2013 Oklahoma Statutes
Title 59 - Professions and Occupations


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls12 {font-family:'Courier New', monospace;} .cls13 {font-size:12pt;} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls2 {margin-left:100pt;} .cls8 {margin-left:100pt;margin-right:181pt;} .cls3 {margin-left:136pt;} .cls9 {margin-left:136pt;margin-right:177pt;} .cls14 {margin-left:144pt;} .cls25 {margin-left:172pt;} .cls24 {margin-left:23pt;} .cls7 {margin-left:28pt;} .cls32 {margin-left:28pt;margin-right:28pt;} .cls10 {margin-left:2pt;} .cls22 {margin-left:310pt;margin-right:2pt;} .cls26 {margin-left:43pt;} .cls4 {margin-left:43pt;margin-right:182pt;} .cls17 {margin-left:43pt;margin-right:186pt;} .cls20 {margin-left:43pt;margin-right:226pt;} .cls21 {margin-left:43pt;margin-right:231pt;} .cls28 {margin-left:57pt;margin-right:160pt;} .cls18 {margin-left:57pt;margin-right:164pt;} .cls29 {margin-left:57pt;margin-right:166pt;} .cls31 {margin-left:57pt;margin-right:172pt;} .cls30 {margin-left:57pt;margin-right:178pt;} .cls16 {margin-left:64pt;} .cls19 {margin-left:64pt;margin-right:164pt;} .cls27 {margin-left:64pt;margin-right:185pt;} .cls5 {margin-left:86pt;} .cls15 {margin-left:93pt;} .cls6 {margin-right:343pt;} .cls11 {margin-right:4pt;} .cls23 {text-align:center;} .cls1 {text-align:justify;} </STYLE> <title>&sect;59-15</title> </head> <body> <p><span class="cls0">&sect;59-15.1. Short title - Declaration of policy.&nbsp;</span></p> <p><span class="cls0">Section 15.1 et seq. of this title shall be known and may be cited as the &ldquo;Oklahoma Accountancy Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 1, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 1, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 1, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 1, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 1, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.1A. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Accountancy Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Accountancy&rdquo; means the profession or practice of accounting;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;AICPA&rdquo; means the American Institute of Certified Public Accountants;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Applicant&rdquo; means an individual or entity that has made application to the Board for a certificate, license, or permit and said application has not been approved;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Assurance&rdquo; means independent professional services that improve the quality of information, or its context, for decision makers;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Attest&rdquo; means providing the following financial statement services:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any report performed in accordance with the Statements on Standards for Attestation Engagements (SSAE), and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any engagement to be performed in accordance with the Auditing Standards of the Public Company Accounting Oversight Board (PCAOB).&nbsp;</span></p> <p><span class="cls0">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, such as the AICPA, IFAC and the PCAOB;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Audit&rdquo; 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, or an individual granted practice privileges under Section 15.12A of this title, 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;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Board&rdquo; means the Oklahoma Accountancy Board;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Candidate&rdquo; means an individual who has been qualified and approved by the Board to take an examination for a certificate or license;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Certificate&rdquo; 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. &ldquo;Certificate&rdquo; shall also mean the Oklahoma document issued by reciprocity to an individual who has previously been certified in another jurisdiction;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Certified public accountant&rdquo; means any person who has received a certificate from the Board or other jurisdictions;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Client&rdquo; means the individual or entity which retains a registrant, an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requirements under Section 15.15C of this title to perform professional services;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Compilation&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">13. &ldquo;CPA&rdquo; or &ldquo;C.P.A.&rdquo; means certified public accountant;&nbsp;</span></p> <p><span class="cls0">14. &ldquo;Designated manager&rdquo; means the individual domiciled in Oklahoma and appointed by the firm partners or shareholders to be responsible for the administration of the office;&nbsp;</span></p> <p><span class="cls0">15. &ldquo;Designee&rdquo; means the National Association of State Boards of Accountancy (NASBA) or other entities so designated by the Board;&nbsp;</span></p> <p><span class="cls0">16. &ldquo;Entity&rdquo; means an organization whether for profit or not, recognized by the State of Oklahoma to conduct business;&nbsp;</span></p> <p><span class="cls0">17. &ldquo;Examination&rdquo; means the test sections of Auditing and Attestation, Business Environment and Concepts, Financial Accounting and Reporting, and Regulation or their successors, 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;&nbsp;</span></p> <p><span class="cls0">18. &ldquo;Executive director&rdquo; means the chief administrative officer of the Board;&nbsp;</span></p> <p><span class="cls0">19. &ldquo;Financial statements&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">20. &ldquo;Firm&rdquo; 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 organized under the laws of the State of Oklahoma or the laws of another jurisdiction and issued a permit in accordance with Section 15.15A of this title or exempt from the permit requirement under Section 15.15C of this title, including individual partners or shareholders, that is engaged in accountancy;&nbsp;</span></p> <p><span class="cls0">21. &ldquo;Holding out&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">22. &ldquo;Home office&rdquo; means the location specified by the client as the address to which a service described in Section 15.12A of this title is directed;&nbsp;</span></p> <p><span class="cls0">23. &ldquo;IFAC&rdquo; means the International Federation of Accountants;&nbsp;</span></p> <p><span class="cls0">24. &ldquo;Individual&rdquo; means a human being;&nbsp;</span></p> <p><span class="cls0">25. &ldquo;Jurisdiction&rdquo; means any state or territory of the United States and the District of Columbia;&nbsp;</span></p> <p><span class="cls0">26. &ldquo;License&rdquo; 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. &ldquo;License&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">27. &ldquo;Management advisory services&rdquo;, also known as &ldquo;management consulting services&rdquo;, &ldquo;management services&rdquo;, &ldquo;business advisory services&rdquo; or other similar designation, hereinafter collectively referred to as &ldquo;MAS&rdquo;, 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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;counseling management in analysis, planning, organizing, operating, risk management and controlling functions,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;conducting special studies, preparing recommendations, proposing plans and programs, and providing advice and technical assistance in their implementation,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;reviewing and suggesting improvement of policies, procedures, systems, methods, and organization relationships, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;introducing new ideas, concepts, and methods to management.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">28. &ldquo;NASBA&rdquo; means the National Association of State Boards of Accountancy;&nbsp;</span></p> <p><span class="cls0">29. &ldquo;PA&rdquo; or &ldquo;P.A.&rdquo; means public accountant;&nbsp;</span></p> <p><span class="cls0">30. &ldquo;Partnership&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">31. &ldquo;PCAOB&rdquo; means the Public Company Accounting Oversight Board;&nbsp;</span></p> <p><span class="cls0">32. &ldquo;Peer Review&rdquo; means a review performed pursuant to a set of peer review rules established by the Board. The term &ldquo;peer review&rdquo; also encompasses the term &ldquo;quality review&rdquo;;&nbsp;</span></p> <p><span class="cls0">33. &ldquo;Permit&rdquo; 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;&nbsp;</span></p> <p class="cls2"><span class="cls0">34.&nbsp;&nbsp;a.&nbsp;&nbsp;&ldquo;Practice of public accounting&rdquo;, also known as &ldquo;practice public accounting&rdquo;, &ldquo;practice&rdquo; and &ldquo;practice accounting&rdquo;, refers to the activities of a registrant, an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requirements under Section 15.15C of this title 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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;maintains an office for the transaction of business as a certified public accountant or public accountant,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;keeps books, or prepares trial balances, financial statements, or reports, all as a part of bookkeeping services for clients,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;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&rsquo;s, or the registrant&rsquo;s spouse&rsquo;s lineal and collateral heirs,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;prepares personal financial or investment plans or provides to clients products or services of others in implementation of personal financial or investment plans, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;provides management advisory services to clients.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Except for an individual granted practice privileges under Section 15.12A of this title or a firm exempt from the permit and registration requirements under Section 15.15C of this title, 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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;keeps books, or prepares trial balances, financial statements, or reports, provided such instruments do not use the terms &ldquo;audit&rdquo;, &ldquo;audited&rdquo;, &ldquo;exam&rdquo;, &ldquo;examined&rdquo;, &ldquo;review&rdquo; or &ldquo;reviewed&rdquo; or are not exhibited as having been prepared by a certified public accountant or public accountant. Except for an individual granted practice privileges under Section 15.12A of this title or a firm exempt from the permit and registration requirements under Section 15.15C of this title, nonregistrants may use the following disclaimer language in connection with financial statements and be in compliance with the Oklahoma Accountancy Act: &ldquo;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.&rdquo;,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;prepares personal financial or investment plans or provides to clients products or services of others in implementation of personal financial or investment plans, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;provides management advisory services to clients.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Only permit holders, individuals granted practice privileges under Section 15.12A of this title, or firms exempt from the permit and registration requirements under Section 15.15C of this title 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&rsquo;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;A person is not deemed to be practicing public accounting within the meaning of this section solely by displaying an Oklahoma 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, practice privileges under Section 15.12A of this title, or an exemption from the permit and registration requirements under Section 15.15C of this title;&nbsp;</span></p> <p><span class="cls0">35. &ldquo;Preissuance review&rdquo; means a review preformed pursuant to a set of procedures that include review of engagement document, report, and clients&rsquo; financial statements in order to permit the reviewer to assess compliance with all applicable professional standards;&nbsp;</span></p> <p><span class="cls0">36. &ldquo;Principal place of business&rdquo; means the office location designated by the licensee for the purposes of substantial equivalency and reciprocity;&nbsp;</span></p> <p><span class="cls0">37. &ldquo;Professional corporation&rdquo; means a corporation organized pursuant to the laws of this state;&nbsp;</span></p> <p><span class="cls0">38. &ldquo;Professional&rdquo; means arising out of or related to the specialized knowledge or skills associated with CPAs or PAs;&nbsp;</span></p> <p><span class="cls0">39. &ldquo;Public accountant&rdquo; means any individual who has received a license from the Board;&nbsp;</span></p> <p><span class="cls0">40. &ldquo;Public interest&rdquo; means the collective well-being of the community of people and institutions the profession serves;&nbsp;</span></p> <p><span class="cls0">41. &ldquo;Qualification applicant&rdquo; means an individual who has made application to the Board to qualify to become a candidate for examination;&nbsp;</span></p> <p><span class="cls0">42. &ldquo;Registrant&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">43. &ldquo;Report&rdquo;, 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 &ldquo;report&rdquo; 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 or not granted practice privileges under Section 15.12A of this title. However, such report shall not refer to &ldquo;audit&rdquo;, &ldquo;audited&rdquo;, &ldquo;exam&rdquo;, &ldquo;examined&rdquo;, &ldquo;review&rdquo; or &ldquo;reviewed&rdquo;, nor use the language &ldquo;in accordance with standards established by the American Institute of Certified Public Accountants&rdquo; or successor of said entity, or governmental agency approved by the Board, except for the Internal Revenue Service. Except for an individual granted practice privileges under Section 15.12A of this title or a firm exempt from the permit and registration requirements under Section 15.15C of this title, nonregistrants may use the following disclaimer language in connection with financial statements not to be in violation of the Oklahoma Accountancy Act: &ldquo;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.&rdquo;;&nbsp;</span></p> <p><span class="cls0">44. &ldquo;Representation&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">45. &ldquo;Review&rdquo;, when used with reference to financial statements, means a registrant or an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requirements under Section 15.15C of this title 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&nbsp;</span></p> <p><span class="cls0">46. &ldquo;Substantial equivalency&rdquo; is a determination by the Oklahoma Accountancy Board or its designee that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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 AICPA/NASBA Uniform Accountancy Act, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;that an individual certified public accountant&rsquo;s or public accountant&rsquo;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.&nbsp;</span></p> <p><span class="cls0">In ascertaining substantial equivalency as used in the Oklahoma Accountancy Act, the Board or its designee shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 272, &sect; 2, eff. Sept. 1, 1992. Amended by Laws 1994, c. 293, &sect; 15, eff. July 1, 1994; Laws 2002, c. 312, &sect; 2, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 2, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 1, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 1, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.2. Oklahoma Accountancy Board - Membership - Qualifications - Terms.&nbsp;</span></p> <p><span class="cls0">A. There is hereby re-created, to continue until July 1, 2014, 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.&nbsp;</span></p> <p><span class="cls0">B. One member shall be either a public accountant licensed and holding a permit pursuant to the provisions of the Oklahoma Accountancy Act, or a person with professional or practical experience in the use of accounting services and financial matters and who shall have met the educational requirements to qualify as a candidate for examination for the license of public accountant as provided in subsection B of Section 15.8 of this title. A list of qualified persons shall be compiled and submitted to the Governor by the Oklahoma Society of Public Accountants, or successor organization from time to time as appointment of the 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 2, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 2, emerg. eff. April 30, 1968; Laws 1980, c. 274, &sect; 1, eff. July 1, 1980; Laws 1986, c. 79, &sect; 1, eff. July 1, 1986; Laws 1992, c. 272, &sect; 3, eff. Sept. 1, 1992; Laws 1998, c. 38, &sect; 1; Laws 2004, c. 125, &sect; 3, eff. Nov. 1, 2004; Laws 2005, c. 1, &sect; 85, emerg. eff. March 15, 2005; Laws 2010, c. 30, &sect; 1; Laws 2010, c. 85, &sect; 2, eff. July 1, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1992, c. 10, &sect; 1 repealed by Laws 1992, c. 343, &sect; 4, emerg. eff. July 1, 1992. Laws 2004, c. 27, &sect; 1 repealed by Laws 2005, c. 1, &sect; 86, emerg. eff. March 15, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.3. Vacancies - Disqualification - Removal.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. A member of the Board shall become disqualified from serving if that member:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Is a registrant member or public member who has moved from this state;&nbsp;</span></p> <p><span class="cls0">3. Has been convicted, pled guilty or nolo contendere to a felony pursuant to the laws of the United States or any jurisdiction;&nbsp;</span></p> <p><span class="cls0">4. Has become medically incapacitated as determined in writing by a medical doctor upon request by the Board; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1965, c. 188, &sect; 3, emerg. eff. June 8, 1965; Laws 1980, c. 274, &sect; 2, eff. July 1, 1980; Laws 1986, c. 79, &sect; 3, eff. July 1, 1986; Laws 1992, c. 272, &sect; 4, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 4, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.4. Officers - Meetings - Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 4, emerg. eff. June 8, 1965. Amended by Laws 1992, c. 272, &sect; 5, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 3, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.5. Quorum - Seal - Records - Staff - Expenditures - Rules and regulations &ndash; Delegation of authority.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. In addition to the other duties imposed on the Board by law, the Board shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Board may delegate to the executive director the authority to employ other staff and clerical personnel.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 5, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 3, emerg. eff. April 30, 1968; Laws 1986, c. 79, &sect; 4, eff. July 1, 1986; Laws 1992, c. 272, &sect; 6, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 5, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 2, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.6A. Confidentiality of investigations - Use as evidence &ndash; Disclosure of information.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;record&rdquo; as that term is defined in the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. A method for making available to the public all final written orders of the Board concerning an individual or entity.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The Board may disclose information concerning investigations into allegations of violations of the Oklahoma Accountancy Act under this section to another governmental, regulatory, or law enforcement agency engaged in an enforcement action. The provisions of this subsection shall not apply to information concerning whether to allow an applicant to take an examination, peer review or test scores.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 272, &sect; 7, eff. Sept. 1, 1992. Amended by Laws 2002, c. 312, &sect; 4, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 6, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 3, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.7. Disbursement of fees and monies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s Revolving Fund and none of said expenses shall be a charge against the general funds of this state.&nbsp;</span></p> <p><span class="cls0">Laws 1965, c. 188, &sect; 7, emerg. eff. June 8, 1965; Laws 1992, c. 272, &sect; 8, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 7, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.8. Application to take examination - Format - Fees - Qualifications.&nbsp;</span></p> <p><span class="cls0">A. A qualification applicant to qualify as a candidate for examination shall file an application for qualification in a format approved by the Oklahoma Accountancy Board. The fee for the qualification application shall be determined by the Board and shall not exceed Three Hundred Dollars ($300.00). Every qualification applicant to qualify as a candidate for the certificate of certified public accountant or license of public accountant must be of good moral character, shall submit to a national criminal history record search, 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. The costs associated with the national criminal history records search shall be paid by the applicant.&nbsp;</span></p> <p><span class="cls0">B. On or after July 1, 1999, every qualification applicant to qualify as a candidate for examination 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.&nbsp;</span></p> <p><span class="cls0">C. On or after July 1, 2003, every qualification applicant to qualify as a candidate 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.&nbsp;</span></p> <p><span class="cls0">D. The costs associated with the national criminal history record check shall be paid by the applicant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 8, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 5, emerg. eff. April 30, 1968; Laws 1986, c. 79, &sect; 5, eff. July 1, 1986; Laws 1992, c. 272, &sect; 9, eff. Sept. 1, 1992; Laws 1998, c. 52, &sect; 1, eff. Nov. 1, 1998; Laws 2002, c. 312, &sect; 5, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 8, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 4, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 3, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.9. Issuance of certificates or licenses &ndash; Use of uniform CPA examination &ndash; Criminal history check.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s certificate.&nbsp;</span></p> <p><span class="cls0">D. The Board may make use of all or any part of the Uniform Certified Public Accountant&rsquo;s Examination and any organization that assists in providing the examination.&nbsp;</span></p> <p><span class="cls0">E. 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.&nbsp;</span></p> <p><span class="cls0">F. 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.&nbsp;</span></p> <p><span class="cls0">G. Every applicant for the certificate of certified public accountant or license of public accountant shall submit to a national criminal history record check. The costs associated with the national criminal history record check shall be paid by the applicant.&nbsp;</span></p> <p><span class="cls0">H. An individual applying for a certificate as a certified public accountant must make application for the certificate within five (5) years of the date the Board notifies the candidate that the candidate has successfully passed all sections of the C.P.A. Examination. If the candidate fails to make application for the certificate within five (5) years, the candidate must provide documentation showing he or she has completed at least one hundred twenty (120) hours of qualifying continuing public accountancy education completed within the three-year period immediately preceding the date the individual applies for certification. The Board shall establish rules whereby time limits set for application pursuant to this provision may, upon written application to the Board, be waived or reduced if the candidate is called to active military service or becomes incapacitated as a result of illness or injury or for such other good causes as determined by the Board on a case-by-case basis.&nbsp;</span></p> <p><span class="cls0">I. An individual applying for a license as a public accountant must make application for the license within five (5) years of the date the Board notifies the candidate that the candidate has successfully passed all sections of the PA Examination. If the candidate fails to make application for the license within five (5) years, the candidate must provide documentation showing he or she has completed at least one hundred twenty (120) hours of qualifying continuing public accountancy education completed within the three-year period immediately preceding the date the individual applies for licensure. The Board shall establish rules whereby time limits set for application pursuant to this provision may, upon written application to the Board, be waived or reduced if the candidate is called to active military service or becomes incapacitated as a result of illness or injury or for such other good causes as determined by the Board on a case-by-case basis.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 9, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 6, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 10, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 6, eff. July 1, 2003; Laws 2004, c. 125, &sect; 9, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 5, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 4, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.10. Examinations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Each candidate allowed to sit at the examination shall file a written application on a form prescribed by the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1965, c. 188, &sect; 10; Laws 1968, c. 271, &sect; 7, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 11, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 10, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.10A. Fees &ndash; Application and test.&nbsp;</span></p> <p><span class="cls0">Each candidate shall pay fees, to be determined by the Oklahoma Accountancy Board, not to exceed One Thousand Dollars ($1,000.00) for each examination.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 18, emerg. eff. June 8, 1965. Amended by Laws 1982, c. 160, &sect; 1, eff. July 1, 1982; Laws 1992, c. 272, &sect; 12, eff. Sept. 1, 1992. Renumbered from &sect; 15.18 of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, &sect; 11, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 6, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.11. Use of titles or abbreviations.&nbsp;</span></p> <p><span class="cls0">A. No individual, other than as described in subparagraph d of paragraph 34 of Section 15.1A of this title, shall assume or use the title or designation &ldquo;Certified Public Accountant&rdquo; or the abbreviation &ldquo;C.P.A.&rdquo; 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 or is granted practice privileges under Section 15.15C of this title. 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.&nbsp;</span></p> <p><span class="cls0">B. No entity shall assume or use the title or designation &ldquo;Certified Public Accountant&rdquo; or the abbreviation &ldquo;C.P.A.&rdquo; 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 or is exempt from the registration and permit requirements under Section 15.15C of this title. 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.&nbsp;</span></p> <p><span class="cls0">C. No individual, other than as described in subparagraph d of paragraph 34 of Section 15.1A of this title, shall assume or use the title or designation &ldquo;Public Accountant&rdquo; or the abbreviation &ldquo;P.A.&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">D. No entity shall assume or use the title or designation &ldquo;Public Accountant&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">E. No individual or entity shall assume or use the title or designation &ldquo;Certified Accountant&rdquo;, &ldquo;Chartered Accountant&rdquo;, &ldquo;Enrolled Accountant&rdquo;, &ldquo;Licensed Accountant&rdquo;, &ldquo;Registered Accountant&rdquo; or any other title or designation which could be confused with &ldquo;Certified Public Accountant&rdquo; or &ldquo;Public Accountant&rdquo;, or any of the abbreviations &ldquo;CA&rdquo;, &ldquo;EA&rdquo;, except as it relates to the term &ldquo;enrolled agent&rdquo; as defined by the Internal Revenue Service, &ldquo;RA&rdquo;, or &ldquo;LA&rdquo;, or similar abbreviations which could be confused with &ldquo;CPA&rdquo; or &ldquo;PA&rdquo;; 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 or is granted practice privileges under Section 15.12A of this title may hold oneself out to the public as an &ldquo;Accountant&rdquo; or &ldquo;Auditor&rdquo;.&nbsp;</span></p> <p><span class="cls0">F. No individual or entity not holding a valid permit, not granted practice privileges under Section 15.12A of this title, or not exempt from the permit requirement under Section 15.15C of this title shall hold oneself or itself out to the public as an &ldquo;Accountant&rdquo; or &ldquo;Auditor&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 11, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 8, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 13, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 12, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 7, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 5, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.12. Employees and assistants without certification or permit.&nbsp;</span></p> <p><span class="cls0">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. Such employee or assistant shall not issue any accounting or financial statements over the employee&rsquo;s or assistant&rsquo;s name.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 12, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 9, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 14, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 7, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 13, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 8, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.12A. Holders of certificate or license from another state - Consent to jurisdiction &ndash; Compliance with Board rules - State licensees practicing in another state.&nbsp;</span></p> <p><span class="cls0">A. 1. An individual whose principal place of business is not in this state and who holds a valid certificate or license as a Certified Public Accountant or Public Accountant from any jurisdiction which the Oklahoma Accountancy Board&rsquo;s designee has verified to be in substantial equivalence to the Certified Public Accountant and Public Accountant licensure requirements of the AICPA/NASBA Uniform Accountancy Act shall be presumed to have qualifications substantially equivalent to this state&rsquo;s requirements and shall have all the privileges of certificate and license holders of this state without the need to obtain a certificate, license or permit required under Sections 15.9, 15.13, 15.14A, 15.15 and 15.15A of this title. An individual who offers or renders professional services, whether in person or by mail, telephone or electronic means, under this section shall be granted practice privileges in this state and no notice, fee or submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph 3 of this subsection.&nbsp;</span></p> <p><span class="cls0">2. An individual whose principal place of business is not in this state who holds a valid certificate or license as a Certified Public Accountant or Public Accountant from any jurisdiction which the Oklahoma Accountancy Board&rsquo;s designee has not verified to be in substantial equivalence to the Certified Public Accountant licensure requirements of the AICPA/NASBA Uniform Accountancy Act shall be presumed to have qualifications substantially equivalent to this state&rsquo;s requirements and shall have all the privileges of certificate and license holders of this state without the need to obtain a certificate, license or permit required under Sections 15.9, 15.13, 15.14A, 15.15 and 15.15A of this title. Any individual who passed the Uniform CPA Examination and holds a valid certificate or license issued by any other state prior to January 1, 2012, may be exempt from the education requirement of the Uniform Accountancy Act for purposes of this paragraph. An individual who offers or renders professional services, whether in person, or by mail, telephone or electronic means, under this section, shall be granted practice privileges in this state and no notice, fee or submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph 3 of this subsection.&nbsp;</span></p> <p><span class="cls0">3. An individual certificate holder or license holder of another jurisdiction exercising the privilege afforded under this section, and any firm which employs that certificate holder or license holder hereby simultaneously consent, as a condition of the granting of this privilege:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to the personal and subject matter jurisdiction and disciplinary authority of the Board,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;to comply with the Oklahoma Accountancy Act and the Board&rsquo;s rules,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;that in the event the certificate holder or license holder from the jurisdiction of the individual&rsquo;s principal place of business is no longer valid, the individual will cease offering or rendering professional services in this state individually or on behalf of a firm, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;to the appointment of the state board which issued the certificate or license as the agent upon whom process may be served in any action or proceeding by the Board against the certificate or license holder.&nbsp;</span></p> <p><span class="cls0">4. A certified public accounting or public accounting firm that is licensed and has its primary place of business in another state, does not have an office in this state and does not provide the professional services described in subparagraphs a, b, and c of paragraph 5 of this subsection for a client whose home office is in this state, may practice in this state without a firm license, permit, or notice to the Board if the firm&rsquo;s practice in this state is performed by an individual who is licensed in Oklahoma or who has been granted practice privileges under paragraph 1 or 2 of this subsection.&nbsp;</span></p> <p><span class="cls0">5. An individual who has been granted practice privileges under this section who, for any entity with its home office in this state, performs any of the following services:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any audit or other engagement to be performed in accordance with Statements on Auditing Standards,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any report performed in accordance with Statements on Standards for Attestation Engagements (SSAE), and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any engagement to be performed in accordance with the Auditing Standards of the Public Company Accounting Oversight Board (PCAOB),&nbsp;</span></p> <p><span class="cls0">may only do so through a firm which has obtained a permit issued under Section 15.15A of this title.&nbsp;</span></p> <p><span class="cls0">B. A registrant of this state offering or rendering services or using the registrant&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 312, &sect; 8, eff. Nov. 1, 2002. Amended by Laws 2004, c. 125, &sect; 14, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 9, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 6, eff. July 1, 2010; Laws 2011, c. 150, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-15.13. Issuance of certificate or license to applicant authorized to practice in other jurisdiction - Reciprocity.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Meets the requirements for issuance of a certificate or license in this state on the date of making application;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. As an alternative to the requirements of subsection A, B or C of this section, a certificate holder licensed by another jurisdiction who establishes the certificate holder&rsquo;s principal place of business in this state shall request the issuance of a certificate from the Board prior to establishing such principal place of business. The Board shall issue a certificate to such person who obtains from the NASBA National Qualification Appraisal Service verification that such individual&rsquo;s CPA qualifications are substantially equivalent to the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act.&nbsp;</span></p> <p><span class="cls0">H. An applicant for the certificate of certified public accountant or license of a public accountant under this section shall submit to a national criminal history record check. The costs associated with the national criminal history record check shall be paid by the applicant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 13, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 10, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 15, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 9, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 15, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 10, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 7, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.13A. Issuance of certificate or license to applicant authorized to practice in foreign country - Reciprocity.&nbsp;</span></p> <p><span class="cls0">A. The Board shall issue a certificate to a holder of a substantially equivalent designation issued by a foreign country, provided that:&nbsp;</span></p> <p><span class="cls0">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&rsquo;s comparable designation;&nbsp;</span></p> <p><span class="cls0">2. The designation:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;entitles the holder to issue reports upon financial statements, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;was issued upon the basis of substantially equivalent educational, examination and experience requirements established by the foreign authority or by law; and&nbsp;</span></p> <p><span class="cls0">3. The applicant:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;passed a uniform qualifying examination in national standards acceptable to the Board, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;is of good character.&nbsp;</span></p> <p><span class="cls0">An applicant for the certificate of certified public accountant under this section shall submit to a national criminal history record check. The costs associated with the national criminal history record check shall be paid by the applicant.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 125, &sect; 16, eff. Nov. 1, 2004. Amended by Laws 2009, c. 45, &sect; 11, emerg. eff. April 14, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-15.14. Registration - Expiration and renewal - Fee.&nbsp;</span></p> <p><span class="cls0">A. In addition to obtaining a certificate or license, certified public accountants and public accountants, unless granted practice privileges under Section 15.12A of this title, shall register with the Oklahoma Accountancy Board and pay a registration fee.&nbsp;</span></p> <p><span class="cls0">B. Until January 1, 2010, 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.&nbsp;</span></p> <p><span class="cls0">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. Interim registration shall be at full rates.&nbsp;</span></p> <p><span class="cls0">D. Effective January 1, 2010, all valid certificates or licenses shall be renewed based on staggered expiration dates on the last day of the individuals&rsquo; birth months. Renewal will be effective for a twelve-month period. The Board shall implement rules for the scheduling of expiration and renewal of certificates and licenses, including the prorating of fees.&nbsp;</span></p> <p><span class="cls0">E. 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.&nbsp;</span></p> <p><span class="cls0">F. 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.&nbsp;</span></p> <p><span class="cls0">1. Upon failure of an individual to pay registration fees on or before the expiration date, 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&rsquo;s failure to comply with the Oklahoma Accountancy Act.&nbsp;</span></p> <p><span class="cls0">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 within thirty (30) days after the expiration date.&nbsp;</span></p> <p><span class="cls0">3. Any individual whose certificate or license is automatically revoked by this provision may be reinstated by the Board upon payment of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a fee set by the Board which shall not exceed Six Hundred Dollars ($600.00) for a renewal after the expiration of a year.&nbsp;</span></p> <p><span class="cls0">However, an individual whose certificate or license has been expired, surrendered, canceled or revoked 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 for the five (5) years immediately preceding their application for reinstatement.&nbsp;</span></p> <p><span class="cls0">G. 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.&nbsp;</span></p> <p><span class="cls0">H. All notifications of criminal arrests or charges, disciplinary actions by any other jurisdiction or foreign country, revocation or suspension by enforcement action of any professional credential and all changes of employment or mailing address shall be reported to the Board within thirty (30) calendar days of such changes becoming effective.&nbsp;</span></p> <p><span class="cls0">I. At the direction of the Board, a register of registrants may be published in any media format the Board considers appropriate for public distribution.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 14, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 11, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 16, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 10, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 17, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 12, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 8, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.14A. Permits.&nbsp;</span></p> <p><span class="cls0">A. Before any individual may practice public accounting or hold himself or herself 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 Oklahoma Accountancy Board, unless such person is granted practice privileges under Section 15.12A of this title. Any individual, corporation or partnership or any other entity who provides any of the services defined hereinabove as the "practice of public accounting" without holding a license and permit, or without holding a certificate and permit, shall be assessed a fine not to exceed Ten Thousand Dollars ($10,000.00) for each separate offense, unless such person is granted practice privileges under Section 15.12A of this title, or such entity is exempt from the permit and registration requirements of Section 15.15C of this title.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Any individual seeking a permit must have a valid certificate or license;&nbsp;</span></p> <p><span class="cls0">2. Any individual or entity seeking a permit must be registered pursuant to the provisions of the Oklahoma Accountancy Act;&nbsp;</span></p> <p><span class="cls0">3. Any individual seeking a permit must meet continuing professional education requirements as set forth by the Oklahoma Accountancy Act and rules promulgated by the Board; and&nbsp;</span></p> <p><span class="cls0">4. There shall be no examination for obtaining a permit.&nbsp;</span></p> <p><span class="cls0">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. Until January 1, 2010, all permits issued shall expire on June 30 of each year and may be renewed from year to year. Effective January 1, 2010, all permits issued shall be renewed based on staggered expiration dates on the last day of the individual&rsquo;s birth month in conjunction with the registrant&rsquo;s certificate or license renewal. The Board may issue interim permits upon payment of the same fees required for annual permits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The Board shall charge a fee for each individual permit not to exceed One Hundred Dollars ($100.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 271, &sect; 17, emerg. eff. April 30, 1968. Amended by Laws 1982, c. 160, &sect; 3, eff. July 1, 1982; Laws 1992, c. 272, &sect; 17, eff. Sept. 1, 1992. Renumbered from &sect; 15.22 of this title by Laws 1992, c. 272, &sect; 34, eff. Sept 1, 1992. Amended by Laws 2009, c. 45, &sect; 13, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 9, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.14B. Acts subject to penalty.&nbsp;</span></p> <p><span class="cls0">After notice and hearing, the Oklahoma Accountancy 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:&nbsp;</span></p> <p><span class="cls0">1. Fraud or deceit in obtaining a certificate, license, practice privilege or permit;&nbsp;</span></p> <p><span class="cls0">2. Dishonesty, fraud, or gross negligence in accountancy or financially related activities;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Failure to comply with professional standards in the Board&rsquo;s professional code of conduct to the attest and/or compilation competency requirement for those who supervise attest and/or compilation engagements and sign the report on financial statements or other compilation communications with respect to financial statements; and&nbsp;</span></p> <p><span class="cls0">6. Violation of any of the provisions of the Oklahoma Accountancy Act and rules promulgated for its implementation by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 20, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 15, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 18, eff. Sept. 1, 1992. Renumbered from &sect; 15.20 of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, &sect; 18, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 14, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 10, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.15. Registration - Annual fee - Expiration date - Renewal - Interim registration - Revocation and reinstatement.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Accountancy Board, upon application, shall grant or register any firm, including sole proprietorships, seeking to provide public accounting services to the public in this state if such firm demonstrates its qualifications therefore in accordance with this section. All firms, except sole proprietorships with an office in this state, shall pay an annual registration fee not to exceed One Hundred Dollars ($100.00). The following must register with the Board under this section:&nbsp;</span></p> <p><span class="cls0">1. Any firm with an office in this state engaged in the practice of public accounting or the practice of attest services as defined in paragraph 5 of Section 15.1A of this title;&nbsp;</span></p> <p><span class="cls0">2. Any firm with an office in this state that uses the title &ldquo;CPA&rdquo;, &ldquo;PA&rdquo;, &ldquo;CPA firm&rdquo; or &ldquo;PA firm&rdquo;; or&nbsp;</span></p> <p><span class="cls0">3. Any firm that does not have an office in this state but performs services described in subparagraph a, c, or d of paragraph 5 of Section 15.1A of this title for a client having its home office in this state.&nbsp;</span></p> <p><span class="cls0">B. All such registrations shall expire on June 30 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 June 30 of each year.&nbsp;</span></p> <p><span class="cls0">C. Interim registrations shall be at full rates.&nbsp;</span></p> <p><span class="cls0">D. Upon failure of a firm to pay registration fees on or before the last day of June, 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&rsquo;s failure to comply with the Oklahoma Accountancy Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">G. An individual who has practice privileges under Section 15.12A of this title who performs services for which firm registration is required under this section shall not be required to meet the certificate, license, registration or permit requirements of Section 15.9, 15.13, 15.13A, 15.14 or 15.14A of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 15, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 12, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 19, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 11, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 19, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 15, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 11, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.15A. Firm permits.&nbsp;</span></p> <p><span class="cls0">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 except that a firm not required to register with the Board under paragraph 4 of subsection A of Section 15.12A of this title shall also not be required to obtain a permit under this section. Renewals of firm permits shall be applied for during the month of May of each year.&nbsp;</span></p> <p><span class="cls0">B. Applicants for initial firm permits shall provide the Board with the following information:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 in any other state or jurisdiction;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Changes in the partners or shareholders of the firm;&nbsp;</span></p> <p><span class="cls0">2. Changes in the structure of the firm;&nbsp;</span></p> <p><span class="cls0">3. Change of the designated manager of the firm;&nbsp;</span></p> <p><span class="cls0">4. Changes in the number or location of offices of the firm; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A list of all partners and shareholders at the time of dissolution;&nbsp;</span></p> <p><span class="cls0">2. The location of each office of the firm at the time of dissolution; and&nbsp;</span></p> <p><span class="cls0">3. The date the dissolution became effective.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A simple majority of the ownership of the firm, in terms of financial interests and voting rights, belongs to partners or shareholders engaged in the practice of public accounting in the United States and holding a certificate as a certified public accountant in one or more jurisdictions. Although firms may include non-certificate holder owners, the firm and its ownership must comply with rules promulgated by the Board; and&nbsp;</span></p> <p><span class="cls0">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; and&nbsp;</span></p> <p><span class="cls0">3. All nonlicensed owners are active individual participants in the public accounting firm or affiliated entities.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A simple majority of the ownership of the firm, in terms of financial interests and voting rights, belongs to partners or shareholders engaged in the practice of public accounting in the United States and holding a license as a public accountant in one or more jurisdictions. Although firms may include nonlicense holder owners, the firm and its ownership must comply with rules promulgated by the Board; and&nbsp;</span></p> <p><span class="cls0">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; and&nbsp;</span></p> <p><span class="cls0">3. All nonlicensed owners are active individual participants in the public accounting firm or affiliated entities.&nbsp;</span></p> <p><span class="cls0">H. Any individual licensee who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant&rsquo;s report on the financial statement on behalf of the firm shall meet the competency requirements set out in the professional standards for such services.&nbsp;</span></p> <p><span class="cls0">I. Any individual licensee who signs or authorizes someone to sign the accountant&rsquo;s report on the financial statements on behalf of the firm shall meet the competency requirements of the prior subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 272, &sect; 20, eff. Sept. 1, 1992. Amended by Laws 2002, c. 312, &sect; 12, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 20, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 16, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 12, eff. July 1, 2010; Laws 2011, c. 150, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;5915.15B. Designated manager.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Board shall prescribe such rules as are necessary to implement registration pursuant to the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Laws 1965, c. 188, &sect; 17, emerg. eff. June 8, 1965; Laws 1968, c. 271, &sect; 13, emerg. eff. April 30, 1968; Laws 1992, c. 272, &sect; 21, eff. Sept. 1, 1992. Renumbered from &sect; 15.17 by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.15C. Services provided by unregistered firm.&nbsp;</span></p> <p><span class="cls0">It shall not be a violation of the Oklahoma Accountancy Act for a firm which is not registered under Section 15.15 of Title 59 of the Oklahoma Statutes and does not hold a valid permit under Section 15.15A of Title 59 of the Oklahoma Statutes and which does not have an office in this state to provide its professional services in this state so long as it complies with the requirements of paragraph 4 of subsection A of Section 15.12A of Title 59 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 45, &sect; 17, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.16. Revocation or suspension of registration and permits of firm.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The revocation or suspension of the certificate or license of any partner or shareholder issued in accordance with the Oklahoma Accountancy Act;&nbsp;</span></p> <p><span class="cls0">2. Failure to maintain compliance with the requirements for issuance or renewal of the permit of the firm;&nbsp;</span></p> <p><span class="cls0">3. Failure to sign accountants&rsquo; opinions in the firm name, except in instances in which a governmental agency shall require the signature to be that of an individual;&nbsp;</span></p> <p><span class="cls0">4. Fraud or deceit by any partner or shareholder in obtaining the firm permit;&nbsp;</span></p> <p><span class="cls0">5. Except sole proprietorships, failure to file income tax returns in the name of the firm; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1965, c. 188, &sect; 16, emerg. eff. June 8, 1965; Laws 1992, c. 272, &sect; 22, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 21, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.17. Renumbered as &sect; 15.15B of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-15.18. Renumbered as &sect; 15.10A of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-15.19. Repealed by Laws 1992, c. 272, &sect; 33, eff. Sept. 1. 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-15.20. Renumbered as &sect; 15.14B of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-15.22. Renumbered as &sect; 15.14A of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;5915.23. Hearings.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Accountancy Board shall conduct investigations and hearings when it believes a registrant, individual practicing under the provisions of the Oklahoma Accountancy 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 21, emerg. eff. June 8, 1965. Renumbered from &sect; 15.21 of this title by Laws 1968, c. 271, &sect; 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, &sect; 23, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 13, eff. Nov. 1, 2002; Laws 2009, c. 45, &sect; 18, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.24. Penalties - Reinstatement or termination of suspension.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Revoke any certificate, license, practice privilege or permit issued pursuant to the provisions of the Oklahoma Accountancy Act;&nbsp;</span></p> <p><span class="cls0">2. Suspend any certificate, license, practice privilege or permit for not more than five (5) years, subject to such terms, conditions, or limitations as deemed appropriate by the Board;&nbsp;</span></p> <p><span class="cls0">3. Reprimand a registrant, an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requirements under Section 15.15C of this title;&nbsp;</span></p> <p><span class="cls0">4. Place a registrant, an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requirements under Section 15.15C of this title on probation for a specified period of time, which may be shortened or lengthened, as the Board deems appropriate;&nbsp;</span></p> <p><span class="cls0">5. Limit the scope of practice of a registrant, an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requirements under Section 15.15C of this title;&nbsp;</span></p> <p><span class="cls0">6. Deny renewal of a permit;&nbsp;</span></p> <p><span class="cls0">7. Require a preissuance review or accelerated peer review of the registrant subject to such procedures as the Board deems appropriate;&nbsp;</span></p> <p><span class="cls0">8. Require successful completion of continuing professional educational programs deemed appropriate;&nbsp;</span></p> <p><span class="cls0">9. Assess a fine not to exceed Ten Thousand Dollars ($10,000.00) for each separate offense; and&nbsp;</span></p> <p><span class="cls0">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, attorney fees, investigation costs, hearing officer costs, renting of special facilities costs, and court reporter costs.&nbsp;</span></p> <p><span class="cls0">B. Upon application in writing, the Board may reinstate a certificate, license, practice privilege or permit which has been revoked, or may modify, upon good cause as to why the individual or entity should be reinstated, the suspension of any certificate, license, practice privilege or permit.&nbsp;</span></p> <p><span class="cls0">C. Before reinstating or terminating the suspension of a certificate, license, practice privilege 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.&nbsp;</span></p> <p><span class="cls0">D. Before reinstating or terminating the suspension of a certificate, license, practice privilege 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.&nbsp;</span></p> <p><span class="cls0">E. Before reinstating or terminating the suspension of a certificate or license or as a condition to such reinstatement or termination, the Board may require the applicant to submit to a national criminal history records search. The costs associated with the national criminal history records search shall be paid by the applicant.&nbsp;</span></p> <p><span class="cls0">F. 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.&nbsp;</span></p> <p><span class="cls0">G. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 22, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 18, emerg. eff. April 30, 1968. Renumbered from &sect; 15.22 of this title by Laws 1968, c. 271, &sect; 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, &sect; 24, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 22, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 19, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 13, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.25. Misrepresentation or fraud - Violations of act - Penalty.&nbsp;</span></p> <p><span class="cls0">Any individual or entity who:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Continues to use such title or designation after such certificate, license, or permit has been recalled, revoked, surrendered, canceled, or suspended or refuses to surrender such certificate, license, or permit; or&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. Otherwise violates any of the provisions of the Oklahoma Accountancy Act;&nbsp;</span></p> <p><span class="cls0">upon conviction shall be deemed guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Provided, however, that an individual granted practice privileges under Section 15.12A of this title or a firm exempt from the permit and registration requirements under Section 15.15C of this title may hold out as a CPA or a firm of CPAs, respectively, without violation of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 23, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 19, emerg. eff. April 30, 1968. Renumbered from &sect; 15.23 of this title by Laws 1968, c. 271, &sect; 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, &sect; 25, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 23, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 20, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 14, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.26. False reports or statements - Penalty.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 24, emerg. eff. June 8, 1965. Renumbered from &sect; 15.24 of Title 59 by Laws 1968, c. 271, &sect; 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, &sect; 26, eff. Sept. 1, 1992; Laws 1997, c. 133, &sect; 505, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 369, eff. July 1, 1999; Laws 2002, c. 312, &sect; 14, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 24, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 505 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.27. Cease and desist order &ndash; Fine - Injunction.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. After notice and hearing, issue a cease and desist order to any individual who should have obtained a certificate, license, practice privilege or permit or to an entity which should have obtained a permit;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Each day a violation is continuing shall constitute a separate offense.&nbsp;</span></p> <p><span class="cls0">C. Administrative fines imposed pursuant to this section shall be enforceable in the district courts of this state.&nbsp;</span></p> <p><span class="cls0">D. Notices and hearings required by this section shall be in accordance with the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">E. Appeals from orders entered pursuant to this section shall be in accordance with the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 26, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 22, emerg. eff. April 30, 1968. Renumbered from &sect; 15.26 of this title by Laws 1968, c. 271, &sect; 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, &sect; 27, eff. Sept. 1, 1992; Laws 2004, c. 125, &sect; 25, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 21, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.28. Prima facie evidence.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;Certified Public Accountant&rdquo; or &ldquo;Public Accountant&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 188, &sect; 27, emerg. eff. June 8, 1965. Amended by Laws 1968, c. 271, &sect; 20, emerg. eff. April 30, 1968. Renumbered from &sect; 15.27 of Title 59 by Laws 1968, c. 271, &sect; 23, emerg. eff. April 30, 1968. Amended by Laws 1992, c. 272, &sect; 28, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 15, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 26, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.29A. Unlawful use of titles or abbreviations - Injunction, restraining order, or other order.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 312, &sect; 16, eff. Nov. 1, 2002. Amended by Laws 2004, c. 125, &sect; 27, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.29B. Enforcement actions - Evidence of single act sufficient.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 312, &sect; 17, eff. Nov. 1, 2002. Amended by Laws 2004, c. 125, &sect; 28, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.30. Peer reviews.&nbsp;</span></p> <p><span class="cls0">A. As a condition for issuance or renewal of permits, the Board may require applicants who perform attest services, except compilations and those services described in subparagraph d of paragraph 5 of Section 15.1A of this title, to undergo peer reviews conducted not less than once every three (3) years.&nbsp;</span></p> <p><span class="cls0">B. Peer reviews shall be conducted in such manner and in accordance with such standards as the Board may specify by rule.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 272, &sect; 29, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, &sect; 29, eff. Nov. 1, 2004; Laws 2011, c. 150, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-15.31. Repealed by Laws 1992, c. 272, &sect; 33, eff. Sept. 1. 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-15.32. Renumbered as &sect; 15.36 of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-15.33. Renumbered as &sect; 15.37 of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-15.35. Continuing professional education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Continuing professional education compliance periods shall be established by rule.&nbsp;</span></p> <p><span class="cls0">C. 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.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Accountancy Board shall adopt rules and regulations regarding such continuing professional education. Such rules shall include but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Requiring reporting of continuing professional education to coincide with the annual permit renewal date;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. Adopt standards for determining approved continuing professional education courses.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 274, &sect; 4, eff. July 1, 1980. Amended by Laws 1992, c. 272, &sect; 30, eff. Sept. 1, 1992; Laws 2002, c. 312, &sect; 18, eff. Nov. 1, 2002; Laws 2004, c. 125, &sect; 30, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 22, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.36. Persons who may perform assurance services and audits or issue reports.&nbsp;</span></p> <p><span class="cls0">Any CPA or PA holding a valid permit, or an individual granted practice privileges under Section 15.12A of this title, may perform assurance services, including audit services, and issue a report required by any statute, charter, ordinance, trust or other legal instrument.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 324, &sect; 2, emerg. eff. June 24, 1971. Amended by Laws 1992, c. 272, &sect; 31, eff. Sept. 1, 1992. Renumbered from &sect; 15.32 of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, &sect; 31, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 23, emerg. eff. April 14, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.37. Acts and instruments not to provide for audit services by other than registrant holding valid permit.&nbsp;</span></p> <p><span class="cls0">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 or an individual granted practice privileges under Section 15.12A of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 324, &sect; 3, emerg. eff. June 24, 1971. Amended by Laws 1992, c. 272, &sect; 32, eff. Sept. 1, 1992. Renumbered from &sect; 15.33 of this title by Laws 1992, c. 272, &sect; 34, eff. Sept. 1, 1992. Amended by Laws 2004, c. 125, &sect; 32, eff. Nov. 1, 2004; Laws 2009, c. 45, &sect; 24, emerg. eff. April 14, 2009; Laws 2010, c. 85, &sect; 15, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-15.38. Filing, fees, and continuing professional education requirements waived for license or certificate holder called to active military service.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 125, &sect; 33, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;State Architectural and Registered Interior Designers Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 347, &sect; 1. Amended by Laws 1980, c. 314, &sect; 1, eff. July 1, 1980; Laws 1986, c. 287, &sect; 1, operative July 1, 1986. Renumbered from Title 59, &sect; 45.1, by Laws 1986, c. 287, &sect; 30, operative July 1, 1986; Laws 2006, c. 163, &sect; 1, eff. July 1, 2006; Laws 2009, c. 184, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.2. Purpose of act.&nbsp;</span></p> <p><span class="cls0">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, landscape architect or registered interior designer, or advertise any title or description tending to convey the impression that the person is a licensed architect or landscape architect or a registered interior designer unless the person is duly licensed or exempt from licensure or registration under the State Architectural and Interior Designers Act. The practice of architecture and landscape architecture and the use of the titles, architect, landscape architect or registered interior designer, are privileges granted by the state through the Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma based upon the qualifications of the individual as evidenced by a certificate of licensure or registration which shall not be transferable.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 347, &sect; 2, emerg. eff. April 16, 1947. Amended by Laws 1986, c. 287, &sect; 2, operative July 1, 1986. Renumbered from &sect; 45.2 of this title by Laws 1986, c. 287, &sect; 30, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 1, eff. July 1, 1998; Laws 2006, c. 163, &sect; 2, eff. July 1, 2006; Laws 2006, c. 193, &sect; 1, eff. July 1, 2006; Laws 2009, c. 184, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the State Architectural and Registered Interior Designers Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Architect&rdquo; means any person who is licensed and engages in the practice of architecture as hereinafter defined;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Practice of architecture&rdquo; means 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Registration or license&rdquo; means a certificate of registration or license issued by the Board. The definition of &ldquo;license&rdquo; shall apply to those persons licensed under a practice act. The definition of &ldquo;registration&rdquo; shall apply to those persons registered under a title act;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Building&rdquo; means a structure consisting of a foundation, walls, all floors and roof, with or without other parts;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Board&rdquo; means the Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Certificate of authority&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">7. &rdquo;Certificate of title&rdquo; means the authorization granted by the Board for a partnership, firm, association, corporation, limited liability company or limited liability partnership to use the title &ldquo;registered interior designer&rdquo; or any modification or derivation of these terms;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Technical submissions&rdquo; means designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture or landscape architecture;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Responsible control&rdquo; means the amount of control and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects or landscape architects applying the required professional standard of care;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Landscape architect&rdquo; means a person licensed to practice landscape architecture as provided in the State Architectural and Registered Interior Designers Act;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Landscape architecture&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">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 self-contained 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;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Code&rdquo; means the nationally recognized building code adopted by the local, municipal, or county jurisdiction in which a building is located. Where no building code has been adopted by the local, municipal or county jurisdiction, all buildings shall meet the requirements of the state building code as adopted by the Office of the State Fire Marshal;&nbsp;</span></p> <p><span class="cls0">13. &ldquo;Applicable building official&rdquo; means the official responsible for the application of the adopted building code as implemented by the local, municipal or county jurisdiction in which a building is located. Where no building code has been adopted by the local, municipal or county jurisdiction, the applicable building official shall be defined as the State Fire Marshal; and&nbsp;</span></p> <p><span class="cls0">14. &ldquo;Registered interior designer&rdquo; means a person recognized by this state who is registered, qualified by education, experience and examination and meeting all the requirements set forth in the State Architectural and Registered Interior Designers Act and the Board&rsquo;s rules.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 347, &sect; 3, emerg. eff. April 16, 1947. Amended by Laws 1949, p. 387, &sect; 1, emerg. eff. May 6, 1949; Laws 1978, c. 191, &sect; 1; Laws 1980, c. 314, &sect; 2, eff. July 1, 1980; Laws 1986, c. 154, &sect; 1, eff. July 1, 1986; Laws 1986, c. 287, &sect; 3, operative July 1, 1986. Renumbered from &sect; 45.3 of this title by Laws 1986, c. 287, &sect; 30, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 2, eff. July 1, 1998; Laws 2005, c. 77, &sect; 1, eff. July 1, 2005; Laws 2006, c. 163, &sect; 3, eff. July 1, 2006; Laws 2006, c. 193, &sect; 2, eff. July 1, 2006; Laws 2009, c. 184, &sect; 3, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.4. Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma.&nbsp;</span></p> <p><span class="cls0">There is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, a board to be known as the &ldquo;Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma&rdquo;, hereinafter referred to as the Board. The Board shall be composed of eleven (11) members, including seven 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, one person as a registered interior designer after the initial appointment and any new appointees thereafter shall be a registered interior designer and either actively engaged as a registered interior designer in this state or is a registered teaching professor of interior design, and one lay member. Each member of the Board shall be a qualified elector of this state, and the architect and landscape architect members shall have had five (5) years' experience in the application or the study of the principles of their respective profession after initial licensure. The registered interior designer shall have five (5) years&rsquo; experience in the application or the study of the principles of interior design, met the requirements of Section 46.38 of this title and become registered. After July 1, 2012, the registered interior designer member of the Board shall have five (5) years of being registered by the Board and shall have met the requirements of Section 46.38 of this title. Re-creation 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 licensed persons engaged in the practice of architecture or landscape architecture or the registered interior designer, or the persons who are licensed teaching professors of architecture, landscape architecture or registered and teaching interior design, 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 term of the member 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 348, &sect; 5, emerg. eff. April 16, 1947. Amended by Laws 1957, p. 463, &sect; 1, emerg. eff. May 31, 1957; Laws 1980, c. 314, &sect; 4, eff. July 1, 1980; Laws 1981, c. 320, &sect; 1; Laws 1985, c. 178, &sect; 28, operative July 1, 1985; Laws 1986, c. 154, &sect; 2, eff. July 1, 1986; Laws 1986, c. 287, &sect; 5, operative July 1, 1986. Renumbered from &sect; 45.5 of this title by Laws 1986, c. 287, &sect; 30, operative July 1, 1986. Amended by Laws 1992, c. 20, &sect; 1; Laws 1998, c. 39, &sect; 1; Laws 1998, c. 220, &sect; 3, eff. July 1, 1998; Laws 2004, c. 30, &sect; 1; Laws 2006, c. 163, &sect; 4, eff. July 1, 2006; Laws 2006, c. 193, &sect; 3, eff. July 1, 2006; Laws 2009, c. 184, &sect; 4, eff. July 1, 2009; Laws 2010, c. 28, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.5. Repealed by Laws 1998, c. 220, &sect; 20, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-46.6. Meetings - Officers - Salary - Quorum.&nbsp;</span></p> <p><span class="cls0">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 chair, a vice-chair and a secretary-treasurer, each of whom shall serve until such officer's respective successor shall have been elected and shall have qualified. The position of the secretary-treasurer shall not count against the agency&rsquo;s full-time-equivalent limits authorized by the Legislature. The chair 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. Six Board members shall constitute a quorum for the transaction of business.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 349, &sect; 7, emerg. eff. April 16, 1947. Amended by Laws 1980, c. 159, &sect; 9, emerg. eff. April 2, 1980; Laws 1980, c. 314, &sect; 6, eff. July 1, 1980; Laws 1986, c. 287, &sect; 8, operative July 1, 1986. Renumbered from Title 59, &sect; 45.7, by Laws 1986, c. 287, &sect; 30, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 4, eff. July 1, 1998; Laws 2006, c. 163, &sect; 5, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.7. Powers and duties of Board.&nbsp;</span></p> <p><span class="cls0">In addition to the other powers and duties imposed by law, the Board shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Prescribe such rules and to make such orders, as it may deem necessary or expedient in the performance of its duties;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Determine eligibility for licenses and certificates of authority;&nbsp;</span></p> <p><span class="cls0">6. Determine eligibility for registration as a registered interior designer and for certificate of title;&nbsp;</span></p> <p><span class="cls0">7. Promulgate rules to govern the issuing of reciprocal licenses and registrations;&nbsp;</span></p> <p><span class="cls0">8. Upon good cause shown, as hereinafter provided, deny the issuance of a license, registration, certificate of authority or certificate of title or suspend, revoke or refuse to renew licenses, registrations, certificates of title or certificates of authority previously issued, and upon proper showing, to reinstate them;&nbsp;</span></p> <p><span class="cls0">9. Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew;&nbsp;</span></p> <p><span class="cls0">10. Prescribe rules governing proceedings for the denial of issuance of a license, registration, certificate of authority or certificate of title, suspension, revocation or refusal to renew, for cause, of licenses, registrations, certificates of authority or certificates of title heretofore issued and the reinstatement thereof;&nbsp;</span></p> <p><span class="cls0">11. Prescribe such penalties, as it may deem proper, to be assessed against holders of licenses, registrations, certificates of authority or certificates of title for the failure to pay the biennial fee hereinafter provided for;&nbsp;</span></p> <p><span class="cls0">12. Levy civil penalties plus the legal costs incurred by the Board to prosecute the case against any person or entity who shall violate any of the provisions of the State Architectural and Registered Interior Designers Act or any rule promulgated thereto;&nbsp;</span></p> <p><span class="cls0">13. Obtain an office, secure such facilities, and employ, direct, discharge and define the duties and set the salaries of such office personnel and set the salaries of such unclassified and exempt office personnel as deemed necessary by the Board;&nbsp;</span></p> <p><span class="cls0">14. Initiate disciplinary action, prosecute and seek injunctions against any person or entity who has violated any of the provisions of the State Architectural and Registered Interior Designers Act or any rule of the Board promulgated pursuant to said act and against the owner/developer of the building type not exempt;&nbsp;</span></p> <p><span class="cls0">15. Investigate alleged violations of the State Architectural and Registered Interior Designers Act or of the rules, orders or final decisions of the Board;&nbsp;</span></p> <p><span class="cls0">16. Promulgate rules of conduct governing the practice of licensed architects and landscape architects;&nbsp;</span></p> <p><span class="cls0">17. Keep accurate and complete records of proceedings, and certify the same as may be appropriate;&nbsp;</span></p> <p><span class="cls0">18. Whenever it deems it appropriate, confer with the Attorney General or the Attorney General&rsquo;s 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;&nbsp;</span></p> <p><span class="cls0">19. Prescribe by rules, fees to be charged as required by this act;&nbsp;</span></p> <p><span class="cls0">20. 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;&nbsp;</span></p> <p><span class="cls0">21. Adopt rules regarding requirements for intern development as a prerequisite for licensure; and&nbsp;</span></p> <p><span class="cls0">22. Take such other action as may be reasonably necessary or appropriate to effectuate the State Architectural and Registered Interior Designers Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 349, &sect; 8, emerg. eff. April 16, 1947. Amended by Laws 1980, c. 314, &sect; 7, eff. July 1, 1980; Laws 1986, c. 154, &sect; 4, eff. July 1, 1986; Laws 1986, c. 287, &sect; 9, operative July 1, 1986. Renumbered from &sect; 45.8 of this title by Laws 1986, c. 287, &sect; 30, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 5, eff. July 1, 1998; Laws 2006, c. 163, &sect; 6, eff. July 1, 2006; Laws 2006, c. 193, &sect; 4, eff. July 1, 2006; Laws 2009, c. 184, &sect; 5, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.8. Repealed by Laws 1998, c. 220, &sect; 20, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-46.8a. Unlawful practice or use of title - License&mdash;Reciprocity.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;Architect&rdquo;, &ldquo;Registered or Licensed Architect&rdquo;, &ldquo;Architectural Designer&rdquo;, 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 licensed under the provisions of this act. No person shall aid or abet any person, not licensed under the provisions of this act, in the practice of architecture.&nbsp;</span></p> <p><span class="cls0">B. Every person applying to the Board for an initial license 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 license to each applicant who is found to be of good moral character and who satisfies the requirements set forth in this section and the Board&rsquo;s rules. Such license shall be effective upon issuance.&nbsp;</span></p> <p><span class="cls0">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, acting in the exercise of his or her discretion or upon the order of the Board in the exercise of its discretion and upon the receipt of the stated payment to the Board pursuant to the rules of the Board, shall issue to the person a license to practice architecture in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 220, &sect; 6, eff. July 1, 1998. Amended by Laws 2006, c. 163, &sect; 7, eff. July 1, 2006; Laws 2009, c. 184, &sect; 6, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.9. Practice through partnership, firm, association, corporation, limited liability company or limited liability partnership - Certificates of authority or title - Foreign entities - Registration of trade name or service mark.&nbsp;</span></p> <p><span class="cls0">A. The practice of architecture or landscape architecture or offering to practice these professions for others by persons licensed 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 and Registered Interior Designers Act, provided:&nbsp;</span></p> <p><span class="cls0">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 entity&rsquo;s activities and decisions of said partnership, firm, association, corporation, limited liability company or limited liability partnership;&nbsp;</span></p> <p><span class="cls0">2. Such director, partner, officer, shareholder, manager, member or principal is duly licensed under the State Architectural and Registered Interior Designers Act;&nbsp;</span></p> <p><span class="cls0">3. All personnel of said partnership, firm, association, corporation, limited liability company or limited liability partnership which act in behalf of the entity for these professions in the state are licensed under the State Architectural and Registered Interior Designers Act; and&nbsp;</span></p> <p><span class="cls0">4. Said partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of authority by the Board.&nbsp;</span></p> <p><span class="cls0">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 and Registered Interior Designers Act.&nbsp;</span></p> <p><span class="cls0">C. A partnership, firm, association, corporation, limited liability company or limited liability partnership desiring to practice architecture or landscape 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 licensure and license number of all partners, directors, officers, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity&rsquo;s practice. 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. The person shall be duly licensed as an architect to practice architecture or licensed as a landscape architect to practice landscape architecture in this state through said partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity&rsquo;s practice or services offered 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.&nbsp;</span></p> <p><span class="cls0">D. Any other person licensed pursuant to the State Architectural and Registered Interior Designers Act, not practicing these professions as a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall practice as an individual.&nbsp;</span></p> <p><span class="cls0">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 these professions 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.&nbsp;</span></p> <p><span class="cls0">F. The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established any of the words &ldquo;Architect&rdquo;, &ldquo;Architectural&rdquo;, &ldquo;Architecture&rdquo;, &ldquo;Landscape Architect&rdquo;, &ldquo;Landscape Architecture&rdquo; or any modification or derivation of these words, unless the Board has issued for said applicant either a certificate of authority for an entity, or a letter indicating the eligibility for an exemption pursuant to the State Architectural and Registered Interior Designers Act. The entity applying shall supply such certificate or letter from the Board with its application for incorporation or registration.&nbsp;</span></p> <p><span class="cls0">G. The Secretary of State shall not register any trade name or service mark which includes such words, as set forth in subsection F of this section, or modifications or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of authority issued under the provisions of this section or letters of eligibility issued by the Board.&nbsp;</span></p> <p><span class="cls0">H. The use of the title &ldquo;Registered Interior Designer&rdquo; by a partnership, firm, association, corporation, limited liability company or limited liability partnership is allowed to those entities listed, provided:&nbsp;</span></p> <p><span class="cls0">1. One or more of the directors, partners, officers, shareholders, members, managers or principals is registered with the Board as a registered interior designer and is in good standing with the Board; and&nbsp;</span></p> <p><span class="cls0">2. The partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of title by the Board.&nbsp;</span></p> <p><span class="cls0">I. The Board shall have the power to issue, revoke, deny or refuse to renew a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in the State Architectural and Registered Interior Designers Act.&nbsp;</span></p> <p><span class="cls0">J. A partnership, firm, association, corporation, limited liability company or limited liability partnership shall file with the Board an application for a certificate of title on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all directors, partners, officers, shareholders, members, managers, or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership. In the event there shall be a replacement of any of these persons during the term of certification, the change shall be filed with the Board within thirty (30) days after the effective date of the change. If all the requirements of this section and the current rules of the Board have been met, the Board shall issue a certificate of title to such partnership, firm, association, corporation, limited liability company or limited liability partnership.&nbsp;</span></p> <p><span class="cls0">K. The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established any of the words &ldquo;Registered Interior Designer&rdquo; or any modification or derivation of these words, unless the Board has issued for the applicant either a certificate of title for an entity, or a letter indicating the eligibility for an exemption pursuant to the State Architectural and Registered Interior Designers Act. The firm applying shall supply such certificate of title or letter from the Board with its application for incorporation or registration.&nbsp;</span></p> <p><span class="cls0">L. The Secretary of State shall not register any trade name or service mark which includes such words as set forth in subsection K of this section, or modification or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of title issued under the provisions of this section or letters of eligibility issued by the Board.