A. The State Board of Pharmacy may reprimand, place on probation, suspend, revoke permanently and levy fines not to exceed Three Thousand Dollars ($3,000.00) per count and take other disciplinary action against any person who:
1. Violates any provision of the Oklahoma Pharmacy Act or any other applicable state or federal law;
2. Violates any of the provisions of the Uniform Controlled Dangerous Substances Act;
3. Has been convicted of a felony or has pleaded guilty or no contest to a felony;
4. Engages in the practice of pharmacy while incapacitated or abuses intoxicating liquors or other chemical substances;
5. Conducts himself or herself in a manner likely to lower public esteem for the profession of pharmacy;
6. Has been disciplined by another State Board of Pharmacy or by another state or federal entity;
7. Has been legally adjudged to be not mentally competent; or
8. Exercises conduct and habits inconsistent with the rules of professional conduct established by the Board.
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.
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.
C. 1. The Board shall mail by certified mail to respondent at the last address provided by respondent to the Board, postmarked 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, at least ten (10) days before the hearing, 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. Such service shall be effective upon the personal service or mailing of the complaint and notice, and shall constitute good service. 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.
2. 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.
3. The Board's order shall constitute a judgment and may be entered on the judgment docket of the district court in a county in which the respondent has property and may be executed thereon in the same manner as any other judgment of a court of record, unless the fine is paid within thirty (30) days after the appeal time has run.
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.
Added by Laws 1961, p. 452, § 26, emerg. eff. May 22, 1961. Amended by Laws 1976, c. 83, § 5, emerg. eff. May 3, 1976; Laws 1981, c. 75, § 4, emerg. eff. April 16, 1981; Laws 1982, c. 172, § 5, emerg. eff. April 16, 1982; Laws 1993, c. 199, § 19, emerg. eff. May 24, 1993; Laws 2002, c. 408, § 4, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 22, emerg. eff. June 9, 2004; Laws 2009, c. 321, § 20, eff. Nov. 1, 2009; Laws 2015, c. 230, § 17, eff. Nov. 1, 2015; Laws 2016, c. 285, § 6, eff. Nov. 1, 2016; Laws 2018, c. 106, § 7, eff. Nov. 1, 2018.
Structure Oklahoma Statutes
Title 59. Professions and Occupations
§59-15.1. Short title - Declaration of policy.
§59-15.1A. See the following versions:
§59-15.2. Oklahoma Accountancy Board - Membership - Qualifications - Terms.
§59-15.3. Vacancies - Disqualification - Removal.
§59-15.4. Officers - Meetings - Duties.
§59-15.6A. Confidentiality of investigations - Use as evidence – Disclosure of information.
§59-15.7. Disbursement of fees and monies.
§59-15.8. Application to take examination - Format - Fees - Qualifications.
§59-15.9. Issuance of certificate.
§59-15.10A. Fees – Application and test.
§59-15.11. Use of titles or abbreviations.
§59-15.12. Employees and assistants without certification or permit.
§59-15.14. Registration - Expiration and renewal - Fee.
§59-15.14B. Acts subject to penalty.
§59-15.15B. Designated manager - Succession of business.
§59-15.15C. Services provided by unregistered firm.
§59-15.16. Revocation or suspension of registration and permits of firm.
§59-15.24. Penalties - Reinstatement or termination of suspension.
§59-15.25. Misrepresentation or fraud - Violations of act - Penalty.
§59-15.26. False reports or statements - Penalty.
§59-15.27. Cease and desist order – Fine - Injunction.
§59-15.28. Prima facie evidence.
§59-15.29A. Unlawful use of titles or abbreviations - Injunction, restraining order, or other order.
§59-15.29B. Enforcement actions - Evidence of single act sufficient.
§59-15.35. Continuing professional education.
§59-15.36. Persons who may perform assurance services and audits or issue reports.
§59-46.1. Short title - State Architectural and Registered Commercial Interior Designers Act.
§59-46.6. Meetings - Officers - Salary - Quorum.
§59-46.7. Powers and duties of Board.
