearing in accordance with the provisions of Section 1850.14 of this title, the Mechanical Hearing Board shall find any mechanical contractor, mechanical journeyman, mechanical apprentice or mechanical firm to be in violation of any of the provisions of this act, such person or firm may be subject to an administrative fine of not more than Five Hundred Dollars ($500.00) for each violation. Each day a person or firm is in violation of this act may constitute a separate violation. The maximum fine will not exceed One Thousand Dollars ($1,000.00). All administrative fines collected pursuant to the provisions of this subsection shall be deposited in the Oklahoma Mechanical Licensing Revolving Fund. Administrative fines imposed pursuant to this subsection shall be enforceable in the district courts of this state.
C. The Mechanical Hearing Board may make application to the appropriate court for an order enjoining the acts or practices prohibited by this act, and upon a showing by the Mechanical Hearing Board that the person or firm has engaged in any of the prohibited acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court.
Added by Laws 1987, c. 93, § 11, eff. Nov. 1, 1987. Amended by Laws 1993, c. 236, § 8, eff. Sept. 1, 1993.
§59-1850.12. Political subdivisions - Inspections - Permits - Registration.
The provisions of the Mechanical Licensing Act shall not prohibit any political subdivision from appointing inspectors, making inspections, requiring permits for mechanical work and charging such fees as are determined to be necessary by such political subdivision. Said political subdivision may inspect mechanical work performed within the jurisdiction of that political subdivision, and may require contractors to register within their jurisdiction.
Added by Laws 1987, c. 93, § 12, eff. Nov. 1, 1987. Amended by Laws 2003, c. 318, § 15, eff. Nov. 1, 2003.
§59-1850.13. Oklahoma Mechanical Licensing Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Construction Industries Board, to be designated the "Oklahoma Mechanical Licensing Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Health pursuant to the Mechanical Licensing Act, including administrative fines authorized by Section 1850.11 of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Construction Industries Board for the purpose of implementing the Mechanical Licensing Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1987, c. 93, § 13, eff. Nov. 1, 1987. Amended by Laws 1993, c. 236, § 9, eff. Sept. 1, 1993; Laws 2001, c. 394, § 61, eff. Jan. 1, 2002; Laws 2004, c. 163, § 9, emerg. eff. April 26, 2004.
§59-1850.14. Mechanical Hearing Board - Investigations - Suspension, revocation or refusal to issue or renew license - Jurisdiction of political subdivisions.
A. The Construction Industries Board and the Committee of Mechanical Examiners shall act as the Mechanical Hearing Board and shall comply with the provisions of Article II of the Administrative Procedures Act.
B. The Mechanical Hearing Board may, upon its own motion, and shall, upon written complaint filed by any person, investigate the business transactions of any mechanical contractor, mechanical journeyman, mechanical apprentice or mechanical firm. The Construction Industries Board shall suspend or revoke or may refuse to issue or renew any license or registration under the Mechanical Licensing Act for any of the following:
1. Making a material misstatement in the application for a license or registration, or the renewal of a license or registration;
2. Obtaining any license or registration by false or fraudulent representation;
3. Loaning or allowing the use of such license by any other person or illegally using a license;
4. Demonstrating incompetence to act as a mechanical journeyman or mechanical contractor;
5. Violating any provisions of the Mechanical Licensing Act, or any rule or order prescribed by the Construction Industries Board pursuant to the provisions of the Mechanical Licensing Act; or
6. Willfully failing to perform normal business obligations without justifiable cause.
C. Any person whose license or registration has been revoked by the Mechanical Hearing Board may apply for a new license one (1) year from the date of such revocation.
D. Notwithstanding any other provision of law, a political subdivision of this state that has adopted a nationally recognized mechanical code and appointed an inspector pursuant to Section 1850.12 of this title or pursuant to the Oklahoma Inspectors Act for such work shall have jurisdiction over the interpretation of said code and the installation of all mechanical work done in that political subdivision, subject to the provisions of the Oklahoma Inspectors Act. Provided, a state inspector may work directly with a mechanical contractor, mechanical journeyman, mechanical apprentice or mechanical firm in such a locality if a violation of the code creates an immediate threat to life or health.
E. In the case of a complaint about, investigation of, or inspection of any license, registration, permit or mechanical work in any political subdivision of this state which has not adopted a nationally recognized mechanical code and appointed an inspector pursuant to Section 1850.12 of this title or pursuant to the Oklahoma Inspectors Act for such work, the Board shall have jurisdiction over such matters.
F. 1. No individual, business, company, corporation, association, limited liability company, or other entity subject to the provisions of the Mechanical Licensing Act shall install, modify or alter mechanical systems in any incorporated area of this state which has not adopted a nationally recognized mechanical code and appointed an inspector pursuant to Section 1850.12 of this title or pursuant to the Oklahoma Inspectors Act for such work without providing notice of such mechanical work to the Board. A notice form for reproduction by an individual or entity required to make such notice shall be provided by the Board upon request.
2. Notice to the Board pursuant to this subsection shall not be required for minor repair or maintenance performed according to the mechanical equipment manufacturer's instructions or of any petroleum refinery or its research facilities.
3. Enforcement of this subsection is authorized pursuant to the Mechanical Licensing Act, or under authority granted to the Board.
Added by Laws 1987, c. 93, § 14, eff. Nov. 1, 1987. Amended by Laws 1993, c. 251, § 3, eff. Sept. 1, 1993; Laws 2001, c. 394, § 62, emerg. eff. June 4, 2001.
§591850.15. Statewide validity of license Persons not required to be licensed under act.
A license issued pursuant to this act shall be valid statewide; however, a person or entity who is licensed locally and only performs work in such locality shall not be required to be licensed hereunder.
Added by Laws 1987, c. 93, § 15, eff. Nov. 1, 1987.
§59-1850.16. Oklahoma State Mechanical Installation Code Variance and Appeals Board.
A. 1. There is hereby created the Oklahoma State Mechanical Installation Code Variance and Appeals Board. The Variance and Appeals Board shall hear testimony and shall review sufficient technical data submitted by an applicant to substantiate the proposed installation of any material, assembly or manufacturer-engineered components, equipment or system that is not specifically prescribed by an appropriate installation code, an industry consensus standard or fabricated or installed according to recognized and generally accepted good engineering practices, where no ordinance of a governmental subdivision applies. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the Variance and Appeals Board shall approve such alternative, subject to the requirements of the appropriate installation code. Applications for the use of an alternative material or method of construction shall be submitted in writing to the Construction Industries Board for approval prior to use. Applications shall be accompanied by a filing fee, not to exceed Fifty Dollars ($50.00), as set by rule of the Board.
2. The Variance and Appeals Board shall also hear appeals from contractors, licensed by the Construction Industries Board, and any person who has ownership interest in or is in responsible charge of the design of or work on the installation, who contest the Construction Industries Board's interpretation of the state's model mechanical installation code as applied to a particular installation. Such appeals shall be based on a claim that:
a. the true intent of the installation code has been incorrectly interpreted,
b. the provisions of the code do not fully apply, or
c. an equal or better form of installation is proposed.
Such appeals to the Variance and Appeals Board shall be made in writing to the Construction Industries Board within fourteen (14) days after a code interpretation or receipt of written notice of the alleged code violation by the licensed contractor.
B. The Variance and Appeals Board shall consist of the designated representative of the Construction Industries Board and the following members who, except for the State Fire Marshal or designee, shall be appointed by the Construction Industries Board from a list of names submitted by the professional organizations of the professions represented on the Variance and Appeals Board and who shall serve at the pleasure of the Construction Industries Board:
1. Two members shall be appointed from the Committee of Mechanical Examiners; one shall be a contractor with five (5) years of experience and one shall be a journeyman with five (5) years of experience;
2. One member shall be a registered design professional who is a registered architect with at least ten (10) years of experience, five (5) years of which shall have been in responsible charge of work;
3. One member shall be a registered design professional with at least ten (10) years of structural engineering or architectural experience, five (5) years of which shall have been in responsible charge of work;
4. One member shall be a registered design professional with mechanical or plumbing engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) years of which shall have been in responsible charge of work;
5. One member shall be a registered design professional with electrical engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) years of which shall have been in responsible charge of work; and
6. One member shall be the State Fire Marshal or a designee of the State Fire Marshal.
Any member serving on the Variance and Appeals Board on January 1, 2002, may continue to serve on the Variance and Appeals Board until a replacement is appointed by the Construction Industries Board.
C. Members, except the designee of the Construction Industries Board and the State Fire Marshal, or the designated representative of the State Fire Marshal, and employees of the Construction Industries Board, shall be reimbursed for travel expenses pursuant to the State Travel Reimbursement Act from the revolving fund created pursuant to Section 1850.13 of Title 59 of the Oklahoma Statutes.
D. The Variance and Appeals Board shall meet after the Construction Industries Board receives proper application for a variance, accompanied by the filing fee, or proper notice of an appeal, as provided in subsection A of this section.
E. The designated representative of the Construction Industries Board, shall serve as chair of the Variance and Appeals Board. A majority of the members of the Variance and Appeals Board shall constitute a quorum for the transaction of business.
Added by Laws 1994, c. 293, § 13, eff. July 1, 1994. Amended by Laws 2001, c. 394, § 63, emerg. eff. June 4, 2001.
§59-1860. Temporary license examinations.
A. The Construction Industries Board shall offer examinations for temporary journeyman plumber, temporary journeyman electrician, and temporary mechanical journeyman at least once every thirty (30) days following a declaration by the Governor of this state of a state of emergency in response to a disaster involving the destruction of dwelling units and shall continue do so for at least six (6) months following the declaration.
B. The temporary journeyman examinations shall be neither less stringent nor more stringent than examinations for regular journeyman licenses in this state.
C. No applicant for any temporary journeyman license shall be allowed more than one opportunity to take the temporary journeyman examination.
D. No temporary journeyman license shall be extended or renewed. Upon expiration of the temporary journeyman license, the license holder shall be ineligible to work as a journeyman in this state unless qualified under other provisions of law.
Added by Laws 1999, c. 405, § 14, emerg. eff. June 10, 1999. Amended by Laws 2001, c. 394, § 64, emerg. eff. June 4, 2001.
§59-1870. Short title.
Sections 1 through 16 of this act shall be known and may be cited as the "Licensed Alcohol and Drug Counselors Act".
Added by Laws 2004, c. 313, § 1, emerg. eff. May 19, 2004.
§59-1871. Definitions.
For purposes of the Licensed Alcohol and Drug Counselors Act:
1. "Alcohol and drug counseling" means the application of substance use disorders and counseling principles in order to:
a. develop an understanding of alcoholism and drug dependency problems,
b. prevent, diagnose or treat alcohol and drug dependency problems,
c. conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, and
d. plan, implement or evaluate treatment plans using counseling treatment interventions;
2. "Board" means the Oklahoma Board of Licensed Alcohol and Drug Counselors, created by Section 4 of this act;
3. "Certified alcohol and drug counselor" means any person who is not exempt pursuant to the provisions of Section 3 of this act and is not licensed under this act, but who offers alcohol and drug counseling services while employed by an entity certified by the Department of Mental Health and Substance Abuse Services, or who is exempt from such certification, or who is under the supervision of a person recognized by the Oklahoma Board of Licensed Alcohol and Drug Counselors as a drug and alcohol counselor licensed by this act who is qualified to provide such supervision;
4. "Consulting" means interpreting or reporting scientific fact or theory in counseling to provide assistance in solving current or potential problems of individuals, groups or organizations;
5. "Licensed alcohol and drug counselor" means any person who offers alcohol and drug counseling services for compensation to any person and is licensed pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act. The term "licensed alcohol and drug counselor" shall not include those professions exempted by Section 3 of this act;
6. "Supervised practicum experience" means volunteer or paid work experience in the core functions of substance abuse counseling as delineated by the Oklahoma Board of Licensed Alcohol and Drug Counselors; and
7. "Supervised work experience" means voluntary or paid work experience in providing alcohol and drug counseling services to individuals under the supervision of a licensed alcohol and drug counselor.
Added by Laws 2004, c. 313, § 2, emerg. eff. May 19, 2004.
§59-1872. Other professionals - Use of title "licensed alcohol and drug counselor" - Practice of other profession by licensee.
A. The Licensed Alcohol and Drug Counselors Act shall in no way infringe upon the pursuits of the following professionals acting within the scope of their licenses or employment as such professionals, nor shall such professionals use the title "licensed alcohol and drug counselor":
1. Physicians, physician assistants, psychologists, social workers, professional counselors, marital and family therapists, licensed behavioral practitioners, and registered nurses who are licensed by their respective licensing authorities;
2. Members of the clergy;
3. Persons employed by the state or federal government; and
4. Any person who provides a prepared curriculum of life skills education and training that is designed to be self-taught, and who does not provide individual, group or family counseling.
B. The Licensed Alcohol and Drug Counselors Act shall not be construed to allow the practice of any of the professions specified in subsection A of this section by a licensed alcohol and drug counselor unless the licensed alcohol and drug counselor is also licensed or accredited by the appropriate agency, institution or board.
Added by Laws 2004, c. 313, § 3, emerg. eff. May 19, 2004.
§59-1873. Oklahoma Board of Licensed Alcohol and Drug Counselors.
A. There is hereby created, to continue until July 1, 2010, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Board of Licensed Alcohol and Drug Counselors, consisting of seven (7) members, to be appointed by the Governor, with the advice and consent of the Senate, as follows:
1. a. Six members who shall be alcohol and drug counselors certified by an entity recognized to do professional alcohol and drug counseling certification in this state; provided, however, five of such members shall subsequently secure licensure and one such member shall subsequently secure certification, pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act, no later than January 1, 2005.
b. Thereafter, five members shall be licensed alcohol and drug counselors at the time of appointment, and one member shall be certified as an alcohol and drug counselor at the time of appointment.
c. Pursuant to the provisions of this paragraph, the Governor shall appoint:
(1) four members from a list of names submitted by the Oklahoma Drug and Alcohol Professional Counselors Association,
(2) one member from a list of names submitted by the Oklahoma Substance Abuse Services Alliance, and
(3) one member from a list of names submitted by the Oklahoma Citizen Advocates for Recovery and Treatment Association.
d. One member shall be appointed from and shall represent the general public. Such member shall be a resident of this state who has attained the age of majority and shall not be, nor shall ever have been, a licensed or certified alcohol and drug counselor, or the spouse of a licensed or certified alcohol and drug counselor, or a person who has ever had any material financial interest in the provision of alcohol and drug counseling services or has engaged in any activity directly related to the practice of alcohol and drug counseling.
2. The composition of the Board shall include five members who hold a master's or higher degree and one member whose highest degree held is a bachelor's degree.
3. The Governor shall appoint the members to the Board no later than July 1, 2004.
B. Each member of the Board appointed as a licensed alcohol and drug counselor shall:
1. Be certified or licensed to engage in the practice of alcohol and drug counseling in this state and shall be in good standing; and
2. Have at least three (3) years of experience in the practice of alcohol and drug counseling in this state.
C. Two of the members initially appointed shall serve three-year terms; two shall serve four-year terms and three shall serve five-year terms, as designated by the Governor. Thereafter, the terms of all members shall be five (5) years.
D. A vacancy on the Board shall be filled in the same manner as the original appointment for the balance of the unexpired term. Members may succeed themselves but shall serve no more than two consecutive terms. Each member shall serve until a successor is appointed and qualified.
E. Members of the Board may be removed from office for one or more of the following reasons:
1. The refusal or inability for any reason to perform the duties of a Board member in an efficient, responsible and professional manner;
2. The misuse of office for pecuniary or material gain or for personal advantage for self or another;
3. A violation of the laws or rules governing the practice of alcohol and drug counseling; or
4. Conviction of a felony as verified by a certified copy of the record of the court of conviction.
F. Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary travel expenses as provided in the State Travel Reimbursement Act.
Added by Laws 2004, c. 313, § 4, emerg. eff. May 19, 2004.
§59-1874. Chair, vice-chair, and officers - Oklahoma Board of Licensed Alcohol and Drug Counselors - Meetings.
A. The Oklahoma Board of Licensed Alcohol and Drug Counselors shall annually elect from among its members a chair, a vice-chair and such other officers as it deems appropriate and necessary to conduct its business. The chair shall preside at all meetings of the Board. Each additional officer elected by the Board shall perform those duties customarily associated with the position and such other duties assigned by the Board. Officers elected by the Board shall serve for one (1) year and shall serve no more than three (3) consecutive years in any office to which the Board member is elected.
B. 1. The Board shall meet at least once every three (3) months to transact its business and may meet at such additional times as the Board may determine.
2. The Board shall meet in accordance with the provisions of the Oklahoma Open Meeting Act.
3. A majority of the members of the Board shall constitute a quorum for the conduct of business. All actions of the Board shall be by a majority of the quorum present.
Added by Laws 2004, c. 313, § 5, emerg. eff. May 19, 2004.
§59-1875. Powers and duties - Oklahoma Board of Licensed Alcohol and Drug Counselors.
In addition to any other powers and duties imposed by law, the Oklahoma Board of Licensed Alcohol and Drug Counselors shall have the power and duty to:
1. Promulgate rules necessary to effectuate the provisions of the Licensed Alcohol and Drug Counselors Act, and to make orders as it may deem necessary or expedient in the performance of its duties;
2. Prepare, conduct and grade written and oral examinations of persons who apply for certification or licensure as an alcohol and drug counselor;
3. Determine a satisfactory passing score on such examinations and issue certifications and licenses to persons who pass the examinations or who are otherwise entitled to certification and licensure;
4. Determine eligibility for certification and licensure;
5. Issue and renew certificates and licenses for alcohol and drug counselors;
6. Upon good cause shown:
a. deny the issuance of a certificate or license,
b. suspend, revoke or refuse to renew a certificate or license, or
c. place a holder of a certificate or a licensee on probation;
7. Establish and levy administrative penalties against any person or entity who violates any of the provisions of this act or any rule promulgated or order issued pursuant thereto;
8. Obtain an office, secure facilities, and employ, direct, discharge and define the duties and set the salaries of office personnel as deemed necessary by the Board;
9. Initiate disciplinary, prosecution and injunctive proceedings against any person or entity who violates any of the provisions of this act, or any rule promulgated or order issued pursuant thereto; provided, the Board shall be exempt from providing surety for the costs in connection with the commencement of any legal proceedings under the provisions of this act;
10. Investigate alleged violations of this act, or the rules, orders or final orders of the Board;
11. Promulgate rules of conduct governing the practice of certified and licensed alcohol and drug counselors;
12. Keep accurate and complete records of its proceedings;
13. Promulgate rules for continuing education requirements for certified and licensed alcohol and drug counselors;
14. Issue a certificate or license by endorsement to an applicant certified or licensed to practice as a certified or licensed alcohol and drug counselor in another state if the Board deems such applicant to have qualifications that are comparable to those required under this act and, if the Board deems the applicant as meeting the standards, provided by rules, for certification or licensure by endorsement; and
15. Perform such other duties and have such other responsibilities as necessary to implement the provisions of this act.
Added by Laws 2004, c. 313, § 6, emerg. eff. May 19, 2004.
§59-1876. Certificate or license to practice as alcohol or drug counselor - Application - Requirements.
A. Unless exempt pursuant to Section 1872 of this title, on and after January 1, 2005, any person wishing to practice alcohol and drug counseling in this state shall obtain a certificate or license to practice pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act.
B. An application for a certificate or license to practice as a certified or licensed alcohol and drug counselor shall be made to the Oklahoma Board of Licensed Alcohol and Drug Counselors in writing. Such application shall be on a form and in a manner prescribed by the Board. The application shall be accompanied by the fee required by this act, which shall be retained by the Board and not returned to the applicant.
C. Each applicant for a certificate or license to practice as a certified or licensed alcohol and drug counselor shall:
1. Be possessed of good moral character;
2. Pass an oral and a written examination based on standards established by the International Counselor and Reciprocity Consortium;
3. Be at least twenty-one (21) years of age;
4. Not have engaged in, nor be engaged in, any practice or conduct which would be grounds for denying, revoking or suspending a license pursuant to the provisions of this act; and
5. Otherwise comply with the rules promulgated by the Board pursuant to the provisions of this act.
D. Except as otherwise provided by subsections E and G of this section, on and after January 1, 2005, in addition to the qualifications specified by the provisions of subsection C of this section, an applicant for a license to practice as a licensed alcohol and drug counselor shall have:
1. At a minimum, a master's degree in a behavioral science field that is recognized by the Oklahoma Board of Licensed Alcohol and Drug Counselors as appropriate to practice as a licensed alcohol and drug counselor;
2. Successfully completed at least one (1) year of full-time supervised work experience. For the purpose of this act, "one (1) year of full-time work experience" shall be defined as two thousand (2,000) hours of work experience, of which at least one thousand (1,000) hours shall consist of providing alcohol and drug counseling services to an individual and/or the individual's family;
3. Successfully completed at least one hundred eighty (180) clock hours of education related to alcohol and drug counseling subjects, theory, practice or research; and
4. Successfully completed at least three hundred (300) hours of supervised practicum experience in the field of drug and alcohol counseling.
E. Effective January 1, 2010, an applicant for a license to practice as a licensed alcohol and drug counselor shall have:
1. At least a master's degree in alcohol and substance abuse counseling from a college or university accredited by an agency recognized by the United States Department of Education; or
2. a. Possess at least a master's degree in a behavioral science or counseling-related field from a college or university accredited by an agency recognized by the United States Department of Education which is the content-equivalent of a graduate degree in alcohol and substance abuse counseling. In order to qualify as a "content-equivalent" degree, a graduate transcript shall reflect, at a minimum, the following knowledge areas and graduate hours:
(1) three courses in foundational knowledge, including one course in alcohol and drug addiction, one course in drug and alcohol counseling theory, and one course in the pharmacology of drugs of abuse,
(2) three courses in assessment and treatment of alcohol and drug problems, which may include group dynamics, individual and family counseling skills, specific counseling approaches, assessment methods, community resources and referral, or other courses primarily related to the assessment and treatment of alcohol and drug problems,
(3) one course in human development,
(4) one course in psychopathology,
(5) one course in multicultural and cultural competency issues,
(6) one course in family systems theory,
(7) one course in ethics, which includes established ethical conduct for alcohol and drug counselors,
(8) one course in research methods, and
(9) one three-hour practicum/internship in the field of drug and alcohol counseling of at least three hundred (300) clock hours.
b. All courses shall be graduate level courses and shall be three (3) semester hours or four (4) quarter credit hours which shall include a minimum of forty-five (45) class hours for each course.
F. Effective January 1, 2005, except as provided in subsection G of this section, each applicant for a certificate to practice as a certified alcohol and drug counselor shall have:
1. At a minimum, a bachelor's degree in a behavioral science field that is recognized by the Oklahoma Board of Licensed Alcohol and Drug Counselors as appropriate to practice as a certified drug and alcohol counselor in this state;
2. Successfully completed at least two (2) years of full-time supervised work experience. For the purpose of this act, "two years of full-time work experience" shall be defined as four thousand (4,000) hours of work experience of which at least two thousand (2,000) hours shall consist of providing alcohol and drug counseling services to an individual and/or the individual's family;
3. Successfully completed at least two hundred seventy (270) clock hours of education related to alcohol and drug counseling subjects, theory, practice or research;
4. Successfully completed, as part of or in addition to the education requirements established in paragraph 3 of this subsection, a minimum of forty-five (45) clock hours of specialized training approved by the Board in identifying co-occurring disorders and making appropriate referrals for treatment of co-occurring disorders; and
5. Successfully completed at least three hundred (300) hours of supervised practicum experience in the field of drug and alcohol counseling.
G. 1. Subject to application to the Board, prior to November 1, 2005, any person practicing in the State of Oklahoma at the time of application and holding a certificate in alcohol and drug counseling from any state or nationally recognized certifying body or agency recognized by the Board and issued on or before December 31, 2004, shall be granted a certificate under this act.
2. Subject to application to the Board, prior to November 1, 2005, any person practicing in the State of Oklahoma at the time of application and holding a certificate in alcohol and drug counseling from any state or nationally recognized certifying body or agency recognized by the Board and issued on or before December 31, 2004, and a master's degree, as provided in paragraph 1 of subsection D of this section, shall be granted a license under this act.
Added by Laws 2004, c. 313, § 7, emerg. eff. May 19, 2004. Amended by Laws 2005, c. 110, § 8, eff. Nov. 1, 2005.
§59-1877. Alcohol and drug counselor license - Examination.
A. 1. On and after January 1, 2005, before any person is eligible to receive a license to practice as a certified or licensed alcohol and drug counselor in this state, such person shall successfully pass an examination pursuant to the provisions of this section.
2. Examinations shall be held at such times, at such place and in such manner as the Oklahoma Board of Licensed Alcohol and Drug Counselors directs. An examination shall be held at least annually. The Board shall determine the acceptable grade on examinations. The examination shall cover such technical, professional and practical subjects as relate to the practice of alcohol and drug counseling.
3. If an applicant fails to pass the examination, the applicant may reapply.
B. The Board shall preserve the answers to any examination, and the applicant's performance on each section of the examination, as part of the records of the Board for a period of two (2) years following the date of the examination.
Added by Laws 2004, c. 313, § 8, emerg. eff. May 19, 2004.
§59-1878. Alcohol and drug counselor license - Term - Fees - Renewal - Reapplication after expiration - Retirement.
A. An applicant who meets the requirements for certification or licensure pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act, pays the required certification or license fees, and otherwise complies with the provisions of the Licensed Alcohol and Drug Counselors Act shall be certified or licensed by the Oklahoma Board of Licensed Alcohol and Drug Counselors.
B. Each initial certificate or license issued pursuant to the Licensed Alcohol and Drug Counselors Act shall expire twelve (12) months from the date of issuance unless sooner revoked.
C. 1. A certificate or license may be renewed annually upon application and payment of fees. The application for renewal shall be accompanied by evidence satisfactory to the Board that the applicant has satisfied relevant professional or continuing education requirements during the previous twelve (12) months.
2. Failure to renew a certificate or license shall result in forfeiture of the rights and privileges granted by the certificate or license.
D. A person whose certificate or license has expired may make application to the Board, in writing, within one (1) year following the expiration date of the certificate or license requesting reinstatement in a manner prescribed by the Board and upon payment of the fees required by the provisions of the Licensed Alcohol and Drug Counselors Act. The certificate or license of a person whose certificate or license has been expired for more than one (1) year shall not be reinstated. A person may reapply for a new certificate or license as provided in Section 7 of this act.
E. A certified or licensed alcohol and drug counselor whose certificate or license is current and in good standing and who wishes to retire the certificate or license may do so by informing the Board in writing and returning the certificate or license to the Board. A certificate or license so retired shall not be reinstated, but such retirement shall not prevent a person from applying for a new certificate or license at a future date.
Added by Laws 2004, c. 313, § 9, emerg. eff. May 19, 2004.
§59-1879. Disclosure of information received as alcohol and drug counselor.
No person certified or licensed pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act shall knowingly and willfully disclose any information that the holder of the certificate or license may have acquired from persons consulting the licensee in his or her professional capacity as an alcohol and drug counselor or be compelled to disclose such information except as provided by rules promulgated by the Oklahoma Board of Licensed Alcohol and Drug Counselors. Such rules shall comply with state and federal law.
Added by Laws 2004, c. 313, § 10, emerg. eff. May 19, 2004.
§59-1880. Acting as alcohol and drug counselor and use of title without license - Exemptions - Penalty.
A. It shall be unlawful for any person who is not certified or licensed or specifically exempt from the provisions of Section 3 of the Licensed Alcohol and Drug Counselors Act to:
1. Represent himself or herself by the title "licensed alcohol and drug counselor" or "certified alcohol and drug counselor" without having first complied with the provisions of the Licensed Alcohol and Drug Counselors Act;
2. Use the title of licensed alcohol and drug counselor, certified alcohol and drug counselor, or any other name, style or description denoting that the person is certified or licensed as a certified or licensed alcohol and drug counselor;
3. Practice alcohol and drug counseling; or
4. Advertise or otherwise offer to perform alcohol- or drug-abuse-related counseling services.
B. The provisions of subsection A of this section shall not apply to persons who are exempt pursuant to the provisions of Section 3 of this act.
C. Any person violating the provisions of subsection A of this section shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense, imprisonment for a term not to exceed six (6) months in the county jail, or by both such fine and imprisonment.
D. Nothing in this section shall be construed as making unlawful the practice of other professionals acting within the scopes of their licenses or employment as provided by Section 3 of this act.
Added by Laws 2004, c. 313, § 11, emerg. eff. May 19, 2004.
§59-1881. Denial, revocation, suspension, or probation of alcohol and drug counselor license - Other discipline - Misconduct of licensee.
A. The Oklahoma Board of Licensed Alcohol and Drug Counselors may deny, revoke, suspend or place on probation any certificate or license issued pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act to a certified or licensed alcohol and drug counselor, if the person has:
1. Been convicted of a felony;
2. Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice alcohol and drug counseling;
3. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act;
4. Knowingly aided or abetted a person not certified or licensed pursuant to these provisions in representing himself or herself as a certified or licensed alcohol and drug counselor in this state;
5. Engaged in unprofessional conduct as defined by rules promulgated by the Board;
6. Engaged in negligence or wrongful actions in the performance of his or her duties; or
7. Misrepresented any information required in obtaining a certificate or license.
B. No certificate or license shall be suspended or revoked, nor shall a certified or licensed alcohol and drug counselor be placed on probation or subjected to an administrative penalty until notice is served upon the certified or licensed alcohol and drug counselor and an opportunity for a hearing is provided in conformity with Article II of the Administrative Procedures Act.
C. In addition to the notice provided for in subsection B of this section, notice shall also be served on the licensing board for any other license held by the certified or licensed alcohol and drug counselor.
D. 1. Any person who is determined by the Board to have violated any provision of the Licensed Alcohol and Drug Counselors Act, or any rule promulgated or order issued pursuant thereto, may be subject to an administrative penalty.
2. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00).
3. Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.
4. All administrative penalties collected shall be deposited into the Licensed Alcohol and Drug Counselors Revolving Fund, created by Section 14 of this act.
E. The hearings provided for by the Licensed Alcohol and Drug Counselors Act shall be conducted in conformity with, and records made thereof as provided by Article II of the Administrative Procedures Act.
Added by Laws 2004, c. 313, § 12, emerg. eff. May 19, 2004.
§59-1882. Promulgation of rules and regulations.
The Oklahoma Board of Licensed Alcohol and Drug Counselors shall promulgate rules governing any certification or licensure action to be taken pursuant to the Administrative Procedures Act.
Added by Laws 2004, c. 313, § 13, emerg. eff. May 19, 2004.
§59-1883. Licensed Alcohol and Drug Counselors Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Board of Licensed Alcohol and Drug Counselors, to be designated the "Licensed Alcohol and Drug Counselors Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to the Licensed Alcohol and Drug Counselors Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Board to meet expenses necessary for carrying out the purposes of this act. Expenditures from the fund shall be approved by the Board and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 2004, c. 313, § 14, emerg. eff. May 19, 2004.
§59-1884. Fees for certification, licensure, annual renewal of license as certified or licensed alcohol and drug counselor - Administration fees and revolving fund.
A. The fee for certification, licensure or annual renewal of a certificate or license as a certified or licensed alcohol and drug counselor shall be fixed by the Oklahoma Board of Licensed Alcohol and Drug Counselors.
B. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Licensed Alcohol and Drug Counselors Act and so that there are no unnecessary surpluses in the Licensed Alcohol and Drug Counselors Revolving Fund; provided, the Board shall not fix the certification or licensure fee at an amount in excess of Three Hundred Dollars ($300.00), or the annual renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
C. 1. The fee for the issuance of a certificate or license to replace a lost, destroyed or mutilated certificate or license shall be Twenty-five Dollars ($25.00).
2. The fee shall accompany the application for a replacement license.
D. The fee for the application and examination required pursuant to the provisions of this act shall not exceed Five Hundred Dollars ($500.00).
