Okla. Stat. tit. 59, § 59-567.21 — OK Code / Title 59 / Section 59-567.21
Nurse Licensure Compact
Status: in_force

Nurse Licensure Compact

ARTICLE I

Findings and Declaration of Purpose

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a. The party states find that:

1. The health and safety of the public are affected by the

degree of compliance with and the effectiveness of enforcement

activities related to state nurse licensure laws;

2. Violations of nurse licensure and other laws regulating the

practice of nursing may result in injury or harm to the public;

3. The expanded mobility of nurses and the use of advanced

communication technologies as part of our nation's health care

delivery system require greater coordination and cooperation among

states in the areas of nurse licensure and regulation;

4. New practice modalities and technology make compliance with

individual state nurse licensure laws difficult and complex;

5. The current system of duplicative licensure for nurses

practicing in multiple states is cumbersome and redundant for both

nurses and states; and

6. Uniformity of nurse licensure requirements among the states

promotes public safety and public health benefits.

b. The general purposes of this Compact are to:

1. Facilitate the states' responsibility to protect the

public's health and safety;

2. Ensure and encourage the cooperation of party states in the

areas of nurse licensure and regulation;

3. Facilitate the exchange of information among party states in

the areas of nurse regulation, investigation and adverse actions;

4. Promote compliance with the laws governing the practice of

nursing in each jurisdiction;

5. Invest all party states with the authority to hold a nurse

accountable for meeting all state practice laws in the state in

which the patient is located at the time care is rendered through

the mutual recognition of party-state licenses;

6. Decrease redundancies in the consideration and issuance of

nurse licenses; and

7. Provide opportunities for interstate practice by nurses who

meet uniform licensure requirements.

ARTICLE II

Definitions

As used in this Compact:

a. "Adverse action" means any administrative, civil, equitable

or criminal action permitted by a state's laws which is imposed by a

licensing board or other authority against a nurse, including

actions against an individual's license or multistate licensure

privilege such as revocation, suspension, probation, monitoring of

the licensee, limitation on the licensee's practice, or any other

encumbrance on licensure affecting a nurse's authorization to

practice, including issuance of a cease and desist action.

b. "Alternative program" means a nondisciplinary monitoring

program approved by a licensing board.

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c. "Coordinated licensure information system" means an

integrated process for collecting, storing and sharing information

on nurse licensure and enforcement activities related to nurse

licensure laws that is administered by a nonprofit organization

composed of and controlled by licensing boards.

d. "Current significant investigative information" means:

1. Investigative information that a licensing board, after a

preliminary inquiry that includes notification and an opportunity

for the nurse to respond, if required by state law, has reason to

believe is not groundless and, if proved true, would indicate more

than a minor infraction; or

2. Investigative information that indicates that the nurse

represents an immediate threat to public health and safety

regardless of whether the nurse has been notified and had an

opportunity to respond.

e. "Encumbrance" means a revocation or suspension of, or any

limitation on, the full and unrestricted practice of nursing imposed

by a licensing board.

f. "Home state" means the party state which is the nurse's

primary state of residence.

g. "Licensing board" means a party state's regulatory body

responsible for issuing nurse licenses.

h. "Multistate license" means a license to practice as a

registered or a licensed practical/vocational nurse (LPN/VN) issued

by a home-state licensing board that authorizes the licensed nurse

to practice in all party states under a multistate licensure

privilege.

i. "Multistate licensure privilege" means a legal authorization

associated with a multistate license permitting the practice of

nursing as either a registered nurse (RN) or LPN/VN in a remote

state.

j. "Nurse" means RN or LPN/VN, as those terms are defined by

each party state's practice laws.

k. "Party state" means any state that has adopted this Compact.

l. "Remote state" means a party state, other than the home

state.

m. "Single-state license" means a nurse license issued by a

party state that authorizes practice only within the issuing state

and does not include a multistate licensure privilege to practice in

any other party state.

n. "State" means a state, territory or possession of the United

States and the District of Columbia.

o. "State practice laws" means a party state's laws, rules and

regulations that govern the practice of nursing, define the scope of

nursing practice, and create the methods and grounds for imposing

discipline. State practice laws do not include requirements

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necessary to obtain and retain a license, except for qualifications

or requirements of the home state.

ARTICLE III

General Provisions and Jurisdiction

a. A multistate license to practice registered or licensed

practical/vocational nursing issued by a home state to a resident in

that state will be recognized by each party state as authorizing a

nurse to practice as a registered nurse (RN) or as a licensed

practical/vocational nurse (LPN/VN), under a multistate licensure

privilege, in each party state.

b. A state must implement procedures for considering the

criminal history records of applicants for initial multistate

license or licensure by endorsement. Such procedures shall include

the submission of fingerprints or other biometric-based information

by applicants for the purpose of obtaining an applicant's criminal

history record information from the Federal Bureau of Investigation

and the agency responsible for retaining that state's criminal

records.

c. Each party state shall require the following for an

applicant to obtain or retain a multistate license in the home

state:

1. Meets the home state's qualifications for licensure or

renewal of licensure, as well as all other applicable state laws;

2. i. Has graduated or is eligible to graduate from a

licensing-board-approved RN or LPN/VN prelicensure

education program; or

ii. Has graduated from a foreign RN or LPN/VN prelicensure

education program that (a) has been approved by the

authorized accrediting body in the applicable country

and (b) has been verified by an independent

credentials review agency to be comparable to a

licensing-board-approved prelicensure education

program;

3. Has, if a graduate of a foreign prelicensure education

program, not taught in English or if English is not the individual's

native language, successfully passed an English proficiency

examination that includes the components of reading, speaking,

writing and listening;

4. Has successfully passed an NCLEX-RN© or NCLEX-PN©

Examination or recognized predecessor, as applicable;

5. Is eligible for or holds an active, unencumbered license;

6. Has submitted, in connection with an application for initial

licensure or licensure by endorsement, fingerprints or other

biometric data for the purpose of obtaining criminal history record

information from the Federal Bureau of Investigation and the agency

responsible for retaining that state's criminal records;

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7. Has not been convicted or found guilty, or has entered into

an agreed disposition, of a felony offense under applicable state or

federal criminal law;

8. Has not been convicted or found guilty, or has entered into

an agreed disposition, of a misdemeanor offense related to the

practice of nursing as determined on a case-by-case basis;

9. Is not currently enrolled in an alternative program;

10. Is subject to self-disclosure requirements regarding

current participation in an alternative program; and

11. Has a valid United States Social Security number.

d. All party states shall be authorized, in accordance with

existing state due process law, to take adverse action against a

nurse's multistate licensure privilege such as revocation,

suspension, probation or any other action that affects a nurse's

authorization to practice under a multistate licensure privilege,

including cease and desist actions. If a party state takes such

action, it shall promptly notify the administrator of the

coordinated licensure information system. The administrator of the

coordinated licensure information system shall promptly notify the

home state of any such actions by remote states.

e. A nurse practicing in a party state must comply with the

state practice laws of the state in which the client is located at

the time service is provided. The practice of nursing is not

limited to patient care, but shall include all nursing practice as

defined by the state practice laws of the party state in which the

client is located. The practice of nursing in a party state under a

multistate licensure privilege will subject a nurse to the

jurisdiction of the licensing board, the courts and the laws of the

party state in which the client is located at the time service is

provided.

f. Individuals not residing in a party state shall continue to

be able to apply for a party state's single-state license as

provided under the laws of each party state. However, the single-

state license granted to these individuals will not be recognized as

granting the privilege to practice nursing in any other party state.

Nothing in this Compact shall affect the requirements established by

a party state for the issuance of a single-state license.

g. Any nurse holding a home-state multistate license on the

effective date of this Compact may retain and renew the multistate

license issued by the nurse's then-current home state, provided

that:

1. A nurse, who changes primary state of residence after this

Compact's effective date, must meet all applicable Article III.c.

requirements to obtain a multistate license from a new home state.

2. A nurse who fails to satisfy the multistate licensure

requirements in Article III.c. due to a disqualifying event

occurring after this Compact's effective date shall be ineligible to

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retain or renew a multistate license, and the nurse's multistate

license shall be revoked or deactivated in accordance with

applicable rules adopted by the Interstate Commission of Nurse

Licensure Compact Administrators (Commission).

ARTICLE IV

Applications for Licensure in a Party State

a. Upon application for a multistate license, the licensing

board in the issuing party state shall ascertain, through the

coordinated licensure information system, whether the applicant has

ever held, or is the holder of, a license issued by any other state,

whether there are any encumbrances on any license or multistate

licensure privilege held by the applicant, whether any adverse

action has been taken against any license or multistate licensure

privilege held by the applicant and whether the applicant is

currently participating in an alternative program.

b. A nurse may hold a multistate license, issued by the home

state, in only one party state at a time.

c. If a nurse changes primary state of residence by moving

between two party states, the nurse must apply for licensure in the

new home state, and the multistate license issued by the prior home

state will be deactivated in accordance with applicable rules

adopted by the Commission.

1. The nurse may apply for licensure in advance of a change in

primary state of residence.

2. A multistate license shall not be issued by the new home

state until the nurse provides satisfactory evidence of a change in

primary state of residence to the new home state and satisfies all

applicable requirements to obtain a multistate license from the new

home state.

d. If a nurse changes primary state of residence by moving from

a party state to a nonparty state, the multistate license issued by

the prior home state will convert to a single-state license, valid

only in the former home state.

ARTICLE V

Additional Authorities Invested in Party-state Licensing Boards

a. In addition to the other powers conferred by state law, a

licensing board shall have the authority to:

1. Take adverse action against a nurse's multistate licensure

privilege to practice within that party state.

i. Only the home state shall have the power to take

adverse action against a nurse's license issued by the

home state.

ii. For purposes of taking adverse action, the home-state

licensing board shall give the same priority and

effect to reported conduct received from a remote

state as it would if such conduct had occurred within

the home state. In so doing, the home state shall

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apply its own state laws to determine appropriate

action;

2. Issue cease and desist orders or impose an encumbrance on a

nurse's authority to practice within that party state;

3. Complete any pending investigations of a nurse who changes

primary state of residence during the course of such investigations.

The licensing board shall also have the authority to take

appropriate action(s) and shall promptly report the conclusions of

such investigations to the administrator of the coordinated

licensure information system. The administrator of the coordinated

licensure information system shall promptly notify the new home

state of any such actions;

4. Issue subpoenas for both hearings and investigations that

require the attendance and testimony of witnesses, as well as the

production of evidence. Subpoenas issued by a licensing board in a

party state for the attendance and testimony of witnesses or the

production of evidence from another party state shall be enforced in

the latter state by any court of competent jurisdiction, according

to the practice and procedure of that court applicable to subpoenas

issued in proceedings pending before it. The issuing authority

shall pay any witness fees, travel expenses, mileage and other fees

required by the service statutes of the state in which the witnesses

or evidence are located;

5. Obtain and submit, for each nurse licensure applicant,

fingerprint or other biometric-based information to the Federal

Bureau of Investigation for criminal background checks, receive the

results of the Federal Bureau of Investigation record search on

criminal background checks and use the results in making licensure

decisions;

6. If otherwise permitted by state law, recover from the

affected nurse the costs of investigations and disposition of cases

resulting from any adverse action taken against that nurse; and

7. Take adverse action based on the factual findings of the

remote state, provided that the licensing board follows its own

procedures for taking such adverse action.

b. If adverse action is taken by the home state against a

nurse's multistate license, the nurse's multistate licensure

privilege to practice in all other party states shall be deactivated

until all encumbrances have been removed from the multistate

license. All home-state disciplinary orders that impose adverse

action against a nurse's multistate license shall include a

statement that the nurse's multistate licensure privilege is

deactivated in all party states during the pendency of the order.

c. Nothing in this Compact shall override a party state's

decision that participation in an alternative program may be used in

lieu of adverse action. The home-state licensing board shall

deactivate the multistate licensure privilege under the multistate

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license of any nurse for the duration of the nurse's participation

in an alternative program.

ARTICLE VI

Coordinated Licensure Information System

and Exchange of Information

a. All party states shall participate in a coordinated

licensure information system of all licensed registered nurses (RNs)

and licensed practical/vocational nurses (LPNs/VNs). This system

will include information on the licensure and disciplinary history

of each nurse, as submitted by party states, to assist in the

coordination of nurse licensure and enforcement efforts.

b. The Commission, in consultation with the administrator of

the coordinated licensure information system, shall formulate

necessary and proper procedures for the identification, collection

and exchange of information under this Compact.

c. All licensing boards shall promptly report to the

coordinated licensure information system any adverse action, any

current significant investigative information, denials of

applications (with the reasons for such denials) and nurse

participation in alternative programs known to the licensing board

regardless of whether such participation is deemed nonpublic or

confidential under state law.

d. Current significant investigative information and

participation in nonpublic or confidential alternative programs

shall be transmitted through the coordinated licensure information

system only to party-state licensing boards.

e. Notwithstanding any other provision of law, all party-state

licensing boards contributing information to the coordinated

licensure information system may designate information that may not

be shared with nonparty states or disclosed to other entities or

individuals without the express permission of the contributing

state.

f. Any personally identifiable information obtained from the

coordinated licensure information system by a party-state licensing

board shall not be shared with nonparty states or disclosed to other

entities or individuals except to the extent permitted by the laws

of the party state contributing the information.

g. Any information contributed to the coordinated licensure

information system that is subsequently required to be expunged by

the laws of the party state contributing that information shall also

be expunged from the coordinated licensure information system.

h. The Compact administrator of each party state shall furnish

a uniform data set to the Compact administrator of each other party

state, which shall include, at a minimum:

1. Identifying information;

2. Licensure data;

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3. Information related to alternative program participation;

and

4. Other information that may facilitate the administration of

this Compact, as determined by Commission rules.

i. The Compact administrator of a party state shall provide all

investigative documents and information requested by another party

state.