§59-46.8a. Unlawful practice or use of title - License—Reciprocity.
§59-46.10. Dues - Cancellation of license or registration for nonpayment.
§59-46.11. Renewal of license or certificate - Display.
§59-46.12. Reinstatement of license, registration or certificate.
§59-46.15. Appeals from Board - Jurisdiction of District Court of Oklahoma County.
§59-46.17. Criminal penalties.
§59-46.19. Board of Architects' Fund.
§59-46.21b. Architects required for certain buildings - Code Use Groups - Exempted buildings.
§59-46.26. Acceptance of compensation from other than client - Unlawful.
§59-46.29. Landscape architecture license required.
§59-46.30. Licensing of landscape architects - Temporary licenses - Certificate of qualification.
§59-46.32. Practice of landscape architecture - Not transferable.
§59-46.33. Restoration of license - Application.
§59-46.34. Seal of landscape architect.
§59-46.35. Unlawful compensation.
§59-46.38. Registration of commercial interior designers - Certificate of title.
§59-46.39. Alternative requirements for commercial interior designer registration.
§59-46.41. Unlawful use of commercial interior designer title.
§59-46.42. Registered commercial interior designer seal.
§59-46.43. Unlawful to receive compensation except from client.
§59-46.44. Unlawful to bid or hold financial interest in entities competitively bidding.
§59-46.45. Personal privilege – Registration nontransferable.
§59-46.46. Application for reissuance of registration.
§59-46.47. No authority to engage in practice of architecture or landscape architecture.
§59-61.5. Practice of barbering defined.
§59-61.6. Board of Barber Examiners - Licenses.
§59-137. Board of Podiatric Medical Examiners - Membership - Qualifications - Terms - Removal.
§59-140. Employees of Board - Prosecutions - Materials and supplies - Bonds - Seal.
§59-142. Acts constituting practice of podiatric medicine - Exceptions.
§59-143. Unlawful practices - Penalty.
§59-144.1. Training license - Eligibility - Restrictions.
§59-145. Renewal of licenses - Fees - Suspension on nonpayment - Reinstatement - Records.
§59-145.1. Continuing education requirement for renewal of license - Exemptions.
§59-147. Penalties - Guidelines.
§59-148. Violations – Definitions.
§59-154. Board of Podiatric Medical Examiners' Revolving Fund.
§59-155. Investigations and hearings.
§59-158. Restraining orders and injunctions.
§59-159.1. Rules and regulations concerning casts for individual shoes.
§59-159.4. Inapplicability to manufacture or sale to persons generally.
§59-160.1. Interpretation of "podiatry" and "podiatric medicine".
§59-161.2. Scope of practice of chiropractic.
§59-161.4. Board of Chiropractic Examiners.
§59-161.5. Meetings of Board – Duties of officers - Bonding and liability.
§59-161.6. Powers of Board - Advisory Committee.
§59-161.7. Application for original license by examination – Definitions.
§59-161.8. Subjects covered by examination.
§59-161.9. Application for original license by relocation of practice.
§59-161.10a. Continuing education.
§59-161.11. Annual renewal license - Fee - Suspension and reinstatement - Disciplinary guidelines.
§59-161.12. Penalties - Grounds for imposition.
§59-161.12a. Certificate – Chiropractic claims consultant.
§59-161.13. Suspension of license because of mental illness.
§59-161.14. Practice without license - Penalties – Injunction.
§59-161.15. Doctors of chiropractic governed by public health laws.
§59-161.16. Chiropractic Education Scholarship Program.
§59-161.17. Chiropractic Undergraduate Preceptorship Program.
§59-161.18. Listing in publications.
§59-161.20. Board of Chiropractic Examiners' Revolving Fund.
§59-199. Short title – Oklahoma Cosmetology and Barbering Act.
§59-199.2. State Board of Cosmetology and Barbering.
§59-199.4. Executive director.
§59-199.5. Positions and salaries.
§59-199.6. Rules - Implementation - Unlawful acts - Penalties.
§59-199.7. Cosmetology and barber schools.
§59-199.9. Inspection of facilities – Licensure required.
