A. Complaints against any person for alleged violations of the Funeral Services Licensing Act or of any of the rules issued pursuant thereto shall be in writing, signed by the complainant and filed with the executive director of the Oklahoma Funeral Board. In addition to the general public, any member or employee of the Board, or the executive director of the Oklahoma Funeral Board, may sign a complaint for any violation of which the executive director has knowledge. All complaints shall name the person complained of, and shall state the time and place of the alleged violations and the facts of which the complainant has knowledge. Upon receiving a complaint, the Board shall examine the complaint, and determine whether there is a reasonable cause to believe the charges to be true.
B. If upon inspection, investigation or complaint, or whenever the Board determines that there are reasonable grounds to believe that a violation of the Funeral Services Licensing Act or of any rule promulgated pursuant thereto has occurred, the Board shall give written notice to the alleged violator specifying the cause of complaint. The notice shall require that the matters complained of be corrected immediately or that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges. The notice shall be delivered to the alleged violator in accordance with the provisions of subsection E of this section.
C. The Board shall afford the alleged violator an opportunity for a fair hearing in accordance with the provisions of subsection F of this section not less than fifteen (15) days after receipt of the notice provided for in subsection B of this section. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of the order to the alleged violator and to any other persons who appeared at the hearing and made written request for notice of the order. If the hearing is held before a hearing officer as provided for in subsection F of this section, the hearing officer shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board which shall thereupon enter its order. The Board may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented. The order of the Board shall become final and binding on all parties unless appealed to the district court pursuant to Article II of the Administrative Procedures Act, within thirty (30) days after notice has been sent to the parties.
D. Whenever the Board finds that as a result of a violation of the Funeral Services Licensing Act or any rule promulgated thereto an emergency exists requiring immediate action to protect the public health or welfare, the Board may without notice or hearing issue an order stating the existence of an emergency and requiring that action be taken as it deems necessary to meet the emergency. The order shall be effective immediately. Any person to whom an order is directed shall comply with the order immediately but on application to the Board shall be afforded a hearing within ten (10) days of receipt of the notice. On the basis of a hearing, the Board shall continue the order in effect, revoke it or modify it. Any person aggrieved by an order continued after the hearing provided for in this subsection may appeal to the district court of the county in which the person resides, or in which the business of the person is located, within thirty (30) days of the Board's action. The appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.
E. Except as otherwise expressly provided by law, any notice, order or other instrument issued by or pursuant to authority of the Board may be served on any person affected thereby personally, by publication or by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at his last-known post office address as shown by the files or records of the Board. Proof of service shall be made as in the case of service of a summons or by publication in a civil action or may be made by the affidavit of the person who did the mailing. Proof of service shall be filed in the office of the Board.
Every certificate or affidavit of service made and filed as provided for in this subsection shall be prima facie evidence of the facts therein stated. A certified copy thereof shall have like force and effect.
F. The hearings authorized by this section may be conducted by the Board. The Board may designate hearing officers who shall have the power and authority to conduct hearings in the name of the Board at any time and place. The hearings shall be conducted in conformity with and records made thereof pursuant to Article II of the Administrative Procedures Act.
G. All records on complaints filed against any licensee pursuant to the Funeral Services Licensing Act shall be exempt from the Oklahoma Open Records Act unless the Board gave written notice of the complaint pursuant to subsection B of this section.
Added by Laws 1989, c. 297, § 14, eff. Nov. 1, 1989. Amended by Laws 2003, c. 57, § 16, emerg. eff. April 10, 2003.
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.