&nbsp;</span></p> <p><span class="cls0">M. Upon application for renewal and upon compliance with the provisions of the State Architectural and Registered Interior Designers Act and the rules of the Board, a certificate of title shall be renewed as provided in this act.&nbsp;</span></p> <p><span class="cls0">N. Upon application for renewal and upon compliance with the provisions of the State Architectural and Registered Interior Designers Act and the rules of the Board, a certificate of authority shall be renewed as provided in this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 351, &sect; 12, emerg. eff. April 16, 1947. Amended by Laws 1963, c. 178, &sect; 1, emerg. eff. June 10, 1963; Laws 1981, c. 320, &sect; 4; Laws 1983, c. 21, &sect; 2, operative July 1, 1983; Laws 1986, c. 154, &sect; 6, eff. July 1, 1986; Laws 1986, c. 287, &sect; 13, operative July 1, 1986. Renumbered from Title 59, &sect; 45.12, by Laws 1986, c. 287, &sect; 30, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 7, eff. July 1, 1998; Laws 2006, c. 163, &sect; 8, eff. July 1, 2006; Laws 2009, c. 184, &sect; 7, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.10. Dues - Cancellation of license or registration for nonpayment.&nbsp;</span></p> <p><span class="cls0">Every licensed architect, landscape architect and registered interior designer shall pay to the Board a fee as prescribed by the rules of the Board. Upon receipt of the fee the Board shall issue a renewal of the license or registration, which shall authorize the person to practice architecture, landscape architecture or use the title registered interior designer, as the case may be, in this state. The license of an architect or landscape architect or the registration of a registered interior designer 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 Board 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 or registration been suspended, together with payment of the amount of penalties which may have been prescribed by the Board. If a license or registration remains canceled for a period exceeding three (3) consecutive years, it shall not be reinstated unless the licensee or registrant 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 or registrant. A partnership, firm, association, corporation, limited liability company or limited liability partnership shall pay to the Board the fee prescribed and in the manner provided by the rules of the Board for the renewal of the certificate of authority or certificate of title for such partnership, firm, association, corporation, limited liability company or limited liability partnership.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 351, &sect; 13, emerg. eff. April 16, 1947. Amended by Laws 1949, p. 388, &sect; 3, emerg. eff. May 6, 1949; Laws 1963, c. 178, &sect; 2, emerg. eff. June 10, 1963; Laws 1983, c. 21, &sect; 3, operative July 1, 1983; Laws 1986, c. 154, &sect; 7, eff. July 1, 1986; Laws 1986, c. 287, &sect; 14, operative July 1, 1986. Renumbered from &sect; 45.13 of this title by Laws 1986, c. 287, &sect; 30, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 8, eff. July 1, 1998; Laws 2001, c. 245, &sect; 1, eff. Nov. 1, 2001; Laws 2006, c. 163, &sect; 9, eff. July 1, 2006; Laws 2006, c. 193, &sect; 5, eff. July 1, 2006; Laws 2009, c. 184, &sect; 8, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.11. Renewal of license or certificate - Display.&nbsp;</span></p> <p><span class="cls0">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. Every licensed 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 287, &sect; 11, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 9, eff. July 1, 1998; Laws 2006, c. 163, &sect; 10, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.12. Reinstatement of license, registration or certificate.&nbsp;</span></p> <p><span class="cls0">After the expiration of a period of six (6) months and upon payment to the Board of a fee as prescribed by the rules of the Board, a person or entity whose license, registration or certificate of authority has been suspended or revoked for cause, pursuant to the provisions of the State Architectural and Registered Interior Designers Act, may file an application with the Board for the reinstatement of said license, registration, certificate of authority or certificate of title. 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, registration, certificate of authority or certificate of title upon the payment of a sum equal to the fees which would have accrued had not the license, registration, certificate of authority or certificate of title of the applicant been suspended or revoked.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 353, &sect; 16, emerg. eff. April 16, 1947. Amended by Laws 1983, c. 21, &sect; 4, operative July 1, 1983; Laws 1986, c. 154, &sect; 8, eff. July 1, 1986; Laws 1986, c. 287, &sect; 16, operative July 1, 1986. Renumbered from Title 59, &sect; 45.16, by Laws 1986, c. 287, &sect; 31, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 10, eff. July 1, 1998; Laws 2006, c. 163, &sect; 11, eff. July 1, 2006; Laws 2009, c. 184, &sect; 9, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.13. Repealed by Laws 1998, c. 220, &sect; 20, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-46.14. Grounds for suspension, revocation or nonrenewal of license or certificate - Hearing.&nbsp;</span></p> <p><span class="cls0">The Board shall have power to suspend, to revoke or refuse to renew a license, registration, certificate of authority or certificate of title issued by it, pursuant to the provisions of the State Architectural and Registered Interior Designers Act, when the holder thereof:&nbsp;</span></p> <p><span class="cls0">1. Shall have been convicted of a felony;&nbsp;</span></p> <p><span class="cls0">2. Shall have been guilty of fraud or misrepresentation in the person's application, whether for an examination or for a license or registration without examination, or of fraud in the examination;&nbsp;</span></p> <p><span class="cls0">3. Shall have been guilty of gross incompetence or recklessness in the practice of architecture relating to the construction of buildings or structures, or of dishonest practices;&nbsp;</span></p> <p><span class="cls0">4. Shall have been guilty of gross incompetence or recklessness in the practice of landscape architecture, or of dishonest practices;&nbsp;</span></p> <p><span class="cls0">5. Presents the registration of another as his or her own;&nbsp;</span></p> <p><span class="cls0">6. Gives false or forged evidence to the Board;&nbsp;</span></p> <p><span class="cls0">7. Conceals information relative to any violation of this act or rules promulgated under this act;&nbsp;</span></p> <p><span class="cls0">8. Shall have been found to be guilty of a violation of a provision of the State Architectural and Registered Interior Designers Act or the rules of the Board; provided, that a person or entity complained of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 351, &sect; 14, emerg. eff. April 16, 1947. Amended by Laws 1986, c. 287, &sect; 15, operative July 1, 1986. Renumbered from Title 59, &sect; 45.14, by Laws 1986, c. 287, &sect; 31, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 11, eff. July 1, 1998; Laws 2006, c. 163, &sect; 12, eff. July 1, 2006; Laws 2009, c. 184, &sect; 10, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.15. Appeals from Board - Jurisdiction of District Court of Oklahoma County.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 352, &sect; 15, emerg. eff. April 16, 1947. Renumbered from &sect; 45.15 of this title by Laws 1986, c. 287, &sect; 31, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 12, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.16. Repealed by Laws 1998, c. 220, &sect; 20, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-46.17. Criminal penalties.&nbsp;</span></p> <p><span class="cls0">Any person or entity convicted of violating any provision of the State Architectural and Registered Interior Designers Act shall be guilty of a misdemeanor. The continued violation of any provision of the State Architectural and Registered Interior Designers 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 287, &sect; 25, operative July 1, 1986. Amended by Laws 2006, c. 163, &sect; 13, eff. July 1, 2006; Laws 2009, c. 184, &sect; 11, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.18. Civil penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person or entity who has been determined by the Board to have violated any provision of the State Architectural and Registered Interior Designers Act or any rule or order issued pursuant to the provisions of the State Architectural and Registered Interior Designers Act may be liable for a civil penalty of not more than One Hundred Dollars ($100.00) for each day that said violation continues plus the legal costs incurred by the Board to prosecute the case. The maximum civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations plus the legal costs incurred by the Board to prosecute the case.&nbsp;</span></p> <p><span class="cls0">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 and Registered Interior Designers 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.&nbsp;</span></p> <p><span class="cls0">C. Any license, registration, certificate of authority or certificate of title holder may elect to surrender the license, registration, certificate of authority or certificate of title in lieu of said fine but shall be forever barred from obtaining a reissuance of said license, registration, certificate of authority or certificate of title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 287, &sect; 26, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 13, eff. July 1, 1998; Laws 2006, c. 163, &sect; 14, eff. July 1, 2006; Laws 2009, c. 184, &sect; 12, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.19. Board of Architects' Fund.&nbsp;</span></p> <p><span class="cls0">All monies which shall be paid to the Board pursuant to the provisions of the State Architectural and Registered Interior Designers Act shall be deposited with the State Treasurer of Oklahoma and placed in a separate and distinct fund to be known as the &ldquo;Board of Architects' Fund&rdquo;. 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 and Registered Interior Designers Act, and to pay all costs and expenses heretofore and hereafter incurred in connection therewith.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 353, &sect; 17. Amended by Laws 1980, c. 314, &sect; 10, eff. July 1, 1980. Amended by Laws 1986, c. 154, &sect; 9, eff. July 1, 1986; Laws 1986, c. 287, &sect; 17, operative July 1, 1986. Renumbered from 59, &sect; 45.17, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986; Laws 2006, c. 163, &sect; 15, eff. July 1, 2006; Laws 2009, c. 184, &sect; 13, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;5946.20. Annual report.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 353, &sect; 18; Laws 1979, c. 30, &sect; 17, emerg. eff. April 6, 1979; Laws 1980, c. 314, &sect; 11, eff. July 1, 1980. Amended by Laws 1986, c. 287, &sect; 18, operative July 1, 1986. Renumbered from &sect; 45.18 by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;59-46.21. Persons, firms, corporations, limited liability companies or limited liability partnerships excepted from act.&nbsp;</span></p> <p><span class="cls0">A. The State Architectural and Registered Interior Designers 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 exempted by the State Architectural and Registered Interior Designers Act from 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, &ldquo;Architect&rdquo;, and providing further that nothing in the State Architectural and Registered Interior Designers Act shall prevent such persons, firms, corporations, limited liability companies or limited liability partnerships advertising or selling such service.&nbsp;</span></p> <p><span class="cls0">B. Nothing in this act shall be construed to prevent:&nbsp;</span></p> <p><span class="cls0">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 licensed architect;&nbsp;</span></p> <p><span class="cls0">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 licensed as hereinbefore provided; and further provided, that the person shall notify the Board in writing that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person holds a National Council of Architectural Registration Boards certificate and is not currently licensed in the jurisdiction, but will be present in the state for the purpose of offering to render architectural services,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the person will deliver a copy of such notice to every potential client to whom the applicant offers to render architectural services, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the person promises to apply immediately to the Board for registration if selected as the architect for the project; or&nbsp;</span></p> <p><span class="cls0">3. A person, who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently licensed 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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person holds a National Council of Architectural Registration Boards certificate and is not currently licensed in the jurisdiction, but will be present in the state for the purpose of participating in an architectural design competition,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the person will deliver a copy of such notice to every person conducting an architectural design competition in which the applicant participates, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the person promises to apply immediately to the Board for registration if selected as the architect for the project.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 388, &sect; 2, emerg. eff. May 6, 1949. Amended by Laws 1986, c. 287, &sect; 27, operative July 1, 1986. Renumbered from Title 59, &sect; 45.3a, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 14, eff. July 1, 1998; Laws 2006, c. 163, &sect; 16, eff. July 1, 2006; Laws 2009, c. 184, &sect; 14, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.21b. Architects required for certain buildings - Code Use Groups - Exempted buildings.&nbsp;</span></p> <p><span class="cls0">A. An architect shall be required to plan, design and prepare plans and specifications for the following building types except where specifically exempt from the provisions of the State Architectural and Registered Interior Designers Act. All use groups in this section are defined by the 2003 International Building Code.&nbsp;</span></p> <p><span class="cls0">B. The construction, addition or alteration of a building of any size or occupancy in the following Code Use Groups shall be subject to the provisions of the State Architectural and Registered Interior Designers Act:&nbsp;</span></p> <p><span class="cls0">1. Code Use Group I &mdash; Institutional;&nbsp;</span></p> <p><span class="cls0">2. Code Use Group R-2 &ndash; Residential, limited to dormitories, fraternities and sororities, and monasteries and convents;&nbsp;</span></p> <p><span class="cls0">3. Code Use Group A-1 &ndash; Assembly and theaters;&nbsp;</span></p> <p><span class="cls0">4. Code Use Group A-4 &ndash; Assembly, arenas and courts;&nbsp;</span></p> <p><span class="cls0">5. Code Use Group A-5 &ndash; Assembly, bleachers and grandstands; and&nbsp;</span></p> <p><span class="cls0">6. Buildings for which the designated Code Use Group changes are not exempt from the State Architectural and Registered Interior Designers Act.&nbsp;</span></p> <p><span class="cls0">C. The following shall be exempt from the provisions of the State Architectural and Registered Interior Designers Act; provided that, for the purposes of this subsection, a basement is not to be counted as a story for the purpose of counting stories of a building for height regulations:&nbsp;</span></p> <p><span class="cls0">1. The construction, addition or alteration of a building no more than two stories in height and with a code&ndash;defined occupancy of no more than fifty (50) persons for the Code Use Groups A-2 and A-3 &ndash; Assembly and Code Use Group E - Education;&nbsp;</span></p> <p><span class="cls0">2. The construction, addition or alteration of a building no more than two stories in height and no more than sixty-four transient lodging units per building for the Code Use Group R1 &mdash; Residential, including, but not limited to, hotels and motels;&nbsp;</span></p> <p><span class="cls0">3. The construction, addition or alteration of a building no more than two stories in height and with a gross square footage not exceeding one hundred thousand (100,000) in the Code Use Group B &ndash; Business;&nbsp;</span></p> <p><span class="cls0">4. The construction, addition or alteration of a building no more than two stories in height and with a gross square footage not exceeding two hundred thousand (200,000) in the Code Use Group M &ndash; Mercantile; and&nbsp;</span></p> <p><span class="cls0">5. The construction, addition or alteration of a building no more than two stories in height in the following Code Use Groups or buildings:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Code Use Group U &mdash; Utility,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Code Use Group F &ndash; Factory and Industrial,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Code Use Group H &ndash; High hazard,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Code Use Group S &ndash; Storage,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Code Use Group R2 &mdash; Residential, including apartments containing no more than thirty-two dwelling units or thirty-two guest units per building,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;Code Use Groups R3 and R4 &mdash; Residential,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;all buildings used by a municipality, county, state, public trust, public agency or the federal government with a construction value under One Hundred Fifty-eight Thousand Dollars ($158,000.00),&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;incidental buildings or appurtenances associated with paragraphs 1 through 5 of this subsection, and &nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;all uninhabitable, privately owned agricultural buildings.&nbsp;</span></p> <p><span class="cls0">D. The renovation or alteration of a building where the intended use is exempt as new construction shall be exempt from the provisions of the State Architectural and Registered Interior Designers Act.&nbsp;</span></p> <p><span class="cls0">E. Addition, renovation or alteration of buildings where the intended use is not exempt from the provisions of this act, but where the planned addition or alteration, as determined by the applicable building official, does not affect the primary structural, mechanical, or electrical systems, life-safety systems or exit passageways shall be exempt from the provisions of the State Architectural and Registered Interior Designers Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 163, &sect; 17, eff. July 1, 2006. Amended by Laws 2006, c. 193, &sect; 6, eff. July 1, 2006; Laws 2007, c. 50, &sect; 1, emerg. eff. April 24, 2007; Laws 2009, c. 184, &sect; 15, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.22. Repealed by Laws 1998, c. 220, &sect; 20, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-46.23. Repealed by Laws 1998, c. 220, &sect; 20, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-46.24. Issuance of architecture license - Qualifications - Examination - License certificate - Confidential records.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in the State Architectural and Registered Interior Designers Act, no license shall be issued to any person to practice architecture in this state unless the person:&nbsp;</span></p> <p><span class="cls0">1. Is twenty-one (21) years of age or over and is of good moral character;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Has paid to the Board a fee as prescribed by the rules of the Board plus the actual cost of the examination; and&nbsp;</span></p> <p><span class="cls0">5. Has passed the examinations prescribed by the Board for the issuance of a license.&nbsp;</span></p> <p><span class="cls0">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 Board shall issue to the applicant a license which shall authorize the applicant to engage in the practice of architecture in this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The license certificate shall be in a form prescribed by the Board. The certificate shall be signed by the chair 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 350, &sect; 11, emerg. eff. April 16, 1947. Amended by Laws 1980, c. 314, &sect; 9, eff. July 1, 1980; Laws 1981, c. 320, &sect; 3; Laws 1983, c. 21, &sect; 1, operative July 1, 1983; Laws 1986, c. 154, &sect; 5, eff. July 1, 1986; Laws 1986, c. 287, &sect; 12, operative July 1, 1986. Renumbered from Title 59, &sect; 45.11, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 15, eff. July 1, 1998; Laws 2006, c. 163, &sect; 18, eff. July 1, 2006; Laws 2009, c. 184, &sect; 16, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.25. Seal of architect.&nbsp;</span></p> <p><span class="cls0">Each licensed architect shall have a seal, the image of which must contain the name of the architect, the person&rsquo;s license number and the words, &ldquo;Licensed Architect, State of Oklahoma&rdquo;.&nbsp;</span></p> <p><span class="cls0">All technical submissions prepared by such architect, or under the responsible control of the architect, shall be sealed, signed and dated, 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 licensed architect may sign or seal technical submissions unless they were prepared by or under the responsible control of the architect; except that:&nbsp;</span></p> <p><span class="cls0">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 licensed under the State Architectural and Registered Interior Designers 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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 353, &sect; 19, emerg. eff. April 16, 1947. Amended by Laws 1986, c. 287, &sect; 19, operative July 1, 1986. Renumbered from &sect; 45.19 of this title by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 16, eff. July 1, 1998; Laws 2006, c. 163, &sect; 19, eff. July 1, 2006; Laws 2006, c. 193, &sect; 7, eff. July 1, 2006; Laws 2009, c. 184, &sect; 17, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;5946.26. Acceptance of compensation from other than client Unlawful.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 354, &sect; 20. Renumbered from &sect; 45.20 by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;5946.27. Prohibition against bidding as a contractor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 354, &sect; 21, emerg. eff. May 20, 1941. Renumbered from &sect; 45.21 of this title by Laws 1986, c. 287, &sect; 32, operative July 1, 1986.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.28. Scope of act.&nbsp;</span></p> <p><span class="cls0">The State Architectural and Registered Interior Designers Act shall not require the registration of practitioners of the following professions and occupations to practice landscape architecture:&nbsp;</span></p> <p><span class="cls0">1. A professional civil engineer, as defined in Section 475.2 of this title, certified to practice the profession in this state under any act to regulate the practice of that profession. Nothing contained in the State Architectural and Registered Interior Designers Act shall be construed as precluding an architect or engineer from performing services included within the definition of &ldquo;landscape architecture&rdquo; when incidental to the performance of his normal practice as an architect or engineer;&nbsp;</span></p> <p><span class="cls0">2. A landscape contractor building or installing what was designed by a landscape architect;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Persons who act under the supervision of a licensed 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. Persons other than landscape architects who prepare details and shop drawings for use in connection with the execution of their work;&nbsp;</span></p> <p><span class="cls0">8. Builders or their superintendents in the supervision of landscape architectural projects; and&nbsp;</span></p> <p><span class="cls0">9. Persons in the occupations set forth in this section shall not use the title &ldquo;landscape architect&rdquo; or hold themselves out to practice &ldquo;landscape architecture&rdquo; without complying with the provisions of the State Architectural and Registered Interior Designers Act and the rules of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 14, eff. July 1, 1980. Amended by Laws 1986, c. 287, &sect; 20, operative July 1, 1986. Renumbered from Title 59, &sect; 45.27, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 2005, c. 77, &sect; 2, eff. July 1, 2005; Laws 2006, c. 163, &sect; 20, eff. July 1, 2006; Laws 2009, c. 184, &sect; 18, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.29. Landscape architecture license required.&nbsp;</span></p> <p><span class="cls0">No person shall practice landscape architecture in this state, or use the title &ldquo;landscape architect&rdquo; 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 license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 16, eff. July 1, 1980. Amended by Laws 1986, c. 154, &sect; 11, eff. July 1, 1986. Renumbered from Title 59, &sect; 45.29, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 2006, c. 163, &sect; 21, eff. July 1, 2006. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.30. Licensing of landscape architects - Certificate of qualification.&nbsp;</span></p> <p><span class="cls0">The Board shall license, as a landscape architect, each applicant who demonstrates to the satisfaction of the Board his or her fitness for such license as provided in this act.&nbsp;</span></p> <p><span class="cls0">The Board shall issue to each individual licensed a certificate of qualification and the right to use the title &ldquo;landscape architect&rdquo;, and to practice landscape architecture in the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 18, eff. July 1, 1980. Amended by Laws 1986, c. 154, &sect; 13, eff. July 1, 1986. Renumbered from Title 59, &sect; 45.31, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 2006, c. 163, &sect; 22, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.31. Examination of landscape architects - License certificate - Issuance of license without examination.&nbsp;</span></p> <p><span class="cls0">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 and Registered Interior Designers Act and the rules of the Board, upon the payment to the Board 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.&nbsp;</span></p> <p><span class="cls0">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) or its successor. 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 and knowledge of material which is 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, subject to the rules of the Board. Applicants for readmittance to the examination shall pay the full examination fee for each testing.&nbsp;</span></p> <p><span class="cls0">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 Board shall issue to the applicant a license certificate which shall authorize the person to engage in the practice of landscape architecture in this state.&nbsp;</span></p> <p><span class="cls0">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 this act and rules of the Board, the secretary-treasurer, in the exercise of his or her discretion, or upon the order of the Board and upon the receipt of the stated fee by the Board, shall issue to the person a license to practice landscape architecture in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 19, eff. July 1, 1980. Amended by Laws 1986, c. 154, &sect; 14, eff. July 1, 1986; Laws 1986, c. 287, &sect; 21, operative July 1, 1986. Renumbered from &sect; 45.32 of this title by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 17, eff. July 1, 1998; Laws 2006, c. 163, &sect; 23, eff. July 1, 2006; Laws 2006, c. 193, &sect; 8, eff. July 1, 2006; Laws 2009, c. 184, &sect; 19, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.32. Practice of landscape architecture - Not transferable.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 21, eff. July 1, 1980. Amended by Laws 1986, c. 154, &sect; 15, eff. July 1, 1986. Renumbered from Title 59, &sect; 45.34, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 18, eff. July 1, 1998; Laws 2006, c. 163, &sect; 24, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.33. Restoration of license - Application.&nbsp;</span></p> <p><span class="cls0">The Board may restore a license to any person whose license has lapsed or has been revoked or suspended. Application for the reissuance of a license and fees shall be made in such manner as the Board may direct.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 27, eff. July 1, 1980. Amended by Laws 1986, c. 154, &sect; 20, eff. July 1, 1986; Laws 1986, c. 287, &sect; 23, operative July 1, 1986. Renumbered from Title 59, &sect; 45.40, by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 2006, c. 163, &sect; 25, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.34. Seal of landscape architect.&nbsp;</span></p> <p><span class="cls0">A. Each licensed landscape architect shall have a seal, the image of which shall contain the name of the landscape architect, the person's license number and the words, &ldquo;Licensed Landscape Architect, State of Oklahoma&rdquo;. All technical submissions prepared by such landscape architect, or under the responsible control of the landscape architect, shall be sealed, signed and dated, which shall mean that the landscape 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 licensed landscape architect may sign or seal technical submissions unless they were prepared by or under the responsible control of the landscape architect, except that:&nbsp;</span></p> <p><span class="cls0">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 licensed under the State Architectural and Registered Interior Designers Act if the landscape 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&nbsp;</span></p> <p><span class="cls0">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 a landscape architect if the landscape 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.&nbsp;</span></p> <p><span class="cls0">B. All drawings, specifications, plans, reports or other papers or documents involving the practice of landscape architecture, shall be dated and bear the signature and seal of the landscape architect or landscape architects who prepared or approved them. It is permissible to only sign, seal and date documents on the first sheet of bound sets of drawings, with index of drawings included, title page of specifications, and other drawings and contract documents in a manner consistent with this act and rules of the Board.&nbsp;</span></p> <p><span class="cls0">C. The seal, signature and date 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 the other subsections of this section.&nbsp;</span></p> <p><span class="cls0">D. The license of a landscape architect shall not permit the practice of architecture, engineering or land surveying, except that which is incidental to the practice of landscape architecture. No landscape architect shall permit his or her seal to be affixed to any plans, specifications or drawings if such portions thereof as are involved in the practice of his or her particular profession were not prepared by or under the landscape architect's personal and direct supervision by a regularly employed subordinate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 28, eff. July 1, 1980. Amended by Laws 1986, c. 154, &sect; 21, eff. July 1, 1986; Laws 1986, c. 287, &sect; 24, operative July 1, 1986. Renumbered from &sect; 45.41 of this title by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 2006, c. 163, &sect; 26, eff. July 1, 2006; Laws 2006, c. 193, &sect; 9, eff. July 1, 2006; Laws 2009, c. 184, &sect; 20, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;5946.35. Unlawful compensation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1980, c. 314, &sect; 30, eff. July 1, 1980. Renumbered from &sect; 45.43 by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;59-46.36. Unlawful bid for construction project.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 314, &sect; 31, eff. July 1, 1980. Renumbered from &sect; 45.44 of this title by Laws 1986, c. 287, &sect; 32, operative July 1, 1986. Amended by Laws 1998, c. 220, &sect; 19, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.37. Repealed by Laws 2006, c. 163, &sect; 31, eff. July 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;59-46.38. Registration of interior designers - Effective date - Qualifications - Reciprocity - Certificate of title - Term of registration or certificate.&nbsp;</span></p> <p><span class="cls0">A. On July 1, 2007, the effective date of registration of interior designers begins.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided in the State Architectural and Registered Interior Designers Act, no registration shall be issued to any person to represent that the person is a &ldquo;registered interior designer&rdquo; nor shall any person be allowed to use the term unless the person pays to the Board the required fees and/or penalties if applicable as established by the rules of the Board and:&nbsp;</span></p> <p><span class="cls0">1. Holds an accredited professional degree in interior design from an interior design program accredited by the Foundation for Interior Design Education Research, or its successor, or from an interior design program determined by the Board to be substantially equivalent to an accredited program;&nbsp;</span></p> <p><span class="cls0">2. Provides proof of a minimum of two (2) years of full-time diversified and appropriate experience within established standards as the Board shall prescribe; and&nbsp;</span></p> <p><span class="cls0">3. Provides to the Board proof of passage of the examination administered by the National Council for Interior Design Qualification or its successor.&nbsp;</span></p> <p><span class="cls0">C. The Board may waive the requirements of the State Architectural and Registered Interior Designers Act for an individual who holds a current valid registration from another state, jurisdiction or foreign country where the requirements for registration are substantially equivalent to those required for registration in this state and pays the required fees and/or penalties, if applicable, to the Board.&nbsp;</span></p> <p><span class="cls0">D. This section does not apply to a person licensed to practice architecture pursuant to the laws of this state.&nbsp;</span></p> <p><span class="cls0">E. Nothing in this act shall be construed to authorize the board to regulate persons who are rendering interior design services and are not a registered interior designer under the provisions of this act or to adopt regulations that would exceed the powers and responsibilities expressly authorized under this act.&nbsp;</span></p> <p><span class="cls0">F. Certificate of title shall be subject to the following:&nbsp;</span></p> <p><span class="cls0">1. The use of the title &ldquo;Registered Interior Designer&rdquo; by a partnership, firm, association, corporation, limited liability company or limited liability partnership is allowed to those entities listed, provided:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one or more of the directors, partners, officers, shareholders, members, managers, or principals is a registered interior designer and is in good standing with the Board, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of title by the Board;&nbsp;</span></p> <p><span class="cls0">2. The Board shall have the power to issue, revoke, deny or refuse to renew a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in this act;&nbsp;</span></p> <p><span class="cls0">3. A partnership, firm, association, corporation, limited liability company or limited liability partnership shall file with the Board an application for a certificate of title on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all directors, partners, officers, shareholders, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership. In the event there shall be a change in any of these persons during the term of certification, the change shall be filed with the Board within thirty (30) days after the effective date of the change. If all the requirements of this section and the Board&rsquo;s current rules have been met, the Board shall issue a certificate of title to the partnership, firm, association, corporation, limited liability company or limited liability partnership;&nbsp;</span></p> <p><span class="cls0">4. The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established the words &ldquo;Registered Interior Designer&rdquo; or any modification or derivation of these words, unless the Board has issued for the applicant either a certificate of title for an entity, or a letter indicating the eligibility for an exemption pursuant to the requirements of this act. The firm applying shall supply the certificate of title or letter from the Board with its application for incorporation or registration;&nbsp;</span></p> <p><span class="cls0">5. The Secretary of State shall not register any trade name or service mark which includes such words as set forth in paragraph 4 of this subsection, or modification or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of title issued under the provisions of this section or letters of eligibility issued by the Board; and&nbsp;</span></p> <p><span class="cls0">6. Upon application for renewal and upon compliance with the provisions of this act and the rules of the Board, a certificate of title shall be renewed as provided by this act.&nbsp;</span></p> <p><span class="cls0">G. No registration for registered interior designers or a certificate of title 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 registration or certificate of title 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. The registration for registered interior designers shall begin July 1, 2007, and shall end June 30, 2009, unless renewed every two (2) years thereafter. A new registration to replace a lost, destroyed or mutilated registration shall be issued by the Board upon payment of a fee established in accordance with the rules of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 163, &sect; 27, eff. July 1, 2006. Amended by Laws 2006, c. 193, &sect; 10, eff. July 1, 2006; Laws 2009, c. 184, &sect; 21, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-46.39. Alternative requirements for interior designer registration.&nbsp;</span></p> <p><span class="cls0">Any person who applies to become a registered interior designer and remits the application and initial fees within two (2) years after July 1, 2007, shall be registered by the Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers if:&nbsp;</span></p> <p><span class="cls0">1. In lieu of the requirement of an accredited professional degree, an applicant demonstrates, in accordance with such standards and requirements as the Board adopts by rule, that the applicant has the interior design education that the Board deems equivalent to an accredited professional degree in interior design and the applicant has passed the examination of the National Council for Interior Design Qualification, or its successor;&nbsp;</span></p> <p><span class="cls0">2. In lieu of the requirement of any professional degree, an applicant may provide documented proof of diversified and appropriate experience in the practice of interior design for a period of six (6) years and the applicant has passed the examination of the National Council for Interior Design Qualification, or its successor; or&nbsp;</span></p> <p><span class="cls0">3. The applicant is a licensed architect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 163, &sect; 28, eff. July 1, 2006. Amended by Laws 2009, c. 184, &sect; 22, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.40. Waiver of educational and examination requirements for interior designer registration - Licensed architect granted use of interior design term.&nbsp;</span></p> <p><span class="cls0">A. The Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma may waive the educational and examination requirements of the State Architectural and Registered Interior Designers Act for persons with diversified and appropriate experience in the practice of interior design for a period of fifteen (15) years prior to July 1, 2007, if the person is not registered under the State Architectural and Registered Interior Designers Act and not exempt from the requirement for registration in order to use the title &ldquo;Registered Interior Designer&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The State Architectural and Registered Interior Designers Act shall not be construed to prohibit or interfere with the ability of a licensed architect to perform those activities that are associated with his or her practice as provided under the provisions of the State Architectural and Registered Interior Designers Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 163, &sect; 29, eff. July 1, 2006. Amended by Laws 2007, c. 50, &sect; 2, emerg. eff. April 24, 2007; Laws 2009, c. 184, &sect; 23, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-46.41. Unlawful use of interior designer title.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person or entity to use the title &ldquo;Registered Interior Designer&rdquo; or any other derivation of these words to indicate that the person or entity is registered under the provisions of this act, if the person is not registered under this act and not exempt from the requirement for registration.&nbsp;</span></p> <p><span class="cls0">B. Any person who, for a fee or other direct compensation, holds himself or herself out as a registered interior designer, advertises, puts out any sign, card or drawings in this state designating himself or herself as a &ldquo;Registered Interior Designer&rdquo; or uses some form of the term in the title of a profession or business without first having complied with the provisions of the State Architectural and Registered Interior Designers Act shall be deemed guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 163, &sect; 30, eff. July 1, 2007. Amended by Laws 2006, c. 193, &sect; 11, eff. July 1, 2007; Laws 2009, c. 184, &sect; 24, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-61.1. Rules - Powers of State Board of Cosmetology and Barbering - Suspension, revocation or refusal to issue or renew license.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of Section 61.4 of this title, the State Board of Cosmetology and Barbering 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.&nbsp;</span></p> <p><span class="cls0">B. Except as provided in subsection B of Section 61.4 of this title, the State Board of Cosmetology and Barbering shall have the power and duty 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.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Cosmetology and Barbering may suspend, revoke, or refuse to issue or renew any barber, barber instructor, barber apprentice, or barber college license for:&nbsp;</span></p> <p><span class="cls0">1. Unsanitary operating practices or unsanitary conditions of barber shops or barber colleges;&nbsp;</span></p> <p><span class="cls0">2. Unsanitary practices of barbers, apprentice barbers, or barber instructors;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. Employment of an unlicensed person as a barber, barber apprentice, or barber instructor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 183, &sect; 1, eff. July 1, 1985. Amended by Laws 1992, c. 87, &sect; 1, eff. July 1, 1992; Laws 1996, c. 318, &sect; 4, eff. July 1, 1996; Laws 2002, c. 93, &sect; 1, eff. Nov. 1, 2002; Laws 2013, c. 229, &sect; 81, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-61.2. License fees.&nbsp;</span></p> <p><span class="cls0">Fees for licenses issued by the State Board of Cosmetology and Barbering to practice barbering as adopted by the Board pursuant to Section 1-106.1 of Title 63 of the Oklahoma Statutes shall not be less than:&nbsp;</span></p> <p><span class="cls0">Barber College&nbsp;&nbsp;$200.00 per year&nbsp;</span></p> <p><span class="cls0">Barber Apprentice&nbsp;&nbsp;$10.00 per year&nbsp;</span></p> <p><span class="cls0">Barber Examination Fee&nbsp;&nbsp;$35.00 per exam&nbsp;</span></p> <p><span class="cls0">Barber Instructor License Fee&nbsp;&nbsp;$50.00 per year&nbsp;</span></p> <p><span class="cls0">Barber Instructor Examination Fee&nbsp;&nbsp;$50.00 per year&nbsp;</span></p> <p><span class="cls0">Barber License Fee&nbsp;&nbsp;$25.00 per year&nbsp;</span></p> <p><span class="cls0">Barber License Renewal after Expiration&nbsp;&nbsp;$50.00 per year&nbsp;</span></p> <p class="cls4"><span class="cls0">Barber Instructor License Renewal After Expiration&nbsp;&nbsp;$75.00 per year&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 183, &sect; 2, eff. July 1, 1985. Amended by Laws 1992, c. 87, &sect; 2, eff. July 1, 1992; Laws 2013, c. 229, &sect; 82, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-61.3. Oklahoma Cosmetology and Barbering Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Board of Cosmetology and Barbering, to be designated the "Oklahoma Cosmetology and Barbering 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 Cosmetology and Barbering Fund. All property, records, and any outstanding financial obligations and encumbrances of the State Board of Barber Examiners are hereby transferred to the State Board of Cosmetology and Barbering.&nbsp;</span></p> <p><span class="cls0">All personnel of the State Board of Barber Examiners shall be transferred to the State Board of Cosmetology and Barbering at the same salary such personnel is receiving on June 30, 1985.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 183, &sect; 3, eff. July 1, 1985. Amended by Laws 2013, c. 229, &sect; 83, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-61.4. Repealed by Laws 2013, c. 229, &sect; 99, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;5961.5. Practice of barbering defined.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1931, p. 38, &sect; 10. Renumbered from &sect; 70 by Laws 1985, c. 183, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;5961.6. Board of Barber Examiners - Licenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1931, p. 38, &sect; 9; Laws 1937, p. 53, &sect; 1. Renumbered from &sect; 69 by Laws 1985, c. 183, &sect; 5. Amended by Laws 1992, c. 87, &sect; 3, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-89.1. Repealed by Laws 1985, c. 183, &sect; 6, eff. July 1, 1985.&nbsp;</span></p> <p><span class="cls0">&sect;59-89.2. Repealed by Laws 1985, c. 183, &sect; 6, eff. July 1, 1985.&nbsp;</span></p> <p><span class="cls0">&sect;59-89.3. Repealed by Laws 1985, c. 183, &sect; 6, eff. July 1, 1985.&nbsp;</span></p> <p><span class="cls0">&sect;59135.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 135.1 through 160.2 of this title shall be known and may be cited as the "Podiatric Medicine Practice Act".&nbsp;</span></p> <p><span class="cls0">Laws 1983, c. 138, &sect; 1, operative July 1, 1983; Laws 1993, c. 150, &sect; 1, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59136. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Podiatric Medicine Practice Act, these words, phrases or terms, unless the context otherwise indicates, shall have the following meanings:&nbsp;</span></p> <p><span class="cls0">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.;&nbsp;</span></p> <p><span class="cls0">2. "Board" means the Board of Podiatric Medical Examiners;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1955, p. 308, &sect; 1, emerg. eff. May 23, 1955; Laws 1983, c. 138, &sect; 2, operative July 1, 1983; Laws 1993, c. 150, &sect; 2, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-137. Board of Podiatric Medical Examiners - Membership - Qualifications - Terms - Removal.&nbsp;</span></p> <p><span class="cls0">A. A Board of Podiatric Medical Examiners is hereby recreated, to continue until July 1, 2015, 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 podiatric physicians licensed to practice podiatric medicine in this state and one lay member representing the public.&nbsp;</span></p> <p><span class="cls0">B. Each podiatric physician member of the Board shall:&nbsp;</span></p> <p><span class="cls0">1. Be a legal resident of this state;&nbsp;</span></p> <p><span class="cls0">2. Have practiced podiatric medicine continuously in this state during the three (3) years immediately preceding his appointment to the Board;&nbsp;</span></p> <p><span class="cls0">3. Be free of pending disciplinary action or active investigation by the Board; and&nbsp;</span></p> <p><span class="cls0">4. Be a member in good standing of the American Podiatric Medical Association and of the Oklahoma Podiatric Medical Association.&nbsp;</span></p> <p><span class="cls0">C. The lay member of the Board shall:&nbsp;</span></p> <p><span class="cls0">1. Be a legal resident of this state;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. Participate in Board proceedings only for the purposes of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;reviewing, investigating and disposing of written complaints regarding the conduct of podiatric physicians; and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;formulating, adopting and promulgating rules pursuant to Article I of the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. A member may be removed from the Board by the Governor for cause which shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Ceasing to be qualified;&nbsp;</span></p> <p><span class="cls0">2. Being found guilty by a court of competent jurisdiction of a felony or of any offense involving moral turpitude;&nbsp;</span></p> <p><span class="cls0">3. Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in relation to his Board duties;&nbsp;</span></p> <p><span class="cls0">4. Being found mentally incompetent by a court of competent jurisdiction;&nbsp;</span></p> <p><span class="cls0">5. Being found in violation of any provision of the Podiatric Medicine Practice Act; or&nbsp;</span></p> <p><span class="cls0">6. Failing to attend three consecutive meetings of the Board without just cause, as determined by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 308, &sect; 2, emerg. eff. May 23, 1955. Amended by Laws 1983, c. 138, &sect; 3, operative July 1, 1983; Laws 1988, c. 225, &sect; 7; Laws 1993, c. 150, &sect; 3, eff. Sept. 1, 1993; Laws 1999, c. 20, &sect; 1; Laws 2005, c. 27, &sect; 1; Laws 2011, c. 45, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 4, &sect; 1 repealed by Laws 1993, c. 360, &sect; 17, eff. Sept. 1, 1993.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59138. Application of act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 308, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;59-139. Board of Podiatric Medical Examiners - Organization - Meetings - Compliance with other acts - Bonding -&nbsp;</span></p> <p><span class="cls0">Tort claims.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 308, &sect; 4. Amended by Laws 1997, c. 222, &sect; 1, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59140. Employees of Board Prosecutions Materials and supplies Bonds Seal.&nbsp;</span></p> <p><span class="cls0">The Board of Podiatric Medical Examiners may:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Require fidelity bonds of those it employs; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1955, p. 309, &sect; 5, emerg. eff. May 23, 1955; Laws 1993, c. 150, &sect; 4, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59141. Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Board of Podiatric Medical Examiners shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Regulate the practice of podiatric medicine;&nbsp;</span></p> <p><span class="cls0">2. Promulgate the rules that may be necessary to implement and enforce the Podiatric Medicine Practice Act;&nbsp;</span></p> <p><span class="cls0">3. Set license and examination fees required by the Podiatric Medicine Practice Act;&nbsp;</span></p> <p><span class="cls0">4. Receive fees and deposit said fees with the State Treasurer in the Board of Podiatric Medical Examiners' Revolving Fund;&nbsp;</span></p> <p><span class="cls0">5. Issue, renew, revoke, deny, and suspend licenses to practice podiatric medicine;&nbsp;</span></p> <p><span class="cls0">6. Examine all qualified applicants for licenses to practice podiatric medicine;&nbsp;</span></p> <p><span class="cls0">7. Investigate complaints and hold hearings;&nbsp;</span></p> <p><span class="cls0">8. Adopt and establish rules of professional conduct, which shall apply to every person who practices podiatric medicine in this state;&nbsp;</span></p> <p><span class="cls0">9. Set educational requirements for licensure; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1955, p. 309, &sect; 6, emerg. eff. May 23, 1955; Laws 1983, c. 138, &sect; 4, operative July 1, 1983; Laws 1993, c. 150, &sect; 5, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-142. Acts constituting practice of podiatric medicine - Exceptions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Any one or more of the following shall be deemed to be practicing podiatric medicine:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Massage or adjustment in connection with such examining, diagnosing, recommending, prescribing, treating, or caring for;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The provisions of the Podiatric Medicine Practice Act shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. The sale of proprietary or patented foot remedies, pads, supports or corrective shoes;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. A person providing services or assistance in case of an emergency if no fee or other consideration is contemplated, charged, or received; or&nbsp;</span></p> <p><span class="cls0">4. Any person who is licensed to practice podiatric medicine in another state or territory of the United States whose sole purpose and activity in this state is to practice podiatric medicine and surgery with a specific podiatrist who is licensed to practice podiatric medicine by the Board, excluding a podiatrist with a temporary or restricted license. The length of such person&rsquo;s practice in this state shall be limited to four (4) weeks per year and shall be limited to training purposes. The scope of the training shall not exceed that allowed by Oklahoma law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 310, &sect; 7, emerg. eff. May 23, 1955. Amended by Laws 1993, c. 150, &sect; 6, eff. Sept. 1, 1993; Laws 1994, c. 105, &sect; 1, eff. Sept. 1, 1994; Laws 2009, c. 261, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59143. Unlawful practices Penalty.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. A podiatric physician to practice as such at any time when his license is not conspicuously displayed in his place of regular practice;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. Any podiatric physician to violate any provision of the Podiatric Medicine Practice Act or the rules of the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1955, p. 311, &sect; 8, emerg. eff. May 23, 1955; Laws 1993, c. 150, &sect; 7, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-144. Examination - Fee - Qualifications of applicants - License - Temporary license.&nbsp;</span></p> <p><span class="cls0">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. The Board may utilize the National Board of Podiatric Examiners' National Board Examination Part III as the written portion of the state licensing exam.&nbsp;</span></p> <p><span class="cls0">B. To be entitled to take the examination, a person shall:&nbsp;</span></p> <p><span class="cls0">1. File a written application on a form prescribed by the Board;&nbsp;</span></p> <p><span class="cls0">2. Pay to the secretary-treasurer of the Board in advance the fee for examination;&nbsp;</span></p> <p><span class="cls0">3. Satisfy the Board that the person is loyal to the United States of America;&nbsp;</span></p> <p><span class="cls0">4. Be more than twenty-one (21) years of age;&nbsp;</span></p> <p><span class="cls0">5. Be of good moral character;&nbsp;</span></p> <p><span class="cls0">6. Not have been finally convicted of any crime involving moral turpitude or of any felony;&nbsp;</span></p> <p><span class="cls0">7. Be free from contagious or infectious disease;&nbsp;</span></p> <p><span class="cls0">8. Be a graduate of an accredited college of podiatric medicine; and&nbsp;</span></p> <p><span class="cls0">9. Have complied with applicable Board rules.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Takes the examination administered or approved 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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The examination administered or approved 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.&nbsp;</span></p> <p><span class="cls0">E. The Board may issue a temporary license if the applicant:&nbsp;</span></p> <p><span class="cls0">1. Has met the requirements of subsection B of this section;&nbsp;</span></p> <p><span class="cls0">2. Takes the examination administered or approved 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;&nbsp;</span></p> <p><span class="cls0">3. Is within ninety (90) days of completing or has completed 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&nbsp;</span></p> <p><span class="cls0">4. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 311, &sect; 9, emerg. eff. May 23, 1955. Amended by Laws 1990, c. 163, &sect; 1, eff. Sept. 1, 1990; Laws 1993, c. 150, &sect; 8, eff. Sept. 1, 1993; Laws 2002, c. 118, &sect; 1, eff. Nov. 1, 2002; Laws 2008, c. 149, &sect; 1, emerg. eff. May 12, 2008; Laws 2013, c. 185, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-144.1. Training license - Eligibility - Restrictions.&nbsp;</span></p> <p><span class="cls0">A. No person who is granted a training license shall practice outside the limitations of the license.&nbsp;</span></p> <p><span class="cls0">B. To be eligible for training licensure, the applicant shall have completed all the requirements for full and unrestricted licensure except graduate education and/or licensing examination or other requirements relative to the basis for the training license.&nbsp;</span></p> <p><span class="cls0">C. By rule, the Board of Podiatric Medical Examiners shall establish restrictions for training licensure to assure that the holder will practice only under appropriate circumstances as set by the Board.&nbsp;</span></p> <p><span class="cls0">D. A training license shall be renewable annually upon the approval of the Board and upon the evaluation of performance in the special circumstances upon which the training license was granted.&nbsp;</span></p> <p><span class="cls0">E. The issuance of a training license shall not be construed to imply that a full and unrestricted license to practice podiatric medicine will be issued at a future date.&nbsp;</span></p> <p><span class="cls0">F. All other provisions of the Podiatric Medicine Practice Act shall apply to the holders of training licenses.&nbsp;</span></p> <p><span class="cls0">G. This section shall not limit the authority of any state agency or educational institution in this state which employs a training licensed podiatric physician to impose additional practice limitations upon such podiatric physician.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 185, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-145. Renewal of licenses - Fees - Suspension on nonpayment - Reinstatement - Records.&nbsp;</span></p> <p><span class="cls0">A. Each license to practice podiatric medicine shall be renewed by June 30 of even-numbered years. Such license shall entitle the licensee to practice podiatric medicine in this state as defined by law and to hold himself/herself out as a licensed podiatric physician, doctor of podiatric medicine or podiatrist as long as lawfully renewed, unless suspended or revoked as authorized by law.&nbsp;</span></p> <p><span class="cls0">B. Upon application and payment of required fees, and upon first satisfying the Board of Podiatric Medical Examiners that the licensee is not at the time violating any applicable law or any of the rules of the Board or the Code of Ethics, and upon showing proof of compliance with Section 145.1 of this title, a licensee shall be entitled to have his/her license to practice podiatric medicine renewed until June 30 of the following even-numbered year.&nbsp;</span></p> <p><span class="cls0">C. A license not renewed in the time and manner required by this section shall become inactive and the licensee may not practice as a licensed podiatric physician, doctor of podiatric medicine or podiatrist. The license may be renewed on or before September 30 following the June 30 deadline by payment of the delinquent renewal fee upon satisfying the Board of compliance with subsection B of this section. After that September 30 and on or before the close of June 30 of the next even-numbered year, the license may be reinstated upon satisfying the Board of compliance with subsection B of this section and upon the payment first of the delinquent renewal fee, plus such additional penalty as the Board imposes, not to exceed in all four times the delinquent fee. Any license to practice podiatric medicine not reinstated in such time shall become void at the close of June 30 of the next even-numbered year; and thereafter it shall not be renewed or reinstated.&nbsp;</span></p> <p><span class="cls0">D. The renewal fee shall be such sum as the Board from time to time sets. Upon the timely payment of the renewal fee or the reinstatement fee, as the case may be, the secretary-treasurer of the Board shall provide to the licensee such certificate of renewal or reinstatement as the Board shall direct, which shall operate to renew or reinstate the license, as the case may be, until June 30 of the next even-numbered year, after which it must be renewed again or be reinstated in the same time and manner to continue to be effective.&nbsp;</span></p> <p><span class="cls0">E. The secretary-treasurer of the Board shall keep a license record showing each license issued by the Board, the name and last mailing address furnished to said secretary-treasurer 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 secretary-treasurer 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 312, &sect; 10, emerg. eff. May 23, 1955. Amended by Laws 1979, c. 81, &sect; 1; Laws 1993, c. 150, &sect; 9, eff. Sept. 1, 1993; Laws 2013, c. 185, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-145.1. Continuing education requirement for renewal of license - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. Sixty (60) 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 two-year period immediately preceding the two-year period for which the license is to be issued. The continuing education required by this section shall be any of the following:&nbsp;</span></p> <p><span class="cls0">1. Education presented by an organization approved by the Council on Continuing Education of the American Podiatric Medical Association;&nbsp;</span></p> <p><span class="cls0">2. A national, state or county podiatric medical association meeting approved by the Board of Podiatric Medical Examiners;&nbsp;</span></p> <p><span class="cls0">3. Hospital-sponsored scientific programs approved by the Board; or&nbsp;</span></p> <p><span class="cls0">4. Six (6) hours of continuing education credit may be obtained by attending meetings and hearings of the Board.&nbsp;</span></p> <p><span class="cls0">At least thirty (30) hours of the required sixty (60) hours must be obtained in this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 81, &sect; 2. Amended by Laws 1993, c. 150, &sect; 10, eff. Sept. 1, 1993; Laws 2013, c. 185, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-146. Repealed by Laws 1990, c. 163, &sect; 7, eff. Sept. 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;59-147. Penalties - Guidelines.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Disapproval of an application for a renewal license;&nbsp;</span></p> <p><span class="cls0">2. Suspension of a license issued by the Board for a maximum period of three (3) years;&nbsp;</span></p> <p><span class="cls0">3. Revocation of a license issued by the Board;&nbsp;</span></p> <p><span class="cls0">4. An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation;&nbsp;</span></p> <p><span class="cls0">5. A censure or reprimand;&nbsp;</span></p> <p><span class="cls0">6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;&nbsp;</span></p> <p><span class="cls0">7. Restriction of the practice of a podiatric physician under such terms and conditions as deemed appropriate by the Board; and&nbsp;</span></p> <p><span class="cls0">8. Payment of costs associated with a disciplinary proceeding.&nbsp;</span></p> <p><span class="cls0">B. The Board may, by rule, establish guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include:&nbsp;</span></p> <p><span class="cls0">1. Minimum and maximum administrative fines;&nbsp;</span></p> <p><span class="cls0">2. Periods of suspension, probation or supervision;&nbsp;</span></p> <p><span class="cls0">3. Terms and conditions of probation; and&nbsp;</span></p> <p><span class="cls0">4. Terms and conditions for the reinstatement of a license.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 313, &sect; 12, emerg. eff. May 23, 1955. Amended by Laws 1993, c. 150, &sect; 11, eff. Sept. 1, 1993; Laws 1997, c. 222, &sect; 2, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-148. Violations.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Willfully making a false and material statement to the Board, either before or after the issuance of a license;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Practicing podiatric medicine in an unsafe or unsanitary manner or place;&nbsp;</span></p> <p><span class="cls0">9. Performing, or attempting to perform, any surgery for which the licensee has not had reasonable training;&nbsp;</span></p> <p><span class="cls0">10. Gross and willful neglect of duty as a member or officer of the Board;&nbsp;</span></p> <p><span class="cls0">11. Dividing with any person, firm, corporation, or other legal entity any fee or other compensation for services as a podiatric physician, except with:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;another podiatric physician,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">12. Violating or attempting to violate the provisions of the Podiatric Medicine Practice Act, the Code of Ethics, or the rules of the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 314, &sect; 13, emerg. eff. May 23, 1955. Amended by Laws 1993, c. 150, &sect; 12, eff. Sept. 1, 1993; Laws 1997, c. 222, &sect; 3, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-149. Complaint.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 315, &sect; 14. Amended by Laws 1997, c. 222, &sect; 4, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-150. Repealed by Laws 1997, c. 222, &sect; 8, eff. Nov. 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;59152. Reciprocity Fees.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1955, p. 316, &sect; 17, emerg. eff. May 23, 1955; Laws 1993, c. 150, &sect; 13, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-154. Board of Podiatric Medical Examiners' Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 316, &sect; 19, emerg. eff. May 23, 1955. Amended by Laws 1983, c. 138, &sect; 7, operative July 1, 1983; Laws 1993, c. 150, &sect; 14, eff. Sept. 1, 1993; Laws 2012, c. 304, &sect; 260.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-155. Investigations and hearings.&nbsp;</span></p> <p><span class="cls0">The Board of Podiatric Medical Examiners shall:&nbsp;</span></p> <p><span class="cls0">1. Conduct investigations of complaints against podiatric physicians filed with the Board pursuant to Section 149 of this title; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 316, &sect; 20. Amended by Laws 1997, c. 222, &sect; 5, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59156. Annual report.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 317, &sect; 21. &nbsp;</span></p> <p><span class="cls0">&sect;59158. Restraining orders and injunctions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 317, &sect; 23. &nbsp;</span></p> <p><span class="cls0">&sect;59159.1. Rules and regulations concerning casts for individual shoes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1983, c. 138, &sect; 6, operative July 1, 1983. &nbsp;</span></p> <p><span class="cls0">&sect;59159.2. Unlawful acts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1959, p. 224, &sect; 2; Laws 1993, c. 150, &sect; 15, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59159.4. Inapplicability to manufacture or sale to persons generally.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1959, p. 224, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;59159.5. Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1959, p. 224, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;59-160.1. Interpretation of "podiatry" and "podiatric medicine".&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 198, &sect; 1, emerg. eff. April 18, 1969. Amended by Laws 1993, c. 150, &sect; 16, eff. Sept. 1, 1993; Laws 1995, c. 207, &sect; 2, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59160.2. DPM Meaning.&nbsp;</span></p> <p><span class="cls0">The term DPM means Doctor of Podiatric Medicine.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1969, c. 198, &sect; 2, emerg. eff. April 18, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;59-161. Renumbered as Section 161.4 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-161.1. Short title.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 265, &sect; 1, eff. Oct. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-161.2. Scope of practice of chiropractic.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 265, &sect; 2, eff. Oct. 1, 1991. Amended by Laws 2000, c. 131, &sect; 1, eff. Nov. 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Chiropractic Practice Act, these words, phrases or terms, unless the context otherwise indicates, shall have the following meanings:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. "Animal chiropractic diagnosis and treatment" means treatment that includes vertebral subluxation complex (vsc) and spinal manipulation of nonhuman vertebrates. The term &ldquo;animal chiropractic diagnosis and treatment&rdquo; shall not be construed to allow the:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;use of x-rays,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;performing of surgery,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;dispensing or administering of medications, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;performance of traditional veterinary care;&nbsp;</span></p> <p><span class="cls0">3. "Applicant" means any person submitting an application for licensure to the Board;&nbsp;</span></p> <p><span class="cls0">4. "Board" means the Board of Chiropractic Examiners;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Certified chiropractic assistant&rdquo; means an unlicensed member of a chiropractic physician&rsquo;s team of healthcare workers who may assist a chiropractic physician in the performance of examination and therapeutic procedures and techniques necessary to deliver healthcare services to patients within the scope of chiropractic;&nbsp;</span></p> <p><span class="cls0">6. "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;&nbsp;</span></p> <p><span class="cls0">7. "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;&nbsp;</span></p> <p><span class="cls0">8. "Intern" means a student at an accredited chiropractic college who is participating in the Chiropractic Undergraduate Preceptorship Program;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Nonclinical&rdquo; means of a business nature including, but not limited to, practice management, insurance information, and computer information. It shall also mean the discussion of philosophy as it relates to the performance of chiropractic;&nbsp;</span></p> <p><span class="cls0">10. "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;&nbsp;</span></p> <p><span class="cls0">11. "Preceptor" means a chiropractic physician who is participating in the Chiropractic Undergraduate Preceptorship Program;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Relocation of practice&rdquo; 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&nbsp;</span></p> <p><span class="cls0">13. "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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 265, &sect; 3, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, &sect; 1, eff. Sept. 1, 1994; Laws 2000, c. 131, &sect; 2, eff. Nov. 1, 2000; Laws 2004, c. 269, &sect; 1, emerg. eff. May 6, 2004; Laws 2007, c. 363, &sect; 1, eff. Nov. 1, 2007; Laws 2011, c. 230, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.4. Board of Chiropractic Examiners.&nbsp;</span></p> <p><span class="cls0">A. A Board of Chiropractic Examiners is hereby re-created to continue until July 1, 2016, 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.&nbsp;</span></p> <p><span class="cls0">B. Each chiropractic physician member of the Board shall:&nbsp;</span></p> <p><span class="cls0">1. Be a legal resident of this state;&nbsp;</span></p> <p><span class="cls0">2. Have practiced chiropractic continuously in this state during the five (5) years immediately preceding appointment to the Board;&nbsp;</span></p> <p><span class="cls0">3. Be free of pending disciplinary action or active investigation by the Board;&nbsp;</span></p> <p><span class="cls0">4. Be a person of recognized professional ability, integrity and good reputation; and&nbsp;</span></p> <p><span class="cls0">5. Be in active clinical chiropractic practice at least fifty percent (50%) of the time.&nbsp;</span></p> <p><span class="cls0">C. The lay member of the Board shall:&nbsp;</span></p> <p><span class="cls0">1. Be a legal resident of this state; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The Governor shall appoint members to the Board and for terms of years as follows:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">9. Position 9: The lay member of the Board shall serve a term coterminous with that of the Governor.&nbsp;</span></p> <p><span class="cls0">E. For the purpose of the Oklahoma Chiropractic Practice Act, the state shall be divided into the following districts:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. District 2: Tulsa County;&nbsp;</span></p> <p><span class="cls0">3. District 3: Kay, Logan, Lincoln, Osage, Pawnee, Payne and Pottawatomie Counties;&nbsp;</span></p> <p><span class="cls0">4. District 4: Carter, Comanche, Cotton, Garvin, Grady, Love, Murray, Jefferson, Stephens and Tillman Counties;&nbsp;</span></p> <p><span class="cls0">5. District 5: Blaine, Canadian, Cleveland, Kingfisher, McClain and Oklahoma Counties;&nbsp;</span></p> <p><span class="cls0">6. District 6: Atoka, Bryan, Coal, Choctaw, Creek, Hughes, Johnston, Latimer, LeFlore, Marshall, McCurtain, Okfuskee, Pittsburg, Pontotoc, Pushmataha and Seminole Counties; and&nbsp;</span></p> <p><span class="cls0">7. District 7: Adair, Cherokee, Craig, Delaware, Haskell, Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers, Sequoyah, Wagoner and Washington Counties.&nbsp;</span></p> <p><span class="cls0">Members appointed after June 2002 shall serve no more than two (2) consecutive terms.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. A member may be removed from the Board by the Governor for cause which shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Ceasing to be qualified;&nbsp;</span></p> <p><span class="cls0">2. Being found guilty by a court of competent jurisdiction of a felony or any offense involving moral turpitude;&nbsp;</span></p> <p><span class="cls0">3. Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in relation to Board duties;&nbsp;</span></p> <p><span class="cls0">4. Being found mentally incompetent by a court of competent jurisdiction;&nbsp;</span></p> <p><span class="cls0">5. Being found in violation of any provision of the Oklahoma Chiropractic Practice Act; or&nbsp;</span></p> <p><span class="cls0">6. Failing to attend three meetings of the Board without just cause, as determined by the Board.&nbsp;</span></p> <p><span class="cls0">I. No member of the Board shall be:&nbsp;</span></p> <p><span class="cls0">1. A registered lobbyist;&nbsp;</span></p> <p><span class="cls0">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; or&nbsp;</span></p> <p><span class="cls0">3. An insurance claims adjuster, reviewer, or consultant; provided, however, a person shall not be considered to be a consultant solely for testifying in a court as an expert witness.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1921, c. 7, p. 12, &sect; 1. Amended by Laws 1982, c. 268, &sect; 1, emerg. eff. May 14, 1982; Laws 1983, c. 298, &sect; 1, emerg. eff. June 23, 1983; Laws 1988, c. 225, &sect; 8; Laws 1991, c. 265, &sect; 4, eff. Oct. 1, 1991. Renumbered from &sect; 161 of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1993, c. 193, &sect; 1; Laws 1994, c. 390, &sect; 2, eff. Sept. 1, 1994; Laws 1999, c. 19, &sect; 1; Laws 2000, c. 26, &sect; 1; Laws 2002, c. 255, &sect; 1, eff. Nov. 1, 2002; Laws 2004, c. 269, &sect; 2, emerg. eff. May 6, 2004; Laws 2005, c. 16, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 16, &sect; 38, emerg. eff. March 29, 2006; Laws 2006, c. 40, &sect; 1; Laws 2010, c. 326, &sect; 1, eff. Nov. 1, 2010; Laws 2012, c. 70, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2005, c. 149, &sect; 1 repealed by Laws 2006, c. 16, &sect; 39, emerg. eff. March 29, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.5. Meetings of Board &ndash; Duties of officers - Bonding and liability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">I. All fees, charges, reimbursement minimums and other revenue-generating amounts shall be set by the Board by rule.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 265, &sect; 5, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, &sect; 3, eff. Sept. 1, 1994; Laws 2004, c. 269, &sect; 3, emerg. eff. May 6, 2004; Laws 2005, c. 149, &sect; 2, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-161.6. Powers of Board - Advisory Committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Board is authorized and empowered to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Purchase office furniture, equipment and supplies;&nbsp;</span></p> <p><span class="cls0">6. Employ, direct, reimburse, evaluate, and dismiss such office personnel, as may be necessary, in accordance with state procedures;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">9. Employ or contract with 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. Any investigator shall be certified as a peace officer by the Council on Law Enforcement Education and Training and shall have statewide jurisdiction to perform the duties authorized by this section;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">11. Establish minimum standards for continuing education programs administered by chiropractic associations pursuant to Section 161.11 of this title;&nbsp;</span></p> <p><span class="cls0">12. Make such other expenditures as may be necessary in the performance of its duties;&nbsp;</span></p> <p><span class="cls0">13. Establish appropriate fees and charges to implement the provisions of the Oklahoma Chiropractic Practice Act;&nbsp;</span></p> <p><span class="cls0">14. Establish policies for Board operations;&nbsp;</span></p> <p><span class="cls0">15. Determine and direct Board operating administrative, personnel and budget policies and procedures in accordance with applicable statutes;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">19. The Board of Chiropractic Examiners, by rule, shall promulgate a code of ethics.&nbsp;</span></p> <p><span class="cls0">C. The Board shall promulgate rules regarding continuing education seminars or courses or license renewal seminars or courses including, but not limited to, the qualifications of an applicant, association or entity seeking to sponsor a seminar or course, where the association or entity is domiciled, whether the association or entity is classified as a nonprofit organization, and the educational experience of instructors applying to conduct a seminar or course. The Board shall also promulgate rules regarding certified chiropractic assistants.&nbsp;</span></p> <p><span class="cls0">D. 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:&nbsp;</span></p> <p class="cls5"><span class="cls0">a.&nbsp;&nbsp;investigating the qualifications of applicants for an original license to practice chiropractic in this state,&nbsp;</span></p> <p class="cls5"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls5"><span class="cls0">c.&nbsp;&nbsp;such other matters as the Board shall delegate to them.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. 1. After an initial complaint is received by the Board, the Advisory Committee specified in subsection D of this section shall meet and determine whether the complaint merits further investigation. The focus and scope of an investigation shall pertain only to the subject of the complaint.&nbsp;</span></p> <p><span class="cls0">2. The Advisory Committee may utilize the services of an investigator employed or contracted by the Board pursuant to this section. An investigator shall have the authority to investigate a complaint only upon directive of a simple majority of the Advisory Committee or the chair of the Advisory Committee.&nbsp;</span></p> <p><span class="cls0">3. The findings of the investigator shall be presented to the Advisory Committee. The Advisory Committee shall review and determine whether the findings of the investigator and/or the Advisory Committee shall be presented to the Board for possible further action.&nbsp;</span></p> <p><span class="cls0">F. The Board shall promulgate rules regarding the issuance of field citations and the assessment of administrative penalties no later than July 1, 2012. Administrative penalties for field citations shall not exceed Two Hundred Fifty Dollars ($250.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1921, c. 7, p. 12, &sect; 2. Amended by Laws 1972, c. 250, &sect; 1, emerg. eff. April 7, 1972; Laws 1982, c. 268, &sect; 2, emerg. eff. May 14, 1982; Laws 1983, c. 298, &sect; 2, emerg. eff. June 23, 1983; Laws 1986, c. 317, &sect; 1, emerg. eff. June 24, 1986; Laws 1990, c. 182, &sect; 1, emerg. eff. May 7, 1990; Laws 1991, c. 265, &sect; 6, eff. Oct. 1, 1991. Renumbered from Title 59, &sect; 162 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, &sect; 4, eff. Sept. 1, 1994; Laws 2002, c. 255, &sect; 2, eff. Nov. 1, 2002; Laws 2004, c. 269, &sect; 4, emerg. eff. May 6, 2004; Laws 2005, c. 149, &sect; 3, eff. Nov. 1, 2005; Laws 2008, c. 388, &sect; 1, emerg. eff. June 3, 2008; Laws 2009, c. 362, &sect; 1, eff. Nov. 1, 2009; Laws 2011, c. 252, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 11, &sect; 15, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2011, c. 230, &sect; 2 repealed by Laws 2012, c. 11, &sect; 16, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.7. Application for original license by examination.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The application shall be accompanied by a fee of One Hundred Seventy-five Dollars ($175.00), which shall not be refundable under any circumstances.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. If the application is approved, the applicant, upon payment of an examination fee of One Hundred Seventy-five Dollars ($175.00), 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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A course of standard high school education;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Parts I, II, III, IV and physiotherapy as administered by the National Board of Chiropractic Examiners with a passing score; and&nbsp;</span></p> <p><span class="cls0">5. Passing an examination with seventy-five percent (75%) or better.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1921, c. 7, p. 13, &sect; 3. Amended by Laws 1972, c. 250, &sect; 2, emerg. eff. April 7, 1972; Laws 1982, c. 268, &sect; 3, emerg. eff. May 14, 1982; Laws 1991, c. 265, &sect; 7, eff. Oct. 1, 1991. Renumbered from &sect; 163 of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, &sect; 5, eff. Sept. 1, 1994; Laws 2004, c. 269, &sect; 5, emerg. eff. May 6, 2004; Laws 2005, c. 149, &sect; 4, eff. Nov. 1, 2005; Laws 2009, c. 362, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.8. Subjects covered by examination.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1921, c. 7, p. 13, &sect; 4. Amended by Laws 1972, c. 250, &sect; 3, emerg. eff. April 7, 1972; Laws 1982, c. 268, &sect; 4, emerg. eff. May 14, 1982; Laws 1985, c. 176, &sect; 1; Laws 1989, c. 325, &sect; 1, emerg. eff. May 26, 1989; Laws 1990, c. 163, &sect; 2, eff. Sept. 1, 1990; Laws 1991, c. 265, &sect; 8, eff. Oct. 1, 1991. Renumbered from &sect; 164 of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 2004, c. 269, &sect; 6, emerg. eff. May 6, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1985, c. 178, &sect; 29 repealed by Laws 1989, c. 325, &sect; 2, emerg. eff. May 26, 1989.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.9. Application for original license by relocation of practice.&nbsp;</span></p> <p><span class="cls0">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 Fifty Dollars ($350.00), 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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. That the applicant is of good moral character;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. That the applicant has no disciplinary matters pending against him or her in any state, country, territory or province;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. That the applicant passes the examination given by the Board with a minimum score of seventy-five percent (75%) or better; and&nbsp;</span></p> <p><span class="cls0">6. That the applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.&nbsp;</span></p> <p><span class="cls0">C. Any applicant requesting a license by relocation of practice into Oklahoma shall:&nbsp;</span></p> <p><span class="cls0">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; &nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Provide full disclosure to the Board of any criminal proceeding taken against the applicant including, but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;pleading guilty, pleading nolo contendere or receiving a conviction of a felony,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;pleading guilty, pleading nolo contendere or receiving a conviction for a misdemeanor involving moral turpitude, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;pleading guilty, pleading nolo contendere or receiving a conviction for violation of federal or state controlled dangerous substance laws;&nbsp;</span></p> <p><span class="cls0">4. Comply with the jurisprudence assessment of this state;&nbsp;</span></p> <p><span class="cls0">5. If requested, appear before the Board for a personal interview; and&nbsp;</span></p> <p><span class="cls0">6. Pay an application fee to be set by rule of the Board.&nbsp;</span></p> <p><span class="cls0">D. No license fee shall be charged by the Board for the balance of the calendar year in which such a license is issued.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 64, &sect; 2, emerg. eff. May 25, 1937. Amended by Laws 1972, c. 250, &sect; 4, emerg. eff. April 7, 1972; Laws 1982, c. 268, &sect; 5, emerg. eff. May 14, 1982; Laws 1991, c. 265, &sect; 9, eff. Oct. 1, 1991. Renumbered from &sect; 164b of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 2004, c. 269, &sect; 7, emerg. eff. May 6, 2004; Laws 2009, c. 362, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.10. Repealed by Laws 2004, c. 269, &sect; 13, emerg. eff. May 6, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;59-161.10a. Continuing education.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. An application to provide continuing education in this state;&nbsp;</span></p> <p><span class="cls0">2. The agenda for the continuing education seminar;&nbsp;</span></p> <p><span class="cls0">3. The professional background of the instructors; and&nbsp;</span></p> <p><span class="cls0">4. A summary of the courses to be taught at the continuing education seminar.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Each year a chiropractic physician must attend sixteen (16) hours of continuing education. Twelve (12) hours must be 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 this title. A maximum of four (4) hours may be non-clinical in nature.&nbsp;</span></p> <p><span class="cls0">E. 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.&nbsp;</span></p> <p><span class="cls0">F. Chiropractic physicians who have not been in active practice during the previous year shall be exempt from that calendar year&rsquo;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.&nbsp;</span></p> <p><span class="cls0">G. 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.&nbsp;</span></p> <p><span class="cls0">H. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 269, &sect; 8, emerg. eff. May 6, 2004. Amended by Laws 2005, c. 149, &sect; 5, eff. Nov. 1, 2005; Laws 2007, c. 363, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.11. Annual renewal license - Fee - Suspension and reinstatement - Disciplinary guidelines.