ARTICLE VII

Establishment of the Interstate Commission of Nurse Licensure

Compact Administrators

a. The party states hereby create and establish a joint public

entity known as the Interstate Commission of Nurse Licensure Compact

Administrators.

1. The Commission is an instrumentality of the party states.

2. Venue is proper, and judicial proceedings by or against the

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity.

b. Membership, Voting and Meetings

1. Each party state shall have and be limited to one

administrator. The head of the state licensing board or designee

shall be the administrator of this Compact for each party state.

Any administrator may be removed or suspended from office as

provided by the laws of the state from which the administrator is

appointed. Any vacancy occurring in the Commission shall be filled

in accordance with the laws of the party state in which the vacancy

exists.

2. Each administrator shall be entitled to one (1) vote with

regard to the promulgation of rules and creation of bylaws and shall

otherwise have an opportunity to participate in the business and

affairs of the Commission. An administrator shall vote in person or

by such other means as provided in the bylaws. The bylaws may

provide for an administrator's participation in meetings by

telephone or other means of communication.

3. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws

or rules of the Commission.

4. All meetings shall be open to the public, and public notice

of meetings shall be given in the same manner as required under the

rulemaking provisions in Article VIII of this Compact.

5. The Commission may convene in a closed, nonpublic meeting if

the Commission must discuss:

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i. Noncompliance of a party state with its obligations

under this Compact;

ii. The employment, compensation, discipline or other

personnel matters, practices or procedures related to

specific employees or other matters related to the

Commission's internal personnel practices and

procedures;

iii. Current, threatened or reasonably anticipated

litigation;

iv. Negotiation of contracts for the purchase or sale of

goods, services or real estate;

v. Accusing any person of a crime or formally censuring

any person;

vi. Disclosure of trade secrets or commercial or financial

information that is privileged or confidential;

vii. Disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy;

viii. Disclosure of investigatory records compiled for law

enforcement purposes;

ix. Disclosure of information related to any reports

prepared by or on behalf of the Commission for the

purpose of investigation of compliance with this

Compact; or

x. Matters specifically exempted from disclosure by

federal or state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to

this provision, the Commission's legal counsel or designee shall

certify that the meeting may be closed and shall reference each

relevant exempting provision. The Commission shall keep minutes

that fully and clearly describe all matters discussed in a meeting

and shall provide a full and accurate summary of actions taken, and

the reasons therefor, including a description of the views

expressed. All documents considered in connection with an action

shall be identified in such minutes. All minutes and documents of a

closed meeting shall remain under seal, subject to release by a

majority vote of the Commission or order of a court of competent

jurisdiction.

c. The Commission shall, by a majority vote of the

administrators, prescribe bylaws or rules to govern its conduct as

may be necessary or appropriate to carry out the purposes and

exercise the powers of this Compact, including but not limited to:

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:

i. For the establishment and meetings of other

committees; and

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ii. Governing any general or specific delegation of any

authority or function of the Commission;

3. Providing reasonable procedures for calling and conducting

meetings of the Commission, ensuring reasonable advance notice of

all meetings and providing an opportunity for attendance of such

meetings by interested parties, with enumerated exceptions designed

to protect the public's interest, the privacy of individuals, and

proprietary information, including trade secrets. The Commission

may meet in closed session only after a majority of the

administrators vote to close a meeting in whole or in part. As soon

as practicable, the Commission must make public a copy of the vote

to close the meeting revealing the vote of each administrator, with

no proxy votes allowed;

4. Establishing the titles, duties and authority and reasonable

procedures for the election of the officers of the Commission;

5. Providing reasonable standards and procedures for the

establishment of the personnel policies and programs of the

Commission. Notwithstanding any civil service or other similar laws

of any party state, the bylaws shall exclusively govern the

personnel policies and programs of the Commission; and

6. Providing a mechanism for winding up the operations of the

Commission and the equitable disposition of any surplus funds that

may exist after the termination of this Compact after the payment or

reserving of all of its debts and obligations.

d. The Commission shall publish its bylaws and rules, and any

amendments thereto, in a convenient form on the website of the

Commission.

e. The Commission shall maintain its financial records in

accordance with the bylaws.

f. The Commission shall meet and take such actions as are

consistent with the provisions of this Compact and the bylaws.

g. The Commission shall have the following powers:

1. To promulgate uniform rules to facilitate and coordinate

implementation and administration of this Compact. The rules shall

have the force and effect of law and shall be binding in all party

states;

2. To bring and prosecute legal proceedings or actions in the

name of the Commission; provided, that the standing of any licensing

board to sue or be sued under applicable law shall not be affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept or contract for services of personnel,

including, but not limited to, employees of a party state or

nonprofit organizations;

5. To cooperate with other organizations that administer state

compacts related to the regulation of nursing, including but not

limited to sharing administrative or staff expenses, office space or

other resources;

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6. To hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of this Compact, and to

establish the Commission's personnel policies and programs relating

to conflicts of interest, qualifications of personnel and other

related personnel matters;

7. To accept any and all appropriate donations, grants and

gifts of money, equipment, supplies, materials and services, and to

receive, utilize and dispose of the same; provided, that at all

times the Commission shall avoid any appearance of impropriety or

conflict of interest;

8. To lease, purchase, accept appropriate gifts or donations

of, or otherwise to own, hold, improve or use, any property, whether

real, personal or mixed; provided, that at all times the Commission

shall avoid any appearance of impropriety;

9. To sell, convey, mortgage, pledge, lease, exchange, abandon

or otherwise dispose of any property, whether real, personal or

mixed;

10. To establish a budget and make expenditures;

11. To borrow money;

12. To appoint committees, including advisory committees

comprised of administrators, state nursing regulators, state

legislators or their representatives, and consumer representatives,

and other such interested persons;

13. To provide and receive information from, and to cooperate

with, law enforcement agencies;

14. To adopt and use an official seal; and

15. To perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact consistent with

the state regulation of nurse licensure and practice.

h. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the

reasonable expenses of its establishment, organization and ongoing

activities.

2. The Commission may also levy on and collect an annual

assessment from each party state to cover the cost of its

operations, activities and staff in its annual budget as approved

each year. The aggregate annual assessment amount, if any, shall be

allocated based upon a formula to be determined by the Commission,

which shall promulgate a rule that is binding upon all party states.

3. The Commission shall not incur obligations of any kind prior

to securing the funds adequate to meet the same; nor shall the

Commission pledge the credit of any of the party states, except by

and with the authority of such party state.

4. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

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under its bylaws. However, all receipts and disbursements of funds

handled by the Commission shall be audited yearly by a certified or

licensed public accountant, and the report of the audit shall be

included in and become part of the annual report of the Commission.

i. Qualified Immunity, Defense and Indemnification

1. The administrators, officers, executive director, employees

and representatives of the Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing

occurred, within the scope of Commission employment, duties or

responsibilities; provided, that nothing in this paragraph shall be

construed to protect any such person from suit or liability for any

damage, loss, injury or liability caused by the intentional, willful

or wanton misconduct of that person.

2. The Commission shall defend any administrator, officer,

executive director, employee or representative of the Commission in

any civil action seeking to impose liability arising out of any

actual or alleged act, error or omission that occurred within the

scope of Commission employment, duties or responsibilities, or that

the person against whom the claim is made had a reasonable basis for

believing occurred within the scope of Commission employment, duties

or responsibilities, provided that the actual or alleged act, error

or omission did not result from that person's intentional, willful

or wanton misconduct; and provided further, that nothing herein

shall be construed to prohibit that person from retaining his or her

own counsel.

3. The Commission shall indemnify and hold harmless any

administrator, officer, executive director, employee or

representative of the Commission for the amount of any settlement or

judgment obtained against that person arising out of any actual or

alleged act, error or omission that occurred within the scope of

Commission employment, duties or responsibilities, or that such

person had a reasonable basis for believing occurred within the

scope of Commission employment, duties or responsibilities, provided

that the actual or alleged act, error or omission did not result

from the intentional, willful or wanton misconduct of that person.

ARTICLE VIII

Rulemaking

a. The Commission shall exercise its rulemaking powers pursuant

to the criteria set forth in this Article and the rules adopted

thereunder. Rules and amendments shall become binding as of the

date specified in each rule or amendment and shall have the same

force and effect as provisions of this Compact.

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b. Rules or amendments to the rules shall be adopted at a

regular or special meeting of the Commission.

c. Prior to promulgation and adoption of a final rule or rules

by the Commission, and at least sixty (60) days in advance of the

meeting at which the rule will be considered and voted upon, the

Commission shall file a notice of proposed rulemaking:

1. On the website of the Commission; and

2. On the website of each licensing board or the publication in

which each state would otherwise publish proposed rules.

d. The notice of proposed rulemaking shall include:

1. The proposed time, date and location of the meeting in which

the rule will be considered and voted upon;

2. The text of the proposed rule or amendment, and the reason

for the proposed rule;

3. A request for comments on the proposed rule from any

interested person; and

4. The manner in which interested persons may submit notice to

the Commission of their intention to attend the public hearing and

any written comments.

e. Prior to adoption of a proposed rule, the Commission shall

allow persons to submit written data, facts, opinions and arguments,

which shall be made available to the public.

f. The Commission shall grant an opportunity for a public

hearing before it adopts a rule or amendment.

g. The Commission shall publish the place, time and date of the

scheduled public hearing.

1. Hearings shall be conducted in a manner providing each

person who wishes to comment a fair and reasonable opportunity to

comment orally or in writing. All hearings will be recorded, and a

copy will be made available upon request.

2. Nothing in this Article shall be construed as requiring a

separate hearing on each rule. Rules may be grouped for the

convenience of the Commission at hearings required by this Article.

h. If no one appears at the public hearing, the Commission may

proceed with promulgation of the proposed rule.

i. Following the scheduled hearing date, or by the close of

business on the scheduled hearing date if the hearing was not held,

the Commission shall consider all written and oral comments

received.

j. The Commission shall, by majority vote of all

administrators, take final action on the proposed rule and shall

determine the effective date of the rule, if any, based on the

rulemaking record and the full text of the rule.

k. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency rule without prior notice,

opportunity for comment or hearing; provided, that the usual

rulemaking procedures provided in this Compact and in this Article

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shall be retroactively applied to the rule as soon as reasonably

possible, and in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this provision, an

emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety or welfare;

2. Prevent a loss of Commission or party state funds; or

3. Meet a deadline for the promulgation of an administrative

rule that is required by federal law or rule.

l. The Commission may direct revisions to a previously adopted

rule or amendment for purposes of correcting typographical errors,

errors in format, errors in consistency or grammatical errors.

Public notice of any revisions shall be posted on the website of the

Commission. The revision shall be subject to challenge by any

person for a period of thirty (30) days after posting. The revision

may be challenged only on grounds that the revision results in a

material change to a rule. A challenge shall be made in writing and

delivered to the Commission prior to the end of the notice period.

If no challenge is made, the revision will take effect without

further action. If the revision is challenged, the revision may not

take effect without the approval of the Commission.

ARTICLE IX

Oversight, Dispute Resolution and Enforcement

a. Oversight

1. Each party state shall enforce this Compact and take all

actions necessary and appropriate to effectuate this Compact's

purposes and intent.

2. The Commission shall be entitled to receive service of

process in any proceeding that may affect the powers,

responsibilities or actions of the Commission, and shall have

standing to intervene in such a proceeding for all purposes.

Failure to provide service of process in such proceeding to the

Commission shall render a judgment or order void as to the

Commission, this Compact or promulgated rules.

b. Default, Technical Assistance and Termination

1. If the Commission determines that a party state has

defaulted in the performance of its obligations or responsibilities

under this Compact or the promulgated rules, the Commission shall:

i. Provide written notice to the defaulting state and

other party states of the nature of the default, the

proposed means of curing the default or any other

action to be taken by the Commission; and

ii. Provide remedial training and specific technical

assistance regarding the default.

2. If a state in default fails to cure the default, the

defaulting state's membership in this Compact may be terminated upon

an affirmative vote of a majority of the administrators, and all

rights, privileges and benefits conferred by this Compact may be

Oklahoma Statutes - Title 59. Professions and Occupations Page 602

terminated on the effective date of termination. A cure of the

default does not relieve the offending state of obligations or

liabilities incurred during the period of default.

3. Termination of membership in this Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be given

by the Commission to the governor of the defaulting state and to the

executive officer of the defaulting state's licensing board and each

of the party states.

4. A state whose membership in this Compact has been terminated

is responsible for all assessments, obligations and liabilities

incurred through the effective date of termination, including

obligations that extend beyond the effective date of termination.