§59-199.10. Expiration and renewal of licenses
§59-199.11. Grounds for denial of license, certificate or registration – Definitions.
§59-199.13. Reciprocity licenses - Criteria for issuing licenses without examination.
§59-199.15. State Cosmetology and Barbering Fund.
§59-199.18. Services provided in a private residence.
§59-328. Designation of parts.
§59-328.1. Citation - Subsequent enactments.
§59-328.7. Board of Dentistry - Membership - Tenure - Nomination and election districts - Vacancies.
§59-328.10. Officers - Election - Tenure - Meetings - Bond - Liability - Expenses.
§59-328.15A. Board investigators - Powers.
§59-328.15B. Executive Director - Authority.
§59-328.17. Standing committees – Composition - Functions.
§59-328.19. Acts constituting practice of dentistry - Acts not prevented.
§59-328.21. Application for license – Qualifications - Examination.
§59-328.22. Specialty license.
§59-328.23. Emergency temporary licenses for dentistry or dental hygiene.
§59-328.23a. Special volunteer licenses.
§59-328.23b. Retired volunteer licenses.
§59-328.24. Dental assistant permits - Expanded duty permits.
§59-328.25. Oral maxillofacial surgery assistant permits.
§59-328.26. Dental student intern, resident or fellowship permits.
§59-328.27. Faculty licenses and faculty specialty licenses.
§59-328.28a. Applicant criminal background check.
§59-328.31. Professional entities formed for practice of dentistry.
§59-328.31a. Use of trade names – Rules regulating advertisements.
§59-328.31b. Patient record keeping requirements.
§59-328.32. Dentists - Grounds for penalties.
§59-328.36. Permit to operate dental laboratory.
§59-328.36a. Laboratory prescriptions.
§59-328.39. Dental laboratory permit holders or technicians - Grounds for penalties.
§59-328.39a. Dental laboratory permit holders - Grounds for penalties.
§59-328.40a. Registration for mobile dental clinics.
§59-328.41. Renewal certificate - Continuing education requirements – Fee - Automatic cancellation.
§59-328.42. State Dental Fund.
§59-328.43a. Complaints - Review and investigative panels - Panel authority.
§59-328.43b. Patient fatalities - Adverse Outcomes Review and Investigation Panel.
§59-328.44a. Penalties - Judicial review.
§59-328.44b. Surrender of license, permit or certificate.
§59-328.48. Annual statement of receipts and expenditures.
§59-328.49. Unlawful practices - Criminal and civil actions.
§59-328.53. Dentists - Professional malpractice liability insurance.
§59-328.54. Dental practice - Diagnosis via the Internet.
§59-328.55. Death of patient - Notification of Board.
§59-328.56. Unauthorized or forged prescribing of controlled dangerous substances.
§59-328.57. Providing care during a pandemic, disaster or emergency – Administering vaccinations.
§59-328.60. Citation - Subsequent enactments.
§59-328.61. Declaration of public policy.
§59-328.62. Definitions - Mediation committee - Powers.
§59-328.63. Voluntary status - Protections from liability.
§59-328.64. Proceedings of mediation committee privileged - Exceptions.
§59-328.66. Recommendations of mediation committee.
§59-328.67. Appeal to state mediation appeals committee.
§59-328.68. Request for final appeal.
§59-328.69. Review and hearing by the Board of Governors of Registered Dentists.
§59-328.70. Reasonable procedural rules to be followed.
§59-328.73. Election of remedies - Patient's rights.
§59-353. Short title - Purpose - Declaration of pharmacy as profession.
§59-353.1a. Advanced practice nurses - Prescribing authority.
§59-353.1b. Certified registered nurse anesthetist - Prescribing authority.
§59-353.3. Board of Pharmacy - Membership - Qualifications - Terms of office - Appointments.
§59-353.5. State Board of Pharmacy – Elections and terms - Executive Director.
§59-353.7. State Board of Pharmacy - Powers.
§59-353.7a. Licensure fees for certain entities.
§59-353.10. Assistant pharmacists.