&nbsp;</span></p> <p><span class="cls0">A. 1. Beginning January 1, 2005:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a person holding an original license and who is actively engaged in the practice of chiropractic in this state shall pay to the Board of Chiropractic Examiners, on or before July 1 of each year, a renewal license fee of Two Hundred Twenty-five Dollars ($225.00),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;an inactive nonresident holding an original license to practice chiropractic in Oklahoma and who has filed 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 year, shall pay to the Board, on or before July 1 of each year, a renewal license fee of One Hundred Seventy-five Dollars ($175.00),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;an inactive resident holding an original license to practice chiropractic in Oklahoma, and who has filed, or on whose behalf has been filed, a statement with the Board that because of illness, infirmity, active military service or other circumstances as approved by the Board, the licensee is unable to actively engage in the practice of chiropractic during the succeeding year, shall pay to the Board a renewal license fee of One Hundred Dollars ($100.00), and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a person holding an original license, but who is sixty-five (65) years of age or older and who has filed 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 year, shall pay to the Board a renewal licensee fee of Fifty Dollars ($50.00).&nbsp;</span></p> <p><span class="cls0">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, provided that inactive resident licensees may, at the discretion of the Board, be exempt from this requirement.&nbsp;</span></p> <p><span class="cls0">3. Beginning January 1, 2006, every chiropractic physician who is actively engaged in the practice of chiropractic in this state 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. Any licensee who is not actively engaged in practice in this state, shall be exempt from providing proof of malpractice insurance.&nbsp;</span></p> <p><span class="cls0">B. 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 of this section, issue a renewal license to said licensee.&nbsp;</span></p> <p><span class="cls0">C. The failure of a licensee to properly renew a license or certificate shall be evidence of noncompliance with the Oklahoma Chiropractic Practice Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. If within sixty (60) calendar days after July 1 the licensee pays the renewal fee, and the reinstatement fee set by the Board, the license may be reactivated.&nbsp;</span></p> <p><span class="cls0">3. If sixty (60) calendar days elapse and the license is not reinstated, the license shall automatically be suspended for failure to renew.&nbsp;</span></p> <p><span class="cls0">4. The practice of chiropractic is prohibited unless the license is active and in good standing with the Board.&nbsp;</span></p> <p><span class="cls0">D. 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:&nbsp;</span></p> <p><span class="cls0">1. Payment of a reinstatement fee in an amount fixed by the Board not to exceed Four Hundred Dollars ($400.00);&nbsp;</span></p> <p><span class="cls0">2. Payment of the renewal license fee for the calendar year in which the original license is reinstated; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. 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:&nbsp;</span></p> <p><span class="cls0">1. Minimum and maximum administrative fines;&nbsp;</span></p> <p><span class="cls0">2. Periods of suspension, probation or supervision;&nbsp;</span></p> <p><span class="cls0">3. Terms and conditions of probation; and&nbsp;</span></p> <p><span class="cls0">4. Terms and conditions for the reinstatement of an original license or renewal license, or both.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 64, &sect; 3, emerg. eff. May 25, 1937. Amended by Laws 1947, p. 355, &sect; 2, emerg. eff. March 17, 1947; Laws 1963, c. 108, &sect; 1, emerg. eff. May 31, 1963; Laws 1967, c. 168, &sect; 1, emerg. eff. May 1, 1967; Laws 1972, c. 250, &sect; 5, emerg. eff. April 7, 1972; Laws 1982, c. 268, &sect; 7, emerg. eff. May 14, 1982; Laws 1990, c. 182, &sect; 2, emerg. eff. May 7, 1990; Laws 1991, c. 265, &sect; 11, eff. Oct. 1, 1991. Renumbered from &sect; 164c of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, &sect; 6, eff. Sept. 1, 1994; Laws 1998, c. 181, &sect; 1, eff. Nov. 1, 1998; Laws 2002, c. 255, &sect; 4, eff. Nov. 1, 2002; Laws 2004, c. 269, &sect; 9, emerg. eff. May 6, 2004; Laws 2005, c. 149, &sect; 6, eff. Nov. 1, 2005; Laws 2006, c. 36, &sect; 1, eff. Nov. 1, 2006; Laws 2008, c. 388, &sect; 2, emerg. eff. June 3, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.12. Penalties - Grounds for imposition.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Disapproval of an application for a renewal license;&nbsp;</span></p> <p><span class="cls0">2. Revocation or suspension of an original license or renewal license, or both;&nbsp;</span></p> <p><span class="cls0">3. Restriction of the practice of a chiropractic physician under such terms and conditions as deemed appropriate by the Board;&nbsp;</span></p> <p><span class="cls0">4. An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation;&nbsp;</span></p> <p><span class="cls0">5. A censure or reprimand; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Being habitually drunk or habitually using habit-forming drugs;&nbsp;</span></p> <p><span class="cls0">3. Using advertising in which statements are made that are fraudulent, deceitful or misleading to the public;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Performing or attempting to perform major or minor surgery in this state, or using electricity in any form for surgical purposes, including cauterization;&nbsp;</span></p> <p><span class="cls0">6. Using or having in a chiropractic physician&rsquo;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">9. Obtaining an original license or renewal license in a fraudulent manner;&nbsp;</span></p> <p><span class="cls0">10. Violating any provision of the Unfair Claims Settlement Practices Act or any rule promulgated pursuant thereto;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">12. Violating any provision of the Oklahoma Chiropractic Practice Act; or&nbsp;</span></p> <p><span class="cls0">13. Violating any of the rules of the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. If no order imposing a penalty against a chiropractic physician is issued by the Board within three (3) 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 64, &sect; 4, emerg. eff. May 25, 1937. Amended by Laws 1953, p. 260, &sect; 1, emerg. eff. May 25, 1953; Laws 1972, c. 250, &sect; 6, emerg. eff. April 7, 1972; Laws 1982, c. 268, &sect; 8, emerg. eff. May 14, 1982; Laws 1985, c. 176, &sect; 2; Laws 1990, c. 182, &sect; 3, emerg. eff. May 7, 1990; Laws 1991, c. 265, &sect; 12, eff. Oct. 1, 1991. Renumbered from &sect; 164d of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1997, c. 90, &sect; 1, eff. Nov. 1, 1997; Laws 1998, c. 181, &sect; 2, eff. Nov. 1, 1998; Laws 1999, c. 227, &sect; 1, eff. Nov. 1, 1999; Laws 2002, c. 255, &sect; 5, eff. Nov. 1, 2002; Laws 2004, c. 269, &sect; 10, emerg. eff. May 6, 2004; Laws 2008, c. 388, &sect; 3, emerg. eff. June 3, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.12a. Certificate &ndash; Chiropractic claims consultant.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 149, &sect; 7, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-161.13. Suspension of license because of mental illness.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 261, &sect; 1, emerg. eff. Feb. 25, 1953. Amended by Laws 1991, c. 265, &sect; 13, eff. Oct. 1, 1991. Renumbered from &sect; 167 of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1997, c. 90, &sect; 2, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-161.14. Practice without license - Penalties &ndash; Injunction.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 65, &sect; 6, emerg. eff. May 25, 1937. Amended by Laws 1991, c. 265, &sect; 14, eff. Oct. 1, 1991. Renumbered from &sect; 164f of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1994, c. 390, &sect; 7, eff. Sept. 1, 1994; Laws 2002, c. 255, &sect; 6, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-161.15. Doctors of chiropractic governed by public health laws.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Death certificates, pursuant to Section 1-317 of Title 63 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1921, c. 7, p. 14, &sect; 5. Amended by Laws 1991, c. 265, &sect; 15, eff. Oct. 1, 1991. Renumbered from &sect; 165 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1998, c. 181, &sect; 3, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-161.16. Chiropractic Education Scholarship Program.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Meet all requirements and academic standards established by the Board;&nbsp;</span></p> <p><span class="cls0">3. Attend an accredited chiropractic college; and&nbsp;</span></p> <p><span class="cls0">4. Demonstrate satisfactory progress in the study of chiropractic.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 250, &sect; 8, emerg. eff. April 7, 1972. Amended by Laws 1981, c. 32, &sect; 1, eff. July 1, 1981; Laws 1982, c. 268, &sect; 9, emerg. eff. May 14, 1982; Laws 1991, c. 265, &sect; 16, eff. Oct. 1, 1991. Renumbered from &sect; 170 of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1999, c. 227, &sect; 2, eff. Nov. 1, 1999; Laws 2004, c. 269, &sect; 11, emerg. eff. May 6, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59161.17. Chiropractic Undergraduate Preceptorship Program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">The Board shall by rule establish standards, qualifications and responsibilities for interns, preceptors and accredited chiropractic colleges participating in the program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 260, &sect; 15, operative July 1, 1984; Laws 1991, c. 265, &sect; 17, eff. Oct. 1, 1991. Renumbered from &sect; 164b.2 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-161.18. Listing in publications.&nbsp;</span></p> <p><span class="cls0">Chiropractic physicians may be listed in all publications as:&nbsp;</span></p> <p><span class="cls0">1. Physicians, Chiropractic;&nbsp;</span></p> <p><span class="cls0">2. Chiropractors; or&nbsp;</span></p> <p><span class="cls0">3. Doctors of Chiropractic.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 176, &sect; 3. Amended by Laws 1991, c. 265, &sect; 18, eff. Oct. 1, 1991. Renumbered from &sect; 170.1 of this title by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991. Amended by Laws 1995, c. 207, &sect; 1, eff. Nov. 1, 1995; Laws 2000, c. 131, &sect; 3, eff. Nov. 1, 2000; Laws 2002, c. 255, &sect; 7, eff. Nov. 1, 2002; Laws 2004, c. 269, &sect; 12, emerg. eff. May 6, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-161.20. Board of Chiropractic Examiners' Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 265, &sect; 19, eff. Oct. 1, 1991. Amended by Laws 2012, c. 304, &sect; 261.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-162. Renumbered as Section 161.6 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-163. Renumbered as Section 161.7 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164. Renumbered as Section 161.8 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164a. Renumbered as Section 161.10 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164b. Renumbered as Section 161.9 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164b.1. Repealed by Laws 1991, c. 265, &sect; 23, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164b.2. Renumbered as Section 161.17 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164c. Renumbered as Section 161.11 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164d. Renumbered as Section 161.12 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164e. Repealed by Laws 1991, c. 265, &sect; 23, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-164f. Renumbered as Section 161.14 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-165. Renumbered as Section 161.15 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-167. Renumbered as Section 161.13 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-168. Repealed by Laws 1991, c. 265, &sect; 23, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-169. Repealed by Laws 1991, c. 265, &sect; 23, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-170. Renumbered as Section 161.16 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-170.1. Renumbered as Section 161.18 of Title 59 by Laws 1991, c. 265, &sect; 22, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-170.2. Repealed by Laws 1991, c. 265, &sect; 23, eff. Oct. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;59-199. Short title &ndash; Oklahoma Cosmetology and Barbering Act.&nbsp;</span></p> <p><span class="cls0">Chapter 6 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Cosmetology and Barbering Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 355, &sect; 1, eff. July 1, 2000. Amended by Laws 2013, c. 229, &sect; 84, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.1. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Cosmetology and Barbering Act:&nbsp;</span></p> <p><span class="cls0">1. "Apprentice" means a person who is engaged in learning the practice of cosmetology in a cosmetology salon;&nbsp;</span></p> <p><span class="cls0">2. "Barber" means any person who engages in the practice of barbering;&nbsp;</span></p> <p><span class="cls0">3. "Barbering" means 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;&nbsp;</span></p> <p><span class="cls0">4. "Barber establishment" means an establishment or place of business where one or more persons are engaged in the practice of barbering, but shall not include barber schools or colleges;&nbsp;</span></p> <p><span class="cls0">5. "Barber instructor" means a person licensed by the Board as a qualified teacher of barbering;&nbsp;</span></p> <p><span class="cls0">6. "Barber school" or "barber college" means an establishment operated for the purpose of teaching barbering;&nbsp;</span></p> <p><span class="cls0">7. "Board" means the State Board of Cosmetology and Barbering;&nbsp;</span></p> <p><span class="cls0">8. "Cosmetic studio" means any place or premises where demonstrators give demonstrations, without compensation, for the purpose only of advertising and selling cosmetics;&nbsp;</span></p> <p><span class="cls0">9. "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;&nbsp;</span></p> <p><span class="cls0">10. "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 and Barbering 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 and Barbering 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;&nbsp;</span></p> <p><span class="cls0">11. "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;&nbsp;</span></p> <p><span class="cls0">12. "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 and Barbering Act. Licensed cosmetology schools may offer education to secondary and postsecondary students in this state;&nbsp;</span></p> <p><span class="cls0">13. "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;&nbsp;</span></p> <p><span class="cls0">14. "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;&nbsp;</span></p> <p><span class="cls0">15. "Facial operator" means any person who gives facials for compensation;&nbsp;</span></p> <p><span class="cls0">16. "Hairbraiding technician" means a person licensed by the Board to perform hairbraiding, hairweaving techniques, and hair extensions in a licensed cosmetology establishment;&nbsp;</span></p> <p><span class="cls0">17. "Manicurist" means a person who gives manicures, gives pedicures, or applies artificial nails;&nbsp;</span></p> <p><span class="cls0">18. "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;&nbsp;</span></p> <p><span class="cls0">19. "Master instructor" means a person who gives instruction in cosmetology or any practices thereof;&nbsp;</span></p> <p><span class="cls0">20. "Operator" means any person who engages in, follows or performs any of the practices of cosmetology;&nbsp;</span></p> <p><span class="cls0">21. "Public school" means any state-supported institution conducting a cosmetology program; and&nbsp;</span></p> <p><span class="cls0">22. "Student" means a person who is enrolled in and attending a cosmetology or barbering school for the purpose of learning the practice of cosmetology or barbering.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 389, &sect; 1, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 163, &sect; 1, emerg. eff. May 26, 1951; Laws 1968, c. 313, &sect; 1, emerg. eff. May 7, 1968; Laws 1978, c. 259, &sect; 1, eff. Jan. 1, 1979; Laws 1979, c. 216, &sect; 1, eff. July 1, 1979; Laws 1994, c. 135, &sect; 1, eff. Sept. 1, 1994; Laws 2000, c. 355, &sect; 2, eff. July 1, 2000; Laws 2013, c. 229, &sect; 85, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.2. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 59-199.2v1 (HB 1467, Laws 2013, c. 229, &sect; 86).&nbsp;</span></p> <p><span class="cls0">OS 59-199.2v2 (HB 1702, Laws 2013, c. 298, &sect; 1).&nbsp;</span></p> <p><span class="cls0">&sect;59-199.2v1. State Board of Cosmetology and Barbering.&nbsp;</span></p> <p><span class="cls0">A. 1. There is hereby re-created, to continue until July 1, 2013, in accordance with the provisions of the Oklahoma Sunset Law, a State Board of Cosmetology and Barbering which shall be composed of eleven (11) members to be appointed by the Governor and to serve at the pleasure of the Governor.&nbsp;</span></p> <p><span class="cls0">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. One member shall be a barber appointed at-large.&nbsp;</span></p> <p><span class="cls0">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. Eight members shall, at the time of appointment, have had at least five (5) years' continuous practical experience in the practice of cosmetology or barbering in this state, one member shall be a lay person, one member shall be an administrator of a licensed private cosmetology school, one member shall be an administrator of a licensed barber school, and one member shall be an administrator of a public school licensed to teach cosmetology.&nbsp;</span></p> <p><span class="cls0">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 eight cosmetology appointees shall continue to be actively engaged in the profession of cosmetology while serving. No two members engaged in the profession of barbering shall be organizers of or promote the organization of any barbering association. Each of the four barbering appointees shall continue to be actively engaged in the profession of barbering while serving.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The terms of office for Board members shall be four (4) years ending June 30.&nbsp;</span></p> <p><span class="cls0">C. Each member shall serve until a successor is appointed and qualified.&nbsp;</span></p> <p><span class="cls0">D. Six members of the Board shall constitute a quorum for the transaction of business.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Members shall be reimbursed for their actual and necessary traveling expenses as provided by the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 390, &sect; 2, emerg. eff. June 6, 1949. Amended by Laws 1957, p. 464, &sect; 1, emerg. eff. May 29, 1957; Laws 1961, p. 443, &sect; 1, emerg. eff. June 15, 1961; Laws 1968, c. 313, &sect; 2, emerg. eff. May 7, 1968; Laws 1970, c. 177, &sect; 1; Laws 1979, c. 121, &sect; 2, emerg. eff. May 1, 1979; Laws 1985, c. 77, &sect; 1, eff. July 1, 1985; Laws 1991, c. 194, &sect; 2; Laws 1997, c. 32, &sect; 1; Laws 2000, c. 355, &sect; 3, eff. July 1, 2000; Laws 2002, c. 375, &sect; 7, eff. Nov. 5, 2002; Laws 2003, c. 12, &sect; 1; Laws 2009, c. 16, &sect; 1; Laws 2013, c. 229, &sect; 86, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.2v2. State Board of Cosmetology.&nbsp;</span></p> <p><span class="cls0">A. 1. There is hereby re-created, to continue until July 1, 2017, 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The terms of office for Board members shall be four (4) years ending June 30.&nbsp;</span></p> <p><span class="cls0">C. Each member shall serve until a successor is appointed and qualified.&nbsp;</span></p> <p><span class="cls0">D. Five members of the Board shall constitute a quorum for the transaction of business.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Members shall be reimbursed for their actual and necessary traveling expenses as provided by the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 390, &sect; 2, emerg. eff. June 6, 1949. Amended by Laws 1957, p. 464, &sect; 1, emerg. eff. May 29, 1957; Laws 1961, p. 443, &sect; 1, emerg. eff. June 15, 1961; Laws 1968, c. 313, &sect; 2, emerg. eff. May 7, 1968; Laws 1970, c. 177, &sect; 1; Laws 1979, c. 121, &sect; 2, emerg. eff. May 1, 1979; Laws 1985, c. 77, &sect; 1, eff. July 1, 1985; Laws 1991, c. 194, &sect; 2; Laws 1997, c. 32, &sect; 1; Laws 2000, c. 355, &sect; 3, eff. July 1, 2000; Laws 2002, c. 375, &sect; 7, eff. Nov. 5, 2002; Laws 2003, c. 12, &sect; 1; Laws 2009, c. 16, &sect; 1; Laws 2013, c. 298, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.3. Powers of Board.&nbsp;</span></p> <p><span class="cls0">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 and Barbering 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 and Barbering Act.&nbsp;</span></p> <p><span class="cls0">B. The Board shall have the powers and duties to:&nbsp;</span></p> <p><span class="cls0">1. Promulgate rules pursuant to the Administrative Procedures Act relating to standards of sanitation which must be observed and practiced by all cosmetology schools, cosmetology salons, barbers, barber instructors, barber apprentices, or barber colleges. 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;&nbsp;</span></p> <p><span class="cls0">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, cosmetician, barber, barber instructor, or barber apprentice at such times and places determined by the Board. Applications for all examinations shall be made on forms approved by the Board;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Issue all certificates of registration, licenses, permits, notices and orders;&nbsp;</span></p> <p><span class="cls0">5. Establish limited specialty licenses for cosmetician, facial/esthetics instructor, hairbraiding technician, manicurist/nail technician instructor, barber, barber instructor, or barber apprentice within the practice of cosmetology or barbering. 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 and Barbering Act;&nbsp;</span></p> <p><span class="cls0">6. Make regular inspections of all cosmetology and barber schools and cosmetology and barber establishments licensed to operate in this state, and reports thereof shall be kept and maintained in the office of the Board;&nbsp;</span></p> <p><span class="cls0">7. Make investigations and reports on all violations of the Oklahoma Cosmetology and Barbering Act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">10. Enter into any contracts necessary to implement or enforce the provisions of the Oklahoma Cosmetology and Barbering Act or rules promulgated thereto; and&nbsp;</span></p> <p><span class="cls0">11. Apply to a court of competent jurisdiction for an order enjoining an unlicensed person from practicing cosmetology or barbering or holding himself or herself out as a practitioner of cosmetology or barbering. Injunctive relief granted by the court shall be without bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. Reinstatement of any such license, certificate of registration, or permit shall rest in the sound discretion of the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 391, &sect; 3, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 163, &sect; 2, emerg. eff. May 26, 1951; Laws 1968, c. 313, &sect; 3, emerg. eff. May 7, 1968; Laws 1978, c. 215, &sect; 1; Laws 1985, c. 77, &sect; 2, eff. July 1, 1985; Laws 1994, c. 135, &sect; 2, eff. Sept. 1, 1994; Laws 2000, c. 355, &sect; 4, eff. July 1, 2000; Laws 2003, c. 56, &sect; 1; Laws 2013, c. 229, &sect; 87, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.4. Executive director.&nbsp;</span></p> <p><span class="cls0">The State Board of Cosmetology and Barbering 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 or barbering while serving as executive director. The executive director shall:&nbsp;</span></p> <p><span class="cls0">1. Devote his or her entire time to the duties of the office;&nbsp;</span></p> <p><span class="cls0">2. Receive salary and benefits as provided by law;&nbsp;</span></p> <p><span class="cls0">3. Keep and preserve all books and records pertaining to the Board;&nbsp;</span></p> <p><span class="cls0">4. Have authority, in the name of and in behalf of the Board, to issue all licenses, certificates of registration, permits, orders, and notices;&nbsp;</span></p> <p><span class="cls0">5. Have authority to collect all fees and penalties provided for by the Oklahoma Cosmetology and Barbering Act;&nbsp;</span></p> <p><span class="cls0">6. Make quarterly reports to the Board of all monies collected and the sources from which derived;&nbsp;</span></p> <p><span class="cls0">7. Have authority to approve payrolls and all claims for the Board;&nbsp;</span></p> <p><span class="cls0">8. Have authority to employ staff;&nbsp;</span></p> <p><span class="cls0">9. Keep a continuous inventory of all properties, excluding supplies, belonging to the Board; and&nbsp;</span></p> <p><span class="cls0">10. Perform such other duties as may be directed by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 392, &sect; 4, emerg. eff. June 6, 1949. Amended by Laws 1957, p. 465, &sect; 2, emerg. eff. May 29, 1957; Laws 1961, p. 444, &sect; 2, emerg. eff. June 15, 1961; Laws 1968, c. 313, &sect; 4, emerg. eff. May 7, 1968; Laws 1978, c. 215, &sect; 2; Laws 1980, c. 159, &sect; 10, emerg. eff. April 2, 1980; Laws 1994, c. 135, &sect; 3, eff. Sept. 1, 1994; Laws 2000, c. 355, &sect; 5, eff. July 1, 2000; Laws 2003, c. 56, &sect; 2; Laws 2013, c. 229, &sect; 88, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.5. Positions and salaries.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Cosmetology and Barbering shall create positions and fix the salaries of officials and employees necessary to carry out the purposes of the Oklahoma Cosmetology and Barbering Act and the administration thereof.&nbsp;</span></p> <p><span class="cls0">B. The employees shall include not less than five nor more than nine cosmetology and barbering inspectors. Only licensed instructors shall be employed as cosmetology or barbering inspectors by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 392, &sect; 5, emerg. eff. June 6, 1949. Amended by Laws 2000, c. 355, &sect; 6, eff. July 1, 2000; Laws 2003, c. 56, &sect; 3; Laws 2013, c. 229, &sect; 89, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.6. Rules &ndash; Implementation - Unlawful acts.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Cosmetology and Barbering is hereby authorized to promulgate rules for governing the examination and licensure of cosmetologists, manicurists, nail technicians, estheticians, cosmeticians, hair braiding technicians, master instructors, manicurist instructors, esthetics instructors, barbers, and barber instructors. The Board is hereby authorized to govern the sanitary operation of cosmetology and barbering establishments and to administer 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 construed as a separate offense.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Cosmetology and Barbering shall have the power and duty to implement rules of the Board, to issue and renew licenses, to inspect cosmetology and barbering establishments and schools, and to inspect the sanitary operating practices of cosmetology and barbering licensees, including sanitary conditions of cosmetology and barbering establishments and schools.&nbsp;</span></p> <p><span class="cls0">C. 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:&nbsp;</span></p> <p><span class="cls0">1. Operate or attempt to operate a cosmetology school, cosmetology salon, or barber college without having obtained a license therefor from the State Board of Cosmetology and Barbering;&nbsp;</span></p> <p><span class="cls0">2. Give or attempt to give instruction in cosmetology or barbering, without having obtained an instructor's license from the Board;&nbsp;</span></p> <p><span class="cls0">3. Practice or offer to practice barbering, cosmetology or manicuring without having obtained a license therefor from the Board;&nbsp;</span></p> <p><span class="cls0">4. Operate a cosmetic studio without having obtained a license therefor from the Board;&nbsp;</span></p> <p><span class="cls0">5. Demonstrate a cosmetic preparation without having obtained a demonstrator's license from the Board;&nbsp;</span></p> <p><span class="cls0">6. Permit any person in one's employ, supervision, or control to practice cosmetology unless that person has obtained an appropriate license from the Board;&nbsp;</span></p> <p><span class="cls0">7. Willfully violate any rule promulgated by the Board for the sanitary management and operation of a barber shop, cosmetology school or cosmetology salon; or&nbsp;</span></p> <p><span class="cls0">8. Violate any of the provisions of the Oklahoma Cosmetology and Barbering Act.&nbsp;</span></p> <p><span class="cls0">D. The provisions of the Oklahoma Cosmetology and Barbering Act shall not apply to the following persons while such persons are engaged in the proper discharge of their professional duties:&nbsp;</span></p> <p><span class="cls0">1. Funeral directors;&nbsp;</span></p> <p><span class="cls0">2. Persons in the Armed Services;&nbsp;</span></p> <p><span class="cls0">3. Persons authorized to practice the healing arts or nursing; or&nbsp;</span></p> <p><span class="cls0">4. Regularly employed sales people working in retail establishments engaged in the business of selling cosmetics in sealed packages.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 392, &sect; 6, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 164, &sect; 3, emerg. eff. May 26, 1951; Laws 1991, c. 194, &sect; 3; Laws 2000, c. 355, &sect; 7, eff. July 1, 2000; Laws 2013, c. 229, &sect; 90, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.7. Cosmetology and barber schools.&nbsp;</span></p> <p><span class="cls0">A. Each cosmetology and barber school shall be licensed annually by the State Board of Cosmetology and Barbering. 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 or barber schools shall be One Hundred Twenty-five Dollars ($125.00).&nbsp;</span></p> <p><span class="cls0">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 the cosmetology or barber school and all persons enrolling therein.&nbsp;</span></p> <p><span class="cls0">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 the bond by any person injured by reason of the breach of the conditions thereof.&nbsp;</span></p> <p><span class="cls0">C. It shall be the duty of the owner or manager of a cosmetology or barber 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.&nbsp;</span></p> <p><span class="cls0">D. No license for a cosmetology or barber 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 and Barbering Act.&nbsp;</span></p> <p><span class="cls0">E. There shall be included in the curriculum for cosmetology and barber 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.&nbsp;</span></p> <p><span class="cls0">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 or barbering schools in the state. The basic cosmetology or barbering course shall be designed to qualify students completing the course to take the examination for an operator's license.&nbsp;</span></p> <p><span class="cls0">2. Cosmetology 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.&nbsp;</span></p> <p><span class="cls0">G. 1. No person shall be eligible to give instruction in cosmetology or barbering unless the person is the holder of a current unrevoked instructor's license issued by the Board.&nbsp;</span></p> <p><span class="cls0">2. Each cosmetology or barber 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.&nbsp;</span></p> <p><span class="cls0">H. A cosmetology or barbering school may be operated in and as part of an accredited high school.&nbsp;</span></p> <p><span class="cls0">I. No cosmetology or barber school owner or cosmetology salon or barber establishment 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 or barber 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 or barber school at any time.&nbsp;</span></p> <p><span class="cls0">J. No cosmetology salon or barber establishment shall ever be operated in or as a part of a cosmetology school.&nbsp;</span></p> <p><span class="cls0">K. 1. Students shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;have an eighth-grade education or the equivalent thereof,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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 or barbering instruction begins, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;be of good moral and ethical character.&nbsp;</span></p> <p><span class="cls0">2. Credit shall not be given to any person by the Board or by a cosmetology or barber school for hours spent in attending a cosmetology or barber 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 or barber school out of state may receive credit for such attendance for transfer upon proper certification as provided by rule of the Board.&nbsp;</span></p> <p><span class="cls0">3. No student shall be credited with more than eight (8) hours' attendance in a cosmetology or barber school in any one (1) day.&nbsp;</span></p> <p><span class="cls0">4. No person shall be eligible to take the Board-issued examination for an operator's license unless such person is at least seventeen (17) years of age or a high school graduate.&nbsp;</span></p> <p><span class="cls0">L. 1. No student shall be eligible to take the examination for a Board-issued license without furnishing to the Board the affidavit of the owner of the cosmetology or barber school that the 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.&nbsp;</span></p> <p><span class="cls0">2. Students who are eligible to take the examination shall be given an oral examination if requested by their instructor.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">N. The Board shall have the power to conduct examinations around the state at public locations including, but not limited to, technology center schools.&nbsp;</span></p> <p><span class="cls0">O. Each cosmetology or barber school shall prominently display in a conspicuous place above or to the side of the entrance thereto a sign bearing the words "BEAUTY SCHOOL" or "BARBER SCHOOL", which words shall be in plain letters at least three (3) inches high and at least one (1) inch wide.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 393, &sect; 7, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 164, &sect; 4, emerg. eff. May 26, 1951; Laws 1961, p. 445, &sect; 3, emerg. eff. June 15, 1961; Laws 1968, c. 313, &sect;&sect; 5, 6, emerg. eff. May 7, 1968; Laws 1968, c. 384, &sect; 1, emerg. eff. May 10, 1968; Laws 1971, c. 160, &sect; 1, emerg. eff. May 24, 1971; Laws 1978, c. 259, &sect; 2, eff. Jan. 1, 1979; Laws 1979, c. 216, &sect; 2, eff. July 1, 1979; Laws 1985, c. 77, &sect; 3, eff. July 1, 1985; Laws 1992, c. 184, &sect; 1, eff. July 1, 1992; Laws 1994, c. 135, &sect; 4, eff. Sept. 1, 1994; Laws 2000, c. 355, &sect; 8, eff. July 1, 2000; Laws 2001, c. 33, &sect; 45, eff. July 1, 2001; Laws 2003, c. 56, &sect; 4; Laws 2013, c. 229, &sect; 91, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1978, c. 215, &sect; 3 repealed by Laws 1979, c. 216, &sect; 3, eff. July 1, 1979. Laws 2002, c. 225, &sect; 1 repealed by Laws 2003, c. 56, &sect; 9.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.8. Apprentices.&nbsp;</span></p> <p><span class="cls0">A. Each person training as an apprentice shall be required to have the same qualifications as a student for admission into a cosmetology or barber school, and shall be registered with the State Board of Cosmetology and Barbering before commencing the training.&nbsp;</span></p> <p><span class="cls0">B. No apprentice shall engage in any of the practices of cosmetology or barbering except under the immediate supervision of a licensed instructor in a cosmetology or barber establishment approved by the Board for apprentice training.&nbsp;</span></p> <p><span class="cls0">C. All apprentices must wear a badge which designates them as an apprentice and is furnished by the Board with the apprentice registration receipt.&nbsp;</span></p> <p><span class="cls0">D. Only one apprentice may be registered to receive training in any cosmetology or barber establishment at any one time.&nbsp;</span></p> <p><span class="cls0">E. Completion of three thousand (3,000) hours of apprentice training in a cosmetology or barber establishment is the equivalent of one thousand five hundred (1,500) hours' training in a cosmetology or barber school and shall entitle the apprentice to take an operator's examination.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 395, &sect; 8, emerg. eff. June 6, 1949. Amended by Laws 1994, c. 135, &sect; 5, eff. Sept. 1, 1994; Laws 2000, c. 355, &sect; 9, eff. July 1, 2000; Laws 2013, c. 229, &sect; 92, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.9. Inspection of facilities &ndash; Licensure required.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Cosmetology and Barbering shall not issue a license for a cosmetology or barber establishment 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 or barber establishment 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.&nbsp;</span></p> <p><span class="cls0">B. 1. Except as otherwise provided in the Oklahoma Cosmetology and Barbering Act, it shall be unlawful for any person to practice cosmetology in any place other than a licensed barber establishment or a cosmetology establishment, or a cosmetology or barber school licensed by the Board.&nbsp;</span></p> <p><span class="cls0">2. In an emergency such as illness, invalidism, or death, a licensed operator may perform cosmetology or barbering services for a person by appointment in a place other than a licensed cosmetology or barber establishment or cosmetology or barber school.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 395, &sect; 9, emerg. eff. June 6, 1949. Amended by Laws 1951, p. 164, &sect; 5, emerg. eff. May 26, 1951; Laws 1983, c. 259, &sect; 1, emerg. eff. June 23, 1983; Laws 1994, c. 135, &sect; 6, eff. Sept. 1, 1994; Laws 2000, c. 355, &sect; 10, eff. July 1, 2000; Laws 2013, c. 229, &sect; 93, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.10. Expiration and renewal of licenses.&nbsp;</span></p> <p><span class="cls0">A. All licenses issued under the provisions of the Oklahoma Cosmetology and Barbering 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Any person who fails to renew within the required time may make application with subsequent renewal and penalty fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Number of Years&nbsp;&nbsp;Review&nbsp;</span></p> <p class="cls6"><span class="cls0">License Type&nbsp;&nbsp;License Expired&nbsp;&nbsp;Hours Required&nbsp;</span></p> <p class="cls6"><span class="cls0">Basic Cosmetologist&nbsp;&nbsp;5 years&nbsp;&nbsp;250 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;500 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;1,000 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">Cosmetician&nbsp;&nbsp;5 years&nbsp;&nbsp;120 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;200 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;250 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">Manicurist&nbsp;&nbsp;5 years&nbsp;&nbsp;120 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;200 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;250 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">Facial Operator&nbsp;&nbsp;5 years&nbsp;&nbsp;120 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;200 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;250 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">Hairbraiding Technician&nbsp;&nbsp;5 years&nbsp;&nbsp;120 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;200 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;250 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">Master Instructor&nbsp;&nbsp;5 years&nbsp;&nbsp;200 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;300 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;400 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">Facial/Esthetics Instructor&nbsp;&nbsp;5 years&nbsp;&nbsp;200 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;300 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;400 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">Manicurist/Nail Technician Instructor&nbsp;&nbsp;5 years&nbsp;&nbsp;200 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;10 years&nbsp;&nbsp;300 hours&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;15 years or more&nbsp;&nbsp;400 hours&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 396, &sect; 10, emerg. eff. June 6, 1949. Amended by Laws 1968, c. 313, &sect; 7, emerg. eff. May 7, 1968; Laws 1978, c. 215, &sect; 4; Laws 1992, c. 184, &sect; 2, eff. July 1, 1992; Laws 2000, c. 355, &sect; 11, eff. July 1, 2000; Laws 2003, c. 56, &sect; 5; Laws 2013, c. 229, &sect; 94, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.11. Grounds for denial of license, certificate or registration.&nbsp;</span></p> <p><span class="cls0">The State Board of Cosmetology and Barbering 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 and Barbering Act for any of the following causes:&nbsp;</span></p> <p><span class="cls0">1. Conviction of a felony as shown by a certified copy of the record of the court;&nbsp;</span></p> <p><span class="cls0">2. Gross malpractice or gross incompetence;&nbsp;</span></p> <p><span class="cls0">3. Fraud practiced in obtaining a license or registration;&nbsp;</span></p> <p><span class="cls0">4. A license or certificate holder's continuing to practice while afflicted with an infectious, contagious, or communicable disease;&nbsp;</span></p> <p><span class="cls0">5. Habitual drunkenness or addiction to use of habit forming drugs;&nbsp;</span></p> <p><span class="cls0">6. Advertising by means of statements known to be false or deceptive;&nbsp;</span></p> <p><span class="cls0">7. Continued or flagrant violation of any rules of the Board, or continued practice by a Board licensee in a cosmetology salon or barber shop wherein violations of the rules of the Board are being committed within the knowledge of the operator;&nbsp;</span></p> <p><span class="cls0">8. Failure to display license or certificate as required by the Oklahoma Cosmetology and Barbering Act;&nbsp;</span></p> <p><span class="cls0">9. Continued practice of cosmetology or barbering after expiration of a license therefor;&nbsp;</span></p> <p><span class="cls0">10. Employment by a salon or barber shop owner or manager of any person to perform any of the practices of cosmetology or barbering who is not duly licensed to perform the services; or&nbsp;</span></p> <p><span class="cls0">11. Practicing cosmetology or barbering in an immoral or unprofessional manner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 396, &sect; 11, emerg. eff. June 6, 1949. Amended by Laws 2000, c. 355, &sect; 12, eff. July 1, 2000; Laws 2003, c. 56, &sect; 6; Laws 2013, c. 229, &sect; 95, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.13. Dispensing with examination in certain cases.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Cosmetology and Barbering may issue a reciprocity license without examination to an otherwise qualified applicant if:&nbsp;</span></p> <p><span class="cls0">1. The applicant has complied with the requirements of another state, territory or foreign country or province;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. An applicant for an instructor's license without examination shall possess the equivalent of a high school education.&nbsp;</span></p> <p><span class="cls0">D. Payment of the reciprocity fee shall also constitute payment of the first annual license fee.&nbsp;</span></p> <p><span class="cls0">E. The Board may establish by rule any administrative or other fees associated with processing applications for licensure without examination.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 396, &sect; 13, emerg. eff. June 6, 1949. Amended by Laws 2000, c. 355, &sect; 13, eff. July 1, 2000; Laws 2003, c. 56, &sect; 7; Laws 2013, c. 229, &sect; 96, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.14. Fees.&nbsp;</span></p> <p><span class="cls0">A. The following fees shall be charged by the State Board of Cosmetology and Barbering:&nbsp;</span></p> <p><span class="cls0">Registration as an apprentice or student&nbsp;&nbsp; $ 5.00&nbsp;</span></p> <p><span class="cls0">Examination for Manicurist, Operator,&nbsp;</span></p> <p><span class="cls0">Instructor, or Facial Operator license&nbsp;&nbsp;15.00&nbsp;</span></p> <p><span class="cls0">Cosmetology school license (initial)&nbsp;&nbsp;400.00&nbsp;</span></p> <p><span class="cls0">Cosmetology school license (renewal)&nbsp;&nbsp;125.00&nbsp;</span></p> <p><span class="cls0">Renewal Advanced Operator license (annual)&nbsp;&nbsp;25.00&nbsp;</span></p> <p><span class="cls0">Facial Operator license (annual)&nbsp;&nbsp;25.00&nbsp;</span></p> <p><span class="cls0">Operator license (annual)&nbsp;&nbsp;25.00&nbsp;</span></p> <p><span class="cls0">Manicurist license (annual)&nbsp;&nbsp;25.00&nbsp;</span></p> <p><span class="cls0">Facial/Esthetics Instructor license (annual)&nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Cosmetician license (annual)&nbsp;&nbsp;25.00&nbsp;</span></p> <p><span class="cls0">Hairbraiding Technician (annual)&nbsp;&nbsp;25.00&nbsp;</span></p> <p><span class="cls0">Manicurist/Nail Technician Instructor (annual)&nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Demonstrator license (annual)&nbsp;&nbsp;20.00&nbsp;</span></p> <p><span class="cls0">Master Instructor license (annual) &nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Cosmetology Salon license (initial)&nbsp;&nbsp;45.00&nbsp;</span></p> <p><span class="cls0">Cosmetology Salon license (renewal)&nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Cosmetic Studio license (initial)&nbsp;&nbsp;50.00&nbsp;</span></p> <p><span class="cls0">Cosmetic Studio license (renewal) &nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Nail Salon (initial) &nbsp;&nbsp;45.00&nbsp;</span></p> <p><span class="cls0">Nail Salon (renewal) &nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Reciprocity license (initial)&nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Reciprocity processing fee&nbsp;&nbsp;30.00&nbsp;</span></p> <p><span class="cls0">Duplicate license (in case of loss or&nbsp;</span></p> <p><span class="cls0">destruction of original)&nbsp;&nbsp;5.00&nbsp;</span></p> <p><span class="cls0">Notary fee&nbsp;&nbsp;1.00&nbsp;</span></p> <p><span class="cls0">Certification of Records&nbsp;&nbsp;10.00&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 and Barbering.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 397, &sect; 14, emerg. eff. June 6, 1949. Amended by Laws 1968, c. 313, &sect; 8, emerg. eff. May 7, 1968; Laws 1978, c. 215, &sect; 5; Laws 1985, c. 77, &sect; 4, eff. July 1, 1985; Laws 1992, c. 184, &sect; 3, eff. July 1, 1992; Laws 2000, c. 355, &sect; 14, eff. July 1, 2000; Laws 2003, c. 56, &sect; 8; Laws 2006, c. 86, &sect; 1, eff. July 1, 2006; Laws 2013, c. 229, &sect; 97, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.15. State Cosmetology and Barbering Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury for the State Board of Cosmetology and Barbering a revolving fund to be designated the State Cosmetology and Barbering 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 and Barbering Act or rules promulgated thereto and any other funds obtained or received by the State Board of Cosmetology and Barbering pursuant to the Oklahoma Cosmetology and Barbering 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 and Barbering 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">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 and Barbering Act.&nbsp;</span></p> <p><span class="cls0">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 and Barbering Act shall be a proper charge against and paid from the State Cosmetology and Barbering Fund. In no event shall any claim or obligation accrue against the State of Oklahoma nor against the Cosmetology and Barbering 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 and Barbering Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 397, &sect; 15, emerg. eff. June 6, 1949. Amended by Laws 1979, c. 30, &sect; 18, emerg. eff. April 6, 1979; Laws 1998, c. 364, &sect; 13, emerg. eff. June 8, 1998; Laws 2000, c. 355, &sect; 15, eff. July 1, 2000; Laws 2012, c. 304, &sect; 262; Laws 2013, c. 229, &sect; 98, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-199.17. Repealed by Laws 2000, c. 355, &sect; 16, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;59-328. Designation of parts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 2, &sect; 21, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.1. Citation - Subsequent enactments.&nbsp;</span></p> <p><span class="cls0">A. Part 1 of Chapter 7 of this title shall be known and may be cited as the "State Dental Act".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 1, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 1, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.2. Declarations.&nbsp;</span></p> <p><span class="cls0">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 hygienists, dental assistants and oral maxillofacial surgery assistants 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 oral maxillofacial surgery assistants, and the fabrication of dental appliances in dental laboratories by dental laboratory technicians shall be liberally construed to carry out these objects and purposes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 2, eff. July 1, 1970. Amended by Laws 2013, c. 405, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the State Dental Act, the following words, phrases, or terms, unless the context otherwise indicates, shall have the following meanings:&nbsp;</span></p> <p><span class="cls0">1. "Accredited dental college" means an institution whose dental educational program is accredited by the Commission on Dental Accreditation of the American Dental Association;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. "Board" means the Board of Dentistry;&nbsp;</span></p> <p><span class="cls0">4. "Dentistry" means the practice of dentistry in all of its branches;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. "Dental assistant or oral maxillofacial surgery assistant" 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 oral maxillofacial surgery assistant 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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, dental assistant, or oral maxillofacial surgery 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">21. "Retired dentist" means a person that has a current active dental or specialty license but is limited to practicing in a volunteer nonpaid capacity;&nbsp;</span></p> <p><span class="cls0">22. "Supervision" means direct supervision, indirect supervision, or general supervision; and&nbsp;</span></p> <p><span class="cls0">23. "Treatment facility" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a federal, state or local public health facility,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a private health facility,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a group home or residential care facility serving the elderly, handicapped or juveniles,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a hospital,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a nursing home,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a penal institution operated by or under contract with the federal or state government,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;a public or private school,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;a patient of record's private residence,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;a mobile dental unit,&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;an accredited dental college,&nbsp;</span></p> <p class="cls2"><span class="cls0">k.&nbsp;&nbsp;an accredited dental hygiene program, or&nbsp;</span></p> <p class="cls2"><span class="cls0">l.&nbsp;&nbsp;such other places as are authorized by the rules of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 3, eff. July 1, 1970. Amended by Laws 1998, c. 377, &sect; 1, eff. Nov. 1, 1998; Laws 1999, c. 280, &sect; 1, eff. Nov. 1, 1999; Laws 2003, c. 172, &sect; 1, emerg. eff. May 5, 2003; Laws 2005, c. 377, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 106, &sect; 1, eff. Nov. 1, 2006; Laws 2013, c. 405, &sect; 2, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2006, c. 21, &sect; 1 repealed by Laws 2007, c. 1, &sect; 44, emerg. eff. Feb. 22, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.4. Repealed by Laws 1998, c. 377, &sect; 7, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.5. Repealed by Laws 1998, c. 377, &sect; 7, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.7. Board of Dentistry - Membership - Tenure - Nomination and election districts - Vacancies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 residence of the dentist members shall be determined by the primary location listed on the dentists' licenses. 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls2"><span class="cls0">C. 1. a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Nominations for the dental hygienist member of the Board shall be by petition signed by at least ten dental hygienists residing in this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls2"><span class="cls0">3.&nbsp;&nbsp;a.&nbsp;&nbsp;Only dentists residing in a district shall be entitled to vote to elect the Board member from that district.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Only dental hygienists residing and licensed in this state shall be entitled to vote to elect the dental hygienist Board member.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">District No. 1: Cimarron, Texas, Beaver, Harper, Woods, Alfalfa, Grant, Kay, Ellis, Woodward, Major, Garfield, Noble, Dewey, Blaine, Kingfisher and Logan.&nbsp;</span></p> <p><span class="cls0">District No. 2: Tulsa and Creek.&nbsp;</span></p> <p><span class="cls0">District No. 3: Roger Mills, Custer, Beckham, Washita, Harmon, Greer, Kiowa, Caddo, Jackson and Tillman.&nbsp;</span></p> <p><span class="cls0">District No. 4: Canadian, Grady, McClain, Comanche, Cotton, Stephens, Jefferson, Garvin, Murray, Carter and Love.&nbsp;</span></p> <p><span class="cls0">District No. 5: Oklahoma.&nbsp;</span></p> <p><span class="cls0">District No. 6: Lincoln, Cleveland, Pottawatomie, Seminole, Okfuskee, Hughes, Pontotoc, Coal, Johnston, Marshall and Bryan.&nbsp;</span></p> <p><span class="cls0">District No. 7: Mayes, Wagoner, Cherokee, Adair, Okmulgee, Muskogee, Sequoyah, McIntosh, Haskell, Pittsburg, Latimer, LeFlore, Atoka, Pushmataha, Choctaw and McCurtain.&nbsp;</span></p> <p><span class="cls0">District No. 8: Osage, Payne, Washington, Nowata, Craig, Ottawa, Rogers, Delaware and Pawnee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 7, eff. July 1, 1970. Amended by Laws 1979, c. 58, &sect; 1, emerg. eff. April 10, 1979; Laws 1985, c. 178, &sect; 30, operative July 1, 1985; Laws 1996, c. 2, &sect; 2, eff. Nov. 1, 1996; Laws 1997, c. 108, &sect; 2, eff. Nov. 1, 1997; Laws 1999, c. 280, &sect; 2, eff. Nov. 1, 1999; Laws 2000, c. 283, &sect; 3, eff. Nov. 1, 2000; Laws 2012, c. 270, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.8. Repealed by Laws 1997, c. 108, &sect; 8, eff. Nov. 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.9. Repealed by Laws 2000, c. 283, &sect; 7, eff. Nov. 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.10. Officers - Election - Tenure - Meetings - Bond - Liability - Expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 10, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 3, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.11. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.12. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.13. Repealed by Laws 1999, c. 280, &sect; 12, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.14. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.15. Powers of Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Board is authorized and empowered to:&nbsp;</span></p> <p><span class="cls0">1. Examine and test the qualifications of applicants for a license or permit to be issued by the Board;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Within limits prescribed in the State Dental Act, set all fees and administrative penalties to be imposed and collected by the Board;&nbsp;</span></p> <p><span class="cls0">6. Employ an Executive Director, legal counsel and other advisors to the Board, including advisory committees;&nbsp;</span></p> <p><span class="cls0">7. Investigate and issue investigative and other subpoenas, pursuant to Article II of the Administrative Procedures Act;&nbsp;</span></p> <p><span class="cls0">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, oral maxillofacial surgery 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;&nbsp;</span></p> <p><span class="cls0">9. Conduct, in a uniform and reasonable manner, inspections of dental offices and dental laboratories and their business records;&nbsp;</span></p> <p><span class="cls0">10. Establish guidelines for courses of study necessary for dental assistants, oral maxillofacial surgery assistants and, when appropriate, issue permits authorizing dental assistants to perform expanded duties;&nbsp;</span></p> <p><span class="cls0">11. Establish continuing education requirements for dentists, dental hygienists, dental assistants and oral maxillofacial surgery assistants who hold permits issued by the Board;&nbsp;</span></p> <p><span class="cls0">12. Recognize the parameters and standards of care established and approved by the American Dental Association;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">14. Seek and receive advice and assistance of the Office of the Attorney General of this state;&nbsp;</span></p> <p><span class="cls0">15. Promote the dental health of the people of this state;&nbsp;</span></p> <p><span class="cls0">16. 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;&nbsp;</span></p> <p><span class="cls0">17. Affiliate with the American Association of Dental Boards as an active member, pay regular dues, and send members of the Board as delegates to its meetings;&nbsp;</span></p> <p><span class="cls0">18. Enter into contracts;&nbsp;</span></p> <p><span class="cls0">19. Acquire by purchase, lease, gift, solicitation of gift or by any other manner, hold, encumber, and dispose of personal property as is needed, maintain, use and operate or contract for the maintenance, use and operation of or lease of any and all property of any kind, real, personal or mixed or any interest therein unless otherwise provided by the State Dental Act; provided, all contracts for real property shall be subject to the provisions of Section 63 of Title 74 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">20. 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&nbsp;</span></p> <p><span class="cls0">21. Take all other actions necessary to implement and enforce the State Dental Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 15, eff. July 1, 1970. Amended by Laws 1981, c. 216, &sect; 1; Laws 1983, c. 304, &sect; 34, eff. July 1, 1983; Laws 1996, c. 2, &sect; 4, eff. Nov. 1, 1996; Laws 1998, c. 377, &sect; 2, eff. Nov. 1, 1998; Laws 2003, c. 172, &sect; 2, emerg. eff. May 5, 2003; Laws 2005, c. 377, &sect; 2, eff. Nov. 1, 2005; Laws 2006, c. 106, &sect; 2, eff. Nov. 1, 2006; Laws 2010, c. 413, &sect; 16, eff. July 1, 2010; Laws 2011, c. 262, &sect; 1, eff. July 1, 2011; Laws 2012, c. 270, &sect; 2, eff. Nov. 1, 2012; Laws 2013, c. 405, &sect; 3, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.15A. Board investigators - Powers.&nbsp;</span></p> <p><span class="cls0">A. Investigators for the Board shall be authorized to:&nbsp;</span></p> <p><span class="cls0">1. Perform such services as are necessary in the investigation of criminal activity or preparation of administrative actions; and&nbsp;</span></p> <p><span class="cls0">2. Investigate and inspect records of all licenses in order to determine whether licensees are in compliance with applicable narcotics and dangerous drug laws and regulations. &nbsp;</span></p> <p><span class="cls0">B. Board investigators certified as peace officers by the Council on Law Enforcement Education and Training shall have statewide jurisdiction to perform the duties authorized by subsection A of this subsection. Such investigators shall have the powers now or hereafter vested in law to peace officers.&nbsp;</span></p> <p><span class="cls0">C. Upon retirement, a Board investigator shall be entitled to receive the continued custody and possession of the sidearm and badge he or she carried immediately prior to retirement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 262, &sect; 7, eff. July 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.15B. Executive Director - Authority.&nbsp;</span></p> <p><span class="cls0">The Board of Dentistry shall employ an Executive Director. The Executive Director shall be authorized to:&nbsp;</span></p> <p class="cls7"><span class="cls0">1. Employ and maintain an office staff;&nbsp;</span></p> <p><span class="cls0">2. Employ one or more investigators who may be certified peace officers who shall be commissioned with all the powers and authority of peace officers of this state;&nbsp;</span></p> <p><span class="cls0">3. Enter into contracts on behalf of the Board; and&nbsp;</span></p> <p><span class="cls0">4. Perform other duties on behalf of the Board as needed or directed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 270, &sect; 3, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.16. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.17. Appointment of dental hygienist to sit with Board.&nbsp;</span></p> <p><span class="cls0">A. The Board of Dentistry shall have power to appoint one dental hygienist in an advisory capacity to sit with the Board to:&nbsp;</span></p> <p><span class="cls0">1. Assist the Board in the administration and enforcement of the dental hygienist provisions of the State Dental Act; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The appointment shall be made from a list of names submitted to the Board by the dental hygienists of this state.&nbsp;</span></p> <p><span class="cls0">C. The appointment shall be for a period of two (2) years or until a successor is appointed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 17, eff. July 1, 1970. Amended by Laws 2003, c. 172, &sect; 3, emerg. eff. May 5, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.18. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.19. Acts constituting practice of dentistry - Acts not prevented.&nbsp;</span></p> <p><span class="cls0">A. The following acts by any person shall be regarded as practicing dentistry within the meaning of the State Dental Act:&nbsp;</span></p> <p><span class="cls0">1. Representing oneself to the public as being a dentist or as one authorized to practice dentistry;&nbsp;</span></p> <p><span class="cls0">2. Representing oneself to the public as being able to diagnose or examine clinical material and contract for the treating thereof;&nbsp;</span></p> <p><span class="cls0">3. Treating or professing to treat by professional instructions;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Removing human teeth;&nbsp;</span></p> <p><span class="cls0">6. Repairing or filling cavities in human teeth;&nbsp;</span></p> <p><span class="cls0">7. Correcting or attempting to correct malposed teeth;&nbsp;</span></p> <p><span class="cls0">8. Administering anesthetics, general or local;&nbsp;</span></p> <p><span class="cls0">9. Treating deformities of the jaws and adjacent structures;&nbsp;</span></p> <p><span class="cls0">10. Using x-ray and interpreting dental x-ray film;&nbsp;</span></p> <p><span class="cls0">11. Offering or undertaking, by any means or methods, to remove stains, discolorations, or concretions from the teeth;&nbsp;</span></p> <p><span class="cls0">12. Operating or prescribing for any disease, pain, injury, deficiency, deformity, or any physical condition connected with the human mouth;&nbsp;</span></p> <p><span class="cls0">13. Taking impressions of the teeth and jaws;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">15. Adjusting or attempting to adjust any prosthetic denture, bridge, appliance, or any other structure to be worn in the human mouth;&nbsp;</span></p> <p><span class="cls0">16. Diagnosing, making, and adjusting appliances to artificial casts of malposed teeth for treatment of the malposed teeth in the human mouth, without instructions;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">18. Owning, maintaining, or operating an office or offices by holding a financial interest in same for the practice of dentistry.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. The practice of dental hygiene, as defined herein, by a person granted a license by the Board;&nbsp;</span></p> <p><span class="cls0">6. The performing of acts by a dental assistant or oral maxillofacial surgery assistant 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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 19, eff. July 1, 1970. Amended by Laws 1999, c. 280, &sect; 3, eff. Nov. 1, 1999; Laws 2003, c. 172, &sect; 4, emerg. eff. May 5, 2003; Laws 2013, c. 405, &sect; 4, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.20. Renumbered as &sect; 328.36a of this title by Laws 1999, c. 280, &sect; 11, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.21. Application for license &ndash; Qualifications - Examination.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Is of good moral character; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A graduate of an accredited dental college, if the applicant is to practice dentistry; or&nbsp;</span></p> <p><span class="cls0">2. A graduate of an accredited dental hygiene program, if the applicant is to practice dental hygiene.&nbsp;</span></p> <p><span class="cls0">The college or program, in either case, shall be accredited by the Commission on Dental Accreditation of the American Dental Association.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a written theoretical examination,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a clinical examination, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a written jurisprudence examination, relating to the contents and interpretation of the State Dental Act and the rules of the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The Board shall require every applicant for a license to practice dentistry or dental hygiene to:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. No person shall practice as a dental assistant or oral maxillofacial surgery assistant for more than one (1) day in a calendar year without having obtained a permit as a dental assistant or oral maxillofacial surgery assistant from the Board of Dentistry within thirty (30) days of beginning employment.&nbsp;</span></p> <p><span class="cls0">Any person seeking to obtain a dental assistant or oral maxillofacial surgery assistant permit must have a supervising dentist currently licensed in Oklahoma and complete the requirements set forth by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 21, eff. July 1, 1970. Amended by Laws 1981, c. 216, &sect; 2; Laws 1999, c. 280, &sect; 5, eff. Nov. 1, 1999; Laws 2003, c. 172, &sect; 5, emerg. eff. May 5, 2003; Laws 2013, c. 405, &sect; 5, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.22. Specialty license.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;has successfully completed an advanced dental specialty educational program accredited by the Commission on Dental Accreditation of the American Dental Association, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;has been issued a dental specialty license by the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;has successfully completed an advanced dental specialty educational program accredited by the Commission on Dental Accreditation of the American Dental Association, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The Board may require:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;that the state from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dentists of this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 22, eff. July 1, 1970. Amended by Laws 1998, c. 377, &sect; 3, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.23. Licensing of out-of-state dentists - Certificate of good standing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The Board may require:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;that the state from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dentists of this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The President of the Board, upon verification that a person meets the requirements provided for in this section and any other requirements provided for in the State Dental Act, may issue a temporary license to practice dentistry for thirty (30) days. A temporary license may be extended but shall not exceed ninety (90) days or the next available regularly scheduled Board meeting.&nbsp;</span></p> <p><span class="cls0">D. The President of the Board may authorize patient treatment and care to individuals taking the Western Regional Examining Board Exam to complete criteria related to Board examinations and may authorize specialty examinations to be given throughout the year as needed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 23, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 6, eff. Nov. 1, 1996; Laws 1998, c. 377, &sect; 4, eff. Nov. 1, 1998; Laws 2012, c. 270, &sect; 4, eff. Nov. 1, 2012; Laws 2013, c. 405, &sect; 6, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.23a. Special volunteer licenses.&nbsp;</span></p> <p><span class="cls0">A. There is established a special volunteer license for dentists and a special volunteer license for dental hygienists who are retired from active practice or out-of-state licensees in active practice who are in the Oklahoma Medical Reserve Corps or assisting with emergency management, emergency operations, or hazard mitigation in response to any emergency, man-made disaster, or natural disaster, or participating in public health initiatives, disaster drills, and community service events that are endorsed by a city, county, or state health department in the state and wish to donate their expertise for the dental care and treatment of indigent and needy persons of the state. The special volunteer license shall be:&nbsp;</span></p> <p><span class="cls0">1. Issued by the Board of Dentistry to eligible persons;&nbsp;</span></p> <p><span class="cls0">2. Issued without the payment of an application fee, license fee or renewal fee;&nbsp;</span></p> <p><span class="cls0">3. Issued or renewed without any continuing education requirements for a period less than one (1) fiscal year; and&nbsp;</span></p> <p><span class="cls0">4. Issued for one fiscal year or part thereof.&nbsp;</span></p> <p><span class="cls0">B. A dentist or dental hygienist must meet the following requirements to be eligible for a special volunteer license:&nbsp;</span></p> <p><span class="cls0">1. Completion of a special volunteer dental or dental hygiene license application, including documentation of the dentist&rsquo;s dental or dental hygiene school graduation and practice history;&nbsp;</span></p> <p><span class="cls0">2. Documentation that the dentist or dental hygienist has been previously issued a full and unrestricted license to practice dentistry or dental hygiene in Oklahoma or in another state of the United States and that he or she has never been the subject of any medical or dental disciplinary action in any jurisdiction. If the dentist or dental hygienist is licensed in more than one state and any license of the licensee is suspended, revoked, or subject to any agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction, the dentist or dental hygienist shall be ineligible to receive a special volunteer license;&nbsp;</span></p> <p><span class="cls0">3. Acknowledgement and documentation that the dentist&rsquo;s or dental hygienist&rsquo;s practice under the special volunteer license will be exclusively and totally devoted to providing dental care to needy and indigent persons in Oklahoma; and&nbsp;</span></p> <p><span class="cls0">4. Acknowledgement and documentation that the dentist or dental hygienist 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 license.&nbsp;</span></p> <p><span class="cls0">C. The Board of Dentistry shall have jurisdiction over dentists, dental hygienists, dental assistants, and dental technicians who volunteer their professional services in the state. Dental assistants and dental technicians shall work under the direct supervision of a dentist.&nbsp;</span></p> <p><span class="cls0">D. Dental assistants and dental technicians shall not be required to obtain a volunteer license. Volunteers in a volunteer initiative who are not dentists or dental hygienists shall be named and provided on a list to the Board by the entity hosting the volunteer initiative. The Board shall provide written documentation to the host entity designating all persons who may participate in the volunteer initiative, including authorization of the timetable requested by the host entity for granting licensure exemption.&nbsp;</span></p> <p><span class="cls0">E. All persons providing care shall do so under the provisions specified in Section 328.1 et seq. of this title or rules promulgated by the Board. Only those functions authorized by law or administrative rule shall be performed by the named person approved by the Board.&nbsp;</span></p> <p><span class="cls0">F. Volunteers shall not use sedation or general anesthesia during volunteer procedures.&nbsp;</span></p> <p><span class="cls0">G. Volunteers shall use a form to be provided by the Board for any patient with clear instructions for any and all follow-up care.&nbsp;</span></p> <p><span class="cls0">H. At any time, the Board shall revoke a volunteer license based on documentation of failure to participate according to state laws or administrative rules.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 138, &sect; 3, eff. Nov. 1, 2003. Amended by Laws 2009, c. 192, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59328.24. Dental hygienists from other states or territories Certificate of ability Certificate for member removing to another state or territory.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The Board may require:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;that the state or territory from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dental hygienists of this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 24, eff. July 1, 1970. Amended by Laws 2000, c. 283, &sect; 4, eff. Nov. 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59328.25. Temporary certificate of ability to practice dental hygiene.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 25, eff. July 1, 1970. Amended by Laws 2000, c. 283, &sect; 5, eff. Nov. 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.26. Dental intern or resident permits.&nbsp;</span></p> <p><span class="cls0">A. The Board of Dentistry may, without examination, issue a dental intern, resident or fellowship permit to a student or graduate of an approved dental school or college, who is otherwise qualified, upon request of the dean or 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.&nbsp;</span></p> <p><span class="cls0">B. A dental intern, resident or fellowship 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.&nbsp;</span></p> <p><span class="cls0">C. A dental intern, resident or fellowship 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, resident or fellowship permit will be employed.&nbsp;</span></p> <p><span class="cls0">D. A dental intern, resident or fellowship permit shall automatically expire when the permit holder is no longer participating in the program offered by the college of dentistry or the accredited dental college.&nbsp;</span></p> <p><span class="cls0">E. The issuance of a dental intern, resident or fellowship permit by the Board shall in no way be considered a guarantee or predetermination of any person to receive a full license issued by the Board.&nbsp;</span></p> <p><span class="cls0">F. Dental intern or resident permits may be renewed annually at the discretion of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 26, eff. July 1, 1970. Amended by Laws 1990, c. 51, &sect; 121, emerg. eff. April 9, 1990; Laws 1996, c. 2, &sect; 7, eff. Nov. 1, 1996; Laws 2012, c. 270, &sect; 5, eff. Nov. 1, 2012; Laws 2013, c. 405, &sect; 7, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.27. Faculty permits.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is a graduate of a school of dentistry approved by the Board and is licensed to practice dentistry in another state or country,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;successfully completes advanced training in a specialty approved by the Commission on Dental Accreditation of the American Dental Association, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;is a graduate of an accredited dental hygiene program and is licensed to practice dental hygiene in another state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. Following the first year of employment, the faculty permit holder shall show proof of passing an appropriate clinical board examination recognized by the Board of Dentistry.&nbsp;</span></p> <p><span class="cls0">4. 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Dean of an accredited dental or hygiene program may petition the Board to allow a visiting faculty member to have a visiting faculty permit not to exceed one (1) year, based on a showing of criteria that the individual possesses specialty knowledge in a specific area that would benefit the college or program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 27, eff. July 1, 1970. Amended by Laws 1999, c. 280, &sect; 6, eff. Nov. 1, 1999; Laws 2005, c. 377, &sect; 3, eff. Nov. 1, 2005; Laws 2011, c. 262, &sect; 2, eff. July 1, 2011; Laws 2013, c. 405, &sect; 8, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.28. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.28a. Applicant criminal background check.&nbsp;</span></p> <p><span class="cls0">A. Beginning January 2014, every applicant for any type of license or permit issued by the Board of Dentistry shall be subject to a criminal background check.&nbsp;</span></p> <p><span class="cls0">B. Each applicant shall submit two completed fingerprint cards as required by the Board. The fingerprint cards shall be required to be in a clear, readable format acceptable to the Oklahoma State Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">C. Each applicant shall include a money order or cashier's check made payable to the Oklahoma State Bureau of Investigation or the Board for the purposes of a local and national criminal background check.&nbsp;</span></p> <p><span class="cls0">D. The Board shall forward the fingerprint cards, along with the applicable fee for a national fingerprint criminal history records search, to the Bureau.&nbsp;</span></p> <p><span class="cls0">E. The Bureau shall retain one set of fingerprints in the Automated Fingerprint Identification System and submit the other set to the Federal Bureau of Investigation for a national criminal history records search.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 270, &sect; 6, eff. Nov. 1, 2012. Amended by Laws 2013, c. 405, &sect; 9, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59328.29. Unlawful practices for dental hygienists.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any dental hygienist to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Place his or her name in any city, commercial or other directory;&nbsp;</span></p> <p><span class="cls0">3. Place his or her name in the classified section of a telephone directory;&nbsp;</span></p> <p><span class="cls0">4. Offer free dental service or examination as an inducement to gain patronage;&nbsp;</span></p> <p><span class="cls0">5. Claim the use of any secret or patented methods or treatments;&nbsp;</span></p> <p><span class="cls0">6. Employ or use solicitors to obtain patronage;&nbsp;</span></p> <p><span class="cls0">7. Pay or accept commission in any form or manner as compensation for referring patients to any person for professional services;&nbsp;</span></p> <p><span class="cls0">8. In any way advertise as having ability to diagnose or prescribe for any treatment;&nbsp;</span></p> <p><span class="cls0">9. Publish any schedule or comparative prices or fees for his or her services;&nbsp;</span></p> <p><span class="cls0">10. Claim or infer superiority over other dental hygienists;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. A writ of injunction without bond shall be made available to the Board of Dentistry for the enforcement of the State Dental Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 29, eff. July 1, 1970. Amended by Laws 2003, c. 171, &sect; 1, emerg. eff. May 5, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.29a. Dental assistant &ndash; Revocation or suspension of permit, probation or censure &ndash; Reinstatement.&nbsp;</span></p> <p><span class="cls0">A. The Board of Dentistry shall have the power, after a hearing, to revoke or suspend a permit of a dental assistant or oral maxillofacial surgery assistant or to discipline by a probation or censure, public or private, for:&nbsp;</span></p> <p><span class="cls0">1. Any of the causes now existing in the laws of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. A violation of the provisions of the State Dental Act; or&nbsp;</span></p> <p><span class="cls0">3. A violation of the rules of the Board promulgated pursuant to the State Dental Act.&nbsp;</span></p> <p><span class="cls0">B. The Board shall also have the power to act upon a petition by a dental assistant or oral maxillofacial surgery 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 or oral maxillofacial surgery 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 or oral maxillofacial surgery assistant involved by registered mail to the last-known official address as recorded by the Board.&nbsp;</span></p> <p><span class="cls0">C. The decision shall be final unless the dental assistant or oral maxillofacial surgery assistant appeals the decision as provided by the State Dental Act.&nbsp;</span></p> <p><span class="cls0">D. The Board shall have power to revoke or suspend the permit, censure, or place on probation a dental assistant or oral maxillofacial surgery assistant for a violation of one or more of the following:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The presentation to the Board of false application or documentation for a permit;&nbsp;</span></p> <p><span class="cls0">3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue to function as a dental assistant or oral maxillofacial surgery assistant;&nbsp;</span></p> <p><span class="cls0">4. Functioning outside the supervision of a dentist;&nbsp;</span></p> <p><span class="cls0">5. Performing any function prohibited by Chapter 15 of the Oklahoma Administrative Code or any violation that would be a violation for a dentist or hygienist under Section 328.32 or 328.33 of this title; or&nbsp;</span></p> <p><span class="cls0">6. Failure to secure an annual registration as specified in Section 328.41 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 377, &sect; 4, eff. Nov. 1, 2005. Amended by Laws 2013, c. 405, &sect; 10, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.30. Repealed by Laws 1998, c. 377, &sect; 7, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.31. Professional entities formed for practice of dentistry.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 the renewal period of each year. The Board shall:&nbsp;</span></p> <p><span class="cls0">1. Provide the form and establish the fee for the registration and update;&nbsp;</span></p> <p><span class="cls0">2. Maintain a registry of all such professional entities; and&nbsp;</span></p> <p><span class="cls0">3. Publish annually a summary of the registry.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 31, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 8, eff. Nov. 1, 1996; Laws 2013, c. 405, &sect; 11, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.31a. Use of trade names &ndash; Rules regulating advertisements.&nbsp;</span></p> <p><span class="cls0">A. One dentist or multiple dentists may use a trade name in connection with the practice of dentistry provided that:&nbsp;</span></p> <p><span class="cls0">1. The use of the trade name shall not be false, fraudulent or misleading;&nbsp;</span></p> <p><span class="cls0">2. The name of the dentist or dentists actually providing the dental services to the patient shall appear on all billing invoices or statements sent to the patient and on all receipts if any are given to the patient;&nbsp;</span></p> <p><span class="cls0">3. Treatment records shall be maintained for each patient that clearly identify the dentist or dentists who performed all dental services for the patient; and&nbsp;</span></p> <p><span class="cls0">4. When one dentist or multiple dentists make an advertisement in the trade name or the trade name is included in an advertisement, a copy of the advertisement, including but not limited to any electronic form of the advertising, shall be kept by the dentist or dentists for three (3) years from the first publication date of the advertisement.&nbsp;</span></p> <p><span class="cls0">B. The Board of Dentistry shall promulgate rules regulating advertisements in which one dentist or multiple dentists use a trade name.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 2, &sect; 9, eff. Nov. 1, 1996. Amended by Laws 2009, c. 192, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.32. Dentists - Grounds for penalties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Presenting to the Board a false diploma, license, or certificate, or one obtained by fraud or illegal means;&nbsp;</span></p> <p><span class="cls0">3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dentistry;&nbsp;</span></p> <p><span class="cls0">4. Publishing a false, fraudulent, or misleading advertisement or statement;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Authorizing or aiding a dental hygienist to perform any procedure prohibited by the State Dental Act or the rules of the Board;&nbsp;</span></p> <p><span class="cls0">7. Authorizing or aiding a dental assistant or oral maxillofacial surgery assistant to perform any procedure prohibited by the State Dental Act or the rules of the Board;&nbsp;</span></p> <p><span class="cls0">8. Failing to pay fees as required by the State Dental Act or the rules of the Board;&nbsp;</span></p> <p><span class="cls0">9. Failing to complete continuing education requirements;&nbsp;</span></p> <p><span class="cls0">10. Representing himself or herself to the public as a specialist in a dental specialty without holding a dental specialty license therefor;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">12. Endangering the health of patients by reason of having a highly communicable disease and continuing to practice dentistry without taking appropriate safeguards;&nbsp;</span></p> <p><span class="cls0">13. Practicing dentistry in an unsafe or unsanitary manner or place, including but not limited to repeated failures to follow Centers for Disease Control (CDC) or Occupational Health Safety Administration (OSHA) guidelines;&nbsp;</span></p> <p><span class="cls0">14. Being shown to be mentally unsound;&nbsp;</span></p> <p><span class="cls0">15. Being shown to be grossly immoral and that such condition represents a threat to patient care or treatment;&nbsp;</span></p> <p><span class="cls0">16. Being incompetent to practice dentistry while delivering care to a patient;&nbsp;</span></p> <p><span class="cls0">17. Committing gross negligence in the practice of dentistry;&nbsp;</span></p> <p><span class="cls0">18. Committing repeated acts of negligence in the practice of dentistry;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">20. Being involuntarily committed to an institution for treatment for substance abuse, until recovery or remission;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">23. Having more than the equivalent of three full-time dental hygienists for each dentist actively practicing in the same dental office who will supervise the dental hygienists, dental assistants, or oral maxillofacial surgery assistants;&nbsp;</span></p> <p><span class="cls0">24. Allowing a person not holding a permit or license issued by the Board to assist in the treatment of a patient without having a license or permit issued by the Board;&nbsp;</span></p> <p><span class="cls0">25. 