5. The Commission shall not bear any costs related to a state

that is found to be in default or whose membership in this Compact

has been terminated unless agreed upon in writing between the

Commission and the defaulting state.

6. The defaulting state may appeal the action of the Commission

by petitioning the U.S. District Court for the District of Columbia

or the federal district in which the Commission has its principal

offices. The prevailing party shall be awarded all costs of such

litigation, including reasonable attorney fees.

c. Dispute Resolution

1. Upon request by a party state, the Commission shall attempt

to resolve disputes related to the Compact that arise among party

states and between party and nonparty states.

2. The Commission shall promulgate a rule providing for both

mediation and binding dispute resolution for disputes, as

appropriate.

3. In the event the Commission cannot resolve disputes among

party states arising under this Compact:

i. The party states may submit the issues in dispute to

an arbitration panel, which will be comprised of

individuals appointed by the Compact administrator in

each of the affected party states and an individual

mutually agreed upon by the Compact administrators of

all the party states involved in the dispute.

ii. The decision of a majority of the arbitrators shall be

final and binding.

d. Enforcement

1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of this Compact.

2. By majority vote, the Commission may initiate legal action

in the U.S. District Court for the District of Columbia or the

federal district in which the Commission has its principal offices

against a party state that is in default to enforce compliance with

the provisions of this Compact and its promulgated rules and bylaws.

Oklahoma Statutes - Title 59. Professions and Occupations Page 603

The relief sought may include both injunctive relief and damages.

In the event judicial enforcement is necessary, the prevailing party

shall be awarded all costs of such litigation, including reasonable

attorney fees.

3. The remedies herein shall not be the exclusive remedies of

the Commission. The Commission may pursue any other remedies

available under federal or state law.

ARTICLE X

Effective Date, Withdrawal and Amendment

a. This Compact shall become effective and binding on the

earlier of the date of legislative enactment of this Compact into

law by no less than twenty-six (26) states or December 31, 2018.

All party states to this Compact that also were parties to the prior

Nurse Licensure Compact superseded by this Compact (Prior Compact)

shall be deemed to have withdrawn from said Prior Compact within six

(6) months after the effective date of this Compact.

b. Each party state to this Compact shall continue to recognize

a nurse's multistate licensure privilege to practice in that party

state issued under the Prior Compact until such party state has

withdrawn from the Prior Compact.

c. Any party state may withdraw from this Compact by enacting a

statute repealing the same. A party state's withdrawal shall not

take effect until six (6) months after enactment of the repealing

statute.

d. A party state's withdrawal or termination shall not affect

the continuing requirement of the withdrawing or terminated state's

licensing board to report adverse actions and significant

investigations occurring prior to the effective date of such

withdrawal or termination.

e. Nothing contained in this Compact shall be construed to

invalidate or prevent any nurse licensure agreement or other

cooperative arrangement between a party state and a nonparty state

that is made in accordance with the other provisions of this

Compact.

f. This Compact may be amended by the party states. No

amendment to this Compact shall become effective and binding upon

the party states unless and until it is enacted into the laws of all

party states.

g. Representatives of nonparty states to this Compact shall be

invited to participate in the activities of the Commission, on a

nonvoting basis, prior to the adoption of this Compact by all

states.

ARTICLE XI

Construction and Severability

This Compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this Compact shall be

severable, and if any phrase, clause, sentence or provision of this

Oklahoma Statutes - Title 59. Professions and Occupations Page 604

Compact is declared to be contrary to the constitution of any party

state or of the United States, or if the applicability thereof to

any government, agency, person or circumstance is held invalid, the

validity of the remainder of this Compact and the applicability

thereof to any government, agency, person or circumstance shall not

be affected thereby. If this Compact shall be held to be contrary

to the constitution of any party state, this Compact shall remain in

full force and effect as to the remaining party states and in full

force and effect as to the party state affected as to all severable

matters.
Okla. Stat. tit. 59, § 59-15.9 — OK Code / Title 59 / Section 59-15.9
Issuance of certificate
Status: in_force

A. Upon payment of appropriate fees, the Oklahoma Accountancy

Board shall grant a certificate 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 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 including failure to

meet the good character criterion. Appeal of the action of the

Board may be made in accordance with the provisions of the

Administrative Procedures Act.

B. The Board shall issue certificates as certified public

accountants to those applicants who have met the qualifications

required by the provisions of the Oklahoma Accountancy Act and the

applicable rules of the Board, and have passed an examination in

accounting, auditing and related subjects as the Board determines

appropriate with such grades that satisfy the Board that each

applicant is competent to practice as a certified public accountant.

C. The Board may make use of the Uniform Certified Public

Accountant Examination and any organization that assists in

providing the examination.

D. An applicant for initial issuance of a certificate pursuant

to this section shall show that the applicant has at least one

hundred fifty (150) semester hours, or the equivalent thereof, of

college education including a baccalaureate or higher degree, or the

equivalent thereof, 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. Of the one hundred fifty (150) semester

hours, not less than thirty (30) semester hours, or the equivalent

thereof, shall be in accounting courses above principles of

accounting or introductory accounting. These education requirements

shall have been completed prior to submitting an application to the

Board and within the time frame outlined in this section. A

qualified applicant may take the certified public accountant

examination as allowed in Section 15.8 of this title but shall not

be issued a certificate until the requirements pursuant to this

section and Section 15.8 of this title have been met.

Oklahoma Statutes - Title 59. Professions and Occupations Page 60

E. An applicant for initial issuance of a certificate 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.

F. Every applicant for the certificate of certified public

accountant shall provide evidence of successful completion of an

ethics examination prescribed by the Board.

G. Every applicant for the certificate of certified public

accountant shall submit to a national criminal history record check

in accordance with Section 150.9 of Title 74 of the Oklahoma

Statutes. Results of national criminal history record checks shall

be provided to the Oklahoma Accountancy Board by the Oklahoma State

Bureau of Investigation. Criminal history record check results are

confidential and shall not be disseminated outside the Oklahoma

Accountancy Board. The costs associated with the national criminal

history record check shall be paid by the applicant.

H. An individual applying for a certificate as a certified

public accountant must make an 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 an 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.
Okla. Stat. tit. 59, § 59-567.9 — OK Code / Title 59 / Section 59-567.9
Violation of act - Penalty
Status: in_force

Except for subsection C of Section 567.5 of this title and

subsection D of Section 567.6 of this title, any person violating

Oklahoma Statutes - Title 59. Professions and Occupations Page 581

any of the provisions of this act shall be guilty of a misdemeanor,

punishable by a fine of not less than One Hundred Dollars ($100.00).

The writ of injunction without bond, is also made available to

the Board for the enforcement of this act.
Okla. Stat. tit. 59, § 59-541.2 — OK Code / Title 59 / Section 59-541.2
Radiologist Assistant Advisory Committee
Status: in_force

A. There is hereby created a Radiologist Assistant Advisory

Committee within the State Board of Medical Licensure and

Supervision to assist in administering the provisions of the

Radiologist Assistant Licensure Act. The Committee shall consist of

seven (7) members as follows:

1. One member shall be a physician appointed by the State Board

of Medical Licensure and Supervision from its membership;

2. One member shall be a radiologist appointed by the State

Board of Medical Licensure and Supervision from a list of qualified

individuals submitted by the Oklahoma State Medical Association and

who is not a member of the Board;

3. One member shall be a physician appointed by the State Board

of Osteopathic Examiners from its membership;

4. 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 the State Board of Osteopathic Examiners;

5. One member shall be a radiologist appointed by the State

Board of Medical Licensure and Supervision from a list of qualified

individuals submitted by the Oklahoma State Radiological Society and

who is not a member of the Board; and

6. Two members shall be radiologist assistants appointed by the

State Board of Medical Licensure and Supervision from a list of

Oklahoma Statutes - Title 59. Professions and Occupations Page 526

radiologist assistants submitted by the Oklahoma State Radiological

Society.

The radiologist assistant practitioner members shall have

engaged in rendering radiologist assistant services to the public,

teaching, or research for at least two (2) years immediately

preceding their appointments. These members shall at all times be

holders of valid licenses as radiologist assistants in this state,

except for the members first appointed to the Committee.

B. Initial members of the Committee shall be appointed by

September 1, 2008. Members of the Committee shall be appointed for

terms of four (4) years. Provided, the terms of office of the

members first appointed shall begin within a reasonable time frame

after the effective date of this act and shall continue for the

following periods:

1. Two physicians and one radiologist assistant for a period of

three (3) years; and

2. Three physicians and one radiologist assistant for a period

of four (4) years.

Upon the expiration of a member’s term of office, the appointing

authority for that member shall appoint a successor. Vacancies on

the Committee shall be filled in like manner for the balance of an

unexpired term. No member shall serve more than three consecutive

terms. Each member shall serve until a successor is appointed and

qualified.

C. Upon expiration or vacancy of the term of a member, the

respective nominating authority may, as appropriate, submit to the

appointing Board a list of three persons qualified to serve on the

Committee to fill the expired term of their respective member.

Appointments may be made from these lists by the appointing Board,

and additionally lists may be provided by the respective

organizations if requested by the State Board of Medical Licensure

and Supervision.

D. The State Board of Medical Licensure and Supervision may

remove any member from the Committee for neglect of any duty

required by law, for incompetency, or for unethical or dishonorable

conduct.

E. The Committee shall meet at least twice each year and shall

elect biennially during odd-numbered years a chair and vice-chair

from among its members. The Committee may convene at the request of

the chair, or as the Committee may determine for such other meetings

as may be deemed necessary.

F. A majority of the members of the Committee, including the

chair and vice-chair, shall constitute a quorum at any meeting, and

a majority of the required quorum shall be sufficient for the

Committee to take action by vote.

G. The Committee shall advise the Board in developing policy

and rules pertaining to the Radiologist Assistant Licensure Act.

Oklahoma Statutes - Title 59. Professions and Occupations Page 527

H. Members of the State Board of Medical Licensure and

Supervision and members of the Radiologist Assistant Advisory

Committee shall be reimbursed for all actual and necessary expenses

incurred while engaged in the discharge of official duties pursuant

to this act in accordance with the State Travel Reimbursement Act.
Okla. Stat. tit. 59, § 59-1522 — OK Code / Title 59 / Section 59-1522
Definitions
Status: in_force

As used in this act:

1. "Administrator" means the Administrator of the Department of

Consumer Credit;

2. "Dealer" means any person, partnership, sole proprietorship,

corporation or association which, in the regular course of business,

takes, receives, pays for or transfers used precious metals or gems

excluding any supervised financial institution as defined by the

Consumer Credit Code, pawnbrokers licensed pursuant to Section 1501

et seq. of this title, and jewelers whose principal business is the

sale of items purchased directly from the original manufacturer,

wholesaler or their authorized representative and who in the regular

course of such business, accept trade-in of items defined in this

act as precious metals or gems, so long as the item or items to be

traded are not greater in value than the item or items to be

purchased. For purposes of this exception, retail jewelers may not

buy used precious metals or gems for cash consideration only;

3. "Employee" means any person working for a dealer, whether or

not the person is in the direct employment of the dealer or works

full time or part time, who handles used precious metals or gems for

the dealer. Employee shall not mean a person employed by a bank,

armored car company or other business entity acting in the sole

capacity of bailee-for-hire relationship with a dealer;

4. "Gem" means any precious or semiprecious stone or item

containing a precious or semiprecious stone customarily used in

jewelry or ornamentation;

5. "Precious metal" means platinum, gold or silver, but shall

not mean any ingot or bar manufactured by a commercial mint nor

shall it mean any or all coins; and

6. "Used" means previously sold or traded.
Okla. Stat. tit. 59, § 59-1603 — OK Code / Title 59 / Section 59-1603
Definitions
Status: in_force

A. As used in the Speech-Language Pathology and Audiology

Licensing Act:

1. "Board" means the Board of Examiners for Speech-Language

Pathology and Audiology;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1174

2. "Person" means any individual, partnership, organization or

corporation, except that only individuals may be licensed under the

Speech-Language Pathology and Audiology Licensing Act;

3. "Licensed speech-language pathologist", "licensed speech-

language pathology fellow", "licensed speech-language pathology

assistant" or "licensed audiologist" means an individual to whom a

license has been issued pursuant to the provisions of the Speech-

Language Pathology and Audiology Licensing Act, which license has

not expired or has not been suspended or revoked;

4. "Speech-language pathologist" (SLP) means any person who

represents himself or herself to be a speech-language pathologist

and who meets the qualifications set forth in Section 1605 of this

title and provides or offers to provide services defined as the

practice of speech-language pathology;

5. "Speech-language pathology assistant" (SLPA) means any

person who, after acquiring academic coursework, fieldwork, and on-

the-job training as set forth by rules promulgated by the Board,

performs tasks prescribed, directed, and supervised by licensed

speech-language pathologists. The speech-language pathology

assistant may implement prescribed therapies in children and adults

in specific treatment areas in which he or she has academic and

clinical training as prescribed by the Board of Examiners for

Speech-Language Pathology and Audiology and under the license of a

speech-language pathologist;

6. "Clinical fellow" means an individual who is currently in

the process of completing the supervised postgraduate professional

paid experience in speech-language pathology as set forth in

paragraph 3 of subsection A of Section 1605 of this title;