Added by Laws 2004, c. 313, § 15, emerg. eff. May 19, 2004.
§59-1885. Reimbursement under health insurance or nonprofit hospital or medical service plan.
Nothing in the Licensed Alcohol and Drug Counselors Act shall be construed to require reimbursement under a health insurance or nonprofit hospital or medical service plan unless a contract specifically provides for reimbursement to certified or licensed alcohol and drug counselors.
Added by Laws 2004, c. 313, § 16, emerg. eff. May 19, 2004.
§591901. Short title.
Chapter 44 of this title shall be known and may be cited as the "Licensed Professional Counselors Act".
Added by Laws 1985, c. 145, § 1, eff. Sept. 1, 1985. Amended by Laws 1998, c. 295, § 1, eff. Nov. 1, 1998.
§59-1902. Definitions.
For the purpose of the Licensed Professional Counselors Act:
1. "Licensed professional counselor" or "LPC" means any person who offers professional counseling services for compensation to any person and is licensed pursuant to the provisions of the Licensed Professional Counselors Act. The term shall not include those professions exempted by Section 1903 of this title;
2. "Board" means the State Board of Health;
3. "Department" means the State Department of Health;
4. "Advisory Board" means the Oklahoma Licensed Professional Counselors Advisory Board appointed by the Commissioner;
5. "Commissioner" means the State Commissioner of Health;
6. "Counseling" means the application of mental health and developmental principles in order to:
a. facilitate human development and adjustment throughout the life span,
b. prevent, diagnose or treat mental, emotional or behavioral disorders or associated distress which interfere with mental health,
c. conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, and
d. plan, implement or evaluate treatment plans using counseling treatment interventions;
7. "Counseling treatment interventions" means the application of cognitive, affective, behavioral and systemic counseling strategies which include principles of development, wellness, and pathology that reflect a pluralistic society. Such interventions are specifically implemented in the context of a professional counseling relationship;
8. "Consulting" means interpreting or reporting scientific fact or theory in counseling to provide assistance in solving current or potential problems of individuals, groups or organizations;
9. "Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists;
10. "Research activities" means reporting, designing, conducting or consulting on research in counseling;
11. "Specialty" means the designation of a subarea of counseling practice that is recognized by a national certification agency or by the Board;
12. "Supervisor" means a person who meets the requirements established by the Board and who is licensed pursuant to the Licensed Professional Counselors Act; and
13. "Licensed professional counselor candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in Section 1906 of this title.
Added by Laws 1985, c. 145, § 2, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 1, eff. Nov. 1, 1995; Laws 1998, c. 295, § 2, eff. Nov. 1, 1998.
§59-1903. Construction and application of act - Exemptions.
A. The Licensed Professional Counselors Act shall not be construed to include the pursuits of the following professionals acting within the scope of their duties as such professionals, nor shall the title "Licensed Professional Counselor" or "LPC" be used by such professionals:
1. Physicians, psychologists, social workers, marital and family therapists and attorneys, who are licensed by their respective licensing authorities;
2. Rehabilitation counselors, vocational evaluation specialists, psychiatric and mental health nurses, alcohol and drug counselors, school administrators, school teachers and school counselors, who are certified by their respective certifying authorities;
3. Persons in the employ of accredited institutions of higher education, or in the employ of local, state or federal government; and
4. Members of clergy.
B. The Licensed Professional Counselors Act shall not be construed to allow the practice of any of the professions specified in subsection A of this section by a licensed professional counselor unless said licensed professional counselor is also licensed or accredited by an appropriate agency, institution or board.
C. The activities and services of a person in the employ of a private, nonprofit behavioral services provider contracting with the state to provide behavioral services with the state shall be exempt from licensure as a Licensed Professional Counselor if such activities and services are a part of the official duties of such person with the private nonprofit agency.
1. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
a. psychologist, psychology or psychological,
b. licensed social worker,
c. clinical social worker,
d. certified rehabilitation specialist,
e. licensed professional counselor,
f. psychoanalyst, or
g. marital and family therapist.
2. Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the nonprofit agency contracting with the state. Such exemption will not be applicable to any other setting.
3. State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly. The persons exempt under the provisions of this section shall provide services that are consistent with their training and experience. Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.
D. The activities and services of a person in the employ of a private, for-profit behavioral services provider contracting with the state to provide behavioral services to youth and families in the care and custody of the Office of Juvenile Affairs or the Department of Human Services on March 14, 1997, shall be exempt from licensure as a Licensed Professional Counselor if such activities and services are a part of the official duties of such person with the private for-profit contracting agency.
1. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
a. psychologist, psychology or psychological,
b. licensed social worker,
c. clinical social worker,
d. certified rehabilitation specialist,
e. licensed professional counselor,
f. psychoanalyst, or
g. marital and family therapist.
2. Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the for-profit agency contracting with the state. Such exemption shall only be available for ongoing contracts and contract renewals with the same state agency and will not be applicable to any other setting.
3. State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly. The persons exempt under the provisions of this section shall provide services that are consistent with their training and experience. Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.
Added by Laws 1985, c. 145, § 3, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 2, eff. Nov. 1, 1995; Laws 1998, c. 153, § 3, emerg. eff. April 27, 1998; Laws 1998, c. 295, § 3, eff. Nov. 1, 1998.
§59-1904. Oklahoma Licensed Professional Counselors Advisory Board.
A. 1. There is hereby created the "Oklahoma Licensed Professional Counselors Advisory Board" whose duty shall be to advise the Department on the provisions of the Licensed Professional Counselors Act, except as otherwise provided by law.
2. The Advisory Board shall consist of seven (7) members who shall be appointed by the State Commissioner of Health with the advice and consent of the State Board of Health. Five members shall be licensed professional counselors and two members shall be lay persons who are not affiliated with any practice of counseling or delivering of health or mental health services. The Commissioner shall appoint successors for a four-year term.
3. All professional appointees shall be selected from a list of qualified candidates submitted by the Executive Committee of the Oklahoma Counseling Association acting in conjunction with the executive committees of all state professional counseling associations which represent a specialty recognized pursuant to the Licensed Professional Counselors Act.
B. Vacancies occurring in the Advisory Board shall be filled for the unexpired term by appointment of the Commissioner with the advice and consent of the Board from a list of qualified candidates submitted within thirty (30) days of such vacancy by the Executive Committee of the Oklahoma Counseling Association acting in conjunction with the executive committees of all state professional counseling associations which represent a specialty recognized pursuant to the Licensed Professional Counselors Act. Such appointments shall be made within thirty (30) days after the candidates' names have been submitted if possible.
C. Any Advisory Board member may be removed by the Commissioner, after written notice, for incapacity, incompetence, neglect of duty, misfeasance or malfeasance in office.
D. Members of the Advisory Board shall serve without compensation, but shall be reimbursed their actual and necessary travel expenses as provided by the provisions of the State Travel Reimbursement Act.
E. Advisory Board members shall be ineligible for reappointment for a period of three (3) years following completion of their term.
F. The Advisory Board shall hold at least four regular meetings each year. Meetings shall be held at such time and place as the Advisory Board may provide. The Advisory Board shall elect annually the following officers: A chair, a vice-chair, and a secretary. Four members of the Advisory Board shall constitute a quorum.
Added by Laws 1985, c. 145, § 4, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 3, eff. Nov. 1, 1995; Laws 1998, c. 295, § 4, eff. Nov. 1, 1998.
§59-1905. Duties and responsibilities of State Board of Health and State Commissioner of Health.
A. The State Board of Health shall, giving regard to the recommendations of the Oklahoma Licensed Professional Counselors Advisory Board:
1. Prescribe, adopt and promulgate rules to implement and enforce the provisions of the Licensed Professional Counselors Act;
2. Adopt and establish rules of professional conduct; and
3. Set license and examination fees as required by the Licensed Professional Counselors Act.
B. The State Department of Health shall, giving regard to the recommendations of the Advisory Board, have the authority to:
1. Seek injunctive relief;
2. Request the district attorney to bring an action to enforce the provisions of the Licensed Professional Counselors Act;
3. Receive fees and deposit said fees into the Licensed Professional Counselors Revolving Fund as required by the Licensed Professional Counselors Act;
4. Issue, renew, revoke, deny, suspend and place on probation licenses to practice professional counseling pursuant to the provisions of the Licensed Professional Counselors Act;
5. Examine all qualified applicants for licenses to practice professional counseling;
6. Investigate complaints and possible violations of the Licensed Professional Counselors Act;
7. Accept grants and gifts from various foundations and institutions; and
8. Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Licensed Professional Counselors Act.
Added by Laws 1985, c. 145, § 5, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 4, eff. Nov. 1, 1995; Laws 1998, c. 295, § 5, eff. Nov. 1, 1998.
§59-1906. License - Application - Form and manner - Fee - Qualifications.
A. Applications for a license to practice as a licensed professional counselor shall be made to the State Department of Health in writing. Such applications shall be on a form and in a manner prescribed by the Commissioner of Health. The application shall be accompanied by the fee required by the Licensed Professional Counselors Act, which shall be retained by the Department and not returned to the applicant.
B. Each applicant for a license to practice as a licensed professional counselor shall:
1. Be possessed of good moral character;
2. Pass an examination based on standards promulgated by the State Board of Health pursuant to the Licensed Professional Counselors Act;
3. Be at least twenty-one (21) years of age;
4. Not have engaged in, nor be engaged in, any practice or conduct which would be grounds for denying, revoking or suspending a license pursuant to this title; and
5. Otherwise comply with the rules promulgated by the Board pursuant to the provisions of the Licensed Professional Counselors Act.
C. In addition to the qualifications specified by the provisions of subsection B of this section, an applicant for a license to practice as a licensed professional counselor shall have:
1. Successfully completed at least sixty (60) graduate semester hours (ninety (90) graduate quarter hours) of counseling-related course work. These sixty (60) hours shall include at least a master's degree in a counseling field. All courses and degrees shall be earned from a regionally accredited college or university. The State Board of Health shall define what course work qualifies as "counseling-related" and what degrees/majors qualify as a "counseling field"; and
2. Three (3) years of supervised full-time experience in professional counseling subject to the supervision of a licensed professional counselor pursuant to conditions established by the Board. One (1) or two (2) years of experience may be gained at the rate of one (1) year for each thirty (30) graduate semester hours earned beyond the master's degree, provided that such hours are clearly related to the field of counseling and are acceptable to the Board. The applicant shall have no less than one (1) year of supervised full-time experience in counseling.
Added by Laws 1985, c. 145, § 6, eff. Sept. 1, 1985. Amended by Laws 1986, c. 92, § 1, emerg. eff. April 3, 1986; Laws 1995, c. 167, § 5, eff. Nov. 1, 1995; Laws 1998, c. 295, § 6, eff. Nov. 1, 1998; Laws 2000, c. 53, § 1, emerg. eff. April 14, 2000.
§59-1907. Examinations.
A. 1. Examinations shall be held at such times, at such place and in such manner as the Commissioner of Health directs. An examination shall be held at least annually. The State Department of Health shall determine the acceptable grade on examinations. The examination shall cover such technical, professional and practical subjects as relate to the practice of professional counseling.
2. If an applicant fails to pass the examinations, the applicant may reapply.
B. The Commissioner shall preserve answers to any examination, and the applicant's performance on each section, as part of the records of the Department for a period of two (2) years following the date of the examination.
Added by Laws 1985, c. 145, § 7, eff. Sept. 1, 1985. Amended by Laws 1998, c. 295, § 7, eff. Nov. 1, 1998; Laws 2000, c. 53, § 2, emerg. eff. April 14, 2000.
§59-1908. Issuance of license - Expiration - Renewal - Suspension - Retirement.
A. An applicant who meets the requirements for licensure pursuant to the provisions of the Licensed Professional Counselors Act, has paid the required license fees and has otherwise complied with the provisions of the Licensed Professional Counselors Act shall be licensed by the State Department of Health.
B. Each initial license issued pursuant to the Licensed Professional Counselors Act shall expire twenty-four (24) months from the date of issuance unless revoked. A license may be renewed annually upon application and payment of fees. The application for renewal shall be accompanied by evidence satisfactory to the Department that the applicant has completed relevant professional or continued educational experience during the previous twenty-four (24) months. Failure to renew a license shall result in forfeiture of the rights and privileges granted by the license. A person whose license has expired may make application within one (1) year following the expiration in writing to the Department requesting reinstatement in a manner prescribed by the Department and payment of the fees required by the provisions of the Licensed Professional Counselors Act. The license of a person whose license has expired for more than one (1) year shall not be reinstated. A person may reapply for a new license as provided in Section 1906 of this title.
C. A licensed professional counselor whose license is current and in good standing, who wishes to retire the license, may do so by informing the Department in writing and returning the license to the Office of Licensed Professional Counselors. A license so retired shall not be reinstated but does not prevent a person from applying for a new license at a future date.
Added by Laws 1985, c. 145, § 8, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 6, eff. Nov. 1, 1995; Laws 1998, c. 295, § 8, eff. Nov. 1, 1998; Laws 2000, c. 53, § 3, emerg. eff. April 14, 2000.
§59-1909. Licenses by endorsement.
The Commissioner of Health shall have the power to issue a license by endorsement to an applicant licensed in another state to practice as a licensed professional counselor if the Commissioner deems such applicant to have qualifications comparable to those required under the Licensed Professional Counselors Act and if the Commissioner finds the applicant meets the standards, provided by rules, for license by endorsement.
Added by Laws 1985, c. 145, § 9, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 7, eff. Nov. 1, 1995; Laws 2000, c. 53, § 4, emerg. eff. April 14, 2000.
§591910. Information acquired in professional capacity Disclosure Privileges and immunities Court proceeding.
A. No person licensed pursuant to the provisions of the Licensed Professional Counselors Act shall knowingly and willfully disclose any information the licensee may have acquired from persons consulting the licensee in his professional capacity as a professional counselor or be compelled to disclose such information except:
1. With the written consent of the client, or in the case of death or disability of the client, the consent of his personal representative or other person authorized to sue or the beneficiary of any insurance policy on his life, health or physical condition;
2. If the person is a child under the age of eighteen (18) years and the information acquired by the licensed person indicated that the child was the victim or subject of a crime, the licensed person may be required to testify fully in relation thereto upon an examination, trial or other proceeding in which the commission of such a crime is a subject of inquiry;
3. If the client waives the privilege by bringing charges against the licensed person;
4. When failure to disclose such information presents a danger to the health of any person; or
5. If the licensed professional counselor is a party to a civil, criminal or disciplinary action arising from such therapy, in which case any waiver of the privilege accorded by this section shall be limited to that action.
B. No information shall be treated as privileged and there shall be no privileges created by the Licensed Professional Counselors Act as to any information acquired by the person licensed pursuant to the Licensed Professional Counselors Act when such information pertains to criminal acts or violation of any law.
C. The Licensed Professional Counselors Act shall not be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, battery or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of this client.
Added by Laws 1985, c. 145, § 10, eff. Sept. 1, 1985. Amended by Laws 1998, c. 295, § 9, eff. Nov. 1, 1998; Laws 2002, c. 100, § 1, emerg. eff. April 19, 2002.
§591911. Failure to comply with act Penalties.
A. Any person who:
1. Represents himself or herself by the title "Licensed Professional Counselor" or "LPC" without having first complied with the provisions of the Licensed Professional Counselors Act;
2. Otherwise offers to perform counseling services;
3. Uses the title of Licensed Professional Counselor or any other name, style or description denoting that the person is licensed as a licensed professional counselor; or
4. Practices counseling,
upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and in addition may be imprisoned for a term not to exceed six (6) months in the county jail or by both such fine and imprisonment.
B. It shall be unlawful for any person who is not licensed or supervised pursuant to or specifically exempt from the provisions of the Licensed Professional Counselors Act to:
1. Advertise or otherwise offer to perform counseling services;
2. Use the title of Licensed Professional Counselor or any other name, style or description denoting that the person is licensed as a licensed professional counselor; or
3. Practice counseling.
Such action shall be subject to injunctive action by the Commissioner of Health.
Added by Laws 1985, c. 145, § 11, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 8, eff. Nov. 1, 1995; Laws 2000, c. 53, § 5, emerg. eff. April 14, 2000.
§59-1912. Denial, revocation, suspension or probation of license.
A. The Department may deny, revoke, suspend or place on probation any license or specialty designation issued pursuant to the provisions of the Licensed Professional Counselors Act to a licensed professional counselor, if the person has:
1. Been convicted of a felony;
2. Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice counseling;
3. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act;
4. Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself as a licensed professional counselor in this state;
5. Engaged in unprofessional conduct as defined by the rules established by the Board;
6. Engaged in negligence or wrongful actions in the performance of his duties; or
7. Misrepresented any information required in obtaining a license.
B. No license or specialty designation shall be suspended or revoked, nor a licensed professional counselor placed on probation until notice is served upon the licensed professional counselor and a hearing is held in conformity with Article II of the Administrative Procedures Act.
Added by Laws 1985, c. 145, § 12, eff. Sept. 1, 1985. Amended by Laws 1998, c. 295, § 10, eff. Nov. 1, 1998.
§59-1913. Repealed by Laws 1995, c. 167, § 16, eff. Nov. 1, 1995.
§59-1913.1. Rules and orders - Penalty.
A. The State Board of Health shall promulgate rules governing any licensure action to be taken pursuant to the Licensed Professional Counselors Act which shall be consistent with the requirements of notice and hearing under the Administrative Procedures Act. No action shall be taken without prior notice unless the State Commissioner of Health determines that there exists a threat to the health and safety of the residents of Oklahoma.
B. 1. Any person who is determined by the State Department of Health to have violated any provision of the Licensed Professional Counselors Act, or any rule promulgated or order issued pursuant thereto, may be subject to an administrative penalty.
2. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00).
3. Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.
4. All administrative penalties collected shall be deposited into the Licensed Professional Counselors Revolving Fund.
Added by Laws 1995, c. 167, § 9, eff. Nov. 1, 1995. Amended by Laws 1998, c. 295, § 11, eff. Nov. 1, 1998.
§591914. Application of Administrative Procedures Act.
The hearings provided for by the Licensed Professional Counselors Act shall be conducted in conformity with, and records made thereof as provided by, the provisions of Sections 301 through 325 of Title 75 of the Oklahoma Statutes.
Added by Laws 1985, c. 145, § 14, eff. Sept. 1, 1985.
§59-1915. Repealed by Laws 1995, c. 167, § 16, eff. Nov. 1, 1995.
§59-1915.1. Exemption from education requirements.
On or before January 1, 2000, any person holding a valid license as a Licensed Professional Counselor shall be exempt from the revised education requirements of Section 1906 of this title.
Added by Laws 1995, c. 167, § 10, eff. Nov. 1, 1995. Amended by Laws 1998, c. 295, § 12, eff. Nov. 1, 1998.
§59-1916. Repealed by Laws 1995, c. 167, § 16, eff. Nov. 1, 1995.
§59-1916.1. Statement of Professional Disclosure - Copy to be furnished to client.
All licensed professional counselors, except those employed by federal, state, or local governmental agencies, shall, prior to the performance of service, furnish the client with a copy of the Statement of Professional Disclosure as promulgated by rule of the State Board of Health. A current copy shall be on file with the State Department of Health at all times.
Added by Laws 1995, c. 167, § 11, eff. Nov. 1, 1995. Amended by Laws 1998, c. 295, § 13, eff. Nov. 1, 1998.
§591917. Specialty designation.
A. A professional specialty designation area may be established by the State Department of Health upon receipt of a petition signed by fifteen qualified persons who are currently licensed as licensed professional counselors, and who meet the recognized minimum standards as established by appropriate nationally recognized certification agencies; provided, if a nationally recognized certification does not exist, the Department may establish minimum standards for specialty designations.
B. Upon receipt of credentials from the appropriate certification agency, the Department may grant the licensed professional counselor the appropriate specialty designation. The licensed professional counselor may attain specialty designation through examination. A licensed professional counselor shall not claim or advertise a counseling specialty and shall not incorporate the specialty designation into the professional title of such licensed professional counselor, unless the qualifications and certification requirements of that specialty have been met and have been approved by the Department and the appropriate certification agency.
Added by Laws 1985, c. 145, § 17, eff. Sept. 1, 1985. Amended by Laws 1995, c. 167, § 12, eff. Nov. 1, 1995; Laws 1998, c. 295, § 14, eff. Nov. 1, 1998; Laws 2000, c. 53, § 6, emerg. eff. April 14, 2000.
§591918. Licensed Professional Counselors Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Board of Licensed Professional Counselors, to be designated the "Licensed Professional Counselors Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to this act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Health to meet expenses necessary for carrying out the purpose of the Licensed Professional Counselors Act. Expenditures from said fund shall be approved by the Commissioner and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1985, c. 145, § 18, eff. Sept. 1, 1985.
§591919. License fee and annual renewal fee Fixing amount.
A. The licensing fee and the annual renewal fee shall be amounts fixed by the State Board of Health upon recommendations of the Oklahoma Licensed Professional Counselors Advisory Board.
B. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Licensed Professional Counselors Act and so that there are no unnecessary surpluses in the Licensed Professional Counselors Revolving Fund.
C. The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
D. 1. The fee for the issuance of a license to replace a license which was lost, destroyed or mutilated shall be Twentyfive Dollars ($25.00).
2. The fee shall accompany the application for a replacement license.
3. The fee for specialty designation shall not exceed One Hundred Fifty Dollars ($150.00).
4. The fee for an examination required pursuant to the Licensed Professional Counselors Act shall not exceed the Department's actual costs for holding and grading the examination.
Added by Laws 1985, c. 145, § 19, eff. Sept. 1, 1985. Amended by Laws 1998, c. 295, § 15, eff. Nov. 1, 1998; Laws 2000, c. 53, § 7, emerg. eff. April 14, 2000.
§591920. Reimbursement under health insurance and nonprofit hospital or medical service plan not required.
Nothing in this act shall be construed to require reimbursement under the policies of health insurers and nonprofit hospital or medical service plans unless the contract specifically calls for reimbursement to licensed professional counselors.
Added by Laws 1985, c. 145, § 20, eff. Sept. 1, 1985.
§59-1925.1. Short title.
Chapter 44A of this title shall be known and may be cited as the "Marital and Family Therapist Licensure Act".
Added by Laws 1990, c. 166, § 1, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 16, eff. Nov. 1, 1998.
§59-1925.2. Definitions.
For purposes of the Marital and Family Therapist Licensure Act:
1. "Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign, or device to any person; or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio or television, or by advertising by any other means designed to secure public attention;
2. "Board" means the State Board of Health;
3. "Commissioner" means the State Commissioner of Health;
4. "Advisory Board" means the Oklahoma Licensed Marital and Family Therapist Advisory Board appointed by the State Board of Health;
5. "Department" means the State Department of Health;
6. "Licensed marital and family therapist" means a person holding a current license issued pursuant to the provisions of the Marital and Family Therapist Licensure Act;
7. "Marital and family therapy" means the assessment, diagnosis and treatment of disorders, whether cognitive, affective, or behavioral, within the context of marital and family systems. Marital and family therapy involves the professional application of family systems theories and techniques in the delivery of services to individuals, marital pairs, and families for the purpose of treating such disorders;
8. "Person" means any individual, firm, corporation, partnership, organization or body politic;
9. "Practice of marital and family therapy" means the rendering of professional marital and family therapy services to individuals, family groups and marital pairs, singly or in groups, whether such services are offered directly to the general public or through organizations either public or private, for a fee, monetary or otherwise;
10. "Recognized educational institution" means a regionally accredited college or university recognized by the United States Department of Education;
11. "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, calling cards or other instruments of professional identification; and
12. "Licensed marital and family therapist candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as set forth in Section 1925.6 of this title.
Added by Laws 1990, c. 166, § 2, eff. Jan. 1, 1991. Amended by Laws 1995, c. 167, § 13, eff. Nov. 1, 1995; Laws 1998, c. 295, § 17, eff. Nov. 1, 1998.
§59-1925.3. Application to other professionals - Exemptions.
A. The Marital and Family Therapist Licensure Act shall not be construed to apply to the following professionals while acting within the scope of their respective professions:
1. Social workers;
2. Licensed professional counselors;
3. Psychiatric nurses;
4. Psychologists;
5. Physicians;
6. Attorneys;
7. Members of the clergy who are in good standing with their denominations;
8. Christian Science practitioners;
9. Certified alcohol-drug counselors;
10. School administrators;
11. School counselors certified by the State Department of Education; or
12. Employees of a recognized academic institution, and employees of a federal, state, county or local governmental institution or agency while performing those duties for which employed by such institution or agency or facility.
B. The activities and services of a person in the employ of a private, nonprofit behavioral services provider contracting with the state to provide behavioral services with the state shall be exempt from licensure as a Licensed Marital and Family Therapist if such activities and services are a part of the official duties of such person with the private nonprofit agency. No such person shall use the title or description stating or implying that such person is a licensed marital and family therapist.
1. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
a. psychologist, psychology or psychological,
b. licensed social worker,
c. clinical social worker,
d. certified rehabilitation specialist,
e. licensed professional counselor,
f. psychoanalyst, or
g. marital and family therapist.
2. Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the nonprofit agency contracting with the state. Such exemption will not be applicable to any other setting.
3. State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly. The persons exempt under the provisions of this section shall provide services that are consistent with their training and experience. Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.
C. The activities and services of a person in the employ of a private, for-profit behavioral services provider contracting with the state to provide behavioral services to youth and families in the care and custody of the Office of Juvenile Affairs or the Department of Human Services on March 14, 1997, shall be exempt from licensure as a Licensed Marital and Family Therapist if such activities and services are a part of the official duties of such person with the private for-profit contracting agency.
1. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
a. psychologist, psychology or psychological,
b. licensed social worker,
c. clinical social worker,
d. certified rehabilitation specialist,
e. licensed professional counselor,
f. psychoanalyst, or
g. marital and family therapist.
2. Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the for-profit agency contracting with the state. Such exemption shall only be available for ongoing contracts and contract renewals with the same state agency and will not be applicable to any other setting.
3. State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly. The persons exempt under the provisions of this section shall provide services that are consistent with their training and experience. Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.
Added by Laws 1990, c. 166, § 3, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 18, eff. Nov. 1, 1998.
§59-1925.4. Oklahoma Licensed Marital and Family Therapist Advisory Board - Members - Qualifications - Terms - Vacancies - Removal - Meetings - Quorum.
A. 1. There is hereby created the "Oklahoma Licensed Marital and Family Therapist Advisory Board" whose duty shall be to advise in administering the provisions of the Marital and Family Therapist Licensure Act, except as otherwise provided by law.
2. The Advisory Board shall consist of seven (7) members who shall be appointed by the State Commissioner of Health with the advice and consent of the State Board of Health. Five members shall be licensed marital and family therapists who shall each have been for at least five (5) years immediately preceding appointment actively engaged as marital and family therapists in rendering professional services in marital and family therapy, or in rendering services in marital and family therapy as members of the clergy, who are in good standing in their denominations, or in the education and training of master's, doctoral or post-doctoral students of marital and family therapy, or in marital and family therapy research, and shall have spent the majority of the time devoted to such activity during the two (2) years preceding appointment to the Advisory Board. Two members shall be lay persons who are not affiliated with any practice of marital and family therapy.
3. All appointees shall be residents of the State of Oklahoma. Except for the lay members, the Commissioner shall select the first appointees from a list of qualified candidates submitted by the executive committees of state marital and family therapists' associations. The other members of the first Advisory Board shall serve the following terms: One member for one (1) year, two members for two (2) years, two members for three (3) years and one member for four (4) years. Thereafter, at the expiration of the term of each member, the Commissioner shall appoint a successor for four (4) years. All appointees other than the lay members shall be selected from a list of qualified candidates submitted by the executive committees of all marital and family therapists associations in this state which represent a specialty recognized pursuant to the provisions of the Marital and Family Therapist Licensure Act.
B. Vacancies occurring on the Advisory Board shall be filled for the unexpired term by appointment of the Commissioner with the advice and consent of the Board from a list of qualified candidates submitted within thirty (30) days of such vacancy by the executive committees of all marital and family therapists associations in this state which represent a specialty recognized pursuant to the provisions of the Marital and Family Therapist Licensure Act. Such appointments shall be made within thirty (30) days after the candidates' names have been submitted if possible.
C. Any Advisory Board member may be removed by the Commissioner, after written notice, for incapacity, incompetence, neglect of duty, misfeasance or malfeasance in office.
D. Members of the Advisory Board shall serve without compensation, but shall be reimbursed their actual and necessary travel expenses pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
E. Advisory Board members shall be ineligible for reappointment for a period of three (3) years following completion of their terms.
F. The Advisory Board shall meet within thirty (30) days after the appointment of its members by the Commissioner. Thereafter the Advisory Board shall hold at least four regular meetings each year. Meetings shall be held at such time and place as the Advisory Board may provide. The Advisory Board shall elect annually the following officers: a chair, a vice-chair, and a secretary. Four members of the Advisory Board shall constitute a quorum.
Added by Laws 1990, c. 166, § 4, eff. Jan. 1, 1991. Amended by Laws 1995, c. 167, § 14, eff. Nov. 1, 1995; Laws 1998, c. 295, § 19, eff. Nov. 1, 1998.
§59-1925.5. Duties of State Board of Health and State Commissioner of Health.
A. The State Board of Health, giving regard to the recommendations of the Oklahoma Licensed Marital and Family Therapist Advisory Board, shall:
1. Prescribe, adopt and promulgate rules to implement and enforce the provisions of the Marital and Family Therapist Licensure Act;
2. Set license and examination fees as required by the Marital and Family Therapist Licensure Act; and
3. Adopt and establish rules of professional conduct.
B. The Department shall have the authority to:
1. Seek injunctive relief;
2. Receive fees and deposit said fees into the Licensed Marital and Family Therapist Revolving Fund as required by the Marital and Family Therapist Licensure Act;
3. Issue, renew, revoke, deny, suspend and place on probation licenses to practice marital and family therapy pursuant to the provisions of the Marital and Family Therapist Licensure Act;
4. Examine all qualified applicants for licenses to practice marital and family therapy;
5. Accept grants and gifts from various foundations and institutions;
6. Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Marital and Family Therapist Licensure Act;
7. Request the district attorney to bring an action to enforce the provisions of the Marital and Family Therapist Licensure Act; and
8. Investigate complaints and possible violations of the Marital and Family Therapist Licensure Act.
Added by Laws 1990, c. 166, § 5, eff. Jan. 1, 1991. Amended by Laws 1995, c. 167, § 15, eff. Nov. 1, 1995; Laws 1998, c. 295, § 20, eff. Nov. 1, 1998.
§59-1925.6. License - Application - Qualifications - Examinations.
A. Applications for a license to practice as a licensed marital and family therapist shall be made to the State Department of Health in writing. Such applications shall be on a form and in a manner prescribed by the Commissioner. The application shall be accompanied by the fee required by Section 1925.18 of this title which shall be retained by the State Department of Health and not returned to the applicant.
B. Each applicant for a license to practice as a licensed marital and family therapist shall:
1. Be possessed of good moral character;
2. Be at least twentyone (21) years of age;
3. Not have engaged in, nor be engaged in, any practice or conduct which would be a grounds for revoking, suspending or placing on probation a license under Section 1925.15 of this title; and
4. Otherwise comply with the rules and regulations promulgated by the Board pursuant to the provisions of the Marital and Family Therapist Licensure Act.
C. In addition to the qualifications specified by the provisions of subsection B of this section any person applying for a license after September 1, 1991, to practice as a licensed marital and family therapist shall have the following educational and experience qualifications:
1. A master's degree or a doctoral degree in marital and family therapy, or a content-equivalent degree as defined by the Board.
2. Successful completion of two (2) calendar years of work experience in marital and family therapy following receipt of a qualifying degree, under supervision in accordance with standards established by the Board.
