A. Impairment is defined as the inability of a person to practice veterinary medicine with reasonable skill and safety by reason of:
1. Mental illness; or
2. Habitual use or excessive use or abuse of drugs or chemicals defined in law as controlled substances or habit-forming substances, to include, but not be limited to, alcohol or other substances that impair the ability of the licensee or certificate holder to practice veterinary medicine.
B. Upon probable cause, the State Board of Veterinary Medical Examiners may require a licensee or certificate holder or applicant for license or certificate to submit to any test to determine the use of alcohol or drugs which affects the ability of the licensee or certificate holder to practice veterinary medicine. The Board, by rule, shall establish the nature and criteria for any such test. The results of the test shall be admissible in any hearing before the Board. Failure to submit to the required test by any licensee, certificate holder or applicant when properly directed to do so by the Board shall be grounds for disciplinary action against a licensee or certificate holder and, for any applicant, shall be grounds for denial of license or certificate.
C. Upon findings by the Board, after evaluation and hearing, that the licensee, certificate holder or applicant is impaired, the Board may take one of the following actions or any other action deemed appropriate to the circumstances by the Board:
1. Direct the person to submit to care, counseling or treatment acceptable to the Board;
2. Suspend, limit or restrict the license or certificate to practice for the duration of the impairment; or
3. Revoke or refuse to renew the license or certificate or deny the application.
D. Any person who is prohibited from practicing pursuant to the provisions of this section shall be afforded at reasonable intervals the opportunity to present evidence or material not before seen by the Board to demonstrate to the satisfaction of the Board that such person can resume or begin the practice of veterinary medicine with reasonable skill and safety; provided, that all fees have been paid and all requirements for licensure, certification, reinstatement or other form of authorization to practice have been satisfactorily completed.
E. 1. All licensees, certificate holders or faculty of veterinary medical schools shall report to the Board information about any and all colleagues that shows the colleagues are impaired.
2. The Board may establish rules for the approval of medically directed, nonprofit, voluntary treatment programs for impaired practitioners and to set standards for the treatment of practitioners.
3. The Board may exempt from reporting those who are conducting a Board-approved treatment program; provided that the impaired veterinarian who is participating in the program is doing so satisfactorily. Should the impaired veterinarian leave the program without first achieving a release by the program, the administrator of the program is required to report same to the Board. Participation in an approved treatment program does not protect an impaired veterinarian from Board action resulting from a report from another source of violation of the Oklahoma Veterinary Practice Act, whether related to the impairment or not.
4. Programs for the treatment of impaired professionals approved by this Board shall be reviewed annually or more frequently at the Board's discretion.
Added by Laws 1990, c. 314, § 14, eff. Sept. 1, 1990. Amended by Laws 1999, c. 94, § 17, eff. Nov. 1, 1999.
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.
§59-531. Expiration of license - Renewal - License fees.
§59-532. Denial, suspension or revocation of license – Definitions.
§59-533. Violation of act - Penalty.
§59-535. Practice of medicine unauthorized - Exemptions from act.
§59-536.3. Transfer of funds, records, etc.
§59-536.4. Board - Powers and duties.
§59-536.5. Advisory Committee of Registered Electrologists.
§59-536.8. Registration of license - Display - Surrender.
§59-536.9. Suspension or revocation of license.
§59-536.10. Personnel and facilities.
§59-536.11. Violation of act - Penalties.
§59-540.4. Therapeutic Recreation Committee - Membership - Powers and duties.
§59-540.5. State Board of Medical Licensure and Supervision - Powers and duties.