7. "Speech, voice, swallowing or language disorders" include,

but are not limited to, any and all conditions that impede the

normal process of human vocal communication;

8. "Feeding or swallowing disorders", also called dysphagia,

include difficulty with any step of the feeding or swallowing

process. This may include losing food or liquids from the mouth,

difficulty chewing or sucking, difficulty protecting the airway, or

impaired sensation in the mouth or throat. These impairments may

result in a decreased liquid or food intake, choking on food or

liquid during eating or drinking, failure to thrive, pneumonia,

dehydration, malnutrition, or death. Assessment may include a

clinical evaluation of swallowing function or an instrumental

evaluation of swallowing function to determine the nature and

severity of the swallowing impairment, determine the safest and most

efficient food and liquid to be swallowed, and establish a treatment

plan to improve swallowing function. Treatment may include exercise

regimes to rehabilitate muscles or neurological function involved in

swallowing, training compensatory strategies or training techniques

to improve swallowing safety and function. Treatment may also

Oklahoma Statutes - Title 59. Professions and Occupations Page 1175

include the provision of education to individuals, parents, care

providers, and others related to feeding/swallowing function;

9. "Practice of speech-language pathology" means the rendering

or offering to render to any person or the public any speech, voice,

social communication, cognitive communication, feeding or swallowing

or language evaluation, examination, counseling or habitation and

rehabilitation of or for persons who have or are suspected of having

a speech, voice, feeding or swallowing or language disorder, or

representing oneself to be a speech-language pathologist or speech-

language pathology assistant who meets the qualifications set forth

in Section 1605 of this title. Services may also be provided for

persons who want to learn how to communicate more effectively

including, but not limited to, accent modification and other forms

of communication enhancement. A speech-language pathologist is

permitted to perform such basic audiometric tests and hearing

therapy procedures as are consistent with such training. A speech-

language pathology assistant will only perform duties as defined in

paragraph 3 of subsection A of Section 1605 of this title and under

the supervision of a licensed speech-language pathologist;

10. "Audiologist" means any person who represents himself or

herself to be an audiologist and who meets the qualifications set

forth in Section 1605 of this title and provides or offers to

provide services defined as the practice of audiology;

11. "Hearing disorders" include, but are not limited to, any or

all conditions of decreased or impaired auditory function;

12. "Vestibular or balance disorders" include, but are not

limited to, any or all conditions of the decreased or impaired

vestibular function;

13. "Practice of audiology" means the rendering, or offering to

render, to any person or the public, the prevention, identification,

assessment, or rehabilitation of or for persons who have or are

suspected of having a hearing or balance disorder, or representing

oneself to be an audiologist. An audiologist may perform vestibular

assessments for those individuals of any age suspected of having a

balance disorder and then provide appropriate rehabilitation once

diagnosed by a physician. An audiologist may also select, fit and

dispense hearing aids and hearing-assistive technology. The

audiologist may perform assessments to assist in determining

candidacy for special hearing technology such as cochlear implants

or bone conduction systems, and provide follow-up services. An

audiologist may provide consultation regarding noise control and

participate in noise-conservation programs which may include fitting

of hearing-protection devices. Audiologists may participate in

research related to all of these. An audiologist must meet the

qualifications set forth in paragraph 3 of subsection A of Section

1605 of this title;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1176

14. "Hearing screening" means one or more procedures used to

identify individuals who may have a hearing loss. Measurements of

auditory thresholds are not included in hearing screening programs;

15. "Telepractice" means the practice of health care delivery,

diagnosis, consultation, evaluation and treatment, transfer of

medical data or exchange of medical education, information by means

of a two-way, real-time interactive communication, not to exclude

store-and-forward technologies, between a patient and a speech-

language pathologist or audiologist with access to and reviewing the

patient's relevant clinical information prior to the teletherapy

visit; and

16. "Store-and-forward technologies" means the transmission of

a patient's medical information from an originating site to the

speech-language pathologist or audiologist at the distant site;

provided, photographs visualized by a telecommunications system

shall be specific to the patient's medical condition and adequate

for furnishing or confirming a diagnosis or treatment plan.

"Telepractice" and "store-and-forward technologies" shall not

include consultations provided by telephone, audio-only

communication, electronic mail, text message, instant messaging

conversation, website questionnaire, nonsecure video conference or

facsimile machine.

B. A person represents himself or herself to be a speech-

language pathologist when such person holds himself or herself out

to the public by any title or description of services incorporating

the words "speech-language pathology", "speech-language

pathologist", "speech pathology", "speech pathologist", "speech

therapy", "speech therapist", "speech correction", "speech

correctionist", "language therapy", "language therapist", "voice

pathology", "voice pathologist", "voice therapy", "voice therapist",

"logopedics", "logopedist", "communicology", "communicologist",

"aphasiologist", "phoniatrist", "speech clinician", "speech clinic",

"speech center" or any similar or related term or terms.

C. A person represents himself or herself to be a speech-

language pathology assistant when such person holds himself or

herself out to the public by any title or description of services as

listed for speech-language pathologist and is working under the

license of a speech-language pathologist. Anyone not holding

credentials for independent practice shall hold the designation of

assistant and be required to work under supervision.

D. A person represents himself or herself to be an audiologist

when such person holds himself or herself out to the public by any

title or description of services incorporating the terms

"audiology", "audiologist", "audiometry", "audiometrist", "hearing

therapy", "hearing therapist", "hearing conservation", "hearing

conservationist", "hearing clinician", "hearing clinic", "hearing

Oklahoma Statutes - Title 59. Professions and Occupations Page 1177

center", "audiological", "audiometrics", or any similar or related

term or terms.

E. The provision of speech-language pathology or audiology

services in this state through telepractice, electronic or other

means, regardless of the location of the speech-language pathologist

shall constitute the practice of speech-language pathology or

audiology and shall require licensure in this state.
Okla. Stat. tit. 59, § 59-858-812 — OK Code / Title 59 / Section 59-858-812
AMC verification that an appraiser holds a credential
Status: in_force

in good standing.

Prior to placing an assignment with an appraiser on the

appraiser panel of an AMC, the AMC shall verify that the appraiser

receiving the assignment holds a credential in good standing in this

state pursuant to the Oklahoma Certified Real Estate Appraisers Act

and the rules promulgated thereunder if a license or certification

is required to perform such appraisal. Letters of engagement shall

include instructions to the appraiser to decline the assignment in

the event the appraiser is not geographically competent or the

assignment falls outside the appraiser’s scope of practice

restrictions as established by the Board rules.
Okla. Stat. tit. 59, § 59-1578 — OK Code / Title 59 / Section 59-1578
Compact privilege
Status: in_force

A. To exercise the Compact privilege under the terms and

provisions of the Compact, the audiologist or speech-language

pathologist shall:

1. Hold an active license in the home state;

2. Have no encumbrance on any state license;

3. Be eligible for a compact privilege in any member state in

accordance with Section 3 of this act;

4. Have not had any adverse action against any license or

Compact privilege within the previous two (2) years from date of

application;

5. Notify the Commission that the licensee is seeking the

Compact privilege within a remote state(s);

6. Pay any applicable fees, including any state fee, for the

Compact privilege; and

7. Report to the Commission adverse action taken by any

nonmember state within thirty (30) days from the date the adverse

action is taken.

B. For the purposes of the Compact privilege, an audiologist or

speech-language pathologist shall only hold one home state license

at a time.

C. Except as provided in Section 6 of this act, if an

audiologist or speech-language pathologist changes primary state of

Oklahoma Statutes - Title 59. Professions and Occupations Page 1161

residence by moving between two member states, the audiologist or

speech-language pathologist shall apply for licensure in the new

home state, and the license issued by the prior home state shall be

deactivated in accordance with applicable rules adopted by the

Commission.

D. The audiologist or speech-language pathologist may apply for

licensure in advance of a change in primary state of residence.

E. A license shall not be issued by the new home state until

the audiologist or speech-language pathologist provides satisfactory

evidence of a change in primary state of residence to the new home

state and satisfies all applicable requirements to obtain a license

from the new home state.

F. If an audiologist or speech-language pathologist changes

primary state of residence by moving from a member state to a

nonmember state, the license issued by the prior home state shall

convert to a single-state license, valid only in the former home

state.

G. The compact privilege is valid until the expiration date of

the home state license. The licensee shall comply with the

requirements of subsection A of this section to maintain the Compact

privilege in the remote state.

H. A licensee providing audiology or speech-language pathology

services in a remote state under the Compact privilege shall

function within the laws and regulations of the remote state.

I. A licensee providing audiology or speech-language pathology

services in a remote state is subject to that state's regulatory

authority. A remote state may, in accordance with due process and

that state's laws, remove a licensee's Compact privilege in the

remote state for a specific period of time, impose fines and/or take

any other necessary actions to protect the health and safety of its

citizens.

J. If a home state license is encumbered, the licensee shall

lose the Compact privilege in any remote state until the following

occur:

1. The home state license is no longer encumbered; and

2. Two (2) years have elapsed from the date of the adverse

action.

K. Once an encumbered license in the home state is restored to

good standing, the licensee shall meet the requirements of

subsection A of this section to obtain a Compact privilege in any

remote state.

L. Once the requirements of subsection J of this section have

been met, the licensee shall meet the requirements in subsection A

of this section to obtain a Compact privilege in a remote state.
Okla. Stat. tit. 59, § 59-1101 — OK Code / Title 59 / Section 59-1101
Short title - Declaration
Status: in_force

A. Sections 275 through 289 of this act shall be known and may

be cited as the "Waterworks and Wastewater Works Operator

Certification Act".

B. The Waterworks and Wastewater Works Operator Certification

Act is declared to be necessary to safeguard life, health, and

property, and to protect the waters of this state.
Okla. Stat. tit. 59, § 59-164b.2 — OK Code / Title 59 / Section 59-164b.2
Renumbered as Section 161.17 of Title 59 by Laws 1991,
Status: in_force

c. 265, § 22, eff. Oct. 1, 1991.
Okla. Stat. tit. 59, § 59-1250.1 — OK Code / Title 59 / Section 59-1250.1
Definitions
Status: in_force

As used in the Social Worker's Licensing Act:

1. "Approved provider of continuing education" means an

individual, group, professional association, school, institution,

organization, or agency approved by the Board to conduct educational

programs;

2. "Approved social work program" means a school of social work

or a social work educational program that has been approved by the

Board;

3. "Assessment" means the gathering of data about emotional,

behavioral, mental, environmental, biopsychosocial, and

interactional processes gathered in an effort to identify the

client's past and current level of functioning. Assessment may also

include the use of standardized psychometric testing instruments

upon successful completion of appropriate, specialized courses or

training;

4. "Board" means the State Board of Licensed Social Workers,

which shall also be known as the State Board of Social Work;

5. "Board approved clinical supervisor" means a licensed

clinical social worker who has met the qualifications determined by

the Board for supervision in a clinical setting;

6. "Board approved supervisor" means a licensed clinical social

worker (LCSW) who has met the qualifications determined by the Board

for licensure as a supervisor;

7. "Case management" means a method to plan, provide, evaluate,

and monitor services from a variety of resources on behalf of and in

collaboration with a client;

8. "Client" means the individual, couple, family, group,

organization, or community that seeks or receives social work

services;

Oklahoma Statutes - Title 59. Professions and Occupations Page 958

9. "Clinical social work practice" means the practice of social

work by a social worker including assessment and diagnosis of

behavioral disorders, treatment planning, planning intervention,

case management, information and referrals, including referrals to

an appropriate allopathic or osteopathic physician when the

diagnosis or treatment is in question or psychiatric or medical

treatment is indicated. Treatment methods include the provision of

individual, marital, couple, family and group counseling and

psychotherapy based on the education and training of the social

worker. Treatment shall not include biological or medical

treatments. The practice of clinical social work may include

private or independent practice;

10. "Clinical supervision" means an interactional professional

relationship between a supervisor and a social worker that provides

evaluation and direction over the supervisee's practice of clinical

social work and promotes continued development of the social

worker's knowledge, skills, and abilities to engage in the practice

of clinical social work in an ethical and competent manner;

11. "Consultation" means a problem solving process in which

expertise is offered to an individual, couple, family, group,

organization or community;

12. "Continuing education" means education and training which

are oriented to maintain, improve or enhance the practice of social

work;

13. "Continuing education contact hour" means a sixty-minute

clock hour of instruction, not including breaks or meals;

14. "Conviction" means conviction of a crime by a court of

competent jurisdiction including a finding or verdict of guilt,

whether or not the adjudication of guilt is withheld or not entered

on admission of guilt, a plea of nolo contendere, or a guilty plea;

15. "Counseling" means a method used by social workers to

assist individuals, couples, families and groups in learning how to

solve problems and make decisions about personal, health, social,

educational, vocational, financial, and other interpersonal

concerns;

16. "Diagnosis" means the use of assessment tools such as the

Diagnostic and Statistical Manual or the International

Classification of Diseases;

17. "Employment supervision" means the professional

relationship between a worksite supervisor and social worker in an

employment setting which provides evaluation and direction as it

pertains to job-related duties. This type of supervision shall not

be accepted towards licensure supervision requirements;

18. "Examination" means a standardized test or examination of

social work knowledge, skills and abilities which have been approved

by the Board;