3. An applicant applying for a license after September 1, 1991, shall also be required to pass a written or oral examination or both written and oral examination administered by the Board if, at the discretion of the Department, such examination is deemed necessary in order to determine the applicant's qualifications for the practice of marital and family therapy.
Added by Laws 1990, c. 166, § 6, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 21, eff. Nov. 1, 1998.
§59-1925.7. Examinations.
A. Examinations shall be held at such times, at such place and in such manner as the State Department of Health directs. An examination shall be held at least annually. Examinations may be written or oral or both written and oral. In any written examination each applicant shall be designated so that such applicant's name shall not be disclosed to the Department until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the Department deems most suitable to test an applicant's knowledge and competence to engage in the practice of marital and family therapy.
B. The Department shall determine the acceptable grade on examinations. If an applicant fails to pass the examinations, the applicant may reapply.
C. The Department shall preserve answers to any examination, and the applicant's performance on each section, as part of the records of the Department for a period of two (2) years following the date of the examination.
Added by Laws 1990, c. 166, § 7, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 22, eff. Nov. 1, 1998; Laws 2000, c. 53, § 8, emerg. eff. April 14, 2000.
§59-1925.8. Issuance of License - Renewal - Reinstatement.
A. An applicant who meets the requirements for licensure required by the provisions of the Marital and Family Therapist Licensure Act, has paid the required license fees and has otherwise complied with the provisions of the Marital and Family Therapist Licensure Act, shall be licensed by the Department.
B. Each initial license issued pursuant to the Marital and Family Therapist Licensure Act shall expire twenty-four (24) months from the date of issuance. A license may be renewed annually upon application and payment of fees. Failure to timely renew a license shall result in expiration of the license and forfeiture of the rights and privileges granted by the license. A person whose license has expired may within one (1) year following the expiration request reinstatement in a manner prescribed by the State Board of Health. The license of a person whose license has expired pursuant to this section for more than one (1) year shall not be reinstated.
Added by Laws 1990, c. 166, § 8, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 23, eff. Nov. 1, 1998; Laws 2000, c. 53, § 9, emerg. eff. April 14, 2000.
§59-1925.9. Reciprocal licenses.
The Commissioner of Health shall have the power to issue, upon application and payment of fees, a license by endorsement for an applicant licensed in another state to practice as a licensed marital and family therapist if the Commissioner deems such applicant to have qualifications equivalent to or which exceed those required pursuant to the provisions of the Marital and Family Therapist Licensure Act and if the Commissioner finds the applicant meets the standards, provided by rule, for license by endorsement.
Added by Laws 1990, c. 166, § 9, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 24, eff. Nov. 1, 1998; Laws 2000, c. 53, § 10, emerg. eff. April 14, 2000.
§59-1925.10. Advertisement, self description or practice of marital or family therapy without license.
Commencing September 1, 1991, no person who is not licensed under this act shall:
1. Advertise the performance of marital and family therapy service by such person unless pursuant to another professional license in accordance with Oklahoma Statutes;
2. Use a title or description such as "licensed marital or family therapist", or any other name, style or description denoting that the person is a licensed marital and family therapist; or
3. Practice marital and family therapy except as provided for in subsection B of Section 3 of this act.
Added by Laws 1990, c. 166, § 10, eff. Jan. 1, 1991.
§59-1925.11. Confidentiality - Exceptions - Professional privilege - Court testimony.
A. No person licensed pursuant to the provisions of the Marital and Family Therapist Licensure Act as a marital and family therapist, nor any of his employees or associates, shall be required to disclose any information which he may have acquired in rendering marital and family therapy services, except when:
1. Authorized by other state laws;
2. Failure to disclose such information presents a clear and present danger to the health or safety of any person;
3. The marital and family therapist is a party defendant to a civil, criminal or disciplinary action arising from such therapy in which case any waiver of the privilege accorded by this section shall be limited to that action;
4. The patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process and/or right to present testimony and witnesses in his own behalf; or
5. A patient agrees to waiver of the privilege accorded by this section, in the case of death or disability of the patient, the consent of his personal representative or other person authorized to sue or the beneficiary of any insurance policy on his life, health or physical condition. In circumstances where more than one person in a family is receiving therapy, each such family member must agree to the waiver. Absent such a waiver from each family member, a marital and family therapist shall not disclose information received from any family member.
B. No information shall be treated as privileged and there shall be no privileges created by the Marital and Family Therapist Licensure Act as to any information acquired by the person licensed pursuant to the Marital and Family Therapist Licensure Act when such information pertains to criminal acts or violation of any law.
C. The Marital and Family Therapist Licensure Act shall not be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, battery or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of his client.
Added by Laws 1990, c. 166, § 11, eff. Jan. 1, 1991.
§59-1925.12. Alimony or divorce actions - Custody actions - Testimony by therapist.
If both parties to a marriage have obtained marital and family therapy by a licensed marital and family therapist, the therapist shall not be competent to testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship unless a party relies on such information as an element of his claim or defense in such an action, or said information is gathered as a result of a courtordered examination. This section shall not apply to custody actions.
Added by Laws 1990, c. 166, § 12, eff. Jan. 1, 1991.
§59-1925.13. Repealed by Laws 2000, c. 53, § 24, emerg. eff. April 14, 2000.
§59-1925.14. Application of Administrative Procedures Act.
The hearings provided for by the Marital and Family Therapist Licensure Act shall be conducted in conformity with, and records made thereof as provided by, the provisions of the Administrative Procedures Act.
Added by Laws 1990, c. 166, § 14. eff. Jan. 1, 1991.
§59-1925.15. Denial, revocation, suspension or probation of license.
A. The State Department of Health may deny, revoke, suspend or place on probation any license issued subject to the provisions of the Marital and Family Therapist Licensure Act, if the person has:
1. Been convicted of a felony;
2. Been convicted of a crime the Commissioner determines after a hearing to be of such a nature as to render the person convicted unfit to practice marital and family therapy;
3. Violated ethical standards of such a nature as to render the person found by the Commissioner to have engaged in such violation unfit to practice marital and family therapy;
4. Misrepresented any information required in obtaining a license;
5. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of the Marital and Family Therapist Licensure Act;
6. Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself or herself as a licensed marital and family therapist in this state;
7. Engaged in unprofessional conduct as defined by the rules promulgated by the State Board of Health; or
8. Engaged in negligence or wrongful actions in the performance of the duties of such person.
B. No license shall be suspended, revoked or placed on probation until notice is served upon the licensed marital and family therapist and a hearing is held in such manner as is required by the Marital and Family Therapist Licensure Act.
C. Any person who is determined by the Department to have violated any of the provisions of the Marital and Family Therapist Licensure Act or any rule promulgated or order issued pursuant thereto may be subject to an administrative penalty. The maximum fine shall not exceed Ten Thousand Dollars ($10,000.00). All administrative penalties collected pursuant to the Marital and Family Therapist Licensure Act shall be deposited into the Licensed Marital and Family Therapist Revolving Fund. Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.
Added by Laws 1990, c. 166, § 15, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 25, eff. Nov. 1, 1998; Laws 2000, c. 53, § 11, emerg. eff. April 14, 2000.
§59-1925.16. False representation as licensed marital and family therapist - Penalty - Injunction.
A. Any person who represents himself or herself by the title "licensed marital and family therapist" or any designation representing such person to be a licensed marital and family therapist without having first complied with the provisions of the Marital and Family Therapist Licensure Act, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and in addition may be imprisoned for a term not to exceed six (6) months in the county jail or by both such fine and imprisonment.
B. The Commissioner may also proceed in district court to enjoin and restrain any unlicensed person from violating the Marital and Family Therapist Licensure Act.
Added by Laws 1990, c. 166, § 16, eff. Jan. 1, 1991. Amended by Laws 2000, c. 53, § 12, emerg. eff. April 14, 2000.
§59-1925.17. Licensed Marital and Family Therapist Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Licensed Marital and Family Therapist Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to the provisions of the Marital and Family Therapist Licensure Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Health to meet expenses necessary for carrying out the purpose of the Marital and Family Therapist Licensure Act. Expenditures from said fund shall be approved by the Commissioner and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1990, c. 166, § 17, eff. Jan. 1, 1991.
§59-1925.18. License fee and annual renewal fee - Fixing by Board.
A. The licensing fee and the annual renewal fee shall be amounts fixed by the State Board of Health upon recommendations of the Licensed Marital and Family Therapist Advisory Board.
B. 1. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Marital and Family Therapist Licensure Act and so that there are no unnecessary surpluses in the Licensed Marital and Family Therapist Revolving Fund.
2. The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
3. The fee for the issuance of a license to replace a license which was lost, destroyed or mutilated shall be Twentyfive Dollars ($25.00).
4. The fee shall accompany the application for a replacement license.
5. The fee for an examination required pursuant to the Marital and Family Therapist Licensure Act shall not exceed the actual costs incurred by the Department for holding and grading the examinations.
Added by Laws 1990, c. 166, § 18, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 26, eff. Nov. 1, 1998; Laws 2000, c. 53, § 13, emerg. eff. April 14, 2000.
§59-1930. Short title.
This act shall be identified as Chapter 44B of Title 59 of the Oklahoma Statutes and shall be known and may be cited as the "Licensed Behavioral Practitioner Act".
Added by Laws 1999, c. 133, § 1, emerg. eff. April 28, 1999.
§59-1931. Definitions.
For the purpose of the Licensed Behavioral Practitioner Act:
1. "Advisory Board" means the Oklahoma Licensed Behavioral Practitioners Advisory Board appointed by the State Commissioner of Health;
2. "Behavioral health services" means the application of the scientific components of psychological and mental health principles in order to:
a. facilitate human development and adjustment throughout the life span,
b. prevent, diagnose, or treat mental, emotional, or behavioral disorders or associated distress which interfere with mental health,
c. conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, and
d. plan, implement, or evaluate treatment plans using behavioral treatment interventions;
3. "Behavioral treatment interventions" means the application of empirically validated treatment modalities, including, but not limited to, operant and classical conditioning techniques, adherence/compliance methods, habit reversal procedures, cognitive behavior therapy, biofeedback procedures and parent training. Such interventions are specifically implemented in the context of a professional therapeutic relationship;
4. "Board" means the State Board of Health;
5. "Commissioner" means the Commissioner of Health;
6. "Consulting" means interpreting or reporting scientific fact or theory in behavioral health to provide assistance in solving current or potential problems of individuals, groups, or organizations;
7. "Department" means the State Department of Health;
8. "Licensed behavioral practitioner" or "LBP" means any person who offers professional behavioral health services to any person and is licensed pursuant to the provisions of the Licensed Behavioral Practitioner Act. The term shall not include those professions exempted by Section 1932 of this title;
9. "Licensed behavioral practitioner candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in Section 1935 of this title;
10. "Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists;
11. "Research activities" means reporting, designing, conducting, or consulting on research in behavioral health services;
12. "Specialty" means the designation of a subarea of behavioral practice that is recognized by a national certification agency or by the Board; and
13. "Supervisor" means a person who meets the requirements established by the Board.
Added by Laws 1999, c. 133, § 2, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 14, emerg. eff. April 14, 2000.
§59-1932. Professions excluded from application of act - Practice of other professions by LBP forbidden - Exemptions from licensure requirements.
A. The Licensed Behavioral Practitioner Act shall not be construed to include the pursuits of the following professionals acting within the scope of their duties as such professionals, nor shall the title "Licensed Behavioral Practitioner" or "LBP" be used by such professionals:
1. Physicians, psychologists, social workers, licensed professional counselors, marital and family therapists, and attorneys, who are licensed by their respective licensing authorities;
2. Rehabilitation counselors, vocational evaluation specialists, psychiatric and mental health nurses, alcohol and drug counselors, school administrators, school teachers, and school counselors, who are certified by their respective certifying authorities;
3. Persons in the employ of accredited institutions of higher education, or in the employ of local, state, or federal government; and
4. Members of the clergy and lay pastoral counselors.
B. The Licensed Behavioral Practitioner Act shall not be construed to allow the practice of any of the professions specified in subsection A of this section by a licensed behavioral practitioner unless the licensed behavioral practitioner is also licensed or accredited by an appropriate agency, institution, or board.
C. 1. The activities and services of a person in the employ of a private nonprofit behavioral services provider contracting with the state to provide behavioral services with the state shall be exempt from licensure as a Licensed Behavioral Practitioner if such activities and services are a part of the official duties of such person with the private nonprofit agency.
2. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
a. psychologist, psychology, or psychological,
b. licensed social worker,
c. clinical social worker,
d. certified rehabilitation specialist,
e. licensed professional counselor,
f. psychoanalyst,
g. marital and family therapist, or
h. licensed behavioral practitioner.
3. Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the nonprofit agency contracting with the state. Such exemption will not be applicable to any other setting.
4. State agencies contracting to provide behavioral health services shall strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly.
5. The persons exempt under the provisions of this subsection shall provide services that are consistent with their training and experience.
6. Agencies shall also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.
D. 1. The activities and services of a person in the employ of a private for-profit behavioral services provider contracting with the state to provide behavioral services to youth and families in the care and custody of the Office of Juvenile Affairs or the Department of Human Services on March 14, 1997, shall be exempt from licensure as a Licensed Behavioral Practitioner if such activities and services are a part of the official duties of such person with the private for-profit contracting agency.
2. Any person who is unlicensed and operating pursuant to the exemptions specified in this subsection shall not use any of the following official titles or descriptions:
a. psychologist, psychology, or psychological,
b. licensed social worker,
c. clinical social worker,
d. certified rehabilitation specialist,
e. licensed professional counselor,
f. psychoanalyst,
g. marital and family therapist, or
h. licensed behavioral practitioner.
3. Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the for-profit agency contracting with the state. Such exemption shall only be available for ongoing contracts and contract renewals with the same state agency and will not be applicable to any other setting.
4. State agencies contracting to provide behavioral health services shall strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly.
5. The persons exempt under the provisions of this section shall provide services that are consistent with their training and experience.
6. Agencies shall also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.
Added by Laws 1999, c. 133, § 3, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 15, emerg. eff. April 14, 2000.
§59-1933. Oklahoma Licensed Behavioral Practitioners Advisory Board - Members - Qualifications - Vacancies.
A. There is hereby created the "Oklahoma Licensed Behavioral Practitioners Advisory Board" whose duty shall be to advise the State Department of Health on the provisions of the Licensed Behavioral Practitioner Act, except as otherwise provided by law.
B. 1. The Advisory Board shall consist of seven (7) members who shall be appointed by the State Commissioner of Health, with the advice and consent of the State Board of Health, as follows:
a. two members for a term ending June 30, 2004,
b. two members for a term ending June 30, 2005,
c. two members for a term ending June 30, 2006, and
d. one member for a term ending June 30, 2007.
Upon expiration of such terms, the Commissioner shall appoint successors for four-year terms.
2. Four members shall be licensed behavioral practitioners; provided, initial behavioral practitioner appointees shall not be required to be licensed under the Licensed Behavioral Practitioner Act before the end of the first year that the license is available. One member shall be a licensed mental health professional other than a licensed behavioral practitioner, and two members shall be lay persons who are not affiliated with any practice of behavioral health service delivery or the delivering of health or mental health services.
3. All professional appointees shall be selected from a list of qualified candidates submitted by the Executive Board of the North American Association of Masters in Psychology acting in conjunction with the executive committees of all state professional behavioral health associations which represent a specialty recognized pursuant to the Licensed Behavioral Practitioner Act.
C. Vacancies occurring in the Advisory Board shall be filled for the unexpired term by appointment by the Commissioner, with the advice and consent of the Oklahoma State Board of Health, from a list of qualified candidates submitted within thirty (30) days of such vacancy by the Executive Board of the North American Association of Masters in Psychology acting in conjunction with the executive committees of all state professional behavioral health associations which represent a specialty recognized pursuant to the Licensed Behavioral Practitioner Act. Such appointments shall be made within thirty (30) days after the candidates' names have been submitted if possible.
D. Any Advisory Board member may be removed by the Commissioner, after written notice, for incapacity, incompetence, neglect of duty, or misfeasance or malfeasance in office.
E. Members of the Advisory Board shall serve without compensation, but shall be reimbursed their actual and necessary travel expenses as provided by the provisions of the State Travel Reimbursement Act.
F. Advisory Board members shall be ineligible for reappointment for a period of three (3) years following completion of a term.
G. The Advisory Board shall hold at least four regular meetings each year. Meetings shall be held at such time and place as the Advisory Board may provide. The Advisory Board shall elect annually the following officers: A chair, a vice-chair, and a secretary. Four members of the Advisory Board shall constitute a quorum.
Added by Laws 1999, c. 133, § 4, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 16, emerg. eff. April 14, 2000; Laws 2004, c. 523, § 14, emerg. eff. June 9, 2004.
§59-1934. Powers of State Board of Health.
A. The State Board of Health shall, giving regard to the recommendations of the Oklahoma Licensed Behavioral Practitioners Advisory Board:
1. Prescribe, adopt, and promulgate rules to implement and enforce the provisions of the Licensed Behavioral Practitioner Act;
2. Adopt and establish rules of professional conduct; and
3. Set license and examination fees as required by the Licensed Behavioral Practitioner Act.
B. The State Department of Health shall, giving regard to the recommendations of the Advisory Board, have the authority to:
1. Seek injunctive relief;
2. Request the district attorney to bring an action to enforce the provisions of the Licensed Behavioral Practitioner Act;
3. Receive fees and deposit the fees into the Licensed Behavioral Practitioners Revolving Fund as required by the Licensed Behavioral Practitioner Act;
4. Issue, renew, revoke, deny, suspend and place on probation licenses to practice behavioral health pursuant to the provisions of the Licensed Behavioral Practitioner Act;
5. Examine all qualified applicants for licenses to practice behavioral health;
6. Investigate complaints and possible violations of the Licensed Behavioral Practitioner Act;
7. Accept grants and gifts from various foundations and institutions; and
8. Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Licensed Behavioral Practitioner Act.
Added by Laws 1999, c. 133, § 5, emerg. eff. April 28, 1999.
§59-1935. Application for license - Qualifications - Educational requirements.
A. Applications for a license to practice as a licensed behavioral practitioner shall be made to the State Department of Health in writing. Such applications shall be on a form and in a manner prescribed by the State Commissioner of Health. The application shall be accompanied by the fee required by the Licensed Behavioral Practitioner Act, which shall be retained by the State Department of Health and not returned to the applicant.
B. Each applicant for a license to practice as a licensed behavioral practitioner shall:
1. Be possessed of good moral character;
2. Pass an examination based on standards promulgated by the State Board of Health pursuant to the Licensed Behavioral Practitioner Act;
3. Be at least twenty-one (21) years of age;
4. Not have engaged in, nor be engaged in, any practice or conduct which would be grounds for denying, revoking, or suspending a license pursuant to the Licensed Behavioral Practitioner Act; and
5. Otherwise comply with the rules promulgated by the Board pursuant to the provisions of the Licensed Behavioral Practitioner Act.
C. In addition to the qualifications specified by the provisions of subsection B of this section, an applicant for a license to practice as a licensed behavioral practitioner shall have:
1. Successfully completed at least forty-five (45) graduate semester hours (sixty (60) graduate quarter hours) of behavioral science-related course work. These forty-five (45) hours shall include at least a master's degree from a program in psychology. All course work and degrees shall be earned from a regionally accredited college or university. The State Board of Health shall define what course work qualifies as "behavioral science-related";
2. On or after January 1, 2008, successfully completed at least sixty (60) graduate semester hours (ninety (90) graduate quarter hours) of behavioral science-related course work. These sixty (60) hours shall include at least a master's degree from a program in psychology. All courses shall be earned from a regionally accredited college or university and all degrees shall be earned from a program accredited by the Master's in Psychology Accreditation Council (MPAC), its designees or successors.
The Board shall define what course work qualifies as "behavioral science-related"; and
3. Three (3) years of supervised full-time experience in professional behavioral health services subject to the supervision of a licensed mental health professional pursuant to conditions established by the Board. One (1) or two (2) years of experience may be gained at the rate of one (1) year for each thirty (30) graduate semester hours earned beyond the master's degree, provided that such hours are clearly related to the field of psychology or behavioral sciences and are acceptable to the Board. The applicant shall have no less than one (1) year of supervised full-time experience in behavioral science.
Added by Laws 1999, c. 133, § 6, emerg. eff. April 28, 1999. Amended by Laws 2004, c. 523, § 15, emerg. eff. June 9, 2004.
§59-1936. Examinations.
A. Examinations for licensure shall be held at such times, at such place, and in such manner as the Commissioner of Health directs. The examination shall be held at least annually. The State Department of Health shall determine the acceptable grade on examinations. The examination shall cover such technical, professional, and practical subjects as relate to the practice of behavioral science. If an applicant fails to pass the examination, the applicant may reapply.
B. The Commissioner shall preserve answers to any examination, and the applicant's performance on each section, for a period of two (2) years following the date of the examination.
Added by Laws 1999, c. 133, § 7, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 17, emerg. eff. April 14, 2000.
§59-1937. Issuance of license - Renewal - Forfeiture - Expiration.
A. An applicant who meets the requirements for licensure pursuant to the provisions of the Licensed Behavioral Practitioner Act, has paid the required license fees, and has otherwise complied with the provisions of the Licensed Behavioral Practitioner Act shall be licensed by the State Department of Health.
B. Each initial license issued pursuant to the Licensed Behavioral Practitioner Act shall expire twenty-four (24) months from the date of issuance unless revoked. A license may be renewed upon application and payment of fees. The application for renewal shall be accompanied by evidence satisfactory to the Department that the licensed behavioral practitioner has completed relevant professional or continued educational experience during the previous twenty-four (24) months. Failure to renew a license shall result in forfeiture of the rights and privileges granted by the license. A person whose license has expired may make application within one (1) year following the expiration in writing to the Department requesting reinstatement in a manner prescribed by the Department and payment of the fees required by the provisions of Licensed Behavioral Practitioner Act. The license of a person whose license has expired for more than one (1) year shall not be reinstated. A person may apply for a new license as provided in Section 1935 of this title.
C. A licensed behavioral practitioner whose license is current and in good standing, who wishes to retire the license, may do so by informing the Department in writing and returning the license to the Department. A license so retired shall not be reinstated but retirement of the license shall preclude a person from applying for a new license at a future date.
Added by Laws 1999, c. 133, § 8, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 18, emerg. eff. April 14, 2000.
§59-1938. License by endorsement.
The Commissioner of Health shall have the power to issue a license by endorsement for an applicant licensed in another state to practice as a behavioral practitioner or under similar title if the Commissioner deems such applicant to have qualifications comparable to those required under the Licensed Behavioral Practitioner Act and if the Commissioner finds the applicant meets the standards, provided by rule, for license by endorsement.
Added by Laws 1999, c. 133, § 9, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 19, emerg. eff. April 14, 2000.
§59-1939. Disclosure of information - Exceptions.
A. No person licensed pursuant to the provisions of the Licensed Behavioral Practitioner Act shall disclose any information the licensee may have acquired from persons consulting the licensee in the licensee's professional capacity as a behavioral practitioner or be compelled to disclose such information except:
1. With the written consent of the client, or in the case of death or disability of the client, the consent of the client's personal representative or other person authorized to sue or the beneficiary of any insurance policy on the client's life, health, or physical condition;
2. If the client is a child under the age of eighteen (18) years and the information acquired by the licensed person indicated that the child was the victim or subject of a crime, the licensed person may be required to testify fully in relation thereto upon an examination, trial, or other proceeding in which the commission of such a crime is a subject of the inquiry;
3. If the client waives the privilege by bringing charges against the licensed person;
4. When failure to disclose such information presents a danger to the health of any person; or
5. If the licensed behavioral practitioner is a party to a civil, criminal, or disciplinary action arising from such therapy, in which case any waiver of the privilege accorded by this section shall be limited to that action.
B. No information shall be treated as privileged and there shall be no privileges created by the Licensed Behavioral Practitioner Act as to any information acquired by the person licensed pursuant to the Licensed Behavioral Practitioner Act when such information pertains to criminal acts or violation of any law.
C. The Licensed Behavioral Practitioner Act shall not be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, battery, or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of this client.
Added by Laws 1999, c. 133, § 10, emerg. eff. April 28, 1999.
§59-1940. Representing to be a "Licensed Behavioral Practitioner" or "LBP" - Advertisement or offer to perform behavioral health services without license - Penalties - Injunction.
A. Any person who represents himself or herself by the title "Licensed Behavioral Practitioner" or "LBP" without having first complied with the provisions of the Licensed Behavioral Practitioner Act, or who otherwise offers to perform behavioral health services, or who uses the title of Licensed Behavioral Practitioner or any other name, style, or description denoting that the person is licensed as a behavioral practitioner, or who practices behavioral science, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and in addition may be imprisoned for a term not to exceed six (6) months in the county jail or by both such fine and imprisonment.
B. It shall be unlawful for any person not licensed or supervised pursuant to or specifically exempt from the Licensed Behavioral Practitioner Act to advertise or otherwise offer to perform behavioral health services or to use the title of Licensed Behavioral Practitioner or any other name, style, or description denoting that the person is licensed as a licensed behavioral practitioner, or to practice behavioral science. Such action shall be subject to injunctive action by the State Commissioner of Health.
Added by Laws 1999, c. 133, § 11, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 20, emerg. eff. April 14, 2000.
§59-1941. Denial, revocation, suspension, or placement on probation of license.
A. The State Department of Health may deny, revoke, suspend, or place on probation any license or specialty designation issued pursuant to the provisions of the Licensed Behavioral Practitioner Act to a licensed behavioral practitioner, if the person has:
1. Been convicted of a felony;
2. Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice behavioral health;
3. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act;
4. Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself or herself as a licensed behavioral practitioner in this state;
5. Engaged in unprofessional conduct as defined by the rules established by the State Board of Health;
6. Engaged in negligence or wrongful actions in the performance of the licensee's duties; or
7. Misrepresented any information required in obtaining a license.
B. No license or specialty designation shall be suspended or revoked, nor a licensed behavioral practitioner placed on probation, until notice is served upon the licensed behavioral practitioner and a hearing is held in conformity with Article II of the Administrative Procedures Act.
Added by Laws 1999, c. 133, § 12, emerg. eff. April 28, 1999.
§59-1942. Rules - Violations - Administrative penalties.
A. The State Board of Health shall promulgate rules governing any licensure action to be taken pursuant to the Licensed Behavioral Practitioner Act which shall be consistent with the requirements of notice and hearing under the Administrative Procedures Act. No action shall be taken without prior notice unless the State Commissioner of Health determines that there exists a threat to the health and safety of the residents of this state.
B. 1. Any person who is determined by the State Department of Health to have violated any provision of the Licensed Behavioral Practitioner Act, or any rule promulgated or order issued pursuant thereto, may be subject to an administrative penalty.
2. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00).
3. Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.
4. All administrative penalties collected shall be deposited into the Licensed Behavioral Practitioner Revolving Fund.
Added by Laws 1999, c. 133, § 13, emerg. eff. April 28, 1999.
§59-1943. Hearings and records of hearings - Conformity with statute.
The hearings provided for by the Licensed Behavioral Practitioner Act shall be conducted in conformity with, and records made thereof as provided by, the provisions of Article II of the Administrative Procedures Act.
Added by Laws 1999, c. 133, § 14, emerg. eff. April 28, 1999.
§59-1944. Statement of Professional Disclosure - Furnishing to client.
All licensed behavioral practitioners, except those employed by federal, state, or local governmental agencies, shall, prior to the performance of service, furnish the client with a copy of the Statement of Professional Disclosure as promulgated by rule of the State Board of Health. A current copy of the document shall be on file with the Department of Health at all times.
Added by Laws 1999, c. 133, § 15, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 21, emerg. eff. April 14, 2000.
§59-1945. Professional specialty designation.
A. A professional specialty designation area may be established by the State Department of Health upon receipt of a petition signed by fifteen qualified persons who are currently licensed as licensed behavioral practitioners, who have acquired at least sixty (60) semester hours, to increase to seventy-five (75) semester hours on and after January 1, 2005, of graduate credit in behavioral science or psychology-related course work from a regionally accredited college or university, and who meet the recognized minimum standards as established by appropriate nationally recognized certification agencies; provided, however, if a nationally recognized certification does not exist, the Department may establish minimum standards for specialty designations.
B. Upon receipt of credentials from the appropriate certification agency, the Department may grant the licensed behavioral practitioner the appropriate specialty designation. The licensed behavioral practitioner may attain specialty designation through examination. A licensed behavioral practitioner shall not claim or advertise a behavioral health specialty and shall not incorporate the specialty designation into the professional title of such licensed behavioral practitioner unless the qualifications and certification requirements of that specialty have been met and have been approved by the Department and the appropriate certification agency.
Added by Laws 1999, c. 133, § 16, emerg. eff. April 28, 1999.
§59-1946. Licensed Behavioral Practitioners Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Board of Licensed Behavioral Practitioners, to be designated the "Licensed Behavioral Practitioners Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to this act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health to meet expenses necessary for carrying out the purpose of the Licensed Behavioral Practitioner Act. Expenditures from the fund shall be approved by the State Commissioner of Health and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1999, c. 133, § 17, emerg. eff. April 28, 1999.
§59-1947. Fees.
A. Licensing fees and annual renewal fees shall be amounts fixed by the State Board of Health upon recommendations of the Oklahoma Licensed Behavioral Practitioners Advisory Board. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Licensed Behavioral Practitioner Act and so that excess funds do not accumulate from year to year in the Licensed Behavioral Practitioners Revolving Fund.
B. 1. The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
2. The fee for the issuance of a license to replace a license which was lost, destroyed, or mutilated shall be Twenty-five Dollars ($25.00).
3. The fee shall accompany the application for a replacement license.
4. The fee for specialty designation shall not exceed One Hundred Fifty Dollars ($150.00).
5. The fee for an examination required pursuant to the Licensed Behavioral Practitioner Act shall not exceed the actual costs incurred by the Department for holding and grading examinations.
Added by Laws 1999, c. 133, § 18, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 22, emerg. eff. April 14, 2000.
§59-1948. Continuing education requirement.
All licensed behavioral practitioners licensed pursuant to the Licensed Behavioral Practitioner Act shall be required to satisfactorily complete ten (10) hours of continuing education credits annually. The State Department of Health shall provide forms and require verification of such credits. Such credits shall be earned from courses on empirically validated procedures, taught by instructors certified by the North American Association of Masters in Psychology, its designees or successors.
Added by Laws 1999, c. 133, § 19, emerg. eff. April 28, 1999.
§59-1949. Licensing of persons practicing since before January 1, 2002 - Waiver of supervised experience requirement.
A. Until January 1, 2002, the State Board of Health, upon receipt of an applicant's proper application, completion of examination, and payment of fees, shall issue licenses to persons who, prior to January 1, 2002:
1. Have practiced full time as a behavioral practitioner for at least two (2) years and possess a master's degree from a program in psychology from a college or university accredited by an agency recognized by the United States Department of Education;
2. Are currently practicing as a behavioral practitioner;
3. Have satisfactorily completed ten (10) hours of continuing education pursuant to Section 1948 of this title; and
4. Otherwise comply with the licensure requirements of the Licensed Behavioral Practitioner Act.
B. The Commissioner of Health shall consider experience of the applicant prior to application for licensure pursuant to the provisions of this section as a waiver of all or part of the supervised experience requirement required by paragraph 3 of subsection C of Section 1935 of this title.
C. The Commissioner shall require applicants for licensure pursuant to the provisions of this section to file a Statement of Professional Disclosure as provided by Section 1944 of this title.
Added by Laws 1999, c. 133, § 20, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 23, emerg. eff. April 14, 2000.
§59-1949.1. Reimbursement under medical or hospital insurance plan - Construction of act.
Nothing in the Licensed Behavioral Practitioner Act shall be construed to require reimbursement under the policies of health insurers and nonprofit hospital or medical service plans unless the contract specifically calls for reimbursement to licensed behavioral practitioners.