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;&nbsp;</span></p> <p><span class="cls0">26. Authorizing or aiding a dental hygienist, dental assistant, oral maxillofacial surgery 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;&nbsp;</span></p> <p><span class="cls0">27. Willfully disclosing confidential information;&nbsp;</span></p> <p><span class="cls0">28. Writing a false, unnecessary, or excessive prescription for any drug or narcotic which is a controlled dangerous substance under either federal or state law;&nbsp;</span></p> <p><span class="cls0">29. Prescribing or administering any drug or treatment without having established a valid dentist-patient relationship;&nbsp;</span></p> <p><span class="cls0">30. Using or administering nitrous oxide gas in a dental office in an inappropriate or unauthorized manner;&nbsp;</span></p> <p><span class="cls0">31. 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;&nbsp;</span></p> <p><span class="cls0">32. 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;&nbsp;</span></p> <p><span class="cls0">33. Being dishonest in a material way with a patient;&nbsp;</span></p> <p><span class="cls0">34. Failing to retain all patient records for at least three (3) years from the date of the last treatment, 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;&nbsp;</span></p> <p><span class="cls0">35. 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;&nbsp;</span></p> <p><span class="cls0">36. 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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;limit a patient's right of informed consent, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">37. 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;&nbsp;</span></p> <p><span class="cls0">38. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice;&nbsp;</span></p> <p><span class="cls0">39. 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; or&nbsp;</span></p> <p><span class="cls0">40. Failing to cooperate during an investigation or providing false information, verbally or in writing, to the Board, the Board's investigator or an agent of the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 32, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 10, eff. Nov. 1, 1996; Laws 1998, c. 377, &sect; 5, eff. Nov. 1, 1998; Laws 2000, c. 283, &sect; 6, eff. Nov. 1, 2000; Laws 2011, c. 262, &sect; 3, eff. July 1, 2011; Laws 2012, c. 270, &sect; 7, eff. Nov. 1, 2012; Laws 2013, c. 405, &sect; 12, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.33. Revocation or suspension of license of dental hygienist or discipline by probation or reprimand.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Any of the causes now existing in the laws of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. A violation of the provisions of the State Dental Act; or&nbsp;</span></p> <p><span class="cls0">3. A violation of the rules of the Board promulgated pursuant to the State Dental Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. 1. The decision shall be final unless the dental hygienist appeals the decision as provided by the State Dental Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The presentation to the Board of a false diploma, license or certificate, or one obtained by fraud or illegal means;&nbsp;</span></p> <p><span class="cls0">3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dental hygiene;&nbsp;</span></p> <p><span class="cls0">4. Has been guilty of dishonorable or unprofessional conduct;&nbsp;</span></p> <p><span class="cls0">5. Has failed to pay registration fees as provided by the State Dental Act;&nbsp;</span></p> <p><span class="cls0">6. Is a menace to the public health by reason of communicable disease;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Is grossly immoral;&nbsp;</span></p> <p><span class="cls0">9. Is incompetent in the practice of dental hygiene;&nbsp;</span></p> <p><span class="cls0">10. Is guilty of willful negligence in the practice of dental hygiene;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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; or&nbsp;</span></p> <p><span class="cls0">17. Any violation that would otherwise be a violation for a dentist under 328.32 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 33, eff. July 1, 1970. Amended by Laws 2003, c. 171, &sect; 2, emerg. eff. May 5, 2003; Laws 2013, c. 405, &sect; 13, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.34. Practice of dental hygiene under supervision of dentist &ndash; Delegation of duties to dental hygienist &ndash; Authorization of advanced procedures.&nbsp;</span></p> <p><span class="cls0">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 three full-time dental hygienists for each dentist actively practicing in the same dental office.&nbsp;</span></p> <p><span class="cls0">B. 1. A dentist may delegate to a dental hygienist the following procedures:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the duties and expanded duties authorized for dental assistants by the State Dental Act or the rules of the Board of Dentistry,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;health history assessment pertaining to dental hygiene,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;dental hygiene examination and the charting of intra-oral and extra-oral conditions, which include periodontal charting, dental charting and classifying occlusion,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;dental hygiene assessment and treatment planning for procedures authorized by the supervisory dentist,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;periodontal scaling and root planing,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;dental hygiene nutritional and dietary evaluation,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;placement of subgingival prescription drugs for prevention and treatment of periodontal disease,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;soft tissue curettage,&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;placement of temporary fillings,&nbsp;</span></p> <p class="cls2"><span class="cls0">k.&nbsp;&nbsp;removal of overhanging margins,&nbsp;</span></p> <p class="cls2"><span class="cls0">l.&nbsp;&nbsp;dental implant maintenance,&nbsp;</span></p> <p class="cls2"><span class="cls0">m.&nbsp;&nbsp;removal of periodontal packs,&nbsp;</span></p> <p class="cls2"><span class="cls0">n.&nbsp;&nbsp;polishing of amalgam restorations, and&nbsp;</span></p> <p class="cls2"><span class="cls0">o.&nbsp;&nbsp;other procedures authorized by the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the dental hygienist has at least two (2) years experience in the practice of dental hygiene,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the authorization to perform the procedures is in writing and signed by the dentist, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the procedures are performed during an initial visit to a person in a treatment facility.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The Board is authorized to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Establish guidelines for courses of study necessary for a dental hygienist to perform advanced procedures;&nbsp;</span></p> <p><span class="cls0">3. Issue authorization to perform advanced procedures to those dental hygienists who meet the eligibility requirements; and&nbsp;</span></p> <p><span class="cls0">4. Establish the level of supervision, whether direct, indirect or general, under which the advanced procedures may be performed.&nbsp;</span></p> <p><span class="cls0">F. A dental hygienist shall not own or operate an independent practice of dental hygiene.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 34, eff. July 1, 1970. Amended by Laws 2003, c. 171, &sect; 3, emerg. eff. May 5, 2003; Laws 2013, c. 405, &sect; 14, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.35. Repealed by Laws 1999, c. 280, &sect; 12, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.36. Permit to operate dental laboratory.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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. The Board may inspect any dental laboratory prior to the issuance of any permit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Nothing in the State Dental Act shall be construed to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The dental laboratory shall make available to the prescribing dentist, Board, or agent or employee of the Board:&nbsp;</span></p> <p><span class="cls0">1. A list of all materials in the composition of the final appliance;&nbsp;</span></p> <p><span class="cls0">2. The location where the appliance was fabricated, including the name, address, telephone number and Food and Drug Administration registration number, if applicable, of the person or entity performing the work; and&nbsp;</span></p> <p><span class="cls0">3. A description of all disinfection methods used in the fabrication of the appliance.&nbsp;</span></p> <p><span class="cls0">E. No permit shall be required for a licensed dentist in the State of Oklahoma, the licensed dentist's dental practice on-site dental lab, the licensed dentist's physical practice, or the licensed dentist's CAD or CAM technology used for fabricating dental prostheses including crowns, bridges and other dental restorations. If the licensed dentist provides dental prostheses for other licensed dentists in the State of Oklahoma, then the dental laboratory portion of the practice shall be required to have a permit as it is functioning as a commercial dental laboratory.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 36, eff. July 1, 1970. Amended by Laws 1981, c. 79, &sect; 1; Laws 1996, c. 2, &sect; 11, eff. Nov. 1, 1996; Laws 1999, c. 280, &sect; 7, eff. Nov. 1, 1999; Laws 2010, c. 129, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.36a. Laboratory prescriptions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Laboratory prescriptions issued by a dentist shall be on forms containing the minimum information required by subsection D of this section and shall be produced or printed by each dentist. Such forms shall be provided by the Board of Dentistry or downloaded from the Board&rsquo;s website. All forms 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.&nbsp;</span></p> <p><span class="cls0">C. The patient&rsquo;s name or the identification 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.&nbsp;</span></p> <p><span class="cls0">D. At a minimum, prescriptions shall contain the following information:&nbsp;</span></p> <p><span class="cls0">1. The name and address of the dental laboratory;&nbsp;</span></p> <p><span class="cls0">2. The patient&rsquo;s name and/or identifying number. In the event such identifying number is used, the name of the patient shall be written on a copy of the prescription retained by the dentist;&nbsp;</span></p> <p><span class="cls0">3. A description of the work to be completed with diagrams, if applicable;&nbsp;</span></p> <p><span class="cls0">4. A description of the type of materials to be used;&nbsp;</span></p> <p><span class="cls0">5. The actual date on which the authorization or prescription was written or completed;&nbsp;</span></p> <p><span class="cls0">6. The signature in ink or by electronic method of the dentist issuing the prescription and the state license number and address of such dentist; and&nbsp;</span></p> <p><span class="cls0">7. A section to be completed by the dental laboratory and returned to the issuing dentist that shall disclose all information and certify that the information is accurate by including the signature of a reasonable part of the primary contractor.&nbsp;</span></p> <p><span class="cls0">E. The Board shall make readily available a sample form on the Board&rsquo;s website for use by any licensee at no cost.&nbsp;</span></p> <p><span class="cls0">F. A dentist may produce, transfer and retain copies of the form electronically.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 20, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 5, eff. Nov. 1, 1996; Laws 1999, c. 280, &sect; 4, eff. Nov. 1, 1999. Renumbered from Title 59, &sect; 328.20 by Laws 1999, c. 280, &sect; 11, eff. Nov. 1, 1999. Amended by Laws 2011, c. 262, &sect; 4, eff. July 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.37. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.38. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.39. Dental laboratory technicians - Grounds for penalties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Publishing a false, fraudulent or misleading advertisement or statement;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Failing to return a prescribed work product to the prescribing dentist or the dental office of the dentist;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Possessing dental equipment not necessary for performing dental laboratory technology;&nbsp;</span></p> <p><span class="cls0">7. Being dishonest in a material way with a dentist; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 39, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 12, eff. Nov. 1, 1996; Laws 1999, c. 280, &sect; 8, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.39a. Dental laboratory permit holders - Grounds for penalties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Publishing a false, fraudulent or misleading advertisement or statement;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Failing to return a prescribed work product to a prescribing dentist or the dental office of the dentist;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. Possessing dental equipment not necessary for performing dental laboratory technology;&nbsp;</span></p> <p><span class="cls0">8. Failing to pay fees as required by the State Dental Act or the rules of the Board;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">10. Being dishonest in a material way with a dentist;&nbsp;</span></p> <p><span class="cls0">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; or&nbsp;</span></p> <p><span class="cls0">12. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 2, &sect; 13, eff. Nov. 1, 1996. Amended by Laws 1999, c. 280, &sect; 9, eff. Nov. 1, 1999; Laws 2012, c. 270, &sect; 8, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.40. Repealed by Laws 1999, c. 280, &sect; 12, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.41. Renewal certificate &ndash; Fee &ndash; Waiver &ndash; Automatic cancellation.&nbsp;</span></p> <p><span class="cls0">A. On or before the first day of January of each year, every dentist, dental hygienist, dental assistant, oral maxillofacial surgery assistant and other licensee or permit holders previously licensed or permitted by the Board to practice in this state shall submit a renewal application with 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, dental hygienist, dental assistant, or oral maxillofacial surgery assistant to continue the practice of dentistry or dental hygiene, respectively, in this state for a period of one (1) year. Every license or permit issued by the Board shall expire on December 31 of each year.&nbsp;</span></p> <p><span class="cls0">B. Upon failure of a dentist, dental hygienist, dental assistant, or oral maxillofacial surgery assistant to pay the annual renewal fee within two (2) months after January 1, the Board shall notify the dentist, dental hygienist, dental assistant, or oral maxillofacial surgery assistant in writing by certified mail to the last-known mailing address of the dentist, dental hygienist, dental assistant, or oral maxillofacial surgery assistant as reflected in the records of the Board.&nbsp;</span></p> <p><span class="cls0">C. Any dentist, dental hygienist, dental assistant, or oral maxillofacial surgery assistant whose license or permit 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 one (1) year from the date of the expiration of the license, upon payment of the annual renewal fee and a penalty fee established by the rules of the Board. If the dentist, dental hygienist, dental assistant, or oral maxillofacial surgery assistant does not apply for renewal of the license or permit and pay the required fees within one (1) year after the license has expired, then the dentist, dental hygienist, dental assistant, or oral maxillofacial surgery assistant shall be required to file an application for and take the examination or other requirements provided for in the State Dental Act or the rules promulgated by the Board before again commencing practice.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 seventy (70) 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 41, eff. July 1, 1970. Amended by Laws 1999, c. 280, &sect; 10, eff. Nov. 1, 1999; Laws 2003, c. 172, &sect; 6, emerg. eff. May 5, 2003; Laws 2012, c. 270, &sect; 9, eff. Nov. 1, 2012; Laws 2013, c. 405, &sect; 15, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.42. State Dental Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 42, eff. July 1, 1970. Amended by Laws 1979, c. 47, &sect; 36, emerg. eff. April 9, 1979; Laws 1996, c. 2, &sect; 14, eff. Nov. 1, 1996; Laws 2012, c. 304, &sect; 263.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.43. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.43a. Complaints - Review panels - Recommendations - Dismissal of complaint.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A violation of the provisions of the State Dental Act or the rules of the Board has occurred; and&nbsp;</span></p> <p><span class="cls0">2. The person named in the complaint has committed the violation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The Board shall determine whether to accept or reject the recommendation that an individual proceeding be initiated.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">5. The review panel may decide to enter into a public or private settlement agreement with the respondent. A public or private settlement agreement:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;shall specify the provisions of the State Dental Act or the rules of the Board which such person is alleged to have violated,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;may contain any of the penalties specified in Section 328.44a of this title, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;may contain any other provisions agreeable to the review panel and the person involved.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;suspension of a license or permit issued by the Board,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;revocation of a license or permit issued by the Board,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;issuance of a censure,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;placement on probation,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;restriction of the services that can be provided by a dentist or a dental hygienist, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. A review panel may act without complying with the Oklahoma Open Meeting Act.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. During an investigation into allegations of violations of the State Dental Act, including but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any review or investigation made to determine whether to allow an applicant to take an examination, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;whether the Board shall grant a license, certificate, or permit;&nbsp;</span></p> <p><span class="cls0">2. In the course of conducting an investigation;&nbsp;</span></p> <p><span class="cls0">3. Reviewing investigative reports provided to the Board by a registrant; and&nbsp;</span></p> <p><span class="cls0">4. Receiving and reviewing examination and test scores.&nbsp;</span></p> <p><span class="cls0">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 Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">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 for:&nbsp;</span></p> <p><span class="cls0">1. Matters directly related to actions of the Board; or&nbsp;</span></p> <p><span class="cls0">2. Matters where criminal charges are filed in a municipal, district or federal court action.&nbsp;</span></p> <p><span class="cls0">All other information and investigation records where complaints have not been found to be actionable in either an administrative, civil or criminal matter shall not be open to the public.&nbsp;</span></p> <p><span class="cls0">Information obtained by the Board or its agents shall not be admissible as evidence in any other type of civil or criminal action.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 2, &sect; 15, eff. Nov. 1, 1996. Amended by Laws 1997, c. 108, &sect; 6, eff. Nov. 1, 1997; Laws 2003, c. 172, &sect; 7, emerg. eff. May 5, 2003; Laws 2005, c. 377, &sect; 5, eff. Nov. 1, 2005; Laws 2012, c. 270, &sect; 10, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.44. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.44a. Penalties - Judicial review.&nbsp;</span></p> <p><span class="cls0">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, oral maxillofacial surgery 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:&nbsp;</span></p> <p><span class="cls0">1. Refusal to issue a license or permit, or a renewal thereof, provided for in the State Dental Act;&nbsp;</span></p> <p><span class="cls0">2. Suspension of a license or permit issued by the Board for a period of time deemed appropriate by the Board;&nbsp;</span></p> <p><span class="cls0">3. Revocation of a license or permit issued by the Board;&nbsp;</span></p> <p><span class="cls0">4. Imposition of an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation;&nbsp;</span></p> <p><span class="cls0">5. Issuance of a censure;&nbsp;</span></p> <p><span class="cls0">6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;&nbsp;</span></p> <p><span class="cls0">7. Probation monitoring fees, which shall be the responsibility of the licensee on all probations;&nbsp;</span></p> <p><span class="cls0">8. 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&nbsp;</span></p> <p><span class="cls0">9. Assessment for the cost of the investigation and hearing process including attorney fees.&nbsp;</span></p> <p><span class="cls0">B. A dentist, dental hygienist, dental assistant, oral maxillofacial surgery 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 2, &sect; 16, eff. Nov. 1, 1996. Amended by Laws 2003, c. 172, &sect; 8, emerg. eff. May 5, 2003; Laws 2005, c. 377, &sect; 6, eff. Nov. 1, 2005; Laws 2011, c. 262, &sect; 5, eff. July 1, 2011; Laws 2013, c. 405, &sect; 16, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.44b. Surrender of license, permit, or certificate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 377, &sect; 7, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.45. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.46. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.47. Repealed by Laws 1996, c. 2, &sect; 22, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59328.48. Annual statement of receipts and expenditures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 48, eff. July 1, 1970. Amended by Laws 2003, c. 172, &sect; 9, emerg. eff. May 5, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.49. Unlawful practices - Criminal and civil actions.&nbsp;</span></p> <p><span class="cls0">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 practice or attempt to practice dentistry or dental hygiene without proper authorization from the Board.&nbsp;</span></p> <p><span class="cls0">B. 1. It shall be unlawful for any person, except a licensed dentist, to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;practice or attempt to practice dentistry,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;hold oneself out to the public as a dentist or as a person who practices dentistry, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">2. It shall be unlawful for any person, except a registered dental hygienist, to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;practice or attempt to practice dental hygiene,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;hold oneself out to the public as a dental hygienist or as a person who practices dental hygiene, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">3. It shall be unlawful for any person to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;give false or fraudulent evidence or information to the Board in an attempt to obtain any license or permit from the Board, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;aid or abet another person in violation of the State Dental Act.&nbsp;</span></p> <p><span class="cls0">4. Each day a person is in violation of any provision of this subsection shall constitute a separate criminal offense and, in addition, the district attorney may file a separate charge of medical battery for each person who is injured as a result of treatment performed in violation of this subsection.&nbsp;</span></p> <p><span class="cls0">C. 1. If a person violates any of the provisions of subsection B of this section, the Board shall refer the alleged violation to the district attorney of the county in which the violation is alleged to have occurred to bring a criminal action in that county against the person. At the request of the Board, district attorney or Attorney General, attorneys employed or contracted by the Board may assist the district attorney or Attorney General in prosecuting charges under the State Dental Act or any violation of law relating to or arising from an investigation conducted by the Board of Dentistry upon approval of the Board or the Executive Director.&nbsp;</span></p> <p><span class="cls0">2. Any person who violates any of the provisions of paragraph 1 or 3 of subsection B of this section, upon conviction, shall be guilty of a felony punishable by a fine in an amount not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the county jail for a term of not more than one (1) year or imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Any person who violates any of the provisions of paragraph 2 of subsection B of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine in an amount not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for a term of not more than ninety (90) days, or by both such fine and imprisonment. Any second or subsequent violation of paragraph 2 of subsection B of this section, upon conviction, shall be a felony punishable by a fine in an amount not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for a term of not more than one (1) year or imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">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 a civil action filed pursuant to this subsection, the prevailing party shall be entitled to recover costs and reasonable attorney fees.&nbsp;</span></p> <p><span class="cls0">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 a term of 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) nor more than One Thousand Dollars ($1,000.00). 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 173, &sect; 49, eff. July 1, 1970. Amended by Laws 1996, c. 2, &sect; 17, eff. Nov. 1, 1996; Laws 2003, c. 172, &sect; 10, emerg. eff. May 5, 2003; Laws 2008, c. 358, &sect; 1, eff. Nov. 1, 2008; Laws 2012, c. 270, &sect; 11, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.50. Repealed by Laws 2000, c. 283, &sect; 7, eff. Nov. 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;59-328.51a. Fees.&nbsp;</span></p> <p><span class="cls0">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. The penalty and late fee shall be twice the amount of the original fee for license renewals. 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:&nbsp;</span></p> <p><span class="cls0">1. LICENSE AND PERMIT APPLICATION FEES:&nbsp;</span></p> <p class="cls2"><span class="cls0">&nbsp;&nbsp;Minimum&nbsp;&nbsp;Maximum&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;License by Examination&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$200.00&nbsp;&nbsp;$400.00&nbsp;</span></p> <p class="cls3"><span class="cls0">Dental Hygienist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;License by Credentialing&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$500.00&nbsp;&nbsp;$1,000.00&nbsp;</span></p> <p class="cls3"><span class="cls0">Dental Hygienist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">c.&nbsp;&nbsp;Dental Specialty License by Examination &nbsp;&nbsp;$300.00&nbsp;&nbsp;$600.00&nbsp;</span></p> <p class="cls8"><span class="cls0">d.&nbsp;&nbsp;Dental Specialty License by Credentialing &nbsp;&nbsp;$500.00&nbsp;&nbsp;$1,000.00&nbsp;</span></p> <p class="cls8"><span class="cls0">e.&nbsp;&nbsp;Faculty Permit&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls3"><span class="cls0">Dental Hygienist&nbsp;&nbsp;$50.00&nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls8"><span class="cls0">f.&nbsp;&nbsp;Dental Intern Permit&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">g.&nbsp;&nbsp;Temporary License to Practice Dental Hygiene &nbsp;&nbsp;$50.00&nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls8"><span class="cls0">h.&nbsp;&nbsp;Dental Assistant or Oral Maxillofacial Surgery Assistant Permit &nbsp;&nbsp;$50.00&nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls8"><span class="cls0">i.&nbsp;&nbsp;Temporary License to Practice Dentistry&nbsp;&nbsp;$75.00&nbsp;&nbsp;$150.00&nbsp;</span></p> <p class="cls8"><span class="cls0">j.&nbsp;&nbsp;Permit to Operate a Dental Laboratory-current Oklahoma licensed dentist&nbsp;&nbsp;$20.00&nbsp;&nbsp;$60.00&nbsp;</span></p> <p class="cls8"><span class="cls0">k.&nbsp;&nbsp;General Anesthesia Permit&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">l.&nbsp;&nbsp;Conscious Sedation Permit&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">m.&nbsp;&nbsp;Permit to Operate a Dental Laboratory-non-dentist owner&nbsp;&nbsp;$300.00&nbsp;&nbsp;$500.00&nbsp;</span></p> <p><span class="cls0">2. RE-EXAMINATION FEES:&nbsp;</span></p> <p class="cls8"><span class="cls0">a.&nbsp;&nbsp;License by Examination&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$200.00&nbsp;&nbsp;$400.00&nbsp;</span></p> <p class="cls3"><span class="cls0">Dental Hygienist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">b.&nbsp;&nbsp;Dental Specialty License by Examination&nbsp;&nbsp;$300.00&nbsp;&nbsp;$600.00&nbsp;</span></p> <p class="cls8"><span class="cls0">c.&nbsp;&nbsp;Jurisprudence Only Re-Examination&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$10.00&nbsp;&nbsp;$20.00&nbsp;</span></p> <p class="cls3"><span class="cls0">Dental Hygienist&nbsp;&nbsp;$10.00&nbsp;&nbsp;$20.00&nbsp;</span></p> <p><span class="cls0">3. ANNUAL RENEWAL FEES:&nbsp;</span></p> <p class="cls8"><span class="cls0">a.&nbsp;&nbsp;Dentist&nbsp;&nbsp;$200.00&nbsp;&nbsp;$400.00&nbsp;</span></p> <p class="cls8"><span class="cls0">b.&nbsp;&nbsp;Dental Hygienist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">c.&nbsp;&nbsp;Dental Specialty License&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">d.&nbsp;&nbsp;Faculty Permit&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$50.00&nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls3"><span class="cls0">Dental Hygienist&nbsp;&nbsp;$50.00&nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls8"><span class="cls0">e.&nbsp;&nbsp;Dental Intern Permit, Dental Resident, Dental Fellowship&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">f.&nbsp;&nbsp;Dental Assistant or Oral Maxillofacial Surgery Assistant Permit &nbsp;&nbsp;$50.00&nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls8"><span class="cls0">g.&nbsp;&nbsp;Permit to Operate a Dental Laboratory, current Oklahoma Licensed dentist&nbsp;&nbsp;$20.00&nbsp;&nbsp;$60.00&nbsp;</span></p> <p class="cls8"><span class="cls0">h.&nbsp;&nbsp;General Anesthesia Permit&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">i.&nbsp;&nbsp;Conscious Sedation Permit&nbsp;</span></p> <p class="cls3"><span class="cls0">Dentist&nbsp;&nbsp;$100.00&nbsp;&nbsp;$200.00&nbsp;</span></p> <p class="cls8"><span class="cls0">j.&nbsp;&nbsp;Permit to Operate a Dental Laboratory, non-dentist owner&nbsp;&nbsp;$300.00&nbsp;&nbsp;$500.00&nbsp;</span></p> <p><span class="cls0">4. OTHER FEES:&nbsp;</span></p> <p class="cls8"><span class="cls0">a.&nbsp;&nbsp;Duplicate License&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</span></p> <p class="cls9"><span class="cls0">Dentist or Dental Hygienist&nbsp;&nbsp;$30.00&nbsp;&nbsp;$40.00&nbsp;</span></p> <p class="cls8"><span class="cls0">b.&nbsp;&nbsp;Duplicate Permit or Registration&nbsp;&nbsp;$5.00&nbsp;&nbsp;$15.00&nbsp;</span></p> <p class="cls8"><span class="cls0">c.&nbsp;&nbsp;Certificate of Good Standing&nbsp;&nbsp;$5.00&nbsp;&nbsp;$15.00&nbsp;</span></p> <p class="cls8"><span class="cls0">d.&nbsp;&nbsp;Professional Entity Certification Letter&nbsp;&nbsp;$5.00&nbsp;&nbsp;$20.00&nbsp;</span></p> <p class="cls8"><span class="cls0">e.&nbsp;&nbsp;Professional Entity Registration or Update &nbsp;&nbsp;$5.00&nbsp;&nbsp;$20.00&nbsp;</span></p> <p class="cls8"><span class="cls0">f.&nbsp;&nbsp;Laboratory Prescription Books&nbsp;&nbsp;$10.00&nbsp;&nbsp;$25.00&nbsp;</span></p> <p class="cls8"><span class="cls0">g.&nbsp;&nbsp;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.)&nbsp;&nbsp;$25.00&nbsp;&nbsp;$75.00&nbsp;</span></p> <p class="cls8"><span class="cls0">h.&nbsp;&nbsp;Official State Dental License Identification Card with Picture&nbsp;&nbsp;$25.00&nbsp;&nbsp;$35.00&nbsp;</span></p> <p class="cls8"><span class="cls0">i.&nbsp;&nbsp;Returned checks&nbsp;&nbsp;$25.00&nbsp;&nbsp;$30.00&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 2, &sect; 18, eff. Nov. 1, 1996. Amended by Laws 1997, c. 108, &sect; 7, eff. Nov. 1, 1997; Laws 2003, c. 172, &sect; 11, emerg. eff. May 5, 2003; Laws 2013, c. 405, &sect; 17, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.53. Dentists - Professional malpractice liability insurance.&nbsp;</span></p> <p><span class="cls0">A. All dentists in active practice licensed by the Board of Dentistry shall maintain a policy for professional malpractice liability insurance; provided, however, that such requirement shall not apply to dentists:&nbsp;</span></p> <p><span class="cls0">1. Covered by a group or hospital malpractice insurance policy;&nbsp;</span></p> <p><span class="cls0">2. Practicing in a state facility subject to The Governmental Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. Practicing in a federal facility subject to the Federal Tort Claims Act;&nbsp;</span></p> <p><span class="cls0">4. Providing care as a volunteer under a special volunteer license pursuant to Section 328.23a of this title;&nbsp;</span></p> <p><span class="cls0">5. Providing care as a retired dentist with a valid license in a volunteer, nonpaid capacity; or&nbsp;</span></p> <p><span class="cls0">6. Practicing in another state who will not practice within the State of Oklahoma during the license renewal year.&nbsp;</span></p> <p><span class="cls0">B. The Board of Dentistry may promulgate rules as necessary to carry out the provisions of this section, including, but not limited to, minimum requirements for professional malpractice liability insurance policies and penalties for noncompliance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 262, &sect; 8, eff. July 1, 2011. Amended by Laws 2012, c. 270, &sect; 12, eff. Nov. 1, 2012; Laws 2013, c. 405, &sect; 18, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.54. Dental practice - Diagnosis via the Internet.&nbsp;</span></p> <p><span class="cls0">Any person conducting a diagnosis for the purpose of prescribing medication or treatment or any other action determined to be a dental practice as defined by the State Dental Act, via the Internet or other telecommunications device on any patient that is physically located in this state shall hold a valid Oklahoma state dental license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 270, &sect; 13, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.55. Death of patient - Notification of Board.&nbsp;</span></p> <p><span class="cls0">All licensees engaged in the practice of dentistry in this state shall notify the Board within twenty-four (24) hours of the discovery of a death of a patient or an emergency hospital visit causally related to the practice of dentistry by the licensee. A licensee shall submit a complete report to the Board of any fatality or serious injury occurring during the practice of dentistry or the discovery of the death of a patient whose death is causally related to the practice of dentistry by the licensee within thirty (30) days of such occurrence.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 270, &sect; 14, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.56. Unauthorized or forged prescribing of controlled dangerous substances.&nbsp;</span></p> <p><span class="cls0">Every dentist shall have a duty to guard against the illegal diversion and unauthorized or forged prescribing of controlled dangerous substances while practicing dentistry and shall:&nbsp;</span></p> <p><span class="cls0">1. Notify the Board within twenty-four (24) hours of discovery that an employee or other person, known or unknown, has forged or authorized without the dentist&rsquo;s permission, a prescription via a telecommunications device, electronic prescribing device, written prescription, or otherwise communicated or transferred information with the intent of allowing a person to obtain a controlled dangerous substance in the dentist&rsquo;s name or by any identifiable license number of the dentist;&nbsp;</span></p> <p><span class="cls0">2. Maintain all written prescription pads in a safe place while practicing dentistry and shall ensure such prescription pads are not directly accessible to patients;&nbsp;</span></p> <p><span class="cls0">3. Ensure that all prescriptions issued shall clearly identify the name and current address of the issuing dentist; and&nbsp;</span></p> <p><span class="cls0">4. Not issue a prescription on a prescribing form in a preprinted format that lists the name of another dentist not presently licensed by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 270, &sect; 15, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-328.60. Citation - Subsequent enactments.&nbsp;</span></p> <p><span class="cls0">A. Part 2 of Chapter 7 of this title shall be known and may be cited as the "Oklahoma Dental Mediation Act".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 1, emerg. eff. May 21, 1991. Amended by Laws 1996, c. 2, &sect; 19, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.61. Declaration of public policy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 2, emerg. eff. May 21, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.62. Definitions - Mediation committee - Powers.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Dental Mediation Act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the Board of Dentistry;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;evaluate the quality of health care services provided by the dentist being reviewed,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;determine whether health care services rendered were professionally indicated or were performed in compliance with the applicable standards of care,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;where appropriate, determine whether the cost of health care rendered was considered reasonable given the circumstances of the particular case,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;evaluate the quality and timeliness of health care services rendered by a dentist for a patient, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;recommend to the parties, a method of settlement, for their acceptance or rejection.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 3, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 1, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.63. Protection from liability of mediation committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 4, emerg. eff. May 21, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.64. Proceedings of mediation committee privileged - Exceptions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. In conjunction with the determination of appeals of mediation committee recommendations;&nbsp;</span></p> <p><span class="cls0">2. In an investigation being conducted by a review panel of the Board, pursuant to Section 328.43a of this title; or&nbsp;</span></p> <p><span class="cls0">3. In an individual proceeding being conducted by the Board, pursuant to Section 328.44a of this title.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 5, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 2, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.65. Review of course of treatment rendered by a dentist - Election by patient - Submission of statement by dentist.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">The material submitted by the patient and dentist shall be provided by the committee to the opposing party.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 6, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 3, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.66. Recommendations of mediation committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 7, emerg. eff. May 21, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.67. Appeal to state mediation appeals committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 8, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 4, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.68. Request for final appeal.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 9, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 5, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.69. Review and hearing by the Board of Governors of Registered Dentists.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 10, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 6, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.70. Reasonable procedural rules to be followed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 11, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 7, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.71. Appeals proceedings privileged and protected from liability - Admissibility of findings or recommendations during hearing or trial of litigation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 12, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 8, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.72. Implied repeal by subsequent legislation - Election out from federal coverage and reporting requirements.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 13, emerg. eff. May 21, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-328.73. Election of remedies - Patient's rights.&nbsp;</span></p> <p><span class="cls0">A. A person may pursue any remedy now available through the courts, without first utilizing the provisions of the Oklahoma Dental Mediation Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 213, &sect; 14, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, &sect; 9, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353. Short title - Purpose - Declaration of pharmacy as profession.&nbsp;</span></p> <p><span class="cls0">A. Sections 353 through 366 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Pharmacy Act".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 120, &sect; 1. Amended by Laws 1993, c. 199, &sect; 1, emerg. eff. May 24, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.1. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of the Oklahoma Pharmacy Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Accredited program&rdquo; means those seminars, classes, meetings, work projects and other educational courses approved by the Board for purposes of continuing professional education;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Administer&rdquo; means the direct application of a drug, whether by injection, inhalation, ingestion or any other means, to the body of a patient;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Assistant pharmacist&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Board&rdquo; or &ldquo;State Board&rdquo; means the State Board of Pharmacy;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Chemical&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Compounding&rdquo; means the preparation, mixing, assembling, packaging, or labeling of a drug or device:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;in accordance with a licensed practitioner's prescription drug order under an initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for the purpose of, or incident to, research, teaching, or chemical analysis and not for sale or dispensing.&nbsp;</span></p> <p><span class="cls0">Compounding includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Continuing professional education&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Dangerous drug&rdquo;, &ldquo;legend drug&rdquo;, &ldquo;prescription drug&rdquo; or &ldquo;Rx Only&rdquo; means a drug which:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;under federal law, is required, prior to being dispensed or delivered, to be labeled with one of the following statements:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;"Caution: Federal law prohibits dispensing without prescription",&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;"Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian", or&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;&ldquo;Rx Only&rdquo;, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by licensed practitioners only;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Dispense&rdquo; or &ldquo;dispensing&rdquo; means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or a patient&rsquo;s agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. Dispense includes sell, distribute, leave with, give away, dispose of, deliver or supply;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Doctor of Pharmacy&rdquo; means a person licensed by the Board 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;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Drug outlet&rdquo; means all pharmacies, wholesalers, manufacturers and facilities which are engaged in dispensing, delivery, distribution or storage of dangerous drugs;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Drugs&rdquo; 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/or internal use in the cure, diagnosis, mitigation, treatment or prevention of disease in humans or animals and all substances and preparations, other than food, intended to affect the structure or any function of the body of a human or animals;&nbsp;</span></p> <p><span class="cls0">13. &ldquo;Filled prescription&rdquo; means a packaged prescription medication to which a label has been affixed which contains such information as is required by the Oklahoma Pharmacy Act;&nbsp;</span></p> <p><span class="cls0">14. &ldquo;Hospital&rdquo; means any institution licensed as a hospital by this state for the care and treatment of patients;&nbsp;</span></p> <p><span class="cls0">15. &ldquo;Licensed practitioner&rdquo; means an allopathic physician, osteopathic physician, podiatric physician, dentist, veterinarian or optometrist licensed to practice and authorized to prescribe dangerous drugs within the scope of practice of such practitioner;&nbsp;</span></p> <p><span class="cls0">16. &ldquo;Manufacturer&rdquo; means a person engaged in the manufacturing of drugs;&nbsp;</span></p> <p><span class="cls0">17. &ldquo;Manufacturing&rdquo; 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 &ldquo;manufacturing&rdquo; also includes the preparation and promotion of commercially available products from bulk compounds for resale by licensed pharmacies, licensed practitioners or other persons;&nbsp;</span></p> <p><span class="cls0">18. &ldquo;Medical gas&rdquo; means those gases including those in liquid state upon which the manufacturer or distributor has placed one of several cautions, such as &ldquo;Rx Only&rdquo;, in compliance with federal law;&nbsp;</span></p> <p><span class="cls0">19. &ldquo;Medical gas order&rdquo; means an order for medical gas issued by a licensed medical practitioner;&nbsp;</span></p> <p><span class="cls0">20. &ldquo;Medical gas distributor&rdquo; means a person licensed to distribute, transfer, wholesale, deliver or sell medical gases on drug orders to suppliers or other entities licensed to use, administer or distribute medical gas and may also include a patient or ultimate user;&nbsp;</span></p> <p><span class="cls0">21. &ldquo;Medical gas supplier&rdquo; means a person who dispenses medical gases on drug orders only to a patient or ultimate user;&nbsp;</span></p> <p><span class="cls0">22. &ldquo;Medicine&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">23. &ldquo;Nonprescription drugs&rdquo; 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.;&nbsp;</span></p> <p><span class="cls0">24. &ldquo;Packager&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">25. &ldquo;Person&rdquo; means an individual, partnership, limited liability company, corporation or association, unless the context otherwise requires;&nbsp;</span></p> <p><span class="cls0">26. &ldquo;Pharmacy&rdquo; means a place regularly licensed by the Board of Pharmacy in which prescriptions, drugs, medicines, chemicals and poisons are compounded or dispensed;&nbsp;</span></p> <p><span class="cls0">27. &ldquo;Poison&rdquo; means any substance which when introduced into the body, either directly or by absorption, produces violent, morbid or fatal changes, or which destroys living tissue with which such substance comes into contact;&nbsp;</span></p> <p><span class="cls0">28. &ldquo;Practice of pharmacy&rdquo; means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the interpretation and evaluation of prescription orders,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the participation in drug selection and drug utilization reviews,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the proper and safe storage of drugs and devices and the maintenance of proper records thereof,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy, and&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;the provision of those acts or services that are necessary to provide pharmaceutical care;&nbsp;</span></p> <p><span class="cls0">29. &ldquo;Prescription&rdquo; 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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a licensed practitioner of allopathic or osteopathic medicine, dentistry, podiatry, optometry, or veterinary medicine, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;under the supervision of an Oklahoma licensed physician, an Oklahoma licensed advanced practice nurse or an Oklahoma licensed physician assistant, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;an Oklahoma licensed wholesaler or distributor as authorized in subsection G of Section 353.13 of this title;&nbsp;</span></p> <p><span class="cls0">30. &ldquo;Professional samples&rdquo; means complimentary drugs packaged in accordance with federal and state statutes and regulations;&nbsp;</span></p> <p><span class="cls0">31. &ldquo;Supervising physician&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">32. &ldquo;Supportive personnel&rdquo; 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; and&nbsp;</span></p> <p><span class="cls0">33. &ldquo;Wholesaler&rdquo; or &ldquo;distributor&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 445, &sect; 1, emerg. eff. May 22, 1961. Amended by Laws 1973, c. 146, &sect; 1, emerg. eff. May 14, 1973; Laws 1984, c. 27, &sect; 1, emerg. eff. March 22, 1984; Laws 1987, c. 20, &sect; 1, eff. Nov. 1, 1987; Laws 1993, c. 199, &sect; 2, emerg. eff. May 24, 1993; Laws 1996, c. 186, &sect; 1, eff. Nov. 1, 1996; Laws 1998, c. 128, &sect; 1, eff. Nov. 1, 1998; Laws 2001, c. 400, &sect; 6, eff. Nov. 1, 2001; Laws 2002, c. 22, &sect; 19, emerg. eff. March 8, 2002; Laws 2002, c. 408, &sect; 1, emerg. eff. June 5, 2002; Laws 2004, c. 523, &sect; 16, emerg. eff. June 9, 2004; Laws 2005, c. 18, &sect; 1, eff. Nov. 1, 2005; Laws 2009, c. 321, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2001, c. 281, &sect; 2 repealed by Laws 2002, c. 22, &sect; 34, emerg. eff. March 8, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.1a. Advanced practice nurses - Prescribing authority.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 186, &sect; 2, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.1b. Certified registered nurse anesthetist - Prescribing authority.&nbsp;</span></p> <p><span class="cls0">A certified registered nurse anesthetist has authority to order, select, obtain and administer drugs 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 250, &sect; 1, eff. Nov. 1, 1997. Amended by Laws 2009, c. 321, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.2. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.3. Board of Pharmacy - Membership - Qualifications - Terms of office - Appointments.&nbsp;</span></p> <p><span class="cls0">A. The State 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 public member.&nbsp;</span></p> <p><span class="cls0">1. The pharmacist members shall be appointed by the Governor by and with the advice and consent of the Senate and shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;be registered and in good standing in the State of Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">2. The public member shall be appointed by the Governor and shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;be a resident of the State of Oklahoma for not less than five (5) years, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;not be a pharmacist or be related by blood or marriage within the third degree of consanguinity to a pharmacist.&nbsp;</span></p> <p><span class="cls0">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 public 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 the member 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 446, &sect; 3, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 3, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.4. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.5. State Board of Pharmacy &ndash; Elections and terms - Executive Director.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Pharmacy shall annually elect a president and vice-president 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 is a licensed pharmacist or is eligible to become a licensed pharmacist in this state. The Executive Director shall perform such duties as required by the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 licensed pharmacists, compiled and published each year by the National Community Pharmacist&rsquo;s Association.&nbsp;</span></p> <p><span class="cls0">D. The Executive Director shall:&nbsp;</span></p> <p><span class="cls0">1. Deposit funds with the State Treasurer to be expended in the manner and for the purposes provided by law; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 447, &sect; 5, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 4, emerg. eff. May 24, 1993; Laws 2005, c. 419, &sect; 2, eff. July 1, 2005; Laws 2009, c. 321, &sect; 4, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.6. Meetings for examination of applicants - Notice.&nbsp;</span></p> <p><span class="cls0">Meetings for the examination of applicants for licensing and granting of certificates shall be held at least one time each year at a time and place to be fixed by the State Board of Pharmacy. 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 licensure.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 447, &sect; 6, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 5, emerg. eff. May 24, 1993; Laws 1997, c. 250, &sect; 2, eff. Nov. 1, 1997; Laws 2009, c. 321, &sect; 5, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.7. State Board of Pharmacy - Powers.&nbsp;</span></p> <p><span class="cls0">The State Board of Pharmacy shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Regulate the practice of pharmacy;&nbsp;</span></p> <p><span class="cls0">2. Regulate the sale of drugs, medicines, chemicals and poisons;&nbsp;</span></p> <p><span class="cls0">3. Regulate the dispensing of drugs and medicines in all places where drugs and medicines are compounded and/or dispensed;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 or pharmacist compliance officers shall have the authority to take and copy records 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;&nbsp;</span></p> <p><span class="cls0">7. Prescribe minimum standards with respect to floor space and other physical characteristics of pharmacies and hospital drug rooms 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. Minimum standards for hospital drug rooms shall be consistent with the State Department of Health, Hospital Standards, as defined in OAC 310:667;&nbsp;</span></p> <p><span class="cls0">8. Examine and issue appropriate certificates of licensure as Doctor of Pharmacy to all applicants who the Board deems are qualified to be such under the provisions of the Oklahoma Pharmacy Act;&nbsp;</span></p> <p><span class="cls0">9. Investigate complaints, hold hearings and subpoena witnesses and records;&nbsp;</span></p> <p><span class="cls0">10. Initiate prosecution;&nbsp;</span></p> <p><span class="cls0">11. Reprimand, place on probation, suspend, revoke or take other disciplinary action and/or levy fines not to exceed Three Thousand Dollars ($3,000.00) for each count for which any holder of a certificate, license or permit has been convicted in Board hearings. The Board may impose as part of any disciplinary action the payment of costs expended by the Board for any legal fees and costs, including, but not limited to, staff time, salary and travel expense, witness fees and attorney fees. The Board may also require additional continuing education, including 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 make such other rules as in its discretion may be necessary to protect the health, safety and welfare of the public;&nbsp;</span></p> <p><span class="cls0">15. Establish and collect appropriate fees for licenses, permits, inspections and services provided and such fees shall be nonrefundable. Such fees shall be promulgated to implement the provisions of the Oklahoma Pharmacy Act under the provisions of the Administrative Procedures Act;&nbsp;</span></p> <p><span class="cls0">16. Regulate:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;personnel working in a pharmacy, such as interns and supportive personnel, including technicians,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;interns, preceptors and training areas through which the training of applicants in the practice of pharmacy occurs for licensure as a pharmacist, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;such persons regarding all aspects relating to the handling of drugs, medicines, chemicals and poisons; and&nbsp;</span></p> <p><span class="cls0">17. Acquire by purchase, lease, gift, solicitation of gift or by any other manner, and to maintain, use and operate or to contract for the maintenance, use and operation of or lease of any and all property of any kind, real, personal or mixed or any interest therein unless otherwise provided by the Oklahoma Pharmacy Act; provided, all contracts for real property shall be subject to the provisions of Section 63 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 447, &sect; 7, emerg. eff. May 22, 1961. Amended by Laws 1976, c. 83, &sect; 1, emerg. eff. May 3, 1976; Laws 1982, c. 172, &sect; 2, emerg. eff. April 16, 1982; Laws 1993, c. 199, &sect; 6, emerg. eff. May 24, 1993; Laws 1997, c. 250, &sect; 3, eff. Nov. 1, 1997; Laws 2001, c. 281, &sect; 3, eff. Nov. 1, 2001; Laws 2002, c. 408, &sect; 2, emerg. eff. June 5, 2002; Laws 2004, c. 523, &sect; 17, emerg. eff. June 9, 2004; Laws 2009, c. 321, &sect; 6, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.8. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.9. Licensed pharmacists - Qualifications - Applications for examination - Fees - Certification.&nbsp;</span></p> <p><span class="cls0">A. Licensed pharmacists shall be persons regularly licensed as such in the State of Oklahoma on or before the effective date of this act. All other qualified persons may become licensed as a Doctor of Pharmacy upon passing an examination approved by the State 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:&nbsp;</span></p> <p><span class="cls0">1. Is of good moral character;&nbsp;</span></p> <p><span class="cls0">2. Is a graduate of an accredited School or College of Pharmacy approved by the Board, or is a foreign pharmacy school graduate who has received an FPGEC equivalency certification by the National Association of Boards of Pharmacy; and&nbsp;</span></p> <p><span class="cls0">3. Has attained experience in the practice of pharmacy, obtained in a place and in a manner prescribed and approved by the Board.&nbsp;</span></p> <p><span class="cls0">B. Interns, preceptors and training areas shall make application for a license, and shall pay a fee set by the Board, not to exceed One Hundred Dollars ($100.00).&nbsp;</span></p> <p><span class="cls0">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 Two Hundred Fifty Dollars ($250.00) plus the purchase price of the examination. Upon passing 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.&nbsp;</span></p> <p><span class="cls0">D. The Board shall have the power to issue reciprocal certificates of licensure to applicants licensed in other states having like requirements. Such applicants shall be charged a fee not to exceed Two Hundred Fifty Dollars ($250.00).&nbsp;</span></p> <p><span class="cls0">E. The Board shall have the power to issue original certificates of licensure to applicants for the score transfer process administered by the National Association of Boards of Pharmacy; provided, such applicants shall provide sufficient proof of compliance with the requirements of paragraphs 1 through 3 of subsection A of this section. Such applicants shall be charged a fee not to exceed Two Hundred Fifty Dollars ($250.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 448, &sect; 9, emerg. eff. May 22, 1961. Amended by Laws 1976, c. 83, &sect; 3, emerg. eff. May 3, 1976; Laws 1981, c. 75, &sect; 1, emerg. eff. April 16, 1981; Laws 1987, c. 65, &sect; 1, eff. Nov. 1, 1987; Laws 1988, c. 30, &sect; 1, eff. Nov. 1, 1988; Laws 1993, c. 199, &sect; 7, emerg. eff. May 24, 1993; Laws 1994, c. 43, &sect; 1, emerg. eff. April 11, 1994; Laws 2004, c. 523, &sect; 18, emerg. eff. June 9, 2004; Laws 2009, c. 321, &sect; 7, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.10. Assistant pharmacists.&nbsp;</span></p> <p><span class="cls0">A. Any person who was licensed as an assistant pharmacist before July 27, 1961, and who met the standards and requirements for licensure pursuant to the Oklahoma Pharmacy Act may practice as an assistant pharmacist.&nbsp;</span></p> <p><span class="cls0">B. Assistant pharmacists shall not manage a pharmacy.&nbsp;</span></p> <p><span class="cls0">C. Every assistant pharmacist shall meet the same requirements for pharmacists listed in Sections 353.11, 353.12 and 353.16A of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 449, &sect; 10, emerg. eff. May 22, 1961. Amended by Laws 1961, p. 453, &sect; 1, emerg. eff. July 27, 1961; Laws 1993, c. 199, &sect; 8, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 8, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.11. License renewal - Fee.&nbsp;</span></p> <p><span class="cls0">A. 1. Every licensed pharmacist who desires to continue in the profession of pharmacy in this state shall, on or before the expiration date of the license, complete a renewal form and remit to the State Board of Pharmacy a renewal fee for each year to be fixed by the Board. Upon compliance with the provisions of the Oklahoma Pharmacy Act and payment of such renewal fee, a renewal certificate of licensure shall be issued.&nbsp;</span></p> <p><span class="cls0">2. Every licensed pharmacist who fails to complete a renewal form and remit the required renewal fee to the Board by the fifteenth day after the expiration of the license shall pay a late fee to be fixed by the Board.&nbsp;</span></p> <p><span class="cls0">B. If any pharmacist fails or neglects to procure the renewal of his or her license, as herein required, the Board may, after the expiration of thirty (30) days following the issue of the notice, deprive the person of his or her license and all other privileges conferred by the Oklahoma Pharmacy Act. In order to regain licensure, the pharmacist shall apply in writing to the Board requesting reinstatement. The Board may require the pharmacist to appear before the Board at a regular meeting.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 449, &sect; 11, emerg. eff. May 22, 1961. Amended by Laws 1970, c. 56, &sect; 1, emerg. eff. March 16, 1970; Laws 1981, c. 75, &sect; 2, emerg. eff. April 16, 1981; Laws 1990, c. 120, &sect; 2; Laws 1993, c. 199, &sect; 9, emerg. eff. May 24, 1993; Laws 2002, c. 408, &sect; 3, emerg. eff. June 5, 2002; Laws 2004, c. 523, &sect; 19, emerg. eff. June 9, 2004; Laws 2009, c. 321, &sect; 9, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.12. Display of certificate of licensure - Discontinuance or change of place of business - Confiscation of certificates.&nbsp;</span></p> <p><span class="cls0">A. Every person upon receiving a certificate of licensure pursuant to the Oklahoma Pharmacy Act, or who has heretofore received a certificate of licensure in this state, shall keep such certificate conspicuously displayed in the pharmacy where such pharmacist is actively engaged in the practice of pharmacy or in such a location as is otherwise prescribed by the State Board of Pharmacy. The current receipt for licensure shall be attached to the lower left corner of the original certificate. Every licensed pharmacist shall, within ten (10) days after discontinuing or changing his or her place of practice, remove his or her certificate and notify the Executive Director of the Board, in writing, of his or her new place of practice. Upon receipt of the notification, the Executive Director shall make the necessary change in the Board records.&nbsp;</span></p> <p><span class="cls0">B. Any member of the Board, inspector or pharmacist compliance officer duly authorized by the Board shall have authority to confiscate and void any certificate issued by the Board which has been displayed in any place not authorized by the Board, provided that the holder of the certificate shall be entitled to a hearing before the Board and show cause why his or her certificate should not be canceled.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 449, &sect; 12, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 10, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 10, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.13. Unlawful and prohibited acts relating to pharmacists and pharmacist assistants.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person, other than a licensed pharmacist, to certify the finished prescription, as defined by the Board, before delivery to the patient or the patient's agent or care giver.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any person to institute or manage a pharmacy unless such person is a licensed pharmacist, or has placed a licensed pharmacist in charge of said pharmacy.&nbsp;</span></p> <p><span class="cls0">C. No licensed pharmacist shall manage, supervise or be in charge of more than one pharmacy.&nbsp;</span></p> <p><span class="cls0">D. No pharmacist being requested to sell, furnish or compound any drug, medicine, chemical or other pharmaceutical preparation, by prescription or otherwise, shall substitute or cause to be substituted therefor, without authority of the prescriber or purchaser, any like drug, medicine, chemical or pharmaceutical preparation.&nbsp;</span></p> <p><span class="cls0">E. No proprietor of a pharmacy, or other person, shall permit the practice of pharmacy except by a licensed pharmacist or assistant pharmacist.&nbsp;</span></p> <p><span class="cls0">F. No proprietor of a pharmacy, or other person, shall subvert the authority of the pharmacist in charge of the pharmacy by impeding the management of the prescription department in compliance with federal and state pharmacy laws and regulations.&nbsp;</span></p> <p><span class="cls0">G. Nothing in the Oklahoma Pharmacy Act shall prevent veterinary prescription drugs from being shipped directly from an Oklahoma licensed wholesaler or distributor to a client; provided, such drugs may be supplied to the client only on the order of an Oklahoma licensed veterinarian and only when a valid veterinarian-client-patient relationship exists.&nbsp;</span></p> <p><span class="cls0">1. Drugs supplied pursuant to the provisions of this subsection shall not be required to be certified by a pharmacist prior to being supplied by a wholesaler or distributor.&nbsp;</span></p> <p><span class="cls0">2. It shall be a violation of state law for a client or his or her authorized agent to acquire or use any prescription drug other than according to the label and/or outside of a valid veterinarian-client-patient relationship (VCPR);&nbsp;</span></p> <p><span class="cls0">3. It shall be a violation of state law for an Oklahoma licensed wholesaler or distributor to sell a prescription-labeled drug to a client or his or her authorized agent without a valid VCPR in place; and&nbsp;</span></p> <p><span class="cls0">4. Compliance with the Oklahoma Pharmacy Act as it relates to veterinary prescription-labeled drugs shall be pursuant to rules promulgated by the Oklahoma State Board of Veterinary Medical Examiners and in consultation with the State Veterinarian in accordance with state law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 449, &sect; 13, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 11, emerg. eff. May 24, 1993; Laws 2001, c. 400, &sect; 7, eff. Nov. 1, 2001; Laws 2005, c. 18, &sect; 2, eff. Nov. 1, 2005; Laws 2009, c. 321, &sect; 11, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.13A. Prescriptions received by means other than written communication - Prescriptions for dangerous drugs and controlled dangerous substances - Prescriptions issued by licensed optometrists.&nbsp;</span></p> <p><span class="cls0">A. Prescriptions received by other than written communication shall be promptly recorded in writing by the pharmacist. The record made by the pharmacist shall constitute the original prescription to be filled by the pharmacist.&nbsp;</span></p> <p><span class="cls0">B. Pharmacists may dispense prescriptions for dangerous drugs and controlled dangerous substances specified in Section 581 of this title for ocular abnormalities prescribed by optometrists licensed by the Oklahoma Board of Examiners in Optometry. All prescriptions issued by licensed optometrists shall include the license number of the optometrist as assigned by the Oklahoma Board of Examiners in Optometry.&nbsp;</span></p> <p><span class="cls0">C. A filled prescription label shall include the name and address of the pharmacy of origin, date of filling, name of patient, name of prescriber, directions for administration, and prescription number. The symptom or purpose for which the drug is being prescribed may appear on the label, if provided by the practitioner and the patient or the patient&rsquo;s authorized representative so requests. If the symptom or purpose for which a drug is being prescribed is not provided by the practitioner, the pharmacist may fill the prescription order without contacting the practitioner, patient, or the patient&rsquo;s representative. The label shall also include the trade or generic name, and the quantity and strength of the drug therein contained, except when otherwise directed by the prescriber. This requirement shall not apply to prescriptions or medicines and drugs supplied or delivered directly to patients for consumption on the premises while admitted to any hospital or mental institution.&nbsp;</span></p> <p><span class="cls0">D. No prescription shall be written in any characters, figures or ciphers other than in the English or Latin language, generally in use among medical and pharmaceutical practitioners.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 199, &sect; 22, emerg. eff. May 24, 1993. Amended by Laws 1994, c. 52, &sect; 3, eff. July 1, 1994; Laws 2004, c. 171, &sect; 1, emerg. eff. April 28, 2004; Laws 2004, c. 523, &sect; 1, emerg. eff. June 9, 2004; Laws 2004, c. 523, &sect; 1, emerg. eff. June 9, 2004; Laws 2009, c. 321, &sect; 12, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.14. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.15. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.16. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.16A. Incapacity of pharmacist - Effect on license.&nbsp;</span></p> <p><span class="cls0">The Board may refuse to issue or renew, or may suspend, revoke or restrict the license of any pharmacist because of incapacity of a nature that prevents such pharmacist from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 199, &sect; 12, emerg. eff. May 24, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.17. Unlawful use of titles relating to pharmacy.&nbsp;</span></p> <p><span class="cls0">A. No person shall take, use or exhibit the title of pharmacist, licensed pharmacist or Doctor of Pharmacy, either expressly or by implication, except as otherwise authorized by the Oklahoma Pharmacy Act.&nbsp;</span></p> <p><span class="cls0">B. No person, firm or corporation other than one licensed under the Oklahoma Pharmacy Act shall take, use or exhibit the title "Druggist", "Doctor of Pharmacy", "R.Ph.", "D.Ph.", "Pharmacy", "Drug Store", "Drug Department", "Drugs", "Drug Sundries", "Prescriptions", or any other term, sign or device or any word in similitude thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 450, &sect; 17, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 13, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 13, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.17A. Unlawful impersonation of a pharmacist.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful to impersonate a pharmacist. If a person impersonates a pharmacist and causes patient harm, then, upon conviction, it shall be a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 321, &sect; 14, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.18. Sale, manufacturing or packaging of dangerous drugs, medicines, chemicals or poisons &ndash; Qualifications for licensure - Violations - Penalties.&nbsp;</span></p> <p><span class="cls0">A. 1. It shall be unlawful for any person, including, but not limited to, Internet, website or online pharmacies, to engage in selling at retail, or offering for sale, dangerous drugs, medicines, chemicals or poisons for the treatment of disease, excluding agricultural chemicals and drugs, or to accept prescriptions for same, without first procuring a license from the State Board of Pharmacy. This applies whether such sale, offer for sale or acceptance of prescriptions occurs from this state, or such sale, offer for sale, or acceptance of prescription occurs and is to be delivered, distributed or dispensed to patients or customers in this state. The provisions of this subsection shall not apply to medical gas suppliers or medical gas distributors regulated pursuant to the provisions of subsection B of this section.&nbsp;</span></p> <p><span class="cls0">2. A license shall be issued to such person as the Board shall deem qualified upon evidence satisfactory to the Board that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the place for which the license is sought will be conducted in full compliance with the law and the rules of the Board,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the location, appointments and physical characteristics of the place are reasonably consistent with the maintenance of professional surroundings and constitute no known danger to the public health and safety,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the place will be under the management and control of a licensed pharmacist, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a licensed pharmacist will be present and on duty at all hours the pharmacy is open for business; provided, however, the provisions of this subparagraph shall not apply to a hospital drug room.&nbsp;</span></p> <p class="cls2"><span class="cls0">3.&nbsp;&nbsp;a.&nbsp;&nbsp;An application for a license issued pursuant to the provisions of this subsection shall:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;be submitted to the Board in writing, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;contain the name or names of persons owning the pharmacy.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;An application for each initial or renewal license shall be accompanied by a licensing fee not to exceed Three Hundred Dollars ($300.00) for each period of one (1) year. Prior to opening for business, all applicants for an initial license or permit shall be inspected. Applicants shall pay an inspection fee not to exceed Two Hundred Dollars ($200.00); provided, however, that no charge shall be made for the licensing of any Federal Veterans Hospital in the State of Oklahoma.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;A license issued pursuant to the provisions of this subsection shall be valid for a period set by the Board and shall contain the name of the licensee and the address of the place at which such business shall be conducted.&nbsp;</span></p> <p><span class="cls0">4. A retail pharmacy that prepares sterile therapeutic preparations that shall be free from living microorganisms (aseptic) shall obtain a pharmacy license, and shall also obtain a parenteral permit at a fee set by the Board, not to exceed Seventy-five Dollars ($75.00). Such pharmacy shall meet requirements set by the Board by rule for parenteral permits.&nbsp;</span></p> <p><span class="cls0">B. 1. It shall be unlawful for any person to manufacture, package, or wholesale any dangerous drugs, or to engage in selling, or offering for sale at retail, medical gases, except under the management and control of a licensed pharmacist or such other persons as may be approved by the Board after an investigation and determination of such person&rsquo;s qualifications. No person shall sell medical gases, or manufacture, package, or wholesale dangerous drugs offered for sale in this state without first obtaining a permit from the Board.&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;An application for an initial or renewal permit issued pursuant to the provisions of this subsection shall be:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;made in writing, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;accompanied by a permit fee not to exceed Three Hundred Dollars ($300.00) for each period of one (1) year.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Prior to opening for business, all applicants for an initial permit shall be inspected. Applicants shall pay an inspection fee not to exceed Two Hundred Dollars ($200.00).&nbsp;</span></p> <p><span class="cls0">3. A permit issued pursuant to the provisions of this subsection shall be valid for a period determined by the Board and shall contain the name of the permittee and the address of the place at which such business shall be conducted.&nbsp;</span></p> <p><span class="cls0">C. A licensee or permittee who, pursuant to the provisions of this section, fails to complete an application for a renewal license or permit by the fifteenth day after the expiration of the license or permit shall pay a late fee to be fixed by the Board.&nbsp;</span></p> <p><span class="cls0">D. 1. The Board shall promulgate rules regarding the issuance and renewal of licenses and permits pursuant to the Oklahoma Pharmacy Act which shall include, but need not be limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;provisions for new or renewal application requirements for both in- and out-of-state wholesale distributors, chain pharmacy warehouses and repackagers that ship into Oklahoma. Requirements for new and renewal applications, if such information has not been previously provided to the Board, may include, but need not be limited to, the following:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;type of ownership, whether individual, partnership, limited liability company or corporation,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;names of principal owners or officers and their Social Security numbers,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;names of designated managers and their Social Security numbers,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;applicant&rsquo;s and designated managers&rsquo; fingerprints,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;criminal background check information for the applicants and designated managers as required by rule,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;a copy of the license from the applicant&rsquo;s or designated managers&rsquo; home state, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;bond requirements, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;provisions for the establishment of a pedigree or electronic file to be used by wholesale distributors, chain pharmacy warehouses and repackagers for the purpose of ensuring the integrity of drugs owned, purchased, distributed, returned, transferred and sold when the products leave the normal distribution channel.&nbsp;</span></p> <p><span class="cls0">2. The Board shall be authorized to use an outside agency, such as the National Association of Boards of Pharmacy (NABP) or the Verified-Accredited Wholesale Distributors (VAWD), to accredit wholesale distributors and repackagers.&nbsp;</span></p> <p><span class="cls0">3. The Board may exempt by rule wholesalers accredited by VAWD from the provisions of subparagraphs a and b of paragraph 1 of this subsection.&nbsp;</span></p> <p><span class="cls0">4. The Board shall exempt from the provisions of this subsection logistics providers that receive prescription drugs from original sponsors or manufacturers, deliver the drug products in commerce at the direction of the original sponsor or manufacturer, and do not purchase, sell, trade, or take title to any prescription drug.&nbsp;</span></p> <p><span class="cls0">5. In promulgating such rules, the Board shall seek input from manufacturers, wholesale distributors, chain pharmacy warehouses, logistics providers and repackagers.&nbsp;</span></p> <p><span class="cls0">E. A wholesale distributor shall accept prescription drug returns pursuant to the terms and conditions of the agreement between the wholesale distributor and a hospital, pharmacy, chain pharmacy warehouse or other healthcare entity and these returns shall not be subject to any pedigree or electronic file requirement unless the returns appear suspicious or are greater than the purchases from the wholesale distributor. Wholesale distributors shall be held accountable for maintaining their return process and ensuring that items returned originated from their operations, that the return process is secure, and that the return process does not permit the entry of adulterated and counterfeit product.&nbsp;</span></p> <p><span class="cls0">F. The Oklahoma Pharmacy Act shall not be construed to prevent the sale of nonprescription drugs in original packages by any merchant or dealer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 450, &sect; 18, emerg. eff. May 22, 1961. Amended by Laws 1970, c. 56, &sect; 2, emerg. eff. March 16, 1970; Laws 1973, c. 115, &sect; 1, emerg. eff. May 4, 1973; Laws 1976, c. 83, &sect; 4, emerg. eff. May 3, 1976; Laws 1981, c. 75, &sect; 3, emerg. eff. April 16, 1981; Laws 1982, c. 172, &sect; 4, emerg. eff. April 16, 1982; Laws 1987, c. 20, &sect; 2, eff. Nov. 1, 1987; Laws 1988, c. 231, &sect; 1, emerg. eff. June 22, 1988; Laws 1990, c. 120, &sect; 3; Laws 1993, c. 199, &sect; 14, emerg. eff. May 24, 1993; Laws 2004, c. 523, &sect; 20, emerg. eff. June 9, 2004; Laws 2005, c. 285, &sect; 2, eff. Nov. 1, 2005; Laws 2009, c. 321, &sect; 15, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2005, c. 357, &sect; 1 repealed by Laws 2006, c. 16, &sect; 40, emerg. eff. March 29, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.19. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.20. Pharmaceutical equipment and library required - Scales and balances - Sanitary appliances and conditions - Pharmaceutical records.&nbsp;</span></p> <p><span class="cls0">A. Every pharmacy shall have the proper pharmaceutical equipment so that prescriptions can be filled, and the practice of pharmacy can be properly conducted. The State Board of Pharmacy shall prescribe the minimum professional and technical equipment and library which a pharmacy shall at all times possess. No pharmacy license shall be issued or continued until or unless such pharmacy has complied with the Oklahoma Pharmacy Act.&nbsp;</span></p> <p><span class="cls0">B. The Board may from time to time require that scales and balances be condemned, or other specific equipment changes be made. Failure to comply with such requirements within sixty (60) days may result in revocation of the license for the place of business upon which such requirement is made.&nbsp;</span></p> <p><span class="cls0">C. No license shall be issued or continued for a pharmacy to do business unless the premises of such pharmacy are equipped with proper sanitary appliances and kept in a clean and orderly manner.&nbsp;</span></p> <p><span class="cls0">D. There shall be kept in every pharmacy a suitable book, file or record in which shall be preserved for a period of not less than five (5) years every prescription compounded or dispensed at the pharmacy, and the book or file of prescriptions shall at all times be open to inspection by the members of the Board or its duly authorized agents.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 451, &sect; 20, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 15, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 16, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.21. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.22. Sale of poisons.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for:&nbsp;</span></p> <p><span class="cls0">1. Any person to sell any poison without distinctly labeling the box, vessel or paper in which the poison is contained with the name of the article, the word "poison", and the name and the place of business of the seller; or&nbsp;</span></p> <p><span class="cls0">2. Any licensed pharmacist, or other person, to sell any poison without causing an entry to be made in a book kept for that purpose before delivering the same to the purchaser, stating the date of the sale, the name and address of the purchaser, the name of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser. Such book shall always be available for inspection by the proper authorities and shall be preserved for at least five (5) years.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses upon the prescription of practitioners of medicine.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 451, &sect; 22, emerg. eff. May 22, 1961. Amended by Laws 1993, c. 199, &sect; 16, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 17, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.23. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.24. Unlawful acts.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person, firm or business entity to:&nbsp;</span></p> <p><span class="cls0">1. Forge or increase the quantity of drug in any prescription, or to present a prescription bearing forged, fictitious or altered information or to possess any drug secured by such forged, fictitious or altered prescription;&nbsp;</span></p> <p><span class="cls0">2. Sell, offer for sale, barter or give away any unused quantity of drugs obtained by prescription, except through a program pursuant to the Utilization of Unused Prescription Medications Act or as otherwise provided by the State Board of Pharmacy;&nbsp;</span></p> <p><span class="cls0">3. Sell, offer for sale, barter or give away any drugs damaged by fire, water, or other causes without first obtaining the written approval of the Board or the State Department of Health;&nbsp;</span></p> <p><span class="cls0">4. Enter into any arrangement whereby prescription orders are received, or prescriptions delivered at a place other than the pharmacy in which they are compounded and dispensed. However, nothing in this paragraph shall prevent a pharmacist or an employee of the pharmacy from personally receiving a prescription or delivering a legally filled prescription at a residence, office or place of employment of the patient for whom the prescription was written. Provided further, the provisions of this paragraph shall not apply to any Department of Mental Health and Substance Abuse Services employee or any person whose facility contracts with the Department of Mental Health and Substances Abuse Services whose possession of any dangerous drug, as defined in Section 353.1 of this title, is for the purpose of delivery of a mental health consumer&rsquo;s medicine to the consumer&rsquo;s home or residence. Nothing in this paragraph shall prevent veterinary prescription drugs from being shipped directly from an Oklahoma licensed wholesaler or distributor to a client; provided, such drugs may be dispensed only on prescription of a licensed veterinarian and only when an existing veterinary-client-patient relationship exists;&nbsp;</span></p> <p><span class="cls0">5. Sell, offer for sale or barter or buy any professional samples except through a program pursuant to the Utilization of Unused Prescription Medications Act. For purpose of this paragraph, &ldquo;professional samples&rdquo; means complimentary drugs packaged in accordance with federal and state statutes and regulations and provided to a licensed practitioner free of charge by manufacturers or distributors for the purpose of being distributed free of charge in such package by the licensed practitioner to a patient;&nbsp;</span></p> <p><span class="cls0">6. Refuse to permit or otherwise prevent members of the Board or such representatives thereof from entering and inspecting any and all places, including premises, equipment, contents, and records, where drugs, medicine, chemicals or poisons are stored, sold, vended, given away, compounded, dispensed or manufactured;&nbsp;</span></p> <p><span class="cls0">7. Possess dangerous drugs without a valid prescription or a valid license to possess such drugs; provided, however, this provision shall not apply to any Department of Mental Health and Substance Abuse Services employee or any person whose facility contracts with the Department of Mental Health and Substances Abuse Services whose possession of any dangerous drug, as defined in Section 353.1 of this title, is for the purpose of delivery of a mental health consumer&rsquo;s medicine to the consumer&rsquo;s home or residence;&nbsp;</span></p> <p><span class="cls0">8. Possess, sell, offer for sale, barter or give away any quantity of dangerous drugs not listed as a scheduled drug pursuant to Sections 2-201 through 2-212 of Title 63 of the Oklahoma Statutes when obtained by prescription bearing forged, fictitious or altered information.