Oklahoma Statutes - Title 59. Professions and Occupations Page 959

19. "Implementation and evaluation" means continuing to

evaluate and monitor the effectiveness of the treatment plan;

20. "Independent social work practice" means the practice of

nonclinical social work by a licensed social worker (LSW), licensed

clinical social worker (LCSW) or licensed social worker with

administration specialty (LSW-ADM) outside of an organized setting,

such as a social, medical, or governmental agency, after completion

of all applicable supervision requirements, in which the social

worker assumes responsibility and accountability for services

provided;

21. "Intervention" means application of techniques utilized to

implement the treatment plan appropriate to an assessment;

22. "Licensed clinical social worker" (LCSW) means a person

duly licensed to practice clinical social work under the Social

Worker's Licensing Act;

23. "Licensed masters social worker" (LMSW) means a person duly

licensed to practice social work under the Social Worker's Licensing

Act and who holds a master's degree in social work;

24. "Licensed social work associate" (LSWA) means a person duly

licensed to practice social work under the Social Worker's Licensing

Act;

25. "Licensed social worker with administration specialty"

(LSW-ADM) means a person duly licensed to practice administrative

social work under the Social Worker's Licensing Act;

26. "Licensed social worker" (LSW) means a person duly licensed

to practice social work under the Social Worker's Licensing Act;

27. "Licensee" means a person duly licensed under the Social

Worker's Licensing Act;

28. "Licensure supervisor" means a licensed social worker who

has met the qualifications determined by the Board for a licensure

supervisor;

29. "Nonclinical social work" means the practice of social work

by a social worker to include but not be limited to case management,

consultation, education, advocacy and community organization, but

excluding counseling in independent practice, psychotherapy,

treatment and diagnosis;

30. "Nonclinical supervision" means the supervision of social

work practice by a social worker to include but not be limited to

case management, consultation, education, advocacy and community

organization;

31. "Practice of social work" means the professional activity

of helping individuals, groups or communities enhance or restore

their capacity for physical, social and economic functioning and the

professional application of social work values, principles and

techniques in areas such as clinical social work, social service

administration, social planning, social work consultation and social

work research to one or more of the following ends: Helping people

Oklahoma Statutes - Title 59. Professions and Occupations Page 960

obtain tangible services; counseling with individuals, families and

groups; helping communities or groups provide or improve social and

health services; and participating in relevant social action. The

practice of social work requires knowledge of human development and

behavior; of social economic and cultural institutions and forces;

and of the interaction of all of these factors. Social work

practice includes the teaching of relevant subject matter and of

conducting research into problems of human behavior and conflict.

Except as otherwise provided in the Social Worker's Licensing Act,

reference to the "practice of social work" shall be the practice of

a person licensed under the Social Worker's Licensing Act;

32. "Private practice of clinical social work" means the

practice of social work performed by a licensed clinical social

worker (LCSW) who is wholly or in part self-employed and who assumes

responsibility for the nature and quality of the services provided

to the client in exchange for direct payment or third-party

reimbursement, rather than a salaried employee of an organization or

institution;

33. "Psychotherapy" means the use of treatment methods

utilizing a specialized, formal interaction between a clinical

social worker and an individual, couple, family, or group in which a

therapeutic relationship is established, maintained and sustained to

understand unconscious processes, intrapersonal, interpersonal, and

psychosocial dynamics, and the diagnosis and treatment of mental,

emotional, and behavioral disorders, conditions and addictions;

34. "Supervision" means the professional relationship between

an approved supervisor and a social worker that provides evaluation

and direction over the services provided by the social worker and

promotes continued development of the social worker's knowledge,

skills and abilities to provide social work services in an ethical

and competent manner; and

35. "Treatment planning" or "treatment plan" means the

organized approach of an assessment to guide the course of

behavioral health treatment based upon identified needs, problems

and issues.
Okla. Stat. tit. 59, § 59-1850.4 — OK Code / Title 59 / Section 59-1850.4
Committee of Mechanical Examiners - Membership - Terms
Status: in_force

- Removal - Vacancies - Quorum - Duties.

A. There is hereby established the Committee of Mechanical

Examiners, which shall consist of five (5) members. All members

shall be citizens of the United States and shall be residents of

Oklahoma Statutes - Title 59. Professions and Occupations Page 1305

this state. Members shall hold office for terms of two (2) years or

until their successors have been appointed and qualified.

B. Members of the Committee shall be appointed as follows:

1. Two members shall be appointed by the President Pro Tempore

of the Senate and shall be mechanical journeymen with five (5)

years' actual experience in mechanical work as journeymen.

Beginning January 1, 2003, as the terms of the members serving on

the Committee pursuant to this paragraph expire, subsequent members

shall be appointed by the President Pro Tempore of the Senate,

unless after thirty (30) days from expiration an appointment is not

made, then the member shall be appointed by the Construction

Industries Board;

2. Two members shall be appointed by the Speaker of the House

of Representatives and shall be mechanical contractors with five (5)

years' actual experience in mechanical work as contractors.

Beginning January 1, 2003, as the terms of the members serving on

the Committee pursuant to this paragraph expire, subsequent members

shall be appointed by the Speaker of the House of Representatives,

unless after thirty (30) days from expiration an appointment is not

made, then the member shall be appointed by the Construction

Industries Board; and

3. One member shall be a lay member appointed by the

Construction Industries Board; provided, the person serving in this

position on January 1, 2002, may elect to continue to serve until

the end of the term of office and until a successor has been

appointed and qualified.

C. Any vacancy on the Committee shall be filled for the

unexpired term within thirty (30) days in the manner in which that

position was originally filled. Members may be removed for

misconduct, incompetence, or neglect of duty.

D. A majority of the Committee shall constitute a quorum for

the transaction of business, and the Committee shall elect a chair

from its number. Each member shall receive travel expenses in

accordance with the provisions of the State Travel Reimbursement

Act. The Committee shall meet at least quarterly to conduct

examinations, and special meetings may be called by the chair or the

Board.

E. The Committee shall:

1. Assist and advise the Board on all matters pertaining to the

formation of rules pursuant to the provisions of the Mechanical

Licensing Act;

2. Assist and advise the Board on the examinations for

applicants for licenses as a mechanical contractor or journeyman and

on all matters relating to the licensing of mechanical contractors

and mechanical journeymen and the registering of mechanical

apprentices; and

Oklahoma Statutes - Title 59. Professions and Occupations Page 1306

3. Assist and advise the Board in such other matters as

requested thereby.
Okla. Stat. tit. 59, § 59-1945 — OK Code / Title 59 / Section 59-1945
Professional specialty designation
Status: in_force

A. A professional specialty designation area may be established

by the State Board of Behavioral Health Licensure upon receipt of a

petition signed by fifteen qualified persons who are currently

licensed as licensed behavioral practitioners, who have acquired at

least sixty (60) semester hours, to increase to seventy-five (75)

semester hours on and after January 1, 2008, of graduate credit in

behavioral science or psychology-related course work from a

regionally accredited college or university, and who meet the

recognized minimum standards as established by appropriate

nationally recognized certification agencies; provided, however, if

Oklahoma Statutes - Title 59. Professions and Occupations Page 1390

a nationally recognized certification does not exist, the Board may

establish minimum standards for specialty designations.

B. Upon receipt of credentials from the appropriate

certification agency, the Board may grant the licensed behavioral

practitioner the appropriate specialty designation. The licensed

behavioral practitioner may attain specialty designation through

examination. A licensed behavioral practitioner shall not claim or

advertise a behavioral health specialty and shall not incorporate

the specialty designation into the professional title of such

licensed behavioral practitioner unless the qualifications and

certification requirements of that specialty have been met and have

been approved by the Board and the appropriate certification agency.
Okla. Stat. tit. 59, § 59-2063 — OK Code / Title 59 / Section 59-2063
Licenses - Issuance
Status: in_force

The Board may issue a license to practice perfusion upon payment

of a licensure fee specified by Section 21 of this act to any person

who has:

1. Qualified pursuant to Section 10 or Section 11 of this act;

or

2. Been practicing perfusion in a full-time capacity for a

period of more than twenty-four (24) months prior to January 1,

1997; provided, such applicant must demonstrate through written

evidence verified under oath and certified to by the employing

health care facility that the applicant has in fact been employed in

such capacity for more than twenty-four (24) months preceding

January 1, 1997.
Okla. Stat. tit. 59, § 59-1150.13 — OK Code / Title 59 / Section 59-1150.13
Revocation or suspension of registration
Status: in_force

A. The Commissioner shall have the power to revoke the

certificate of registration of any registrant pursuant to this

section.

B. The Commissioner shall suspend or revoke or not renew any

registration for:

1. Fraud or deceit in obtaining a registration;

2. Making a material misstatement in the application for a

registration, or the renewal of a registration;

3. Loaning or illegally using a registration;

Oklahoma Statutes - Title 59. Professions and Occupations Page 911

4. Demonstrating incompetence, or any gross negligence or

misconduct in the profession of Registered Professional Sanitarian

or Registered Professional Environmental Specialist; or

5. Violating any provisions of the Oklahoma Sanitarian and

Environmental Specialist Registration Act, or any rule, or order

prescribed by the Board promulgated thereto.

C. Any person whose registration has been revoked by the

Commissioner may apply for a new registration one (1) year from the

date of such revocation.
Okla. Stat. tit. 59, § 59-1453 — OK Code / Title 59 / Section 59-1453
Definitions
Status: in_force

In the Polygraph Examiners Act, unless the context requires a

different definition,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1114

1. "Board" means the Polygraph Examiners Board,

2. "Secretary" means that member of the Polygraph Examiners

Board selected by the Board to act as secretary,

3. "Internship" means the study of polygraph examination and of

the administration of polygraph examinations by a trainee under the

personal supervision and control of a polygraph examiner in

accordance with a course of study prescribed by the Board at the

commencement of such internship,

4. "Person" means any natural person, firm, association,

copartnership or corporation,

5. "Polygraph examiner" means any person who purports to be

able to detect deception or verify truth of statements through

instrumentation or the use of a mechanical device, and

6. "Council" means the Council on Law Enforcement Education and

Training.
Okla. Stat. tit. 59, § 59-1473 — OK Code / Title 59 / Section 59-1473
Injunction
Status: in_force

If any person violates any provisions of this act, the Council

shall, upon direction of a majority of the Board, or the Board in

the name of the State of Oklahoma, through the Attorney General of

the State of Oklahoma, apply in any district court of competent

jurisdiction for an order enjoining such violation or for an order

enforcing compliance with this act. Upon the filing of a verified

petition in the court, the court or any judge thereof, if satisfied

by affidavit or otherwise that the person has violated this act, may

issue a temporary injunction, without notice or bond, enjoining such

continued violation and if it is established that the person has

violated or is violating this act, the court, or any judge thereof,

may enter a decree perpetually enjoining the violation or enforcing

compliance with this act. In case of violation of any order or

decree issued under the provisions of this section, the court, or

any judge thereof, may try and punish the offender for contempt of

court. Proceedings under this section shall be in addition to, and

not in lieu of, all other remedies and penalties provided by this

act.
Okla. Stat. tit. 59, § 59-46.4v2 — OK Code / Title 59 / Section 59-46.4v2
Board of Governors of the Licensed Architects,
Status: in_force

Landscape Architects and Licensed Interior Designers of Oklahoma.