Added by Laws 1999, c. 133, § 21, emerg. eff. April 28, 1999.
§591950. Short title.
This act shall be known and may be cited as the "Oklahoma RentalPurchase Act".
Added by Laws 1988, c. 106, § 1, eff. Nov. 1, 1988.
§59-1951. Definitions.
As used in the Oklahoma RentalPurchase Act:
1. "Administrator" means the Administrator of the Department of Consumer Credit as designated in Section 6501 of Title 14A of the Oklahoma Statutes;
2. "Advertisement" means any commercial message in any medium that promotes, directly or indirectly, a consumer rentalpurchase agreement;
3. "Consummation" means the time a lessee becomes contractually obligated on a consumer rentalpurchase agreement;
4. "Lessee" means a natural person who rents personal property under a consumer rentalpurchase agreement;
5. "Lessor" means a person who regularly provides the use of property through consumer rentalpurchase agreement;
6. "Rentalpurchase agreement" means an agreement for the use of personal property by a consumer for personal, family, or household purposes, for an initial period of four (4) months or less, that is renewable with each payment after the initial period, and that permits the consumer to become the owner of the property. An agreement that complies with this definition is not a consumer credit sale as defined in Section 2104 of Title 14A of the Oklahoma Statutes, or a consumer loan as defined in Section 3104 of Title 14A of the Oklahoma Statutes, or a refinancing or consolidation thereof, or a consumer lease as defined in Section 2106 of Title 14A of the Oklahoma Statutes, or a lease or agreement which constitutes a security interest as defined in paragraph (37) of Section 1201 of Title 12A of the Oklahoma Statutes or a lease or agreement which constitutes a sale of goods as defined in subsection (4) of Section 2105 of Title 14A of the Oklahoma Statutes;
7. "Initial period" means from the date of inception to the first scheduled installment; and
8. "Initial fee" means any fee charged to initiate a contract however designated.
Added by Laws 1988, c. 106, § 2, eff. Nov. 1, 1988. Amended by Laws 1989, c. 106, § 1, emerg. eff. April 26, 1989; Laws 2000, c. 371, § 177, eff. July 1, 2001.
§591952. License required Contents Display Transferability Multiple licenses Exemptions Applications Contents Modifications Forms.
A. No person shall engage in business as a rentalpurchase lessor without first obtaining a license issued by the Administrator. Each license shall state the address of the office from which business is to be conducted and the name of the licensee. The license shall be displayed at the place of business named in the license. The license shall not be transferable or assignable except upon approval by the Administrator. A separate license shall be required for each office operated pursuant to the Oklahoma RentalPurchase Act. The Administrator may issue more than one license to any one person upon compliance with this section as to each license. This subsection shall not be construed to require a license for any place of business devoted to accounting or other record keeping and where rentalpurchase agreements are not made.
B. Each person shall file a license application form with the Administrator within thirty (30) days prior to commencing business in this state for each place of business in which rentalpurchase agreements are transacted, and thereafter, by December 1st of each year. The license application must state:
1. The name of the person;
2. The name in which business is transacted if different from paragraph 1 or 3 of this subsection;
3. The address of the principal office;
4. An indication that the lessor engages in the business of making rentalpurchase agreements;
5. The address of the designated agent upon whom service of process may be made in this state; and
6. Such other relevant information as the Administrator may desire.
C. If information in an application becomes inaccurate after filing, modifications to the application shall be brought to the attention of the Department of Consumer Credit within thirty (30) days from such change.
D. The license application shall be on a form or forms provided by the Administrator.
Added by Laws 1988, c. 106, § 3, eff. Nov. 1, 1988. Amended by Laws 1989, c. 106, § 2, emerg. eff. April 26, 1989.
§591953. Renewal fee Time limit.
Lessors shall pay an annual license renewal fee of One Hundred Dollars ($100.00) per place of business, which fees shall accompany the license renewal form. Any person engaged in the business of rentalpurchase transactions on the effective date of this act shall not be held in violation of Section 3 of this act from the effective date of this act to the date of licensing if the form and fees are filed with the Administrator within thirty (30) days from the effective date of this act. Provided, that if the license application form is filed after June 30 of any year the license fee for the balance of such year shall be Fifty Dollars ($50.00).
Added by Laws 1988, c. 106, § 4, eff. Nov. 1, 1988.
§591954. Disclosures required Prohibited provisions Reinstatement rights Advertisement contents.
A. The disclosures required by the Oklahoma RentalPurchase Act:
1. Shall be made clearly and conspicuously;
2. Shall be in writing, a copy of which shall be delivered to the lessee;
3. May use terminology different from that employed in the Oklahoma RentalPurchase Act if it conveys substantially the same meaning;
4. May be supplemented by additional information or explanations supplied by the lessor;
5. Shall comply with the provisions of the Oklahoma RentalPurchase Act although rendered inaccurate by any act, occurrence, or agreement, subsequent to the required disclosure;
6. Shall be made to the person who signs the rentalpurchase agreement, except that in a transaction involving more than one lessee, a disclosure statement or a copy of the agreement need not be given to more than one of the lessees;
7. Shall be made by the lessor specified on the rentalpurchase license.
B. A rentalpurchase agreement shall disclose the following items, as applicable:
1. Whether the property is new or used;
2. The period and amount of payments;
3. The total number of payments necessary and the total amounts to be paid to acquire ownership of the merchandise;
4. The amount and purpose of any other payment, charge or fee in addition to the regular periodic payments;
5. Whether the consumer is liable for loss or damage to the rental property, and if so, the maximum amount for which the consumer may be liable;
6. The amount of any deposit required by lessor and the conditions under which it shall be refundable or nonrefundable;
7. If applicable, that the lessee may purchase from the lessor insurance to cover the property or a waiver of liability for damage to or destruction of the property, and the amount of any such charge or fee. The insurance or waiver of liability coverage may be offered to the lessee at any time during the term of the rental-purchase agreement;
8. That the consumer does not acquire ownership rights unless the consumer has complied with the ownership terms of the agreement.
C. A rentalpurchase agreement may not contain a provision:
1. Requiring a confession of judgment;
2. Authorizing a lessor or an agent of the lessor to commit a breach of the peace in the repossession of rental property;
3. Waiving any defense, counterclaim, or right the lessee may have against the lessor or an agent of the lessor;
4. Requiring the purchase of insurance from the lessor to cover the rental property; provided, however, that the lessor may offer to the lessee any such insurance if it is clearly and conspicuously disclosed on the face of the agreement of insurance, in print not less than 8 point bold face type, that the purchase of any such insurance by the lessee from the lessor is optional. Lessors offering any such insurance must comply with the rules and regulations governing the offering for sale and sale of insurance in the State of Oklahoma, and the offering for sale and sale of such insurance shall be governed and regulated by the State of Oklahoma Commissioner of Insurance;
5. Requiring the purchase of a waiver of liability from the lessor for damage to or destruction of the property; provided, however, that the lessor may offer to the lessee any such waiver of liability if it is clearly and conspicuously disclosed on the face of the waiver of liability agreement, in print not less than 8 point bold face type, that the purchase of any such waiver of liability by the lessee from the lessor is optional. The charge for any waiver of liability shall not exceed five percent (5%) of the rental payment or One Dollar ($1.00), whichever is greater;
6. Requiring the payment of a late charge or reinstatement fee of more than Five Dollars ($5.00); provided, the total of both the late charge and the reinstatement fee for any one payment missed does not exceed Five Dollars ($5.00) if payments are monthly, or Three Dollars ($3.00) if payments are weekly or biweekly. If the payment is not paid by the close of business on the due date, such payment shall be considered missed. Late charges, pickup charges, delivery charges, rent due and reinstatement fees may be held from the payment or may be accrued and collected when possible;
7. Requiring the payment of a delivery charge of more than Fifteen Dollars ($15.00) for delivery of an item or items within fifteen (15) miles of the business location, or Thirty Dollars ($30.00) for delivery of an item or items more than fifteen (15) miles from the business location. However, in the event a lessor delivers more than five (5) items to a lessee's dwelling, the delivery charge shall not exceed Fortyfive Dollars ($45.00) regardless of the delivery distance. Delivery charges are allowed only if the lessor actually delivers merchandise to the dwelling of the lessee;
8. Requiring the payment of a charge exceeding Fifteen Dollars ($15.00) on any insufficient funds check;
9. Requiring a nonrefundable initial fee exceeding Ten Dollars ($10.00). An initial fee may be charged only once on an agreement;
10. Requiring a pickup charge exceeding Ten Dollars ($10.00) on late payments. If payments are monthly, a maximum of three pickup charges may be assessed in a sixmonth period. If payments are more frequent than monthly, a maximum of six pickup charges may be assessed in a sixmonth period. The pickup charges may be assessed and paid when the consumer makes the next scheduled payment or such charges may be accrued; and
11. Requiring the payment of any other additional charges of any nature whatsoever, other than those specified.
D. A rentalpurchase agreement shall provide reinstatement rights as follows:
1. A consumer who fails to make a timely payment may reinstate a rentalpurchase agreement without losing rights or options previously acquired, by arranging with the lessor to make the past due payments, within two (2) days after the due date of the payment and by arranging to pay any fees due or by returning the property within two (2) days if the lessor so requests. Provided, nothing herein shall prevent the lessor from modifying payment arrangements to allow the consumer to make the account current and to accrue any charges due or any rent due to be paid at some future agreed upon date. Partial payment agreements shall provide for the rent to be prorated with notice to the consumer of the next due date.
2. If the rental property is returned during the reinstatement period, other than through judicial process, the right to reinstate the agreement shall be extended for a period of not less than thirty (30) days after the date of the return of the property. Upon reinstatement, the lessor shall provide the lessee with the same rental property or substitute property of comparable quality and condition. If substitute property is provided, the lessor shall provide the lessee with the disclosures required in subsection B of this section. Notice of the right to reinstate shall be disclosed in the agreement.
E. An advertisement for a rentalpurchase agreement that states the amount of a payment and the right to acquire ownership of any one particular item must clearly and conspicuously state:
1. That the transaction advertised is a rentalpurchase agreement; and
2. The total amount and the number of payments necessary to acquire ownership.
F. Any consumer neglect of the merchandise resulting in reasonable repairs will be the responsibility of the consumer and charges for such repair may be received in payments agreed upon by the lessor according to an agreed upon payment schedule.
Added by Laws 1988, c. 106, § 5, eff. Nov. 1, 1988. Amended by Laws 1989, c. 106, § 3, emerg. eff. April 26, 1989; Laws 1991, c. 83, § 1, emerg. eff. April 22, 1991; Laws 1992, c. 261, § 4, eff. Sept. 1, 1992.
§591955. Consumer right to damages Enforcement Assessment of cost of examination Application of Administrative Procedures Act Recovery by multiple lessees Lessor adjustment of error Bona fide errors.
A. A consumer damaged by a violation of this act by a lessor is entitled to recover from the lessor:
1. Actual damages;
2. Twentyfive percent (25%) of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved, except that the amount recovered under this section shall not be less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or in the case of a class action, an amount the court may allow, except that as to each member of the class no minimum recovery may be applicable and the total recovery other than for actual damages in any class action or series of class actions arising out of the same failure to comply by the same lessor shall not be more than the lesser of Five Hundred Thousand Dollars ($500,000.00) or one percent (1%) of the net worth of the lessor; and
3. Reasonable attorneys fees and court costs.
B. In addition to the enforcement powers provided in Section 6102 of Title 14A of the Oklahoma Statutes, the Administrator or his duly authorized representative may investigate the books, accounts, papers, correspondence and records of any lessor licensed under the Oklahoma RentalPurchase Act. For the purposes of this section, any person who advertises for, solicits or holds himself out as willing to make rentalpurchase transactions, shall be presumed to be a rentalpurchase lessor. Each lessor shall pay to the Administrator an amount assessed by the Administrator to cover the direct or indirect cost of such examination, not to exceed Two Hundred Dollars ($200.00) in any calendar year.
C. The Administrator may promulgate rules and regulations necessary for the enforcement of the Oklahoma RentalPurchase Act and consistent with all its provisions.
D. Except as otherwise expressly provided in the Oklahoma RentalPurchase Act, the Administrative Procedures Act, Sections 301 through 326 of Title 75 of the Oklahoma Statutes, applies to and governs all administrative actions and civil proceedings taken by the Administrator pursuant to the Oklahoma RentalPurchase Act.
E. Where there are multiple lessees to a rentalpurchase agreement, there shall be no more than one recovery under the Oklahoma RentalPurchase Act for a violation.
F. A lessor is not liable under the Oklahoma RentalPurchase Act for a violation thereof caused by the lessor's error if before the sixtieth day after the date the lessor discovers the error, and before an action under this section is filed or written notice of the error is received by the lessor from the lessee, the lessor gives the lessee written notice of the error and makes adjustments in the lessee's account as necessary to ensure that the lessee will not be required to pay an amount in excess of the amount disclosed and that the agreement otherwise complies with this subsection. Nor may a lessor be held liable in any action brought under the Oklahoma RentalPurchase Act for a violation of the Oklahoma RentalPurchase Act if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. A bona fide error includes, but is not limited to, a clerical, calculation, computer malfunction in programming, and printing error, but not an error of legal judgment with respect to a lessor's disclosure obligations under the Oklahoma RentalPurchase Act.
Added by Laws 1988, c. 106, § 6, eff. Nov. 1, 1988.
§591956. Deposit of monies received.
All monies received by the Department of Consumer Credit from fees for licensing and examinations pursuant to the Oklahoma RentalPurchase Act shall be deposited monthly to the credit of the General Revenue Fund of the State Treasury.
Added by Laws 1988, c. 106, § 7, eff. Nov. 1, 1988.
§591957. Application of act Violations Penalties.
The Oklahoma RentalPurchase Act applies to persons, who in this state make or solicit rentalpurchase agreements, or who directly collect payments from or enforce rights against debtors arising from the rentalpurchase agreement, wherever they are made; or who engage in rentalpurchase transactions subject to the provisions of the Oklahoma RentalPurchase Act. A person who willfully engages in the business of making rentalpurchase agreements without a license in violation of the provisions of this act pertaining to authority to make rentalpurchase agreements, upon conviction, is guilty of a misdemeanor and may be sentenced to pay a fine not exceeding Five Thousand Dollars ($5,000.00), or to imprisonment not exceeding one (1) year, or both.
Added by Laws 1988, c. 106, § 8, eff. Nov. 1, 1988.
§592000. Short title.
Sections 2000 through 2009 of Title 59 of the Oklahoma Statutes and Sections 9 through 11 of this act shall be known and may be cited as the Oklahoma Health Spa Act.
Added by Laws 1987, c. 217, § 2, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 2, eff. Nov. 1, 1988. Renumbered from Title 15, § 775 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988.
§59-2001. Definitions.
As used in the Oklahoma Health Spa Act:
1. "Administrator" means the Administrator of Consumer Credit as defined in Section 6-501 of Title 14A of the Oklahoma Statutes;
2. "Business day" means any day except a Sunday or a legal holiday;
3. "Buyer/Member" means a natural person who enters into a health spa contract or membership;
4. "Membership agreement" means any agreement between a member and a health spa for use of health spa services;
5. "Health spa" means and includes any person, firm, corporation, organization, club or association engaged in a program of physical exercise, which includes the use of one or more of a sauna, whirlpool, weight-lifting room, massage, steam room, or exercising machine or device, or exercise rooms, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weight-lifting room, massage, steam room or exercising machine or device or exercise rooms. The term "health spa" shall not include the following:
a. bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to their overall functions and purposes,
b. any private club owned and operated by its members,
c. any organization solely operated for the purpose of teaching a particular form of self-defense such as judo or karate,
d. any facility owned or operated by the United States,
e. any facility owned or operated by this state or any of its political subdivisions,
f. any nonprofit public or private school, college or university, and
g. any facility operated solely for aerobics or toning;
6. "Health spa services" means and includes services, privileges, or rights offered for sale or provided by a health spa;
7. "Initiation fee" means a nonrecurring fee charged at or near the beginning of a health spa membership;
8. "Monthly fee" means the total consideration, including but not limited to, equipment or locker rental, credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees or charges and interest, but excluding any initiation fee, to be paid by a buyer, divided by the total number of months of health spa service use allowed by the buyer's contract or membership, including months or time periods called "free" or "bonus" months or time periods and such months or time periods which are described in any other terms suggesting that they are provided free of charge, which months or time periods are given or contemplated when the contract or membership is initially executed;
9. "Prepayment" means any amount paid in advance of the maturity of the health spa membership, to include payment in part or in full, accelerated monthly fees or any required down payment or initiation fee;
10. "Program" means any use of a health spa facility for the purpose of physical exercise in a structured or nonstructured environment; and
11. "Presale" means payment of any consideration for services or the use of facilities made prior to the day on which the services or facilities of the health spa are fully open and available for regular use by the members.
Added by Laws 1987, c. 217, § 3, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 3, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.1 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988. Amended by Laws 1991, c. 96, § 1, eff. Sept. 1, 1991.
§592002. Registration of health or health spa services.
A. No health spa shall offer or advertise health spa services unless first being registered with the Administrator. The registration shall:
1. disclose the address, ownership, date of first sales and date of first opening of the health spa;
2. state the name and address of the registered agent of the registrant, if the registrant is a corporation;
3. be renewed each succeeding calendar year; and
4. be accompanied by a fee of Two Hundred Dollars ($200.00) per registration and annual renewal.
B. Each separate location where health spa services are offered shall be considered a separate health spa and shall file a separate registration, even though the separate locations are owned or operated by the same owner.
Added by Laws 1987, c. 217, § 4, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 4, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.2 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 2, eff. Sept. 1, 1991.
§592003. Presale contracts or membership agreements - Notification of location - Deposit of funds - Withdrawal of funds - Refunds - Exemptions.
A. 1. Except as otherwise provided in this section, each health spa which offers or sells contracts or membership agreements or health spa services on a presale basis shall notify the Administrator of the proposed location of the spa for which presale monies will be solicited and shall deposit all funds received from such presale contracts or membership agreements in an account established in a financial institution authorized to transact business in this state until the health spa has commenced operations and has remained open for a period of sixty (60) days. The account shall be established and maintained only in a financial institution which agrees in writing with the Administrator to hold all funds deposited and not to release such funds until receipt of written authorization from the Administrator. The presale funds deposited will be eligible for withdrawal by the health spa after the health spa has been open and providing services pursuant to its health spa contracts or membership agreements for sixty (60) days and the Administrator gives written authorization for withdrawal.
2. Any buyer who has paid money which is on deposit in a presale account may, upon written authorization from the Administrator, obtain a refund from the financial institution holding such account if the health spa has not been substantially completed and opened within six (6) months of the date of the buyer's health spa contract or membership agreement.
B. The provisions of subsection A of this section shall not apply to:
1. a. any health spa duly registered under the provisions of Section 2002 of this title which has filed with the Administrator a current financial statement, certified by an accounting firm or individual holding a permit to practice public accounting in this state indicating:
(1) a net worth in excess of One Million Dollars ($1,000,000.00), or
(2) total assets in excess of Five Million Dollars ($5,000,000.00).
b. For purposes of this paragraph:
(1) "current" means that the ending period of the financial statement is not over eighteen (18) months prior to the date of the filing of such statement, and
(2) the financial statement filed by the health spa may include the financial results of any corporation controlled by, or that is under common control with, the health spa; or
2. any health spa duly registered under the provisions of Section 2002 of Title 59 of the Oklahoma Statutes which has posted a bond or letter of credit in the amount of Seventy Thousand Dollars ($70,000.00) as provided for in Section 2007 of this title and has been in continuous operation in Oklahoma for at least eighteen (18) months prior to the sale of prepayment contracts or membership agreements.
Added by Laws 1987, c. 217, § 5, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 5, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.3 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 3, eff. Sept. 1, 1991.
§592004. Provisions to be included in contract or membership agreement.
Every health spa contract or membership agreement for the sale of future health spa services which are paid for in advance or which the buyer agrees to pay for in future installments shall be in writing and shall contain the following provisions:
1. A provision for the penaltyfree cancellation of the contract or membership agreement within three (3) business days of its making and refund upon such notice, of all monies paid under the contract or membership agreement;
2. A provision for the cancellation of the contract or membership agreement if the health spa relocates or goes out of business and fails to provide alternative facilities within eight (8) miles of the location designated in the health spa contract or membership agreement. Upon receipt of such notice, the health spa shall refund to the buyer funds paid or accepted in payment of the contract or membership agreement in an amount computed by dividing the contract price by the number of weeks in the contract or membership agreement term and multiplying the result by the number of weeks remaining in the contract or membership agreement term;
3. A provision for the cancellation of the contract or membership agreement if the buyer dies or becomes physically unable to use a substantial portion of the services for thirty (30) or more consecutive days. Upon receipt of such notice, the health spa shall refund to the buyer funds paid or accepted in payment of the contract or membership agreement in an amount computed by dividing the contract price by the number of weeks in the contract or membership agreement term and multiplying the result by the number of weeks remaining in the contract or membership agreement term. In the case of disability, the health spa may require the buyer to submit to a physical examination by a doctor agreeable to the buyer and the health spa. The cost of the examination shall be borne by the health spa.
4. A provision that:
a. to cancel a contract or membership agreement, the buyer shall notify the health spa of cancellation in writing, by certified mail, return receipt requested, or personal delivery, to the address specified in the health spa contract or membership agreement;
b. all moneys to be refunded upon cancellation of the health spa contract or membership agreement shall be paid within thirty (30) days of receipt of the notice of cancellation; and
c. if the customer has executed any credit or lien agreement with the health spa to pay for all or part of health spa services, any such agreement executed by the buyer shall also be returned within sixty (60) days after such cancellation.
Added by Laws 1987, c. 217, § 6, eff. Nov. 1, 1987. Renumbered from Title 15, § 775.4 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 4, eff. Sept 1, 1991.
§592005. Delivery of contract or membership agreement to buyer - Form and contents of contracts or membership or agreement - Term - Other laws - Void or voidable contract or membership agreement - Waiver - Notice of liability.
A. A copy of every health spa contract or membership agreement shall be delivered to the buyer at the time the contract or membership agreement is executed. All health spa contracts or membership agreements shall:
1. be in writing, signed by the buyer;
2. designate the date on which the buyer actually signed the contract or membership agreement and length of membership;
3. identify services and facilities to be provided;
4. contain the provisions set forth in Section 6 of this act under a conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
5. read substantially as follows:
If you wish to cancel this contract or membership agreement, you may cancel by making or delivering written notice to this health spa. The notice must say that you do not wish to be bound by the contract or membership agreement and must be delivered or mailed before midnight of the third business day after you sign this contract or membership agreement. The notice must be delivered or mailed to:
.....................................................
(Health spa shall insert its name and mailing address)
You may also cancel this contract or membership agreement if this spa moves or goes out of business and fails to provide alternative facilities within eight (8) miles of the location designated in this contract or membership agreement. You may also cancel if you become disabled; and your estate may cancel in the event of your death. You must prove such disability by a doctor's certificate, and the health spa may also require that you submit to a physical examination by a doctor agreeable to you and the health spa. If you cancel, the health spa may retain or collect a portion of the contract or membership agreement price equal to the proportionate value of the services or use of facilities you have already received.
B. No health spa contract or membership agreement shall have a duration for a period longer than thirtysix (36) months, however, the contract or membership agreement may give the buyer a right of renewal.
C. The provisions of the Oklahoma Health Spa Act are not exclusive and do not relieve the parties or the contracts or membership agreements subject thereto from compliance with all other applicable provisions of law.
D. Any health spa contract or membership agreement which does not comply with the applicable provisions of the Oklahoma Health Spa Act shall be voidable at the option of the buyer.
E. Any health spa contract or membership agreement entered into by the buyer upon any false or misleading information, representation, notice or advertisement of the health spa or the health spa's agents shall be void and unenforceable.
F. Any waiver by the buyer of the provisions of the Oklahoma Health Spa Act shall be deemed contrary to public policy and shall be void and unenforceable.
G. All health spa contracts or membership agreements and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least tenpoint, boldface type:
NOTICE
ANY HOLDER OF THIS CONTRACT OR MEMBERSHIP AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Added by Laws 1987, c. 217, § 7, eff. Nov. 1, 1987. Renumbered from Title 15, § 775.5 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 5, eff. Sept. 1, 1991.
§592006. Notes for payments to third parties upon breach prohibited Rights of actions and defenses not cut off by assignment.
A. A contract or membership agreement for health spa services shall not require the execution of any note or series of notes by the buyer which, if separately negotiated, will require the buyer to make payments to third parties on a note or notes if the contract or membership agreement for the health spa services is breached by the health spa.
B. Whether or not the health spa has complied with the notice requirements of Section 7 of this act, any right of action or defense arising out of a health spa contract or membership agreement which the buyer has against the health spa, and which would be cut off by assignment, shall not be cut off by assignment of the contract or membership agreement to any third party holder, whether or not the holder acquires the contract in good faith and for value.
Added by Laws 1987, c. 217, § 8, eff. Nov. 1, 1987. Renumbered from Title 15, § 775.6 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 6, eff. Sept. 1, 1991.
§592007. Bond or letter of credit required.
A. 1. Every health spa, before it enters into a health spa contract or membership agreement or accepts an initiation or prepayment fee in excess of Fifty Dollars ($50.00), shall file and maintain with the Administrator, in form and substance satisfactory to him, a bond with a corporate surety, from a company authorized to transact business in this state or a letter of credit from a bank insured by the Federal Deposit Insurance Corporation in the amounts indicated below:
Number of unexpired Amount of bond
contracts or membership agreements or letter of
exceeding six (6) months credit
500 or less $30,000.00
501 to 1000 $40,000.00
1001 to 1500 $50,000.00
1501 to 2000 $60,000.00
2001 or more $70,000.00
2. The number of unexpired contracts or membership agreements exceeding six (6) months shall be separately calculated for each location where health spa services are offered.
3. Each separate location where health spa services are offered shall be considered a separate health spa and shall file a separate bond or letter of credit with respect thereto, even though the separate locations are owned or operated by the same owner.
4. No owner shall be required to file with the Administrator bonds or letters of credit in excess of Seventy Thousand Dollars ($70,000.00). If the seventythousanddollar limit is applicable, then the bonds or letters of credit filed by such owner shall apply to all health spas owned or operated by the same owner.
B. The bond or letter of credit required by this section shall be in favor of the state for the benefit of:
1. any buyer injured by having paid money to the health spa posting the bond or letter of credit for health spa services in a facility which fails to open within sixty (60) days after the date upon which the buyer and the health spa entered into a contract or membership agreement or goes out of business prior to the expiration of the buyer's health spa contract or membership agreement; or
2. any buyer injured as a result of a violation of the Oklahoma Health Spa Act by the health spa posting the bond or letter of credit.
C. The aggregate liability of the bond or letter of credit to all persons for all breaches of the conditions of the bond or letter of credit shall in no event exceed the amount of the bond or letter of credit. The bond or letter of credit shall not be canceled or terminated except with the consent of the Administrator.
Added by Laws 1987, c. 217, § 9, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 6, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.7 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 7, eff. Sept. 1, 1991.
§592008. Change in ownership Bond or letter of credit.
For purposes of the Oklahoma Health Spa Act, a health spa shall be considered a new health spa and subject to the requirements of a bond or letter of credit at the time the health spa changes ownership. A change in ownership shall not release, cancel or terminate liability under any bond or letter of credit previously filed unless the Administrator agrees in writing to such release, cancellation or termination because the new owner has filed a new bond or letter of credit for the benefit of the previous owner's members or because the former owner has refunded all unearned payments to its members.
Added by Laws 1987, c. 217, § 10, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 7, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.8 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988.
§592009. Violations Penalties Other consumer protection laws Acts covered.
A. Any person who engages in business as a health spa without first being properly registered with the Administrator as prescribed in the Oklahoma Health Spa Act or who otherwise violates any provision of the Oklahoma Health Spa Act, upon conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine not to exceed Five Thousand Dollars ($5,000.00) or imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
B. The provisions of Title 14A of the Oklahoma Statutes shall also apply to those health spas registered pursuant to the Oklahoma Health Spa Act.
C. The Oklahoma Health Spa Act shall only govern those health spa contracts or membership agreements executed after November 1, 1987.
Added by Laws 1987, c. 217, § 11, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 8, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.9 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 8, eff. Sept. 1, 1991.
§592010. Rules and regulations.
The Administrator may adopt, amend and repeal such administrative rules as are necessary to implement and enforce the provisions of the Oklahoma Health Spa Act.
Added by Laws 1988, c. 215, § 9, eff. Nov. 1, 1988.
§592011. Health Spa Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Commission on Consumer Credit to be designated the "Health Spa Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of registration and annual renewal fees provided for in Section 2002 of Title 59 of the Oklahoma Statutes. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Consumer Credit for the operating expenses of the Department and for the administration of the Oklahoma Health Spa Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1988, c. 215, § 10, eff. Nov. 1, 1988. Amended by Laws 1997, c. 267, § 1, eff. Sept. 1, 1997.
§59-2012. Repealed by Laws 1991, c. 96, § 9, eff. Sept. 1, 1991.
§59-2026. Short title.
This act shall be known and may be cited as the "Respiratory Care Practice Act".
Added by Laws 1995, c. 171, § 1, eff. Nov. 1, 1995.
§59-2027. Definitions.
As used in Respiratory Care Practice Act:
1. "Board" means the State Board of Medical Licensure and Supervision;
2. "Practice of respiratory care" shall include, but not be limited to, the direct and indirect respiratory care services including but not limited to the administration of medical gases, pharmacological, diagnostic, and therapeutic agents and services related to respiratory care procedures necessary to implement and administer treatment, ventilatory support, maintenance of the airway via natural or artificial means, specimen collection, disease prevention, pulmonary rehabilitation, or diagnostic regimen prescribed by orders of a physician; observing and monitoring signs and symptoms, physiologic measurements of the cardiopulmonary system, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics; and implementation, based on clinical observations, of appropriate reporting, referral, respiratory care protocol, or changes in treatment, pursuant to a prescription by a person authorized to practice medicine under the laws of this state; or the initiation of emergency procedures under the rules of the Board or as otherwise permitted in the Respiratory Care Practice Act. The practice of respiratory care shall also include the terms "inhalation therapy" and "respiratory therapy". The practice of respiratory care shall not include the delivery, set-up, installation, maintenance, monitoring and the providing of instructions on the use of home oxygen and durable medical equipment;
3. "Qualified medical director" means the licensed physician responsible for respiratory care services or the licensed physician designated as such by the clinic, hospital, or employing health care facility. The physician must be a medical staff member or medical director of a health care facility licensed by the State Department of Health;
4. "Respiratory care practitioner" means a person licensed by this state and employed in the practice of respiratory care;
5. "Respiratory therapist" means an individual who has graduated from a respiratory therapist program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor organization; and
6. "Respiratory therapy technician" means an individual who has graduated from a respiratory therapy technician program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor organization.
Added by Laws 1995, c. 171, § 2, eff. Nov. 1, 1995.
§59-2028. Respiratory Care Advisory Committee - Members - Qualifications - Terms - Vacancies - Removal.
A. 1. There is hereby created a Respiratory Care Advisory Committee within the State Board of Medical Licensure and Supervision, hereinafter referred to as the Committee, to assist in administering the provisions of the Respiratory Care Practice Act. The Committee shall consist of nine (9) members, appointed as follows:
a. one member shall be a physician appointed by the Board from its membership,
b. one member shall be a physician appointed by the Board from a list of qualified individuals submitted by the Oklahoma State Medical Association and who is not a member of the Board,
c. one member shall be a physician appointed by the State Board of Osteopathic Examiners from its membership,
d. one member shall be a physician appointed by the State Board of Osteopathic Examiners from a list of qualified individuals submitted by the Oklahoma Osteopathic Association and who is not a member of the State Board of Osteopathic Examiners, and
e. five members shall be licensed respiratory care practitioners appointed by the Board from a list of respiratory care practitioners submitted by the Oklahoma Society for Respiratory Care (OSRC).