§59-353.11. License renewal - Fee
§59-353.11a. Continuing education requirements - Inactive renewal certificates
§59-353.16A. Incapacity of pharmacist - Effect on license.
§59-353.17. Unlawful use of titles relating to pharmacy.
§59-353.17A. Unlawful impersonation of a pharmacist.
§59-353.18A. Pharmacy technicians - Permits.
§59-353.20.1. Recording of prescriptions - Prescription label requirements.
§59-353.25. Violation of act - Penalty - Perjury.
§59-353.29.1. Veterinary prescription drugs.
§59-353.29.2. Prescriptions for ocular abnormalities.
§59-355.1. Dispensing dangerous drugs - Procedure - Registration - Exemptions.
§59-355.2. Violations of act – Adoption of rules.
§59-355.4. Substituting interchangeable biological products for prescribed biological products.
§59-356. Pharmacy Audit Integrity Act.
§59-356.1. Definitions – Purpose - Application.
§59-356.3. Appeals process - Dismissal - Fraud or willful misrepresentation - Application of act.
§59-356.4. Extrapolation audit prohibited.
§59-356.5. Retrospective application – Audits not covered by act.
§59-358. Pharmacy benefits management licensure – Procedures – Penalties for noncompliance.
§59-360. Pharmacy benefits manager – Contractual duties to provider.
§59-367.3. Program for utilization of unused prescription drugs.
§59-367.4. Criteria for accepting unused prescription drugs.
§59-367.7. Promulgation of rules – Donation of unused prescription drugs.
§59-367.8. Maintenance of drugs in emergency kits by pharmacies.
§59-368. Access to prescription drugs for low income Oklahomans.
§59-369. Emergency contraceptive prescription.
§59-374. Medication services procedures.
§59-375.1. Short title - Oklahoma Durable Medical Equipment Licensing Act.
§59-375.3. Supplier license – Inspections – Promulgation of rules.
§59-375.5. Application of act.
§59-396. Oklahoma Funeral Board - Appointment - Term - Qualifications.
§59-396.1A. Removal of Board members.
§59-396.1B. Expenses of Board members - Executive director - Other personnel.
§59-396.1C. Executive director of Board - Powers and duties – Collection and disposition of funds.
§59-396.2a. Board - Additional powers and duties.
§59-396.3a. Persons and businesses required to be licensed.
§59-396.5. Expiration of license - Renewal.
§59-396.5b. Continuing education courses.
§59-396.6. License required - Employment of licensed embalmer – Display of license or certificate.
§59-396.8. Reciprocity – Definitions.
§59-396.10. Application - Rules of Board - Publication of changes in rules.
§59-396.11. Apprenticeship - Application - Certificate - Rules.
§59-396.12c. Refusal to issue or renew, revocation or suspension of license – Grounds – Definitions.
§59-396.12d. Violations - Penalties - Liabilities.
§59-396.12e. Administrative penalty and costs - Surrender of license in lieu of penalty.
§59-396.16. Records of Board - Contents - Public inspection.
§59-396.17. Board - Officers - Rules.
§59-396.19. Act inapplicable when.
§59-396.20. Suspicion of crime - Embalming body without permission unlawful.
§59-396.22. Meetings of Board.
§59-396.23. Schools - Privileges.
§59-396.24. Violations - Penalties.
§59-396.26. Partial invalidity.
§59-396.27. Risk of transmission of communicable disease - Precautions.
§59-396.28. Funeral directors and embalmers from other states – Temporary permit.
§59-396.31. Rules for licensing, inspection, and regulation of crematories.
§59-396.32. Residue of cremated body.
§59-396.33. Cremation without license and permit a felony.
§59-475.1. Registration as engineer or land surveyor - Privilege.
§59-475.3. State Board of Licensure for Professional Engineers and Land Surveyors.
§59-475.4. Qualifications of Board members.
§59-475.6. Removal of Board members - Vacancies.
§59-475.7. Meetings - Officers - Quorum.
§59-475.8. Powers and authority of Board.
§59-475.9. Professional Engineers and Land Surveyors Fund - Expenditures - Audits.