There is hereby re-created, to continue until July 1, 2026, in

accordance with the provisions of the Oklahoma Sunset Law, a board

to be known as the "Board of Governors of the Architects, Landscape

Architects and Licensed Interior Designers of Oklahoma", hereinafter

referred to as the Board. The Board shall be composed of eleven

(11) members including six persons who are duly licensed to practice

architecture and are in good standing in this state, two persons who

are duly licensed to practice landscape architecture and are in good

standing in this state, two persons who are duly licensed interior

designers and who are active and in good standing and one lay

member. Each member of the Board shall be a qualified elector of

this state, and the architect, landscape architect and licensed

interior designer members shall have had five (5) years' licensing

experience as the professional position requires in this state. 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 May 31, 1957. A member may be reappointed to succeed such

membership. The architect, landscape architect or the licensed

interior designer members 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

Oklahoma Statutes - Title 59. Professions and Occupations Page 96

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 and

staff shall be reimbursed for travel expenses pursuant to the State

Travel Reimbursement Act.
Okla. Stat. tit. 59, § 59-46.11 — OK Code / Title 59 / Section 59-46.11
Renewal of license or certificate - Display
Status: in_force

No license or certificate of authority shall be issued or

renewed for longer than two (2) years. A license or certificate may

be renewed upon application, compliance with this act or the rules

of the Board, and payment of fees prior to or on June 30 of

alternate years. Every architect, landscape architect, or licensed

interior designer 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.
Okla. Stat. tit. 59, § 59-2058 — OK Code / Title 59 / Section 59-2058
Perfusionists Licensure Fund
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 1428

There is hereby created in the State Treasury a revolving fund

for the State Board of Examiners of Perfusionists to be designated

the "Perfusionists Licensure Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

fees received by the Board and any other monies collected pursuant

to the Oklahoma Licensed Perfusionists Act. All monies accruing to

the credit of the fund are hereby appropriated and may be budgeted

and expended by the Board for any purpose which is reasonably

necessary to carry out the provisions of the Oklahoma Licensed

Perfusionists 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.
Okla. Stat. tit. 59, § 59-858-811 — OK Code / Title 59 / Section 59-858-811
AMC prohibited actions
Status: in_force

An AMC that applies to the Oklahoma Real Estate Appraiser Board

for a registration or to renew a registration to do business in this

state as an AMC shall not:

1. Employ any person who has had a credential issued by any

appraiser-credentialing jurisdiction to act as an appraiser that was

refused, denied, canceled, suspended, revoked, or surrendered in

lieu of a pending disciplinary proceeding in any jurisdiction and

not subsequently reinstated or granted;

2. Knowingly enter into any independent contractor arrangement,

whether in verbal, written, or other form for the performance of

appraisal or appraisal management services, with any person who has

had a credential that was issued by any appraiser-credentialing

jurisdiction to act as an appraiser refused, denied, canceled,

suspended, revoked, or surrendered in lieu of a pending disciplinary

proceeding in any jurisdiction and not subsequently reinstated or

granted; and

3. Knowingly enter into any contract, agreement, or other

business relationship, whether in verbal, written, or any other

form, with any entity that employs, has entered into an independent

contract arrangement, or has entered into any contract, agreement,

or other business relationship, whether in verbal, written, or any

other form for the performance of appraisal or appraisal management

services, with any person who has ever had a credential issued by

any appraiser-credentialing jurisdiction to act as an appraiser that

was refused, denied, canceled, suspended, revoked, or surrendered in

lieu of a pending disciplinary proceeding in any jurisdiction and

not subsequently reinstated or granted.
Okla. Stat. tit. 59, § 59-2095.23 — OK Code / Title 59 / Section 59-2095.23
Authority to conduct investigations and examinations
Status: in_force

A. In addition to any authority allowed under the Oklahoma

Secure and Fair Enforcement for Mortgage Licensing Act, the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1468

Administrator of Consumer Credit shall have the authority to conduct

investigations and examinations of the following:

1. Criminal, civil and administrative history information,

including nonconviction data;

2. Personal history and experience information including

independent credit reports obtained from a consumer reporting agency

described in 15 U.S.C., Section 1681a(p);

3. The financial condition and internal management policies and

procedures of any entity licensed or required to be licensed as a

mortgage lender for purposes of determining that the entity is

operating honestly, fairly and efficiently within the purposes of

the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act;

and

4. Any other documents, information or evidence the

Administrator deems relevant to the inquiry or investigation

regardless of the location, possession, control or custody of such

documents, information or evidence.

B. For the purposes of investigating violations or complaints

arising under the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act or for the purposes of examination, the Administrator

may review, investigate or examine any licensee or entity or

individual subject to the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act, as often as necessary in order to carry out

the purposes of the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act. The Administrator may direct, subpoena or

order the attendance of and examine under oath all individuals whose

testimony may be required about the loans or the business or subject

matter of any such examination or investigation and may direct,

subpoena or order such individual to produce books, accounts,

records, files and any other documents the Administrator deems

relevant to the inquiry. Any examination or investigation report

and any information obtained during an examination or investigation

shall not be subject to disclosure under the Oklahoma Open Records

Act. However, any examination or investigation report and any

information obtained during an examination or investigation shall be

subject to disclosure pursuant to a court order and may also be

disclosed in an individual proceeding and any order issued pursuant

to the Oklahoma Secure and Fair Enforcement for Mortgage Licensing

Act.

C. Each licensee or entity or individual subject to the

Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act

shall make available to the Administrator, upon request, any books

and records relating to the requirements of the Oklahoma Secure and

Fair Enforcement for Mortgage Licensing Act. The Administrator

shall have access to such books and records and interview the

officers, principals, mortgage loan originators, employees,

independent contractors, agents and customers of the licensee,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1469

entities or individual subject to the Oklahoma Secure and Fair

Enforcement for Mortgage Licensing Act concerning the requirements

of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing

Act. Books and records shall be maintained for a period of time

required by rule of the Administrator.

D. Each licensee or entity or individual subject to the

Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act

shall make or compile reports or prepare other information as

directed by the Administrator in order to carry out the purposes of

this section including, but not limited to:

1. Accounting compilations;

2. Information lists and data concerning loan transactions in a

format prescribed by the Administrator; or

3. Such other information deemed necessary to carry out the

purposes of this section.

E. In making any examination or investigation authorized by the

Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act, the

Administrator may control access to any documents and records of the

licensee or entity or individual under examination or investigation.

The Administrator may take possession of the documents and records

or place an entity or individual in exclusive charge of the

documents and records in the place where they are usually kept.

During the period of control, no entity or individual shall remove

or attempt to remove any of the documents and records except

pursuant to a court order or with the consent of the Administrator.

Unless the Administrator has reasonable grounds to believe the

documents or records of the licensee have been, or are at risk of

being, altered or destroyed for purposes of concealing a violation

of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing

Act, the licensee or owner of the documents and records shall have

access to the documents or records as necessary to conduct its

ordinary business affairs.

F. In order to carry out the purposes of this section, the

Administrator may:

1. Retain attorneys, accountants, or other professionals and

specialists as examiners, auditors or investigators to conduct or

assist in the conduct of examinations or investigations;

2. Enter into agreements or relationships with other government

officials or regulatory associations in order to improve

efficiencies and reduce regulatory burden by sharing resources,

standardized or uniform methods or procedures and documents,

records, information or evidence obtained under this section;

3. Use, hire, contract or employ public or privately available

analytical systems, methods or software to examine or investigate

the licensee, entity or individual subject to the Oklahoma Secure

and Fair Enforcement for Mortgage Licensing Act;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1470

4. Accept and rely on examination or investigation reports made

by other government officials, within or without this state;

5. Accept audit reports made by an independent certified public

accountant for the licensee or entity or individual subject to the

Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act in

the course of that part of the examination covering the same general

subject matter as the audit and may incorporate the audit report in

the report of the examination, report of investigation or other

writing of the Administrator; or

6. Participate in multistate mortgage examinations as scheduled

by the Multistate Mortgage Committee established by the Conference

of State Bank Supervisors and the American Association of

Residential Mortgage Regulators.

G. The authority of this section shall remain in effect,

whether such a licensee or entity or individual subject to the

Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act acts

or claims to act under any licensing or registration law of this

state or claims to act without such authority.

H. No licensee or entity or individual subject to investigation

or examination under this section may knowingly withhold, abstract,

remove, mutilate, destroy or secrete any books, records, computer

records or other information.
Okla. Stat. tit. 59, § 59-497 — OK Code / Title 59 / Section 59-497
Duplicate licenses
Status: in_force

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.
Okla. Stat. tit. 59, § 59-698.1 — OK Code / Title 59 / Section 59-698.1
Short title
Status: in_force

Chapter 15 of this title shall be known and may be cited as the

“Oklahoma Veterinary Practice Act”.
Okla. Stat. tit. 59, § 59-475.21 — OK Code / Title 59 / Section 59-475.21
Condition for practice of engineering or surveying by
Status: in_force

firm.

A. The practice of or offer to practice engineering or

surveying by firms authorized under this act, or by more than one

person acting individually through a firm, is permitted provided:

1. The managing agent(s) in responsible charge of such practice

and all personnel who act in behalf of the firm in professional

engineering and surveying matters in this state are licensed under

this act; and

2. The firm has been issued a certificate of authority by the

Board.

B. An engineering or surveying firm requiring a certificate of

authority 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

Oklahoma Statutes - Title 59. Professions and Occupations Page 424

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 authority for the firm to practice engineering and/or

surveying.

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 surveying, pursuant to the provisions of

this act, shall be relieved of responsibility for engineering or

surveying services performed by reason of employment or other

relationship with a firm holding a certificate of authority.

C. The Secretary of State shall not issue a certificate of

incorporation to an applicant, approve for filing articles of

organization for a limited liability company, approve for filing a

certificate of limited partnership or accept a registration as a

foreign firm to a firm which includes in the firm's name or among

the objectives for which it is established any of the words

"Engineer", "Engineering", "Surveyor", "Surveying" or any

modification or derivation thereof unless the Board for these

professions has issued for the applicant a certificate of authority

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.

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 authority issued under the provisions of this

section.

E. The certificate of authority shall be renewed as

hereinbefore provided in Section 475.16 of this title.

F. Firms applying for a certificate of authority shall

designate a managing agent.

Managing agent. A firm offering engineering or surveying

services shall designate an engineer or surveyor, respectively, to

be the managing agent for the firm. A firm offering both

engineering and surveying services must have a licensed professional

engineer and licensed professional surveyor listed as managing

agent. A licensee may not be designated as a managing agent for

more than one firm without prior Board approval. The managing agent

must hold a position of recognized authority within the firm to be

designated as the managing agent. In the case of a corporation, a

licensee must be an officer, principal, director or shareholder of

the firm to be designated as the managing agent. In the case of a

limited liability company or limited liability partnership, the

Oklahoma Statutes - Title 59. Professions and Occupations Page 425

licensee must be a member of the firm to be designated as the

managing agent. In the case of a limited partnership, the licensee

must be a general partner of the firm to be designated as the

managing agent. In the case of a partnership, the licensee must be

an owner of the firm to be designated as the managing agent. If the

ownership is less than fifty percent (50%) ownership, an explanation

must be included as to the extent of authority this partner holds

regarding engineering or surveying decisions, respectively, as it

pertains to paragraphs 1 through 3 of this subsection. A licensee

who is a full-time employee of a firm and holds a position of

recognized authority within the firm but does not hold one of the

above-stated titles may request Board approval to be named the

managing agent by submitting a letter to the Board on firm

letterhead signed by a person within the firm holding one of the

above-stated titles, describing the special circumstances

surrounding the requested exception and the extent of authority this

employee holds regarding engineering or surveying decisions,

respectively, as it pertains to paragraphs 1 through 3 of this

subsection. A licensee who is self-employed, an independent

contractor or who renders consulting engineering or surveying

services to, or for, a firm shall not be designated as a managing

agent. The managing agent's responsibilities include:

1. Renewal of the firm's certificate of authority and

notification to the Board of any change in managing agent or firm's

contact information;

2. Overall administrative supervision of the firm's licensed

and subordinate personnel performing engineering or surveying work

in Oklahoma; and

3. Institution and adherence of policies of the firm that are

in accordance with this act, Section 3-116 et seq. of Title 65 of

the Oklahoma Statutes and the rules of the Board.

G. Out-of-state firms authorized to offer or perform

professional engineering or professional surveying services in

Oklahoma may have one or more branch offices located in Oklahoma

only if the firm has a professional engineer or professional

surveyor, respectively, designated as the managing agent in

Oklahoma. The professional engineer or professional surveyor

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 or

professional surveyor, respectively, in this state. The

professional engineer or professional surveyor designated managing

agent shall be responsible for:

1. Maintaining and renewal of the firm's certificate of

authority and notification to the Board of any change in managing

agent or firm's contact information;

Oklahoma Statutes - Title 59. Professions and Occupations Page 426

2. Overall administrative supervision of the firm's licensed

and subordinate personnel who provide the engineering work in this

state; and

3. The institution of and adherence to policies of the firm

that shall be in accordance with this act, Section 3-116 et seq. of

Title 65 of the Oklahoma Statutes and the rules promulgated by the

Board.
Okla. Stat. tit. 59, § 59-509.1 — OK Code / Title 59 / Section 59-509.1
Disciplinary actions
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 486

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:

1. Revocation of the medical license with or without the right

to reapply;

2. Suspension of the medical license;

3. Probation;

4. Stipulations, limitations, restrictions, and conditions

relating to practice;

5. Censure, including specific redress, if appropriate;

6. Reprimand;

7. A period of free public or charity service;

8. Satisfactory completion of an educational, training, and/or

treatment program or programs; and

9. Administrative fines of up to Five Thousand Dollars

($5,000.00) per violation.

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.

B. LETTER OF CONCERN: The Board may authorize the secretary to

issue a confidential and privileged 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’s discretion, clarifying information from

the licensee.

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.

D. DISCIPLINARY ACTION AGAINST LICENSEES:

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

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 487

because the person’s practice or a therapy is experimental or

nontraditional.

Reports of all disciplinary action provided for in this section

will be available to the public upon request. Investigative files

shall remain confidential and privileged. The Board, its employees,

or other agents of the Board shall keep confidential and privileged

all information that initiated, was obtained during, or is related

to an investigation into possible violations of any and all acts

governing any and all professional licensees under the legislative

jurisdiction of the State Board of Medical Licensure and

Supervision. However, such information may be offered by the state

in administrative proceedings before the Board and if admitted the

information then becomes a public record. Unless admitted into

administrative proceedings, the 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.

E. SURRENDER IN LIEU OF PROSECUTION:

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:

a. expressing the licensee’s desire to surrender the

license,

b. 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,

c. 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

d. specifically admitting to and describing the

misconduct.

2. The sworn written statement must be submitted with the

licensee’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

Oklahoma Statutes - Title 59. Professions and Occupations Page 488

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.

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.

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.