&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;A first violation of this section shall constitute a misdemeanor and upon conviction shall be punishable by imprisonment in the county jail for a term not more than one (1) year and a fine in an amount not more than One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;A second violation of this section shall constitute a felony and upon conviction shall be punishable by imprisonment in the Department of Corrections for a term not exceeding five (5) years and a fine in an amount not more than Two Thousand Dollars ($2,000.00);&nbsp;</span></p> <p><span class="cls0">9. Knowingly violate a Board order or agreed order;&nbsp;</span></p> <p><span class="cls0">10. Compromise the security of licensure examination materials; or&nbsp;</span></p> <p><span class="cls0">11. Fail to notify the Board, in writing, within ten (10) days of an address change.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 452, &sect; 24, emerg. eff. May 22, 1961. Amended by Laws 1986, c. 317, &sect; 2, emerg. eff. June 24, 1986; Laws 1987, c. 139, &sect; 1, emerg. eff. June 19, 1987; Laws 1993, c. 199, &sect; 18, emerg. eff. May 24, 1993; Laws 2001, c. 400, &sect; 8, eff. Nov. 1, 2001; Laws 2002, c. 22, &sect; 20, emerg. eff. March 8, 2002; Laws 2004, c. 523, &sect; 21, emerg. eff. June 9, 2004; Laws 2005, c. 1, &sect; 87, emerg. eff. March 15, 2005; Laws 2005, c. 40, &sect; 1, eff. July 1, 2005; Laws 2009, c. 321, &sect; 18, eff. Nov. 1, 2009; Laws 2011, c. 239, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2001, c. 281, &sect; 4 repealed by Laws 2002, c. 22, &sect; 34, emerg. eff. March 8, 2002. Laws 2004, c. 374, &sect; 8 repealed by Laws 2005, c. 1, &sect; 88, emerg. eff. March 15, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.25. Violation of act - Penalty - Perjury.&nbsp;</span></p> <p><span class="cls0">A. The violation of any provision of the Oklahoma Pharmacy Act for which no penalty is specifically provided shall be punishable as a misdemeanor.&nbsp;</span></p> <p><span class="cls0">B. Any person who shall willfully make any false representations in procuring or attempting to procure for himself or herself, or for another, licensure under the Oklahoma Pharmacy Act shall be guilty of the felony of perjury.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 452, &sect; 25. Amended by Laws 1993, c. 199, &sect; 17, emerg. eff. May 24, 1993; Laws 1997, c. 133, &sect; 506, eff. July 1, 1999; Laws 2009, c. 321, &sect; 19, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 506 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-353.26. Revocation or suspension of certificate, license or permit - Grounds - Procedure.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Pharmacy may:&nbsp;</span></p> <p><span class="cls0">1. Revoke or suspend any certificate, license or permit issued pursuant to the Oklahoma Pharmacy Act or reprimand or place on probation any holder of a certificate, license, or permit who:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;violates any provision of the Oklahoma Pharmacy Act,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;violates any of the provisions of the Uniform Controlled Dangerous Substances Act,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;has been convicted of a felony or has pleaded guilty or no contest to a felony,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;engages in the practice of pharmacy while incapacitated or abuses intoxicating liquors or other chemical substances,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;conducts himself or herself in a manner likely to lower public esteem for the profession of pharmacy,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;has been disciplined by another State Board of Pharmacy or by another state or federal entity,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;has been legally adjudged to be not mentally competent, or&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;exercises conduct and habits inconsistent with the rules of professional conduct established by the Board; and&nbsp;</span></p> <p><span class="cls0">2. Levy administrative fines not to exceed Three Thousand Dollars ($3,000.00) for each count of which any holder of a certificate, license, or permit has been convicted in Board hearings.&nbsp;</span></p> <p><span class="cls0">B. 1. The Board, its employees, or other agents of the Board shall keep confidential information obtained during an investigation into violations of the Oklahoma Pharmacy Act; provided, however, such information may be introduced by the state in administrative proceedings before the Board and the information then becomes a public record. To ensure the confidentiality of such information obtained during the investigation but not introduced in administrative proceedings, this information shall not be deemed to be a record as that term is defined in the Oklahoma Open Records Act, nor shall the information be subject to subpoena or discovery in any civil or criminal proceedings, except that the Board may give such information to law enforcement and other state agencies as necessary and appropriate in the discharge of the duties of that agency and only under circumstances that ensure against unauthorized access to the information.&nbsp;</span></p> <p><span class="cls0">2. The respondent may acquire information obtained during an investigation, unless the disclosure of the information is otherwise prohibited, except for the investigative report, if the respondent signs a protective order whereby the respondent agrees to use the information solely for the purpose of defense in the Board proceeding and in any appeal therefrom and agrees not to otherwise disclose the information.&nbsp;</span></p> <p><span class="cls0">C. 1. The Board shall mail by certified mail to respondent at the last address provided by respondent to the Board, at least ten (10) days before the hearing, the sworn complaint filed with its Executive Director against respondent and notice of the date and place of a hearing thereon. Alternatively, the Board may serve respondent personally by any person appointed to make service by the Executive Director of the Board and in any manner authorized by the law of this state for the personal service of summonses in proceedings in a state court. If the Board finds that the allegations of the complaint are supported by the evidence rendered at the hearing, the Board is hereby authorized and empowered to, by written order, revoke permanently or suspend for a designated period, the certificate, license or permit of the respondent and/or reprimand, place on probation and/or fine the respondent.&nbsp;</span></p> <p><span class="cls0">2. The Board may, upon written application therefor and in the exercise of its official discretion, cancel the order.&nbsp;</span></p> <p><span class="cls0">3. A person whose certificate, license or permit has been revoked or suspended or who has been reprimanded or placed on probation or fined may appeal such Board order pursuant to the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">D. A person, other than a pharmacy technician, whose license or permit has been suspended by the Board or by operation of law shall pay a reinstatement fee not to exceed One Hundred Fifty Dollars ($150.00) as a condition of reinstatement of the license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 452, &sect; 26, emerg. eff. May 22, 1961. Amended by Laws 1976, c. 83, &sect; 5, emerg. eff. May 3, 1976; Laws 1981, c. 75, &sect; 4, emerg. eff. April 16, 1981; Laws 1982, c. 172, &sect; 5, emerg. eff. April 16, 1982; Laws 1993, c. 199, &sect; 19, emerg. eff. May 24, 1993; Laws 2002, c. 408, &sect; 4, emerg. eff. June 5, 2002; Laws 2004, c. 523, &sect; 22, emerg. eff. June 9, 2004; Laws 2009, c. 321, &sect; 20, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.27. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.28. Renumbered as &sect;36-4511 by Laws 1990, c. 127, &sect; 1, eff. Sept. 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;59-353.29. Supportive personnel - Pharmacy technician permit - Application - Fee - Renewal - Late fee.&nbsp;</span></p> <p><span class="cls0">A. Supportive personnel may be used in the practice of pharmacy if used in compliance with rules established by the State Board of Pharmacy.&nbsp;</span></p> <p><span class="cls0">B. 1. No person shall serve as a pharmacy technician without first procuring a permit from the Board.&nbsp;</span></p> <p><span class="cls0">2. An application for an initial or renewal permit issued pursuant to this subsection shall be:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;made in writing, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;accompanied by a permit fee not to exceed Seventy-five Dollars ($75.00) for each period of one (1) year.&nbsp;</span></p> <p class="cls10"><span class="cls0">A permit issued pursuant to this subsection shall be valid for a period to be determined by the Board.&nbsp;</span></p> <p><span class="cls0">3. A pharmacy technician who fails to complete an application for a renewal permit by the fifteenth day after the expiration of the permit shall pay a late fee to be fixed by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 199, &sect; 20, emerg. eff. May 24, 1993. Amended by Laws 2004, c. 523, &sect; 23, emerg. eff. June 9, 2004; Laws 2009, c. 321, &sect; 21, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-353.30. Use of agreements - Training requirements and administration of immunizations and therapeutic injections.&nbsp;</span></p> <p><span class="cls0">A. The use of agreements in the practice of pharmacy shall be acceptable within the rules promulgated by the State Board of Pharmacy and in consultation with the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners.&nbsp;</span></p> <p class="cls11"><span class="cls0">B. The Board shall develop and prepare permanent rules relating to training requirements and administration of immunizations and therapeutic injections in consultation within the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners.&nbsp;</span></p> <p class="cls11"><span class="cls0">C. A pharmacist who has completed a requisite course of training as approved by the Board in consultation with the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners may administer immunizations and therapeutic injections on orders from an osteopathic physician or allopathic physician.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 408, &sect; 5, emerg. eff. June 5, 2002. Amended by Laws 2003, c. 307, &sect; 1, emerg. eff. May 27, 2003; Laws 2009, c. 321, &sect; 22, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-354. Prescription as property right of patient - Duty to provide reference copies and transfer prescriptions.&nbsp;</span></p> <p><span class="cls0">A. A prescription is the property of the patient for whom it is prescribed.&nbsp;</span></p> <p><span class="cls0">B. No pharmacist shall refuse, upon request by that customer in person or through an authorized pharmacist, to supply a reference copy in writing or by telephone.&nbsp;</span></p> <p><span class="cls0">C. No licensed practitioner shall refuse to honor the request of his or her patient to have his or her prescription transferred to the licensed pharmacist or licensed pharmacy of the patient's choice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 79, &sect; 1, emerg. eff. April 19, 1974. Amended by Laws 1993, c. 199, &sect; 21, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 23, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-355. Repealed by Laws 2009, c. 321, &sect; 27, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;59-355.1. Dispensing dangerous drugs - Procedure - Registration - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. Except as provided for in Section 353.1 et seq. of this title, only a licensed practitioner may dispense dangerous drugs to such practitioner's patients, and only for the expressed purpose of serving the best interests and promoting the welfare of such patients. The dangerous drugs shall be dispensed in an appropriate container to which a label has been affixed, such label to include the name and office address of the licensed practitioner, date dispensed, name of patient, directions for administration, prescription number, the trade or generic name and the quantity and strength, not meaning ingredients, of the drug therein contained; provided, this requirement shall not apply to compounded medicines. The licensed practitioner shall keep a suitable book, file or record in which shall be preserved for a period of not less than five (5) years a record of every dangerous drug compounded or dispensed by the licensed practitioner.&nbsp;</span></p> <p><span class="cls0">B. A licensed practitioner desiring to dispense dangerous drugs pursuant to this section shall register annually with the appropriate licensing board as a dispenser, through a regulatory procedure adopted and prescribed by such licensing board.&nbsp;</span></p> <p><span class="cls0">C. A licensed practitioner who dispenses professional samples to patients shall be exempt from the requirement of subsection B of this section if:&nbsp;</span></p> <p><span class="cls0">1. The licensed practitioner furnishes the professional samples to the patient in the package provided by the manufacturer;&nbsp;</span></p> <p><span class="cls0">2. No charge is made to the patient; and&nbsp;</span></p> <p><span class="cls0">3. An appropriate record is entered in the patient's chart.&nbsp;</span></p> <p><span class="cls0">D. This section shall not apply to the services provided through the State Department of Health, city/county health departments, or the Department of Mental Health and Substance Abuse Services.&nbsp;</span></p> <p><span class="cls0">E. This section shall not apply to organizations and services incorporated as state or federal taxexempt charitable nonprofit entities and/or organizations and services receiving all or part of their operating funds from a local, state or federal governmental entity; provided, such organizations and services shall comply with the labeling and recordkeeping requirements set out in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 20, &sect; 5, eff. Nov. 1, 1987. Amended by Laws 1987, c. 168, &sect; 5, eff. Nov. 1, 1987; Laws 1990, c. 51, &sect; 122, emerg. eff. April 9, 1990; Laws 1997, c. 250, &sect; 5, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-355.2. Violations of act &ndash; Adoption of rules.&nbsp;</span></p> <p><span class="cls0">A. A licensed practitioner violating any of the provisions of this act shall be subject to appropriate actions established in the rules and regulations of his or her licensing board.&nbsp;</span></p> <p><span class="cls0">B. Rules relating to the Oklahoma Pharmacy Act shall be adopted by the appropriate licensing boards after consultation and review with the Oklahoma State Board of Pharmacy prior to the effective date of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 20, &sect; 6, eff. Nov. 1, 1987. Amended by Laws 2009, c. 321, &sect; 24, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-355.3. Renumbered as &sect; 2-312.1 of Title 63 by Laws 1990, c. 271, &sect; 3, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;59-356. Pharmacy Audit Integrity Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Pharmacy Audit Integrity Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 137, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-356.1. Definitions &ndash; Purpose - Application.&nbsp;</span></p> <p><span class="cls0">A. For purposes of the Pharmacy Audit Integrity Act, &ldquo;pharmacy benefits manager&rdquo; or &ldquo;PBM&rdquo; means a person, business, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a PBM in a contractual or employment relationship in the performance of pharmacy benefits management for a managed care company, nonprofit hospital, medical service organization, insurance company, third-party payor, or a health program administered by a department of this state.&nbsp;</span></p> <p><span class="cls0">B. The purpose of the Pharmacy Audit Integrity Act is to establish minimum and uniform standards and criteria for the audit of pharmacy records by or on behalf of certain entities.&nbsp;</span></p> <p><span class="cls0">C. The Pharmacy Audit Integrity Act shall apply to any audit of the records of a pharmacy conducted by a managed care company, nonprofit hospital, medical service organization, insurance company, third-party payor, pharmacy benefits manager, a health program administered by a department of this state, or any entity that represents these companies, groups, or departments.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 137, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-356.2. Pharmacy audit requirements - Computerized medical records - Written report - Copy - Recoupment.&nbsp;</span></p> <p><span class="cls0">A. The entity conducting an audit of a pharmacy shall:&nbsp;</span></p> <p><span class="cls0">1. Identify and describe the audit procedures in the pharmacy contract. Unless otherwise agreed to in contract by both parties, prescription claim documentation and record-keeping requirements shall not exceed the requirements set forth by the Oklahoma Pharmacy Act or other applicable state or federal laws or regulations;&nbsp;</span></p> <p><span class="cls0">2. For an on-site audit, give the pharmacy written notice, including identification of prescription numbers to be audited, at least two (2) weeks prior to conducting the on-site audit. The pharmacy shall have the opportunity to reschedule the audit no more than seven (7) days from the date designated on the original audit notification;&nbsp;</span></p> <p><span class="cls0">3. For an on-site audit, not interfere with the delivery of pharmacist services to a patient and shall utilize every reasonable effort to minimize inconvenience and disruption to pharmacy operations during the audit process;&nbsp;</span></p> <p><span class="cls0">4. Conduct any audit involving clinical or professional judgment by means of or in consultation with a licensed pharmacist;&nbsp;</span></p> <p><span class="cls0">5. Not consider as fraud any clerical or record-keeping error, such as a typographical error, scrivener&rsquo;s error, or computer error regarding a required document or record; however, such errors may be subject to recoupment. The pharmacy shall have the right to submit amended claims to correct clerical or record-keeping errors in lieu of recoupment, provided that the prescription was dispensed according to prescription documentation requirements set forth by the Oklahoma Pharmacy Act. To the extent that an audit results in the identification of any clerical or record-keeping errors such as typographical errors, scrivener&rsquo;s errors or computer errors in a required document or record, the pharmacy shall not be subject to recoupment of funds by the pharmacy benefits manager unless the pharmacy benefits manager can provide proof of intent to commit fraud or such error results in actual financial harm to the pharmacy benefits manager, a health insurance plan managed by the pharmacy benefits manager or a consumer. A person shall not be subject to criminal penalties for errors provided for in this paragraph without proof of intent to commit fraud;&nbsp;</span></p> <p><span class="cls0">6. Permit a pharmacy to use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug;&nbsp;</span></p> <p><span class="cls0">7. Base a finding of an overpayment or underpayment on a projection based on the number of patients served having similar diagnoses or on the number of similar orders or refills for similar drugs; provided, recoupment of claims shall be based on the actual overpayment or underpayment of each identified claim. A projection for overpayment or underpayment may be used to determine recoupment as part of a settlement as agreed to by the pharmacy;&nbsp;</span></p> <p><span class="cls0">8. Not include the dispensing fee amount in a finding of an overpayment unless a prescription was not actually dispensed or a physician denied authorization or as otherwise agreed to by contract;&nbsp;</span></p> <p><span class="cls0">9. Audit each pharmacy under the same standards and parameters as other similarly situated pharmacies audited by the entity;&nbsp;</span></p> <p><span class="cls0">10. Not exceed two (2) years from the date the claim was submitted to or adjudicated by a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, pharmacy benefits manager, a health program administered by a department of this state, or any entity that represents the companies, groups, or departments for the period covered by an audit;&nbsp;</span></p> <p><span class="cls0">11. Not schedule or initiate an audit during the first seven (7) calendar days of any month due to the high volume of prescriptions filled in the pharmacy during that time unless otherwise consented to by the pharmacy; and&nbsp;</span></p> <p><span class="cls0">12. Disclose to any plan sponsor whose claims were included in the audit any money recouped in the audit.&nbsp;</span></p> <p><span class="cls0">B. A pharmacy may provide the pharmacy's computerized patterned medical records or the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of supporting the pharmacy record with respect to orders or refills of a legend or narcotic drug.&nbsp;</span></p> <p><span class="cls0">C. The entity conducting the audit shall not audit more than seventy-five (75) prescriptions per initial audit.&nbsp;</span></p> <p><span class="cls0">D. If paper copies of records are requested by the entity conducting the audit, the entity shall pay twenty-five cents ($0.25) per page to cover the costs incurred by the pharmacy.&nbsp;</span></p> <p><span class="cls0">E. The entity conducting the audit shall provide the pharmacy with a written report of the audit and shall:&nbsp;</span></p> <p><span class="cls0">1. Deliver a preliminary audit report to the pharmacy within ninety (90) calendar days after conclusion of the audit;&nbsp;</span></p> <p><span class="cls0">2. Allow the pharmacy at least sixty (60) calendar days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during the audit; provided, however, a pharmacy may request an extension, not to exceed an additional sixty (60) calendar days;&nbsp;</span></p> <p><span class="cls0">3. Deliver a final audit report to the pharmacy signed by the auditor within one hundred twenty (120) calendar days after receipt of the preliminary audit report or final appeal, as provided for in Section 356.3 of this title, whichever is later;&nbsp;</span></p> <p><span class="cls0">4. Recoup any disputed funds after final internal disposition of the audit, including the appeals process as provided for in Section 356.3 of this title. Unless otherwise agreed by the parties, future payments to the pharmacy may be withheld pending finalization of the audit should the identified discrepancy exceed Twenty-five Thousand Dollars ($25,000.00); and&nbsp;</span></p> <p><span class="cls0">5. Not accrue interest during the audit and appeal period.&nbsp;</span></p> <p><span class="cls0">F. Each entity conducting an audit shall provide a copy of the final audit results, and a final audit report upon request, after completion of any review process to the plan sponsor.&nbsp;</span></p> <p><span class="cls0">G. 1. The full amount of any recoupment on an on-site audit shall be refunded to the plan sponsor. Except as provided for in paragraph 2 of this subsection, a charge or assessment for an audit shall not be based, directly or indirectly, on amounts recouped.&nbsp;</span></p> <p><span class="cls0">2. This subsection does not prevent the entity conducting the audit from charging or assessing the responsible party, directly or indirectly, based on amounts recouped if both of the following conditions are met:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the plan sponsor and the entity conducting the audit have a contract that explicitly states the percentage charge or assessment to the plan sponsor, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a commission to an agent or employee of the entity conducting the audit is not based, directly or indirectly, on amounts recouped.&nbsp;</span></p> <p><span class="cls0">H. Unless superseded by state or federal law, auditors shall only have access to previous audit reports on a particular pharmacy conducted by the auditing entity for the same pharmacy benefits manager, health plan or insurer. An auditing vendor contracting with multiple pharmacy benefits managers or health insurance plans shall not use audit reports or other information gained from an audit on a particular pharmacy to conduct another audit for a different pharmacy benefits manager or health insurance plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 137, &sect; 3, eff. Nov. 1, 2008. Amended by Laws 2011, c. 375, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-356.3. Appeals process - Dismissal - Fraud or willful misrepresentation - Application of act.&nbsp;</span></p> <p><span class="cls0">A. Each entity conducting an audit shall establish a written appeals process under which a pharmacy may appeal an unfavorable preliminary audit report and/or final audit report to the entity.&nbsp;</span></p> <p><span class="cls0">B. Following an appeal, if the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or the unsubstantiated portion of the audit report without any further action.&nbsp;</span></p> <p><span class="cls0">C. Any final audit report with a finding of fraud or willful misrepresentation shall be referred to the district attorney having proper jurisdiction or the Attorney General for prosecution upon completion of the appeals process.&nbsp;</span></p> <p><span class="cls0">D. This act does not apply to any audit, review or investigation that is initiated based on or that involves suspected or alleged fraud, willful mispresentation or abuse.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 137, &sect; 4, eff. Nov. 1, 2008. Amended by Laws 2011, c. 375, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-356.4. Extrapolation audit prohibited.&nbsp;</span></p> <p><span class="cls0">A. For the purposes of the Pharmacy Audit Integrity Act, &ldquo;extrapolation audit&rdquo; means an audit of a sample of prescription drug benefit claims submitted by a pharmacy to the entity conducting the audit that is then used to estimate audit results for a larger batch or group of claims not reviewed by the auditor.&nbsp;</span></p> <p><span class="cls0">B. The entity conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 137, &sect; 5, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-356.5. Retrospective application &ndash; Audits not covered by act.&nbsp;</span></p> <p><span class="cls0">A. The audit criteria set forth in the Pharmacy Audit Integrity Act shall apply only to audits of claims for services provided and claims submitted for payment after this act becomes law.&nbsp;</span></p> <p><span class="cls0">B. The Pharmacy Audit Integrity Act shall not apply to any audit, including but not limited to audits conducted by or on behalf of a state agency, which involves fraud, willful misrepresentation, abuse or Medicaid payments including, without limitation, investigative audits or any other statutory provision which authorizes investigations relating to insurance fraud.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 137, &sect; 6, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-361. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-362. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-363. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59364. Certification renewal - Continuing professional education requirement.&nbsp;</span></p> <p><span class="cls0">No annual renewal certificate shall be issued to a pharmacist until such pharmacist shall have submitted proof to the Board that he has participated in not less than fifteen (15) clock hours of continuing education obtained through the satisfactory completion of an accredited program of continuing professional education during the previous calendar year.&nbsp;</span></p> <p><span class="cls0">Laws 1973, c. 144, &sect; 4; Laws 1993, c. 199, &sect; 23, emerg. eff. May 24, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-365. Repealed by Laws 1993, c. 199, &sect; 25, emerg. eff. May 24, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-366. Alternative methods of meeting continuing education requirement - Inactive renewal certificate of licensure.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Pharmacy may grant to a pharmacist who meets all the necessary requirements for licensure, except the continuing education requirements, alternate methods of obtaining continuing education hours.&nbsp;</span></p> <p><span class="cls0">B. 1. Any pharmacist who does not meet the requirement for continuing education may obtain an inactive renewal certificate of licensure.&nbsp;</span></p> <p><span class="cls0">2. The holder of an inactive renewal certificate of licensure shall not engage in the practice of pharmacy in Oklahoma.&nbsp;</span></p> <p><span class="cls0">3. The holder of an inactive renewal certificate of licensure shall apply to the State Board of Pharmacy to be removed from the inactive status.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 144, &sect; 6. Amended by Laws 1976, c. 43, &sect; 1, emerg. eff. April 5, 1976; Laws 1993, c. 199, &sect; 24, emerg. eff. May 24, 1993; Laws 2009, c. 321, &sect; 25, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-367.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 7 of this act shall be known and may be cited as the &ldquo;Utilization of Unused Prescription Medications Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 374, &sect; 1, emerg. eff. June 3, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-367.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Utilization of Unused Prescription Medications Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Assisted living center&rdquo; has the same meaning as such term is defined in Section 1-890.2 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Cancer drugs&rdquo; means any of several drugs that control or kill neoplastic cells, commonly referred to as &ldquo;cancer-fighting drugs&rdquo;; and includes, but is not limited to, drugs used in chemotherapy to destroy cancer cells;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Health care professional&rdquo; means any of the following persons licensed and authorized to prescribe and dispense drugs or to provide medical, dental, or other health-related diagnoses, care or treatment within the scope of their professional license:&nbsp;</span></p> <p class="cls2"><span class="cls12">a.&nbsp;&nbsp;<span class="cls13">a physician holding a current license to practice medicine pursuant to Chapter 11 or Chapter 14 of Title 59 of the Oklahoma Statutes,&nbsp;</span></span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;an advanced practice nurse licensed pursuant to Chapter 12 of Title 59 of the Oklahoma Statutes,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a physician assistant licensed pursuant to Chapter 11 of Title 59 of the Oklahoma Statutes,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a dentist licensed pursuant to Chapter 7 of Title 59 of the Oklahoma Statutes,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;an optometrist licensed pursuant to Chapter 13 of Title 59 of the Oklahoma Statutes, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a pharmacist licensed pursuant to Chapter 8 of Title 59 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Medically indigent&rdquo; means a person eligible to receive Medicaid or Medicare or a person who has no health insurance and who otherwise lacks reasonable means to purchase prescribed medications;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Charitable clinic&rdquo; means a charitable nonprofit corporation or a facility organized as a not-for-profit pursuant to the provisions of the Oklahoma General Corporation Act that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;holds a valid exemption from federal income taxation issued pursuant to Section 501(a) of the Internal Revenue Code (26 U.S.C., Section 501(a)),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is listed as an exempt organization under 501(c) of the Internal Revenue Code (26 U.S.C., Section 501(c)),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;provides on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at such facility advice, counseling, diagnosis, treatment, surgery, care or services relating to the preservation or maintenance of health, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;has a licensed outpatient pharmacy; and&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Prescription drug&rdquo; means a drug which may be dispensed only upon prescription by a health care professional authorized by his or her licensing authority and which is approved for safety and effectiveness as a prescription drug under Section 505 or 507 of the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938), 21 U.S.C.A., Section 301).&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 374, &sect; 2, emerg. eff. June 3, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-367.3. Program for utilization of unused prescription drugs.&nbsp;</span></p> <p><span class="cls0">A. The Board of Pharmacy shall implement statewide a program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled dangerous substances in Section 2-101 of Title 63 of the Oklahoma Statutes, may be transferred from residential care homes, nursing facilities, assisted living centers, public intermediate care facilities for people with mental retardation (ICF/MR) or pharmaceutical manufacturers to pharmacies operated by a county. If no county pharmacy exists, or if a county pharmacy chooses not to participate, such unused prescription medications may be transferred to a pharmacy operated by a city-county health department or a pharmacy under contract with a city-county health department, a pharmacy operated by the Department of Mental Health and Substance Abuse Services or a charitable clinic for the purpose of distributing the unused prescription medications to Oklahoma residents who are medically indigent.&nbsp;</span></p> <p><span class="cls0">B. The Board of Pharmacy shall promulgate rules and establish procedures necessary to implement the program established by the Utilization of Unused Prescription Medications Act.&nbsp;</span></p> <p><span class="cls0">C. The Board of Pharmacy shall provide technical assistance to entities who may wish to participate in the program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 281, &sect; 1, eff. Nov. 1, 2001. Amended by Laws 2002, c. 462, &sect; 3, eff. July 1, 2002; Laws 2003, c. 167, &sect; 1, emerg. eff. May 5, 2003; Laws 2004, c. 374, &sect; 3, emerg. eff. June 3, 2004. Renumbered from &sect; 1-1918.2 of Title 63 by Laws 2004, c. 374, &sect; 9, emerg. eff. June 3, 2004. Amended by Laws 2005, c. 285, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 109, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-367.4. Criteria for accepting unused prescription drugs.&nbsp;</span></p> <p><span class="cls0">The following criteria shall be used in accepting unused prescription drugs for use under the Utilization of Unused Prescription Medications Act:&nbsp;</span></p> <p><span class="cls0">1. Only prescription drugs in their original sealed unit dose packaging or unused injectables shall be accepted and dispensed pursuant to the Utilization of Unused Prescription Medications Act;&nbsp;</span></p> <p><span class="cls0">2. The packaging must be unopened, except that cancer drugs packaged in single-unit doses may be accepted and dispensed when the outside packaging is opened if the single-unit-dose packaging has not been opened;&nbsp;</span></p> <p><span class="cls0">3. Expired prescription drugs shall not be accepted;&nbsp;</span></p> <p><span class="cls0">4. A prescription drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug is adulterated;&nbsp;</span></p> <p><span class="cls0">5. No controlled dangerous substances shall be accepted; and&nbsp;</span></p> <p><span class="cls0">6. Subject to the limitation specified in this section, unused prescription drugs dispensed for purposes of a medical assistance program or drug product donation program may be accepted and dispensed under the Utilization of Unused Prescription Medications Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 374, &sect; 4, emerg. eff. June 3, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-367.5. Participation in program voluntary &ndash; Acts and obligations of participating organization &ndash; Government reimbursement not considered resale.&nbsp;</span></p> <p><span class="cls0">A. Participation in the Utilization of Unused Prescription Medications Act by pharmacies, nursing homes, assisted living centers, charitable clinics or prescription drug manufacturers shall be voluntary. Nothing in the Utilization of Unused Prescription Medications Act shall require any pharmacy, nursing home, assisted living center, charitable clinic or prescription drug manufacturer to participate in the program.&nbsp;</span></p> <p><span class="cls0">B. A pharmacy or charitable clinic which meets the eligibility requirements established in the Utilization of Unused Prescription Medications Act may:&nbsp;</span></p> <p><span class="cls0">1. Dispense prescription drugs donated under the Utilization of Unused Prescription Medications Act to persons who are medically indigent residents of Oklahoma as established in rules by the Board of Pharmacy; and&nbsp;</span></p> <p><span class="cls0">2. Charge persons receiving donated prescription drugs a handling fee established by rule by the Board of Pharmacy.&nbsp;</span></p> <p><span class="cls0">C. A pharmacy or charitable clinic which meets the eligibility requirements established and authorized by the Utilization of Unused Prescription Medications Act which accepts donated prescription drugs shall:&nbsp;</span></p> <p><span class="cls0">1. Comply with all applicable federal and state laws related to the storage and distribution of dangerous drugs;&nbsp;</span></p> <p><span class="cls0">2. Inspect all prescription drugs prior to dispensing the prescription drugs to determine that such drugs are not adulterated; and&nbsp;</span></p> <p><span class="cls0">3. Dispense prescription drugs only pursuant to a prescription issued by a health care professional.&nbsp;</span></p> <p><span class="cls0">D. Prescription drugs donated under the Utilization of Unused Prescription Medications Act shall not be resold.&nbsp;</span></p> <p><span class="cls0">E. For purposes of the Utilization of Unused Prescription Medications Act, reimbursement from governmental agencies to charitable clinics shall not be considered resale of prescription drugs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 374, &sect; 5, emerg. eff. June 3, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-367.6. Liability of participating organizations and manufacturers &ndash; Bad faith or gross negligence.&nbsp;</span></p> <p><span class="cls0">A. For matters related only to the lawful donation, acceptance, or dispensing of prescription drugs under the Utilization of Unused Prescription Medications Act, the following persons and entities, in compliance with the Utilization of Unused Prescription Medications Act, in the absence of bad faith or gross negligence, shall not be subject to criminal or civil liability for injury other than death, or loss to person or property, or professional disciplinary action:&nbsp;</span></p> <p><span class="cls0">1. The Board of Pharmacy;&nbsp;</span></p> <p><span class="cls0">2. The Department of Mental Health and Substance Abuse Services;&nbsp;</span></p> <p><span class="cls0">3. Any prescription drug manufacturer, governmental entity, nursing home, or assisted living center donating prescription drugs under the Utilization of Unused Prescription Medications Act;&nbsp;</span></p> <p><span class="cls0">4. Any prescription drug manufacturer or its representative that directly donates prescription drugs in professional samples to a charitable clinic or a pharmacy under the Utilization of Unused Prescription Medications Act;&nbsp;</span></p> <p><span class="cls0">5. Any pharmacy, charitable clinic or health care professional that accepts or dispenses prescription drugs under the Utilization of Unused Prescription Medications Act; and&nbsp;</span></p> <p><span class="cls0">6. Any pharmacy, charitable clinic, city-county pharmacy or other state-contracted pharmacy that employs a health care professional who accepts or can legally dispense prescription drugs under the Utilization of Unused Prescription Medications Act and the Oklahoma Pharmacy Act.&nbsp;</span></p> <p><span class="cls0">B. For matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any entity under the Utilization of Unused Prescription Medications Act, a prescription drug manufacturer shall not, in the absence of bad faith or gross negligence, be subject to criminal or civil liability for injury other than for death, or loss to person or property including, but not limited to, liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 374, &sect; 6, emerg. eff. June 3, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-367.7. Promulgation of rules &ndash; Donation of unused prescription drugs.&nbsp;</span></p> <p><span class="cls0">A. The Board of Pharmacy shall promulgate emergency rules by December 1, 2004, to implement the Utilization of Unused Prescription Medications Act. Permanent rules shall be promulgated pursuant to the Administrative Procedures Act. Such rules shall include:&nbsp;</span></p> <p><span class="cls0">1. Eligibility criteria for pharmacies and charitable clinics authorized to receive and dispense donated prescription drugs under the Utilization of Unused Prescription Medications Act;&nbsp;</span></p> <p><span class="cls0">2. Establishment of a formulary which shall include all prescription drugs approved by the federal Food and Drug Administration;&nbsp;</span></p> <p><span class="cls0">3. Standards and procedures for transfer, acceptance, safe storage, security, and dispensing of donated prescription drugs;&nbsp;</span></p> <p><span class="cls0">4. A process for seeking input from the State Department of Health in establishing provisions which affect nursing homes and assisted living centers;&nbsp;</span></p> <p><span class="cls0">5. A process for seeking input from the Department of Mental Health and Substance Abuse Services in establishing provisions which affect mental health and substance abuse clients;&nbsp;</span></p> <p><span class="cls0">6. Standards and procedures for inspecting donated prescription drugs to ensure that the drugs are in compliance with the Utilization of Unused Prescription Medications Act and to ensure that, in the professional judgment of the pharmacist, the medications meet all federal and state standards for product integrity;&nbsp;</span></p> <p><span class="cls0">7. Procedures for destruction of medications that are donated which are controlled substances;&nbsp;</span></p> <p><span class="cls0">8. Procedures for verifying whether the pharmacy and responsible pharmacist participating in the program are licensed and in good standing with the Board of Pharmacy;&nbsp;</span></p> <p><span class="cls0">9. Establishment of standards for acceptance of unused prescription medications from assisted living centers; and&nbsp;</span></p> <p><span class="cls0">10. Any other standards and procedures the Board of Pharmacy deems appropriate or necessary to implement the provisions of the Utilization of Unused Prescription Medications Act.&nbsp;</span></p> <p><span class="cls0">B. In accordance with the rules and procedures of the program established pursuant to this section, a resident of a nursing facility or assisted living center, or the representative or guardian of a resident may donate unused prescription medications, other than prescription drugs defined as controlled dangerous substances by Section 2-101 of Title 63 of the Oklahoma Statutes, for dispensation to medically indigent persons.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 374, &sect; 7, emerg. eff. June 3, 2004. Amended by Laws 2005, c. 73, &sect; 1, emerg. eff. April 19, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-367.8. Maintenance of controlled dangerous substances in emergency kits by pharmacies - Definitions.&nbsp;</span></p> <p><span class="cls0">A. A pharmacy may maintain controlled dangerous substances in an emergency medication kit used at a facility. The controlled dangerous substances may be used only for the emergency medication needs of a resident at the facility. A pharmacy may maintain drugs in an emergency medication kit for any facility.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Pharmacy shall promulgate rules relating to emergency medication kits, including, but not limited to:&nbsp;</span></p> <p><span class="cls0">1. The amount and type of controlled dangerous substances that may be maintained in an emergency medication kit;&nbsp;</span></p> <p><span class="cls0">2. Procedures regarding the use of drugs from an emergency medication kit;&nbsp;</span></p> <p><span class="cls0">3. Recordkeeping requirements; and&nbsp;</span></p> <p><span class="cls0">4. Security requirements.&nbsp;</span></p> <p><span class="cls0">C. As used in this section, "facility" means a facility as defined by the Nursing Home Care Act or an assisted living center as defined by the Continuum of Care and Assisted Living Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 74, &sect; 1, eff. Nov. 1, 2009. Amended by Laws 2010, c. 247, &sect; 1, emerg. eff. May 10, 2010; Laws 2011, c. 7, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-368. Access to prescription drugs for low income Oklahomans.&nbsp;</span></p> <p><span class="cls0">A. 1. This act shall be known and may be cited as the &ldquo;Oklahoma Prescription Drug Discount Program Act of 2005&rdquo;.&nbsp;</span></p> <p><span class="cls0">2. Recognizing that many Oklahomans do not have health insurance coverage for prescription drugs, the Oklahoma Legislature hereby establishes provisions to increase access to prescription drugs for low income Oklahomans.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Health Care Authority shall contract with a pharmacy benefit manager for the administration of a prescription drug discount program. Oklahoma incorporated entities having a strong working relationship with Oklahoma&rsquo;s pharmacies should be given preference when selecting the administrating entity to ensure Oklahoma pharmacy&rsquo;s participation and to ensure the success of the program. The prescription drug discount program will:&nbsp;</span></p> <p><span class="cls0">1. Enable persons without prescription drug coverage to be linked to appropriate manufacturer-sponsored prescription drug programs via the use of computer software;&nbsp;</span></p> <p><span class="cls0">2. Establish agreements with prescription drug manufacturers that outline available discounts and drugs, and in which prescription drug manufacturers agree to allow the Oklahoma Health Care Authority contracted pharmacy benefit manager to be the means testing agent for their programs;&nbsp;</span></p> <p><span class="cls0">3. Negotiate prescription drug discounts with manufacturers and utilize Medicaid reimbursement for pharmacy networks and implement a &ldquo;one-stop&rdquo; Oklahoma Prescription Drug Discount program for uninsured Oklahomans and their families. All negotiated manufacturer drug discounts shall be provided as a one-hundred-percent pass-through discount to the plan participant. The plan administrator will be required to provide the Oklahoma Health Care Authority full disclosure and transparency of financial relationships with manufacturers for this program, and will include right-to-audit provisions in all contracts with the Oklahoma Health Care Authority;&nbsp;</span></p> <p><span class="cls0">4. Ensure that one hundred percent (100%) of the savings from prescription drug manufacturers and pharmacies is passed on to the consumer;&nbsp;</span></p> <p><span class="cls0">5. Enroll persons into a prescription drug discount card program using specialized computer software that will allow the consumer to have access via a single application process to all participating prescription drug manufacturer discount programs;&nbsp;</span></p> <p><span class="cls0">6. Include outreach and advertising of the program in order to provide access to the program to potential consumers who do not have access to prescription drug coverage; and&nbsp;</span></p> <p><span class="cls0">7. Charge a basic enrollment fee to cover the administrative costs of the program; provided, however, this provision shall not apply to an applicant whose income is less than 150% of the Federal Poverty Level. Provided further, dispensing fees shall not exceed allowable Medicaid rates.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this act shall be construed to allow public disclosure of any proprietary pricing information as contained in contractual agreements between a pharmaceutical manufacturer and the Oklahoma Health Care Authority, or a pharmacy benefit manager under contract with the Oklahoma Health Care Authority to be the means testing agent for the program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 419, &sect; 1, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-369. Emergency contraceptive prescription.&nbsp;</span></p> <p><span class="cls0">Plan B One-Step, or its generic equivalent, also known as the "morning-after" emergency contraceptive, shall not be available to women under the age of seventeen (17) without a prescription. Such emergency contraceptive shall be dispensed by pharmacists to women seventeen (17) years of age and older without a prescription.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 362, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-381. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-382. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-383. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-384. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-385. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-386. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-387. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-388. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-389. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-390. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-391. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-392. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-393. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-394. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-395. Repealed by Laws 1941, p. 243, &sect; 28, emerg. eff. May 20, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;59-395.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 395.1 through 396.28 of this title, and Sections 24 through 26 of this act shall be known and may be cited as the "Funeral Services Licensing Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 1, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, &sect; 1, eff. July 1, 1999; Laws 2003, c. 57, &sect; 1, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396. Oklahoma Funeral Board - Appointment - Term - Qualifications.&nbsp;</span></p> <p><span class="cls0">There is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Funeral Board. Any reference in the statutes to the Oklahoma State Board of Embalmers and Funeral Directors shall be a reference to the Oklahoma Funeral Board. The Board shall consist of seven (7) persons, who shall be appointed by the Governor. The term of membership of each member of the Board shall be five (5) years from the expiration of the term of the member succeeded. Any member having served as a member of the Board shall be eligible for reappointment. Provided that, a member of the Board shall serve no more than two consecutive terms and any unexpired term that a member is appointed to shall not apply to this limit. The Governor shall appoint the necessary members to the Board upon vacancies and immediately prior to the expiration of the various terms. Upon request of the Governor, appointments of a licensed embalmer and funeral director member of the Board shall be made from a list of five qualified persons submitted by the Oklahoma Funeral Directors Association. An appointment to fill a vacancy shall be for the unexpired term. A member of the Board shall serve until a successor is appointed and qualified. No person shall be a member of the Board, unless, at the time of appointment, the person is of good moral character and a resident of this state. Five of the members shall have been actively engaged in the practice of embalming and funeral directing in this state for not less than seven (7) consecutive years immediately prior to the appointment of the person, shall have an active license as provided by the Funeral Services Licensing Act, shall keep the license effective, and remain a resident of this state during the entire time the person serves on the Board. Two of the members of the Board shall be chosen from the general public, one of whom shall, if possible, be a person licensed and actively engaged in the health care field, and shall not be licensed funeral directors or embalmers or have any interest, directly or indirectly, in any funeral establishment or any business dealing in funeral services, supplies or equipment. These two members shall be appointed to serve for five-year terms.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 235, &sect; 1, emerg. eff. May 20, 1941. Amended by Laws 1963, c. 117, &sect; 1, emerg. eff. May 31, 1963; Laws 1978, c. 96, &sect; 1, emerg. eff. March 29, 1978; Laws 1980, c. 312, &sect; 1, emerg. eff. June 17, 1980; Laws 1986, c. 30, &sect; 1, eff. July 1, 1986; Laws 1992, c. 3, &sect; 1; Laws 1998, c. 40, &sect; 1; Laws 2003, c. 57, &sect; 2, emerg. eff. April 10, 2003; Laws 2004, c. 28, &sect; 1; Laws 2010, c. 32, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.1. Oath of office.&nbsp;</span></p> <p><span class="cls0">Members of said Board, before entering upon their duties, shall take and subscribe to the oath of office provided for state officers, and the same shall be filed in the office of the Secretary of State.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 235, &sect; 2, emerg. eff. May 20, 1941.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.1A. Removal of Board members.&nbsp;</span></p> <p><span class="cls0">The Governor shall remove from membership of the Oklahoma Funeral Board, at any time, any member of the Board for continued neglect of duty required by the Funeral Services Licensing Act, conduct involving moral turpitude or any violation of the provisions of Section 396.12c of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 242, &sect; 22, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, &sect; 21, emerg. eff. April 10, 2003. Renumbered from &sect; 396.21 of this title by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.1B. Expenses of Board members - Executive director - Other personnel.&nbsp;</span></p> <p><span class="cls0">All of the members of the Oklahoma Funeral Board shall be reimbursed for travel expenses incident to attendance upon the business of the Board as provided in the State Travel Reimbursement Act. The Board is hereby authorized to employ an executive director at an annual salary to be set by the Board, payable monthly, and to rent and equip an office therefor in some city in the state to be selected by the Board. The Board shall not employ any of its members for a period of three (3) years following their expiration of term of office. The executive director shall keep such books, records, and perform such other lawful duties as are required by or placed upon the executive director by the Board, and shall be entitled to receive traveling expenses while in the performance of the duties as directed and prescribed by the Board. The executive director shall not accept any employment from any funeral home or wholesale house dealing in funeral supplies or equipment while acting as the executive director. The Board shall have the right and authority to employ necessary personnel to carry out the provisions of the Funeral Services Licensing Act. The expenses of the Board shall at no time exceed the monies available to the Fund of the Oklahoma Funeral Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws, 1941, p. 241, &sect; 19, emerg. eff. May 20, 1941. Amended by Laws 1945, p.195, &sect; 8, emerg. eff. April 28, 1945; Laws 1961, p. 456, &sect; 6, emerg. eff. July 11, 1961; Laws 1970, c. 311, &sect; 5, emerg. eff. April 27, 1970; Laws 1978, c. 96, &sect; 3, emerg. eff. March 29, 1978; Laws 1985, c. 178, &sect; 32, operative July 1, 1985; Laws 1999, c. 64, &sect; 15, eff. July 1, 1999; Laws 2003, c. 57, &sect; 19, emerg. eff. April 10, 2003. Renumbered from &sect; 396.18 of this title by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.1C. Executive director of Board - Powers and duties &ndash; Collection and disposition of funds.&nbsp;</span></p> <p><span class="cls0">The executive director of the Board shall keep and preserve all records of the Board, issue all necessary notices to the embalmers, funeral directors and apprentices of the state, and perform such other duties as may be imposed upon the executive director by the Board. The executive director is hereby authorized and empowered to collect, in the name and on behalf of the Board, the fees prescribed in the Funeral Services Licensing Act, and all fees so collected shall at the end of each month be deposited by the executive director with the State Treasurer. The State Treasurer shall place ten percent (10%) of the money so received in the general fund of the state, and the balance in a special fund to be known as the "Fund of the Oklahoma Funeral Board". Payment from the fund shall be upon warrants drawn by the State Treasurer against claims submitted by the Board to the Director of the Office of Management and Enterprise Services for approval and payment. All monies so received by the fund may be used by the Board in carrying out the provisions of the Funeral Services Licensing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 240, &sect; 15, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 194, &sect; 6, emerg. eff. April 28, 1945; Laws 1970, c. 311, &sect; 4, emerg. eff. April 27, 1970; Laws 1979, c. 47, &sect; 37, emerg. eff. April 9, 1979; Laws 1999, c. 64, &sect; 14, eff. July 1, 1999; Laws 2003, c. 57, &sect; 17, emerg. eff. April 10, 2003. Renumbered from &sect; 396.14 of this title by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003. Amended by Laws 2012, c. 304, &sect; 264.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-396.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Funeral Services Licensing Act:&nbsp;</span></p> <p><span class="cls0">1. "Embalmer" means a person who disinfects or preserves dead human remains, entire or in part, by the use of chemical substances, fluids or gases in the remains, or by the introduction of same into the remains by vascular or hypodermic injection, or by direct application into organs or cavities;&nbsp;</span></p> <p><span class="cls0">2. "Funeral director" means a person who:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is engaged in or conducts or represents themselves as being engaged in preparing for the burial or disposal and directing and supervising the burial or disposal of dead human remains,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is engaged in or conducts or represents themselves as being engaged in maintaining a funeral establishment for the preparation and the disposition, or for the care of dead human remains,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;uses, in connection with the name of the person or funeral establishment, the words "funeral director" or "undertaker" or "mortician" or any other title implying that the person is engaged as a funeral director,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;sells funeral service merchandise to the public, or&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;is responsible for the legal and ethical operation of a crematory;&nbsp;</span></p> <p><span class="cls0">3. "Funeral establishment" means a place of business used in the care and preparation for burial, commercial embalming, or transportation of dead human remains, or any place where any person or persons shall hold forth and be engaged in the profession of undertaking or funeral directing;&nbsp;</span></p> <p><span class="cls0">4. "Apprentice" means a person who is engaged in learning the practice of embalming or the practice of funeral directing, as the case may be, under the instruction and personal supervision of a duly licensed embalmer or a duly licensed funeral director of and in the State of Oklahoma, pursuant to the provisions of the Funeral Services Licensing Act, and who is duly registered as such with said Board;&nbsp;</span></p> <p><span class="cls0">5. "Board" means the Oklahoma Funeral Board;&nbsp;</span></p> <p><span class="cls0">6. "Directing a funeral" or "funeral directing" means directing funeral services from the time of the first call until final disposition or release to a common carrier or release to next of kin of the deceased or the designee of the next of kin;&nbsp;</span></p> <p><span class="cls0">7. "First call" means the beginning of the relationship and duty of the funeral director to take charge of dead human remains and have such remains prepared by embalming, cremation, or otherwise, for burial or disposition, provided all laws pertaining to public health in this state are complied with. First call does not include calls made by ambulance, when the person dispatching the ambulance does not know whether or not dead human remains are to be picked up;&nbsp;</span></p> <p><span class="cls0">8. "Personal supervision" means the physical presence of a licensed funeral director or embalmer at the specified time and place of the providing of acts of funeral service;&nbsp;</span></p> <p><span class="cls0">9. "Commercial embalming establishment" means a fixed place of business consisting of an equipped preparation room, and other rooms as necessary, for the specified purpose of performing preparation and shipping services of dead human remains to funeral establishments inside and outside this state;&nbsp;</span></p> <p><span class="cls0">10. "Funeral service merchandise or funeral services" means those products and services normally provided by funeral establishments and required to be listed on the General Price List of the Federal Trade Commission, 15 U.S.C., Section 57a(a), including, but not limited to, the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches or outer enclosures;&nbsp;</span></p> <p><span class="cls0">11. "Outer enclosure" means a grave liner, grave box, or grave vault;&nbsp;</span></p> <p><span class="cls0">12. "Funeral director in charge" means an individual licensed as both a funeral director and embalmer designated by a funeral service establishment, commercial embalming establishment, or crematory who is responsible for the legal and ethical operation of the establishment and is accountable to the Board;&nbsp;</span></p> <p><span class="cls0">13. "Authorizing agent" means a person legally entitled to order the cremation or final disposition of particular human remains pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">14. "Cremation" means the technical process, using heat and flame, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation shall include, but not be limited to, the processing and pulverization of the bone fragments.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 625, &sect; 3, emerg. eff. May 20, 1941. Amended by Laws 1963, c. 117, &sect; 2, emerg. eff. May 31, 1963; Laws 1989, c. 297, &sect; 2, eff. Nov. 1, 1989; Laws 1999, c. 64, &sect; 2, eff. July 1, 1999; Laws 2003, c. 57, &sect; 3, emerg. eff. April 10, 2003; Laws 2013, c. 97, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.2a. Board - Additional powers and duties.&nbsp;</span></p> <p><span class="cls0">In addition to any other powers and duties imposed by law, the Oklahoma Funeral Board shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Prescribe and promulgate rules necessary to effectuate the provisions of the Funeral Services Licensing Act, and to make orders as it may deem necessary or expedient in the performance of its duties;&nbsp;</span></p> <p><span class="cls0">2. Prepare, conduct and grade examinations, written or oral, of persons who apply for the issuance of licenses to them;&nbsp;</span></p> <p><span class="cls0">3. Determine the satisfactory passing score on such examinations and issue licenses to persons who pass the examinations or are otherwise entitled to licensure;&nbsp;</span></p> <p><span class="cls0">4. Determine eligibility for licenses and certificates of apprenticeship;&nbsp;</span></p> <p><span class="cls0">5. Issue licenses for funeral directors, embalmers, funeral establishments, commercial embalming establishments, and crematories;&nbsp;</span></p> <p><span class="cls0">6. Issue certificates of apprenticeship;&nbsp;</span></p> <p><span class="cls0">7. Upon good cause shown, as hereinafter provided, deny the issuance of a license or certificate of apprenticeship or suspend, revoke or refuse to renew licenses or certificates of apprenticeship, and upon proper showing, to reinstate them;&nbsp;</span></p> <p><span class="cls0">8. Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew;&nbsp;</span></p> <p><span class="cls0">9. Establish and levy administrative penalties against any person or entity who violates any of the provisions of the Funeral Services Licensing Act or any rule promulgated pursuant thereto;&nbsp;</span></p> <p><span class="cls0">10. Obtain an office, secure facilities and employ, direct, discharge and define the duties and set the salaries of office personnel as deemed necessary by the Board;&nbsp;</span></p> <p><span class="cls0">11. Initiate disciplinary, prosecution and injunctive proceedings against any person or entity who violates any of the provisions of the Funeral Services Licensing Act or any rule promulgated pursuant thereto;&nbsp;</span></p> <p><span class="cls0">12. Investigate alleged violations of the Funeral Services Licensing Act or of the rules, orders or final orders of the Board;&nbsp;</span></p> <p><span class="cls0">13. Promulgate rules of conduct governing the practice of licensed funeral directors, embalmers, funeral establishments, and commercial embalming establishments and sale of funeral service merchandise;&nbsp;</span></p> <p><span class="cls0">14. Keep accurate and complete records of its proceedings and certify the same as may be appropriate;&nbsp;</span></p> <p><span class="cls0">15. Request prosecution by the district attorney or the Attorney General of this state of any person or any violation of the Funeral Services Licensing Act;&nbsp;</span></p> <p><span class="cls0">16. When it deems appropriate, confer with the Attorney General of this state or the assistants of the Attorney General in connection with all legal matters and questions;&nbsp;</span></p> <p><span class="cls0">17. Take such other action as may be reasonably necessary or appropriate to effectuate the Funeral Services Licensing Act;&nbsp;</span></p> <p><span class="cls0">18. Promulgate rules, issue licenses, and regulate crematories pursuant to the Funeral Services Licensing Act;&nbsp;</span></p> <p><span class="cls0">19. Issue temporary licenses to a funeral establishment when its facilities are destroyed or damaged in order that the funeral establishment can continue to operate. During the effective period of the temporary license, the Board may waive certain licensing requirements if the funeral establishment is making a good faith effort to rebuild or restore its operations in order to meet all licensing requirements; and&nbsp;</span></p> <p><span class="cls0">20. Promulgate rules for continuing education for licensees pursuant to Section 8 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 3, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, &sect; 3, eff. July 1, 1999; Laws 2003, c. 57, &sect; 4, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.3. Qualifications and examination of funeral directors and embalmers - Approved schools &ndash; Licenses.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Funeral Board shall determine the qualifications necessary to enable any person to practice as a funeral director or embalmer, and prescribe the requirements for a funeral establishment or commercial embalming establishment. The Board shall examine all applicants for licenses to practice as a funeral director or embalmer. The Board shall issue the proper licenses to applicants who successfully pass such examination and qualify pursuant to any additional requirements the Board may prescribe.&nbsp;</span></p> <p><span class="cls0">B. The minimum requirements for a license to practice funeral directing or embalming, or both, are as follows:&nbsp;</span></p> <p><span class="cls0">An applicant for a license to practice embalming shall be at least twenty (20) years of age, a legal resident of this state, a citizen or permanent resident of the United States, and of good moral character. In addition, an applicant shall have at least sixty (60) semester hours of study earned, measured in quarter or clock hours, from a regionally accredited college or university, shall be a graduate of a program of mortuary science accredited by the American Board of Funeral Service Education, and have served one (1) year as a registered apprentice. The applicant may serve as a registered apprentice prior to enrollment in an approved school of mortuary science, or subsequent to graduation from said school.&nbsp;</span></p> <p><span class="cls0">Curriculum of study for an embalmer and/or funeral director is a program of mortuary science which shall be that prescribed by the American Board of Funeral Service Education.&nbsp;</span></p> <p><span class="cls0">C. The Board shall issue the appropriate license to any qualified applicant whose application has been approved by the Board, and who has paid the fees required by Section 396.4 of this title, has passed the required examination with a general average of not less than seventy-five percent (75%) and has demonstrated to the Board proficiency as an embalmer or funeral director.&nbsp;</span></p> <p><span class="cls0">D. The Board shall maintain for public inspection a list of all accredited schools of embalming and mortuary science.&nbsp;</span></p> <p><span class="cls0">E. Each funeral director in charge as defined in Section 396.2 of this title shall have a current dual funeral director and embalmer license. A funeral director in charge of a funeral service establishment or crematory that does not have a current dual funeral director and embalmer license on the effective date of this act shall be considered to be grandfathered and may serve as funeral director in charge of any funeral service establishment or crematory in accordance with rules prescribed by the Board, but shall not serve as funeral director in charge of a commercial embalming establishment which shall require a current dual funeral director and embalmer license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 236, &sect; 4, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 192, &sect; 1, emerg. eff. April 28, 1945; Laws 1961, p. 453, &sect; 1, emerg. eff. July 11, 1961; Laws 1963, c. 117, &sect; 3, emerg. eff. May 31, 1963; Laws 1970, c. 311, &sect; 1, emerg. eff. April 27, 1970; Laws 1983, c. 163, &sect; 1; Laws 1989, c. 297, &sect; 4, eff. Nov. 1, 1989; Laws 1999, c. 64, &sect; 4, eff. July 1, 1999; Laws 2003, c. 57, &sect; 5, emerg. eff. April 10, 2003; Laws 2013, c. 97, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.3a. Persons and businesses required to be licensed.&nbsp;</span></p> <p><span class="cls0">The following persons, professions and businesses shall be required to be licensed pursuant to the Funeral Services Licensing Act:&nbsp;</span></p> <p><span class="cls0">1. Any person engaged or who may engage in:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the practice or profession of funeral directing or embalming,&nbsp;</span></p> <p class="cls2"><span class="cls12">b.&nbsp;&nbsp;<span class="cls13">maintaining the business of a funeral establishment or commercial embalming establishment,&nbsp;</span></span></p> <p class="cls2"><span class="cls12">c.&nbsp;&nbsp;<span class="cls13">the sale of any funeral service merchandise, or&nbsp;</span></span></p> <p class="cls2"><span class="cls12">d.&nbsp;&nbsp;<span class="cls13">providing funeral services; and&nbsp;</span></span></p> <p><span class="cls0">2. Any funeral establishment or commercial embalming establishment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 5, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, &sect; 5, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59396.4. Fees.&nbsp;</span></p> <p><span class="cls0">A. Until the Oklahoma Funeral Board sets fees pursuant to subsection B of this section, the following shall be the fees charged for the licenses, registrations, and examinations required by the Funeral Services Licensing Act:&nbsp;</span></p> <p><span class="cls0">Funeral Director License or Renewal &nbsp;&nbsp;$75.00 &nbsp;</span></p> <p><span class="cls0">Embalmer License or Renewal&nbsp;&nbsp;$75.00 &nbsp;</span></p> <p><span class="cls0">Registration for Funeral Director/Embalmer Apprentice&nbsp;&nbsp;$150.00 &nbsp;</span></p> <p><span class="cls0">Extension of Funeral Director/Embalmer Apprentice&nbsp;&nbsp;&nbsp;&nbsp; $150.00 &nbsp;</span></p> <p><span class="cls0">Embalmer Examination&nbsp;&nbsp;$100.00 &nbsp;</span></p> <p><span class="cls0">Funeral Director Examination&nbsp;&nbsp;$100.00 &nbsp;</span></p> <p><span class="cls0">State Law Examination&nbsp;&nbsp;$100.00 &nbsp;</span></p> <p><span class="cls0">Funeral Establishment License or Renewal&nbsp;&nbsp;$250.00 &nbsp;</span></p> <p><span class="cls0">Commercial Embalming Establishment License or Renewal&nbsp;&nbsp; $250.00 &nbsp;</span></p> <p><span class="cls0">Reciprocal License for Funeral Director or Embalmer&nbsp;&nbsp; $150.00 &nbsp;</span></p> <p class="cls7"><span class="cls0">Change of Funeral Director in Charge&nbsp;&nbsp;$150.00 &nbsp;</span></p> <p class="cls7"><span class="cls0">Crematory License&nbsp;&nbsp;$250.00 &nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Funeral Board shall set the fees by rule for those activities listed in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. Fees for funeral director, embalmer, and state law examinations shall be paid prior to the scheduled examination. An examination fee shall not be refundable.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Funeral Board is authorized to determine and fix special administrative service fees. Each such fee shall not be in excess of Two Hundred Dollars ($200.00).&nbsp;</span></p> <p><span class="cls0">E. If any renewal fee required by this section is not paid on or before December 31 of each year, the amount of the fee shall be doubled and if the fee is not paid on or before April 30 of the subsequent year, the licensee shall be in default and the license shall terminate automatically.&nbsp;</span></p> <p><span class="cls0">F. All examinations of the Oklahoma Funeral Board shall be exempt from the Oklahoma Open Records Act in order to maintain the integrity of the examination process. Copies of completed examinations shall only be released upon receipt of a court order from a court of competent jurisdiction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 236, &sect; 5, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 193, &sect; 2, emerg. eff. April 28, 1945; Laws 1961, p. 455, &sect; 2, emerg. eff. July 11, 1961; Laws 1970, c. 311, &sect; 2, emerg. eff. April 27, 1970; Laws 1978, c. 96, &sect; 2, emerg. eff. March 29, 1978; Laws 1983, c. 163, &sect; 2; Laws 1989, c. 297, &sect; 6, eff. Nov. 1, 1989; Laws 1990, c. 195, &sect; 2, emerg. eff. May 10, 1990; Laws 1999, c. 64, &sect; 6, eff. July 1, 1999; Laws 2003, c. 57, &sect; 6, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.5. Expiration of license Renewal.&nbsp;</span></p> <p><span class="cls0">All licenses issued by the Board shall expire on the 31st day of December of each year. The Board shall issue a renewal for such license without further examination upon the payment of a renewal fee as required by Section 396.4 of this title. A funeral director or embalmer who fails to apply for a renewal license for a period of three (3) years or more, shall be reinstated by taking a written and oral examination, as required by the Board, and by paying a fee of Twentyfive Dollars ($25.00) and the current years' dues.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 237, &sect; 6, emerg. eff. May 20, 1941. Amended by Laws 1965, c. 374, &sect; 1, emerg. eff. June 28, 1965; Laws 1983, c. 163, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.5a. Inactive military service list Not subject to renewal fees Reinstatement on discharge.&nbsp;</span></p> <p><span class="cls0">All funeral directors and/or embalmers regularly licensed in this state, who are or become members of the armed forces of the United States, shall upon proper notification to the executive director of the Oklahoma Funeral Board be placed upon the inactive military service list to be kept by the executive director and shall not be subject to the payment of renewal fees upon their licenses as funeral directors and/or embalmers until they have been discharged from the military service of the United States and desire to practice their profession in this state. Upon the discharge of licensees from military service, they shall be reinstated as active funeral directors and/or embalmers upon the payment of the then current year's license fee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 134, &sect; 1, emerg. eff. April 12, 1943. Amended by Laws 2003, c. 57, &sect; 7, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.5b. Continuing education courses.&nbsp;</span></p> <p><span class="cls0">A. Beginning July 1, 2006, as a condition of renewal or reactivation of a license, each licensee shall submit to the Oklahoma Funeral Board evidence of the completion of clock hours of continuing education courses approved by the Board within the twelve (12) months immediately preceding the term for which the license is issued. The number of hours, or its equivalent, required for each licensed term shall be determined by the Board and promulgated by rule. Each licensee shall be required to complete and include as part of the continuing education provision a certain number of required subjects as provided by rule.&nbsp;</span></p> <p><span class="cls0">B. The continuing education courses required by this section shall be satisfied by courses approved by the Board or the Academy of Professional Funeral Service Practice.&nbsp;</span></p> <p><span class="cls0">C. The Board shall maintain a listing of courses approved by the Board.&nbsp;</span></p> <p><span class="cls0">D. The Board shall not issue an active renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.&nbsp;</span></p> <p><span class="cls0">E. The provisions of this section shall not apply:&nbsp;</span></p> <p><span class="cls0">1. During the period a licensee is on inactive status;&nbsp;</span></p> <p><span class="cls0">2. To a nonresident licensee licensed in this state if the licensee is not engaged in funeral service or embalming practice in Oklahoma; and&nbsp;</span></p> <p><span class="cls0">3. To classes of licensees exempted by rules of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 57, &sect; 8, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.6. License required - Employment of licensed embalmer &ndash; Display of license or certificate.&nbsp;</span></p> <p><span class="cls0">A. No person shall operate a funeral establishment, commercial embalming establishment, or crematory, engage in the sale of any funeral service merchandise to the public, provide funeral services, carry on the business or profession of embalming or funeral directing or perform any of the functions, duties, or powers prescribed for funeral directors or embalmers pursuant to the provisions of the Funeral Services Licensing Act unless the person has obtained the license specified by rules promulgated pursuant to the Funeral Services Licensing Act and has otherwise complied with the provisions of the Funeral Services Licensing Act. The license shall be nontransferable and nonnegotiable.&nbsp;</span></p> <p><span class="cls0">B. A license shall not be issued to any person for the operation of a funeral or embalming establishment which does not employ an embalmer licensed pursuant to the provisions of Section 396.3 of this title. An individual who supervises a funeral or embalming establishment shall be licensed pursuant to the provisions of Section 396.3 of this title.&nbsp;</span></p> <p><span class="cls0">C. The holder of any license or certificate issued pursuant to the Funeral Services Licensing Act, or any rules promulgated pursuant thereto, shall have the license or certificate displayed conspicuously in the place of business of the holder.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 237, &sect; 7, emerg. eff. May 20, 1941. Amended by Laws 1983, c. 163, &sect; 4; Laws 1989, c. 297, &sect; 7, eff. Nov. 1, 1989; Laws 1999, c. 64, &sect; 7, eff. July 1, 1999; Laws 2003, c. 57, &sect; 9, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.7. Repealed by Laws 1961, p. 457, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;59-396.8. Reciprocity.&nbsp;</span></p> <p><span class="cls0">A. The Board shall have the power to issue reciprocal licenses to applicants licensed in other states which have equal or like educational requirements as required by this state or the Board.&nbsp;</span></p> <p><span class="cls0">B. A license as an embalmer or funeral director shall be issued without examination to an out-of-state resident intending to become a resident of this state, who submits to the Board satisfactory evidence that said applicant has met all the requirements of the Funeral Services Licensing Act and pays the fees required by Section 396.4 of this title.&nbsp;</span></p> <p><span class="cls0">C. The Board may issue an appropriate license without further apprenticeship to a resident of a state which does not have the same educational requirements necessary for reciprocity with this state, if said applicant:&nbsp;</span></p> <p><span class="cls0">1. Has a current license to practice as an embalmer or funeral director in the state of residence of the person;&nbsp;</span></p> <p><span class="cls0">2. Has been an active embalmer or funeral director practicing in the state of residence of the person for at least five (5) years;&nbsp;</span></p> <p><span class="cls0">3. Has never been convicted of a felony and has never been convicted of a misdemeanor related to funeral service;&nbsp;</span></p> <p><span class="cls0">4. Has never had said license revoked or suspended;&nbsp;</span></p> <p><span class="cls0">5. Is not currently facing disciplinary action;&nbsp;</span></p> <p><span class="cls0">6. Intends to practice in this state;&nbsp;</span></p> <p><span class="cls0">7. Has filed such documents as are required by the Board;&nbsp;</span></p> <p><span class="cls0">8. Has paid the fees as required by Section 396.4 of this title;&nbsp;</span></p> <p><span class="cls0">9. Is a citizen or permanent resident of the United States;&nbsp;</span></p> <p><span class="cls0">10. Is a graduate of an accredited program of mortuary science;&nbsp;</span></p> <p><span class="cls0">11. Has passed the National Board Examination or State Board Examination; and&nbsp;</span></p> <p><span class="cls0">12. Has passed the Oklahoma State Law Examination.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 237, &sect; 9, emerg. eff. May 20, 1941. Amended by Laws 1943, p. 133, &sect; 1, emerg. eff. March 5, 1943; Laws 1945, p. 193, &sect; 3, emerg. eff. April 28, 1945; Laws 1983, c. 163, &sect; 5; Laws 1999, c. 64, &sect; 8, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-396.8a. Repealed by Laws 1945, p. 193, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;59-396.9. Repealed by Laws 1983, p. 163, &sect; 7 and Laws 1983, c. 245, &sect; 5, operative Sept. 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;59396.10. Application Rules of Board Publication of changes in rules.&nbsp;</span></p> <p><span class="cls0">Any person desiring to engage in the profession or business of embalming or funeral directing or both, as defined herein, shall make application, be required to show all preliminary requisites, comply with the rules of the Board, and take all examinations as shall be deemed necessary by the Board in its rules. The Board shall publish in its rules the subject to be covered in the examination and the standards to be attained thereon. Changes in the rules shall be published pursuant to the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 238, &sect; 11, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, &sect; 10, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.11. Apprenticeship - Application - Certificate - Rules.&nbsp;</span></p> <p><span class="cls0">A. The term for an apprenticeship in embalming and the term for an apprenticeship in funeral directing may be served concurrently. Applications for an apprenticeship in funeral directing or embalming shall be made to the Board in writing on a form and in a manner prescribed by the Board. The Board shall issue a certificate of apprenticeship to any person applying for said certificate who submits to the Board satisfactory evidence that said person is seventeen (17) years of age or older, of good moral character, and a graduate of an accredited high school or has earned a G.E.D. credential. The application shall be accompanied by a registration fee as required by Section 396.4 of this title.&nbsp;</span></p> <p><span class="cls0">B. The Board shall prescribe and enforce such rules as necessary to qualify apprentice applicants as embalmers or funeral directors. A license to practice embalming or funeral directing shall not be issued until said applicant has complied with the rules of the Board, and said applicant has embalmed at least twentyfive dead human bodies for burial or shipment during apprenticeship.&nbsp;</span></p> <p><span class="cls0">C. The certificate of apprenticeship shall expire one (1) year from the date of issuance but may be renewed by the Board for four additional one-year periods.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 238, &sect; 12, emerg. eff. May 20, 1941. Amended by Laws 1961, p. 455, &sect; 4, emerg. eff. July 11, 1961; Laws 1983, c. 163, &sect; 6; Laws 1999, c. 64, &sect; 9, eff. July 1, 1999; Laws 2002, c. 161, &sect; 1, eff. Nov. 1, 2002; Laws 2003, c. 57, &sect; 11, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.12. Funeral establishment required to be licensed &ndash; Display of license - Inspection of premises - Sanitary rules &ndash; Commercial embalming establishments.&nbsp;</span></p> <p><span class="cls0">A. Any place where a person shall hold forth by word or act that the person is engaged in the profession of undertaking or funeral directing shall be deemed as a funeral establishment and shall be licensed as such pursuant to the provisions of the Funeral Services Licensing Act.&nbsp;</span></p> <p><span class="cls0">B. A funeral establishment shall not do business in a location that is not licensed as a funeral establishment, shall not advertise a service that is available from an unlicensed location, and shall advertise itself by the name that the establishment is licensed as pursuant to the Funeral Services Licensing Act.&nbsp;</span></p> <p><span class="cls0">C. Every funeral establishment, commercial embalming establishment, and crematory shall be operated by a funeral director in charge. Each establishment license shall be conspicuously displayed at the location.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Funeral Board shall have the power to inspect the premises in which funeral directing is conducted or where embalming or cremation is practiced or where an applicant proposed to practice, and the Board is hereby empowered to prescribe and endorse rules for reasonable sanitation of such establishments, including necessary drainage, ventilation, and necessary and suitable instruments for the business or profession of embalming and funeral directing.&nbsp;</span></p> <p><span class="cls0">E. Any place where a person shall hold forth by word or act that such person is engaged in preparing and shipping of dead human remains to funeral establishments inside and outside this state shall be deemed a commercial embalming establishment and shall be licensed as such pursuant to the provisions of the Funeral Services Licensing Act. