US Laws, Codes, Statutes & Cases

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).