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.
Okla. Stat. tit. 59, § 59-1381 — OK Code / Title 59 / Section 59-1381
Right to practice telepsychology
Status: in_force

A. Compact states shall recognize the right of a psychologist

licensed in a compact state in conformance with Section 4 of this

act to practice telepsychology in other compact states, in which the

psychologist is not licensed, under the authority to practice

interjurisdictional telepsychology as provided in the Compact.

B. To exercise the authority to practice interjurisdictional

telepsychology under the terms and provisions of this Compact, a

psychologist licensed to practice in a compact state must:

1. Hold a graduate degree in psychology from an institute of

higher education that was, at the time the degree was awarded:

a. regionally accredited by an accrediting body

recognized by the United States Department of

Education to grant graduate degrees or authorized by

provincial statute or royal charter to grant doctoral

degrees, or

b. a foreign college or university deemed to be

equivalent to subparagraph a of this paragraph by a

foreign credential evaluation service that is a member

of the National Association of Credential Evaluation

Services (NACES) or by a recognized foreign credential

evaluation service;

2. Hold a graduate degree in psychology that meets the

following criteria:

a. the program, wherever it may be administratively

housed, must be clearly identified and labeled as a

psychology program and such a program must specify in

Oklahoma Statutes - Title 59. Professions and Occupations Page 1094

pertinent institutional catalogues and brochures its

intent to educate and train professional

psychologists,

b. the psychology program must stand as a recognizable,

coherent organizational entity within the institution,

c. there must be a clear authority and primary

responsibility for the core and specialty areas

whether or not the program cuts across administrative

lines,

d. the program must consist of an integrated, organized

sequence of study,

e. there must be an identifiable psychology faculty

sufficient in size and breadth to carry out its

responsibilities,

f. the designated director of the program must be a

psychologist and a member of the core faculty,

g. the program must have an identifiable body of students

who are matriculated in that program for a degree,

h. the program must include supervised practicum,

internship or field training appropriate to the

practice of psychology,

i. the curriculum shall encompass a minimum of three (3)

academic years of full-time graduate study for

doctoral degrees and a minimum of one (1) academic

year of full-time graduate study for a master's

degree, and

j. the program must include an acceptable residency as

defined by the rules of the Commission;

3. Possess a current, full and unrestricted license to practice

psychology in a home state which is a compact state;

4. Have no history of adverse action that violates the rules of

the Commission;

5. Have no criminal record history reported on an identity

history summary that violates the rules of the Commission;

6. Possess a current, active E-Passport;

7. Provide attestations in regard to areas of intended

practice, conformity with standards of practice, competence in

telepsychology technology, criminal background and knowledge and

adherence to legal requirements in the home and receiving states,

and provide a release of information to allow for primary source

verification in a manner specified by the Commission; and

8. Meet other criteria as defined by the rules of the

Commission.

C. The home state maintains authority over the license of any

psychologist practicing in a receiving state under the authority to

practice interjurisdictional telepsychology.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1095

D. A psychologist practicing into a receiving state under the

authority to practice interjurisdictional telepsychology will be

subject to the receiving state's scope of practice. A receiving

state may, in accordance with that state's due process law, limit or

revoke a psychologist's authority to practice interjurisdictional

telepsychology in the receiving state and may take any other

necessary actions under the receiving state's applicable law to

protect the health and safety of the receiving state's citizens. If

a receiving state takes action, the state shall promptly notify the

home state and the Commission.

E. If a psychologist's license in any home state or another

compact state or any authority to practice interjurisdictional

telepsychology in any receiving state is restricted, suspended or

otherwise limited, the E-Passport shall be revoked and therefore the

psychologist shall not be eligible to practice telepsychology in a

compact state under the authority to practice interjurisdictional

telepsychology.
Okla. Stat. tit. 59, § 59-396.16 — OK Code / Title 59 / Section 59-396.16
Records of Board - Contents - Public inspection
Status: in_force

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.
Okla. Stat. tit. 59, § 59-1000.2v2 — OK Code / Title 59 / Section 59-1000.2v2
Construction Industries Board
Status: in_force

A. The Construction Industries Board is hereby re-created to

continue until July 1, 2026, in accordance with the provisions of

the Oklahoma Sunset Law. The Board shall regulate the plumbing,

electrical and mechanical trades, the building and construction

inspectors, the home inspectors, and the roofing contractors through

the powers and duties set forth in the Construction Industries Board

Act and in the respective licensing or registration acts for such

trades, or as otherwise provided by law.

B. 1. Beginning July 1, 2013, the Board shall be composed of

seven (7) members appointed by the Governor with the advice and

consent of the Oklahoma State Senate, as follows:

a. two members shall have at least ten (10) years’

experience in the plumbing trade, of which one shall

be a plumbing contractor and one shall be a journeyman

plumber,

b. two members shall have at least ten (10) years’

experience in the electrical trade, of which one shall

be an electrical contractor and one shall be a

journeyman electrician,

c. two members shall have at least ten (10) years’

experience in the mechanical trade, of which one shall

Oklahoma Statutes - Title 59. Professions and Occupations Page 854

be a mechanical contractor and one shall be a

mechanical journeyman, and

d. one member shall have at least ten (10) years’

experience as a building and construction inspector.

2. Members shall be appointed for staggered terms of four (4)

years, as designated by the Governor. Members shall continue in

office until a successor is appointed by the Governor. The Governor

shall fill all vacancies and unexpired terms in the same manner as

the original appointment of the member whose position is to be

filled. A member may be removed by the Governor at any time.
Okla. Stat. tit. 59, § 59-736.2 — OK Code / Title 59 / Section 59-736.2
Injunction
Status: in_force

Provided that any violation hereof shall be enjoined by any

court having jurisdiction of the parties on the application or

petition of the county attorney of the county in which the violation

occurred, and upon his refusal, by the Attorney General.
Okla. Stat. tit. 59, § 59-1951 — OK Code / Title 59 / Section 59-1951
Definitions
Status: in_force

As used in the Oklahoma Rental-Purchase Act:

1. "Administrator" means the Administrator of the Department of

Consumer Credit as designated in Section 6-501 of Title 14A of the

Oklahoma Statutes;

2. "Advertisement" means any commercial message in any medium

that promotes, directly or indirectly, a consumer rental-purchase

agreement;

3. "Consummation" means the time a lessee becomes contractually

obligated on a consumer rental-purchase agreement;

4. "Displayed or offered primarily for rental-purchase" means

personal property displayed or offered at a physical location which

derives fifty percent (50%) or more of its revenue from rental-

purchase agreements;

5. "Initial fee" means any fee charged to initiate a contract

however designated;

6. "Initial period" means from the date of inception to the

first scheduled renewal payment;

7. "Lessee" means a natural person who rents personal property

under a consumer rental-purchase agreement;

8. "Lessor" means a person who regularly provides the use of

property through consumer rental-purchase agreement; and

9. "Rental-purchase agreement" means an agreement for the use

of personal property by a consumer for personal, family, or

household purposes, for an initial period of four (4) months or

less, that is renewable with each payment after the initial period,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1393

and that permits the consumer to become the owner of the property.

An agreement that complies with this definition is not a consumer

credit sale as defined in Section 2-104 of Title 14A of the Oklahoma

Statutes, or a consumer loan as defined in Section 3-104 of Title

14A of the Oklahoma Statutes, or a refinancing or consolidation

thereof, or a consumer lease as defined in Section 2-106 of Title

14A of the Oklahoma Statutes, or a lease or agreement which

constitutes a security interest as defined in paragraph (35) of

subsection (b) of Section 1-201 of Title 12A of the Oklahoma

Statutes or a lease or agreement which constitutes a sale of goods

as defined in subsection (4) of Section 2-105 of Title 14A of the

Oklahoma Statutes.
Okla. Stat. tit. 59, § 59-3150.15 — OK Code / Title 59 / Section 59-3150.15
Independent hearing examiner – Suspension or
Status: in_force

revocation of license.

A. The Administrator of the Department of Consumer Credit shall

appoint an independent hearing examiner to conduct all

administrative hearings involving alleged violations of Title 14A of

the Oklahoma Statutes. The independent hearing examiner shall have

authority to exercise all powers granted by Article II of the

Administrative Procedures Act in conducting hearings. The

independent hearing examiner shall recommend penalties authorized by

Title 14A of the Oklahoma Statutes and issue proposed orders, with

proposed findings of fact and proposed conclusions of law, to the

Administrator pursuant to Article II of the Administrative

Procedures Act. The Administrator shall review the proposed order

and issue a final agency order in accordance with Article II of the

Administrative Procedures Act. The costs of the hearing examiner

Oklahoma Statutes - Title 59. Professions and Occupations Page 1530

may be assessed by the Administrator against the respondent, unless

the respondent is the prevailing party. Any person aggrieved by a

final agency order of the Administrator may obtain judicial review

in accordance with the Administrative Procedures Act. The

jurisdiction and venue of any such action shall be in the district

court of Oklahoma County or the county of the aggrieved.

B. The Administrator may, after notice and hearing, suspend or

revoke any license if the Administrator finds that the licensee has

knowingly or through lack of due care:

1. Failed to pay any fees, expenses or costs imposed by the

Administrator under the authority of this act;

2. Committed any fraud, engaged in any dishonest activities or

made any misrepresentations;

3. Violated any provision of this act, any administrative rule

promulgated pursuant to this act or any other law in the course of

the licensee's dealings as a licensee;

4. Made a false statement in the application for the license or

failed to give a true reply to a question in the application; or

5. Demonstrated incompetency or untrustworthiness to act as a

licensee.

C. If the reason for revocation or suspension of a licensee's

license at any one location is of general application to all

locations operated by a licensee, the Administrator may revoke or

suspend all licenses issued to a licensee.

D. A hearing shall be held on written notice given at least

twenty (20) days prior to the date of the hearing and shall be

conducted in accordance with the Administrative Procedures Act.
Okla. Stat. tit. 59, § 59-15.14A — OK Code / Title 59 / Section 59-15.14A
Permits
Status: in_force

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 or exempt from the registration

requirements of paragraph 3 of subsection A of Section 15.15 of this

title.

B. The Board shall promulgate rules establishing the

qualifications for obtaining a permit to practice public accounting

in this state. Such rules shall include but not be limited to

provisions that:

1. Any individual seeking a permit must have a valid

certificate or license;

2. Any individual or entity seeking a permit must be registered

pursuant to the provisions of the Oklahoma Accountancy Act;

Oklahoma Statutes - Title 59. Professions and Occupations Page 71

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

4. There shall be no examination for obtaining a permit.

C. All such individuals shall, upon application and compliance

with the rules establishing qualifications for obtaining a permit

and payment of the fees, be granted an annual permit to practice

public accounting in this state. All permits issued shall be

renewed on the last day of the individual’s birth month in

conjunction with the registrant’s certificate or license renewal.

The Board may issue interim permits upon payment of the same fees

required for annual permits.

D. Failure to apply for and obtain a permit shall disqualify an

individual from practicing public accounting in this state until

such time as a valid permit has been obtained.

E. The Board shall charge a fee for each individual permit not

to exceed Two Hundred Dollars ($200.00).
Okla. Stat. tit. 59, § 59-1515 — OK Code / Title 59 / Section 59-1515
Copy or report of buy transaction or pawn transaction to
Status: in_force

be made available to local law enforcement officials - Items bought

to be held for specified time - Written declaration of ownership

required of seller or pledgor.

A. Any pawnbroker shall make available a copy or report within

two (2) days of any buy or pawn transaction to the local law

enforcement agency of the municipality or other political

subdivision in which the pawnshop is located; provided, merchandise

bought on invoice from a manufacturer or wholesaler with an

established place of business is exempt from this reporting

requirement. However, such invoice shall be shown upon request to

the Administrator or his duly authorized representative or any

authorized peace officer. The pawnbroker may provide the

transaction report to the local law enforcement agency by either

electronically reporting the information in the transaction report

to an electronic database accessible only by law enforcement

agencies or by reporting a physical copy of the transaction report

directly to the law enforcement agency. The transaction report

shall include:

1. The name and address of the pawnshop;

2. The name, address, race, sex, weight, height, date of birth

and either identification number of the seller or pledger as

verified by either a state-issued identification card, driver's

license or federal government-issued identification card or by

readable fingerprint of right or left index finger on the back of

the pawn or buy transaction copy to be retained for the pawnbroker's

record;

3. The transaction number for the buy or pawn transaction;

4. The date and time of the transaction;

5. The manufacturer of the item;

6. A description of the item; and

7. The serial number and model number where available and any

other identifying markings.

B. Items bought, except on invoice from a manufacturer or

wholesaler with an established place of business, shall be held for

ten (10) days before being disposed of or sold.

C. The pawnbroker shall obtain a written declaration of

ownership from the seller or pledgor on all buy and pawn

transactions, except refinance pawn transactions or merchandise

bought from a manufacturer or wholesaler with an established place

of business. The seller or pledgor shall be required to state how

long he has owned the property described in the transaction. The

declaration of ownership shall appear on the bill of sale or pawn

Oklahoma Statutes - Title 59. Professions and Occupations Page 1145

ticket, to be completed by the seller or the pledgor at the time of

the transaction.enforcement officials - Items bought to be held for specified time - Written declaration of
Okla. Stat. tit. 59, § 59-1725 — OK Code / Title 59 / Section 59-1725
Removal from Committee - Grounds
Status: in_force

A. It shall be a ground for removal from the Committee if a

member:

1. does not have at the time of appointment the qualifications

required for appointment to the Committee;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1222

2. does not maintain during service on the Committee the

qualifications required for appointment to the Committee; or

3. violates any provision of the Licensed Dietitian Act.