2. Other than the physicians appointed from the membership of the State Board of Medical Licensure and Supervision and of the State Board of Osteopathic Examiners, the physician members shall have special qualifications in the diagnosis and treatment of respiratory problems and, wherever possible, be qualified in the management of acute and chronic respiratory disorders.
3. The respiratory care practitioner members shall have been engaged in rendering respiratory care services to the public, teaching or research in respiratory care for at least five (5) years immediately preceding their appointments. These members shall at all times be holders of valid licenses for the practice of respiratory care in this state, except for the members first appointed to the Committee. These initial members shall, at the time of appointment, be credentialed as a Certified Respiratory Therapy Technician (CRTT) or a Registered Respiratory Therapist (RRT), conferred by the National Board for Respiratory Care (NBRC), or its successor organization, and all shall fulfill the requirements for licensure pursuant to this act.
B. Members of the Committee shall be appointed for terms of four (4) years. Provided, the terms of office of the members first appointed shall begin November 1, 1995, and shall continue for the following periods: two physicians and two respiratory care practitioners for a period of three (3) years; and two physicians and three respiratory care practitioners for a period of four (4) years. Upon the expiration of a member's term of office, the appointing authority for that member shall appoint a successor pursuant to the provisions of subsection C of this section. Vacancies on the Committee shall be filled in like manner for the balance of an unexpired term. No member shall serve more than three consecutive terms. Each member shall serve until a successor is appointed and qualified.
C. Upon expiration or vacancy of the term of a member, the respective nominating authority may, as appropriate, submit to the appointing Board a list of three persons qualified to serve on the Committee to fill the expired term of their respective member. Appointments may be made from these lists by the appointing Board, and additional lists may be provided by the respective organizations if requested by the State Board of Medical Licensure and Supervision.
D. The State Board of Medical Licensure and Supervision may remove any member from the Committee for neglect of any duty required by law, for incompetency, or for unethical or dishonorable conduct.
Added by Laws 1995, c. 171, § 3, eff. Nov. 1, 1995.
§59-2029. Respiratory Care Advisory Committee - Meetings - Officers - Quorum - Duties.
A. The Respiratory Care Advisory Committee shall meet at least twice each year and shall elect biennially during odd-numbered years a chair and vice-chair from among its members. The Committee may convene at the request of the chair, or a majority of the Committee, or as the Committee may determine for such other meetings as may be deemed necessary to transact its business.
B. A majority of the members of the Committee, including the chair and vice-chair, shall constitute a quorum at any meeting, and a majority of the required quorum shall be sufficient for the Committee to take action by vote.
C. The Committee shall advise the Board in developing policy and rules pertaining to the Respiratory Care Practice Act.
Added by Laws 1995, c. 171, § 4, eff. Nov. 1, 1995.
§59-2030. Duties of State Board of Medical Licensure and Supervision.
The State Board of Medical Licensure and Supervision shall:
1. Examine, license and renew the licenses of duly qualified applicants;
2. Maintain an up-to-date list of every person licensed to practice respiratory care pursuant to the Respiratory Care Practice Act. The list shall show the licensee's last-known place of employment, last-known place of residence, and the date and number of the license;
3. Cause the prosecution of all persons violating the Respiratory Care Practice Act and incur necessary expenses therefor;
4. Keep a record of all proceedings of the Board and make such record available to the public for inspection during reasonable business hours;
5. Conduct hearings upon charges calling for discipline of a licensee, or denial, revocation or suspension of a license; and
6. Share information on a case-by-case basis of any person whose license has been suspended, revoked or denied. This information shall include the name, social security number, type and cause of action, date and penalty incurred, and the length of penalty. This information shall be available for public inspection during reasonable business hours and shall be supplied to similar boards in other states upon request.
Added by Laws 1995, c. 171, § 5, eff. Nov. 1, 1995.
§59-2031. Powers of State Board of Medical Licensure and Supervision - Rules.
The State Board of Medical Licensure and Supervision may:
1. Promulgate rules, consistent with the laws of this state, as may be necessary to enforce the provisions of the Respiratory Care Practice Act. Rules shall be promulgated in accordance with Article I of the Administrative Procedures Act;
2. Employ such personnel as necessary to assist the Board in performing its function;
3. Establish license renewal requirements and procedures as deemed appropriate;
4. Secure the services of resource consultants as deemed necessary by the Board. Resource consultants shall be reimbursed for all actual and necessary expenses incurred while engaged in consultative service to the Board, pursuant to the State Travel Reimbursement Act;
5. Enter into agreements or contracts, consistent with state law, with outside organizations for the purpose of developing, administering, grading or reporting the results of licensing examinations. Such groups shall be capable of providing an examination which:
a. meets the standards of the National Commission for Health Certifying Agencies, or their equivalent,
b. is able to be validated, and
c. is nationally recognized as testing respiratory care competencies; and
6. Establish by rule license examination fees.
Added by Laws 1995, c. 171, § 6, eff. Nov. 1, 1995.
§59-2032. Reimbursement of expenses - Protection from liability.
A. Members of the State Board of Medical Licensure and Supervision and members of the Respiratory Care Advisory Committee shall be reimbursed for all actual and necessary expenses incurred while engaged in the discharge of official duties pursuant to this act in accordance with the State Travel Reimbursement Act.
B. Members of the Board and Committee shall enjoy the same rights of protection from personal liability as those enjoyed by other employees of the state for actions taken while acting under the provisions of the Respiratory Care Practice Act and in the course of their duties.
Added by Laws 1995, c. 171, § 7, eff. Nov. 1, 1995.
§59-2033. License - Examination - License by endorsement.
A. The applicant, except where otherwise defined in the Respiratory Care Practice Act, shall be required to pass an examination, whereupon the State Board of Medical Licensure and Supervision may issue to the applicant a license to practice respiratory care. The Board is authorized, in cooperation with the National Board for Respiratory Care (NBRC) as may be necessary or advisable, to provide for the examination of applicants or to facilitate verification of any applicant's claim that the applicant has successfully completed the examination for Certified Respiratory Therapy Technician (CRTT) or Registered Respiratory Therapist (RRT).
B. The Board may issue a license to practice respiratory care by endorsement to:
1. An applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are deemed by the Board to be equivalent to those required in this state;
2. Applicants holding credentials conferred by the National Board for Respiratory Care (NBRC) as a Certified Respiratory Therapy Technician (CRTT) or as a Registered Respiratory Therapist (RRT), provided such credentials have not been suspended or revoked; and
3. Applicants applying under the conditions of this section who certify under oath that their credentials have not been suspended or revoked.
Added by Laws 1995, c. 171, § 8, eff. Nov. 1, 1995.
§59-2034. Provisional license.
A. The State Board of Medical Licensure and Supervision may issue, upon payment of a fee established by the Board, a provisional license to practice respiratory care for a period of six (6) months under supervision of a consenting licensed respiratory care practitioner or consenting licensed physician. A provisional license may be issued to a person licensed in another state, territory or country who does not qualify for a license by endorsement but has applied to take the license examination and otherwise meets the qualifications of the Board. Provided, the applicant must show written evidence, verified by oath, that the applicant is currently practicing or has within the last six (6) months practiced respiratory care in another state, territory or country. A provisional license may be issued also to a graduate of a respiratory care education program, approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor organization, who has applied to take the license examination and otherwise meets the qualifications of the Board.
B. A currently enrolled student may receive a provisional license as set out by the rules of the Board.
C. Provisional licenses may be renewed at the discretion of the Board for additional six-month periods.
Added by Laws 1995, c. 171, § 9, eff. Nov. 1, 1995.
§59-2035. License - Applicants who have not passed CRTT or RRT examination.
A. The State Board of Medical Licensure and Supervision may issue a license to practice respiratory care, upon payment of a fee of Seventy-five Dollars ($75.00), to persons who have qualified pursuant to Section 8 of this act.
B. 1. Other applicants who have not passed the CRTT or RRT examination and who have been practicing respiratory care in a full time capacity for a period of more than twenty-four (24) months prior to the effective date of this act may, at the discretion of the Board, be issued a license to practice respiratory care upon payment of a fee of Seventy-five Dollars ($75.00). Provided, such applicant must demonstrate through written evidence verified under oath and certified to by the employing health care facility that applicant has in fact been employed in such capacity for more than twenty-four (24) months preceding the effective date of this act.
2. All other applicants who have not passed the CRTT or RRT examinations and who have been in the full time practice of respiratory care for a period of less than twenty-four (24) months, who, through written evidence verified by oath, demonstrate as required by rules of the Board that they are currently functioning in the capacity of a respiratory care practitioner, may be given a special provisional license to practice respiratory care under the supervision of a consenting licensed respiratory care practitioner or consenting licensed physician for a period of no longer than thirty-six (36) months from the effective date of this act. Such applicants must pass an entry level examination administered by the Board during the thirty-six-month period in order to be issued a license to practice respiratory care. The fee for a special provisional license shall be Seventy-five Dollars ($75.00).
Added by Laws 1995, c. 171, § 10, eff. Nov. 1, 1995.
§59-2036. Use of title permitted - Presentation of license.
A. A person holding a license to practice respiratory care in this state may use the title "respiratory care practitioner" and the abbreviation "R.C.P."
B. A licensee shall present this license when requested.
Added by Laws 1995, c. 171, § 11, eff. Nov. 1, 1995.
§59-2037. Renewal of license - Lapse and reinstatement - Inactive status - Continuing education requirements.
A. Except as otherwise provided in the Respiratory Care Practice Act, a license shall be renewed biennially. The State Board of Medical Licensure and Supervision shall mail notices at least thirty (30) calendar days prior to expiration for renewal of licenses to every person to whom a license was issued or renewed during the preceding renewal period. The licensee shall complete the notice of renewal and return it to the Board with the renewal fee of Seventy-five Dollars ($75.00) before the date of expiration.
B. Upon receipt of the notice of renewal and the fee, the Board shall verify its contents and shall issue the licensee a license for the current renewal period, which shall be valid for the period stated thereon.
C. A licensee who allows the license to lapse by failing to renew it may be reinstated by the Board upon payment of the renewal fee and reinstatement fee of One Hundred Dollars ($100.00); provided, that such request for reinstatement is received within thirty (30) days of the end of the renewal period.
D. 1. A licensed respiratory care practitioner who does not intend to engage in the practice of respiratory care shall send a written notice to that effect to the Board and is not required to submit a notice of renewal and pay the renewal fee as long as the practitioner remains inactive. Upon desiring to resume the practice of respiratory care, the practitioner shall notify the Board in writing of this intent and shall satisfy the current requirements of the Board in addition to submitting a notice of renewal and remitting the renewal fee for the current renewal period and the reinstatement fee.
2. Rules of the Board shall provide for a specific period of time of continuous inactivity after which retesting is required.
E. The Board is authorized to establish by rule fees for replacement and duplicate licenses.
F. The Board shall by rule prescribe continuing education requirements, not to exceed twelve (12) clock hours biennially, as a condition for renewal of license. The program criteria with respect thereto shall be approved by the Board.
Added by Laws 1995, c. 171, § 12, eff. Nov. 1, 1995.
§59-2038. Deposit of fees - Appropriation to pay expenses.
Fees received by the State Board of Medical Licensure and Supervision and any other monies collected pursuant to the Respiratory Care Practice Act shall be deposited with the State Treasurer who shall place the same in the regular depository fund of the Board. Said deposit, less the ten percent (10%) gross fees paid into the General Revenue Fund, is hereby appropriated and shall be used to pay expenses incurred pursuant to the Respiratory Care Practice Act.
Added by Laws 1995, c. 171, § 13, eff. Nov. 1, 1995.
§59-2039. Where respiratory practice may be performed.
The practice of respiratory care may be performed in any clinic, physician's office, hospital, nursing facility, private dwelling or other place in accordance with the prescription or verbal order of a physician, and shall be performed under the supervision of a qualified medical director or physician licensed to practice medicine or surgery in this state.
Added by Laws 1995, c. 171, § 14, eff. Nov. 1, 1995.
§59-2040. Revocation, suspension or refusal to renew license - Probation, reprimand or denial of license.
The State Board of Medical Licensure and Supervision may revoke, suspend or refuse to renew any license or place on probation, or otherwise reprimand a licensee or deny a license to an applicant if it finds that the person:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice respiratory care;
2. Is unfit or incompetent by reason of negligence, habits, or other causes of incompetency;
3. Is habitually intemperate in the use of alcoholic beverages;
4. Is addicted to, or has improperly obtained, possessed, used or distributed habit-forming drugs or narcotics;
5. Is guilty of dishonest or unethical conduct;
6. Has practiced respiratory care after the license has expired or has been suspended;
7. Has practiced respiratory care under cover of any license illegally or fraudulently obtained or issued;
8. Has violated or aided or abetted others in violation of any provision of the Respiratory Care Practice Act;
9. Has been guilty of unprofessional conduct as defined by the rules established by the Board, or of violating the code of ethics adopted and published by the Board; or
10. Is guilty of the unauthorized practice of medicine.
Added by Laws 1995, c. 171, § 15, eff. Nov. 1, 1995.
§59-2041. Investigation of complaints - Notice of hearing - Subpoenas - Publication of names and addresses of suspended, etc. practitioners.
A. Upon filing of a written complaint with the State Board of Medical Licensure and Supervision, charging a person with any of the acts described in Section 15 of this act, the authorized employee of the Board may make an investigation. If the Board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee, or applicant at least fifteen (15) calendar days prior thereto. The notice shall be by personal service or by certified or registered mail sent to the last-known address of the person.
B. The Board or its designee may issue subpoenas for the attendance of witnesses and the production of necessary evidence on any investigation or hearing before it. Upon request of the respondent or the respondent's counsel, the Board may issue subpoenas on behalf of the respondent.
C. Unless otherwise provided in the Respiratory Care Practice Act, hearing procedures shall be conducted in accordance with, and a person who feels aggrieved by a decision of the Board may make an appeal pursuant to, Article II of the Administrative Procedures Act.
D. If found to be guilty as charged, the practitioner shall pay for all costs incurred by the Board.
E. The Board shall make public on a case-by-case basis the names and addresses of persons whose licenses have been denied, surrendered, revoked, suspended or who have been denied renewal of their licenses, and persons who have been practicing respiratory care in violation of the Respiratory Care Practice Act.
Added by Laws 1995, c. 171, § 16, eff. Nov. 1, 1995.
§59-2042. Practice of respiratory care without license prohibited - Exceptions - Practices of other health care personnel not to be limited - Performance of specific functions qualified by examination not prohibited.
A. No person shall practice respiratory care or represent themselves to be a respiratory care practitioner unless licensed under the Respiratory Care Practice Act, except as otherwise provided by the Respiratory Care Practice Act.
B. The Respiratory Care Practice Act does not prohibit:
1. The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the State Board of Medical Licensure and Supervision. Students enrolled in respiratory therapy education programs shall be identified as "student - RCP" and shall only provide respiratory care under clinical supervision;
2. Self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold out to be a respiratory care practitioner;
3. Monitoring, installation or delivery of medical devices, gases and equipment and the maintenance thereof by a nonlicensed person for the express purpose of self-care by a patient or gratuitous care by a friend or family member;
4. Respiratory care services rendered in the course of an emergency;
5. Persons in the military services or working in federal facilities from rendering respiratory care services when functioning in the course of their assigned duties;
6. The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formalized or specialized training; and
7. For purposes of continuing education, consulting, or training, any person performing respiratory care in the state, if these services are performed for no more than thirty (30) days in a calendar year in association with a respiratory care practitioner licensed pursuant to the Respiratory Care Practice Act or in association with a licensed physician or surgeon, if:
a. the person is licensed as a respiratory care practitioner or the equivalent, as determined by the State Board of Medical Licensure and Supervision, in good standing in another state or the District of Columbia, or
b. the person is a Certified Respiratory Therapy Technician (CRTT) or Registered Respiratory Therapist (RRT).
C. Nothing in the Respiratory Care Practice Act shall limit, preclude, or otherwise interfere with the lawful practices of persons working under the supervision of the responsible physician. In addition, nothing in the Respiratory Care Practice Act shall interfere with the practices of health care personnel who are formally trained and licensed by appropriate agencies of this state.
D. An individual who, by passing an examination which includes content in one or more of the functions included in the Respiratory Care Practice Act, and who has passed an examination that meets the standards of the National Commission for Health Certifying Agencies (NCHCA) or an equivalent organization, shall not be prohibited from performing the procedures for which they were tested. An individual who has demonstrated competency in one or more areas covered by the Respiratory Care Practice Act may perform only those functions for which the individual is qualified by examination to perform. The standards of the National Commission for Health Certifying Agencies shall serve to evaluate those examinations and examining organizations.
E. Practitioners regulated under the Respiratory Care Practice Act shall be covered under the "Good Samaritan Act", Section 5 et seq. of Title 76 of the Oklahoma Statutes.
Added by Laws 1995, c. 171, § 17, eff. Nov. 1, 1995.
§59-2043. Act not to be construed to permit practice of medicine.
Nothing in the Respiratory Care Practice Act shall be construed to permit the practice of medicine.
Added by Laws 1995, c. 171, § 18, eff. Nov. 1, 1995.
§59-2044. Misdemeanor violations - Penalties.
A. It is a misdemeanor for any person to:
1. Sell, fraudulently obtain or furnish any respiratory care license or record, or aid or abet therein;
2. Practice respiratory care under cover of any respiratory care diploma, license or record illegally or fraudulently obtained or issued;
3. Practice respiratory care unless duly licensed to do so under the provisions of the Respiratory Care Practice Act;
4. Impersonate in any manner or pretend to be a respiratory care practitioner or use the title "respiratory care practitioner", the letters "R.C.P.", or other words, letters, signs, symbols or devices to indicate the person using them is a licensed respiratory care practitioner, unless duly authorized by license to perform under the provisions of the Respiratory Care Practice Act;
5. Practice respiratory care during the time a license is suspended, revoked or expired;
6. Fail to notify the State Board of Medical Licensure and Supervision of the suspension, probation, or revocation of any past or currently held licenses, certifications, or registrations required to practice respiratory care in this or any other jurisdiction;
7. Knowingly employ unlicensed persons in the practice of respiratory care in the capacity of a respiratory care practitioner;
8. Make false representations or impersonate or act as a proxy for another person or allow or aid any person or impersonate the person in connection with any examination or application for licensing or request to be examined or licensed; or
9. Otherwise violate any provisions of the Respiratory Care Practice Act.
B. Such misdemeanor shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment for each offense.
Added by Laws 1995, c. 171, § 19, eff. Nov. 1, 1995.
§59-2045. Use of other earned professional designations or credentials.
A. Nothing contained in the Respiratory Care Practice Act shall preclude a respiratory care practitioner, a respiratory therapist, or a respiratory therapy technician exempt from being licensed under the Respiratory Care Practice Act or a provisional license holder from using or displaying earned professional designations or credentials including, but not limited to, CRTT, RRT, CPFT and RPFT. However, a respiratory care practitioner may use and display the designation Respiratory Care Practitioner or RCP in conjunction with the use or display of any such other earned professional designation or credentials.
B. A provisional or special provisional license holder shall not use or display the designation Respiratory Care Practitioner or RCP but may use or display any earned professional designations or credentials.
Added by Laws 1995, c. 171, § 20, eff. Nov. 1, 1995.
§59-2051. Short title.
Sections 1 through 21 of this act shall be known and may be cited as the "Oklahoma Licensed Perfusionists Act".
Added by Laws 1996, c. 226, § 1, eff. July 1, 1996.
§59-2052. Definitions.
As used in the Oklahoma Licensed Perfusionists Act:
1. "Board" means the State Board of Examiners of Perfusionists;
2. "Extracorporeal circulation" means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs or both;
3. "Licensed perfusionist" means a person licensed to practice perfusion pursuant to the Oklahoma Licensed Perfusionists Act;
4. "Perfusion" means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory and respiratory systems to ensure the safe management of physiologic functions by monitoring the parameters of the systems under an order and under the supervision of a licensed physician, including:
a. the use of extracorporeal circulation, cardiopulmonary support techniques, and other therapeutic and diagnostic technologies,
b. ventricular assistance, administration of cardioplegia, and isolated limb perfusion,
c. the use of techniques involving blood management, advanced life support, and other related functions, and
d. in the performance of the acts described in this paragraph:
(1) the administration of:
(a) pharmacological and therapeutic agents, or
(b) blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician,
(2) the performance and use of:
(a) anticoagulation analysis,
(b) physiologic analysis,
(c) blood gas and chemistry analysis,
(d) hypothermia,
(e) hyperthermia,
(f) hemoconcentration, and
(g) hemodilution,
(3) the observation of signs and symptoms related to perfusion services, and the determination of whether the signs and symptoms exhibit abnormal characteristics, and
(4) the implementation of appropriate reporting and perfusion protocols, and changes in, or the initiation of, emergency procedures;
5. "Perfusion protocol" means perfusion-related policies and protocols developed or approved by a licensed health facility or a physician through collaboration with administrators, licensed perfusionists, and other health professionals; and
6. "Provisional licensed perfusionist" means a person provisionally licensed by this state pursuant to the Oklahoma Licensed Perfusionists Act.
Added by Laws 1996, c. 226, § 2, eff. July 1, 1996.
§59-2053. State Board of Examiners of Perfusionists - Membership.
A. There is hereby re-created until July 1, 2008, in accordance with the provisions of the Oklahoma Sunset Law, the State Board of Examiners of Perfusionists. The Board shall administer the provisions of the Oklahoma Licensed Perfusionists Act. The Board shall consist of nine (9) members, appointed by the State Board of Medical Licensure and Supervision.
B. The initial appointments for each member shall be for progressive terms of one (1) through three (3) years so that only one term expires each calendar year; subsequent appointments shall be for five-year terms. Members of the Board shall serve at the pleasure of and may be removed from office by the appointing authority. No member shall serve more than three (3) consecutive terms. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointments. Five members shall constitute a quorum.
C. The Board shall be composed as follows:
1. Three members shall be members of the general public;
2. Four members shall be licensed perfusionists appointed from a list of not less than ten licensed perfusionists submitted by a statewide organization representing licensed perfusionists; and
3. Two members shall be physicians licensed pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act and who are also board certified in cardiovascular surgery.
D. The licensed perfusionist members shall have been engaged in rendering perfusion services to the public, teaching perfusion care, or research in perfusion care, for at least five (5) years immediately preceding their appointments. These members shall at all times be holders of valid licenses for the practice of perfusion in this state, except for the members first appointed to the Board. These initial members shall, at the time of appointment, be credentialed as a Certified Clinical Perfusionist (CCP) conferred by the American Board of Cardiovascular Perfusion (ABCP) or its successor organization, and all shall fulfill the requirements for licensure pursuant to the Oklahoma Licensed Perfusionists Act. All members of the Board shall be residents of this state.
E. Upon expiration or vacancy of the term of a member, the respective nominating authority may, as appropriate, submit to the appointing authority a list of not less than three persons qualified to serve on the Board to fill the expired term of their respective member. Appointments may be made from these lists by the appointing authority and additional lists may be provided by the respective organizations if requested by the appointing authority.
F. It shall be a ground for removal from the Board if a member:
1. Does not have at the time of appointment the qualifications required for appointment to the Board;
2. Does not maintain during service on the Board the qualifications required for appointment to the Board;
3. Violates a prohibition established pursuant to the Oklahoma Licensed Perfusionists Act;
4. Cannot discharge the member's term for a substantial part of the term for which the member is appointed because of illness or disability; or
5. Is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by a majority vote of the Board.
Added by Laws 1996, c. 226, § 3, eff. July 1, 1996. Amended by Laws 2002, c. 84, § 1.
§59-2054. State Board of Examiners of Perfusionists - Officers - Meetings.
A. Within thirty (30) days after the members of the State Board of Examiners of Perfusionists are appointed, the Board shall meet to elect a chair and vice-chair who shall hold office according to the rules adopted by the Board.
B. The Board shall hold at least two regular meetings each year as provided by the rules and procedures adopted by the Board.
C. A majority of the members of the Board, including the chair and vice-chair shall constitute a quorum at any meeting, and a majority of the required quorum shall be sufficient for the Board to take action by vote.
D. The Board shall comply with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, the Administrative Procedures Act, and any other general act, statutorily created duty or requirement applicable to state agencies.
Added by Laws 1996, c. 226, § 4, eff. July 1, 1996.
§59-2055. State Board of Examiners of Perfusionists - Powers and duties.
A. The State Board of Examiners of Perfusionists shall promulgate rules not inconsistent with the provisions of the Oklahoma Licensed Perfusionists Act as are necessary for the governing of the proceedings of the Board, the performance of the duties of the Board, the regulation of the practice of perfusion in this state, and the enforcement of the Oklahoma Licensed Perfusionists Act.
B. The Board shall:
1. Adopt and publish standards of professional conduct for perfusionists and adopt an official seal;
2. Establish the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses;
3. Examine, certify, and renew the licenses of duly qualified applicants and establish the requirements and procedures therefor;
4. Maintain an up-to-date list of every person licensed to practice perfusion pursuant to the Oklahoma Licensed Perfusionists Act. The list shall show the license holder's last-known place of employment, last-known place of residence and the date and number of the license;
5. Cause the prosecution of all persons violating the Oklahoma Licensed Perfusionists Act and incur necessary expenses therefor;
6. Keep a record of all proceedings of the Board and make the record available to the public for inspection during reasonable business hours;
7. Conduct hearings and issue subpoenas according to the Administrative Procedures Act, the Oklahoma Licensed Perfusionists Act, and rules promulgated by the Board.
8. Investigate or cause to be investigated alleged violations of the Oklahoma Licensed Perfusionists Act.
9. Determine and assess administrative penalties, take or request civil action, request criminal prosecution or take other administrative or civil action as specifically authorized by the Oklahoma Licensed Perfusionists Act or other law against any person or entity who has violated any of the provisions of the Oklahoma Licensed Perfusionists Act, rules promulgated thereunder, or any license or order issued pursuant thereto;
10. Enter into interagency agreements or other contracts necessary to implement the Oklahoma Licensed Perfusionists Act;
11. Share information on a case-by-case basis of any person whose license has been suspended, revoked or denied. This information shall include the name, social security number, type and cause of action, date and penalty incurred, and the length of the penalty and any other information determined necessary by the Board. This information shall be available for public inspection during reasonable business hours and shall be supplied to similar governing boards in other states upon request;
12. Establish reasonable and necessary fees for the administration and implementation of the Oklahoma Licensed Perfusionists Act;
13. Provide to its members and employees, as often as necessary, information regarding their qualifications for office or employment under the Oklahoma Licensed Perfusionists Act and their responsibilities under applicable laws relating to standards of conduct for state officers or employees;
14. Establish continuing professional education programs for licensed perfusionists and provisional licensed perfusionists pursuant to the Oklahoma Licensed Perfusionists Act, the standards of which shall be at least as stringent as those of the American Board of Cardiovascular Perfusion or its successor agency, and shall:
a. establish a minimum number of hours of continuing education required to renew a license under the Oklahoma Licensed Perfusionists Act,
b. develop a process to evaluate and approve continuing education courses,
c. identify the key factors for the competent performance by a license holder of the license holder's professional duties, and
d. adopt a procedure to assess a license holder's participation in continuing education programs;
15. By agreement, secure and provide for compensation for services that the Board considers necessary to the administration and implementation of the Oklahoma Licensed Perfusionists Act and may employ and compensate within available funds professional consultants, technical assistants, and employees on a full-time or part-time basis; and
16. Enter into agreements or contracts, consistent with state law, with outside organizations for the purpose of developing, administering, grading, or reporting the results of examinations. Such organizations must be capable of providing an examination which:
a. meets the standards of the American Board of Cardiovascular Perfusion or its successor agency,
b. is able to be validated by an independent testing professional, and
c. is nationally recognized as testing cardiovascular perfusion competencies.
Added by Laws 1996, c. 226, § 5, eff. July 1, 1996.
§59-2056. State Board of Examiners of Perfusionists - Employees and property - Executive Secretary.
A. The State Board of Examiners of Perfusionists may employ such personnel and acquire such facilities, equipment, and supplies as are necessary to assist the Board in the administration and implementation of the provisions of the Oklahoma Licensed Perfusionists Act.
B. The Board shall designate a member of the Board to serve as the Executive Secretary of the Board. The Executive Secretary shall be the administrator of the licensure activities of the Board.
C. In addition to other duties prescribed by the Oklahoma Licensed Perfusionists Act and by the Board, the Executive Secretary shall:
1. Keep full and accurate minutes of the transactions and proceedings of the Board;
2. Be the custodian of the files and records of the Board;
3. Prepare and recommend to the Board plans and procedures necessary to implement the purposes and objectives of the Oklahoma Licensed Perfusionists Act, including rules and proposals on administrative procedures consistent with the Oklahoma Licensed Perfusionists Act;
4. Exercise general supervision over persons employed by the Board in the administration of the Oklahoma Licensed Perfusionists Act;
5. Be responsible for the investigation of complaints and for the presentation of formal complaints;
6. Attend all meetings of the Board as a nonvoting participant; and
7. Handle the correspondence of the Board and obtain, assemble or prepare the reports and information that the Board may direct or authorize.
Added by Laws 1996, c. 226, § 6, eff. July 1, 1996.
§59-2057. State Board of Examiners of Perfusionists - Compensation - Liability.
A. Members of the State Board of Examiners of Perfusionists shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred while engaged in the discharge of official duties pursuant to the Oklahoma Licensed Perfusionists Act in accordance with the State Travel Reimbursement Act.
B. Members of the Board shall enjoy the same rights of protection from personal liability as those enjoyed by other employees of the state for actions taken while acting under the provisions of the Oklahoma Licensed Perfusionists Act and in the course of their duties.
Added by Laws 1996, c. 226, § 7, eff. July 1, 1996.
§59-2058. Perfusionists Licensure Fund.
There is hereby created in the State Treasury a revolving fund for the State Board of Examiners of Perfusionists to be designated the "Perfusionists Licensure Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees received by the Board and any other monies collected pursuant to the Oklahoma Licensed Perfusionists Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Board for any purpose which is reasonably necessary to carry out the provisions of the Oklahoma Licensed Perfusionists Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1996, c. 226, § 8, eff. July 1, 1996.
§592059. License - Requirements - Application - Education programs - Notice of qualification or nonqualification.
A. Except as otherwise provided in the Oklahoma Licensed Perfusionists Act, on and after January 1, 1997, no person shall practice perfusion in this state unless licensed pursuant to the provisions of the Oklahoma Licensed Perfusionists Act.
B. No person shall be licensed to practice perfusion in this state except upon a finding by the State Board of Examiners of Perfusionists that such person:
1. Has fully complied with all applicable licensure requirements of the Oklahoma Licensed Perfusionists Act;
2. Is of good moral character; and
3. Has produced satisfactory evidence to the Board of the ability of the applicant to practice perfusion with reasonable skill and safety.
C. An applicant for a perfusionist license must submit a sworn application accompanied by an application fee specified in Section 2071 of this title in an amount set by rule of the Board.
D. The Board shall prescribe the form of the application and by rule may establish dates by which applications and fees must be received. These rules must not be inconsistent with present rules of the State Board of Medical Licensure and Supervision related to application dates of other licenses.
E. To qualify for the examination for licensure, the applicant must have successfully completed a perfusion education program approved by the Board.
F. In approving perfusion education programs necessary for qualification for examination, the Board shall approve only a program that has educational standards that are at least as stringent as those established by the Accreditation Committee for Perfusion Education and approved by the Committee on Allied Health Education and Accreditation of the American Medical Association or their successors.