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 238, &sect; 13, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 193, &sect; 5, emerg. eff. April 28, 1945; Laws 1961, p. 455, &sect; 5, emerg. eff. July 11, 1961; Laws 1970, c. 311, &sect; 3, emerg. eff. April 27, 1970; Laws 1989, c. 297, &sect; 8, eff. Nov. 1, 1989; Laws 1999, c. 64, &sect; 10, eff. July 1, 1999; Laws 2003, c. 57, &sect; 12, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.12a. Embalming to be performed by licensed embalmer or apprentice - Holding out as funeral director, embalmer, etc. without license prohibited.&nbsp;</span></p> <p><span class="cls0">A. No person shall place any chemical substance, fluid or gas on or in dead human remains who is not a licensed embalmer. This prohibition shall not apply to a registered apprentice, working under the supervision of a licensed embalmer and shall not apply to medical students or their teachers in statemaintained medical schools in this state.&nbsp;</span></p> <p><span class="cls0">B. No person shall act or represent themselves as a funeral director, embalmer, apprentice, provide funeral services or merchandise or operate a funeral establishment or a commercial embalming establishment without a current license or registration issued pursuant to the Funeral Services Licensing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 9, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, &sect; 11, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-396.12b. Conducting funeral, persons authorized - Embalming, persons authorized - Transfer or removal of remains.&nbsp;</span></p> <p><span class="cls0">A. Each funeral conducted within this state shall be under the personal supervision of a duly licensed funeral director who holds a valid license from the Oklahoma Funeral Board. A registered apprentice may assist in conducting funerals. To conduct a funeral shall require the personal supervision of a licensed funeral director from the time of the first call until interment is completed. A funeral director conducting a funeral in this state shall ensure that the casket or other container holding the deceased human remains shall not incur any damage other than that which is normally incurred in the burial or final disposition of human remains.&nbsp;</span></p> <p><span class="cls0">B. The embalming of dead human remains shall require the presence and the direct supervision of a duly licensed embalmer, however, a licensed registered apprentice embalmer may perform the embalming of a dead human provided said registered apprentice embalmer is under the direct supervision of a duly licensed embalmer.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this section regarding the conduct of funerals or personal supervision of a licensed director, a registered apprentice embalmer, or licensed embalmer, shall apply to persons related to the deceased by blood or marriage. Further, nothing in this section shall apply or in any manner interfere with the duties of any state officer or any employee of a local state institution.&nbsp;</span></p> <p><span class="cls0">D. Dead human remains shall be picked up on first call only under the direction and supervision of a licensed funeral director or embalmer. Dead human remains may be picked up or transferred without the personal supervision of a funeral director or embalmer; provided however, any inadvertent contact with family members or other persons shall be restricted to identifying the employer to the person, arranging an appointment with the employer for any person who indicates a desire to make funeral arrangements for the deceased and making any disclosure to the person that is required by any federal or state regulation. A funeral director or embalmer who directs the removal or transfer of dead human remains without providing personal supervision shall be held strictly accountable for compliance with the requirements of the Funeral Services Licensing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 10, eff. Nov. 1, 1989. Amended by Laws 2003, c. 57, &sect; 13, emerg. eff. April 10, 2003; Laws 2013, c. 97, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.12c. Refusal to issue or renew, revocation or suspension of license - Grounds.&nbsp;</span></p> <p><span class="cls0">After notice and hearing pursuant to Article II of the Administrative Procedures Act, the Oklahoma Funeral Board may refuse to issue or renew, or may revoke or suspend, any license or registration for any one or combination of the following:&nbsp;</span></p> <p><span class="cls0">1. Conviction of a felony shown by a certified copy of the record of the court of conviction;&nbsp;</span></p> <p><span class="cls0">2. Conviction of a misdemeanor involving funeral services;&nbsp;</span></p> <p><span class="cls0">3. Gross malpractice or gross incompetency, which shall be determined by the Board;&nbsp;</span></p> <p><span class="cls0">4. False or misleading advertising as a funeral director or embalmer;&nbsp;</span></p> <p><span class="cls0">5. Violation of any of the provisions of the Funeral Services Licensing Act or any violation of Sections 201 through 231 of Title 8 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">6. Fraud or misrepresentation in obtaining a license;&nbsp;</span></p> <p><span class="cls0">7. Using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the burial or other disposition of dead human remains, unless the disclosure is made to the purchaser;&nbsp;</span></p> <p><span class="cls0">8. Violation of any rules of the Board in administering the purposes of the Funeral Services Licensing Act;&nbsp;</span></p> <p><span class="cls0">9. Use of intoxicating liquor sufficient to produce drunkenness in public, or habitual addiction to the use of habit-forming drugs or either;&nbsp;</span></p> <p><span class="cls0">10. Solicitation of business, either personally or by an agent, from a dying individual or the relatives of a dead or individual with a terminal condition, as defined by the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act, other than through general advertising;&nbsp;</span></p> <p><span class="cls0">11. Refusing to properly release a dead human body to the custody of the person entitled to custody;&nbsp;</span></p> <p><span class="cls0">12. Violating applicable state laws relating to the failure to file a death certificate, cremation permit, or prearrangement or prefinancing of a funeral;&nbsp;</span></p> <p><span class="cls0">13. Failing to obtain other necessary permits as required by law in a timely manner;&nbsp;</span></p> <p><span class="cls0">14. Failing to comply with the Funeral Rules of the Federal Trade Commission, 15 U.S.C., Section 57a(a);&nbsp;</span></p> <p><span class="cls0">15. Failing to comply with any applicable provisions of the Funeral Services Licensing Act at the time of issuance or renewal;&nbsp;</span></p> <p><span class="cls0">16. Improper issuance or renewal of a license or registration;&nbsp;</span></p> <p><span class="cls0">17. Violating the provisions of subsection B of Section 396.12 of this title regarding advertisement of services at locations not licensed by the Board;&nbsp;</span></p> <p><span class="cls0">18. The abuse of a corpse whereby a person knowingly and willfully signs a certificate as having embalmed, cremated, or prepared a dead human body for disposition when, in fact, the services were not performed as indicated;&nbsp;</span></p> <p><span class="cls0">19. Simultaneous cremating of more than one human dead body without express written approval of the authorizing agent; &nbsp;</span></p> <p><span class="cls0">20. Cremating human remains without the permit required by Section 1-329.1 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">21. Intentional interference with an investigation by the Board or failure to allow access to funeral records during an investigation or to produce records for an investigation; or&nbsp;</span></p> <p><span class="cls0">22. Failure to properly discharge financial obligations as established by rule of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 11, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, &sect; 12, eff. July 1, 1999; Laws 2003, c. 57, &sect; 14, emerg. eff. April 10, 2003; Laws 2013, c. 97, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.12d. Violations Penalties Liabilities.&nbsp;</span></p> <p><span class="cls0">Any person who violates any of the provisions of the Funeral Services Licensing Act or rule or regulation promulgated or order issued pursuant thereto, after notice and hearing pursuant to Article II of the Administrative Procedures Act, shall be subject to any of the following penalties and liabilities authorized by the Funeral Services Licensing Act:&nbsp;</span></p> <p><span class="cls0">1. License or certificate of apprenticeship revocation, denial, suspension or nonrenewal;&nbsp;</span></p> <p><span class="cls0">2. Administrative fines;&nbsp;</span></p> <p><span class="cls0">3. Injunctive proceedings; and&nbsp;</span></p> <p><span class="cls0">4. Other disciplinary action.&nbsp;</span></p> <p><span class="cls0">Further, such person shall be subject to criminal penalties pursuant to the provisions of Section 396.24 of Title 59 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 12, eff. Nov. 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.12e. Administrative penalty and costs - Surrender of license in lieu of penalty.&nbsp;</span></p> <p><span class="cls0">A. Any person or entity who has been determined by the Oklahoma Funeral Board to have violated any provision of the Funeral Services Licensing Act or any rule or order issued pursuant thereto may be liable for an administrative penalty. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.&nbsp;</span></p> <p><span class="cls0">B. The Board shall be authorized, at its discretion, to take action as the nature of the violation requires. The Board shall have the authority to impose on the licensee, or certificate holder, as a condition of any adverse disciplinary action, the payment of costs expended by the Board in investigating and prosecuting the violation. The costs may include but are not limited to staff time, salary and travel expenses, witness fees and attorney fees, and shall be considered part of the order of the Board.&nbsp;</span></p> <p><span class="cls0">C. The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances and gravity of the violation and, with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business and any show of good faith in attempting to achieve compliance with the provisions of the Funeral Services Licensing Act. The Board shall make a report of any action to any entity deemed appropriate for transmittal of the public record but shall in no cause be held liable for the content of the reported action or be made a party to any civil liability action taken as a result of the discipline imposed by the Board. All monies collected from the administrative penalties shall be deposited with the State Treasurer and by the State Treasurer placed in the "Fund of the Oklahoma Funeral Board", created pursuant to Section 17 of this act.&nbsp;</span></p> <p><span class="cls0">D. Any license or certificate of apprenticeship holder may elect to surrender the license or certificate of apprenticeship of the person in lieu of said penalty but shall be forever barred from obtaining a reissuance of said license or certificate of apprenticeship.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 13, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, &sect; 13, eff. July 1, 1999; Laws 2003, c. 57, &sect; 15, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.12f. Complaints Investigation Hearing Emergencies Orders Appeal Service of instruments.&nbsp;</span></p> <p><span class="cls0">A. Complaints against any person for alleged violations of the Funeral Services Licensing Act or of any of the rules issued pursuant thereto shall be in writing, signed by the complainant and filed with the executive director of the Oklahoma Funeral Board. In addition to the general public, any member or employee of the Board, or the executive director of the Oklahoma Funeral Board, may sign a complaint for any violation of which the executive director has knowledge. All complaints shall name the person complained of, and shall state the time and place of the alleged violations and the facts of which the complainant has knowledge. Upon receiving a complaint, the Board shall examine the complaint, and determine whether there is a reasonable cause to believe the charges to be true.&nbsp;</span></p> <p><span class="cls0">B. If upon inspection, investigation or complaint, or whenever the Board determines that there are reasonable grounds to believe that a violation of the Funeral Services Licensing Act or of any rule promulgated pursuant thereto has occurred, the Board shall give written notice to the alleged violator specifying the cause of complaint. The notice shall require that the matters complained of be corrected immediately or that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges. The notice shall be delivered to the alleged violator in accordance with the provisions of subsection E of this section.&nbsp;</span></p> <p><span class="cls0">C. The Board shall afford the alleged violator an opportunity for a fair hearing in accordance with the provisions of subsection F of this section not less than fifteen (15) days after receipt of the notice provided for in subsection B of this section. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of the order to the alleged violator and to any other persons who appeared at the hearing and made written request for notice of the order. If the hearing is held before a hearing officer as provided for in subsection F of this section, the hearing officer shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board which shall thereupon enter its order. The Board may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented. The order of the Board shall become final and binding on all parties unless appealed to the district court pursuant to Article II of the Administrative Procedures Act, within thirty (30) days after notice has been sent to the parties.&nbsp;</span></p> <p><span class="cls0">D. Whenever the Board finds that as a result of a violation of the Funeral Services Licensing Act or any rule promulgated thereto an emergency exists requiring immediate action to protect the public health or welfare, the Board may without notice or hearing issue an order stating the existence of an emergency and requiring that action be taken as it deems necessary to meet the emergency. The order shall be effective immediately. Any person to whom an order is directed shall comply with the order immediately but on application to the Board shall be afforded a hearing within ten (10) days of receipt of the notice. On the basis of a hearing, the Board shall continue the order in effect, revoke it or modify it. Any person aggrieved by an order continued after the hearing provided for in this subsection may appeal to the district court of the county in which the person resides, or in which the business of the person is located, within thirty (30) days of the Board's action. The appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.&nbsp;</span></p> <p><span class="cls0">E. Except as otherwise expressly provided by law, any notice, order or other instrument issued by or pursuant to authority of the Board may be served on any person affected thereby personally, by publication or by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at his lastknown post office address as shown by the files or records of the Board. Proof of service shall be made as in the case of service of a summons or by publication in a civil action or may be made by the affidavit of the person who did the mailing. Proof of service shall be filed in the office of the Board.&nbsp;</span></p> <p><span class="cls0">Every certificate or affidavit of service made and filed as provided for in this subsection shall be prima facie evidence of the facts therein stated. A certified copy thereof shall have like force and effect.&nbsp;</span></p> <p><span class="cls0">F. The hearings authorized by this section may be conducted by the Board. The Board may designate hearing officers who shall have the power and authority to conduct hearings in the name of the Board at any time and place. The hearings shall be conducted in conformity with and records made thereof pursuant to Article II of the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">G. All records on complaints filed against any licensee pursuant to the Funeral Services Licensing Act shall be exempt from the Oklahoma Open Records Act unless the Board gave written notice of the complaint pursuant to subsection B of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 297, &sect; 14, eff. Nov. 1, 1989. Amended by Laws 2003, c. 57, &sect; 16, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.13. Repealed by Laws 1989, p. 297, &sect; 36, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;59-396.14. Renumbered as &sect; 396.1C of this title by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;59-396.15. Repealed by Laws 2003, c. 57, &sect; 30, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;59396.16. Records of Board Contents Public inspection.&nbsp;</span></p> <p><span class="cls0">The Board shall keep a record of its proceedings, and its acts relating to the issuance, refusal, renewal, suspensions and revocation of licenses. This record shall contain the name, place of business, and residence of each registered embalmer and funeral director and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 241, &sect; 17, emerg. eff. May 20, 1941.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59396.17. Board Officers Rules.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Funeral Board shall have the power to select from its own members a president and a vice-president and to make, adopt, promulgate and enforce reasonable rules for the:&nbsp;</span></p> <p><span class="cls0">1. Transaction of its business;&nbsp;</span></p> <p><span class="cls0">2. Sanitary management of funeral homes;&nbsp;</span></p> <p><span class="cls0">3. Work of embalmers and apprentices;&nbsp;</span></p> <p><span class="cls0">4. Management of the Board's affairs;&nbsp;</span></p> <p><span class="cls0">5. Betterment and promotion of the educational standards of the profession of embalming and the standards of service and practice to be followed in the profession of embalming and funeral directing in this state; and&nbsp;</span></p> <p><span class="cls0">6. Carrying into effect of any of the provisions of the Funeral Services Licensing Act, as the Board may deem expedient, just and reasonable and consistent with the laws of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 241, &sect; 18, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 195, &sect; 7, emerg. eff. April 28, 1945; Laws 1989, c. 297, &sect; 15, eff. Nov. 1, 1989; Laws 2003, c. 57, &sect; 18, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.18. Renumbered as &sect; 396.1B of this title by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;59396.19. Act inapplicable when.&nbsp;</span></p> <p><span class="cls0">Nothing in this act shall apply to or in any manner interfere with the duties of any officer of local or state institutions, nor shall this act apply to any person simply furnishing a burial receptacle for the dead and burying the dead who were related to such person by blood or marriage, but not embalming or directing funerals.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 242, &sect; 20, emerg. eff. May 20, 1941.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59396.20. Suspicion of crime Embalming body without permission unlawful.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful to embalm a dead human body when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the Chief Medical Examiner has been first obtained.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 242, &sect; 21, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, &sect; 20, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.21. Renumbered as &sect; 396.1A of this title by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;59396.22. Meetings of Board.&nbsp;</span></p> <p><span class="cls0">Meetings of the Board shall be held at least twice a year at such places as may be designated by the Board. Three members of the Board shall constitute a quorum.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 242, &sect; 23, emerg. eff. May 20, 1941.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.23. Schools Privileges.&nbsp;</span></p> <p><span class="cls0">Schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissection while teaching as those granted in this state to medical colleges; provided, that such bodies must be obtained through the State Board of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 242, &sect; 24, emerg. eff. May 20, 1941.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59396.24. Violations Penalties.&nbsp;</span></p> <p><span class="cls0">Any person, firm, association or corporation who violates any of the provisions of the Funeral Services Licensing Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 242, &sect; 25, emerg. eff. May 20, 1941. Amended by Laws 1970, c. 311, &sect; 6, emerg. eff. April 27, 1970; Laws 1989, c. 297, &sect; 16, eff. Nov. 1, 1989.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-396.25. Repealed by Laws 2002, c. 460, &sect; 47, eff. Nov. 1, 2002.&nbsp;</span></p> <p><span class="cls0">&sect;59396.26. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">If any section of this act shall be declared unconstitutional for any reason, the remainder of this act shall not be affected thereby.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 243, &sect; 27, emerg. eff. May 20, 1941.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59396.27. Risk of transmission of communicable disease Precautions.&nbsp;</span></p> <p><span class="cls0">In handling and preparing dead human remains for final disposition, any person who comes in direct contact with an unembalmed dead human body or who enters a room where dead human bodies are being embalmed shall exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body in accordance with federal regulations regarding the control of infectious diseases and occupational and workplace health and safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 153, &sect; 4, eff. Jan. 1, 1989. Amended by Laws 2003, c. 57, &sect; 22, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.28. Funeral directors and embalmers from other states &ndash; Temporary permit.&nbsp;</span></p> <p><span class="cls0">In case of a catastrophe as declared by the executive director of the Board, funeral directors and embalmers from other states may be allowed to practice in this state. A temporary permit may be issued to those persons, and the permit shall allow the persons to practice for a length of time as determined by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 64, &sect; 16, eff. July 1, 1999. Amended by Laws 2003, c. 57, &sect; 23, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.29. Cremation &ndash; Intermingling &ndash; Liability for final disposition or cremation &ndash; Identification system &ndash; Disposition of unclaimed remains &ndash; Military veteran.&nbsp;</span></p> <p><span class="cls0">A. The person charged by law with the duty of burying the body of a deceased person may discharge such duty by causing the body to be cremated as authorized and provided for in the following sections of this article, but the body of a deceased person shall not be disposed of by cremation, or other similar means, within the State of Oklahoma, except in a crematory duly licensed as provided for herein, and then only under a special permit for cremation issued in accordance with the provisions hereof.&nbsp;</span></p> <p><span class="cls0">B. Upon the completion of each cremation, and insofar as is practicable, all of the recoverable residue of the cremation process shall be removed from the crematory and placed in a separate container so that the residue may not be commingled with the cremated remains of other persons. Cremated remains of a dead human shall not be divided or separated without the prior written consent of the authorizing agent.&nbsp;</span></p> <p><span class="cls0">C. A funeral director or funeral establishment that has received express written authorization for final disposition or cremation from the authorizing agent shall not be liable if the final disposition or cremation is performed in accordance with the provisions of the Funeral Services Licensing Act. The funeral director or funeral establishment shall not be liable for following in a reasonable fashion the instructions of any persons who falsely represent themselves as the proper authorizing agents.&nbsp;</span></p> <p><span class="cls0">D. Absent the receipt of a court order or other suitable confirmation of resolution, a funeral director or funeral establishment shall not be liable for refusing to accept human remains for final disposition or cremation if the funeral director or other agent of the funeral establishment:&nbsp;</span></p> <p><span class="cls0">1. Is aware of any dispute concerning the final disposition or cremation of the human remains; or&nbsp;</span></p> <p><span class="cls0">2. Has a reasonable basis for questioning any of the representations made by the authorizing agent.&nbsp;</span></p> <p><span class="cls0">E. Each funeral establishment which offers or performs cremations shall maintain an identification system that ensures the ability of the funeral establishment to identify the human remains in its possession throughout all phases of the cremation process. Upon completion of the cremation process, the crematory operator shall attest to the identity of the cremated remains and the date, time, and place the cremation process occurred on a form prescribed by rule of the Oklahoma Funeral Board. The form shall accompany the human remains in all phases of transportation, cremation, and return of the cremated remains.&nbsp;</span></p> <p><span class="cls0">F. The authorizing agent is responsible for the disposition of the cremated remains. If, after sixty (60) calendar days from the date of cremation, the authorizing agent or the representative of the agent has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment in possession of the cremated remains may dispose of the cremated remains in a dignified and humane manner in accordance with any state, county, or municipal laws or provisions regarding the disposition of cremated remains, except as provided in subsection G of this section. A record of this disposition shall be made and kept by the entity making the disposition. Upon the disposition of unclaimed cremated remains in accordance with this subsection, the funeral establishment and entity which disposed the cremated remains shall be discharged from any legal obligation or liability concerning the disposition of the cremated remains.&nbsp;</span></p> <p><span class="cls0">G. If the authorizing agent determines that the unclaimed cremated remains are those of a military veteran, the funeral establishment may transfer the remains to a charitable organization approved by the Military Department of the State of Oklahoma for the purpose of providing a dignified and honorable funeral for the veteran at a veterans cemetery. The charitable organization shall be listed as an exempt organization under Section 501(c) of the Internal Revenue Code, 26 U.S.C., Section 501(c). Upon the transfer of the veteran&rsquo;s remains to the charitable organization, the funeral establishment shall be discharged from any legal obligation or liability concerning the disposition of the cremated remains. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 328, operative July 1, 1963. Amended by Laws 2003, c. 57, &sect; 24, emerg. eff. April 10, 2003. Renumbered from &sect; 1-328 of Title 63 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003. Amended by Laws 2010, c. 127, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-396.30. Licenses &ndash; Requirements &ndash; Records and reports &ndash; Compliance with state and federal health and environmental laws &ndash; Inspections.&nbsp;</span></p> <p><span class="cls0">A. No person shall dispose of the body of any deceased person by cremation or other similar means, within this state, without first having obtained from the Oklahoma Funeral Board an annual license to operate a crematory.&nbsp;</span></p> <p><span class="cls0">B. Application for an annual license shall be made to the executive director of the Board upon forms prescribed and furnished by the executive director, shall give the location of the crematory, and any other information as the executive director shall require, and shall be accompanied by the crematory license fee pursuant to Section 396.4 of this title. A crematory shall not be licensed separately from a funeral or commercial embalming establishment but shall be licensed in conjunction with and operated by a funeral service or commercial embalming establishment. Annual licenses shall expire on December 31 each year, shall specify the name or names of the owners of the crematory and the location thereof, the funeral director in charge, and shall not be transferable either as to the ownership of the crematory, the funeral director in charge or as to the location thereof. The first annual license issued for any crematory at any location shall not be issued by the executive director until the executive director has been satisfied:&nbsp;</span></p> <p><span class="cls0">1. That the crematory is, or will be, so constructed as to be capable of reducing the body of a deceased person to a residue which shall not weigh more than five percent (5%) of the weight of the body immediately after death; and&nbsp;</span></p> <p><span class="cls0">2. That the crematory has at least one operable crematory for cremation.&nbsp;</span></p> <p><span class="cls0">The requirement of paragraph 1 of this subsection may, but need not, be waived by the executive director for any subsequent annual license issued for the same crematory.&nbsp;</span></p> <p><span class="cls0">C. All funeral establishments performing cremations shall have a licensed funeral director in charge.&nbsp;</span></p> <p><span class="cls0">D. Each funeral establishment performing cremation services shall keep records as required by the Board to assure compliance with all laws relating to the disposition of dead human remains and shall file annually with the Board a report in the form prescribed by the Board describing the operations of the licensee, including the number of cremations performed, the disposition thereof, and any other information that the Board may require by rule.&nbsp;</span></p> <p><span class="cls0">E. A funeral establishment performing cremation services shall be subject to all local, state, and federal health and environmental requirements and shall obtain all necessary licenses and permits from the Oklahoma Funeral Board, and the appropriate federal and state health and environmental authorities.&nbsp;</span></p> <p><span class="cls0">F. Crematories licensed by the Board on the effective date of this act shall be exempt from the provisions of subsections C, D and E of this section.&nbsp;</span></p> <p><span class="cls0">G. All crematories shall be subject to inspection, at all reasonable times, by the Board or its duly authorized agents or employees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 331, operative July 1, 1963. Amended by Laws 2001, c. 75, &sect; 2, eff. Nov. 1, 2001; Laws 2003, c. 57, &sect; 25, emerg. eff. April 10, 2003. Renumbered from &sect; 1-331 of Title 63 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003. Amended by Laws 2013, c. 97, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.31. Rules for licensing, inspection, and regulation of crematories.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Board of Embalmers and Funeral Directors is authorized, pursuant to the Administrative Procedures Act, to adopt and promulgate rules necessary for the licensing, inspection, and regulation of crematories.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 75, &sect; 3, eff. Nov. 1, 2001. Renumbered from &sect; 1-331.1 of Title 63 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.32. Residue of cremated body.&nbsp;</span></p> <p><span class="cls0">The residue resulting from the cremation of the body of a deceased person may be transported in this state in any manner, without any permit therefor, and may be disposed of in any manner desired or directed by the person or persons charged by law with the duty of burying the body.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 332, operative July 1, 1963. Renumbered from &sect; 1-332 of Title 63 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-396.33. Cremation without license and permit a felony.&nbsp;</span></p> <p><span class="cls0">Disposing of the body of a deceased person by cremation or other similar means, within the State of Oklahoma, except in a crematory duly licensed as provided for in Section 25 of this act and under a special permit for cremation issued in accordance with the provisions of Section 1-329.1 of Title 63 of the Oklahoma Statutes, is hereby declared to be a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 333, operative July 1, 1963. Amended by Laws 1997, c. 133, &sect; 521, eff. July 1, 1999; Laws 2003, c. 57, &sect; 26, emerg. eff. April 10, 2003. Renumbered from &sect; 1-333 of Title 63 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 521 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59475.1. Registration as engineer or land surveyor Privilege.&nbsp;</span></p> <p><span class="cls0">In order to safeguard life, health and property, and to promote the public welfare, the practice of engineering and the practice of land surveying in this state are hereby declared to be subject to regulation in the public interest. It shall be unlawful to practice or to offer to practice engineering or land surveying in this state, as defined in the provisions of Section 475.1 et seq. of this title, or to use in connection with any name or otherwise assume or advertise any title or description tending to convey the impression that any person is an engineer, professional engineer, land surveyor or professional land surveyor, unless such person has been duly licensed under the provisions of Section 475.1 et seq. of this title. The practice of engineering or land surveying shall be deemed a privilege granted by the state through the State Board of Licensure for Professional Engineers and Land Surveyors, based on the qualifications of the individual as evidenced by a certificate of licensure, which shall not be transferable.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 1, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 1; Laws 1992, c. 165, &sect; 1, eff. July 1, 1992; Laws 2005, c. 115, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Section 475.1 et seq. of this title:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Engineer&rdquo; means a person who, by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, is qualified, after meeting the requirements of Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto, to engage in the practice of engineering;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Professional engineer&rdquo; means a person who has been duly licensed as a professional engineer as provided in Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Engineer intern&rdquo; means a person who complies with the requirements for education and experience and has passed an examination in the fundamental engineering subjects, as provided in Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Practice of engineering&rdquo; means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the engineering use of land and water, teaching of advanced engineering subjects or courses related thereto, engineering research, engineering surveys, engineering studies, and the inspection or review of construction for the purposes of assuring compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, communication systems, transportation systems and industrial or consumer products or equipment of a mechanical, electrical, chemical, environmental, hydraulic, pneumatic, thermal, control system or communications nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the design review and integration of a multidiscipline work, planning, progress and completion of any engineering services.&nbsp;</span></p> <p><span class="cls0">Design review and integration includes the design review and integration of those technical submissions prepared by others, including as appropriate and without limitation, engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer. The definition of design review and integration by engineers does not restrict the services other licensed professional disciplines are authorized to offer or perform by statute or regulation.&nbsp;</span></p> <p><span class="cls0">Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system.&nbsp;</span></p> <p><span class="cls0">A person or entity shall be construed to practice or offer to practice engineering, within the meaning and intent of Section 475.1 et seq. of this title who does any of the following: practices any branch of the profession of engineering; by verbal claim, sign, advertisement, letterhead, card or in any other way represents such person to be a professional engineer, through the use of some other title implies that any person is a professional engineer or is licensed or qualified under Section 475.1 et seq. of this title; or who represents qualifications or ability to perform or who does practice engineering;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Professional land surveyor&rdquo; or &ldquo;land surveyor&rdquo; means a person who has been duly licensed as a professional land surveyor pursuant to Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto; and is a person who, by reason of special knowledge in the technique of measuring land and use of the basic principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence and all requisite to surveying of real property, acquired by education and experience, is qualified to engage in the practice of land surveying;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Land surveyor intern&rdquo; means a person who complies with the requirements for education and experience, and has passed an examination in the fundamental land surveying subjects, as provided in Section 475.1 et seq. of this title and regulations issued by the Board pursuant thereto;&nbsp;</span></p> <p class="cls2"><span class="cls0">7.&nbsp;&nbsp;a.&nbsp;&nbsp;&ldquo;Practice of land surveying&rdquo; means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, methods of measurement, and the law for the determination and preservation of land boundaries. &ldquo;Practice of land surveying&rdquo; includes, without limitation:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;restoration and rehabilitation of corners and boundaries in the United States Public Land Survey System or the subdivision thereof,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;obtaining and evaluating evidence for the accurate determination of land boundaries,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;determination of the areas and elevations of land parcels for a survey,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;monumenting the subdivision of land parcels into smaller parcels and the preparation of the descriptions in connection therewith,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;measuring and platting underground mine workings,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;preparation of the control portions of geographic information systems and land information systems,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;establishment, restoration, and rehabilitation of land survey monuments and bench marks,&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;preparation of land survey plats, condominium plats, monument records, and survey reports,&nbsp;</span></p> <p class="cls3"><span class="cls0">(9)&nbsp;&nbsp;surveying, monumenting, and platting of easements, and rights-of-way,&nbsp;</span></p> <p class="cls3"><span class="cls0">(10)&nbsp;&nbsp;measuring, locating, or establishing lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes for a survey,&nbsp;</span></p> <p class="cls3"><span class="cls0">(11)&nbsp;&nbsp;geodetic surveying, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(12)&nbsp;&nbsp;any other activities incidental to and necessary for the adequate performance of the services described in this paragraph.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;A person or entity shall be construed to practice or offer to practice land surveying, within the meaning and intent of Section 475.1 et seq. of this title who does any one of the following: practices any branch of the profession of land surveying; by verbal claim, sign, advertisement, letterhead, card or in any other way represents such person to be a professional land surveyor or through the use of some other title implies that such person or entity is a professional land surveyor or that such person is registered, licensed, or qualified under Section 475.1 et seq. of this title; represents qualifications or ability to perform; or who does practice land surveying.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;A person shall not be construed to practice or offer to practice land surveying, within the meaning and intent of Section 475.1 et seq. of this title, who merely acts as an agent of a purchaser of land surveying services. Agents of a purchaser of land surveying services include, but are not limited to, real estate agents and brokers, title companies, attorneys providing title examination services, and persons who or firms that coordinate the acquisition and use of land surveying services. The coordination of land surveying services includes, but is not limited to; sales and marketing of services, discussion of requirements of land surveys, contracting to furnish land surveys, review of land surveys, the requesting of revisions of land surveys, and making any and all modifications to surveys with the written consent of the land surveyor, and furnishing final revised copies to the land surveyor showing all revisions, the distribution of land surveys, and receiving payment for such services. These actions do not constitute the practice of land surveying, and do not violate any part of Section 475.1 through 475.22a of this title or the Bylaws and Rules of the Board;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Board&rdquo; means the State Board of Licensure for Professional Engineers and Land Surveyors;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Responsible charge&rdquo; means direct control and personal supervision of engineering work or land surveying;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Rules of professional conduct for professional engineers and land surveyors&rdquo; means those rules promulgated by the Board;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Firm&rdquo; means any form of business entity, a private practitioner employing other licensed engineers, surveyors or licensed design professionals, or any person or entity using one or more fictitious names;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Direct control&rdquo; and &ldquo;personal supervision&rdquo; whether used separately or together mean active and personal management of the firm&rsquo;s personnel and practice to maintain charge of, and concurrent direction over, engineering or land surveying decisions and the instruments of professional services to which the licensee affixes the seal, signature, and date; and&nbsp;</span></p> <p><span class="cls0">13. &ldquo;Core curriculum&rdquo; means the Board-approved land surveying courses adopted by Board policy, developed to ensure that land surveyor applicants meet the minimum educational requirements for licensure.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 2, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 2; Laws 1992, c. 165, &sect; 2, eff. July 1, 1992; Laws 1999, c. 74, &sect; 1, eff. Nov. 1, 1999; Laws 2005, c. 115, &sect; 2, eff. Nov. 1, 2005; Laws 2006, c. 58, &sect; 1, eff. July 1, 2006; Laws 2008, c. 312, &sect; 1, eff. Nov. 1, 2008; Laws 2012, c. 139, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-475.3. State Board of Licensure for Professional Engineers and Land Surveyors.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Licensure for Professional Engineers and Land Surveyors is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, whose duty it shall be to administer the provisions of Section 475.1 et seq. of this title. The Board shall consist of four professional engineers and two professional land surveyors, at least one of whom is not a professional engineer, all of whom shall be appointed by the Governor, with the advice and consent of the Senate. The Governor shall also appoint one lay member. The engineers and land surveyors shall be appointed by the Governor preferably from a list of nominees submitted by the respective professional engineering or land surveying societies of this state, and shall have the qualifications required by Section 475.4 of this title.&nbsp;</span></p> <p><span class="cls0">B. Each member of the Board shall file with the Secretary of State a written oath or affirmation for the faithful discharge of official duties.&nbsp;</span></p> <p><span class="cls0">C. Appointments to the Board shall be in such manner and for such period of time so that no two terms, with the exception of the lay member, shall expire in the same year. On the expiration of the term of any member, except the lay member, the Governor shall in the manner herein provided appoint for a term of six (6) years a professional engineer or professional land surveyor having the qualifications required in Section 475.4 of this title. The lay member of the Board shall be appointed by the Governor to a term coterminous with that of the Governor. The lay member shall serve at the pleasure of the Governor. Provided, the lay member may continue to serve after the expiration of the member's term until such time as a successor is appointed. Members may be reappointed to succeed themselves. Each member may hold office until the expiration of the term for which appointed or until a successor has been duly appointed and has qualified. In the event of a vacancy on the Board due to resignation, death or for any cause resulting in an unexpired term, if not filled within three (3) months, the Board may appoint a provisional member to serve in the interim until the Governor acts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 3, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 287, &sect; 1, eff. July 1, 1980; Laws 1982, c. 297, &sect; 3; Laws 1986, c. 31, &sect; 1, eff. July 1, 1986; Laws 1992, c. 4, &sect; 1; Laws 1992, c. 165, &sect; 3, eff. July 1, 1992; Laws 1998, c. 37, &sect; 1; Laws 2004, c. 26, &sect; 1; Laws 2005, c. 115, &sect; 3, eff. Nov. 1, 2005; Laws 2010, c. 33, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59475.4. Qualifications of Board members.&nbsp;</span></p> <p><span class="cls0">Each engineer member of the Board shall be a citizen of the United States and resident of this state. The member shall have been engaged in the lawful practice of engineering for at least ten (10) years. The member shall have been in responsible charge of engineering projects for at least five (5) years and shall be a licensed professional engineer in this state. Each land surveyor member of the Board shall be a citizen of the United States and a resident of this state. The member shall have been engaged in the lawful practice of land surveying as a land surveyor for at least ten (10) years. The member shall have been in responsible charge of land surveying projects for at least five (5) years and shall be a licensed professional land surveyor in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 4, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 287, &sect; 2, eff. July 1, 1980; Laws 1982, c. 297, &sect; 4; Laws 1992, c. 165, &sect; 4, eff. July 1, 1992; Laws 2005, c. 115, &sect; 4, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59475.6. Removal of Board members Vacancies.&nbsp;</span></p> <p><span class="cls0">The Governor may remove any member of the Board for misconduct, incompetence, neglect of duty or any sufficient cause, in the manner prescribed by law for removal of state officials. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the Governor as provided in Section 475.3 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 6, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 6; Laws 2005, c. 115, &sect; 5, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59475.7. Meetings Officers Quorum.&nbsp;</span></p> <p><span class="cls0">The Board shall hold at least four regular meetings each year. Special meetings may be held as the bylaws of the Board provide. The Board shall elect or appoint annually the following officers: Chair, Vice Chair, and Secretary. A quorum of the Board shall consist of a majority of the full Board that includes at least one professional land surveyor member.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 7, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 7; Laws 1992, c. 165, &sect; 5, eff. July 1, 1992; Laws 2005, c. 115, &sect; 6, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.8. Powers and authority of Board.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Licensure for Professional Engineers and Land Surveyors shall have the power to adopt and amend all bylaws and rules of procedure, not inconsistent with the Constitution and laws of this state or Section 475.1 et seq. of this title, including the adoption and promulgation of Rules of Professional Conduct for Professional Engineers and Land Surveyors, which may be reasonably necessary for the proper performance of its duties and the regulation of its proceedings, meetings, records, examinations and the conduct thereof. These actions by the Board shall be binding upon persons licensed under Section 475.1 et seq. of this title and shall be applicable to firms holding a certificate of authorization. The Board shall adopt and have an official seal, which shall be affixed to each certificate issued. The Board shall have the further power and authority to:&nbsp;</span></p> <p><span class="cls0">1. Establish and amend minimum standards for the practice of engineering and land surveying;&nbsp;</span></p> <p><span class="cls0">2. Establish continuing education requirements for renewal of professional engineering and professional land surveyor licenses;&nbsp;</span></p> <p><span class="cls0">3. Promulgate rules concerning the ethical marketing of professional engineering and land surveying services; and&nbsp;</span></p> <p><span class="cls0">4. Upon good cause shown, as hereinafter provided, deny the issuance, restoration or renewal of, or place on probation for a period of time and subject to such conditions as the Board may specify, a certificate of licensure or certificate of authorization or suspend, revoke or refuse to renew certificates of licensure or certificates of authorization previously issued, and upon proper showing to review, affirm, reverse, vacate or modify its orders with respect to such denial, suspension, revocation or refusal to renew.&nbsp;</span></p> <p><span class="cls0">B. The Board is hereby authorized to levy administrative penalties against any person or entity who or which violates any of the provisions of Section 475.1 et seq. of this title or any rule or regulation promulgated pursuant thereto. The Board is hereby authorized to initiate disciplinary, prosecutorial and injunctive proceedings against any person or entity who or which has violated any of the provisions of Section 475.1 et seq. of this title or any rule or regulation of the Board promulgated pursuant thereto. The Board shall investigate alleged violations of the provisions of Section 475.1 et seq. of this title or of the rules or regulations, orders or final decisions of the Board.&nbsp;</span></p> <p><span class="cls0">C. The Board is hereby authorized to acquire by purchase, lease, gift, solicitation of gift or by any other lawful means, and maintain, use and operate real property and improvements; contract for the maintenance, use, and operation of or lease of any and all real property and improvements; lease or sublease any part of real property and improvements acquired pursuant to this section to public entities, private entities, or private persons, on any terms and for any consideration deemed appropriate by the Board, subject to restrictions in purchase or lease documents relating to property acquired; provided, all contracts for real property and improvements shall be subject to the provisions of Section 63 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. In carrying into effect the provisions of Section 475.1 et seq. of this title, the Board, under the hand of its Chair, Vice Chair, or Executive Director and the seal of the Board, may subpoena witnesses and compel their attendance, and may also require the submission of books, papers, documents or other pertinent data, in any disciplinary matters, or in any case wherever a violation of Section 475.1 et seq. of this title is alleged. Upon failure or refusal to comply with any such order of the Board, or upon failure to honor its subpoena, as herein provided, the Board may apply to a court of proper jurisdiction for an order to enforce compliance with same.&nbsp;</span></p> <p><span class="cls0">E. The Board is hereby authorized in the name of the state to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of Section 475.1 et seq. of this title, or to restrain any violation thereof. In such proceedings, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. The members of the Board shall not be personally liable under this proceeding.&nbsp;</span></p> <p><span class="cls0">F. The Board may subject an applicant for licensure or a licensee to such examinations as it deems necessary to determine the applicant's or licensee&rsquo;s qualifications. The Board may dispose of a formal complaint against a licensee for a violation of Section 475.1 et seq. of this title by an order that a licensee shall complete the examinations as the Board deems necessary to determine the qualifications of the licensee, and upon the initial failure or refusal to successfully complete the examination, within the time ordered, place conditions on the license of the licensee to practice and order other remedies until competence is demonstrated.&nbsp;</span></p> <p><span class="cls0">G. No action or other legal proceedings for damages shall be instituted against the Board or against any Board member or employee of the Board for any act done in good faith and in the intended performance of any power granted under Section 475.1 et seq. of this title or for any neglect or default in the performance or exercise in good faith of any such duty or power.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 8, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 8; Laws 1992, c. 165, &sect; 6, eff. July 1, 1992; Laws 2005, c. 115, &sect; 7, eff. Nov. 1, 2005; Laws 2010, c. 337, &sect; 1, emerg. eff. June 6, 2010; Laws 2012, c. 139, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-475.9. Professional Engineers and Land Surveyors Fund - Expenditures - Audits.&nbsp;</span></p> <p><span class="cls0">A. The Executive Director of the State Board of Licensure for Professional Engineers and Land Surveyors shall be responsible for accounting for all monies derived under the provisions of Section 475.1 et seq. of this title. This fund shall be known as the "Professional Engineers and Land Surveyors Fund", and shall be deposited with the State Treasurer, and shall be paid out only upon requisitions submitted by the Secretary or Executive Director. All monies in this fund are hereby specifically appropriated for the use of the Board, and at the end of each fiscal year the Board shall pay into the General Revenue Fund of the state an amount equal to ten percent (10%) of all licensure and certification fees in compliance with Section 211 of Title 62 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The Board shall obtain an office, secure such facilities, and employ, direct, discharge and define the duties and salaries of an Executive Director, Principal Assistant, Director of Enforcement, Board Investigator and such clerical or other assistants as are necessary for the proper performance of its work. The Board shall make expenditures from the fund created in subsection A of this section for any purpose which, in the opinion of the Board, is reasonably necessary for the proper performance of its duties under Section 475.1 et seq. of this title, including examination administration fees, the expenses of the Board's delegates to meetings of and membership fees to the National Council of Examiners for Engineering and Surveying, meaning the national nonprofit organization composed of engineering and land surveying licensing boards commonly called NCEES, and any of its subdivisions, as provided in the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. Under no circumstances shall the total amount of warrants issued in payment of the expenses and compensation provided for in Section 475.1 et seq. of this title exceed the amount of monies in the fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 9, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 159, &sect; 11, emerg. eff. April 2, 1980; Laws 1982, c. 297, &sect; 9; Laws 1992, c. 165, &sect; 7, eff. July 1, 1992; Laws 2005, c. 115, &sect; 8, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 2, eff. Nov. 1, 2008; Laws 2010, c. 413, &sect; 17, eff. July 1, 2010; Laws 2012, c. 139, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-475.10. Record of proceedings and applications - Evidentiary use - Annual reports - Confidentiality.&nbsp;</span></p> <p><span class="cls0">A. The Board shall keep a record of its proceedings and of all applications for licensure, which record shall show:&nbsp;</span></p> <p><span class="cls0">1. The name, date of birth and lastknown address of each applicant;&nbsp;</span></p> <p><span class="cls0">2. The date of application;&nbsp;</span></p> <p><span class="cls0">3. The place of business of the applicant;&nbsp;</span></p> <p><span class="cls0">4. The education, experience and other qualifications of the applicant;&nbsp;</span></p> <p><span class="cls0">5. The type of examination required;&nbsp;</span></p> <p><span class="cls0">6. Whether or not the applicant was rejected;&nbsp;</span></p> <p><span class="cls0">7. Whether or not a certificate of licensure was granted;&nbsp;</span></p> <p><span class="cls0">8. The date of the action of the Board; and&nbsp;</span></p> <p><span class="cls0">9. Such other information as may be deemed necessary by the Board.&nbsp;</span></p> <p><span class="cls0">B. The record of the Board shall be prima facie evidence of the proceedings of the Board and a transcript thereof, duly certified by the Secretary under seal, shall be admissible as evidence with the same force and effect as if the original were produced.&nbsp;</span></p> <p><span class="cls0">C. The Board shall submit, upon request from the Governor, a report of its transactions of the preceding year, including a complete statement of the receipts and expenditures of the Board, attested by affidavits of its Chairman and its Secretary.&nbsp;</span></p> <p><span class="cls0">D. Board records and papers of the following class may be kept confidential by the Board: examination materials, file records of examination problem solutions, exam scores, letters of inquiry and reference concerning applicants, transcripts of college courses and grades, investigation files, closed complaints, information otherwise protected by law and all other matters of like confidential nature.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 10, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 10; Laws 1992, c. 165, &sect; 8, eff. July 1, 1992; Laws 2005, c. 115, &sect; 9, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 3, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59475.11. Rosters.&nbsp;</span></p> <p><span class="cls0">Complete rosters showing the names and lastknown addresses of all professional engineers and professional land surveyors shall be maintained and made available to the licensees and the public.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 11, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 11; Laws 1992, c. 165, &sect; 9, eff. July 1, 1992; Laws 2005, c. 115, &sect; 10, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.12. Qualifications for licensure or certification.&nbsp;</span></p> <p><span class="cls0">A. Engineer&nbsp;</span></p> <p><span class="cls0">To be eligible for consideration for licensure as a professional engineer, or certification as an engineer intern, an applicant must be of good character and reputation and shall submit five references with application for licensure as a professional engineer, three of which shall be professional engineers having personal knowledge of the applicant's engineering experience, or, in the case of an application for certification as an engineer intern, by three character references.&nbsp;</span></p> <p><span class="cls0">One of the following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional engineer, or for certification as an engineer intern, respectively:&nbsp;</span></p> <p><span class="cls0">1. As a professional engineer:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Licensure by Comity or Endorsement A person holding a certificate of registration or licensure to engage in the practice of engineering issued by a proper authority of a jurisdiction or possession of the United States or the District of Columbia, based on requirements that do not conflict with the provisions of Section 475.1 et seq. of this title and possessing credentials that are, in the judgment of the Board, of a standard not lower than that specified in the applicable licensure act in effect in this state at the time such certificate was issued, may, upon application, be licensed without further examination except as required to present evidence of knowledge of statutes, rules and design requirements unique to this state.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Graduation, Experience and Examination A graduate of an engineering program of four (4) years or more approved by the Board as being of satisfactory standing, and following the date of degree, a specific record of an additional four (4) years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, who has also passed a Board-approved NCEES examination in the fundamentals of engineering as provided in subparagraph a of paragraph 2 of this subsection, shall be admitted to a Board-approved NCEES examination in the principles and practice of engineering. Upon passing such examinations, as well as an examination in knowledge of statutes, rules and design requirements unique to this state, the applicant shall be granted a certificate of licensure to practice engineering in this state, if otherwise qualified. The Board may waive the fundamentals of engineering examination requirement for the issuance of a license if the applicant possesses sufficient progressive experience on engineering projects to indicate to the Board that the applicant may be competent to practice engineering. The Board shall evaluate all elements of the application, according to Board rules, to assess waiver requests.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Alternative Graduation, Experience and Education A graduate of an engineering or related science program of four (4) years or more, other than the ones approved by the Board and following the date of degree, a specific record of six (6) years or more of progressive experience on engineering projects of a character and grade which indicates to the Board that the applicant may be competent to practice engineering who has also passed a Board-approved NCEES examination in the fundamentals of engineering as provided in subparagraph b of paragraph 2 of this subsection, shall be admitted to a Board-approved NCEES examination in the principles and practice of engineering. Upon passing such examination, as well as an examination in knowledge of statutes, rules and design requirements unique to this state, the applicant shall be granted a certificate of licensure to practice engineering in this state, if otherwise qualified. The Board may waive the fundamentals of engineering examination requirement for the issuance of a license if the applicant possesses sufficient progressive experience on engineering projects to indicate to the Board that the applicant may be competent to practice engineering. The Board shall evaluate all elements of the application, according to Board rules, to assess waiver requests.&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;A four-year degree in a science not considered a related science degree by the Board must be followed by a Masters Degree in engineering from an institution with a comparable EAC/ABET accredited undergraduate engineering program before being considered for approval as a related science degree by the Board. Foreign degrees not determined by the Board to be substantially equivalent to an EAC/ABET accredited engineering degree may be considered following a degree evaluation by an evaluation service approved by the Board. The maximum equivalency granted for all foreign degrees, except those determined to be substantially equivalent to an EAC/ABET accredited engineering degree, shall be that of a related science degree.&nbsp;</span></p> <p><span class="cls0">2. As an engineer intern:&nbsp;</span></p> <p><span class="cls0">The following shall be considered as minimum evidence that the applicant is qualified for certification as an engineer intern:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Graduation and Examination - A graduate of an engineering program of four (4) years or more approved by the Board, or an applicant who has completed ninety (90) semester hours or more of academic requirements for graduation, shall be admitted to a Board-approved NCEES examination in the fundamentals of engineering. Upon passing such examination and providing proof of graduation, the applicant shall be certified or enrolled as an engineer intern, if otherwise qualified.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Alternative Graduation, Experience and Examination - A graduate of an engineering or related science curriculum of four (4) years or more, other than the ones approved by the Board or an applicant who has completed ninety (90) semester hours or more of academic requirements for graduation, shall be admitted to a Board-approved NCEES examination in the fundamentals of engineering. Upon passing such examination, providing proof of graduation and providing proof of a specific record of one (1) year or more of progressive engineering experience in engineering projects of a grade and character satisfactory to the Board, the applicant shall be certified or enrolled as an engineer intern, if otherwise qualified.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;A four-year degree in a science not considered a related science degree by the Board must be followed by a Masters Degree in engineering from an institution with a comparable EAC/ABET accredited undergraduate engineering program before being considered for approval as a related science degree by the Board. Foreign degrees not determined by the Board to be substantially equivalent to an EAC/ABET accredited engineering degree may be considered following a degree evaluation by an evaluation service approved by the Board. The maximum equivalency granted for all foreign degrees, except those determined to be substantially equivalent to an EAC/ABET accredited engineering degree, shall be that of a related science degree.&nbsp;</span></p> <p><span class="cls0">B. Land Surveyor&nbsp;</span></p> <p><span class="cls0">To be eligible for consideration for licensure as a professional land surveyor or certification as a land surveyor intern, an applicant must be of good character and reputation and shall submit five references with application for licensure as a professional land surveyor, three of which shall be licensed land surveyors having personal knowledge of the applicant's land surveying experience; or in the case of an applicant for certification as a land surveyor intern, by three character references.&nbsp;</span></p> <p><span class="cls0">The evaluation of a professional land surveyor applicant's qualifications shall include consideration of the applicant's education, technical and land surveying experience, and recommendations by references.&nbsp;</span></p> <p><span class="cls0">One of the following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional land surveyor or for certification as a land surveyor intern, respectively.&nbsp;</span></p> <p><span class="cls0">1. As a land surveyor:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Licensure by Comity or Endorsement A person holding a certificate of licensure to engage in the practice of land surveying issued by a proper authority of a jurisdiction or possession of the United States or the District of Columbia, based on comparable qualifications satisfactory to the Board, will be given comity consideration. However, the person may be required to take such examinations as the Board deems necessary to determine the person's qualifications, but in any event, the person shall be required to pass a written examination of such duration as established by the Board, which shall include questions on laws, procedures and practices pertaining to land surveying in this state.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Graduation, Experience and Examination -&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;A graduate of a surveying program of four (4) years or more approved by the Board and a specific record of four (4) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, of which no less than two (2) years experience must be following the date of the degree, who has also passed a Board-approved NCEES examination in the fundamentals of surveying as provided in subparagraph a of paragraph 2 of this subsection, shall be admitted to a Board-approved NCEES examination in the principles and practice of surveying and a Board-approved Oklahoma Law and Surveying examination. Upon passing such examinations, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified.&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;A graduate of a surveying program of two (2) years or more approved by the Board and a specific record of six (6) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying and who has also passed a Board-approved NCEES examination in the fundamentals of surveying as provided in subparagraph a of paragraph 2 of this subsection shall be admitted to a Board-approved NCEES examination in the principles and practice of surveying and a Board-approved Oklahoma Law and Surveying examination. Upon passing such examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. &nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Alternative Graduation, Experience and Examination -&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;A graduate of other academic programs of two (2) years or more, approved by the Board, which shall include the Board-approved core curriculum in surveying and a specific record of six (6) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying who has passed a Board-approved NCEES examination in the fundamentals of surveying, as provided in division (1) of subparagraph b of paragraph 2 of this subsection shall be admitted to a Board-approved NCEES examination in the principles and practice of surveying and a Board-approved Oklahoma Law and Surveying examination. Upon passing such examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. &nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;An applicant who provides proof of completion of sixty (60) credit hours, approved by the Board, which shall include the Board-approved core curriculum in surveying, and a specific record of six (6) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, who has also passed a Board-approved NCEES examination in the fundamentals of surveying as provided in division (2) of subparagraph b of paragraph 2 of this subsection, shall be admitted to a Board-approved examination in the principles and practice of surveying and a Board-approved Oklahoma Law and Surveying examination. Upon passing such examinations, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. &nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Long Established Practice and Examination - An applicant with a specific record of nine (9) years or more of practice in land surveying of a grade and character satisfactory to the Board which indicates to the Board that the applicant may be competent to practice land surveying shall be admitted to a Board-approved NCEES examination in the fundamentals of land surveying, and, if passed, then shall be admitted to a Board-approved NCEES examination in the principles and practice of surveying and a Board-approved Oklahoma Law and Surveying examination. Upon passing such examinations, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. Provided, after July 1, 2014, &ldquo;Long Established Practice and Examination&rdquo;, as specified in this paragraph, shall not be considered by the Board as minimum evidence that an applicant is qualified for licensure as a professional land surveyor.&nbsp;</span></p> <p><span class="cls0">2. As a land surveyor intern:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Graduation and Examination -&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;A graduate of a surveying program of four (4) years or more approved by the Board, or an applicant who has completed sixty (60) semester hours or more of academic requirements for graduation, shall be admitted to a Board-approved NCEES examination in the fundamentals of surveying. Upon passing such examination and providing proof of graduation, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified.&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;A graduate of a surveying program of two (2) years or more approved by the Board or an applicant who has completed forty-five (45) semester hours or more of academic requirements for graduation from a two-year surveying program approved by the Board shall be admitted to a Board-approved NCEES examination in the fundamentals of surveying. Upon passing such examination and providing proof of graduation, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified. &nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Alternative Graduation, Experience and Examination -&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;A graduate of other academic programs of two (2) years or more approved by the Board, which shall include the Board-approved core curriculum in surveying, or an applicant who has completed forty-five (45) semester hours or more of academic requirements for graduation, including twenty-one (21) semester hours or more of the core curriculum, from another academic program of two (2) years or more approved by the Board, shall be admitted to a Board-approved NCEES examination in the fundamentals of surveying. Upon passing such examination, providing proof of graduation and providing proof of a specific record of one (1) year or more of progressive experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified. &nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;An applicant who provides proof of completion of sixty (60) credit hours approved by the Board, which shall include the Board-approved core curriculum in surveying, or an applicant who has completed forty-five (45) semester hours or more of academic requirements for graduation, including twenty-one (21) semester hours or more of the core curriculum, shall be admitted to a Board-approved NCEES examination in the fundamentals of surveying. Upon passing such examination and providing proof of a specific record of one (1) year or more of progressive experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 12, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 12; Laws 1992, c. 165, &sect; 10, eff. July 1, 1992; Laws 2005, c. 115, &sect; 11, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 4, eff. Nov. 1, 2008; Laws 2012, c. 139, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-475.13. Application form - Certified council record in lieu of form - Fees.&nbsp;</span></p> <p><span class="cls0">A. 1. Application for licensure as a professional engineer or professional land surveyor or certification as an engineer intern or land surveyor intern shall be on a form prescribed and furnished by the Board. It shall contain statements made under oath, showing the applicant's education and a detailed summary of technical and engineering or land surveying experience and shall include the names and complete mailing addresses of the references, none of whom may be members of the Board.&nbsp;</span></p> <p><span class="cls0">2. The Board may accept the certified information contained in a valid council record issued by the National Council of Examiners for Engineering and Surveying for professional engineer or professional land surveyor applicants in lieu of the same information that is required on the form prescribed and furnished by the Board.&nbsp;</span></p> <p><span class="cls0">B. 1. The application fees shall be established by Board rules.&nbsp;</span></p> <p><span class="cls0">2. The certification fee for a firm shall be established by Board rules.&nbsp;</span></p> <p><span class="cls0">3. Should the Board deny the issuance of a certificate of licensure to any applicant, including the application of a firm for a certificate of authorization, the fee shall be retained as an application fee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 13, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 13; Laws 1992, c. 165, &sect; 11, eff. July 1, 1992; Laws 2005, c. 115, &sect; 12, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 5, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.14. Examinations.&nbsp;</span></p> <p><span class="cls0">A. The examination shall be held at such times and places as the Board directs.&nbsp;</span></p> <p><span class="cls0">B. Examinations may be taken only after the applicant has met other minimum requirements as set forth in Section 475.12 of this title, and has been authorized to seek admission through NCEES or approved by the Board for admission to one or more of the following examinations:&nbsp;</span></p> <p><span class="cls0">1. Fundamentals of Engineering;&nbsp;</span></p> <p><span class="cls0">2. Principles and Practice of Engineering;&nbsp;</span></p> <p><span class="cls0">3. Fundamentals of Surveying;&nbsp;</span></p> <p><span class="cls0">4. Principles and Practice of Surveying;&nbsp;</span></p> <p><span class="cls0">5. Oklahoma Law and Surveying; and&nbsp;</span></p> <p><span class="cls0">6. Oklahoma Law and Engineering.&nbsp;</span></p> <p><span class="cls0">C. A candidate failing an examination may apply for the next available examination, as prescribed by NCEES policies and procedures, which may be granted upon payment of an application fee established by the Board if applicable.&nbsp;</span></p> <p><span class="cls0">D. The applicant shall pay all fees established by the Board for examination documents and grading. The required fees shall be paid by the applicant in advance of the examination.&nbsp;</span></p> <p><span class="cls0">E. The Board may prepare and adopt specifications for the examinations in engineering and land surveying. They shall be made available to the public and to any person interested in being licensed as a professional engineer or as a professional land surveyor.&nbsp;</span></p> <p><span class="cls0">F. For any examination that is administered by NCEES using computer-based testing, a candidate shall only be administered the examination during a specified time period as frequently as prescribed by NCEES policies and procedures.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 14, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 14; Laws 1992, c. 165, &sect; 12, eff. July 1, 1992; Laws 2005, c. 115, &sect; 13, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 6, eff. Nov. 1, 2008; Laws 2012, c. 139, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-475.15. Certificate of licensure - Seal - Intern certificate.&nbsp;</span></p> <p><span class="cls0">A. The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, a certificate of licensure giving the licensee proper authority to practice in this state. The certificate of licensure for a professional engineer shall carry the designation "Professional Engineer" and for a professional land surveyor, "Professional Land Surveyor". It shall give the full name of the licensee with the licensure number and shall be signed by the Chair and the Secretary under the seal of the Board.&nbsp;</span></p> <p><span class="cls0">B. This certificate shall be prima facie evidence that the person named thereon is entitled to all rights, privileges and responsibilities of a professional engineer or professional land surveyor, while the certificate remains unrevoked and unexpired.&nbsp;</span></p> <p><span class="cls0">C. Each licensee hereunder may, upon licensure, obtain a seal, the design and use of which are described in Board rules. It shall be unlawful for a licensee to affix, or permit his or her seal or signature to be affixed, to any document after the expiration or revocation of a license, or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of Section 475.1 et seq. of this title. Whenever the seal is applied, the document must be signed by the licensee thereby certifying that he or she is competent in the subject matter and was in responsible charge of the work product. Documents must be sealed and signed in accordance with the Board rules whenever presented to a client, a user or any public or governmental agency. Whenever the seal is applied, the signature of the licensee and date of signature shall be placed adjacent to or across the seal. Drawings, reports or documents that are signed using a digital or electronic signature must be done in a manner that is in direct control and personal supervision of the professional engineer or professional land surveyor and must conform to the specifications in the Board rules regarding digital or electronic signatures. A professional engineer, land surveyor or firm shall retain a hard copy or electronic copy of all technical submissions produced for a minimum of ten (10) years following the date of preparation.&nbsp;</span></p> <p><span class="cls0">D. The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, a certificate as an engineer intern or land surveyor intern which indicates that his or her name has been recorded as such in the Board office. The engineer intern or land surveyor intern certificate does not authorize the holder to practice as a professional engineer or professional land surveyor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 15, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 15; Laws 1992, c. 165, &sect; 13, eff. July 1, 1992; Laws 2005, c. 115, &sect; 14, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 7, eff. Nov. 1, 2008; Laws 2012, c. 139, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59475.16. Term of certificate &ndash; Notice of expiration date - Renewal.&nbsp;</span></p> <p><span class="cls0">A. The Board shall issue certificates of licensure and certificates of authorization for firms for a term of twentyfour (24) months.&nbsp;</span></p> <p><span class="cls0">B. It shall be the duty of the Executive Director to notify every person licensed under Section 475.1 et seq. of this title, and every firm holding a certificate of authorization under Section 475.1 et seq. of this title, of the date of the expiration of said certificate of licensure or certificate of authorization, and the amount of the fee required for its renewal. Such notice shall be mailed to the licensee or firm at the lastknown address as shown in the records of the Board at least one (1) month in advance of the date of the expiration of the certificate.&nbsp;</span></p> <p><span class="cls0">C. Renewal may be affected at any time prior to or during the month of expiration by the payment of a fee as established by the Board. Renewal of an expired certificate may be affected under rules promulgated by the Board regarding requirements for reexamination and penalty fees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 16, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 16; Laws 1992, c. 165, &sect; 14, eff. July 1, 1992; Laws 2005, c. 115, &sect; 15, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59475.17. Lost or destroyed certificates Replacement.&nbsp;</span></p> <p><span class="cls0">A new certificate of licensure or certificate of authorization, to replace any certificate lost, destroyed or mutilated, may be issued, subject to the rules of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 17, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 17; Laws 2005, c. 115, &sect; 16, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-475.18. Disciplinary actions - Grounds - Rules of Professional Conduct.&nbsp;</span></p> <p><span class="cls0">A. As provided in subsections A and B of Section 475.8 of this title, the Board shall have the power to deny, place on probation, suspend, revoke or refuse to issue a certificate or license, or fine, reprimand, issue orders, levy administrative fines or seek other penalties, if a person or entity is found guilty of:&nbsp;</span></p> <p><span class="cls0">1. The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, or a certificate of authorization or in taking the examinations administered by the Board or its authorized representatives;&nbsp;</span></p> <p><span class="cls0">2. Any fraud, misrepresentation, gross negligence, incompetence, misconduct or dishonest practice, in the practice of engineering or land surveying;&nbsp;</span></p> <p><span class="cls0">3. Conviction of or entry of a plea of guilty or nolo contendere to any crime under the laws of the United States, or any state or territory thereof, which is a felony, whether related to practice or not; and conviction of or entry of a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is related to the practice of engineering or land surveying;&nbsp;</span></p> <p><span class="cls0">4. Failure to comply with any of the provisions of Section 475.1 et seq. of this title or any of the rules or regulations pertaining thereto;&nbsp;</span></p> <p><span class="cls0">5. Violation of the laws or rules of another state, territory, the District of Columbia, a foreign country, the United States government, or any other governmental agency, if at least one of the violations is the same or substantially equivalent to those contained in this section;&nbsp;</span></p> <p><span class="cls0">6. Failure, within thirty (30) days, to provide information requested by the Board as a result of a formal or informal complaint to the Board which would indicate a violation of Section 475.1 et seq. of this title;&nbsp;</span></p> <p><span class="cls0">7. Knowingly making false statements or signing false statements, certificates or affidavits;&nbsp;</span></p> <p><span class="cls0">8. Aiding or assisting another person or entity in violating any provision of Section 475.1 et seq. of this title or the rules or regulations pertaining thereto;&nbsp;</span></p> <p><span class="cls0">9. Violation of any terms imposed by the Board, or using a seal or practicing engineering or land surveying while the professional engineer's license or land surveyor's license is suspended, revoked, nonrenewed, retired or inactive;&nbsp;</span></p> <p><span class="cls0">10. Signing, affixing the professional engineer's or land surveyor's seal, or permitting the professional engineer's or land surveyor's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, other documents, or revisions thereof, which have not been prepared by, or under the direct control and personal supervision of the professional engineer or land surveyor in responsible charge;&nbsp;</span></p> <p><span class="cls0">11. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;&nbsp;</span></p> <p><span class="cls0">12. Providing false testimony or information to the Board;&nbsp;</span></p> <p><span class="cls0">13. Habitual intoxication or addiction to the use of alcohol or to the illegal use of a controlled dangerous substance;&nbsp;</span></p> <p><span class="cls0">14. Performing engineering or surveying services outside any of the licensee&rsquo;s areas of competence; and&nbsp;</span></p> <p><span class="cls0">15. Violating the Oklahoma Minimum Standards for the Practice of Land Surveying.&nbsp;</span></p> <p><span class="cls0">B. The Board shall prepare and adopt Rules of Professional Conduct for Professional Engineers and Land Surveyors as provided for in Section 475.8 of this title, which shall be made available in writing to every licensee and applicant for licensure under Section 475.1 et seq. of this title. The Board may revise and amend these Rules of Professional Conduct for Professional Engineers and Land Surveyors from time to time and shall notify each licensee, in writing, of such revisions or amendments.&nbsp;</span></p> <p><span class="cls0">C. Principals of a firm who do not obtain a certificate or authorization as required by Section 475.1 et seq. of this title may be subject to disciplinary action of individual licensure.