§59-475.12a. Licensure or certification as professional engineer.
§59-475.12b. Licensure or certification as professional land surveyor.
§59-475.12c. Qualifications to use title Professional Structural Engineer.
§59-475.13. Application form - Certified council record in lieu of form - Fees.
§59-475.15. Certificate of licensure - Seal - Intern certificate.
§59-475.16. Terms of certificates – Maintaining certificates.
§59-475.17. Lost or destroyed certificates - Replacement.
§59-475.18. Disciplinary actions - Grounds - Rules of Professional Conduct – Definitions.
§59-475.19. Allegations of violations - Notice and hearing - Appeal.
§59-475.20. Criminal and administrative penalties - Legal counsel.
§59-475.21. Condition for practice of engineering or land surveying by firm.
§59-475.22a. Land surveying documents - Conditions of filing.
§59-478.1. Establishment of physician-patient relationship through telemedicine.
§59-480. Short title - Intent - Definitions.
§59-481. State Board of Medical Licensure and Supervision - Members.
§59-481.1. Statutory references.
§59-482. Tenure - Appointment list - Persons ineligible.
§59-485. Organization - Officers.
§59-488. Meetings of Board - Determining qualifications of applicants.
§59-489. Rules - Fees - Increasing or changing educational requirements.
§59-490. Administration of oaths - Evidence and witnesses.
§59-491. Practicing without a license - Penalties.
§59-493.1. Contents of application - Requirements for licensure.
§59-493.2. Foreign applicants - Requirements for licensure.
§59-493.3. Licensure by endorsement - Temporary and special licensure.
§59-493.5. Special volunteer license.
§59-493.5a. Temporary critical need license.
§59-493.6. Enactment of Interstate Medical Licensure Compact.
§59-493.7. Interstate Medical Licensure Compact.
§59-494.1. Medical licensure examinations.
§59-495. Issuance of licenses.
§59-495a.1. License reregistration.
§59-495c. Reregistration fees - Depository funds - Disposition.
§59-495d. Suspension in absence of reregistration - Reinstatement.
§59-495e. Appeal from rejection of reregistration.
§59-500. Notice of practice location and address - Proof of licensure.
§59-503. Sanctions for unprofessional conduct.
§59-503.1. Emergency suspension of licensure.
§59-503.2. Authority to prescribe administrative remedies for licensee violations.
§59-504. Process - How served - Depositions - Subpoenas.
§59-505. State as party to actions - Board as trial body - Rulings - Record.
§59-506. Decisions of Board - Suspension and reinstatement - Narcotics conviction.
§59-508. Revocation for fraud, misrepresentation or mistake - Misdemeanor.
§59-508.1. Reinstatement on Board's own motion.
§59-508.2. Reinstatement on application of person whose license is suspended or revoked.
§59-509. Unprofessional conduct - Definition.
§59-509.1. Disciplinary actions.
§59-510. Corporations - Firms - Practice of medicine.
§59-511. Deposit of fees and other monies - Payments from fund - Disposition of balance.
§59-512. Salary of secretary - Personnel - Investigators - Travel expenses.
§59-518. Emergency care or treatment - Immunity from civil damages or criminal prosecution.
§59-518.1. Allied Professional Peer Assistance Program – Committees - Records.
§59-519.3. Physician Assistant Committee - Powers and duties.
§59-519.4. Licensure requirements.
§59-519.7. Temporary approval of a license and application to practice.
§59-519.7a. Temporary critical need license.
§59-519.8. License renewal - Fees.
§59-519.9. Preexisting certificates.
§59-519.10. Violations - Penalties.
§59-519.11. Construction of act.
§59-521.1. Primary care provider.
§59-521.2. Billing and payment.
§59-521.3. Emergency or state or local disaster medical care – Liability immunity.
§59-521.4. Physician supervision required – Practice agreement with delegating physician.
§59-524. Abortion - Infant prematurely born alive - Right to medical treatment.
§59-528. Board - Powers and duties.
§59-529. Athletic Trainers Advisory Committee.
§59-530. Qualifications of applicants - Applications - Examination