G. Not later than the forty-fifth day after the date of receipt of a properly submitted and timely application and not later than the thirtieth day before the next examination date, the Board shall notify an applicant in writing that the applicant's application and any other relevant evidence pertaining to applicant qualifications established by the Board by rule have been received and investigated. The notice shall state whether the application and other evidence submitted have qualified the applicant for examination. If the applicant has not qualified for examination, the notice shall state the reasons for lack of qualification.
Added by Laws 1996, c. 226, § 9, eff. July 1, 1996. Amended by Laws 2000, c. 29, § 1, emerg. eff. April 6, 2000.
§59-2060. Licenses - Examination.
A. The applicant, except where otherwise provided in the Oklahoma Licensed Perfusionists Act, shall be required to pass an examination, whereupon the State Board of Examiners of Perfusionists may issue to the applicant a license to practice perfusion. Examinations shall be prepared or approved by the Board and administered to qualified applicants at least once each calendar year.
B. An examination prescribed by the Board may be or may include the written and oral examinations given by the American Board of Cardiovascular Perfusion or by a national or state testing service in lieu of an examination prepared by the Board.
C. Not later than thirty (30) days after the date on which an examination is administered under the provisions of the Oklahoma Licensed Perfusionists Act, the Board shall notify each examinee of the results of the examination. If an examination is graded or reviewed by a national or state testing service, the Board shall notify examinees of the results of the examination within two (2) weeks after the date the Board receives the results from the testing service. If the notice of examination results will be delayed for more than ninety (90) days after the examination date, the Board shall notify the examinee of the reason for the delay before the ninetieth day.
D. If requested in writing by a person who fails the examination, the Board shall furnish the person with an analysis of the person's performance on the examination.
E. The Board by rule may establish a limit on the number of times an applicant who fails an examination may retake the examination and the requirements for retaking the examination.
Added by Laws 1996, c. 226, § 10, eff. July 1, 1996.
§59-2061. Licenses - Waiver of examination.
A. Upon the receipt of an application and application fee, the State Board of Examiners of Perfusionists shall waive the examination requirement and issue a license to practice perfusion by endorsement to an applicant who:
1. Is currently permitted, licensed or certified by another state, territory, or possession of the United States if the requirements of that state, territory, or possession for the permit, license or certificate are deemed by the Board to be equivalent to those required in this state by the Oklahoma Licensed Perfusionists Act; or
2. Holds a license as a Certified Clinical Perfusionist (CCP) by the American Board of Cardiovascular Perfusion prior to January 1, 1997, provided such license has not been not renewed, suspended or revoked; or
3. Has been practicing perfusion in a full-time capacity for a period of more than twenty-four (24) months prior to January 1, 1997; and
4. Meets and complies with all other requirements specified by the Oklahoma Licensed Perfusionists Act or rules promulgated thereto.
B. An applicant applying for a license pursuant to the provisions of this section shall certify under oath that the applicant's credentials have not been suspended, revoked, or not renewed or the applicant has not been placed on probation, or reprimanded.
Added by Laws 1996, c. 226, § 11, eff. July 1, 1996.
§59-2062. Licenses - Provisional license.
A. 1. Upon the receipt of an application and application fee, the State Board of Examiners of Perfusionists may issue a provisional license to practice perfusion for a period of one (1) year to a person permitted, licensed or certified in another state, territory, or possession of the United States who does not qualify for a licensure by endorsement pursuant to Section 11 of this act but has applied to take the examination and otherwise meets the qualifications of the Board. Provided, the applicant must show written evidence, verified by oath, that the applicant is currently practicing or has within the last six (6) months practiced perfusion in another state, territory, or possession of the United States.
2. A graduate of a perfusion education program approved by the Accreditation Committee for Perfusion Education and approved by the Committee on Allied Health Education and Accreditation of the American Medical Association or their successors, who has applied to take the examination and otherwise meets the qualifications of the Board.
3. A student currently enrolled in a perfusion education program approved by the Accreditation Committee for Perfusion Education and approved by the Committee on Allied Health Education and Accreditation of the American Medical Association or their successors may receive a provisional license as set out by the rules of the Board.
B. A person to whom a provisional license is issued pursuant to this section shall be under the supervision and direction of a licensed perfusionist at all times during which the provisional licensed perfusionist performs perfusion. Rules promulgated by the Board governing such supervision and direction shall require the immediate physical presence of the supervising licensed perfusionist.
Added by Laws 1996, c. 226, § 12, eff. July 1, 1996.
§59-2063. Licenses - Issuance.
The Board may issue a license to practice perfusion upon payment of a licensure fee specified by Section 21 of this act to any person who has:
1. Qualified pursuant to Section 10 or Section 11 of this act; or
2. Been practicing perfusion in a full-time capacity for a period of more than twenty-four (24) months prior to January 1, 1997; provided, such applicant must demonstrate through written evidence verified under oath and certified to by the employing health care facility that the applicant has in fact been employed in such capacity for more than twenty-four (24) months preceding January 1, 1997.
Added by Laws 1996, c. 226, § 13, eff. July 1, 1996.
§59-2064. Licenses - Title - Display - Copy in records - Change of address - Surrender on demand.
A. A person holding a license to practice perfusion in this state may use the title "licensed perfusionist" and the abbreviation "L.P.".
B. A license holder must:
1. Display the license in an appropriate and public manner; or
2. Maintain on file at all times during which the license provides services in a health care facility a true and correct copy of the license in the appropriate records of the facility; and
3. Keep the State Board of Examiners of Perfusionists informed of any change of address.
C. A licensure issued by the Board is the property of the Board and shall be surrendered on demand.
Added by Laws 1996, c. 226, § 14, eff. July 1, 1996.
§59-2065. Licenses - Renewal.
A. Except as otherwise provided in the Oklahoma Licensed Perfusionists Act, a license shall be renewed annually. The State Board of Examiners of Perfusionists shall mail notices at least thirty (30) calendar days prior to the expiration for renewal of licenses to every person to whom a license was issued or renewed during the preceding renewal period. A person may renew an unexpired license by submitting proof satisfactory to the Board of compliance with the continuing professional education requirements prescribed by the Board and paying a renewal fee as specified by Section 21 of this act to the Board before the expiration date of the license.
B. If a person's license has been expired for not more than ninety (90) days, the person may renew the license by submitting proof satisfactory to the Board of compliance with the continuing professional education requirements prescribed by the Board and paying to the Board a renewal fee as specified by Section 21 of this act.
C. If a person's license has been expired for more than ninety (90) days but less than two (2) years, the person may renew the license by submitting proof satisfactory to the Board of compliance with the continuing professional education requirements prescribed by the Board and paying to the Board all unpaid renewal fees and a reinstatement fee as specified by Section 21 of this act.
D. If a person's license has been expired two (2) years or more, the person may not be permitted to renew the license, but such person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license.
E. No penalty for late renewal shall be charged to any license holder whose license expires while the holder is in military service if an application for renewal is made within one (1) year following such holder's service discharge.
F. The Board is authorized to establish by rule fees for replacement and duplicate licenses.
Added by Laws 1996, c. 226, § 15, eff. July 1, 1996.
§59-2066. Exempt persons.
The provisions of the Oklahoma Licensed Perfusionists Act shall not apply to:
1. A person licensed by another health professional licensing board if:
a. the person does not represent to the public, directly or indirectly, that the person is licensed pursuant to the provisions of the Oklahoma Licensed Perfusionists Act, and does not use any name, title, or designation indicating that the person is licensed pursuant to the Oklahoma Licensed Perfusionists Act, and
b. the person confines the person's acts or practice to the scope of practice authorized by the other health professional licensing laws;
2. A student enrolled in an accredited perfusion education program if perfusion services performed by the student:
a. are an integral part of the student's course of study, and
b. are performed under the direct supervision of a licensed perfusionist assigned to supervise the student and who is on duty and immediately available in the assigned patient care area;
3. The practice of any legally qualified perfusionist employed by the United States government which is in the discharge of official duties; or
4. A person performing autotransfusion or blood conservation techniques under the supervision of a licensed physician.
Added by Laws 1996, c. 226, § 16, eff. July 1, 1996.
§59-2067. Disciplinary proceedings - Penalties.
The State Board of Examiners of Perfusionists may assess administrative penalties, revoke, suspend, or refuse to renew any license, place on probation, or otherwise reprimand a license holder or deny a license to an applicant if it finds that the person:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice perfusion;
2. Is unfit or incompetent by reason of negligence, habits, or other causes of incompetence;
3. Is habitually intemperate in the use of alcoholic beverages;
4. Is addicted to, or has improperly obtained, possessed, used, or distributed habit-forming drugs or narcotics;
5. Is guilty of dishonest or unethical conduct;
6. Has practiced perfusion after the license has expired or has been suspended, revoked or not renewed;
7. Has practiced perfusion under cover of any permit, license, or certificate illegally or fraudulently obtained or issued;
8. Has violated or aided or abetted others in violation of any provision of the Oklahoma Licensed Perfusionists Act;
9. Has been guilty of unprofessional conduct as defined by the rules established by the Board, or of violating the code of ethics adopted and published by the Board;
10. Is guilty of the unauthorized practice of medicine; or
11. Has been found to be in violation of any provision of the Oklahoma Licensed Perfusionists Act or rules promulgated thereto.
Added by Laws 1996, c. 226, § 17, eff. July 1, 1996.
§59-2068. Disciplinary proceedings - Investigation - Hearing - Costs - Publication of names and addresses.
A. Upon the filing of a written complaint with the State Board of Examiners of Perfusionists charging a person with any of the acts described in Section 17 of this act, an authorized employee of the Board may make an investigation. If the Board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the license holder, or applicant at least fifteen (15) calendar days prior thereto. The notice shall be by personal service or by certified or registered mail sent to the last-known address of the person.
B. Hearing procedures shall be conducted in accordance with, and a person who feels aggrieved by a decision of the Board may make an appeal pursuant to, Article II of the Administrative Procedures Act.
C. Any person who has been determined to be in violation of the Oklahoma Licensed Perfusionists Act or any rule promulgated thereto, in addition to any administrative penalty assessed by the Board pursuant to Section 20 of this act, shall pay for all costs incurred by the Board.
D. The Board shall make public on a case-by-case basis the names and addresses of persons whose licenses have been denied, surrendered, revoked, suspended, or who have been denied renewal of their licenses, placed on probation or otherwise reprimanded, and persons who have been practicing perfusion in violation of the Oklahoma Licensed Perfusionists Act.
Added by Laws 1996, c. 226, § 18, eff. July 1, 1996.
§59-2069. Criminal violations.
It is a misdemeanor for any person to:
1. Sell, fraudulently obtain or furnish any perfusion license or record, or aid or abet therein;
2. Practice perfusion under cover of any perfusion diploma, license, or record illegally or fraudulently obtained or issued;
3. Practice perfusion unless duly licensed to do so pursuant to the provisions of the Oklahoma Licensed Perfusionists Act;
4. Impersonate in any manner or pretend to be a perfusionist or use the title "licensed perfusionist", the letters "L.P." or other words, letters, signs, symbols, or devices to indicate the person using them is a licensed perfusionist unless duly authorized by a license to perform under the provisions of the Oklahoma Licensed Perfusionists Act;
5. Practice perfusion during the time a license is suspended, revoked, or expired or not renewed;
6. Fail to notify the Board of the suspension, probation, or revocation of any past or currently held permits, licenses, or certificates required to practice perfusion in this or any other jurisdiction;
7. Knowingly employ unlicensed persons in the practice of perfusion in the capacity of a perfusionist;
8. Make false representations or impersonate or act as a proxy for another person or allow or aid any person or impersonate the person in connection with any examination or application for licensure or request to be examined or licensed; or
9. Otherwise violate any provision of the Oklahoma Licensed Perfusionists Act.
Added by Laws 1996, c. 226, § 19, eff. July 1, 1996.
§59-2070. Penalties for violation.
A. 1. Any person who has been determined by the State Board of Examiners of Perfusionists to have violated any provision of the Oklahoma Licensed Perfusionists Act or any rule or order issued pursuant thereto may be liable for an administrative penalty of not more than Five Hundred Dollars ($500.00) for each day that said violation continues. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations that do not constitute immediate jeopardy to patients. Penalties of not more than One Thousand Dollars ($1,000.00) per day may be imposed for violations constituting immediate jeopardy to residents.
2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of paragraph 1 of this subsection, after notice and hearing. In determining the amount of the penalty, the Board shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation, the repetitive nature of the violation of the person, the previous degree of difficulty in obtaining compliance with the Oklahoma Licensed Perfusionists Act or the rules promulgated pursuant thereto and, with respect to the person found to have committed the violation, the degree of culpability, and substantial show of good faith in attempting to achieve compliance with the provisions of the Oklahoma Licensed Perfusionists Act.
3. Any license holder may elect to surrender the license of such holder in lieu of said penalty but shall be forever barred from obtaining a reissuance of the license pursuant to the Oklahoma Licensed Perfusionists Act.
B. Any person determined to be in violation of any provision of the Oklahoma Licensed Perfusionists Act, upon conviction thereof, shall be guilty of a misdemeanor and shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment for each offense.
Added by Laws 1996, c. 226, § 20, eff. July 1, 1996.
§59-2071. Fees.
The maximum fees to be charged pursuant to the Oklahoma Licensed Perfusionists Act are as follows:
Application fee for licensure $100.00
License to practice perfusion $300.00
Provisional license to practice perfusion $300.00
Renewal for unexpired license to practice perfusion $300.00
Renewal for expired license to practice perfusion if made prior to ninety (90) days after expiration of license $400.00
Renewal for expired license to practice perfusion if made between ninety (90) days and two (2) years after expiration of license $500.00
Added by Laws 1996, c. 226, § 21, eff. July 1, 1996.
§59-2081. Short title.
Sections 1 through 11 of this act shall be known and may be cited as the "Mortgage Broker Licensure Act".
Added by Laws 1997, c. 401, § 1, eff. Nov. 1, 1997.
§59-2082. Definitions.
As used in the Mortgage Broker Licensure Act:
1. "Administrator" means the Administrator of Consumer Credit;
2. "Affiliate" means an entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified;
3. "Borrower" means any person who consults with or retains a mortgage broker or loan originator in an effort to obtain or seek advice or information on obtaining or applying to obtain a residential mortgage loan for himself, herself, or persons including himself or herself, regardless of whether the person actually obtains such a loan;
4. "Commission" means the Commission on Consumer Credit;
5. "Compensation" means anything of value or any benefit including points, commissions, bonuses, referral fees and loan origination fees;
6. "Employee" means an individual who has an employment relationship acknowledged by both the employee and the mortgage broker, and the individual is treated as an employee by the mortgage broker for purposes of compliance with federal income tax laws;
7. "Independent contractor" or "person who independently contracts" means any person that expressly or implicitly contracts to perform mortgage brokering services for another and that with respect to its manner or means of performing the services is not subject to the other's right of control, and that is not treated as an employee by the other for purposes of compliance with federal income tax laws;
8. "Investor" means a person who lends or invests money in mortgage loans;
9. "Loan processor" means an individual who works under the instruction of a mortgage loan originator or mortgage broker and performs only clerical functions such as gathering information, requesting information, word processing, sending correspondence or amending files;
10. "Mortgage loan originator" means a person employed, either directly or indirectly, or retained as an independent contractor by a person required to be licensed as a mortgage broker and who is not exempt under Section 2083 of this title and who for compensation or in the expectation of compensation either directly or indirectly makes, negotiates or offers to make or negotiate a residential mortgage loan for or on behalf of a licensed mortgage broker;
11. "Mortgage banker" means any person who accepts an application for a mortgage loan or makes a mortgage loan and:
a. is an approved or authorized mortgagee with direct endorsement underwriting authority granted by the United States Department of Housing and Urban Development, or
b. closes mortgage loans in its corporate name as the originating mortgagee and funds a minimum of eighty percent (80%) of the total annual numeric volume of mortgage loans it originates for sale into the secondary mortgage market with its own corporate funds, or
c. is approved as a seller or servicer by the Federal National Mortgage Association, Federal Home Loan Mortgage Association or the Government National Mortgage Association;
12. "Mortgage broker" means any person who is not exempt under Section 2083 of this title and who for compensation or in the expectation of compensation either directly or indirectly makes, negotiates or offers to make or negotiate a residential mortgage loan;
13. "Person" means an individual, corporation, company, limited liability company, partnership, association, or similar legal entity;
14. "Mortgage loan" means any loan secured by a mortgage, deed of trust or any lien interest on residential real estate located in this state created with the consent of the owner of the real estate; and
15. "Third-party provider" means any person other than a mortgage broker or lender who provides goods or services to the mortgage broker in connection with the preparation of the borrower's loan and includes, but is not limited to, credit reporting agencies, title companies, appraisers, structural and pest inspectors, or escrow companies.
Added by Laws 1997, c. 401, § 2, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 1, eff. Nov. 1, 1998; Laws 2002, c. 469, § 1, eff. July 1, 2003; Laws 2005, c. 131, § 1, eff. July 1, 2005; Laws 2006, c. 16, § 41, emerg. eff. March 29, 2006.
NOTE: Laws 2005, c. 112, § 1 repealed by Laws 2006, c. 16, § 42, emerg. eff. March 29, 2006.
§59-2083. Exemptions.
The following are exempt from all provisions of the Mortgage Broker Licensure Act:
1. Any person authorized to do business under the laws of this state or the United States regulating commercial banks, bank holding companies, savings banks, trust companies, savings and loan associations, credit unions, supervised lenders as defined in paragraph 2 of Section 3-501 of Title 14A of the Oklahoma Statutes or affiliates or subsidiaries thereof, or real estate investment trusts as defined in 26 U.S.C., Section 856 and the affiliates, subsidiaries, and service corporations thereof;
2. Any attorney licensed to practice law in this state who is not principally engaged in the business of negotiating residential mortgage loans when such attorney renders services in the course of his or her practice as an attorney;
3. Any person making or acquiring a residential mortgage loan solely with his or her own funds for his or her own investment without intending to resell the residential mortgage loans;
4. Any mortgage broker solely engaged in transactions approved and subject to auditing by the Federal National Mortgage Association, the Government National Mortgage Association, the Department of Housing and Urban Development (HUD), the Federal Home Loan Mortgage Corporation, or the Department of Veterans Affairs;
5. The United States of America, the State of Oklahoma, any other state and any political subdivision of this state, or their instrumentalities;
6. Any real estate broker or sales associate licensed by this state who assists the borrower in obtaining financing for a real estate transaction involving a bona fide sale of real estate in the performance of his or her duties as a real estate broker or associate and who receives only the customary real estate broker's or associate's commission in connection with the transaction;
7. Any real estate broker or sales associate licensed by this state who provides only information regarding rates, terms, and lenders, who receives a fee for providing such information, who conforms to all rules of the Oklahoma Real Estate Commission with respect to the providing of such service, and who discloses on a form approved by the Administrator of Consumer Credit that to obtain a loan the borrower must deal directly with a mortgage broker or lender; however, such real estate broker or sales associate shall not be exempt if he or she does any of the following:
a. holds himself or herself out as able to obtain a mortgage loan from a lender for another,
b. accepts a mortgage loan application, or submits a mortgage loan application to a lender,
c. accepts any deposit for third-party services or any compensation from a borrower, whether such compensation is paid before, upon, or after the closing of the mortgage loan, or
d. negotiates rates or terms with a lender on behalf of a borrower;
8. Any insurance company or its affiliates, subsidiaries, and service corporations authorized to do business under the laws of this state and any agent of any such insurance company, affiliate, subsidiary, or service corporation:
a. if the agent holds a current license as an insurance agent from the Insurance Department,
b. if the agent performs services which would otherwise require a license under the Mortgage Broker Licensure Act only for an insurance company, affiliate, subsidiary, or service corporation for which the agent has been appointed and the appointment has been approved by the Insurance Commissioner, and
c. if the insurance company, affiliate, subsidiary, or service corporation agrees to accept liability for the acts of its agents;
9. Any employee of a person licensed or exempt from licensing under this act when acting within the scope of their employment; and
10. A mortgage banker as defined in paragraph 11 of Section 2082 of this title.
Added by Laws 1997, c. 401, § 3, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 2, eff. Nov. 1, 1998; Laws 2002, c. 469, § 2, eff. July 1, 2003; Laws 2005, c. 131, § 2, eff. July 1, 2005.
§59-2084. Engaging in business of mortgage broker without a license prohibited - Exception for certain independent contractors.
Unless exempt from licensure under the Mortgage Broker Licensure Act, a person may not engage in the business of a mortgage broker without first obtaining and maintaining a license under the Mortgage Broker Licensure Act. However, a person who independently contracts with a licensed mortgage broker to perform mortgage broker services need not be licensed if the licensed mortgage broker and the independent contractor have on file with the Administrator of Consumer Credit a binding written agreement under which the licensed mortgage broker assumes responsibility for the independent contractor's violations of any provision of this act or rules promulgated pursuant to the provisions of the Mortgage Broker Licensure Act.
Added by Laws 1997, c. 401, § 4, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 3, eff. Nov. 1, 1998.
§59-2085. Licensure requirements - Term of license - Denial - Fees - Inactive status - Display of license - Places of business - Initial licenses - Licensed mortgage loan originator.
A. 1. A person of good moral character who:
a. has at least three (3) years' experience in the residential mortgage loan industry as a mortgage loan originator or mortgage broker or real estate sales, title or lending industry during the five (5) years immediately preceding the time of application, or
b. has satisfactorily completed applicable educational requirements as established by rule of the Commission on Consumer Credit during the three (3) years immediately preceding the time of application, and
c. has passed a mortgage broker test pursuant to Section 2092 of this title not more than one (1) year preceding the time of application,
may make application to the Administrator of Consumer Credit for a mortgage broker license.
2. Application for a mortgage broker license shall be made upon forms prescribed by the Administrator and shall be accompanied by a nonrefundable application fee as set by rule of the Commission. The Commission or Administrator may require additional information on the experience, background, honesty, truthfulness, integrity and competency of the applicant and any responsible individual designated by the applicant. If the applicant is a person other than a natural person, the Administrator may require information as to the honesty, truthfulness, integrity and competency of any officer, director, shareholder or other interested party of the applicant.
3. Upon approval by the Administrator of the application and payment of the license fee provided for in the Mortgage Broker Licensure Act the Administrator shall issue to the applicant a license which shall authorize the applicant to act as a mortgage broker.
4. If a licensee is a person other than a natural person, the license issued entitles all officers, directors, members, partners, trustees and employees of the licensed corporation, partnership, association or trust to engage in the mortgage business if one officer, director, member, partner, employee or trustee of the person is designated in the license as the individual responsible for the person under this article. If a licensee is a natural person, the license entitles all employees of the licensee to engage in the mortgage business. If the natural person is not a resident of this state, an employee of the licensee shall be designated in the license as the individual responsible for the licensee under the provisions of this article. For purposes of this paragraph, an employee does not include an independent contractor. A responsible individual shall be a resident of this state, shall be in active management of the activities of the licensee governed by the Mortgage Broker Licensure Act and shall meet the qualifications set forth in this subsection for a licensee.
5. A licensee shall notify the Administrator that its responsible individual will cease to be in active management of the activities of the licensee within ten (10) days of knowledge of that fact. The licensee has ninety (90) days after the notification is received by the Administrator within which to replace the responsible individual with a qualified replacement and to notify the Administrator of the replacement. If the license is not placed under active management of a qualified responsible individual and if notice is not given to the Administrator within the ninety-day period, the license shall expire.
6. A licensee shall not employ any person unless the licensee:
a. conducts a reasonable investigation of the background, honesty, truthfulness, integrity and competency of the employee before hiring the employee, and
b. keeps a record of the background investigation for a minimum of two (2) years after termination of the employee from employment with the licensee.
7. A license is not transferable nor may it be assigned and control of a licensee may not be acquired through a stock purchase or other device without the prior written consent of the Administrator. Written consent shall not be given if the Administrator finds that any of the grounds for denial, revocation or suspension of a license as set forth in Section 2088 of this title are applicable to the acquiring person. For purposes of this paragraph, "control" means the power to vote more than twenty percent (20%) of outstanding voting shares of a licensed corporation, partnership, association or trust.
8. The licensee is liable for any damage caused by any employees while acting within the scope of employment as an employee of the licensee.
9. The examination and course of study requirements of this section may be waived by the Administrator for any person applying for a license who, within six (6) months immediately prior to the submission of the application to the Administrator, has been a licensee or a responsible person pursuant to the Mortgage Broker Licensure Act.
B. A license issued under this act shall be valid for a period of one (1) year, unless otherwise revoked or suspended by the Administrator.
C. The Administrator, on determining that the applicant is qualified and upon payment of the fees by the applicant, shall issue a license to the applicant which is evidenced by a continuous certificate. The Administrator shall grant or deny a license within thirty (30) days after receipt of the completed application and appropriate fees. An applicant who has been denied a license may not reapply for the license for sixty (60) days from the date of the previous application.
D. A licensee shall pay the renewal fee on or before December 31. Licenses not renewed by December 31 will be suspended and the licensee shall not act as a mortgage broker until the license is renewed or a new license is issued pursuant to the Mortgage Broker Licensure Act. A person may renew a suspended license by paying the renewal fee plus Twenty-five Dollars ($25.00) for each day after December 31 that a license renewal fee is not received by the Administrator and making application for renewal in the manner prescribed by the Administrator. Licenses which are not renewed by February 1 of the subsequent year shall expire. A license shall not be granted to the holder of an expired license except as provided in the Mortgage Broker Licensure Act for the issuance of an original license.
E. On or before December 31, a licensee may request inactive status for the following license year, and the license shall be placed on inactive status after payment to the Administrator of the inactive status renewal fee prescribed in this section and the surrender of the license to the Administrator. During inactive status, an inactive licensee shall not act as a mortgage broker. A licensee may not be on inactive status for more than two (2) consecutive years, nor for more than four (4) years in any ten-year period. The license is deemed expired for violation of any of the limitations of this subsection.
F. An inactive licensee may return to active status notwithstanding the requirement of this section by making a request in writing to the Administrator for reactivation and paying the prorated portion of the annual fee that would have been charged to the licensee to maintain normal active status. The licensee shall also provide the Administrator with proof that the licensee meets all of the other requirements for acting as a mortgage broker.
G. A licensee shall prominently display the mortgage broker license in the office of the mortgage broker.
H. Every licensed mortgage broker shall designate and maintain a principal place of business in this state for the transaction of business. The license shall specify the address of the principal place of business. If a licensee wishes to maintain one or more locations for the transaction of business in addition to a principal place of business, the licensee shall first obtain a branch office license from the Administrator and designate a person for each branch office to oversee the operations of that branch office. The licensee shall submit a fee as set forth in this section for each branch office license issued. If the Administrator determines that the applicant is qualified, the Administrator shall issue a branch office license indicating the address of the branch office. The licensee shall conspicuously display the branch office license in the branch office. If the address of the principal place of business or of any branch office is changed, the licensee shall immediately notify the Administrator of the change and the Administrator shall endorse the change of address on the license for a fee as prescribed in this section.
I. 1. Initial and renewal license fees shall be One Hundred Dollars ($100.00) for each year.
2. Branch office fees shall be Fifty Dollars ($50.00) for each year.
3. Inactive status fees shall be Fifty Dollars ($50.00) for each year.
4. A fee of Ten Dollars ($10.00) shall be charged for each change of address on a branch office license.
5. Individual and renewal license fees for a mortgage loan originator license shall be Fifty Dollars ($50.00) for each year.
6. A fee of Ten Dollars ($10.00) shall be charged for each change of a sponsor listed on the license of a mortgage loan originator.
These fees shall be deposited in the Oklahoma Mortgage Brokers Recovery Fund.
J. A person may be denied a license for any of the causes set forth in subsection B of Section 2088 of this title.
K. A mortgage broker who held a current license as of July 1, 2003, which was issued under the Mortgage Broker Licensure Act shall be granted an initial license by the Administrator pursuant to the provisions of this section.
L. To be eligible to be a licensed mortgage loan originator, a person must make application to the Administrator of Consumer Credit. The person making application must meet the following criteria:
1. The person must be an individual who is at least eighteen (18) years of age;
2. The person must be a citizen of the United States of America or a lawfully admitted alien;
3. The person must designate in the application the name of the licensed mortgage broker sponsoring the mortgage loan originator;
4. The person must have at least eighteen (18) months of experience as a mortgage loan originator as evidenced by documentary proof of full-time employment as a mortgage loan originator with a licensed mortgage broker or a person exempt from licensure under Section 2083 of this title, or passes a mortgage loan originator test pursuant to Section 2092 of this title not more than one (1) year preceding the application; and
5. The person has not been convicted of a criminal offense the Administrator determines directly relates to the occupation of a mortgage loan originator.
Added by Laws 1997, c. 401, § 5, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 4, eff. Nov. 1, 1998; Laws 2002, c. 469, § 3, eff. July 1, 2003; Laws 2003, c. 330, § 1, eff. July 1, 2003; Laws 2004, c. 372, § 1, eff. July 1, 2004.
§59-2086. Written agreement with lender required - Written disclosure of fees and costs - Borrower to receive certain documents if unable to obtain loan - Certain compensation prohibited.
A. A mortgage broker shall have a written correspondent or loan brokerage agreement with a lender before any solicitation of, or contracting with, the public.
B. 1. Upon receipt of a loan application and before the receipt of any monies from a borrower, a mortgage broker shall provide to each borrower a full written disclosure containing an itemization and explanation of all fees and costs that the borrower is required to pay in connection with obtaining a residential mortgage loan, or specifying the fee or fees which inure to the benefit of the mortgage broker and other such disclosures as may be required by rule of the Commission on Consumer Credit.
2. A good faith estimate of a fee or cost shall be provided if the exact amount of the fee or cost is not determinable.
3. This subsection shall not be construed to require disclosure of the distribution or breakdown of loan fees, discount, or points between the mortgage broker and any lender or investor.
C. If a borrower is unable to obtain a loan for any reason and the borrower has paid for an appraisal, title report, or credit report, the mortgage broker shall give a copy of the appraisal, title report, or credit report to the borrower and transmit the originals to any other mortgage broker or lender to whom the borrower directs that the documents be transmitted. The mortgage broker must provide the copies or transmit the documents within five (5) business days after the borrower has made the request in writing.
D. 1. Except as otherwise permitted by this subsection, no mortgage broker or mortgage loan originator shall receive a fee, commission, or compensation of any kind in connection with the preparation, negotiation, and brokering of a residential mortgage loan unless a borrower actually obtains a loan from a lender on the terms and conditions agreed upon by the borrower and mortgage broker.
2. A mortgage broker may solicit or receive fees for third-party provider goods or services in advance. The mortgage broker may not charge more for the goods and services than the actual costs of the goods or services charged by the third-party provider.
Added by Laws 1997, c. 401, § 6, eff. Nov. 1, 1997. Amended by Laws 2002, c. 469, § 4, eff. July 1, 2003; Laws 2003, c. 330, § 2, eff. July 1, 2003.
§59-2087. Trust account.
A. A mortgage broker shall deposit, prior to the end of the next business day, all monies received from borrowers for third-party provider services in a trust account of a federally insured financial institution located in this state. The trust account shall be designated and maintained for the benefit of borrowers. Monies maintained in the trust account shall be exempt from execution, attachment, or garnishment. A mortgage broker shall not in any way encumber the corpus of the trust account or commingle any other operating funds with trust account funds.
B. Withdrawals from the trust account shall be only for the payment of bona fide services rendered by a third-party provider or for refunds to borrowers. Any interest earned on the trust account shall be refunded or credited to the borrowers at closing. Any monies remaining in the trust account after payment to third-party providers shall be refunded to the borrower.
C. The mortgage broker shall pay third-party providers no later than thirty (30) days after completion of the third-party service.
D. A mortgage broker shall maintain accurate, current, and readily available records of the trust account until at least three (3) years have elapsed following the effective period to which the records relate. The records shall be subject to audit by the Administrator of Consumer Credit pursuant to an investigation conducted under Section 2088 of this title.