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 18, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 18; Laws 1992, c. 165, &sect; 15, eff. July 1, 1992; Laws 2005, c. 115, &sect; 17, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 8, eff. Nov. 1, 2008; Laws 2012, c. 139, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-475.19. Allegations of violations - Notice and hearing - Appeal.&nbsp;</span></p> <p><span class="cls0">A. Any person may bring allegations of violations of Section 475.1 et seq. of this title against any person, licensee, or against any firm. All allegations shall be timely investigated by the Board and, unless determined unfounded or trivial by the Board, or unless settled by mutual accord, shall be filed as formal complaints by the Board.&nbsp;</span></p> <p><span class="cls0">B. The time and place for said hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the lastknown address of such person, licensee, or entity, at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused shall have the right to appear in person or by counsel, or both, to crossexamine witnesses in their defense, and to produce evidence and witnesses in their own defense. If the accused fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.&nbsp;</span></p> <p><span class="cls0">C. If, after such hearing, a majority of the Board vote in favor of sustaining any one or more of the charges, the Board shall reprimand, fine for each count or separate offense, levy administrative penalties pursuant to Section 475.20 of this title, place on probation for a period of time and subject to such conditions as the Board may specify, refuse to issue, restore, renew, suspend or revoke the individual's certificate of licensure, or the firm's certificate of authorization.&nbsp;</span></p> <p><span class="cls0">D. Any person, licensee, or firm, aggrieved by any action of the Board in levying a fine, denying, suspending, refusing to issue, restore or renew or revoking the certificate of licensure of the person, or its certificate of authorization, may appeal therefrom to the proper court under normal civil procedures.&nbsp;</span></p> <p><span class="cls0">E. The Board may, upon petition of an individual licensee or firm holding a certificate of authorization, reissue a certificate of licensure or authorization, provided that a majority of the members of the Board vote in favor of such issuance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 19 , emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 19; Laws 1992, c. 165, &sect; 16, eff. July 1, 1992; Laws 2005, c. 115, &sect; 18, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 9, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.20. Criminal and administrative penalties - Legal counsel.&nbsp;</span></p> <p><span class="cls0">A. Criminal penalties:&nbsp;</span></p> <p><span class="cls0">Any person or entity who practices, or offers to practice, engineering or land surveying in this state without being licensed by the State Board of Professional Engineers and Land Surveyors in accordance with the provisions of Section 475.1 et seq. of this title, or any person or entity using or employing the words "engineer" or "engineering" or "land surveyor" or "land surveying" or any modification or derivative thereof in its name or form of business or activity except as authorized in Section 475.1 et seq. of this title, or any person presenting or attempting to use the certificate of licensure or the seal of another, or any person who shall give false or forged evidence of any kind to the Board or to any member thereof in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired, suspended, revoked, or nonexistent certificate of licensure, or who shall practice or offer to practice when not qualified, or any person who falsely claims to be registered or licensed under Section 475.1 et seq. of this title, or any person who shall violate any of the provisions of Section 475.1 et seq. of this title, shall be guilty of a misdemeanor, punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00), nor more than Two Thousand Dollars ($2,000.00).&nbsp;</span></p> <p><span class="cls0">B. Administrative penalties:&nbsp;</span></p> <p><span class="cls0">1. Any person or entity who has been determined by the Board to have violated any provision of Section 475.1 et seq. of this title, or any rule, regulation or order issued pursuant to such provisions, may be liable for an administrative penalty of not less than Two Hundred Fifty Dollars ($250.00) nor more than Ten Thousand Dollars ($10,000.00) for each separate violation.&nbsp;</span></p> <p><span class="cls0">2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection 1 of this section, after notice and hearing. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances and gravity of the violation, and with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business and any show of good faith in attempting to achieve compliance with the provisions of Section 475.1 et seq. of this title. All monies collected from administrative penalties shall be deposited with the State Treasurer and placed in the "Professional Engineers and Land Surveyors Fund".&nbsp;</span></p> <p><span class="cls0">3. Any certificate of licensure or certificate of authorization holder may elect to surrender the certificate of licensure or certificate of authorization in lieu of an administrative action, but shall be permanently barred from obtaining a reissuance of the certificate of registration or certificate of authorization.&nbsp;</span></p> <p><span class="cls0">C. Legal Counsel:&nbsp;</span></p> <p><span class="cls0">The Attorney General of this state or an assistant shall act as legal advisor to the Board and render such legal assistance as may be necessary in carrying out the provisions of Section 475.1 et seq. of this title. The Board may employ counsel and necessary assistance to aid in the enforcement of such provisions, and the compensation and expenses therefor shall be paid from funds of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 20, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 20; Laws 1992, c. 165, &sect; 17, eff. July 1, 1992; Laws 1997, c. 133, &sect; 508, eff. July 1, 1999; Laws 1999, c. 74, &sect; 2, eff. Nov. 1, 1999; Laws 2005, c. 115, &sect; 19, eff. Nov. 1, 2005; Laws 2008, c. 312, &sect; 10, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 508 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.21. Condition for practice of engineering or land surveying by firm.&nbsp;</span></p> <p><span class="cls0">A. The practice of or offer to practice engineering or land surveying by firms authorized under Section 475.1 et seq. of this title, or by more than one person acting individually through a firm, is permitted provided:&nbsp;</span></p> <p><span class="cls0">1. The person(s) in responsible charge of such practice and all personnel who act in behalf of said firm in professional engineering and land surveying matters in this state are licensed under Section 475.1 et seq. of this title; and&nbsp;</span></p> <p><span class="cls0">2. Said firm has been issued a certificate of authorization by the Board.&nbsp;</span></p> <p><span class="cls0">B. An engineering or land surveying firm desiring a certificate of authorization shall file with the Board an application, using a form provided by the Board, and provide all the information required by the Board. The Board shall prescribe a form to be filed with the renewal fee and which shall be updated within thirty (30) days of the time any information contained on the form is changed or differs for any reason. If, in the Board's judgment, the information contained on the form warrants such action, the Board shall issue a certificate of authorization for said firm to practice engineering and/or land surveying.&nbsp;</span></p> <p><span class="cls0">No such firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers or partners by reason of its compliance with the provisions of this section. No individual practicing engineering or land surveying, pursuant to the provisions of Section 475.1 et seq. of this title, shall be relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.&nbsp;</span></p> <p><span class="cls0">C. The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Engineer", "Engineering", "Surveyor", "Land Surveying" or any modification or derivation thereof unless the Board(s) of Licensure for these professions has issued for said applicant a certificate of authorization or a letter indicating the eligibility of such applicant to receive such a certificate. The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.&nbsp;</span></p> <p><span class="cls0">D. The Secretary of State shall decline to register any trade name or service mark which includes such words, as set forth in subsection C of this section, or modifications or derivatives thereof in its firm name or logotype except those firms holding certificates of authorization issued under the provisions of this section.&nbsp;</span></p> <p><span class="cls0">E. The certificate of authorization shall be renewed as hereinbefore provided in Section 475.16 of this title.&nbsp;</span></p> <p><span class="cls0">F. An engineer or land surveyor designated in responsible charge of the professional activities of a firm for the purposes of this section shall be a full-time employee of the firm. A licensee who performs only part-time, occasional, or consulting services for a firm shall not qualify as a person designated in responsible charge.&nbsp;</span></p> <p><span class="cls0">G. Out-of-state firms authorized to perform engineering services in Oklahoma may have one or more branch offices located in Oklahoma only if the firm has a professional engineer designated responsible and in charge of the firm's professional practice in this state. The professional engineer designated for this purpose shall be required to spend a majority of normal business hours at one or more branch offices located in Oklahoma and be duly licensed as a professional engineer in this state. The professional engineer designated shall be responsible for:&nbsp;</span></p> <p><span class="cls0">1. Maintaining the firm's certificate of authorization;&nbsp;</span></p> <p><span class="cls0">2. Overall administrative supervision of the firm's licensed and subordinate personnel who provide the engineering work in this state; and&nbsp;</span></p> <p><span class="cls0">3. The institution of and adherence to policies of the firm that shall be in accordance with the Rules of Professional Conduct.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 21, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 21; Laws 1992, c. 165, &sect; 18, eff. July 1, 1992; Laws 2005, c. 115, &sect; 20, eff. Nov. 1, 2005; Laws 2012, c. 139, &sect; 8.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.22. Exceptions.&nbsp;</span></p> <p><span class="cls0">Section 475.1 et seq. of this title shall not be construed to prevent:&nbsp;</span></p> <p><span class="cls0">1. Other Professions. The practice of any other legally recognized profession;&nbsp;</span></p> <p><span class="cls0">2. Temporary Permit:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Professional engineer. The practice or offer to practice engineering by a person not a resident of or having no established place of business in this state is allowed; provided, such person is legally qualified by licensure to practice engineering, as defined in Section 475.2 of this title, in the applicant&rsquo;s own state or country and who has made application for licensure to this Board. Such person shall make application for temporary permit to the Board, in writing, and after payment of a temporary permit fee may be granted a written permit to perform a particular job for a definite period of time, to expire the earliest of the issuance of a license by this Board, the rejection of the application for licensure or a time limit stated in the temporary permit; provided, however, no right to practice engineering shall accrue to such applicant by reason of a temporary permit for any works not set forth in said permit, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Professional land surveyor. The practice of land surveying under a temporary permit by a person licensed as a land surveyor in another state is not considered to be in the best interest of the public and therefore shall not be granted;&nbsp;</span></p> <p><span class="cls0">3. Employees and subordinates. The work of an employee or a subordinate of a person holding a certificate of licensure under Section 475.1 et seq. of this title, or an employee of a person practicing lawfully under paragraph 2 of this section is allowed; provided, such work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of licensure under Section 475.1 et seq. of this title or a person practicing lawfully under paragraph 2 of this section; and&nbsp;</span></p> <p><span class="cls0">4. Material Takeoff. Providing a list of material derived from measuring and interpreting a set of blueprints or plans, otherwise known as a &ldquo;material takeoff&rdquo; or advising a person on such a &ldquo;material takeoff&rdquo; shall not constitute the practice of engineering.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 245, &sect; 22, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, &sect; 22; Laws 1992, c. 165, &sect; 19, eff. July 1, 1992; Laws 2005, c. 115, &sect; 21, eff. Nov. 1, 2005; Laws 2010, c. 337, &sect; 2, emerg. eff. June 6, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59475.22a. Land surveying documents Conditions of filing.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for the registrar of deeds or the county clerk of any county or proper public authority to file any map, plat, survey or other documents within the definition of land surveying which do not have impressed thereon and affixed thereto the personal signature and seal of a professional land surveyor by whom or under whose direct supervision the map, plat, survey or other documents were prepared.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 297, &sect; 23. Amended by Laws 1992, c. 165, &sect; 20, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-475.22b. Repealed by Laws 1992, c. 165, &sect; 21, eff. July 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;59-480. Short title - Intent - Definitions.&nbsp;</span></p> <p><span class="cls0">Sections 481 through 518 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act". It is the intent that this act shall apply only to allopathic and surgical practices and to exclude any other healing practices. Allopathy is a method of treatment practiced by recipients of the degree of Doctor of Medicine, but specifically excluding homeopathy. The terms medicine, physician and drug(s) used herein are limited to allopathic practice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 1, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-481. State Board of Medical Licensure and Supervision - Members.&nbsp;</span></p> <p><span class="cls0">A State Board of Medical Licensure and Supervision hereinafter referred to as the "Board", is hereby re-created, to continue until July 1, 2019, in accordance with the provisions of the Oklahoma Sunset Law. The Board shall be composed of seven (7) allopathic physicians licensed to practice medicine in this state and represent the public and two (2) lay members. The physician members of the Board shall be graduates of legally chartered medical schools recognized by the Oklahoma State Regents for Higher Education or the Liaison Council on Medical Education. The physician members shall have actively practiced as licensed physicians continuously in this state for the three (3) years immediately preceding their appointment to the Board. All members of the Board shall be residents of this state and shall be appointed by the Governor as provided for in Section 482 of this title. All present members of the Board shall continue to serve for the remainder of their current terms.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 102, &sect; 1, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 95, &sect; 1, emerg. eff. April 6, 1925; Laws 1943, p. 135, &sect; 4, emerg. eff. March 24, 1943; Laws 1965, c. 264, &sect; 1, emerg. eff. June 23, 1965; Laws 1983, c. 159, &sect; 1, operative July 1, 1983; Laws 1987, c. 118, &sect; 5, operative July 1, 1987; Laws 1988, c. 225, &sect; 9; Laws 1993, c. 280, &sect; 1; Laws 1994, c. 323, &sect; 2, eff. July 1, 1994; Laws 1997, c. 33, &sect; 1; Laws 1998, c. 324, &sect; 1, emerg. eff. May 28, 1998; Laws 2003, c. 10, &sect; 1; Laws 2009, c. 17, &sect; 1; Laws 2013, c. 349, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59481.1. Statutory references.&nbsp;</span></p> <p><span class="cls0">Whenever in the Statutes reference is made to the State Board of Medical Examiners, it shall mean hereafter the State Board of Medical Licensure and Supervision.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 118, &sect; 6, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;59-482. Tenure - Appointment list - Persons ineligible.&nbsp;</span></p> <p><span class="cls0">Physician members of the State Board of Medical Licensure and Supervision shall be appointed for terms of seven (7) years. The lay members of the Board shall serve terms coterminous with that of the Governor and until a qualified successor has been duly appointed and shall serve at the pleasure of the Governor. No member shall be appointed to serve more than two complete consecutive terms. Each physician member shall hold office until the expiration of the term for which appointed or until a qualified successor has been duly appointed. An appointment shall be made by the Governor within ninety (90) days after the expiration of the term of any member or the occurrence of a vacancy on the Board due to resignation, death, or any cause resulting in an unexpired term. The appointment of allopathic physicians shall be made from a list of three names submitted to the Governor by the Oklahoma State Medical Association. The Association may submit names of members or nonmembers of the Association. No member of the Board shall be a stockholder in or full-time salaried or full-time geographic member of the faculty or board of trustees of any medical school.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 102, &sect; 2, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 95, &sect; 2, emerg. eff. April 6, 1925; Laws 1943, p. 135, &sect; 5, emerg. eff. March 24, 1943; Laws 1965, c. 264, &sect; 2, emerg. eff. June 23, 1965; Laws 1983, c. 159, &sect; 2, operative July 1, 1983; Laws 1987, c. 118, &sect; 7, operative July 1, 1987; Laws 1993, c. 280, &sect; 2; Laws 1994, c. 323, &sect; 3, eff. July 1, 1994; Laws 1998, c. 324, &sect; 2, emerg. eff. May 28, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-483. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;59-484. Oath.&nbsp;</span></p> <p><span class="cls0">Each member of said Board shall, before entering upon the duties of office, take the constitutional oath of office, and shall, in addition, make oath that he or she is qualified under the terms of this act to hold such office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 103, &sect; 4, emerg. eff. March 31, 1923. Amended by Laws 1994, c. 323, &sect; 4, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-485. Organization - Officers.&nbsp;</span></p> <p><span class="cls0">The State Board of Medical Licensure and Supervision shall elect a president and a vice-president each year. If either office becomes vacant during that year, an election to fill the vacancy shall be held at the next regularly scheduled meeting of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 103, &sect; 5, emerg. eff. March 31, 1923. Amended by Laws 1943, p. 136, &sect; 7, emerg. eff. March 24, 1943; Laws 1965, c. 264, &sect; 4, emerg. eff. June 23, 1965; Laws 1987, c. 118, &sect; 8, operative July 1, 1987; Laws 1994, c. 323, &sect; 5, eff. July 1, 1994; Laws 1995, c. 211, &sect; 1, eff. Nov. 1, 1995; Laws 1998, c. 324, &sect; 3, emerg. eff. May 28, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-486. Repealed by Laws 1980, c. 159, &sect; 40, emerg. eff. April 2, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;59-487. Secretary - Duties.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Medical Licensure and Supervision may appoint the secretary to serve as Medical Advisor to the Board and the Board staff. The Board may hire the secretary as an employee of the Board at such hours of employment and compensation as determined by the Board. The Board may hire a licensed allopathic physician to serve as the secretary-medical advisor to the Board and its staff. This position shall be in the exempt unclassified service, as provided for in subsection B of Section 840-5.5 of Title 74 of the Oklahoma Statutes. The secretary shall not be a member of the Board and shall not vote on Board actions.&nbsp;</span></p> <p><span class="cls0">B. The secretary of the Board shall preserve a true record of the official proceedings of the meetings of the Board. He or she shall also preserve a record of physicians licensed, applying for such license or applying for reinstatement of such license in this state showing:&nbsp;</span></p> <p><span class="cls0">1. Age;&nbsp;</span></p> <p><span class="cls0">2. Ethnic origin;&nbsp;</span></p> <p><span class="cls0">3. Sex;&nbsp;</span></p> <p><span class="cls0">4. Place of practice and residence;&nbsp;</span></p> <p><span class="cls0">5. The time spent in premedical and medical study, together with the names of the schools attended, and the date of graduation therefrom, with the degrees granted;&nbsp;</span></p> <p><span class="cls0">6. The grades made in examination for license or grades filed in application therefor; and&nbsp;</span></p> <p><span class="cls0">7. A record of the final disposition of each application for licensure.&nbsp;</span></p> <p><span class="cls0">The secretary of the Board shall, on or before the first day of May in each year, transmit an official copy of said register for the preceding calendar year, to the Secretary of State for permanent record, a certified copy of which shall be admitted as evidence in all courts of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 103, &sect; 7, emerg. eff. March 31, 1923. Amended by Laws 1994, c. 323, &sect; 6, eff. July 1, 1994; Laws 1995, c. 211, &sect; 2, eff. Nov. 1, 1995; Laws 2009, c. 11, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-488. Meetings of Board - Determining qualifications of applicants.&nbsp;</span></p> <p><span class="cls0">A. The Board may hold regular meetings at times to be fixed by the president and secretary of the Board in accordance with the provisions of the Oklahoma Open Meeting Act. In addition, the president and secretary may call such special and other meetings in accordance with the provisions of the Oklahoma Open Meeting Act. A majority of the members of the Board shall constitute a quorum for the transaction of business but a less number may adjourn from time to time until a quorum is present.&nbsp;</span></p> <p><span class="cls0">B. No meeting as provided for in subsection A of this section shall be required for the determination of the qualifications of an applicant for a certificate issued pursuant to the provisions of Section 495 of this title. Each member of the Board authorized to vote on licensure may review the qualifications of the applicant during times other than when a regular or special meeting is held, to determine the sufficiency of said qualifications. Each member shall notify the secretary of his findings, in writing. The provisions of this subsection shall not be construed to prohibit the Board from reviewing the qualifications of an applicant for licensure during any regular or special meeting of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 103, &sect; 8, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 95, &sect; 3, emerg. eff. April 6, 1925; Laws 1935, p. 56, &sect; 1, emerg. eff. May 13, 1935; Laws 1943, p. 136, &sect; 8, emerg. eff. March 24, 1943; Laws 1984, c. 75, &sect; 1, emerg. eff. April 3, 1984; Laws 1987, c. 118, &sect; 9, operative July 1, 1987; Laws 1994, c. 323, &sect; 7, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-489. Rules - Fees - Increasing or changing educational requirements.&nbsp;</span></p> <p><span class="cls0">The Board shall from time to time adopt such rules as may be necessary to carry into effect the provisions of this act, and shall have authority to establish fees not otherwise provided for in this act; and from time to time, as the courses of instruction in medical colleges, under the contemplation of this act, are increased or changed, the Board is hereby directed in like manner to increase or change its educational requirements for license to practice medicine within the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 104, &sect; 9, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, &sect; 10, operative July 1, 1987; Laws 1994, c. 323, &sect; 8, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-489.1. Repealed by Laws 1987, c. 118, &sect; 60, operative July 1, 1987.&nbsp;</span></p> <p><span class="cls0">&sect;59-490. Administration of oaths - Evidence and witnesses.&nbsp;</span></p> <p><span class="cls0">Any member of the Board shall have the authority to administer oaths in all matters pertaining to the affairs of the Board and to take evidence and compel the attendance of witnesses on questions pertaining to the enforcement of this act. The trial examiner of the Board shall have the authority to compel the attendance of witnesses.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 104, &sect; 10, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, &sect; 11, operative July 1, 1987; Laws 1994, c. 323, &sect; 9, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-491. Practicing without a license - Penalties.&nbsp;</span></p> <p><span class="cls0">A. 1. Every person before practicing medicine and surgery or any of the branches or departments of medicine and surgery, within the meaning of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, the Oklahoma Osteopathic Medicine Act, or the Oklahoma Interventional Pain Management and Treatment Act, within this state, must be in legal possession of the unrevoked license or certificate issued pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act.&nbsp;</span></p> <p><span class="cls0">2. Any person practicing in such manner within this state, who is not in the legal possession of a license or certificate, shall, upon conviction, be guilty of a felony, punishable by a fine in an amount not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the county jail for a term of not more than one (1) year or imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">3. Each day a person is in violation of any provision of this subsection shall constitute a separate criminal offense and, in addition, the district attorney may file a separate charge of medical battery for each person who is injured as a result of treatment or surgery performed in violation of this subsection.&nbsp;</span></p> <p><span class="cls0">4. Any person who practices medicine and surgery or any of the branches or departments thereof without first complying with the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, the Oklahoma Osteopathic Medicine Act, or the Oklahoma Interventional Pain Management and Treatment Act shall, in addition to the other penalties provided therein, receive no compensation for such medical and surgical or branches or departments thereof services.&nbsp;</span></p> <p><span class="cls0">B. 1. If a license has been revoked or suspended pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act or the Oklahoma Osteopathic Medicine Act whether for disciplinary reasons or for failure to renew the license, the State Board of Medical Licensure and Supervision may, subject to rules promulgated by the Board, assess and collect an administrative fine not to exceed Five Thousand Dollars ($5,000.00) for each day after revocation or suspension whether for disciplinary reasons or for failure to renew such license that the person practices medicine and surgery or any of the branches or departments thereof within this state.&nbsp;</span></p> <p><span class="cls0">2. The Board may impose administrative penalties against any person who violates any of the provisions of the Oklahoma Interventional Pain Management and Treatment Act or any rule promulgated pursuant thereto. The Board is authorized to initiate disciplinary and injunctive proceedings against any person who has violated any of the provisions of the Oklahoma Interventional Pain Management and Treatment Act or any rule of the Board promulgated pursuant thereto. The Board is authorized in the name of the state to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of the Oklahoma Interventional Pain Management and Treatment Act, or to restrain any violation thereof. The members of the Board shall not be personally liable for proceeding under this section.&nbsp;</span></p> <p><span class="cls0">3. Fines assessed shall be in addition to any criminal penalty provided pursuant to subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 104, &sect; 11, emerg. eff. March 31, 1923. Amended by Laws 1994, c. 323, &sect; 10, eff. July 1, 1994; Laws 2001, c. 115, &sect; 1, emerg. eff. April 18, 2001; Laws 2004, c. 523, &sect; 3, emerg. eff. June 9, 2004; Laws 2008, c. 358, &sect; 2, eff. Nov. 1, 2008; Laws 2010, c. 67, &sect; 2, emerg. eff. April 9, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-491.1. Repealed by Laws 1996, c. 6, &sect; 2, eff. Sept. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;59-492. Designation of physicians - Employment by hospitals - Practice of medicine defined - Services rendered by trained assistants - Persons practicing nonallopathic healing.&nbsp;</span></p> <p><span class="cls0">A. Every person shall be regarded as practicing allopathic medicine within the meaning and provisions of this act, who shall append to his or her name the letters "M.D.", "Physician" or any other title, letters or designation which represent that such person is a physician, or who shall for a fee or any form of compensation diagnose and/or treat disease, injury or deformity of persons in this state by any allopathic legend drugs, surgery, manual, or mechanical treatment unless otherwise authorized by law.&nbsp;</span></p> <p><span class="cls0">B. A hospital or related institution as such terms are defined in Section 1-701 of Title 63 of the Oklahoma Statutes, which has the principal purpose or function of providing hospital or medical care, including but not limited to any corporation, association, trust, or other organization organized and operated for such purpose, may employ one or more persons who are duly licensed to practice medicine in this state without being regarded as itself practicing medicine within the meaning and provisions of this section. The employment by the hospital or related institution of any person who is duly licensed to practice medicine in this state shall not, in and of itself, be considered as an act of unprofessional conduct by the person so employed. Nothing provided herein shall eliminate, limit, or restrict the liability for any act or failure to act of any hospital, any hospital's employees, or persons duly licensed to practice medicine.&nbsp;</span></p> <p><span class="cls0">C. The definition of the practice of medicine and surgery shall include, but is not limited to:&nbsp;</span></p> <p><span class="cls0">1. Advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine and surgery in this state;&nbsp;</span></p> <p><span class="cls0">2. Any offer or attempt to prescribe, order, give, or administer any drug or medicine and surgery for the use of any other person, except as otherwise authorized by law;&nbsp;</span></p> <p class="cls2"><span class="cls0">3.&nbsp;&nbsp;a.&nbsp;&nbsp;Any offer or attempt, except as otherwise authorized by law, to prevent, diagnose, correct, or treat in any manner or by any means, methods, devises, or instrumentalities except for manual manipulation any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of pregnancy and parturition, except as otherwise authorized by law.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Except as provided in subsection D of this section, performance by a person within or outside of this state, through an ongoing regular arrangement, of diagnostic or treatment services, including but not limited to, stroke prevention and treatment, through electronic communications for any patient whose condition is being diagnosed or treated within this state by a physician duly licensed and practicing in this state. A person who performs any of the functions covered by this subparagraph submits himself or herself to the jurisdiction of the courts of this state for the purposes of any cause of action resulting from the functions performed.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall be construed to affect or give jurisdiction to the Board over any person other than medical doctors or persons holding themselves out as medical doctors;&nbsp;</span></p> <p><span class="cls0">4. Any offer or attempt to perform any surgical operation upon any person, except as otherwise authorized by law; and&nbsp;</span></p> <p><span class="cls0">5. The use of the title Doctor of Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D. or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless, where appropriate, such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this state.&nbsp;</span></p> <p><span class="cls0">D. The practice of medicine and surgery, as defined in this section, shall not include:&nbsp;</span></p> <p><span class="cls0">1. A student while engaged in training in a medical school approved by the Board or while engaged in graduate medical training under the supervision of the medical staff of a hospital or other health care facility approved by the state medical board for such training, except that a student engaged in graduate medical training shall hold a license issued by the Board for such training;&nbsp;</span></p> <p><span class="cls0">2. Any person who provides medical treatment in cases of emergency where no fee or other consideration is contemplated, charged or received;&nbsp;</span></p> <p><span class="cls0">3. A commissioned medical officer of the armed forces of the United States or medical officer of the United States Public Health Service or the Department of Veterans Affairs of the United States in the discharge of official duties and/or within federally controlled facilities; and provided that such person shall be fully licensed to practice medicine and surgery in one or more jurisdictions of the United States; provided further that such person who holds a medical license in this state shall be subject to the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act;&nbsp;</span></p> <p><span class="cls0">4. Any person licensed under any other act when properly practicing in the healing art for which that person is duly licensed;&nbsp;</span></p> <p><span class="cls0">5. The practice of those who endeavor to prevent or cure disease or suffering by spiritual means or prayer;&nbsp;</span></p> <p><span class="cls0">6. Any person administering a domestic or family remedy to a member of such person's own family;&nbsp;</span></p> <p><span class="cls0">7. Any person licensed to practice medicine and surgery in another state or territory of the United States who renders emergency medical treatment or briefly provides critical medical service at the specific lawful direction of a medical institution or federal agency that assumes full responsibility for that treatment or service and is approved by the Board;&nbsp;</span></p> <p><span class="cls0">8. Any person who is licensed to practice medicine and surgery in another state or territory of the United States whose sole purpose and activity is limited to brief actual consultation with a specific physician who is licensed to practice medicine and surgery by the Board, other than a person with a special or restricted license; or&nbsp;</span></p> <p><span class="cls0">9. The practice of any other person as licensed by appropriate agencies of this state, provided that such duties are consistent with the accepted standards of the person's profession and the person does not represent himself or herself as a Doctor of Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., or any combination thereof.&nbsp;</span></p> <p><span class="cls0">E. Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall prohibit:&nbsp;</span></p> <p><span class="cls0">1. The service rendered by a physician's unlicensed trained assistant, if such service is rendered under the supervision and control of a licensed physician pursuant to Board rules, provided such rules are not in conflict with the provisions of any other healing arts licensure act or rules promulgated pursuant to such act; or&nbsp;</span></p> <p><span class="cls0">2. The service of any other person duly licensed or certified by the state to practice the healing arts.&nbsp;</span></p> <p><span class="cls0">F. Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall prohibit services rendered by any person not licensed by the Board and practicing any nonallopathic healing practice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 104, &sect; 12, emerg. eff. March 31, 1923. Amended by Laws 1965, c. 399, &sect; 1, emerg. eff. July 5, 1965; Laws 1974, c. 305, &sect; 2, emerg. eff. May 29, 1974; Laws 1987, c. 118, &sect; 12, operative July 1, 1987; Laws 1990, c. 91, &sect; 1, emerg. eff. April 18, 1990; Laws 1993, c. 230, &sect; 25, eff. July 1, 1993; Laws 1994, c. 323, &sect; 12, eff. July 1, 1994; Laws 1996, c. 147, &sect; 1, eff. Nov. 1, 1996; Laws 1998, c. 324, &sect; 4, emerg. eff. May 28, 1998; Laws 1999, c. 23, &sect; 1, eff. Nov. 1, 1999; Laws 2000, c. 52, &sect; 4, emerg. eff. April 14, 2000; Laws 2009, c. 148, &sect; 4, eff. Nov. 1, 2009; Laws 2009, c. 261, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-492.1. Application forms - Requirements for practicing medicine - Agent or representative of applicant.&nbsp;</span></p> <p><span class="cls0">A. The Board shall create such application forms as are necessary for the licensure of applicants to practice medicine and surgery in this state.&nbsp;</span></p> <p><span class="cls0">B. No person shall be licensed to practice medicine and surgery in this state except upon a finding by the Board that such person has fully complied with all applicable licensure requirements of this act, is of good moral character, and has produced satisfactory evidence to the Board of the ability of the applicant to practice medicine and surgery with reasonable skill and safety.&nbsp;</span></p> <p><span class="cls0">C. Except as specifically may be waived by the Board, the Board shall not engage in any application process with any agent or representative of the applicant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 13, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-493. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-493.1. Contents of application - Requirements for licensure.&nbsp;</span></p> <p><span class="cls0">A. An applicant to practice medicine and surgery in this state shall provide to the State Board of Medical Licensure and Supervision and attest to the following information and documentation in a manner required by the Board:&nbsp;</span></p> <p><span class="cls0">1. The applicant's full name and all aliases or other names ever used, current address, social security number and date and place of birth;&nbsp;</span></p> <p><span class="cls0">2. A signed and notarized photograph of the applicant, taken within the previous twelve (12) months;&nbsp;</span></p> <p><span class="cls0">3. Originals of all documents and credentials required by the Board, or notarized photocopies or other verification acceptable to the Board of such documents and credentials;&nbsp;</span></p> <p><span class="cls0">4. A list of all jurisdictions, United States or foreign, in which the applicant is licensed or has applied for licensure to practice medicine and surgery or is authorized or has applied for authorization to practice medicine and surgery;&nbsp;</span></p> <p><span class="cls0">5. A list of all jurisdictions, United States or foreign, in which the applicant has been denied licensure or authorization to practice medicine and surgery or has voluntarily surrendered a license or an authorization to practice medicine and surgery;&nbsp;</span></p> <p><span class="cls0">6. A list of all sanctions, judgments, awards, settlements, or convictions against the applicant in any jurisdiction, United States or foreign, that would constitute grounds for disciplinary action under this act or the Board's rules;&nbsp;</span></p> <p><span class="cls0">7. A detailed educational history, including places, institutions, dates, and program descriptions, of all his or her education, including all college, preprofessional, professional, and professional graduate education;&nbsp;</span></p> <p><span class="cls0">8. A detailed chronological life history from age eighteen (18) years to the present, including places and dates of residence, employment, and military service (United States or foreign) and all professional degrees or licenses or certificates now or ever held; and&nbsp;</span></p> <p><span class="cls0">9. Any other information or documentation specifically requested by the Board that is related to the applicant's ability to practice medicine and surgery.&nbsp;</span></p> <p><span class="cls0">B. The applicant shall possess a valid degree of Doctor of Medicine from a medical college or school located in the United States, its territories or possessions, or Canada that was approved by the Board or by a private nonprofit accrediting body approved by the Board at the time the degree was conferred. The application shall be considered by the Board based upon the product and process of the medical education and training.&nbsp;</span></p> <p><span class="cls0">C. The applicant shall have satisfactorily completed twelve (12) months of progressive postgraduate medical training approved by the Board or by a private nonprofit accrediting body approved by the Board in an institution in the United States, its territories or possessions, or in programs in Canada, England, Scotland, Ireland, Australia or New Zealand approved by the Board or by a private nonprofit accrediting body approved by the Board.&nbsp;</span></p> <p><span class="cls0">D. The applicant shall submit a history from the Administration of the Medical School from which the applicant graduated of any suspension, probation, or disciplinary action taken against the applicant while a student at that institution.&nbsp;</span></p> <p><span class="cls0">E. The applicant shall have passed medical licensing examination(s) satisfactory to the Board.&nbsp;</span></p> <p><span class="cls0">F. The applicant shall have demonstrated a familiarity with all appropriate statutes and rules and regulations of this state and the federal government relating to the practice of medicine and surgery.&nbsp;</span></p> <p><span class="cls0">G. The applicant shall be physically, mentally, professionally, and morally capable of practicing medicine and surgery in a manner reasonably acceptable to the Board and in accordance with federal law and shall be required to submit to a physical, mental, or professional competency examination or a drug dependency evaluation if deemed necessary by the Board.&nbsp;</span></p> <p><span class="cls0">H. The applicant shall not have committed or been found guilty by a competent authority, United States or foreign, of any conduct that would constitute grounds for disciplinary action under this act or rules of the Board. The Board may modify this restriction for cause.&nbsp;</span></p> <p><span class="cls0">I. Upon request by the Board, the applicant shall make a personal appearance before the Board or a representative thereof for interview, examination, or review of credentials. At the discretion of the Board, the applicant shall be required to present his or her original medical education credentials for inspection during the personal appearance.&nbsp;</span></p> <p><span class="cls0">J. The applicant shall be held responsible for verifying to the satisfaction of the Board the identity of the applicant and the validity of all credentials required for his or her medical licensure. The Board may review and verify medical credentials and screen applicant records through recognized national physician information services.&nbsp;</span></p> <p><span class="cls0">K. The applicant shall have paid all fees and completed and attested to the accuracy of all application and information forms required by the Board.&nbsp;</span></p> <p><span class="cls0">L. Grounds for the denial of a license shall include:&nbsp;</span></p> <p><span class="cls0">1. Use of false or fraudulent information by an applicant;&nbsp;</span></p> <p><span class="cls0">2. Suspension or revocation of a license in another state unless the license has been reinstated in that state;&nbsp;</span></p> <p><span class="cls0">3. Refusal of licensure in another state other than for examination failure; and&nbsp;</span></p> <p><span class="cls0">4. Multiple examination failures.&nbsp;</span></p> <p><span class="cls0">M. The Board shall not deny a license to a person otherwise qualified to practice allopathic medicine within the meaning of this act solely because the person's practice or a therapy is experimental or nontraditional.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 14, eff. July 1, 1994. Amended by Laws 1998, c. 324, &sect; 5, emerg. eff. May 28, 1998; Laws 2002, c. 213, &sect; 1, emerg. eff. May 8, 2002; Laws 2013, c. 280, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-493.2. Foreign applicants - Requirements for licensure.&nbsp;</span></p> <p><span class="cls0">A. Foreign applicants shall meet all requirements for licensure as provided in Sections 492.1 and 493.1 of this title.&nbsp;</span></p> <p><span class="cls0">B. 1. A foreign applicant shall possess the degree of Doctor of Medicine or a Board-approved equivalent based on satisfactory completion of educational programs from a foreign medical school as evidenced by recognized national and international resources available to the Board.&nbsp;</span></p> <p><span class="cls0">2. In the event the foreign medical school utilized clerkships in the United States, its territories or possessions, such clerkships shall have been performed in hospitals and schools that have programs accredited by the Accreditation Council for Graduate Medical Education (ACGME).&nbsp;</span></p> <p><span class="cls0">C. A foreign applicant shall have a command of the English language that is satisfactory to the State Board of Medical Licensure and Supervision, demonstrated by the passage of an oral English competency examination.&nbsp;</span></p> <p><span class="cls0">D. The Board may promulgate rules requiring all foreign applicants to satisfactorily complete at least twelve (12) months and up to twenty-four (24) months of Board-approved progressive graduate medical training as determined necessary by the Board for the protection of the public health, safety and welfare.&nbsp;</span></p> <p><span class="cls0">E. All credentials, diplomas and other required documentation in a foreign language submitted to the Board by such applicants shall be accompanied by notarized English translations.&nbsp;</span></p> <p><span class="cls0">F. Foreign applicants shall provide satisfactory evidence of having met the requirements for permanent residence or temporary nonimmigrant status as set forth by the United States Immigration and Naturalization Service.&nbsp;</span></p> <p><span class="cls0">G. Foreign applicants shall provide a certified copy of the Educational Commission for Foreign Medical Graduates (ECFMG) Certificate to the Board at such time and in such manner as required by the Board. The Board may waive the requirement for an Educational Commission for Foreign Medical Graduates Certificate by rule for good cause shown.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 15, eff. July 1, 1994. Amended by Laws 2002, c. 213, &sect; 2, emerg. eff. May 8, 2002; Laws 2004, c. 523, &sect; 4, emerg. eff. June 9, 2004; Laws 2009, c. 261, &sect; 4, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-493.3. Licensure by endorsement - Temporary and special licensure.&nbsp;</span></p> <p><span class="cls0">A. Endorsement of licensed applicants: The State Board of Medical Licensure and Supervision may issue a license by endorsement to an applicant who:&nbsp;</span></p> <p><span class="cls0">1. Has complied with all current medical licensure requirements except those for examination; and&nbsp;</span></p> <p><span class="cls0">2. Has passed a medical licensure examination given in English in another state, the District of Columbia, a territory or possession of the United States, or Canada, or has passed the National Boards Examination administered by the National Board of Medical Examiners, provided the Board determines that such examination was equivalent to the Board's examination used at the time of application.&nbsp;</span></p> <p><span class="cls0">B. Notwithstanding any other provision of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, the Board may require applicants for full and unrestricted medical licensure by endorsement, who have not been formally tested by another state or territory of the United States or any Canadian medical licensure jurisdiction, a Board-approved medical certification agency, or a Board-approved medical specialty board within a specific period of time before application to pass a written and/or oral medical examination approved by the Board.&nbsp;</span></p> <p><span class="cls0">C. The Board may authorize the secretary to issue a temporary medical license for the intervals between Board meetings. A temporary license shall be granted only when the secretary is satisfied as to the qualifications of the applicant to be licensed under the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act but where such qualifications have not been verified to the Board. A temporary license shall:&nbsp;</span></p> <p><span class="cls0">1. Be granted only to an applicant demonstrably qualified for a full and unrestricted medical license under the requirements set by the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act and the rules of the Board; and&nbsp;</span></p> <p><span class="cls0">2. Automatically terminate on the date of the next Board meeting at which the applicant may be considered for a full and unrestricted medical license.&nbsp;</span></p> <p><span class="cls0">D. The Board may establish rules authorizing the issuance of conditional, restricted, or otherwise circumscribed licenses, or issuance of licenses under terms of agreement, for all licenses under its legislative jurisdiction as are necessary for the public health, safety, and welfare.&nbsp;</span></p> <p><span class="cls0">E. The Board may issue a temporary license to any of the professions under the jurisdiction of the Board based on defined qualifications set by each advisory committee of the profession.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 16, eff. July 1, 1994. Amended by Laws 1995, c. 211, &sect; 3, eff. Nov. 1, 1995; Laws 1998, c. 324, &sect; 6, emerg. eff. May 28, 1998; Laws 2009, c. 261, &sect; 5, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-493.4. Special licenses.&nbsp;</span></p> <p><span class="cls0">A. No person who is granted a special license or a special training license shall practice outside the limitations of the license.&nbsp;</span></p> <p><span class="cls0">B. To be eligible for special or special training licensure, the applicant shall have completed all the requirements for full and unrestricted medical licensure except graduate education and/or licensing examination or other requirements relative to the basis for the special license or special training license.&nbsp;</span></p> <p><span class="cls0">C. By rule, the State Board of Medical Licensure and Supervision shall establish restrictions for special and special training licensure to assure that the holder will practice only under appropriate circumstances as set by the Board.&nbsp;</span></p> <p><span class="cls0">D. A special license or special training license shall be renewable annually upon the approval of the Board and upon the evaluation of performance in the special circumstances upon which the special license or special training license was granted.&nbsp;</span></p> <p><span class="cls0">E. The issuance of a special license or a special training license shall not be construed to imply that a full and unrestricted medical license will be issued at a future date.&nbsp;</span></p> <p><span class="cls0">F. All other provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall apply to holders of special licenses or special training licenses.&nbsp;</span></p> <p><span class="cls0">G. This section shall not limit the authority of any state agency or educational institution in this state which employs a special or special training licensed physician to impose additional practice limitations upon such physician.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 17, eff. July 1, 1994. Amended by Laws 2004, c. 523, &sect; 5, emerg. eff. June 9, 2004; Laws 2008, c. 149, &sect; 2, emerg. eff. May 12, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-493.5. Special volunteer license.&nbsp;</span></p> <p><span class="cls0">A. 1. There is established a special volunteer license for eligible volunteers from a medically related field who are retired from active practice or actively licensed in another state and practicing in that state and wish to donate their expertise for the care and treatment of indigent and needy persons of this state.&nbsp;</span></p> <p><span class="cls0">2. For purposes of this section:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;&ldquo;eligible volunteer&rdquo; means a physician, physician assistant, nurse, dentist, optometrist or pharmacist, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;&ldquo;nurse&rdquo; means an advanced practice nurse, advanced registered nurse practitioner, registered nurse, or licensed practical nurse.&nbsp;</span></p> <p><span class="cls0">3. The special volunteer license shall be:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;issued by the State Board of Medical Licensure and Supervision to eligible physicians and physician assistants, by the Board of Osteopathic Examiners to eligible physicians, by the Oklahoma Board of Nursing to eligible nurses, the Board of Dentistry to eligible dentists, the Board of Examiners in Optometry to eligible optometrists, and by the Board of Pharmacy to eligible pharmacists,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;issued without the payment of an application fee, license fee or renewal fee,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;issued or renewed without any continuing education requirements in this state,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;issued for a period of time to be determined by the applicable board, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;renewable upon approval of the applicable Board.&nbsp;</span></p> <p><span class="cls0">B. An eligible volunteer shall meet the following requirements before obtaining a special volunteer license:&nbsp;</span></p> <p><span class="cls0">1. Completion of a special volunteer license application, including, as applicable, documentation of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the medical school graduation of the physician,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the completion of a physician assistant program by a physician assistant,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the completion of the basic professional curricula of a school of nursing by the nurse,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the dental school graduation of the dentist,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the optometry school graduation of the optometrist, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the school or college of pharmacy graduation of a pharmacist, and&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;the relevant practice history of the applicant;&nbsp;</span></p> <p><span class="cls0">2. Documentation or electronic verification that the eligible volunteer has been previously issued a full and unrestricted license to practice in Oklahoma or in another state of the United States and written acknowledgment that he or she has never been the subject of any professional disciplinary action in any jurisdiction;&nbsp;</span></p> <p><span class="cls0">3. Written acknowledgement that the practice of the eligible volunteer under the special volunteer license will be exclusively and totally devoted to providing care to needy and indigent persons in Oklahoma or to providing care under the Oklahoma Medical Reserve Corps; and&nbsp;</span></p> <p><span class="cls0">4. Written acknowledgement that the eligible volunteer shall not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any services rendered in this state under the special volunteer license. The only exception to the indirect compensation provision is for those out-of-state physicians, physician assistants, nurses, dentists, optometrists or pharmacists that participate in the free care given by means of Telemedicine through the Shriners Hospitals for Children national network.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 138, &sect; 1, eff. Nov. 1, 2003. Amended by Laws 2004, c. 313, &sect; 17, emerg. eff. May 19, 2004; Laws 2004, c. 523, &sect; 24, emerg. eff. June 9, 2004; Laws 2007, c. 133, &sect; 3, eff. Nov. 1, 2007; Laws 2009, c. 255, &sect; 1, eff. Nov. 1, 2009; Laws 2010, c. 247, &sect; 2, emerg. eff. May 10, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 247, &sect; 1 repealed by Laws 2010, c. 2, &sect; 29, emerg. eff. March 3, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-494. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-494.1. Medical licensure examinations.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Medical Licensure and Supervision shall offer a medical licensure examination as necessary to test the qualifications of applicants.&nbsp;</span></p> <p><span class="cls0">1. Except as otherwise provided, no person shall receive a license to practice medicine and surgery in this state unless he or she passes or has passed all required examinations satisfactory to the Board.&nbsp;</span></p> <p><span class="cls0">2. The Board shall approve the preparation and administration of any examination, in English, that it deems necessary to determine an applicant's ability to practice medicine and surgery with reasonable skill and safety.&nbsp;</span></p> <p><span class="cls0">3. Examinations shall be reviewed and scored in a way to ensure the anonymity of applicants.&nbsp;</span></p> <p><span class="cls0">4. Examinations shall be conducted at least semiannually, provided that there is an applicant.&nbsp;</span></p> <p><span class="cls0">5. The Board shall specify the minimum score required to pass any examination. The required passing score shall be specified prior to the administration of any examination.&nbsp;</span></p> <p><span class="cls0">6. Applicants shall be required to pass all examinations with a score as set by rule, within a specific period of time after initial application. Specific requirements for the satisfactory completion of further medical education shall be established by the Board for those applicants seeking to be examined after the specified period of time after initial application.&nbsp;</span></p> <p><span class="cls0">7. The Board may limit the number of times an applicant may take an examination before the satisfactory completion of further medical education is required of an applicant, provided that this limitation may be waived by the Board for good cause.&nbsp;</span></p> <p><span class="cls0">8. Fees for any examination shall be paid by an applicant prior to the examination and no later than a date set by the Board.&nbsp;</span></p> <p><span class="cls0">B. To apply for an examination, an applicant shall provide the Board and attest to the following information and documentation no later than a date set by the Board:&nbsp;</span></p> <p><span class="cls0">1. His or her full name and all aliases or other names ever used, current address, social security number, and date and place of birth;&nbsp;</span></p> <p><span class="cls0">2. A signed and notarized photograph of the applicant, taken within the previous twelve (12) months;&nbsp;</span></p> <p><span class="cls0">3. Originals of all documents and credentials required by the Board, or notarized photocopies or other verification acceptable to the Board of such documents and credentials;&nbsp;</span></p> <p><span class="cls0">4. A list of all jurisdictions, United States or foreign, in which the applicant is licensed or has applied for licensure to practice medicine and surgery or is authorized or has applied for authorization to practice medicine and surgery;&nbsp;</span></p> <p><span class="cls0">5. A list of all jurisdictions, United States or foreign, in which the applicant has been denied licensure or authorization to practice medicine and surgery or has voluntarily surrendered a license or an authorization to practice medicine and surgery;&nbsp;</span></p> <p><span class="cls0">6. A list of all sanctions, judgments, awards, settlements, or convictions against the applicant in any jurisdiction, United States or foreign, that would constitute grounds for disciplinary action under this act or the Board's rules;&nbsp;</span></p> <p><span class="cls0">7. A detailed educational history, including places, institutions, dates, and program descriptions, of the applicant's education including all college, preprofessional, professional, and professional graduate education;&nbsp;</span></p> <p><span class="cls0">8. A detailed chronological life history from age eighteen (18) to present, including places and dates of residence, employment, and military service (United States or foreign); and&nbsp;</span></p> <p><span class="cls0">9. Any other information or documentation specifically requested by the Board that is related to the applicant's eligibility to sit for the examination.&nbsp;</span></p> <p><span class="cls0">C. No person shall subvert or attempt to subvert the security of any medical licensure examination. The Board shall establish procedures to ensure the security and validity of all medical licensure examinations.&nbsp;</span></p> <p><span class="cls0">Any individual found by the Board to have engaged in conduct that subverts or attempts to subvert the medical licensing examination process may have his or her scores on the licensing examination withheld and/or declared invalid, be disqualified from the practice of medicine and surgery, and/or be subject to the imposition of other appropriate sanctions. The Board shall notify the Federation of State Medical Boards of the United States of any such action.&nbsp;</span></p> <p><span class="cls0">Conduct that subverts or attempts to subvert the medical licensing examination process shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Conduct that violates the security of the examination materials, such as removal from the examination room of any of the examination materials; reproduction or reconstruction of any portion of the licensure examination; aid by any means in the reproduction or reconstruction of any portion of the licensure examination; sale, distribution, purchase, receipt, or unauthorized possession of any portion of a future, current, or previously administered licensure examination; and/or&nbsp;</span></p> <p><span class="cls0">2. Conduct that violates the standard of test administration, such as communication with any other examinee during the administration of the licensure examination; copying answers from another examinee or by knowingly permitting one's answers to be copied by another examinee during the administration of the licensure examination; possession during the administration of the licensing examination, unless otherwise required or authorized, of any books, notes, written or printed materials or data of any kind, other than the examination distributed; and/or&nbsp;</span></p> <p><span class="cls0">3. Conduct that violates the credentialing process, such as falsification or misrepresentation of educational credentials or other information required for admission to the licensure examination; impersonation of an examinee or having an impersonator take the licensure examination on one's behalf.&nbsp;</span></p> <p><span class="cls0">D. The Board shall provide written notice to all applicants for medical licensure of such prohibitions and of the sanctions imposed for such conduct. A copy of such notice, attesting that the applicant has read and understands the notice, shall be signed by the applicant and filed with the application.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 18, eff. July 1, 1994. Amended by Laws 1998, c. 324, &sect; 7, emerg. eff. May 28, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-495. Issuance of licenses.&nbsp;</span></p> <p><span class="cls0">When an applicant shall have shown that he or she is qualified as herein required, a license, in form approved by the State Board of Medical Licensure and Supervision and attested by the seal of the Board, shall be issued to the applicant by the Board, authorizing the applicant to practice medicine and surgery within the meaning of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 106, &sect; 15. Amended by Laws 1994, c. 323, &sect; 19, eff. July 1, 1994; Laws 1995, c. 211, &sect; 4, eff. Nov. 1, 1995; Laws 1998, c. 324, &sect; 8, emerg. eff. May 28, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-495a. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-495a.1. License reregistration.&nbsp;</span></p> <p><span class="cls0">A. At regular intervals set by the Board, no less than one time per annum, each licensee licensed by this act shall demonstrate to the Board the licensee's continuing qualification to practice medicine and surgery. The licensee shall apply for license reregistration on a form(s) provided by the Board, which shall be designed to require the licensee to update and/or add to the information in the Board's file relating to the licensee and his or her professional activity. It shall also require the licensee to report to the Board the following information:&nbsp;</span></p> <p><span class="cls0">1. Any action taken against the licensee for acts or conduct similar to acts or conduct described in this act as grounds for disciplinary action by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any jurisdiction or authority (United States or foreign) that licenses or authorizes the practice of medicine and surgery,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any peer review body,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any health care institution,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any professional medical society or association,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;any law enforcement agency,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;any court, or&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;any governmental agency;&nbsp;</span></p> <p><span class="cls0">2. Any adverse judgment, settlement, or award against the licensee arising from a professional liability claim;&nbsp;</span></p> <p><span class="cls0">3. The licensee's voluntary surrender of or voluntary limitation on any license or authorization to practice medicine and surgery in any jurisdiction, including military, public health and foreign;&nbsp;</span></p> <p><span class="cls0">4. Any denial to the licensee of a license or authorization to practice medicine and surgery by any jurisdiction, including military, public health or foreign;&nbsp;</span></p> <p><span class="cls0">5. The licensee's voluntary resignation from the medical staff of any health care institution or voluntary limitation of the licensee's staff privileges at such an institution if that action occurred while the licensee was under formal or informal investigation by the institution or a committee thereof for any reason related to alleged medical incompetence, unprofessional conduct, or mental or physical impairment;&nbsp;</span></p> <p><span class="cls0">6. The licensee's voluntary resignation or withdrawal from a national, state, or county medical society, association, or organization if that action occurred while the licensee was under formal or informal investigation or review by that body for any reason related to possible medical incompetence, unprofessional or unethical conduct, or mental or physical impairment;&nbsp;</span></p> <p><span class="cls0">7. Whether the licensee has abused or has been addicted to or treated for addiction to alcohol or any chemical substance during the previous registration period, unless such person is in a rehabilitation program approved by the Board;&nbsp;</span></p> <p><span class="cls0">8. Whether the licensee has had any physical injury or disease or mental illness during the previous registration period that affected or interrupted his or her practice of medicine and surgery; and&nbsp;</span></p> <p><span class="cls0">9. The licensee's completion of continuing medical education or other forms of professional maintenance and/or evaluation, including specialty board certification or recertification, during the previous registration period.&nbsp;</span></p> <p><span class="cls0">B. The Board may require continuing medical education for license reregistration and require documentation of that education.&nbsp;</span></p> <p><span class="cls0">C. The licensee shall sign and attest to the veracity of the application form for license reregistration. Failure to report fully and correctly shall be grounds for disciplinary action by the Board.&nbsp;</span></p> <p><span class="cls0">D. The Board shall establish a system for reviewing reregistration forms. The Board may initiate investigations and disciplinary proceedings based on information submitted by licensees for license reregistration.&nbsp;</span></p> <p><span class="cls0">E. Upon a finding by the Board that the licensee is fit to continue to practice medicine and surgery in this state, the Board shall issue to the licensee a license to practice medicine and surgery during the next registration period.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 20, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-495b. Practice without renewal license prohibited - Punishment - Revocation or suspension of license.&nbsp;</span></p> <p><span class="cls0">Any person practicing medicine and surgery in Oklahoma as defined by law without having the legal possession of a current renewal license shall be guilty of a misdemeanor and upon conviction be punished by a fine of not less than One Thousand Dollars ($1,000.00), and such practice shall constitute grounds for the revocation or suspension of his or her license to practice medicine and surgery in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 243, &sect; 2, emerg. eff. May 15, 1941. Amended by Laws 1987, c. 118, &sect; 16, operative July 1, 1987; Laws 1994, c. 323, &sect; 21, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-495c. Reregistration fees - Depository funds - Disposition.&nbsp;</span></p> <p><span class="cls0">A. Each application for reregistration, as set forth in Section 20 of this act, shall be accompanied by a reregistration fee in an amount fixed by the Board.&nbsp;</span></p> <p><span class="cls0">B. All reregistration fees paid to the secretary of the Board under the provisions of this act shall be deposited with the State Treasurer, who shall place the same in the regular depository fund of the Board. Said fund, less the ten percent (10%) gross fees paid into the General Fund of the state under the provisions of Sections 211 through 214 of Title 62 of the Oklahoma Statutes, shall be expended in the manner and for the purposes now provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 243, &sect; 3, emerg. eff. May 15, 1941. Amended by Laws 1970, c. 145, &sect; 2, emerg. eff. April 7, 1970; Laws 1987, c. 118, &sect; 17, operative July 1, 1987; Laws 1994, c. 323, &sect; 22, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-495d. Suspension in absence of reregistration - Reinstatement.&nbsp;</span></p> <p><span class="cls0">If a licensee fails to apply for reregistration within sixty (60) days from the end of the previous registration period, as provided in this act, his original license to practice medicine and surgery in this state shall be suspended and the Board shall report to the office of the district attorney of the county of practice any physician who failed to reregister if the physician's practice is still in Oklahoma. Said original license shall, upon due application by said person therefor, be reinstated by the Board or its agent designated for that purpose if and when the applicant furnishes satisfactory proof that:&nbsp;</span></p> <p><span class="cls0">(a) The licensee had not practiced medicine or surgery in any other state or territory of the United States in violation of the laws thereof during said period;&nbsp;</span></p> <p><span class="cls0">(b) The licensee's license to practice medicine or surgery had not been revoked in any other such state or territory during said period;&nbsp;</span></p> <p><span class="cls0">(c) The licensee has not been convicted of a felony or the violation of the narcotic laws of the United States during said period; and&nbsp;</span></p> <p><span class="cls0">(d) The licensee has met the same standards for licensure as is required at the time for initial licensure and the latest reregistration period.&nbsp;</span></p> <p><span class="cls0">A fee set by the Board shall accompany the application for reinstatement. The Board may in its discretion require the applicant to take and pass an examination prescribed by it to assess the applicant's clinical competency unless the applicant can show that fifty percent (50%) of his monthly activities during the time the applicant's Oklahoma license has been inactive include the practice of medicine.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1951, p. 165, &sect; 1, emerg. eff. Feb. 26, 1951. Amended by Laws 1987, c. 118, &sect; 18, operative July 1, 1987; Laws 1994, c. 323, &sect; 23, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-495e. Appeal from rejection of reregistration.&nbsp;</span></p> <p><span class="cls0">Any licensee whose reregistration application is rejected by the Board, shall have the right to appeal from such action to the district court of the county of residence. If the licensee does not reside or practice in Oklahoma, appeal shall be to the Oklahoma County District Court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1951, p. 165, &sect; 2, emerg. eff. Feb. 26, 1951. Amended by Laws 1994, c. 323, &sect; 24, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-495f. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-495g. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-495h. Reinstatement of license or certificate - Satisfactory evidence of professional competence.&nbsp;</span></p> <p><span class="cls0">The State Board of Medical Licensure and Supervision may require satisfactory evidence of professional competence and good moral character from applicants requesting reinstatement of any license or certificate issued by the Board. The Board may set criteria for measurement of professional competence by rule.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 211, &sect; 5, eff. Nov. 1, 1995. Amended by Laws 2004, c. 523, &sect; 6, emerg. eff. June 9, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-496. Repealed by Laws 1983, c. 159, &sect; 4, operative July 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;59497. Duplicate licenses.&nbsp;</span></p> <p><span class="cls0">The State Board of Medical Licensure and Supervision is hereby authorized to issue a duplicate license to any licensee of this state, who may have lost his license except through suspension, failure to renew, revocation or denial; provided, that the application, properly verified by oath, be made upon forms provided for that purpose; and provided, further, that a fee set by the Board shall be paid.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 118, &sect; 20, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;59-498. Repealed by Laws 1983, c. 159, &sect; 4, operative July 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;59-499. Repealed by Laws 1949, p. 403, &sect; 1a.&nbsp;</span></p> <p><span class="cls0">&sect;59-500. Notice of practice location and address - Proof of licensure.&nbsp;</span></p> <p><span class="cls0">Each person holding a license authorizing the practice of medicine and surgery in this state shall notify the State Board of Medical Licensure and Supervision, in writing, of such licensee&rsquo;s current practice location and mailing address. Each licensee shall carry on his or her person at all times while engaged in such practice of medicine and surgery official verification of valid and effective licensure as may be issued by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 107, &sect; 20, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, &sect; 21, operative July 1, 1987; Laws 1994, c. 323, &sect; 25, eff. July 1, 1994; Laws 2004, c. 523, &sect; 7, emerg. eff. June 9, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-501. Repealed by Laws 1990, c. 163, &sect; 7, eff. Sept 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;59-502. Repealed by Laws 1990, c. 163, &sect; 7, eff. Sept 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;59-503. Sanctions for unprofessional conduct.&nbsp;</span></p> <p><span class="cls0">The State Board of Medical Licensure and Supervision may suspend, revoke or order any other appropriate sanctions against the license of any physician or surgeon holding a license to practice in this state for unprofessional conduct, but no such suspension, revocation or other penalty shall be made until the licensee is cited to appear for hearing. No such citation shall be issued except upon sworn complaint filed with the secretary of the Board, charging the licensee with having been guilty of unprofessional conduct and setting forth the particular act or acts alleged to constitute unprofessional conduct. In the event it comes to the attention of the Board that a violation of the rules of professional conduct may have occurred, even though a formal complaint or charge may not have been filed, the Board may conduct an investigation of the possible violation, and may upon its own motion institute a formal complaint. In the course of the investigation persons appearing before the Board may be required to testify under oath. Upon the filing of a complaint, either by an individual or the Board as provided herein, the citation must forthwith be issued by the secretary of the Board over the signature of the secretary and seal of the Board, setting forth the complaint of unprofessional conduct, and giving due notice of the time and place of the hearing by the Board. The citation shall be made returnable at the next regular meeting of the Board occurring at least thirty (30) days after the service of the citation. The defendant shall file a written answer under oath with the secretary of the Board within twenty (20) days after the service of the citation. The secretary of the Board may extend the time of answer upon satisfactory showing that the defendant is for reasonable cause, unable to answer within the twenty (20) days, but in no case shall the time be extended beyond the date of the next regular meeting of the Board, unless a continuance is granted by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 108, &sect; 23, emerg. eff. March 31, 1923. Amended by Laws 1955, p. 328, &sect; 1, emerg. eff. March 17, 1955; Laws 1987, c. 118, &sect; 23, operative July 1, 1987; Laws 1994, c. 323, &sect; 26, eff. July 1, 1994; Laws 1995, c. 211, &sect; 6, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-503.1. Emergency suspension of licensure.&nbsp;</span></p> <p><span class="cls0">The Secretary of the Board, upon concurrence of the President of the Board that an emergency exists for which the immediate suspension of a license is imperative for the public health, safety and welfare, may conduct a hearing as contemplated by Section 314 of Title 75 of the Oklahoma Statutes to suspend temporarily the license of any person under the jurisdiction of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 27, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59504. Process How served Depositions Subpoenas.&nbsp;</span></p> <p><span class="cls0">All citations and subpoenas, under the contemplation of this act, shall be served in general accordance with the statutes of the State of Oklahoma then in force applying to the service of such documents, and all provisions of the statutes of the state then in force, relating to citations and subpoenas, are hereby made applicable to the citations and subpoenas herein provided for. All the provisions of the statutes of the state, then in force, governing the taking of testimony by depositions, are made applicable to the taking of depositions under this act. The attendance of witnesses shall be compelled in such hearings by subpoenas issued by the secretary of the State Board of Medical Licensure and Supervision over the seal thereof, and the secretary shall in no case refuse to issue such subpoenas upon praecipe filed therefor accompanied with the fee of Five Dollars ($5.00) for each subpoena issued. If any person refuse to obey such subpoena served upon him in such manner, the fact of such refusal shall be certified by the secretary of the Board, over the seal thereof, to the district court of the county in which such service was had, and the court shall proceed to hear said matter in accordance with the statutes of the state then in force governing contempt as for disobedience of its own process.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 118, &sect; 24, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;59-505. State as party to actions - Board as trial body - Rulings - Record.&nbsp;</span></p> <p><span class="cls0">It is hereby provided that the State of Oklahoma is a proper and necessary party in the prosecution of all such actions and hearings before the Board in all matters pertaining to unprofessional conduct under the contemplation of this act, and the Attorney General of the state, in person, or by deputy, is authorized and directed to appear in behalf thereof and the defendant in such action shall have the right to be represented by counsel. The Board shall sit as a trial body and the rulings of the president thereof in all questions shall be the rulings of the Board, unless reversed by a majority vote of the Board upon appeal thereto from such rulings of the president. The secretary shall preserve a record of all proceedings in such hearings and shall furnish a transcript thereof to the defendant upon request therefor, provided the said defendant shall pay the actual cost of preparing such transcript. If the services of a court reporter are requested, the court reporter shall be reimbursed or paid by the party who made such request.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 109, &sect; 25, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, &sect; 25, operative July 1, 1987; Laws 1994, c. 323, &sect; 28, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-506. Decisions of Board - Suspension and reinstatement - Narcotics conviction.&nbsp;</span></p> <p><span class="cls0">A. If it is the decision of the State Board of Medical Licensure and Supervision, after considering all the testimony presented, that the defendant is guilty as charged, the Board shall revoke the license of the defendant, and the defendant's rights to practice medicine and surgery. The Board, however, may suspend a license, during which suspension the holder of such suspended license shall not be entitled to practice medicine and surgery thereunder. If during suspension, the defendant practiced medicine or surgery or has been guilty of any act of unprofessional conduct, as defined by the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, the Board may revoke the license of such licensee or place the licensee upon probation for any period of time not less than one (1) year, nor more than five (5) years, or on second offense place the licensee on probation for an indefinite period of time, during which time the licensee's conduct will be kept under observation. The Board, furthermore, may impose on the defendant, as a condition of any suspension or probation, a requirement that the defendant attend and produce evidence of successful completion of a specific term of education, residency, or training in enumerated fields and/or institutions as ordered by the Board based on the facts of the case. The education, residency, or training shall be at the expense of the defendant. The Board may also impose other disciplinary actions as provided for in Section 509.1 of this title. At the end of any term of suspension imposed by the Board, the applicant for reinstatement shall show to the Board successful completion of all conditions and requirements imposed by the Board and demonstrate eligibility for reinstatement.&nbsp;</span></p> <p><span class="cls0">B. Immediately upon learning that a licensee has been convicted of a felonious violation of a state or federal narcotics law, the Executive Director of the Board shall summarily suspend the license and assign a hearing date for the matter to be presented to the Board. Immediately upon learning that a licensee is in violation of a Board-ordered probation, the Executive Director of the Board may summarily suspend the license based on imminent harm to the public and assign a hearing date for the matter to be presented at the next scheduled Board meeting.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 109, &sect; 26, emerg. eff. March 31, 1923. Amended by Laws 1963, c. 200, &sect; 1, emerg. eff. June 10, 1963; Laws 1987, c. 118, &sect; 26, operative July 1, 1987; Laws 1994, c. 323, &sect; 29, eff. July 1, 1994; Laws 1995, c. 211, &sect; 7, eff. Nov. 1, 1995; Laws 1998, c. 324, &sect; 9, emerg. eff. May 28, 1998; Laws 2009, c. 261, &sect; 6, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-507. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-508. Revocation for fraud, misrepresentation or mistake - Misdemeanor.&nbsp;</span></p> <p><span class="cls0">A. Whenever any license has been procured or obtained by fraud or misrepresentation, or was issued by mistake; or if the diploma of graduation in medicine and surgery or any other credentials required as necessary to the admission to the examination for license were obtained by fraud or misrepresentation or were issued by mistake; or if the reciprocity endorsement from another state, upon which a license has been issued in this state, was procured by fraud or misrepresentation, or was issued by mistake, it shall be the duty of the State Board of Medical Licensure and Supervision to take appropriate disciplinary action in the same manner as is provided by the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act for the disciplining of unprofessional conduct.&nbsp;</span></p> <p><span class="cls0">B. Use of fraudulent information to obtain a license shall be a misdemeanor offense, punishable, upon conviction, by the imposition of a fine of not less than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 110, &sect; 28, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, &sect; 27, operative July 1, 1987; Laws 1994, c. 323, &sect; 30, eff. July 1, 1994; Laws 2002, c. 213, &sect; 3, emerg. eff. May 8, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-508.1. Reinstatement on Board's own motion.&nbsp;</span></p> <p><span class="cls0">At any time after the Board has revoked or suspended the license to practice medicine or surgery of any person, the Board, upon its own motion and of its own authority and right, may reconsider such order and decision for any reason deemed by it to be sufficient and may, in its discretion, reinstate the license of such person.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 135, &sect; 1, emerg. eff. March 24, 1943. Amended by Laws 1987, c. 118, &sect; 28, operative July 1, 1987; Laws 1994, c. 323, &sect; 31, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-508.2. Reinstatement on application of person whose license is suspended or revoked.&nbsp;</span></p> <p><span class="cls0">A. At any time after the expiration of twelve (12) months from the date the license of any person to practice medicine or surgery has been revoked with right to reapply, or at any time after the expiration of six (6) months from the date the license of any person to practice medicine or surgery has been suspended by the State Board of Medical Licensure and Supervision, such person whose license has been so revoked or suspended may file an application with the secretary of the Board, together with an application fee set by the Board, to reinstate the license. A licensee who has had a license revoked, suspended or who has surrendered a license in lieu of prosecution shall not be reinstated and no probation shall be lifted unless the licensee has paid all fines and reimbursements in a manner satisfactory to the Board.&nbsp;</span></p> <p><span class="cls0">B. The application shall be assigned for hearing at the next regular meeting of the Board following the filing thereof. In addition, the Board may authorize the secretary to hold a hearing on the application at any time. In such cases, the Board shall have the authority and right to reconsider the order and decision of revocation or suspension.&nbsp;</span></p> <p><span class="cls0">C. For such causes and reasons deemed by it sufficient and for the best interest of the medical profession and the citizens of this state, the Board may reinstate a license of an applicant and issue the order therefor.