Added by Laws 1997, c. 401, § 7, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 5, eff. Nov. 1, 1998.
§59-2088. Investigations and sanctions.
A. The Administrator of Consumer Credit may upon his or her own motion, and shall upon written complaint filed by any person, investigate the business transactions of any mortgage broker or mortgage loan originator and, after notice and hearing, may, for any cause as set forth in subsection B of this section, impose the following sanctions:
1. Reprimand;
2. Probation for a specified period of time;
3. Suspension of license for specified periods of time;
4. Revocation of license;
5. Imposition of an administrative fine which shall be not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) for each violation nor exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single incident or transaction;
6. Restitution of actual damages suffered by the complaining person; or
7. Any combination of sanctions as provided for by paragraphs 1 through 6 of this subsection.
B. Cause shall be established upon clear and convincing evidence that any mortgage broker, mortgage loan originator or employee of a mortgage broker or mortgage loan originator has performed or has attempted to perform, or is performing or is attempting to perform any of the following acts:
1. Making a materially false or fraudulent statement in an application for license;
2. Making substantial misrepresentations or false promises in the conduct of business as a mortgage broker or through advertising;
3. Failing to escrow, account for, or remit monies or documents as required by this act;
4. Commingling monies as prohibited by this act;
5. Having been convicted in a court of competent jurisdiction of having violated any provision of the federal fair housing laws, 42 U.S.C., Section 3601 et seq.;
6. Having been convicted in a court of competent jurisdiction in this or any other state of the crime of forgery, embezzlement, obtaining money under false pretenses, extortion, conspiracy to defraud, fraud, or any similar offense or offenses, or pleading guilty or nolo contendere to any such offense or offenses;
7. Failing to pay the fees or obtain a license as required under the Mortgage Broker Licensure Act or to comply with an order lawfully issued pursuant to the Mortgage Broker Licensure Act; or
8. Having violated any provision of the Mortgage Broker Licensure Act.
Added by Laws 1997, c. 401, § 8, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 6, eff. Nov. 1, 1998; Laws 2002, c. 469, § 5, eff. July 1, 2003; Laws 2003, c. 330, § 3, eff. July 1, 2003.
§59-2089. Criminal penalties - Injunctions and restraining orders.
A. In addition to any other penalties provided by law, any person without a license as required by the Mortgage Broker Licensure Act who engages in the business of a mortgage broker or mortgage loan originator or who willingly and knowingly violates any provision of the Mortgage Broker Licensure Act, upon conviction, shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) for each violation. Each violation shall be a separate offense under this section.
B. In addition to any civil or criminal actions authorized by law, the Administrator of Consumer Credit, the Attorney General, or the district attorney may apply to the district court in the county in which a violation of the Mortgage Broker Licensure Act has allegedly occurred for an order enjoining or restraining the person from continuing the acts specified in the complaint. The court may grant any temporary or permanent injunction or restraining order, without bond, as it deems just and proper.
Added by Laws 1997, c. 401, § 9, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 7, eff. Nov. 1, 1998; Laws 2002, c. 469, § 6, eff. July 1, 2003; Laws 2003, c. 330, § 4, eff. July 1, 2003.
§59-2090. Mortgage Broker Advisory Committee.
A. There is hereby created the "Mortgage Broker Advisory Committee" which shall advise the Commission on Consumer Credit on matters pertaining to the licensure, regulation, and discipline of mortgage brokers and mortgage loan originators required to be licensed under the provisions of the Mortgage Broker Licensure Act.
B. 1. Except as provided in paragraph 2 of this subsection, the Committee shall be comprised of four (4) licensed mortgage brokers and one person with experience in the title industry. Three members of the Committee shall be appointed by the Governor, two licensed mortgage brokers and one person with experience in the title industry. The remaining two members of the Committee shall be appointed by the Oklahoma Association of Mortgage Brokers. Each member shall serve a term of three (3) years and until a successor is appointed and qualified. Members may be removed for misconduct, incompetency, or neglect of duty.
2. Members initially appointed to the Committee shall have been active in the mortgage broker business in this state for at least two (2) years prior to appointment and shall complete licensure requirements within one (1) year of appointment. Initial members shall serve staggered terms as follows: two members shall be appointed for a term of one (1) year each, two members shall be appointed for a term of two (2) years each, and one member shall be appointed for a term of three (3) years. Thereafter, these members may be appointed for three-year terms of office. All terms of office shall expire on October 31.
C. The Committee shall elect a chair from among its membership. Meetings shall be held at least quarterly. Special meetings may be called by request of the Commission. A majority of the Committee shall constitute a quorum for the transaction of business. Each member shall receive reimbursement for travel expenses in accordance with the provisions of the State Travel Reimbursement Act. The Committee shall be subject to the provisions of the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
Added by Laws 1997, c. 401, § 10, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 8, eff. Nov. 1, 1998; Laws 2002, c. 469, § 7, eff. July 1, 2003.
§59-2091. Oklahoma Mortgage Brokers Recovery Fund.
A. 1. There is hereby created in the State Treasury a revolving fund for the Commission on Consumer Credit to be designated the "Oklahoma Mortgage Brokers Recovery Fund". The fund shall consist of monies received by the Administrator of Consumer Credit as license fees, application fees and any administrative fines imposed pursuant to the Mortgage Broker Licensure Act.
2. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Administrator. Monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Commission, pursuant to rules promulgated by the Commission, for the purposes specified in subsection B of this section and for reimbursement or payment of any direct and indirect administrative expenses incurred by the Commission. The provisions of this paragraph shall have retroactive and prospective application.
3. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
B. 1. Subject to the limitations of this subsection, monies in the fund shall be used to reimburse any person in an amount not to exceed Five Thousand Dollars ($5,000.00) who has been adjudged by a court of competent jurisdiction to have suffered monetary damages by a person required to have a license under the Mortgage Broker Licensure Act in any transaction or series of transactions for which a license is required under the Mortgage Broker Licensure Act because of the acquisition of money or property by fraud, misrepresentation, deceit, false pretenses, artifice, trickery, or by any other act which would constitute a violation of the Mortgage Broker Licensure Act.
2. Payments for claims based on judgments against any one person required to have a license under this act shall not exceed in the aggregate Thirty Thousand Dollars ($30,000.00).
3. Payments for claims may only be made for a cause of action which has accrued on or after November 1, 1997, and which has accrued not more than two (2) years prior to filing the action in district court.
Added by Laws 1997, c. 401, § 11, eff. Nov. 1, 1997. Amended by Laws 1998, c. 170, § 9, eff. Nov. 1, 1998; Laws 1999, c. 223, § 1, emerg. eff. May 26, 1999.
§59-2092. Mortgage broker tests.
A. The Administrator of consumer credit shall appoint the Mortgage Broker Advisory Committee to serve as a testing committee to create, periodically update and establish standards for passing a test for mortgage brokers and all mortgage loan originators. The test is subject to the approval of the Administrator.
B. Each applicant for an original license as a mortgage broker or as a mortgage loan originator, before issuance of the license, shall personally take and pass the written test given under the supervision of the Administrator. The test must reasonably examine the applicant's knowledge of:
1. The obligations between principal and agent, the applicable canons of business ethics, the provisions of the Mortgage Broker Licensure Act and the rules adopted under the Mortgage Broker Licensure Act;
2. The arithmetical computations common to mortgage brokerage;
3. The principles of real estate lending; and
4. The general purposes and legal effect of mortgages, deeds of trust and security agreements.
C. The Administrator shall administer the test to applicants for licenses not less than once every three (3) months. The Administrator shall reasonably prescribe the time, place and conduct of testing and collect a fee for administration of the test to be assessed to all persons taking the test. The fee is One Hundred Fifty Dollars ($150.00) per testing. An applicant may not take the test more than two times within a twelve-month period.
D. All tests shall be given, conducted and graded in a fair and impartial manner and without unfair discrimination between individuals tested. The Administrator shall inform the applicant of the result of the test within thirty (30) business days.
E. For testing purposes, the Administrator shall prepare a handbook for mortgage brokers and mortgage loan originators and distribute the handbook to all applicants for a fee that shall not exceed the actual cost of producing and distributing the handbook.
F. For the purposes of this section, "applicant" means a person who has submitted a completed application in the form prescribed by law.
Added by Laws 2002, c. 469, § 8, eff. July 1, 2003. Amended by Laws 2003, c. 330, § 5, eff. July 1, 2003.
§59-2093. License renewal or reactivation - Continuing education courses.
A. As a condition of renewal or reactivation of the mortgage broker license, each licensee shall submit to the Administrator of Consumer Credit evidence of completion of a specified number of hours of continuing education courses approved by the Administrator, within the preceding term for which the license is to be issued. The number of hours, or its equivalent, required for each licensed term shall be determined by the Mortgage Broker Advisory Committee and promulgated by rule. Each licensee shall be required to complete and include as part of said continuing education a certain number of required subjects as prescribed by rule.
B. The continuing education courses required by this section shall be satisfied by courses approved by the Administrator and offered by:
1. The Commission on Consumer Credit;
2. A technology center school;
3. A college or university;
4. A private school;
5. The Oklahoma Association of Mortgage Brokers, the National Association of Mortgage Brokers, or any affiliate thereof;
6. The Oklahoma Bar Association, American Bar Association, or any affiliate thereof; or
7. An education provider.
C. The Administrator shall maintain a list of courses which are approved by the Administrator.
D. The Administrator shall not issue an active renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.
E. The provisions of this section do not apply:
1. During the period a license is on inactive status; or
2. To a nonresident licensee licensed in this state if the licensee maintains a current license in another state and has satisfied the continuing education requirement for license renewal in that state.
Added by Laws 2002, c. 469, § 9, eff. July 1, 2003. Amended by Laws 2005, c. 112, § 2, eff. July 1, 2005.
§59-2301. Short title.
This act shall be known and may be cited as the "Oklahoma Licensed Pedorthists Act".
Added by Laws 2001, c. 190, § 1, eff. Nov. 1, 2001.
§59-2302. Definitions.
As used in the Oklahoma Licensed Pedorthists Act:
1. "Accommodative device" means a device designed with a primary goal of conforming to the individual's anatomy;
2. "Board" means the State Board of Medical Licensure and Supervision;
3. "Certified Pedorthist (C. Ped.)" means a professional whose competence in the practice of pedorthics is attested to by issuance of a credential by the Board for Certification in Pedorthics;
4. "Committee" means the Advisory Committee on Pedorthics created by Section 5 of this act;
5. "Department" means the State Department of Health;
6. "Licensed Pedorthist" means a person who is licensed as required by the Oklahoma Licensed Pedorthists Act, who regularly practices pedorthics, and who is therefore entitled to represent himself or herself to the public by a title or description of services that includes the term "pedorthist";
7. "Pedorthic devices" means therapeutic shoes, shoe modifications made for therapeutic purposes, partial foot prostheses, and custom made orthoses, inserts, inlays or variants thereof for use from the ankle and below, but does not include nontherapeutic accommodative inlays or nontherapeutic accommodative footwear, regardless of method of manufacture, unmodified over-the-counter shoes, or prefabricated foot care products;
8. "Practice of pedorthics" means the practice, pursuant to a written prescription from a physician when addressing a medical condition, of evaluating, planning treatment, measuring, designing, fabricating, assembling, fitting, adjusting, managing of the patient, or servicing necessary to accomplish the application of a pedorthic device for the prevention or amelioration of painful and/or disabling conditions of the foot and ankle; and
9. "Therapeutic device" means a device that addresses a medical condition.
Added by Laws 2001, c. 190, § 2, eff. Nov. 1, 2001.
§59-2303. Persons to whom act does not apply.
The Oklahoma Licensed Pedorthists Act shall not apply to:
1. Physicians licensed by this state to practice medicine and surgery (M.D.), chiropractic (D.C.), osteopathy (D.O.), or podiatry (D.P.M.) when engaging in the practice or practices for which the person is licensed;
2. A person licensed by this state as a physical therapist when engaging in the practice for which licensed;
3. Persons whose competence is credentialed by a certifying agency recognized by the State Board of Medical Licensure and Supervision; or
4. The practice of pedorthics by:
a. a person who is employed by the United States government or any entity thereof while in the discharge of the employee's assigned duties,
b. a student enrolled in a school of pedorthics recognized by the Board, or
c. a student participating in a Board-recognized work experience program or internship in pedorthics.
Added by Laws 2001, c. 190, § 3, eff. Nov. 1, 2001.
§59-2304. Powers of Board of Medical Licensure and Supervision.
A. The State Board of Medical Licensure and Supervision is hereby authorized to adopt and promulgate rules, pursuant to the Oklahoma Administrative Procedures Act, that it deems necessary for the implementation and enforcement of the Oklahoma Licensed Pedorthists Act, including but not limited to, qualifications for licensure, qualifications for registration, renewals, reinstatements, continuing education requirements, and fees. In doing so the Board shall give utmost consideration to the recommendations of the Advisory Committee on Pedorthics.
B. The Board is hereby empowered to perform investigations, to require the production of records and other documents relating to practices regulated by the Oklahoma Licensed Pedorthists Act, and to seek injunctive relief.
Added by Laws 2001, c. 190, § 4, eff. Nov. 1, 2001.
§59-2305. Advisory Committee on Pedorthics - Members - Duties.
A. There is hereby created, to continue until July 1, 2007, in accordance with the provisions of the Oklahoma Sunset Law, an Advisory Committee on Pedorthics, which shall consist of five (5) voting members to be appointed by the State Board of Medical Licensure and Supervision to three-year terms ending December 31; provided, initial appointments shall be staggered such that two members are appointed for one (1) year, two members are appointed for two (2) years, and one member is appointed for three (3) years.
B. One member shall be a licensed physician who is a member of the State Board of Medical Licensure and Supervision. One member shall be a physician licensed to practice podiatric medicine by the Board of Podiatric Medical Examiners. One member shall be a member of the public who is a consumer of pedorthic services. Two members shall be pedorthists certified by the Board for Certification in Pedorthics or pedorthists licensed by the State Board of Medical Licensure and Supervision.
C. Members shall serve until their successors are appointed and qualified; provided, no member shall serve more than eight (8) consecutive years or two full terms, whichever is greater.
D. The Committee shall annually elect a chair and vice-chair from among the members. The chair or vice-chair and two other members shall constitute a quorum. Members shall be reimbursed from funds available to the State Board of Medical Licensure and Supervision pursuant to the State Travel Reimbursement Act.
E. 1. The Committee shall advise the Board on matters pertaining to pedorthics, including but not limited to:
a. scope and standards of practice,
b. licensure and registration requirements, examination requirements, exceptions thereto, renewal requirements, temporary licensure or registration, and endorsement or reciprocity requirements,
c. methods and requirements for ensuring the continued competence of licensed and registered persons,
d. grounds for probation, revocation or suspension of license or registration, reinstatement provisions,
e. fees, and
f. all other matters which may pertain to the practice of pedorthics.
2. The Committee shall review and make recommendations to the Board on all applications for licensure and registration.
3. The Committee shall assist and advise the Board in all hearings related to the enforcement of the Oklahoma Licensed Pedorthists Act.
Added by Laws 2001, c. 190, § 5, eff. Nov. 1, 2001.
§59-2306. Licensure and registration - Qualifications - Alternative qualification contracts - Licensure and registration without examination.
A. The State Board of Medical Licensure and Supervision, with the assistance of the Advisory Committee on Pedorthics, shall establish qualifications for licensure and registration under the Oklahoma Licensed Pedorthists Act. The Board shall also provide, as set forth herein, an alternative qualification licensure opportunity for current practitioners in this state and for practitioners coming into this state prior to November 1, 2004, who are unable to meet standard qualifications.
B. To be licensed to practice pedorthics according to standard qualifications, a person shall have passed all examinations required for certification by the Board for Certification in Pedorthics (BCP). Once licensed, a pedorthist shall meet continuing education and annual renewal requirements to maintain pedorthic licensure. The licensed pedorthist shall also adhere to a code of ethics adopted by the Board upon recommendation of the Committee. Absent another professional certification or credential, a licensed pedorthist shall not diagnose, prescribe, provide prognosis, perform invasive procedures, or make, without a prescription, any custom or customized shoe, device, or modification addressing a medical condition.
C. To be licensed under alternative qualification a person shall:
1. Pass an examination, which may be an available examination designated by the State Board of Medical Licensure and Supervision or an examination developed by the Board; or
2. Enter into an alternative qualification contract with the State Board of Medical Licensure and Supervision, the conditions of which shall be based on the Board's evaluation of the applicant's experience and the Board's determination of further experience needed or other requirements to be met, which contract shall specify a period of time not to exceed ten (10) years for completion of the further experience or requirements.
D. Upon execution of the alternative qualification contract, the Board shall issue a license and shall renew the license subject to the licensee's making satisfactory progress as required by the contract. Persons who satisfactorily complete the alternative qualification contract shall be thereafter considered as having met the qualification necessary for license renewal.
E. No person shall be permitted to enter into an alternative qualification contract after October 31, 2004. A person who has not done so by October 31, 2004, shall not be issued a license to practice pedorthics without meeting standard qualifications.
F. Notwithstanding any other provision of this section, a person who has practiced full time during the three-year period immediately preceding the effective date of this act in a pedorthic facility as a pedorthist, may file an application with the Board within ninety (90) days from the effective date of this act for permission to continue to practice at his or her identified level of practice. The Board, after verifying the applicant's work history and receiving payment of the application fee as established pursuant to this act, shall without examination of the applicant, issue the applicant a license or certificate of registration. For making investigations necessary to verify the work history, the Board may require that the applicant complete a questionnaire regarding the work history and scope of practice. The Board shall take no more than six (6) months to make the investigations necessary to verify the work history. Applicants applying after the ninety-day application period of this subsection has expired, shall meet the qualifications elsewhere set forth for standard or alternative qualification for licensure or for registration as determined by the Board.
Added by Laws 2001, c. 190, § 6, eff. Nov. 1, 2001.
§59-2307. Circumstances under which care or services may be provided - Practice without license or registration - Fines.
A. A licensed pedorthist may only provide care or services pursuant to an order from a licensed podiatrist, physician, or chiropractor, when addressing a medical condition, or when evaluating, planning treatment, measuring, designing, fabricating, assembling, fitting, adjusting, managing of the patient, or servicing necessary to accomplish the application of a pedorthic device for the prevention or amelioration of painful or disabling conditions of the foot and ankle.
B. Effective January 1, 2002, any person who holds himself or herself out to be a pedorthist or uses the title pedorthist or common variants of that title without holding an appropriate license issued by the State Board of Medical Licensure and Supervision, or who, without being registered by the Board, dispenses pedorthic devices, or who is in violation of any provision of the Oklahoma Licensed Pedorthists Act shall be subject to an administrative fine for each day found to be in violation. The amount of any fine shall be determined by the Board within limits set by the Board pursuant to rules adopted and promulgated by the Board and may be in addition to any other penalty provided by the Board or otherwise provided by law.
Added by Laws 2001, c. 190, § 7, eff. Nov. 1, 2001.
§59-2308. Public roster of names and addresses.
The State Board of Medical Licensure and Supervision shall maintain a current roster of the names and addresses of all persons licensed or registered pursuant to the Oklahoma Licensed Pedorthists Act and of all persons whose licenses or registrations have been suspended or revoked pursuant to the act. This roster shall be a public document available pursuant to the Oklahoma Open Records Act.
Added by Laws 2001, c. 190, § 8, eff. Nov. 1, 2001.
§59-3001. Short title.
This act shall be known and may be cited as the "Orthotics and Prosthetics Practice Act".
Added by Laws 2001, c. 158, § 1, eff. Nov 1, 2001.
§59-3002. Definitions.
As used in the Orthotics and Prosthetics Practice Act:
1. "Board" means the State Board of Medical Licensure and Supervision;
2. "Committee" means the Advisory Committee on Orthotics and Prosthetics;
3. "Licensed orthotist" means a person licensed under the Orthotics and Prosthetics Practice Act to practice orthotics and who is entitled to represent himself or herself to the public by a title or description of services that includes the term "orthotic" or "orthotist";
4. "Licensed prosthetist" means a person licensed under the Orthotics and Prosthetics Practice Act to practice prosthetics and who is entitled to represent himself or herself to the public by a title or description of services that includes the term "prosthetic" or "prosthetist";
5. "Orthosis" means a custom-fabricated or custom-fitted brace or support designed to provide for alignment, correction, or prevention of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity, not excluding those of the foot; provided, however, "orthosis" does not include soft goods such as fabric or elastic supports, corsets, arch supports, low-temperature plastic splints, trusses, elastic hose, canes, crutches, soft cervical collars, dental appliances, or essentially equivalent devices commonly sold as over-the-counter items requiring no professional advice or judgment in either size selection or use;
6. "Orthotics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under a prescription from a licensed physician for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity;
7. "Orthotist" means a person who evaluates, measures, designs, fabricates, assembles, fits, adjusts, or services an orthosis as prescribed by a licensed physician for the support or correction of disabilities caused by neuro-musculoskeletal diseases, injuries, or deformities;
8. "Prosthesis" means an artificial medical device that is not surgically implanted and that is used to replace a missing limb, appendage, or another external human body part including an artificial limb, hand, or foot; provided, however, "prosthesis" does not include artificial eyes, ears, fingers, toes, dental applicances, cosmetic devices such as artificial breasts, eyelashes, or wigs, or other devices that do not have a significant impact on the musculoskeletal functions of the body;
9. "Prosthetics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing prostheses under a prescription from a licensed physician;
10. "Prosthetist" means a person who evaluates, measures, designs, fabricates, fits, or services a prosthesis as prescribed by a licensed physician for the replacement of external parts of the human body lost due to amputation or congenital deformities or absences;
11. "Registered prosthetist/orthotist assistant" means a person registered under the Orthotics and Prosthetics Practice Act who, under the direct supervision of a licensed orthotist or prosthetist, assists with patient care services or the fabrication of orthoses or prostheses;
12. "Registered prosthetic/orthotic technician" means a person registered under the Orthotics and Prosthetics Practice Act who, under the direct supervision of a licensed orthotist or prosthetist, assists with the fabrication of orthoses or prostheses but who does not provide direct patient care; and
13. "Resident" means a person who has completed an education program in either orthotics or prosthetics recognized by the Board and is continuing clinical education in a residency recognized by the Board and accredited by the National Commission on Orthotic and Prosthetic Education or other accrediting group recognized by the Board.
Added by Laws 2001, c. 158, § 2, eff. Nov 1, 2001.
§59-3003. Persons to whom act does not apply.
The Orthotics and Prosthetics Practice Act shall not apply to:
1. Persons licensed by this state as practitioners of the healing arts when engaging in the practice or practices for which licensed;
2. A person who is employed by the government of the United States or any entity thereof while in the discharge of the employee's assigned duties;
3. A student enrolled in a school of orthotics or prosthetics recognized by the State Board of Medical Licensure and Supervision or a resident as defined by Section 3002 of this title who is continuing clinical education;
4. A person licensed by this state as a physical therapist, occupational therapist, or physician assistant when engaging in the practice for which licensed;
5. A person certified by the Board for Certification in Pedorthics when practicing pedorthics at the ankle or below; or
6. A person engaged in the practice of orthotics as an employee or authorized representative of an orthotics manufacturer with employment responsibilities that include, but are not limited to, evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, training, repairing, replacing or delivering an orthotic device under order, direction or prescription of a physician or health-care provider operating within the licensed scope of practice of such physician or health-care provider.
Added by Laws 2001, c. 158, § 3, eff. Nov 1, 2001. Amended by Laws 2004, c. 523, § 13, emerg. eff. June 9, 2004; Laws 2005, c. 357, § 2, emerg. eff. June 6, 2005.
NOTE: Laws 2005, c. 285, § 3 repealed by Laws 2006, c. 16, § 43, emerg. eff. March 29, 2006.
§59-3004. Rules - Investigations - Injunctions.
A. The State Board of Medical Licensure and Supervision is hereby authorized to adopt and promulgate rules, pursuant to the Administrative Procedures Act, that it deems necessary for the implementation and enforcement of the Orthotics and Prosthetics Practice Act, including but not limited to, qualifications for licensure, qualifications for registration, renewals, reinstatements, continuing education requirements, and fees. In so doing the Board shall give utmost consideration to the recommendations of the Advisory Committee on Orthotics and Prosthetics created by Section 5 of this act.
B. The Board is hereby empowered to perform investigations, require the production of records and other documents relating to practices regulated by the Orthotics and Prosthetics Practice Act, and seek injunctive relief.
Added by Laws 2001, c. 158, § 4, eff. Nov. 1, 2001.
§59-3005. Advisory Committee on Orthotics and Prosthetics - Assistance and advice to the board.
A. There is hereby created, to continue until July 1, 2007, in accordance with the provisions of the Oklahoma Sunset Law, an Advisory Committee on Orthotics and Prosthetics, which shall consist of seven (7) voting members to be appointed by the State Board of Medical Licensure and Supervision to three-year terms ending December 31; provided, initial appointments shall be staggered such that two members are appointed for one (1) year, two members are appointed for two (2) years, and three members are appointed for three (3) years.
B. One member shall be a licensed physician who is a member of the State Board of Medical Licensure and Supervision. Two members shall be lay persons who are consumers of orthotic or prosthetic services. Two members shall be licensed orthotists, not more than one of whom may also be a licensed prosthetist. Two members shall be licensed prosthetists, not more than one of whom may also be a licensed orthotist; provided, licensure under the Orthotics and Prosthetics Practice Act not being possible until the act is implemented, two of the initial appointees to positions requiring licensure as an orthotist or prosthetist shall, in lieu of licensure, be certified by the American Board for Certification in Orthotics and Prosthetics and two shall be certified by the Board for Orthotist/Prosthetist Certification.
C. Members shall serve until their successors are appointed and qualified; provided, no member shall serve more than eight (8) consecutive years or two full terms, whichever is greater.
D. The Committee shall annually elect a chair and vice-chair from among the members required to be licensed. The chair or vice-chair and three other members shall constitute a quorum. Members shall be reimbursed from funds available to the State Board of Medical Licensure and Supervision pursuant to the State Travel Reimbursement Act.
E. 1. The Committee shall advise the Board on matters pertaining to orthotics and prosthetics, including but not limited to:
a. scope and standards of practice,
b. licensure and registration requirements, examination requirements, exceptions thereto, renewal requirements, temporary licensure or registration, and endorsement or reciprocity requirements,
c. methods and requirements for ensuring the continued competence of licensed and registered persons,
d. grounds for probation, revocation, or suspension of license or registration, reinstatement provisions,
e. fees, and
f. all other matters which may pertain to the practice of orthotics or prosthetics.
2. The Committee shall review and make recommendations to the Board on all applications for licensure and registration.
3. The Committee shall assist and advise the Board in all hearings related to the enforcement of the Orthotics and Prosthetics Practice Act.
Added by Laws 2001, c. 158, § 5, eff. Nov. 1, 2001.
§59-3006. Qualifications for licensure and registration - Alternative requirements - Licensure without examination.
A. The State Board of Medical Licensure and Supervision, with the assistance of the Advisory Committee on Orthotics and Prosthetics, shall establish qualifications for licensure and registration under the Orthotics and Prosthetics Practice Act. Until November 1, 2004, the Board shall provide, as set forth herein, an alternative qualification licensure opportunity for current practitioners in this state who are unable to meet standard qualifications. Persons meeting the qualifications of more than one discipline may be licensed in more than one discipline.
B. To be licensed to practice orthotics or prosthetics according to standard qualifications, a person shall:
1. Possess a baccalaureate degree from an institution of higher education accredited by a general accrediting agency recognized by the Oklahoma State Regents for Higher Education;
2. Have completed an orthotic or prosthetic education program that meets or exceeds the requirements, including clinical practice, of the Commission on Accreditation of Allied Health Education Programs;
3. Have completed a clinical residency in the professional area for which the license is sought that meets or exceeds the standards, guidelines, and procedures for residencies of the National Commission on Orthotic and Prosthetic Education or of any other such group that is recognized by the State Board of Medical Licensure and Supervision; and
4. Demonstrate attainment of internationally accepted standards of orthotic and prosthetic care as outlined by the International Society of Prosthetics and Orthotics professional profile for Category I orthotic and prosthetic personnel.
C. To be licensed to practice orthotics or prosthetics under alternative qualification requirements, a person shall:
1. Pass an examination in the area of licensure, which may be an available examination designated by the State Board of Medical Licensure and Supervision or an examination developed by the Board; and
2. Execute an alternative qualification contract with the State Board of Medical Licensure and Supervision the conditions of which shall be based on the Board's evaluation of the applicant's experience and the Board's determination of further experience needed or other requirements to be met, which contract shall specify a period of time not to exceed ten (10) years for completion of the further experience or requirements.
D. Upon execution of the alternative qualification contract, the Board shall issue a license and shall renew the license subject to the licensee's making satisfactory progress as required by the contract. Persons who satisfactorily complete the alternative qualification contract shall be thereafter considered as having met the qualifications necessary for license renewal.
E. No person shall be permitted to enter into an alternative qualification contract after October 31, 2004. A person who has not done so by October 31, 2004, shall not be issued a license to practice orthotics or prosthetics without meeting standard qualifications.
F. Notwithstanding any other provision of this section, a person who has practiced full time during the three-year period preceding the effective date of this act in a prosthetic or orthotic facility as a prosthetist or orthotist and has a high school diploma or equivalent, or who has practiced as an assistant or technician, may file an application with the Board within ninety (90) days from the effective date of this act for permission to continue to practice at his or her identified level of practice. The Board, after verifying the applicant's work history and receiving payment of the application fee as established pursuant to this act, shall, without examination of the applicant, issue the applicant a license or certificate of registration. To make the investigations necessary to verify the applicant's work history, the Board may require that the applicant complete a questionnaire regarding the work history and scope of practice. The Board shall take no more than six (6) months to verify the work history. Applicants applying after the ninety-day application period of this subsection has expired shall meet the qualifications elsewhere set forth for standard or alternative qualification for licensure or for registration as determined by the Board.
Added by Laws 2001, c. 158, § 6, eff. Nov. 1, 2001.
§59-3007. Prescription from licensed physician required - Penalties for practicing without license.
A. A licensed orthotist may only provide care or services pursuant to a prescription from a licensed physician. A licensed prosthetist may only provide care or services pursuant to a prescription from a licensed physician.
B. Effective July 1, 2002, any person who holds himself or herself out as an orthotist or prosthetist or uses the titles Orthotist, Prosthetist, Orthotist/Prosthetist, or common variants of those titles without holding an appropriate license issued by the State Board of Medical Licensure and Supervision, or who, without being registered by the Board, represents himself or herself to be a prosthetic/orthotic technician, or prosthetist/orthotist assistant, or who is in violation of any provision of the Orthotics and Prosthetics Practice Act shall be subject to an administrative fine for each day found to be in violation. The amount of any fine shall be determined by the Board within limits set by the Board pursuant to rules adopted and promulgated by the Board and may be in addition to any other penalty provided by the Board or otherwise provided by law.
Added by Laws 2001, c. 158, § 7, eff. Nov. 1, 2001.
§59-3008. Roster of names and addresses.
The State Board of Medical Licensure and Supervision shall maintain a current roster of the names and addresses of all persons licensed or registered pursuant to the Orthotics and Prosthetics Practice Act and of all persons whose licenses or registrations have been suspended or revoked. This roster shall be a public document available pursuant to the Oklahoma Open Records Act.
Added by Laws 2001, c. 158, § 8, eff. Nov. 1, 2001.
§59-3009. Elevators - Reports of injuries resulting from operation or malfunction.
A. Beginning January 1, 2003, the owner or lessee of every elevator in service in this state shall report to the Construction Industries Board any injury which occurs as a result of the operation or malfunction of an elevator.
B. Beginning January 1, 2004 and annually thereafter, the Construction Industries Board shall submit a report of the data collected pursuant to this section to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Added by Laws 2002, c. 191, § 1, eff. Nov. 1, 2002.