&nbsp;</span></p> <p><span class="cls0">D. The Board may negotiate with the licensee a plan of repayment for any fines or other costs that is satisfactory to the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 135, &sect; 2, emerg. eff. March 24, 1943. Amended by Laws 1987, c. 118, &sect; 29, operative July 1, 1987; Laws 1994, c. 323, &sect; 32, eff. July 1, 1994; Laws 2004, c. 523, &sect; 8, emerg. eff. June 9, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-508.3. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-509. Unprofessional conduct - Definition.&nbsp;</span></p> <p><span class="cls0">The words &ldquo;unprofessional conduct&rdquo; as used in Sections 481 through 514 of this title are hereby declared to include, but shall not be limited to, the following:&nbsp;</span></p> <p><span class="cls0">1. Procuring, aiding or abetting a criminal operation;&nbsp;</span></p> <p><span class="cls0">2. The obtaining of any fee or offering to accept any fee, present or other form of remuneration whatsoever, on the assurance or promise that a manifestly incurable disease can or will be cured;&nbsp;</span></p> <p><span class="cls0">3. Willfully betraying a professional secret to the detriment of the patient;&nbsp;</span></p> <p><span class="cls0">4. Habitual intemperance or the habitual use of habit-forming drugs;&nbsp;</span></p> <p><span class="cls0">5. Conviction of a felony or of any offense involving moral turpitude;&nbsp;</span></p> <p><span class="cls0">6. All advertising of medical business in which statements are made which are grossly untrue or improbable and calculated to mislead the public;&nbsp;</span></p> <p><span class="cls0">7. Conviction or confession of a crime involving violation of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the antinarcotic or prohibition laws and regulations of the federal government,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the laws of this state, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;State Board of Health rules;&nbsp;</span></p> <p><span class="cls0">8. Dishonorable or immoral conduct which is likely to deceive, defraud, or harm the public;&nbsp;</span></p> <p><span class="cls0">9. The commission of any act which is a violation of the criminal laws of any state when such act is connected with the physician&rsquo;s practice of medicine. A complaint, indictment or confession of a criminal violation shall not be necessary for the enforcement of this provision. Proof of the commission of the act while in the practice of medicine or under the guise of the practice of medicine shall be unprofessional conduct;&nbsp;</span></p> <p><span class="cls0">10. Failure to keep complete and accurate records of purchase and disposal of controlled drugs or of narcotic drugs;&nbsp;</span></p> <p><span class="cls0">11. The writing of false or fictitious prescriptions for any drugs or narcotics declared by the laws of this state to be controlled or narcotic drugs;&nbsp;</span></p> <p><span class="cls0">12. Prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship;&nbsp;</span></p> <p><span class="cls0">13. The violation, or attempted violation, direct or indirect, of any of the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, either as a principal, accessory or accomplice;&nbsp;</span></p> <p><span class="cls0">14. Aiding or abetting, directly or indirectly, the practice of medicine by any person not duly authorized under the laws of this state;&nbsp;</span></p> <p><span class="cls0">15. The inability to practice medicine with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this subsection the State Board of Medical Licensure and Supervision may, upon probable cause, request a physician to submit to a mental or physical examination by physicians designated by it. If the physician refuses to submit to the examination, the Board shall issue an order requiring the physician to show cause why the physician will not submit to the examination and shall schedule a hearing on the order within thirty (30) days after notice is served on the physician. The physician shall be notified by either personal service or by certified mail with return receipt requested. At the hearing, the physician and the physician&rsquo;s attorney are entitled to present any testimony and other evidence to show why the physician should not be required to submit to the examination. After a complete hearing, the Board shall issue an order either requiring the physician to submit to the examination or withdrawing the request for examination. The medical license of a physician ordered to submit for examination may be suspended until the results of the examination are received and reviewed by the Board;&nbsp;</span></p> <p><span class="cls0">16. Prescribing, dispensing or administering of controlled substances or narcotic drugs in excess of the amount considered good medical practice, or prescribing, dispensing or administering controlled substances or narcotic drugs without medical need in accordance with published standards;&nbsp;</span></p> <p><span class="cls0">17. Engaging in physical conduct with a patient which is sexual in nature, or in any verbal behavior which is seductive or sexually demeaning to a patient;&nbsp;</span></p> <p><span class="cls0">18. Failure to maintain an office record for each patient which accurately reflects the evaluation, treatment, and medical necessity of treatment of the patient;&nbsp;</span></p> <p><span class="cls0">19. Failure to provide necessary ongoing medical treatment when a doctor-patient relationship has been established, which relationship can be severed by either party providing a reasonable period of time is granted; or&nbsp;</span></p> <p><span class="cls0">20. Failure to provide a proper and safe medical facility setting and qualified assistive personnel for a recognized medical act, including but not limited to an initial in-person patient examination, office surgery, diagnostic service or any other medical procedure or treatment. Adequate medical records to support diagnosis, procedure, treatment or prescribed medications must be produced and maintained.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 110, &sect; 29, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 96, &sect; 5, emerg. eff. April 6, 1925; Laws 1973, c. 99, &sect; 1, emerg. eff. May 2, 1973; Laws 1980, c. 208, &sect; 1, emerg. eff. May 30, 1980; Laws 1993, c. 338, &sect; 1, eff. Sept. 1, 1993; Laws 1995, c. 211, &sect; 8, eff. Nov. 1, 1995; Laws 1998, c. 324, &sect; 10, emerg. eff. May 28, 1998; Laws 2004, c. 523, &sect; 9, emerg. eff. June 9, 2004; Laws 2009, c. 261, &sect; 7, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-509.1. Disciplinary actions.&nbsp;</span></p> <p><span class="cls0">A. RANGE OF ACTIONS: The State Board of Medical Licensure and Supervision may impose disciplinary actions in accordance with the severity of violation of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act. Disciplinary actions may include, but are not limited to the following:&nbsp;</span></p> <p><span class="cls0">1. Revocation of the medical license with or without the right to reapply;&nbsp;</span></p> <p><span class="cls0">2. Suspension of the medical license;&nbsp;</span></p> <p><span class="cls0">3. Probation;&nbsp;</span></p> <p><span class="cls0">4. Stipulations, limitations, restrictions, and conditions relating to practice;&nbsp;</span></p> <p><span class="cls0">5. Censure, including specific redress, if appropriate;&nbsp;</span></p> <p><span class="cls0">6. Reprimand;&nbsp;</span></p> <p><span class="cls0">7. A period of free public or charity service;&nbsp;</span></p> <p><span class="cls0">8. Satisfactory completion of an educational, training, and/or treatment program or programs; and&nbsp;</span></p> <p><span class="cls0">9. Administrative fines of up to Five Thousand Dollars ($5,000.00) per violation.&nbsp;</span></p> <p><span class="cls0">Provided, as a condition of disciplinary action sanctions, the Board may impose as a condition of any disciplinary action, the payment of costs expended by the Board for any legal fees and costs and probation and monitoring fees including, but not limited to, staff time, salary and travel expense, witness fees and attorney fees. The Board may take such actions singly or in combination as the nature of the violation requires.&nbsp;</span></p> <p><span class="cls0">B. LETTER OF CONCERN: The Board may authorize the secretary to issue a confidential letter of concern to a licensee when evidence does not warrant formal proceedings, but the secretary has noted indications of possible errant conduct that could lead to serious consequences and formal action. The letter of concern may contain, at the secretary&rsquo;s discretion, clarifying information from the licensee.&nbsp;</span></p> <p><span class="cls0">C. EXAMINATION/EVALUATION: The Board may, upon reasonable cause, require professional competency, physical, mental, or chemical dependency examinations of any licensee, including withdrawal and laboratory examination of body fluids.&nbsp;</span></p> <p><span class="cls0">D. DISCIPLINARY ACTION AGAINST LICENSEES:&nbsp;</span></p> <p><span class="cls0">1. The Board shall promulgate rules describing acts of unprofessional or unethical conduct by physicians pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act; and&nbsp;</span></p> <p><span class="cls0">2. Grounds for Action: The Board may take disciplinary action for unprofessional or unethical conduct as deemed appropriate based upon the merits of each case and as set out by rule. The Board shall not revoke the license of a person otherwise qualified to practice allopathic medicine within the meaning of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act solely because the person&rsquo;s practice or a therapy is experimental or nontraditional.&nbsp;</span></p> <p><span class="cls0">Reports of all disciplinary action provided for in this section will be available to the public upon request.&nbsp;</span></p> <p><span class="cls0">E. SURRENDER IN LIEU OF PROSECUTION:&nbsp;</span></p> <p><span class="cls0">1. The Board may accept a surrender of license from a licensee who has engaged in unprofessional conduct in lieu of Board staff prosecuting a pending disciplinary action or filing formal disciplinary proceedings only as provided in this section. To effect such a surrender, the licensee must submit a sworn statement to the Board:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;expressing the licensee&rsquo;s desire to surrender the license,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;acknowledging that the surrender is freely and voluntarily made, that the licensee has not been subjected to coercion or duress, and that the licensee is fully aware of the consequences of the license surrender,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;stating that the licensee is the subject of an investigation or proceeding by the Board or a law enforcement or other regulatory agency involving allegations which, if proven, would constitute grounds for disciplinary action by the Board, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;specifically admitting to and describing the misconduct.&nbsp;</span></p> <p><span class="cls0">2. The sworn written statement must be submitted with the licensee&rsquo;s wallet card and wall certificate. The Secretary or Executive Director of the Board may accept the sworn statement, wallet card and wall certificate from a licensee pending formal acceptance by the Board. The issuance of a complaint and citation by the Board shall not be necessary for the Board to accept a surrender under this subsection. A surrender under this subsection shall be considered disciplinary action by the Board in all cases, even in cases where surrender occurs prior to the issuance of a formal complaint and citation, and shall be reported as disciplinary action by the Board to the public and any other entity to whom the Board regularly reports disciplinary actions.&nbsp;</span></p> <p><span class="cls0">3. As a condition to acceptance of the surrender, the Board may require the licensee to pay the costs expended by the Board for any legal fees and costs and any investigation, probation and monitoring fees including, but not limited to, staff time, salary and travel expense, witness fees and attorney fees.&nbsp;</span></p> <p><span class="cls0">4. The licensee whose surrender in lieu of prosecution is accepted by the Board shall be ineligible to reapply for reinstatement of his or her license for at least one (1) year from the date of the accepted surrender.&nbsp;</span></p> <p><span class="cls0">F. ALL LICENSED PROFESSIONALS: All disciplinary actions defined in this section are applicable to any and all professional licensees under the legislative jurisdiction of the State Board of Medical Licensure and Supervision.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 323, &sect; 33, eff. July 1, 1994. Amended by Laws 1999, c. 23, &sect; 2, eff. Nov. 1, 1999; Laws 2002, c. 213, &sect; 4, emerg. eff. May 8, 2002; Laws 2004, c. 523, &sect; 10, emerg. eff. June 9, 2004; Laws 2009, c. 261, &sect; 8, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59510. Corporations Firms Practice of medicine.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of all firms, associations, or corporations engaged in the practice of medicine within the meaning of this act, within the State of Oklahoma, under whatsoever name or designation, before entering the practice thereof, to report in writing to the county clerk of the county in which such business is to be conducted, the names and addresses of all physicians connected therewith who propose to practice medicine and surgery under such name or designation, or in connection therewith, within said county and state; and from time to time thereafter such additional names and addresses as may be added thereto for the purpose of engaging in such practice under such firm name and designation, shall be so reported; Provided, that nothing in this section shall operate or be construed to waive the requirements that each and every member of such firm, association or corporation so practicing medicine and surgery thereunder, shall be duly licensed to practice medicine and surgery in the State of Oklahoma. Any firm, association or corporation, or any member or agent thereof, violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100.00), and each day's practice shall be deemed a separate offense.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1923, c. 59, p. 111, &sect; 30. &nbsp;</span></p> <p><span class="cls0">&sect;59-511. Deposit of fees and other monies - Payments from fund - Disposition of balance.&nbsp;</span></p> <p><span class="cls0">All monies accruing to the Board from fees herein provided for, and from all other sources whatsoever, shall be received by the secretary who shall make deposit thereof with the State Treasurer, who shall place the same in a designated depository fund to the credit of the Board. All salaries and expenses of the Board shall be paid from said depository fund upon proper vouchers approved by the secretary of the Board in the usual manner as the other similar departments of state. It is further provided that, at the end of each fiscal year, the unexpended balance of such funds shall be carried forward and placed to the credit of the Board for the succeeding fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 112, &sect; 31, emerg. eff. March 31, 1923. Amended by Laws 1987, c. 118, &sect; 30, operative July 1, 1987; Laws 1994, c. 323, &sect; 34, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-512. Salary of secretary - Personnel - Investigators - Travel expenses.&nbsp;</span></p> <p><span class="cls0">The secretary of the State Board of Medical Licensure and Supervision shall be paid an annual salary in an amount fixed by the Board. The Board shall have the authority to expend such funds as are necessary in carrying out the duties of the Board and shall have the authority to hire all necessary personnel, at salaries to be fixed by the Board, as the Board shall deem necessary. The Board shall have the authority to hire attorneys to represent the Board in all legal matters and to assist authorized state and county officers in prosecuting or restraining violations of Section 481 et seq. of this title, and to fix the salaries or per diem of said attorneys.&nbsp;</span></p> <p><span class="cls0">The Board shall have the authority to hire one or more investigators as may be necessary to carry out the provisions of this act at an annual salary to be fixed by the Board. Such investigators may be commissioned peace officers of this state. In addition such investigators shall have the authority and duty to investigate and inspect the records of all persons in order to determine whether or not the narcotic laws or the dangerous drug laws have been complied with.&nbsp;</span></p> <p><span class="cls0">The Board is specifically authorized to contract with state agencies or other bodies to perform investigative services at a rate set by the Board.&nbsp;</span></p> <p><span class="cls0">The Board is authorized to pay the travel expenses of Board employees and members in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">The expenditures authorized herein shall not be a charge against the state, but the same shall be paid solely from the Board's depository fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 112, &sect; 32, emerg. eff. March 31, 1923. Amended by Laws 1970, c. 145, &sect; 3, emerg. eff. April 7, 1970; Laws 1980, c. 159, &sect; 12, emerg. eff. April 2, 1980; Laws 1985, c. 178, &sect; 33, operative July 1, 1985; Laws 1987, c. 118, &sect; 31, operative July 1, 1987; Laws 1994, c. 323, &sect; 35, eff. July 1, 1994; Laws 2002, c. 213, &sect; 5, emerg. eff. May 8, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-513. Quasi-judicial powers of Board - Appeals to Supreme Court - Revocation on conviction of felony - Fugitive from justice.&nbsp;</span></p> <p><span class="cls0">A. 1. The State Board of Medical Licensure and Supervision is hereby given quasi-judicial powers while sitting as a Board for the purpose of revoking, suspending or imposing other disciplinary actions upon the license of physicians or surgeons of this state, and appeals from its decisions shall be taken to the Supreme Court of this state within thirty (30) days of the date that a copy of the decision is mailed to the appellant, as shown by the certificate of mailing attached to the decision.&nbsp;</span></p> <p><span class="cls0">2. The license of any physician or surgeon who has been convicted of any felony in or without the State of Oklahoma and whether in a state or federal court, may be suspended by the Board upon the submission thereto of a certified copy of the judgment and sentence of the trial court and the certificate of the clerk of the court of the conviction.&nbsp;</span></p> <p><span class="cls0">3. Upon proof of a final felony conviction by the courts and after exhaustion of the appellate process, the Board shall revoke the physician&rsquo;s license. If the felony conviction is overturned on appeal and no other appeals are sought, the Board shall restore the license of the physician. Suspension or revocation of the license of any person convicted of a felony on any other grounds than that of moral turpitude or the violation of the federal or state narcotic laws, shall be on the merits of the particular case, but the court records in the trial of such case when conviction has been had shall be prima facie evidence of the conviction.&nbsp;</span></p> <p><span class="cls0">4. The Board shall also revoke and cancel the license of any physician or surgeon who has been charged in a court of record of this or other states of the United States or in the federal court with the commission of a felony and who is a fugitive from justice, upon the submission of a certified copy of the charge together with a certificate from the clerk of the court that after the commitment of the crime the physician or surgeon fled from the jurisdiction of the court and is a fugitive from justice.&nbsp;</span></p> <p><span class="cls0">B. To the extent necessary to allow the Board the power to enforce disciplinary actions imposed by the Board, in the exercise of its authority, the Board may punish willful violations of its orders and impose additional penalties as allowed by Section 509.1 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 59, p. 112, &sect; 33, emerg. eff. March 31, 1923. Amended by Laws 1925, c. 63, p. 96, &sect; 6, emerg. eff. April 6, 1925; Laws 1935, p. 56, &sect; 2, emerg. eff. May 13, 1935; Laws 1987, c. 118, &sect; 32, operative July 1, 1987; Laws 1994, c. 323, &sect; 36, eff. July 1, 1994; Laws 1998, c. 374, &sect; 3, eff. Nov. 1, 1998; Laws 2004, c. 523, &sect; 11, emerg. eff. June 9, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59514. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">In the event any of the provisions of this act shall be held unconstitutional, the same shall not affect the enforcement of the other provisions hereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1923, c. 59, p. 112, &sect; 34. &nbsp;</span></p> <p><span class="cls0">&sect;59-515. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-516. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59-517. Repealed by Laws 1994, c. 323, &sect; 38, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;59518. Emergency care or treatment Immunity from civil damages or criminal prosecution.&nbsp;</span></p> <p><span class="cls0">No person who is a licensed practitioner of a healing art in the State of Oklahoma, who in good faith renders emergency care or treatment at the scene of the emergency, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care or treatment, and no person who is a licensed practitioner of a healing art in the State of Oklahoma shall be prosecuted under the criminal statutes of this state for treatment of a minor without the consent of a minor's parent or guardian when such treatment was performed under emergency conditions and in good faith.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 458, &sect; 1; Laws 1967, c. 57, &sect; 1; Laws 1968, c. 405, &sect; 1, emerg. eff. May 17, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;59-518.1. Allied Professional Peer Assistance Program &ndash; Committees - Records.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Allied Professional Peer Assistance Program to rehabilitate allied medical professionals whose competency may be compromised because of the abuse of drugs or alcohol, so that such allied medical professionals can be treated and can return to or continue the practice of allied medical practice in a manner which will benefit the public. The program shall be under the supervision and control of the State Board of Medical Licensure and Supervision.&nbsp;</span></p> <p><span class="cls0">B. The Board may appoint one or more peer assistance evaluation advisory committees, hereinafter called the "allied peer assistance committees". Each of these committees shall be composed of members, the majority of which shall be licensed allied medical professionals with expertise in chemical dependency. The allied peer assistance committees shall function under the authority of the State Board of Medical Licensure and Supervision in accordance with the rules of the Board. The program may be one hundred percent (100%) outsourced to professional groups specialized in this arena. The committee members shall serve without pay, but may be reimbursed for the expenses incurred in the discharge of their official duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">C. The Board may appoint and employ a qualified person or persons to serve as program coordinators and shall fix such person's compensation. The Board shall define the duties of the program coordinators who shall report directly to the Board.&nbsp;</span></p> <p><span class="cls0">D. The Board is authorized to adopt and revise rules, not inconsistent with the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, as may be necessary to enable it to carry into effect the provisions of this section.&nbsp;</span></p> <p><span class="cls0">E. A portion of licensing fees for each allied profession, not to exceed Ten Dollars ($10.00), may be used to implement and maintain the Allied Professional Peer Assistance Program.&nbsp;</span></p> <p><span class="cls0">F. All monies paid pursuant to subsection E of this section shall be deposited in an agency special account revolving fund under the State Board of Medical Licensure and Supervision, and shall be used for the general operating expenses of the Allied Professional Peer Assistance Program, including payment of personal services.&nbsp;</span></p> <p><span class="cls0">G. Records and management information system of the professionals enrolled in the Allied Professional Peer Assistance Program and reports shall be maintained in the program office in a place separate and apart from the records of the Board. The records shall be made public only by subpoena and court order; provided however, confidential treatment shall be cancelled upon default by the professional in complying with the requirements of the program.&nbsp;</span></p> <p><span class="cls0">H. Any person making a report to the Board or to an allied peer assistance committee regarding a professional suspected of practicing allied medical practice while habitually intemperate or addicted to the use of habit-forming drugs, or a professional's progress or lack of progress in rehabilitation, shall be immune from any civil or criminal action resulting from such reports, provided such reports are made in good faith.&nbsp;</span></p> <p><span class="cls0">I. A professional's participation in the Allied Professional Peer Assistance Program in no way precludes additional proceedings by the Board for acts or omissions of acts not specifically related to the circumstances resulting in the professional's entry into the program. However, in the event the professional defaults from the program, the Board may discipline the professional for those acts which led to the professional entering the program.&nbsp;</span></p> <p><span class="cls0">J. The Executive Director of the Board shall suspend the license immediately upon notification that the licensee has defaulted from the Allied Professional Peer Assistance Program, and shall assign a hearing date for the matter to be presented to the Board.&nbsp;</span></p> <p><span class="cls0">K. All treatment information, whether or not recorded, and all communications between a professional and therapist are both privileged and confidential. In addition, the identity of all persons who have received or are receiving treatment services shall be considered confidential and privileged.&nbsp;</span></p> <p><span class="cls0">L. As used in this section, unless the context otherwise requires:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Medical Licensure and Supervision; and&nbsp;</span></p> <p><span class="cls0">2. "Allied peer assistance committee" means the peer assistance evaluation advisory committee created in this section, which is appointed by the State Board of Medical Licensure and Supervision to carry out specified duties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 261, &sect; 3, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-519. Repealed by Laws 1993, c. 289, &sect; 12, emerg. eff. June 3, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-519.1. Short title.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall be known and may be cited as the "Physician Assistant Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 1, emerg. eff. June 3, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-519.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Physician Assistant Act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Medical Licensure and Supervision;&nbsp;</span></p> <p><span class="cls0">2. "Committee" means the Physician Assistant Committee;&nbsp;</span></p> <p><span class="cls0">3. "Health care services" means services which require training in the diagnosis, treatment and prevention of disease, including the use and administration of drugs, and which are performed by physician assistants under the supervision and at the direction of physicians. Such services include, but are not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;initially approaching a patient of any age group in a patient care setting to elicit a detailed history, performing a physical examination, delineating problems and recording the data,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;assisting the physician in conducting rounds in acute and long-term inpatient care settings, developing and implementing patient management plans, recording progress notes and assisting in the provision of continuity of care in other patient care settings,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;ordering, performing or interpreting, at least to the point of recognizing deviations from the norm, common laboratory, radiological, cardiographic and other routine diagnostic procedures used to identify pathophysiologic processes,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;ordering or performing routine procedures such as injections, immunizations, suturing and wound care, and managing simple conditions produced by infection, trauma or other disease processes,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;assisting in the management of more complex illness and injuries, which may include assisting surgeons in the conduct of operations and taking initiative in performing evaluation and therapeutic procedures in response to life-threatening situations,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;instructing and counseling patients regarding compliance with prescribed therapeutic regimens, normal growth and development, family planning, emotional problems of daily living and health maintenance, &nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;facilitating the referral of patients to the community's health and social service agencies when appropriate, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;providing health care services which are delegated by the supervising physician when the service:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;is within the physician assistant&rsquo;s skill,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;forms a component of the physician&rsquo;s scope of practice, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;is provided with supervision, including authenticating with the signature any form that may be authenticated by the supervising physician&rsquo;s signature with prior delegation by the physician.&nbsp;</span></p> <p><span class="cls0">Nothing in the Physician Assistant Act shall be construed to permit physician assistants to provide health care services independent of physician supervision;&nbsp;</span></p> <p><span class="cls0">4. "Patient care setting" means a physician's office, clinic, hospital, nursing home, extended care facility, patient's home, ambulatory surgical center or any other setting authorized by the supervising physician;&nbsp;</span></p> <p><span class="cls0">5. "Physician assistant" means a health care professional, qualified by academic and clinical education and licensed by the State Board of Medical Licensure and Supervision, to provide health care services in any patient care setting at the direction and under the supervision of a physician or group of physicians;&nbsp;</span></p> <p><span class="cls0">6. "Physician Assistant Drug Formulary" means a list of drugs and other medical supplies, approved by the State Board of Medical Licensure and Supervision after consultation with the State Board of Pharmacy, that physician assistants are permitted to prescribe and order under the direction of their supervising physicians;&nbsp;</span></p> <p><span class="cls0">7. "Remote patient care setting" means an outpatient clinic or physician's office that qualifies as a Rural Health Clinic, a Federally Qualified Health Center, a nonprofit community-based health center, or any other patient care setting approved by the State Board of Medical Licensure and Supervision, and that provides service to a medically underserved population, as defined by the appropriate government agency;&nbsp;</span></p> <p><span class="cls0">8. "Supervising physician" means an individual holding a license as a physician from the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners, who supervises physician assistants; &nbsp;</span></p> <p><span class="cls0">9. "Supervision" means overseeing and accepting the responsibility for the health care services performed by a physician assistant; and&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Application to practice&rdquo; means a written description that defines the scope of practice and the terms of supervision of a physician assistant in a medical practice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 2, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, &sect; 1, emerg. eff. April 7, 1997; Laws 1998, c. 128, &sect; 2, eff. Nov. 1, 1998; Laws 2001, c. 385, &sect; 2, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-519.3. Physician Assistant Committee - Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Physician Assistant Committee, which shall be composed of seven (7) members. Two members of the Committee shall be physician assistants appointed by the State Board of Medical Licensure and Supervision from a list of qualified individuals submitted by the Oklahoma Academy of Physician Assistants. One member shall be a physician appointed by the Board from its membership. One member shall be a physician appointed by the Board from a list of qualified individuals submitted by the Oklahoma State Medical Association and who is not a member of the Board. One member shall be a physician appointed by the State Board of Osteopathic Examiners from its membership. One member shall be a physician appointed by the State Board of Osteopathic Examiners from a list of qualified individuals submitted by the Oklahoma Osteopathic Association and who is not a member of said board. One member shall be a licensed pharmacist appointed by the Board of Pharmacy.&nbsp;</span></p> <p><span class="cls0">B. The term of office for each member of the Committee shall be five (5) years. Provided, of those members initially appointed to the Committee by the Board, two shall serve three-year terms and two shall serve five-year terms, as designated by the Board; of those members initially appointed to the Committee by the State Board of Osteopathic Examiners, one shall serve a two-year term and one shall serve a four-year term, as designated by said board; and the member initially appointed by the Board of Pharmacy shall serve a five-year term.&nbsp;</span></p> <p><span class="cls0">C. The Committee shall meet at least quarterly. At the initial meeting of the Committee, members shall elect a chair. The chair shall represent the Committee at all meetings of the Board. Four members shall constitute a quorum for the purpose of conducting official business of the Committee.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Medical Licensure and Supervision is hereby granted the power and authority to promulgate rules, which are in accordance with the provisions of Section 519.1 et seq. of this title, governing the requirements for licensure as a physician assistant, as well as to establish standards for training, approve institutions for training, and regulate the standards of practice of a physician assistant after licensure, including the power of revocation of a license.&nbsp;</span></p> <p><span class="cls0">E. The State Board of Medical Licensure and Supervision is hereby granted the power and authority to investigate all complaints, hold hearings, subpoena witnesses and initiate prosecution concerning violations of Section 519.1 et seq. of this title. When such complaints involve physicians licensed by the State Board of Osteopathic Examiners, the State Board of Osteopathic Examiners shall be officially notified of such complaints.&nbsp;</span></p> <p><span class="cls0">F. 1. The Committee shall advise the Board on matters pertaining to physician assistants, including, but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;educational standards required to practice as a physician assistant,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;licensure requirements required to practice as a physician assistant,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;methods and requirements to assure the continued competence of physician assistants after licensure,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the drugs and other medical supplies for which physician assistants are permitted to prescribe and order under the direction of their supervising physicians,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the grounds for revocation or suspension of a license for a physician assistant,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;education and experience requirements to receive approval to practice in remote patient care settings, and&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;all other matters which may pertain to the practice of physician assistants.&nbsp;</span></p> <p><span class="cls0">2. The Committee shall review and make recommendations to the Board on all applications for licensure as a physician assistant and all applications to practice which shall be approved by the Board. When considering applicants for licensure, to establish standards of training or approve institutions for training, the Committee shall include the Director, or designee, of all Physician Assistant educational programs conducted by institutions of higher education in the state as members.&nbsp;</span></p> <p><span class="cls0">3. The Committee shall assist and advise the Board in all hearings involving physician assistants who are deemed to be in violation of Section 519.1 et seq. of this title or the rules of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 3, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, &sect; 2, emerg. eff. April 7, 1997; Laws 1998, c. 128, &sect; 3, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-519.4. Licensure requirements.&nbsp;</span></p> <p><span class="cls0">To be eligible for licensure as a physician assistant pursuant to the provisions of Section 519.1 et seq. of this title an applicant shall:&nbsp;</span></p> <p><span class="cls0">1. Be of good moral character;&nbsp;</span></p> <p><span class="cls0">2. Have graduated from an accredited physician assistant program recognized by the State Board of Medical Licensure and Supervision; and&nbsp;</span></p> <p><span class="cls0">3. Successfully pass an examination for physician assistants recognized by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 4, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, &sect; 3, emerg. eff. April 7, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-519.5. Repealed by Laws 1998, c. 128, &sect; 7, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;59-519.6. Filing of application to practice - Services performed &ndash; Display and inspection of license.&nbsp;</span></p> <p><span class="cls0">A. No health care services may be performed by a physician assistant unless a current application to practice, jointly filed by the supervising physician and physician assistant, is on file with and approved by the State Board of Medical Licensure and Supervision. The application shall include a description of the physician's practice, methods of supervising and utilizing the physician assistant, and names of alternate supervising physicians who will supervise the physician assistant in the absence of the primary supervising physician.&nbsp;</span></p> <p><span class="cls0">B. The supervising physician need not be physically present nor be specifically consulted before each delegated patient care service is performed by a physician assistant, so long as the supervising physician and physician assistant are or can be easily in contact with one another by radio, telephone or other means of telecommunication. In all patient care settings, the supervising physician shall provide appropriate methods of supervising the health care services provided by the physician assistant including:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;being responsible for the formulation or approval of all orders and protocols, whether standing orders, direct orders or any other orders or protocols, which direct the delivery of health care services provided by a physician assistant, and periodically reviewing such orders and protocols,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;regularly reviewing the health care services provided by the physician assistant and any problems or complications encountered,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;being available physically or through direct telecommunications for consultation, assistance with medical emergencies or patient referral, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;being on-site to provide medical care to patients a minimum of one-half (1/2) day per week. Additional on-site supervision may be required at the recommendation of the Physician Assistant Committee and approved by the Board; and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;that it remains clear that the physician assistant is an agent of the supervising physician; but, in no event shall the supervising physician be an employee of the physician assistant.&nbsp;</span></p> <p><span class="cls0">C. In patients with newly diagnosed chronic or complex illnesses, the physician assistant shall contact the supervising physician within forty-eight (48) hours of the physician assistant's initial examination or treatment and schedule the patient for appropriate evaluation by the supervising physician as directed by the physician.&nbsp;</span></p> <p><span class="cls0">D. 1. A physician assistant under the direction of a supervising physician may prescribe written and oral prescriptions and orders. The physician assistant may prescribe drugs, including controlled medications in Schedules II through V pursuant to Section 2-312 of Title 63 of the Oklahoma Statutes, and medical supplies and services as delegated by the supervising physician and as approved by the State Board of Medical Licensure and Supervision after consultation with the State Board of Pharmacy on the Physician Assistant Drug Formulary.&nbsp;</span></p> <p><span class="cls0">2. A physician assistant may write an order for a Schedule II drug for immediate or ongoing administration on site. Prescriptions and orders for Schedule II drugs written by a physician assistant must be included on a written protocol determined by the supervising physician and approved by the medical staff committee of the facility or by direct verbal order of the supervising physician. Physician assistants may not dispense drugs, but may request, receive, and sign for professional samples and may distribute professional samples to patients.&nbsp;</span></p> <p><span class="cls0">E. A physician assistant may perform health care services in patient care settings as authorized by the supervising physician.&nbsp;</span></p> <p><span class="cls0">F. A physician assistant shall obtain approval from the State Board of Medical Licensure and Supervision prior to practicing in remote patient care settings. Such approval requires documented experience in providing a comprehensive range of primary care services, under the direction of a supervising physician, for at least one (1) year prior to practicing in such settings and such other requirement as the Board may require. The Board is granted the authority to waive this requirement for those applicants possessing equivalent experience and training as recommended by the Committee.&nbsp;</span></p> <p><span class="cls0">G. Each physician assistant licensed under the Physician Assistant Act shall keep his or her license available for inspection at the primary place of business and shall, when engaged in professional activities, identify himself or herself as a physician assistant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 6, emerg. eff. June 3, 1993. Amended by Laws 1998, c. 128, &sect; 4, eff. Nov. 1, 1998; Laws 2001, c. 385, &sect; 3, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-519.7. Temporary approval of a license and application to practice.&nbsp;</span></p> <p><span class="cls0">The Secretary of the State Board of Medical Licensure and Supervision is authorized to grant temporary approval of a license and application to practice to any physician and physician assistant who have jointly filed a license and application to practice which meets the requirements set forth by the Board. Such temporary approval to practice shall be reviewed at the next regularly scheduled meeting of the Board. The temporary approval may be approved, extended or rejected by the Board. If rejected, the temporary approval shall expire immediately.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 7, emerg. eff. June 3, 1993. Amended by Laws 2001, c. 385, &sect; 4, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-519.8. License renewal - Fees.&nbsp;</span></p> <p><span class="cls0">A. Licenses issued to physician assistants shall be renewed annually on a date determined by the State Board of Medical Licensure and Supervision. Each application for renewal shall document that the physician assistant has earned at least twenty (20) hours of continuing medical education during the preceding calendar year.&nbsp;</span></p> <p><span class="cls0">B. The Board shall promulgate, in the manner established by its rules, fees for the following:&nbsp;</span></p> <p><span class="cls0">1. Initial licensure;&nbsp;</span></p> <p><span class="cls0">2. License renewal;&nbsp;</span></p> <p><span class="cls0">3. Late license renewal;&nbsp;</span></p> <p><span class="cls0">4. Application to practice; and&nbsp;</span></p> <p><span class="cls0">5. Disciplinary hearing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 8, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, &sect; 5, emerg. eff. April 7, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-519.9. Preexisting certificates.&nbsp;</span></p> <p><span class="cls0">Any person who holds a certificate as a physician assistant from the State Board of Medical Licensure and Supervision prior to June 3, 1993, shall be granted licensure as a physician assistant under the provisions of Section 519.1 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 9, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 250, &sect; 14, eff. Nov. 1, 1997.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1997, c. 47, &sect; 6 repealed by Laws 1997, c. 250, &sect; 15, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-519.10. Violations - Penalties.&nbsp;</span></p> <p><span class="cls0">Any person who holds herself or himself out as a physician assistant or uses the title "Physician Assistant" without being licensed, or who otherwise violates the provisions of Section 519.1 et seq. of this title shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), by imprisonment in the county jail for not less than five (5) days, nor more than thirty (30) days, or by both such fine and imprisonment. Each day of a violation of the provisions of Section 519.1 et seq. of this title shall constitute a separate and distinct offense. Conviction shall also be grounds for the suspension or revocation of the license of a duly licensed physician assistant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 10, emerg. eff. June 3, 1993. Amended by Laws 1997, c. 47, &sect; 7, emerg. eff. April 7, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-519.11. Construction of act.&nbsp;</span></p> <p><span class="cls0">A. Nothing in this act shall be construed to prevent or restrict the practice, services or activities of any persons of other licensed professions or personnel supervised by licensed professions in this state from performing work incidental to the practice of their profession or occupation, if that person does not represent himself as a physician assistant.&nbsp;</span></p> <p><span class="cls0">B. Nothing stated in this act shall prevent any hospital from requiring the physician assistant and/or the supervising physician to meet and maintain certain staff appointment and credentialling qualifications for the privilege of practicing as, or utilizing, a physician assistant in the hospital.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this act shall be construed to permit a physician assistant to practice medicine or prescribe drugs and medical supplies in this state except when such actions are performed under the supervision and at the direction of a physician approved by the State Board of Medical Licensure and Supervision.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 289, &sect; 11, emerg. eff. June 3, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-520. Repealed by Laws 1993, c. 289, &sect; 12, emerg. eff. June 3, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59521. Exceptions.&nbsp;</span></p> <p><span class="cls0">No health care services may be performed under this act in any of the following areas:&nbsp;</span></p> <p><span class="cls0">(a) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive states of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof.&nbsp;</span></p> <p><span class="cls0">(b) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training or orthoptics.&nbsp;</span></p> <p><span class="cls0">(c) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.&nbsp;</span></p> <p><span class="cls0">Nothing in this section shall preclude the performance of routine visual screening.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1972, c. 220, &sect; 3, emerg. eff. April 7, 1972. &nbsp;</span></p> <p><span class="cls0">&sect;59-522. Repealed by Laws 1993, c. 289, &sect; 12, emerg. eff. June 3, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59-523. Repealed by Laws 1993, c. 289, &sect; 12, emerg. eff. June 3, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;59524. Abortion Infant prematurely born alive Right to medical treatment.&nbsp;</span></p> <p><span class="cls0">The rights to medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant of similar medical status prematurely born.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, c. 10, &sect; 1, emerg. eff. March 11, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;59525. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Athletic Trainers Act".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 150, &sect; 1, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;59526. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Athletic Trainers Act:&nbsp;</span></p> <p><span class="cls0">1. "Athletic trainer" means a person with the qualifications specified in Section 530 of this title, whose major responsibility is the rendering of professional services for the prevention, emergency care, first aid and treatment of injuries incurred by an athlete by whatever methods are available, upon written protocol from the team physician or consulting physician to effect care, or rehabilitation;&nbsp;</span></p> <p><span class="cls0">2. "Apprentice athletic trainer" means a person who assists in the duties usually performed by an athletic trainer under the direct supervision of a licensed athletic trainer;&nbsp;</span></p> <p><span class="cls0">3. "Board" means the State Board of Medical Licensure and Supervision; and&nbsp;</span></p> <p><span class="cls0">4. "Committee" means the Athletic Trainers Advisory Committee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 150, &sect; 2, operative July 1, 1981. Amended by Laws 1987, c. 118, &sect; 37, operative July 1, 1987; Laws 1996, c. 201, &sect; 1, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59527. License required.&nbsp;</span></p> <p><span class="cls0">No person shall hold himself or herself out as an athletic trainer without firstbeing licensed under the provisions of this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 150, &sect; 3, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;59528. Board Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Board, acting upon the advice of the Committee, shall issue all licenses required by this act, and shall exercise the following powers and duties:&nbsp;</span></p> <p><span class="cls0">1. To make rules and regulations deemed necessary to implement the provisions of this act;&nbsp;</span></p> <p><span class="cls0">2. To prescribe application forms for license applicants, license certificate forms and such other forms as necessary to implement the provisions of this act;&nbsp;</span></p> <p><span class="cls0">3. To establish guidelines for athletic trainers in this state;&nbsp;</span></p> <p><span class="cls0">4. To prepare and conduct an examination for applicants for licensure under this act;&nbsp;</span></p> <p><span class="cls0">5. To keep a complete record of all licensed athletic trainers and to prepare an official listing of the names and addresses of all licensed athletic trainers which shall be kept current. A copy of such listing shall be available to any person requesting it upon payment of a copying fee established by the Board;&nbsp;</span></p> <p><span class="cls0">6. To keep a permanent record of all proceedings under this act;&nbsp;</span></p> <p><span class="cls0">7. To employ and establish the duties of clerical personnel necessary to carry out the provisions of this act; and&nbsp;</span></p> <p><span class="cls0">8. To conduct hearings to deny, revoke, suspend or refuse renewal of licenses under this act, and to issue subpoenas to compel witnesses to testify or produce evidence at such hearings in accordance with the Administrative Procedures Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 150, &sect; 4, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;59529. Athletic Trainers Advisory Committee.&nbsp;</span></p> <p><span class="cls0">There is hereby created the Athletic Trainers Advisory Committee, to be composed of five (5) members to be appointed by the State Board of Medical Licensure and Supervision. To qualify as a member, a person must be a citizen of the United States and a resident of Oklahoma for five (5) years immediately preceding appointment. Two members shall be licensed athletic trainers, except for the initial appointees, and two members shall be physicians licensed by the state and one member shall be a member of the Oklahoma Coaches Association who shall be selected by the Board of the Association. Except for the initial appointees, members shall hold office for terms of six (6) years. In the event of death, resignation or removal of any member, the vacancy of the unexpired term shall be filled by the Board in the same manner as other appointments. The Athletic Trainers Advisory Committee shall assist the Board in conducting examinations for applicants and shall advise the Board on all matters pertaining to the licensure of athletic trainers. Members of the Committee shall be reimbursed for expenses incurred while performing their duties under the provisions of this act in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 118, &sect; 38, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;59530. Qualifications of applicants Applications Examination fee Apprentice athletic trainers license.&nbsp;</span></p> <p><span class="cls0">A. An applicant to be eligible for an athletic trainer license must meet one of the following qualifications:&nbsp;</span></p> <p><span class="cls0">1. Has successfully completed the athletic training curriculum requirements of an accredited college or university approved by the Board and provide proof of graduation;&nbsp;</span></p> <p><span class="cls0">2. Be licensed or certified in physical therapy and has spent at least eight hundred (800) hours working under the direct supervision of a licensed athletic trainer; or&nbsp;</span></p> <p><span class="cls0">3. Holds a fouryear degree from an accredited college or university and has completed at least two (2) consecutive years of supervision, military duty excepted, as an apprentice athletic trainer under the direct supervision of a licensed athletic trainer. B. An applicant for an athletic trainer license shall submit an application to the Board and submit the required examination fee. The applicant is entitled to an athletic trainer license if he is qualified as provided in subsection A of this section, satisfactorily completes the examination administered by the Board, pays the applicable license fee, and has not committed an act which constitutes grounds for denial of a license under Section 8 of this act.&nbsp;</span></p> <p><span class="cls0">C. An applicant for an apprentice athletic trainer license must submit an application to the Board accompanied by a written commitment to supervise signed by the licensed athletic trainer who will be supervising the applicant. The Board may require the taking of an apprentice athletic trainer license examination, which would be administered without cost to the applicant. Fees for such examination may be established by the Board.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 150, &sect; 6, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;59531. Expiration of license Renewal License fees.&nbsp;</span></p> <p><span class="cls0">A. A license issued pursuant to this act expires one (1) year from the date of issuance. Licenses shall be renewed according to procedures established by the Board and upon payment of the renewal fee.&nbsp;</span></p> <p><span class="cls0">B. License fees shall be established by the Board:&nbsp;</span></p> <p><span class="cls0">1. An athletic trainer examination fee of Twenty Dollars ($20.00) for each examination taken;&nbsp;</span></p> <p><span class="cls0">2. An athletic trainer license fee of Twentyfive Dollars ($25.00);&nbsp;</span></p> <p><span class="cls0">3. An athletic trainer annual license renewal fee of Ten Dollars ($10.00); and&nbsp;</span></p> <p><span class="cls0">4. An apprentice athletic trainer license fee of Five Dollars ($5.00).&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 150, &sect; 7, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;59532. Denial, suspension or revocation of license.&nbsp;</span></p> <p><span class="cls0">A. The Board may refuse to issue a license to an applicant or may suspend or revoke the license of any licensee if he has:&nbsp;</span></p> <p><span class="cls0">1. Been convicted of a felony or a misdemeanor involving moral turpitude;&nbsp;</span></p> <p><span class="cls0">2. Secured the license by fraud or deceit; or&nbsp;</span></p> <p><span class="cls0">3. Violated or conspired to violate the provisions of this act or rules and regulations issued pursuant to this act.&nbsp;</span></p> <p><span class="cls0">B. Procedures for denial, suspension or revocation of a license shall be governed by the Administrative Procedures Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 150, &sect; 8, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;59533. Violation of act Penalty.&nbsp;</span></p> <p><span class="cls0">Violation of any provision of this act shall be a misdemeanor and conviction shall be punishable by a fine of not less than Twentyfive Dollars ($25.00) nor more than Two Hundred Dollars ($200.00).&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 150, &sect; 9, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;59-534. Persons actively engaged as athletic trainers exempted from qualifications - Misrepresentations - Voluntary prevention, emergency care or first aid services.&nbsp;</span></p> <p><span class="cls0">A. Any person actively engaged as an athletic trainer in this state on the effective date of this act shall, within six (6) months of that date, be issued a license if proof is submitted of five (5) years' experience as an athletic trainer within the preceding tenyear period, and the license fee required by the Oklahoma Athletic Trainers Act is paid. Nothing herein shall be construed to require any educational institution or other bona fide athletic organization to use the services of a licensed athletic trainer.&nbsp;</span></p> <p><span class="cls0">B. Athletic trainers shall not misrepresent in any manner, either directly or indirectly, their skills, training, professional credentials, identity or services.&nbsp;</span></p> <p><span class="cls0">C. Any person, as authorized in accordance with Section 5 of Title 76 of the Oklahoma Statutes, may offer prevention, emergency care or first aid services on a voluntary, uncompensated basis, to any amateur or group at an amateur athletic event.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 150, &sect; 10, operative July 1, 1981. Amended by Laws 1996, c. 201, &sect; 2, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59535. Practice of medicine unauthorized Exemptions from act.&nbsp;</span></p> <p><span class="cls0">A. Nothing herein shall be construed to authorize the practice of medicine by any person. The provisions of this act do not apply to physicians licensed as such by the State Board of Medical Licensure and Supervision; to dentists, duly qualified and registered under the laws of this state who confine their practice strictly to dentistry as defined by this title; nor to licensed optometrists who confine their practice strictly to optometry as defined by law; nor to licensed chiropractic physicians who confine their practice strictly to chiropractic as defined by law; nor to licensed osteopathic physicians or osteopathic physicians and surgeons who confine their practice strictly to osteopathy as defined by law; nor to occupational therapists who confine their practice to occupational therapy as defined by this title; nor to nurses who practice nursing only as defined by this title; nor to duly licensed podiatric physicians who confine their practice strictly to podiatric medicine as defined by law; nor to physical therapists who confine their practice to physical therapy as defined by this title; nor to masseurs or masseuses in their particular sphere of labor; nor to commissioned or contract physicians or physical therapists or physical therapists' assistants in the United States Army, Navy, Air Force, Public Health and Marine Health Services.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this act shall not apply to persons coming into this state for a specific athletic event or series of athletic events with an individual or group not based in this state.&nbsp;</span></p> <p><span class="cls0">Laws 1981, c. 150, &sect; 11, operative July 1, 1981; Laws 1987, c. 118, &sect; 39, operative July 1, 1987; Laws 1995, c. 207, &sect; 3, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59536.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 11 of this act shall be known and may be cited as the "Registered Electrologist Act".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 1, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;59536.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Registered Electrologist Act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Medical Licensure and Supervision;&nbsp;</span></p> <p><span class="cls0">2. "Committee" means the Advisory Committee of Registered Electrologists;&nbsp;</span></p> <p><span class="cls0">3. "Electrolysis" means the practice of using an electrosurgical apparatus to accomplish permanent hair removal by inserting electric current into the hair follicle thereby destroying living tissue and germinative hair cells; and&nbsp;</span></p> <p><span class="cls0">4. "Registered Electrologist" means a person licensed to practice electrolysis pursuant to the Registered Electrologist Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 2, operative July 1, 1985. Amended by Laws 1987, c. 118, &sect; 40, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;59536.3. Transfer of funds, records, etc.&nbsp;</span></p> <p><span class="cls0">On or before August 1, 1985, all monies, funds, records, equipment, furniture and fixtures, files and supplies now subject to the jurisdiction and control of the State Board of Electrology are hereby transferred to the State Board of Medical Licensure and Supervision. Any other outstanding obligation or function remaining to be performed by the State Board of Electrology shall be performed by the State Board of Medical Licensure and Supervision.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 3, operative July 1, 1985. Amended by Laws 1987, c. 118, &sect; 41, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;59536.4. Board Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Board, acting upon the advice of the Committee, shall issue all licenses required by the Registered Electrologist Act, and shall exercise the following powers and duties:&nbsp;</span></p> <p><span class="cls0">1. To make rules and regulations deemed necessary to implement the provisions of the Registered Electrologist Act;&nbsp;</span></p> <p><span class="cls0">2. To prescribe application forms for license applicants, license certificate forms and such other forms as necessary to implement the provisions of the Registered Electrologist Act;&nbsp;</span></p> <p><span class="cls0">3. To establish a curriculum of study for licensure in the practice of electrolysis in this state;&nbsp;</span></p> <p><span class="cls0">4. To prepare and conduct an examination for applicants for licensure pursuant to the Registered Electrologist Act;&nbsp;</span></p> <p><span class="cls0">5. To keep a complete record of all licensed electrologists and to prepare an official listing of the names and addresses of all licensed electrologists which shall be kept current. A copy of such listing shall be available to any person requesting it upon payment of a copying fee established by the Board;&nbsp;</span></p> <p><span class="cls0">6. To keep a permanent record of all proceedings pursuant to the Registered Electrologist Act;&nbsp;</span></p> <p><span class="cls0">7. To employ and establish the duties of clerical personnel necessary to carry out the provisions of the Registered Electrologist Act;&nbsp;</span></p> <p><span class="cls0">8. To conduct hearings to deny, revoke, suspend or refuse renewal of licenses under the Registered Electrologist Act, and to issue subpoenas to compel witnesses to testify or produce evidence at such hearings in accordance with the Administrative Procedures Act; and&nbsp;</span></p> <p><span class="cls0">9. To set the fees imposed by the provisions of the Registered Electrologist Act in amounts that are adequate to collect sufficient revenue to meet the expenses necessary to perform their duties without accumulating an unnecessary surplus.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 4, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;59-536.5. Advisory Committee of Registered Electrologists.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Advisory Committee of Registered Electrologists. The Committee shall consist of three (3) members appointed by the Board. The Board may appoint the Committee members from a list of six (6) persons submitted annually by the Oklahoma State Electrologists' Association. Said persons shall have been licensed electrologists for more than three (3) years, and at the time, residents of this state and actively engaged in the practice of electrolysis as herein defined. No person shall be appointed to the Committee who has been convicted of any felony or any crime involving moral turpitude.&nbsp;</span></p> <p><span class="cls0">B. The terms of the members shall be for three (3) years and until their successors are appointed and qualify. Provided however, of those first appointed, one shall serve for one (1) year, one shall serve for two (2) years, and one shall serve for three (3) years. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The Board, after notice and opportunity for hearing, may remove any member of the Committee for neglect of duty, incompetence, revocation or suspension of his electrolysis license, or other dishonorable conduct.&nbsp;</span></p> <p><span class="cls0">C. No member of the Committee shall be a stockholder in or a member of the faculty or board of trustees of any school teaching electrolysis or engaged in the training of electrologists.&nbsp;</span></p> <p><span class="cls0">D. Members of the Committee shall elect from their number a chairperson. Special meetings of the Committee shall be called by the chairperson on the written request of any three (3) members. The Committee may recommend to the Board the adoption of rules necessary to govern its proceedings and implement the purposes of the Registered Electrologist Act.&nbsp;</span></p> <p><span class="cls0">E. Each member of the Committee shall be reimbursed for his reasonable and necessary expenses as provided for in the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 151, &sect; 5, operative July 1, 1985.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">59-536.6. Use of titles and abbreviations.&nbsp;</span></p> <p><span class="cls0">A. No person shall practice electrolysis or hold himself out as an electrologist, or use the title "Electrologist", or "Registered Electrologist", or the initials "R.E." or "L.E.", in this state, unless he is licensed in accordance with the provisions of the Registered Electrologist Act. No other person shall in any way, orally or in writing, in print, or by sign or transmission of sound or sight, directly or by implication, represent himself as an electrologist. Such misrepresentation, upon conviction, shall constitute a misdemeanor and shall be punishable as provided in the Registered Electrologist Act.&nbsp;</span></p> <p><span class="cls0">B. Nothing in the Registered Electrologist Act shall prohibit any person in the healing arts in this state under any other act from engaging in the practice for which he is duly licensed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 151, &sect; 6, operative July 1, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;59-536.7. Qualifications for licensure - Evidence - Examination - Nonresidents - Continuing education - Renewal of license.&nbsp;</span></p> <p><span class="cls0">A. On and after July 1, 1985, a licensed electrologist shall consist of all persons who are currently licensed by the State Board of Electrology, and all persons over twenty-one (21) years of age who are of good moral character, and who have satisfactorily passed all examinations before the State Board of Medical Licensure and Supervision, as herein created. On and after July 1, 1985, all applicants for licensure as electrologists shall be required to furnish to the Board the following evidence:&nbsp;</span></p> <p><span class="cls0">1. Have successfully completed a curriculum of study established by the Board; and&nbsp;</span></p> <p><span class="cls0">2. Have completed an internship or preplanned professional experience program approved by the Board.&nbsp;</span></p> <p><span class="cls0">B. To qualify for a license, an applicant shall pass an examination prepared by the Board. The examination, as authorized by the Registered Electrologist Act, shall be in the English language. The examination shall include the subjects required in subsection A of this section as well as dermatology, hygiene, sterilization, electricity and electrolysis (theory and practice).&nbsp;</span></p> <p><span class="cls0">C. If based on rules and criteria established by the Board, the examinee successfully passes the examination, the examinee shall be entitled to receive from the Board a license to practice electrolysis for the remainder of that calendar year. Each license shall be signed by the chairperson of the Committee or designee and the secretary-treasurer of the Board and shall bear the seal of the Board.&nbsp;</span></p> <p><span class="cls0">D. The Board may issue a license to an applicant from another state who has met the requirements established by the Registered Electrologist Act. The applicant to be licensed in this state shall provide proof of licensure in good standing in another state at the time of making application for licensure in this state.&nbsp;</span></p> <p><span class="cls0">E. The Board may establish continuing education requirements to facilitate the maintenance of current practice skills of all persons licensed pursuant to the Registered Electrologist Act.&nbsp;</span></p> <p><span class="cls0">F. The Board shall meet at least three times per calendar year for the purpose of examining applicants for licensure and training, and transacting other business as may be necessary. The meetings shall be held at the office of the Board.&nbsp;</span></p> <p><span class="cls0">G. Every person licensed pursuant to the Registered Electrologist Act who desires to continue the practice of electrolysis shall annually, on or before the 31st day of December of each year, make application for renewal of the license and shall pay fees established by the Board.&nbsp;</span></p> <p><span class="cls0">H. If any person fails to renew his or her license within thirty (30) days from the date same becomes due, the license of such person shall become inactive and, in order to have such license reinstated, it shall be necessary for such person to apply to the Board as provided in the Registered Electrologist Act and to meet the requirements established by the Board for reinstatement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 151, &sect; 7, operative July 1, 1985. Amended by Laws 1987, c. 118, &sect; 42, operative July 1, 1987; Laws 2002, c. 166, &sect; 1, emerg. eff. May 6, 2002; Laws 2013, c. 280, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59536.8. Registration of license Display Surrender.&nbsp;</span></p> <p><span class="cls0">A. Every person who is licensed pursuant to the provisions of the Registered Electrologist Act and who is licensed to practice electrolysis in this state shall register the license with the county clerk of the county in which said person has legal residence. The county clerk to whom such license is presented shall register the name and address of the person designated in the license, together with the date and the number inscribed thereon, which record shall be open to the public, and shall file with the Board annually, during the month of February, a notice of the record so made.&nbsp;</span></p> <p><span class="cls0">B. Every person who is licensed pursuant to the provisions of the Registered Electrologist Act to practice electrolysis in this state shall keep said license displayed in his place of business as long as he is engaged in the practice of electrolysis. The receipt for the annual renewal of license shall be kept at such person's place of business and shall be shown to any person requesting to see the same. The licensee shall keep the Board informed of his current address. A license issued by the Board is the property of the Board and shall be surrendered on demand of the Board.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 8, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;59536.9. Suspension or revocation of license.&nbsp;</span></p> <p><span class="cls0">A. The Board may suspend or revoke the license of any person authorized to practice electrolysis pursuant to the provisions of the Registered Electrologist Act upon proof that the licensee:&nbsp;</span></p> <p><span class="cls0">1. Has used fraud or deception in applying for a license or in passing the examination provided for in the Registered Electrologist Act;&nbsp;</span></p> <p><span class="cls0">2. Has been guilty of unprofessional conduct defined by the rules established by the Board or has violated the Code of Ethics adopted by the Board;&nbsp;</span></p> <p><span class="cls0">3. Has been guilty of fraud or deceit in connection with services rendered as an electrologist;&nbsp;</span></p> <p><span class="cls0">4. Has been grossly negligent in the practice of his profession; or&nbsp;</span></p> <p><span class="cls0">5. Has willfully violated any of the provisions of the Registered Electrologist Act or any regulation adopted hereunder.&nbsp;</span></p> <p><span class="cls0">B. No suspension or revocation shall be made until such person appears before the Board for a hearing. Proceedings for the suspension or revocation of a license are governed by rules and regulations of the Board and by the Administrative Procedures Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 9, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;59536.10. Personnel and facilities.&nbsp;</span></p> <p><span class="cls0">A. The basic personnel and necessary facilities which are required to administer the Registered Electrologist Act shall be the personnel and facilities of the Board. The Board personnel shall act as agents of the Committee. If necessary for the administration or implementation of the Registered Electrologist Act, the Board may secure and provide for compensation for services that the Board considers necessary and may employ and compensate within available resources professional consultants, technical assistants, and employees on a fulltime or parttime basis.&nbsp;</span></p> <p><span class="cls0">B. The Board shall maintain the records of all licensed electrologists, process all applications for licensure for review by the Committee, and investigate all complaints deemed to be appropriate allegations of violations of the Registered Electrologist Act.&nbsp;</span></p> <p><span class="cls0">C. The Board shall employ such staff, equipment, and supplies as are necessary to carry out administrative and investigative functions required to maintain and support the objectives of the Committee in exercising its duties as prescribed by the Registered Electrologist Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 10, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;59536.11. Violation of act Penalties.&nbsp;</span></p> <p><span class="cls0">On and after July 1, 1985, any person who practices electrolysis in violation of the provisions of the Registered Electrologist Act, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and costs. Each day of such violation shall constitute a separate offense.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 151, &sect; 11, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;59-540. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Therapeutic Recreation Practice Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 384, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-540.1. Purpose of act.&nbsp;</span></p> <p><span class="cls0">In order to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent and un-authorized persons, to assure the highest degree of professional conduct on the part of therapeutic recreation specialists and to assure the availability of therapeutic recreation services of high quality to persons in need of such services, it is the purpose of this act to provide for the regulation of persons offering therapeutic recreation service to the public.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 384, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-540.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Therapeutic Recreation Practice Act:&nbsp;</span></p> <p><span class="cls0">1. "Therapeutic recreation specialist" means a person licensed to practice therapeutic recreation in the State of Oklahoma;&nbsp;</span></p> <p class="cls2"><span class="cls0">2. a.&nbsp;&nbsp;"Therapeutic recreation" or "recreation therapy" means the specialized application of recreation to assist with the treatment and/or maintenance of the health status, functional abilities, recreational and leisure activities and ultimately quality of life for individuals hospitalized and/or receiving treatment for various diagnoses and individuals with disabilities. For purposes of accomplishing therapeutic recreation goals, therapeutic recreation may include:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;remediating or restoring an individual&rsquo;s participation levels in recreational and leisure activities that are limited due to impairment in physical, cognitive, social or emotional abilities,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;analyzing and evaluating recreational activities to determine the physical, social, and programmatic elements necessary for involvement and modifying those elements to promote full participation and maximization of functional independence in recreational and leisure activities, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;using recreational modalities in designed intervention strategies to maximize physical, cognitive, social, or emotional abilities to promote participation in recreational and leisure activities.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;For purposes of accomplishing therapeutic recreation goals, therapeutic recreation services include, but are not limited to:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action and subsequent individualized treatment plan,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;planning and developing the individualized therapeutic recreation treatment plan that identifies an individual&rsquo;s goals, objectives, and potential treatment intervention strategies for recreational and leisure activities,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;implementing the individualized therapeutic recreation treatment plan that is consistent with the overall treatment program,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;systematically evaluating and comparing the individual&rsquo;s response to the individualized therapeutic recreation treatment plan and suggesting modifications as appropriate,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;developing a discharge plan in collaboration with the individual, the individual&rsquo;s family, treatment team, and other identified support networks where appropriate,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;identifying and training in the use of adaptive recreational equipment,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;identifying, providing, and educating individuals to use recreational and leisure resources that support a healthy, active and engaged life,&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;minimizing the impact of environmental constraints as a barrier to participation in recreational and leisure activities,&nbsp;</span></p> <p class="cls3"><span class="cls0">(9)&nbsp;&nbsp;collaborating with and educating the individual, family, caregiver, and others to foster an environment that is responsive to the recreational and leisure needs of the individual, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(10)&nbsp;&nbsp;consulting with groups, programs, organizations, or communities to improve physical, social, and programmatic accessibility in recreational and leisure activities;&nbsp;</span></p> <p><span class="cls0">3. "Board" means the State Board of Medical Licensure and Supervision; and&nbsp;</span></p> <p><span class="cls0">4. "Committee" means the Therapeutic Recreation Committee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 384, &sect; 3, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-540.3. License required.&nbsp;</span></p> <p><span class="cls0">A. No person shall practice or hold himself or herself out as being able to practice therapeutic recreation or provide therapeutic recreation services in this state unless the person is licensed in accordance with the provisions of the Therapeutic Recreation Practice Act.&nbsp;</span></p> <p><span class="cls0">B. Nothing in this act shall be construed to prevent or restrict the practice, services, or activities of:&nbsp;</span></p> <p><span class="cls0">1. Any person of other licensed professions or personnel supervised by licensed professions in this state from performing work incidental to the practice of his or her profession or occupation, if that person does not represent himself or herself as a therapeutic recreation specialist;&nbsp;</span></p> <p><span class="cls0">2. Any person enrolled in a course of study leading to a degree or certificate in therapeutic recreation from performing therapeutic recreation services incidental to the person's course work when supervised by a licensed professional, if the person is designated by a title which clearly indicates his or her status as a student;&nbsp;</span></p> <p><span class="cls0">3. Any person whose training and national certification attests to the individual&rsquo;s preparation and ability to practice his or her profession, if that person does not represent himself or herself as a therapeutic recreation specialist;&nbsp;</span></p> <p><span class="cls0">4. Any therapeutic recreation assistant providing therapeutic recreation services under the direct supervision of a licensed therapeutic recreation specialist. Such an individual would not be permitted to conduct assessments and/or develop treatment plans;&nbsp;</span></p> <p><span class="cls0">5. Any individual providing recreational programs to a person with disabilities as a normal part of the leisure lifestyle of the person with disabilities;&nbsp;</span></p> <p><span class="cls0">6. Any person employed by an agency, bureau or division of the federal government while in the discharge of official duties; provided, however, if such individual engages in the practice of therapeutic recreation outside the line of official duty, the individual must be licensed as herein provided;&nbsp;</span></p> <p><span class="cls0">7. Any occupational therapist or occupational therapy assistants in the area of play and leisure; and&nbsp;</span></p> <p><span class="cls0">8. Any individual providing services in a state facility or to children in state custody.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 384, &sect; 4, eff. Nov. 1, 2010. Amended by Laws 2010, c. 397, &sect; 3, emerg. eff. June 8, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-540.4. Therapeutic Recreation Committee - Membership - Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Therapeutic Recreation Committee to assist the State Board of Medical Licensure and Supervision in conducting examinations for applicants and to advise the Board on all matters pertaining to the licensure, education, and continuing education of therapeutic recreation specialists and the practice of therapeutic recreation or recreation therapy.&nbsp;</span></p> <p><span class="cls0">B. 1. The Therapeutic Recreation Committee shall consist of five (5) members who shall be appointed by the State Board of Medical Licensure and Supervision as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;three members shall, upon initial appointment, be qualified persons who have been actively practicing therapeutic recreation in this state for at least three (3) years, provided, their successors shall be licensed therapeutic recreation specialists, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;two members shall be lay persons.&nbsp;</span></p> <p><span class="cls0">2. The professional members of the Committee shall be appointed for staggered terms of one (1), two (2) and three (3) years, respectively. Terms of office of each appointed member shall expire July 1 of that year in which they expire regardless of the calendar date when such appointments were made. Subsequent appointments shall be made for a term of three (3) years or until successors are appointed and qualified.&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;The lay members shall be appointed for staggered terms of office which will expire July 1, 2010, and July 1, 2011. Thereafter, members appointed to these positions shall serve for terms of three (3) years or until successors are appointed and qualified.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Vacancies shall be filled by the Board in the same manner as the original appointment.&nbsp;</span></p> <p><span class="cls0">3. Members of the Committee shall be reimbursed for all actual and necessary expenses incurred in the performance of duties required by the Therapeutic Recreation Practice Act in accordance with the provisions of the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">4. The Committee shall meet at least quarterly. At the initial meeting of the Committee, members shall elect a chair. The chair shall represent the Committee at all meetings of the Board. Three members of the Committee shall constitute a quorum for the purpose of conducting official business of the Committee.&nbsp;</span></p> <p><span class="cls0">C. The Committee shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Advise the Board on all matters pertaining to the licensure, education, and continuing education requirements for and practice of therapeutic recreation or recreation therapy in this state; and&nbsp;</span></p> <p><span class="cls0">2. Assist and advise the Board in all hearings involving therapeutic recreation specialists who are deemed to be in violation of the Therapeutic Recreation Practice Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 384, &sect; 5, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;59-540.5. State Board of Medical Licensure and Supervision - Powers and duties.&nbsp;</span></p> <p><span class="cls0">The State Board of Medical Licensure and Supervision shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Promulgate the rules and regulations necessary for the performance of its duties pursuant to the provisions of the Therapeutic Recreation Practice Act, including the requirements for licensure, standards for training, standards for institutions for training and standards of practice after licensure, including power of revocation of a license;&nbsp;</span></p> <p><span class="cls0">2. Determine, as recommended by the Therapeutic Recreation Committee, the qualifications of applicants for licensure and determine which applicants successfully passed such examinations;&nbsp;</span></p> <p><span class="cls0">3. Determine necessary fees to carry out the provisions of the Therapeutic Recreation Practice Act;&nbsp;</span></p> <p><span class="cls0">4. Make