§59-3010. "Elevator" - Definition.
A. Except as provided in subsection B of this section, "elevator" means any device for lifting or moving people, cargo, or freight within, or adjacent and connected to, a structure or excavation, and includes any escalator, power-driven stairway or stairway chair lift.
B. The term "elevator" does not mean any:
1. Amusement ride or device subject to inspection and regulation by the Oklahoma Department of Labor;
2. Mining equipment subject to inspection and regulation by the Department of Mines; or
3. Aircraft, railroad car, boat, barge, ship, truck, or other self-propelled vehicle or component thereof.
Added by Laws 2002, c. 191, § 2, eff. Nov. 1, 2002.
§59-3011. Rules relating to Section 3009.
Pursuant to Article I of the Administrative Procedures Act, the Construction Industries Board shall have the power to promulgate rules as may be necessary to collect and maintain injury reports as required in Section 1 of this act.
Added by Laws 2002, c. 191, § 3, eff. Nov. 1, 2002.
§59-3101. Short title.
This act shall be known and may be cited as the "Deferred Deposit Lending Act".
Added by Laws 2003, c. 240, § 1, eff. Sept. 1, 2003.
§59-3102. Definitions.
As used in the Deferred Deposit Lending Act:
1. "Administrative Procedures Act" means the general act of this state governing administrative procedures and is cited in Section 250 et seq. of Title 75 of the Oklahoma Statutes;
2. "Administrator" means the Administrator as defined in the Uniform Consumer Credit Code;
3. "Business instrument" means a draft, check or evidence of the proceeds paid to a debtor in a deferred deposit loan transaction by a deferred deposit lender;
4. "Consecutive loan" means a new deferred deposit loan that any lender enters into with a debtor no later than seven (7) days after the date on which a previous deferred deposit loan made to the same debtor is paid in full;
5. "Debtor" means the signer of an instrument which is initially payable to a deferred deposit lender;
6. "Deferred deposit lender" or "lender" means any person licensed under this act to make deferred deposit loans, including an assignee of the lender's right to payment, but use of the term does not itself impose on an assignee any obligation of the lender with respect to events occurring before the assignment;
7. "Deferred deposit loan" means a transaction whereby a lender makes a cash advance to a debtor not as part of a revolving loan account as defined in Section 3-108 of Title 14A of the Oklahoma Statutes and, for a finance charge or other consideration, does the following:
a. accepts a dated instrument from the debtor,
b. agrees to hold the instrument for a period of time prior to negotiation, deposit or presentation of the instrument for payment, and
c. advances to the debtor, credits to the debtor's account, or pays to another person on the debtor's behalf, the amount of the instrument, less the finance charge permitted by this act;
8. "Finance charge" means the finance charge as defined in Regulation Z;
9. "Instrument" means a personal check, negotiable order of withdrawal, or authorization to transfer or withdraw funds from a deposit account of the debtor signed by the debtor and made payable to a deferred deposit lender in a deferred deposit loan subject to this act;
10. "Licensed location" means the place of business where a lender is allowed to make deferred deposit loans under a license issued pursuant to this act;
11. "Licensee" means a person licensed to make deferred deposit loans pursuant to this act;
12. "Loan amount" means the principal which the debtor actually receives after signing an instrument payable initially to a deferred deposit lender;
13. "Person" includes a natural person, an individual, organization, partnership, corporation, joint venture, trust, association or any other legal entity, however organized;
14. "Principal of a deferred deposit loan" means the total of the net amount paid to, receivable by or paid or payable for the account of the debtor;
15. "Regulation Z" means Title 160, Chapter 45 of the Oklahoma Administrative Code, adopted in conformity with the Consumer Credit Protection Act, Public Law 90-321, 82 Stat. 146, as amended, including the amendments to the Federal Consumer Credit Protection Act in the Truth in Lending Simplification and Reform Act, Public Law 96-221, 94 Stat. 168-185; and
16. "Renewal" means a transaction in which a debtor pays in cash the finance charge payable under a deferred deposit loan and refinances all or part of the unpaid balance of the principal of the deferred deposit loan with a new deferred deposit loan. A transaction is also considered a renewal if a debtor pays off an existing deferred deposit loan with the proceeds of a deferred deposit loan from another lender.
Added by Laws 2003, c. 240, § 2, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 1, emerg. eff. June 10, 2004.
§59-3103. Application of act.
A. The scope of this act shall not apply to a supervised lender licensed under the Uniform Consumer Credit Code. Further, nothing in this act shall modify, affect, alter, change or restrict practices or operations of supervised lenders under the Uniform Consumer Credit Code, rules of the Oklahoma Department of Consumer Credit or rules or interpretations of the Administrator of the Department of Consumer Credit.
B. Except as otherwise provided in subsection A of this section, the provisions of this act shall apply to all deferred deposit loans made; provided, the following lenders shall not be subject to the licensing requirements of this act:
1. A bank, savings institution, credit union or farm credit system organized under and regulated by the laws of the United States or any state;
2. Government or governmental agencies or instrumentalities; or
3. Pawnbrokers engaged in pawn transactions as defined in the Oklahoma Pawnshop Act.
C. The provisions of this act shall apply to transactions if the lender, wherever located, enters into the transaction with the debtor by mail, brochure, telephone, print, radio, television, Internet, or any other means.
Added by Laws 2003, c. 240, § 3, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 2, emerg. eff. June 10, 2004.
§59-3104. Loan agreement - Disclosure of credit terms - Payment of proceeds - Notices.
A. Each deferred deposit loan shall be documented by a written agreement executed by both the lender and the debtor. The written agreement shall contain the name or trade name of the lender, the license number of the lender, the toll-free telephone number of the Department of Consumer Credit, the transaction date, the loan amount, and a statement of the total amount of fees charged. The written agreement must expressly authorize the lender to defer presentment or deposit of the instrument until a specific date; provided, unless the debtor has entered into an installment payment plan pursuant to Section 3109 of this title, such date shall be not later than forty-five (45) days from the date the instrument is accepted by the lender.
B. The disclosure of the credit terms of a deferred deposit loan shall be according to and governed by the requirements of Regulation Z. The definitions and requirements of that act, regulation and commentary shall apply to deferred deposit loans as if those provisions are fully set out in this act.
C. A completed copy of the written agreement and "Notice of Cancellation" form as prescribed by the Administrator shall be given to and acknowledged in writing by the debtor when the written agreement is signed.
D. A lender may pay the proceeds of a deferred deposit loan to the debtor by a business instrument, money order or cash. A lender may not charge the debtor an additional fee for cashing the lender's business instrument.
E. A lender shall provide the following notices in a prominent place on each deferred deposit loan agreement in at least twelve-point type:
"A deferred deposit loan is not intended to meet long-term financial needs. This loan should be used only to meet short-term cash needs."
"You have the right to rescind this deferred deposit loan no later than 5 p.m. of the next business day following this loan transaction."
"If you enter into a deferred deposit loan and three consecutive deferred deposit loans, you have the right to pay off the fourth loan pursuant to an installment payment plan, subject to certain conditions."
F. A lender shall post at the licensed location a notice of the charges, terms, and effective annual percentage rate for deferred deposit loans made by the lender.
G. Prior to sale or assignment of instruments held by the lender as a result of a deferred deposit loan, the lender shall place a notice on the instrument in at least twelve-point type to read:
"This is a deferred deposit loan instrument regulated by the Oklahoma Department of Consumer Credit, Title 59, Sections 3101 et seq. and any holder of this check takes it subject to all claims and defenses of the originator."
and shall include the address and toll-free telephone number of the Department of Consumer Credit.
H. At the time a debtor enters into a deferred deposit loan transaction, the lender shall provide the debtor with a pamphlet, approved by the Administrator of Consumer Credit, describing the availability of debt management and credit counseling services, the debtor's right to an installment payment plan and the debtor's rights and responsibilities in the transaction. The pamphlet shall indicate a toll-free telephone number for the Administrator that the debtor may contact to receive information relating to debt management and credit counseling services.
Added by Laws 2003, c. 240, § 4, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 3, emerg. eff. June 10, 2004.
§59-3105. Right of rescission.
Without penalty or cost of any kind, a debtor in a deferred deposit loan transaction shall have the right to rescind in writing the deferred deposit loan until 5 p.m. on the next business day following the day the debtor signs the deferred deposit loan agreement; provided, any attempted rescission will not be effective unless the notice is timely and is accompanied by a return of the full principal advanced by the lender to the debtor. Exercising rescission entitles the debtor to a full refund of all fees paid by the debtor as part of the deferred deposit loan transaction. Rescission occurs when the debtor gives written notice of rescission to the lender at the address of the office of the licensee as stated in the deferred deposit agreement or at the location where the transaction occurred.
Added by Laws 2003, c. 240, § 5, eff. Sept. 1, 2003.
§59-3106. Prohibited acts.
A deferred deposit lender shall not:
1. Charge fees other than, or in excess of those authorized by the Deferred Deposit Lending Act;
2. Make deferred deposit loans at unlicensed locations;
3. Alter or delete the date on an instrument after it has been accepted by the lender pursuant to a deferred deposit loan;
4. Accept an undated instrument or an instrument dated on a date other than the date of the deferred deposit loan;
5. Accept an instrument unless the account on which the instrument is drawn is a legitimate, open and active account;
6. Require a debtor to provide security for the deferred deposit loan or require a debtor to provide a guaranty from another person;
7. Advance a loan amount greater than Five Hundred Dollars ($500.00) to a borrower in one deferred deposit loan transaction exclusive of the finance charge allowed in Section 3108 of this title;
8. Engage in a deferred deposit loan with a term of less than twelve (12) days or more than forty-five (45) days;
9. Negotiate or present an instrument for payment unless the instrument is endorsed with the actual business name of the lender;
10. Negotiate any instrument presented by a borrower if the borrower has redeemed the instrument by paying the full amount due under the deferred deposit loan;
11. Make any charge for insurance in connection with a deferred deposit loan transaction;
12. Refuse the borrower's right to rescind the deferred deposit loan at any time between the time of the deferred deposit loan transaction and 5 p.m. of the next business day following the deferred deposit loan transaction;
13. Charge the borrower an additional finance charge or fee for cashing a lender's business instrument, if the lender pays the proceeds from the loan transaction in the form of a business instrument;
14. Require or accept more than one dated instrument per deferred deposit loan; or
15. Refuse the borrower's right to enter into an installment payment plan, pursuant to this act.
Added by Laws 2003, c. 240, § 6, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 4, emerg. eff. June 10, 2004.
§59-3107. Nonpayment on account - Collection practices.
A. A lender shall collect past-due accounts in a professional, fair and lawful manner, in accordance with the federal Fair Debt Collection Practices Act.
B. A lender shall not threaten or pursue criminal action against a debtor as a result of the debtor's instrument being returned unpaid or the debtor's deferred deposit loan account not being paid.
C. A debtor shall not be subject to any criminal penalty if an instrument is dishonored.
Added by Laws 2003, c. 240, § 7, eff. Sept. 1, 2003.
§59-3108. Finance charges - Dishonored instruments.
A. Regardless of any other law governing the imposition of interest, fees, loan finance charges or the extension of credit, a deferred deposit lender may charge a finance charge for each deferred deposit loan that does not exceed Fifteen Dollars ($15.00) for every One Hundred Dollars ($100.00) advanced up to the first Three Hundred Dollars ($300.00) of the amount advanced; for the advance amounts in excess of Three Hundred Dollars ($300.00), the lender may charge an additional finance charge of Ten Dollars ($10.00) for every One Hundred Dollars ($100.00) advanced in excess of Three Hundred Dollars ($300.00). The credit terms of the deferred deposit loan shall be disclosed in accordance with Regulation Z, including the terms "finance charge" and "annual percentage rate". The finance charge under this subsection shall be deemed fully earned as of the date of the transaction. Except for a fee for a dishonored instrument and the actual database verification fee pursuant to subparagraph b of paragraph 2 of subsection B of Section 3109 of this title, the lender may charge only those charges expressly authorized in this subsection in connection with a deferred deposit loan.
B. If an instrument held by a lender as a result of a deferred deposit loan is returned to the lender from a payor financial institution due to insufficient funds, a closed account or a stop payment order, the lender shall have the right to exercise all civil means authorized by law to collect the amount of the instrument. In addition, the lender may contract for and collect a dishonored instrument charge, not to exceed Twenty-five Dollars ($25.00); however, a dishonored instrument charge shall not be allowed if the instrument is dishonored by a financial institution, or the debtor places a stop payment order, due to forgery or theft of the instrument.
Added by Laws 2003, c. 240, § 8, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 5, emerg. eff. June 10, 2004.
§59-3109. Renewal of deferred deposit loan transaction - Determination of outstanding loans - Completion of transaction - Repayment plan - Redemption of instrument.
A. A lender may not enter into a renewal of a deferred deposit loan transaction.
B. Upon any application being made for a deferred deposit loan, the lender shall determine if the applicant has any outstanding deferred deposit loans as follows:
1. The applicant shall be required to sign an affidavit stating whether the applicant has any deferred deposit loans outstanding with the lender or any other deferred deposit lender and if so, the status of each such loan; and
2. The lender shall be required to verify the accuracy of the affidavit through commercially reasonable means. A lender's method of so verifying shall be considered in compliance with the provisions of this section if the verification method includes a manual investigation or an electronic query of:
a. the lender's own records, including both records maintained at the location where the loan is being applied for and records maintained at other locations that are owned and operated by the lender or the lender's affiliates, and
b. any private database approved by the Administrator of Consumer Credit, if the lender subscribes to such a database; provided, all lenders shall be required to subscribe to such a database or otherwise obtain the required information in a manner approved by the Administrator not later than July 1, 2004. The lender may charge the applicant a fee for database verification not to exceed the actual fee charged to the lender by the database provider.
If the lender determines that the applicant has more than one outstanding deferred deposit loan, the loan applied for shall not be made.
C. A deferred deposit loan transaction is completed when the lender presents the instrument for payment or initiates an ACH debit to the debtor's bank account to collect on the instrument, or the debtor redeems the instrument by paying the full amount of the instrument to the lender. Once the debtor has completed the deferred deposit loan transaction, the lender may enter into a new deferred deposit loan agreement with the debtor, and the new deferred deposit loan transaction shall not be deemed to be a renewal of the previous deferred deposit loan; provided, a new deferred deposit loan made within thirteen (13) calendar days after a previous deferred deposit loan has been entered into between the lender and the debtor shall be considered a renewal and shall not be made.
D. If a debtor enters into a third consecutive loan, the lender shall provide the consumer an option to repay such loan and each consecutive loan pursuant to a written repayment plan subject to the following terms:
1. The debtor shall request the repayment plan, either orally or in writing, prior to the due date of the loan;
2. The debtor shall repay the loan in four equal installments with one installment due on each of the next four dates on which the customer receives regular wages or compensation from an employer, pursuant to a written repayment plan agreement;
3. The consumer shall pay a processing fee of ten percent (10%) of the principal amount of the loan per loan not to exceed Fifteen Dollars ($15.00) for administration of the payment plan;
4. The consumer shall agree not to enter into any additional deferred presentment loans during the repayment plan term and for a period of fifteen (15) days after termination of the repayment plan term; and
5. Upon positive completion of the repayment plan, the lender shall report the debtor's positive payment history to at least one national consumer credit reporting agency.
E. A lender shall negotiate or present an instrument for payment only if the instrument is endorsed with the actual business name of the lender.
F. Prior to the lender negotiating or presenting the instrument, the debtor shall have the right to redeem any instrument held by a lender as a result of a deferred deposit loan if the debtor pays to the lender the unpaid balance of the principal and all accrued fees and charges.
Added by Laws 2003, c. 240, § 9, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 6, emerg. eff. June 10, 2004.
§59-3110. Limit on number of loans - Payment in full required.
After the debtor has entered into a fifth consecutive deferred deposit loan, a lender shall not make a deferred deposit loan to a debtor until 8:00 a.m. on the second business day after the fifth consecutive deferred deposit loan has been paid in full.
Added by Laws 2003, c. 240, § 10, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 7, emerg. eff. June 10, 2004.
§59-3111. Advertising.
A. No lender shall engage in this state in false or misleading advertising concerning the terms or conditions of credit with respect to a deferred deposit loan.
B. Advertising which complies with Regulation Z does not violate subsection A of this section.
Added by Laws 2003, c. 240, § 11, eff. Sept. 1, 2003.
§59-3112. License required - Separate license required for each business location.
A. No person may engage in the business of making deferred deposit loans without first obtaining a license pursuant to this act, unless exempt under subsection B of Section 3 of this act. A separate license is required for each location where deferred deposit loans are made. The licensee shall post its license to engage in the business of making deferred deposit loans at each licensed location.
B. The Administrator may initiate administrative action against an unlicensed person as if the person held a license under this act if the person is found to be engaged in the business of making deferred deposit loans.
C. The Administrator may issue a license for each location at which deferred deposit loans are to be made to any person making deferred deposit loans at multiple locations; provided, if such licensee is not in compliance with this act as to each license, any action to revoke, suspend or not renew one license shall be applicable to all licenses issued to that licensee. This subsection shall not be construed to require a license for any place of business devoted to accounting or other record keeping and where deferred deposit loans are not made.
D. When a licensee wishes to move a licensed location to another licensed location, the licensee shall give thirty (30) days' written notice to the Administrator, who shall amend the license accordingly.
Added by Laws 2003, c. 240, § 12, eff. Sept. 1, 2003.
§59-3113. License qualifications - Application - Investigation of qualifications - Issuance or denial - Appeal - Fees.
A. To qualify for a license issued pursuant to this act, an applicant shall have:
1. A minimum net worth, determined in accordance with generally accepted accounting principles, of at least Twenty-five Thousand Dollars ($25,000.00) available for operation of each licensed location, with a maximum aggregate net worth requirement of Two Hundred Fifty Thousand Dollars ($250,000.00) for an owner of multiple locations; and
2. The financial responsibility, character, experience and general fitness so as to command the confidence of the public and to warrant the belief that the business will be operated lawfully, honestly, fairly and efficiently.
B. An application for a license pursuant to this act must be in writing, under oath, and on a form prescribed by the Administrator of Consumer Credit. The application must set forth all of the following:
1. The legal name and residence and business addresses of the applicant and, if the applicant is a partnership, association or corporation, of every member, officer, managing employee and director of it;
2. The location of the registered office of the applicant;
3. The registered agent of the applicant if the applicant is required by other law to have a registered agent;
4. The addresses of the locations to be licensed; and
5. Other information concerning the financial responsibility, background, experience and activities, such as other partnerships, associations and corporations located at or adjacent to the licensed location of the applicant and its members, officers, managing employees and directors as the Administrator may require.
C. On receipt of an application in the form prescribed by the Administrator and accompanied by the required license fee, the Administrator shall investigate whether the qualifications for license are satisfied. If the Administrator finds that the qualifications are satisfied, the Administrator shall issue to the applicant a license to engage in the business of making deferred deposit loans. If the Administrator fails to issue a license, the Administrator shall notify the applicant of the denial and the reasons for the denial. The provisions of the Administrative Procedures Act shall apply to the appeal of the denial of a license.
D. Each application, regardless of the number of locations to be operated by a single licensee, must be accompanied by payment of an application fee of Two Hundred Fifty Dollars ($250.00) and an investigation fee of Five Hundred Dollars ($500.00). These fees shall not be refundable or abatable. If the license is granted, however, payment of the application fee shall satisfy the fee requirement for the first license year or its remainder.
E. Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. A license expires annually and may be renewed on payment of a license fee of Two Hundred Fifty Dollars ($250.00). The annual license renewal fee for an application with more than one location shall be Two Hundred Fifty Dollars ($250.00) for each location.
Added by Laws 2003, c. 240, § 13, eff. Sept. 1, 2003.
§59-3114. Examination of locations, loans, records, etc. - Assessments - Investigation of possible violations - Orders compelling compliance.
A. At such times as the Administrator of Consumer Credit shall deem necessary, the Administrator or a duly authorized representative shall make an examination of all licensed locations of each licensee and shall inquire into and examine the loans, transactions, books, accounts, papers, correspondence and records of the licensee insofar as they pertain to the business regulated by this act. In the course of the examination, the Administrator or a duly authorized representative shall have free access to the office, place of business, files, safes and vaults of the licensee, and shall have the right to make copies of the books, accounts, papers, correspondence and records. The Administrator or a duly authorized representative may, during the course of the examination, administer oaths and examine any person under oath on any subject pertinent to any matter about which the Administrator is authorized or required by this act to consider, investigate or secure information. Any licensee who shall fail or refuse to let the Administrator or a duly authorized representative examine or make copies of the books, or other relevant documents shall be deemed in violation of this act and the failure or refusal shall constitute grounds for administrative action against the licensee. The information obtained in the course of the examination shall be confidential. Each licensee shall pay to the Administrator an amount assessed by the Administrator to cover the direct and indirect cost of the examination and a proportionate share of general administrative expense, not to exceed Three Hundred Dollars ($300.00) for each location; provided, however, that for any examination which lasts in excess of eight (8) hours, the Administrator shall charge an additional fee of Fifty Dollars ($50.00) per hour for each examiner required to complete the examination; provided, further, that the Administrator may waive the examination fee for any examination which takes one (1) hour or less. If an examination fee is due and is not paid on completion of an examination, the Administrator shall bill the licensee, and there shall be a late fee of Fifty Dollars ($50.00) if the amount due is not received within thirty (30) days of the invoice date.
B. For the purpose of discovering violations of this act or of securing information required under this act, the Administrator or a duly authorized representative may investigate the books, accounts, papers, correspondence and records of any licensee or other person whom the Administrator has reasonable cause to believe is in violation of any provision of this act whether or not that person shall claim to be within the authority or scope of this act. For the purpose of this subsection, any person who advertises for, solicits or otherwise communicates a willingness to make deferred payment loans shall be presumed to be engaged in the business of making deferred deposit loans.
C. Every licensee shall maintain on file with the Administrator a written appointment of a resident of this state as the agent for service of all judicial or other process or legal notice, unless the licensee has appointed an agent under another statute of this state. In case of noncompliance, such service may be made on the Administrator.
D. Each licensee shall keep or make available in this state the books and records relating to loans made under this act as are necessary to enable the Administrator to determine whether the licensee is complying with this act. The books and records shall be maintained in a manner consistent with accepted accounting practices.
E. Each licensee shall preserve or make available its books and records in the state relating to each of its loans for four (4) years from the date of the loan, or two (2) years from the date of the final entry made thereon, whichever is later. Each licensee's system of records shall be accepted if it discloses its information as may be reasonably required under this act. All deferred deposit loan agreements and notices of cancellation signed by debtors shall be kept at an office in this state designated by the licensee, except when transferred under an agreement which gives the Administrator access to the agreements.
F. Each lender shall, annually on or before the first day of May, file a report with the Administrator setting forth such relevant information as the Administrator may reasonably require concerning the business and operations during the preceding calendar year for each place of business conducted by such lender. Such report shall be made under oath and shall be in the form prescribed by the Administrator, who shall make and publish annually a consolidated analysis and recapitulation of such reports, but the individual reports and their contents shall be held confidential. There shall be a late fee of Twenty-five Dollars ($25.00) for any annual report received after May 1.
G. Any transcript of any hearing held by the Administrator or an independent hearing examiner under this act shall be a public record and open to inspection at all reasonable times.
H. On failure without lawful excuse to obey a subpoena or to give testimony and on reasonable notice to all persons affected, the Administrator or a representative may apply to a court for an order compelling compliance, as provided by the Administrative Procedures Act.
Added by Laws 2003, c. 240, § 14, eff. Sept. 1, 2003.
§59-3115. Investigations - Powers of Administrator - Subpoenas - Orders compelling compliance - Censure, probation, suspension, revocation or refusal to renew license - Injunction - Notice and hearing - Cease and desist orders - Judicial review.
A. If the Administrator of Consumer Credit has reasonable cause to believe a lender has violated any provision of this act, the Administrator may make an investigation to determine whether the act has been committed, and, to the extent necessary for this purpose, may administer oaths or affirmations, and upon the Administrator's own motion or upon request of any party may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.
B. If the person's records are located outside this state, the person shall, at the person's option, either make them available to the Administrator at a convenient location within this state, or pay the reasonable and necessary expenses for the Administrator or a representative to examine them at the place where they are maintained. Payments for such necessary expenses shall be made to the Commission on Consumer Credit. Any such payments so received by the Department shall be deposited in the Oklahoma Deferred Deposit Lending Regulatory Revolving Fund. The Administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the Administrator's behalf.
C. Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby the Administrator may apply to a court for an order compelling compliance, as provided by the Administrative Procedures Act, Sections 250.1 through 323 of Title 75 of the Oklahoma Statutes.
D. The Administrator shall not make public the name or identity of a person whose acts or conduct are investigated pursuant to this section or the facts disclosed in the investigation, but this subsection does not apply to disclosures in actions or enforcement proceedings pursuant to this act.
E. The Administrator or an independent hearing examiner may, after notice and hearing, censure, probate, suspend, revoke or refuse to renew any license or enjoin violations of this act if the Administrator or an independent hearing examiner finds that:
1. The licensee has failed to pay the annual license fee imposed by this act, or an examination fee, investigation fee or other fee or charge imposed by the Administrator under the authority of this act;
2. The licensee, either knowingly or without the exercise of due care to prevent the same, has violated any provision of this act or any rule or order lawfully made pursuant to and within the authority of this act;
3. Any fact or condition exists which, if it had existed or had been known to exist at the time of the original application for the license, clearly would have justified the Administrator or an independent hearing examiner in refusing to issue the license;
4. The licensee has refused to permit examination by the Administrator;
5. The licensee has demonstrated incompetency or untrustworthiness to engage in the business of making deferred deposit loans; or
6. The licensee, as an individual, has been convicted of a felony or misdemeanor involving fraud, misrepresentation or deceit.
F. The hearing shall be held on not less than twenty (20) days' notice in writing setting forth the time and place of the hearing and a concise statement of the facts alleged to sustain the administrative action, and its effective date shall be set forth in a written order accompanied by finding of fact and a copy of the findings shall be delivered immediately to the licensee. The order, findings and evidence considered by the Administrator or the independent hearing examiner shall be filed with the public records of the Administrator.
G. Any licensee may surrender any license by delivering it to the Administrator with written notice of its surrender, but the surrender shall not affect the responsibility of the licensee for acts occurring prior to surrender of a license.
H. No revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any debtor.
I. The Administrator or an independent hearing examiner may reinstate suspended licenses or issue new licenses to a person whose license or licenses have been revoked if no fact or condition then exists which clearly would have justified the Administrator or the independent hearing examiner in refusing originally to issue such license under these subsections.
J. Every licensee shall notify the Administrator of the conviction of or plea of guilty or nolo contendere to any felony within thirty (30) days after the plea is taken and also within thirty (30) days of the entering of an order of judgment and sentencing and shall notify the Administrator of any administrative action resulting in revocation, suspension or amendment of a license taken against the licensee in another state within thirty (30) days of the entering of the administrative order in that state.
K. Except as otherwise provided, the Administrative Procedures Act applies to and governs all administrative action taken by the Administrator pursuant to this act.
L. 1. After notice and hearing, the Administrator or the independent hearing examiner may order a lender or a person acting in the lender's behalf to cease and desist from engaging in violations of this act.
2. A respondent aggrieved by an order of the Administrator may obtain judicial review of the order as provided by the Administrative Procedures Act. In such a review proceeding, the Administrator may apply for a decree enforcing the order. All such proceedings shall be conducted and the court's authority in review shall be exercised in accordance with the provisions of the Administrative Procedures Act, with the following additions:
a. the court may grant any temporary relief or restraining order it deems just,
b. if the court affirms or modifies the order, it shall enter a decree enforcing and requiring compliance with the order as affirmed or as modified,
c. an objection to the order not urged at the hearing shall not be considered by the court unless the failure to urge the objection is excused for good cause shown, and
d. the copy of the testimony from the administrative hearing shall be available at reasonable times to all parties for examination without cost.
3. If no proceeding for review has been filed within the time specified by law, the Administrator or a representative may obtain from a court having jurisdiction over the respondent a decree for enforcement of the order upon a showing that the order was issued in compliance with this section, that no proceeding for review was initiated within the time specified by law, and that the respondent is subject to the jurisdiction of the court.
Added by Laws 2003, c. 240, § 15, eff. Sept. 1, 2003.
§59-3116. Additional powers of Administrator.
A. In addition to other powers granted by this act, the Administrator of Consumer Credit may, within the limitations provided by law:
1. Maintain a list of licensees, which shall be available to interested persons and the public. The Administrator shall also provide a toll-free number whereby consumers may obtain information about licensees;
2. Establish a complaint process whereby an aggrieved debtor or a member of the public may file a complaint against a licensee or nonlicensee who violates any provision of this act. The Administrator shall hold hearings upon the request of a party to the complaint, make findings of fact and conclusions of law, issue cease and desist orders and suspend or revoke a license granted under this act;
3. Take action designed to obtain voluntary compliance with this act or commence proceedings on the Administrator's own initiative;
4. Counsel persons and groups on their rights and duties under this act; and
5. With approval of the Commission on Consumer Credit, promulgate, amend and repeal administrative rules to carry out the provisions of the act, as provided by the Administrative Procedures Act.
B. The Administrator may conduct a study regarding the system of verification of the existence of deferred deposit loans as provided in paragraph 2 of subsection B of Section 9 of this act to determine:
1. If the system adequately provides lenders with information as to the existence of outstanding deferred deposit loans made by other lenders; and
2. If it is feasible for the Department of Consumer Credit to develop and maintain a database of outstanding deferred deposit loans to provide such information to lenders.
The Administrator shall consult with representatives of deferred deposit lenders, advocates for consumers of this state and other interested parties to conduct the study. The Administrator shall issue a report of any such findings to the President Pro Tempore of the Senate and the Speaker of the House of Representatives not later than December 1, 2004.
Added by Laws 2003, c. 240, § 16, eff. Sept. 1, 2003.
§59-3117. Civil penalties - Repayment of excessive fees.
The Administrator of Consumer Credit may order and impose civil penalties upon a person subject to the provisions of this act for violations of this act or the rules promulgated to implement this act in an amount not to exceed One Thousand Dollars ($1,000.00) per violation. The Administrator may also order repayment of unlawful or excessive fees charged to debtors.
Added by Laws 2003, c. 240, § 17, eff. Sept. 1, 2003.
§59-3118. Oklahoma Deferred Deposit Lending Regulatory Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Commission on Consumer Credit to be designated the "Oklahoma Deferred Deposit Lending Regulatory Revolving Fund". The fund shall consist of all monies received by the Administrator of Consumer Credit as license fees, examination fees, investigation fees, application fees, fees imposed for consumer credit counseling education and any administrative fines imposed pursuant to the Deferred Deposit Lending Act. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Administrator. Monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Administrator upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 2003, c. 240, § 18, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 8, emerg. eff. June 10, 2004.
§59-3119. Fee for deferred deposit loan - Funds to consumer credit counseling provider.
A. Each lender shall pay five cents ($0.05) for each deferred deposit loan entered into to be deposited into the Oklahoma Deferred Deposit Lending Regulatory Revolving Fund. The schedule for payment shall be determined by the Administrator of Consumer Credit. Lenders shall be prohibited from including such payment in the fees and charges provided for under Section 3108 of Title 59 of the Oklahoma Statutes.
B. All funds collected pursuant to this section shall be paid by the Administrator to a third-party, Oklahoma-based consumer credit counseling provider with a verifiable history of work with both industry and consumers in the appropriate field for a program of research and implementation of voluntary consumer counseling and education specifically designed for consumers utilizing deferred deposit loans. The program shall be:
1. Selected by a bid process, pursuant to the Oklahoma Central Purchasing Act; and
2. Designed in consultation with representatives of both the industry and consumers.
Added by Laws 2004, c. 557, § 9, emerg. eff. June 10, 2004.
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