B. If a ground for removal of a member from the Committee

exists, the Committee's actions taken during the existence of the

ground for removal are valid.
Okla. Stat. tit. 59, § 59-4200.5 — OK Code / Title 59 / Section 59-4200.5
License requirements – Definitions
Status: in_force

A. Between the effective date of this act and May 1, 2017, the

State Board of Cosmetology and Barbering shall issue a license to

practice massage therapy to any person who files a completed

application, accompanied by the required fees, and who submits

satisfactory evidence that the applicant:

1. Is at least eighteen (18) years of age;

2. Has one or more of the following:

a. documentation that the applicant has completed and

passed a nationally recognized competency examination

in the practice of massage therapy,

b. an affidavit of at least five (5) years of work

experience in the state, or

c. a certificate and transcript of completion from a

massage school with at least five hundred (500) hours

of education;

3. Provides proof of documentation that the applicant currently

maintains liability insurance for practice as a massage therapist;

and

4. Provides full disclosure to the Board of any criminal

proceeding taken against the applicant including but not limited to

pleading guilty or nolo contendere to, or receiving a conviction

for, a felony crime that substantially relates to the practice of

massage therapy and poses a reasonable threat to public safety.

B. To assist in determining the entry-level competence of an

applicant who makes application for a license after May 1, 2017, the

Board may adopt rules establishing additional standards or criteria

for examination acceptance and may adopt only those examinations

that meet the standards outlined in Section 4200.8 of this title.

C. 1. After May 1, 2017, except as otherwise provided in the

Massage Therapy Practice Act, every person desiring to practice

massage therapy in this state shall be required to first obtain a

license from the Board.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1561

2. After May 1, 2017, the Board may issue a license to an

applicant who:

a. is at least eighteen (18) years of age,

b. provides documentation that the applicant has

completed the equivalent of five hundred (500) hours

of formal education in massage therapy from a state-

licensed school,

c. provides documentation that the applicant has passed a

nationally recognized competency examination approved

by the Board,

d. provides proof that the applicant currently maintains

liability insurance for practice as a massage

therapist, and

e. provides full disclosure to the Board of any criminal

proceeding taken against the applicant including

pleading guilty or nolo contendere to, or receiving a

conviction for, a felony crime that substantially

relates to the practice of massage therapy and poses a

reasonable threat to public safety.

D. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.
Okla. Stat. tit. 59, § 59-1256.1 — OK Code / Title 59 / Section 59-1256.1
Powers and duties of Board
Status: in_force

A. The State Board of Licensed Social Workers shall be

responsible for the control and regulation of the practice of social

work in this state and shall conduct its business in accordance with

the Administrative Procedures Act. The Board’s authority includes,

but is not limited to, the following:

1. The licensing by examination or by reciprocity of applicants

who are qualified to engage in the practice of social work under the

provisions of this act;

2. The renewal of licenses to engage in the practice of social

work;

3. The establishment and enforcement of compliance with

professional standards of practice and rules of conduct of social

workers engaged in the practice of social work;

4. The determination and issuance of standards for recognition

and approval of degree programs of schools and colleges of social

work whose graduates may be eligible for licensure in this state,

and the specification and enforcement of requirements for practical

training;

5. The investigation of any activities related to the practice

or unauthorized practice of social work. In conducting such

investigations, the Board shall have the power to subpoena and to

bring before it any person and to take testimony either orally or by

deposition, or both, in the same manner as prescribed in civil cases

in the courts of this state. Any member of the Board, hearing

officer, or administrative law judge shall have power to administer

oaths to witnesses at any hearing which the Board is authorized to

conduct. Following such investigation, the Board may suspend,

revoke or restrict licenses to engage in the practice of social

work;

Oklahoma Statutes - Title 59. Professions and Occupations Page 965

6. With probable cause that an applicant or licensee has

engaged in conduct prohibited by this act or a rule promulgated by

the Board, the issuance of a request that the applicant or licensee

submit to a mental or physical examination or chemical dependency

evaluation. If the applicant or licensee refuses to submit to the

examination or evaluation, the Board shall issue an order requiring

the licensee or applicant to show cause why he or she will not

submit to the examination and shall schedule a hearing on the order

within thirty (30) days after notice is served on the applicant or

licensee by personal service or certified mail. At the hearing, the

applicant or licensee and the applicant or licensee’s attorney are

entitled to present any testimony to show why the applicant or

licensee should not be required to submit to the examination. After

a complete hearing, the Board shall issue an order either requiring

the applicant or licensee to submit to the examination or

withdrawing the request for the examination. The license in

question may be suspended until the results of the examination are

received and reviewed by the Board;

7. The collection of professional demographic data;

8. The issuance of licenses of all persons engaged in the

practice of social work;

9. The inspection of any licensed person, at all reasonable

hours, for the purpose of determining if any provisions of the laws

governing the practice of social work are being violated. The

Board, its officers, inspectors, and representatives shall cooperate

with all agencies charged with the enforcement of the laws of the

United States, of this state, and of all other states relating to

the practice of social work;

10. The promulgation of such rules as may be deemed necessary

by the Board for the proper administration and enforcement of this

act in accordance with the Administrative Procedures Act;

11. The administration of examinations for licensure pursuant

to the following:

a. any examination for licensure required under this act

shall be given by the Board at least two times during

each year. The Board shall determine the content and

subject matter of each examination and the place,

time, and date of administration of the examination,

and

b. the examination shall be prepared to measure the

competence of the applicant to engage in the relevant

practice of social work. The Board may employ,

cooperate, and contract with any organization or

consultant in the preparation, administration and

grading of an examination, but shall retain the sole

discretion and responsibility for determining which

Oklahoma Statutes - Title 59. Professions and Occupations Page 966

applicants have successfully passed such an

examination;

12. The establishment of such requirements for supervised

practice or any other experiential program necessary to qualify an

applicant for any licensure examination under this act, including

determination of the qualifications of supervisors used in

supervision programs;

13. The acquisition of a membership in such professional

organizations and associations organized exclusively to promote the

improvement of the standards of the practice of social work for the

protection of the health and welfare of the public or whose

activities assist and facilitate the work of the Board;

14. The establishment of a “Bill of Rights” for clients

concerning the services a client may expect in regard to social work

services; and

15. In addition to the fees specifically provided for in this

act, the establishment of fees including, but not limited to, the

following:

a. issuance of duplicate certificates or identification

cards,

b. copies of any documents,

c. certification of documents, and

d. issuance of licenses by reciprocity.
Okla. Stat. tit. 59, § 59-1932 — OK Code / Title 59 / Section 59-1932
Professions excluded from application of act - Practice
Status: in_force

of other professions by LBP forbidden - Exemptions from licensure

requirements.

A. The Licensed Behavioral Practitioner Act shall not be

construed to include the pursuits of the following professionals

acting within the scope of their duties as such professionals, nor

shall the title "Licensed Behavioral Practitioner" or "LBP" be used

by such professionals:

Oklahoma Statutes - Title 59. Professions and Occupations Page 1381

1. Physicians, psychologists, social workers, licensed

professional counselors, marital and family therapists, and

attorneys, who are licensed by their respective licensing

authorities;

2. Rehabilitation counselors, vocational evaluation

specialists, psychiatric and mental health nurses, alcohol and drug

counselors, school administrators, school teachers, and school

counselors, who are certified by their respective certifying

authorities;

3. Persons in the employ of accredited institutions of higher

education, or in the employ of local, state, or federal government;

and

4. Members of the clergy and lay pastoral counselors.

B. The Licensed Behavioral Practitioner Act shall not be

construed to allow the practice of any of the professions specified

in subsection A of this section by a licensed behavioral

practitioner unless the licensed behavioral practitioner is also

licensed or accredited by an appropriate agency, institution, or

board.

C. 1. The activities and services of a person in the employ of

a private nonprofit behavioral services provider contracting with

the state to provide behavioral services with the state shall be

exempt from licensure as a Licensed Behavioral Practitioner if such

activities and services are a part of the official duties of such

person with the private nonprofit agency.

2. Any person who is unlicensed and operating under these

exemptions shall not use any of the following official titles or

descriptions:

a. psychologist, psychology, or psychological,

b. licensed social worker,

c. clinical social worker,

d. certified rehabilitation specialist,

e. licensed professional counselor,

f. psychoanalyst,

g. marital and family therapist, or

h. licensed behavioral practitioner.

3. Such exemption to the provisions of this section shall apply

only while the unlicensed individual is operating under the auspices

of a contract with the state and within the employ of the nonprofit

agency contracting with the state. Such exemption will not be

applicable to any other setting.

4. State agencies contracting to provide behavioral health

services shall strive to ensure that quality of care is not

compromised by contracting with external providers and that the

quality of service is at least equal to the service that would be

delivered if that agency were able to provide the service directly.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1382

5. The persons exempt under the provisions of this subsection

shall provide services that are consistent with their training and

experience.

6. Agencies shall also ensure that the entity with which they

are contracting has qualified professionals in its employ and that

sufficient liability insurance is in place to allow for reasonable

recourse by the public.

D. 1. The activities and services of a person in the employ of

a private for-profit behavioral services provider contracting with

the state to provide behavioral services to youth and families in

the care and custody of the Office of Juvenile Affairs or the

Department of Human Services on March 14, 1997, shall be exempt from

licensure as a Licensed Behavioral Practitioner if such activities

and services are a part of the official duties of such person with

the private for-profit contracting agency.

2. Any person who is unlicensed and operating pursuant to the

exemptions specified in this subsection shall not use any of the

following official titles or descriptions:

a. psychologist, psychology, or psychological,Oklahoma Statutes - Title 59. Professions and Occupations Page 37licensure as a Licensed Behavioral Practitioner if such activities

and services are a part of the official duties of such person with

the private for-profit contracting agency.

2. Any person who is unlicensed and operating pursuant to the

exemptions specified in this subsection shall not use any of the

following official titles or descriptions:

a. psychologist, psychology, or psychological,

b. licensed social worker,

c. clinical social worker,

d. certified rehabilitation specialist,

e. licensed professional counselor,

f. psychoanalyst,

g. marital and family therapist, or

h. licensed behavioral practitioner.

3. Such exemption to the provisions of this section shall apply

only while the unlicensed individual is operating under the auspices

of a contract with the state and within the employ of the for-profit

agency contracting with the state. Such exemption shall only be

available for ongoing contracts and contract renewals with the same

state agency and will not be applicable to any other setting.

4. State agencies contracting to provide behavioral health

services shall strive to ensure that quality of care is not

compromised by contracting with external providers and that the

quality of service is at least equal to the service that would be

delivered if that agency were able to provide the service directly.

5. The persons exempt under the provisions of this section

shall provide services that are consistent with their training and

experience.

6. Agencies shall also ensure that the entity with which they

are contracting has qualified professionals in its employ and that

sufficient liability insurance is in place to allow for reasonable

recourse by the public.
Okla. Stat. tit. 59, § 59-396.1 — OK Code / Title 59 / Section 59-396.1
Oath of office
Status: in_force

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.
Okla. Stat. tit. 59, § 59-15.12A — OK Code / Title 59 / Section 59-15.12A
Holders of certificate or license from another state -
Status: in_force

Consent to jurisdiction – Compliance with Board rules - State

licensees practicing in another state.

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’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’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.

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’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’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.

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 65

license holder hereby simultaneously consent, as a condition of the

granting of this privilege:

a. to the personal and subject matter jurisdiction and

disciplinary authority of the Board,

b. to comply with the Oklahoma Accountancy Act and the

Board’s rules,

c. that in the event the certificate holder or license

holder from the jurisdiction of the individual’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

d. 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.

4. A certified public accounting or public accounting firm that

is not subject to the requirements of paragraph 1 or 2 of subsection

A of Section 15.15 of this title may perform services described in

subsection 12 of Section 15.1A of this title and other nonattest

professional services while using the title “CPA” or “CPA firm” in

this state without a firm license, permit, or notice to the Board if

the firm’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, and the firm can lawfully

do so where the individuals with practice privileges have their

principal place of business.

5. An individual who has been granted practice privileges under

this section whose attest services described in paragraph 5 of

Section 15.1A of this title may only do so through a firm which

meets the requirements of paragraph 3 of subsection A of Section

15.15 of this title for exemption from the registration requirements

or which has obtained a registration under Section 15.15 of this

title and a permit issued under Section 15.15A of this title.

B. A registrant of this state offering or rendering services or

using the registrant’s CPA or PA title in another jurisdiction shall

be subject to disciplinary action in this state for an act committed

in another jurisdiction which would subject the certificate or

license holder to discipline in that jurisdiction. The Board shall

be required to investigate any complaint made by the board of

accountancy of another jurisdiction.
Okla. Stat. tit. 59, § 59-858-802 — OK Code / Title 59 / Section 59-858-802
Purpose of act
Status: in_force

It is the intent of the Legislature to develop a process for

real estate appraisal management company registration and regulation

Oklahoma Statutes - Title 59. Professions and Occupations Page 778

in order to protect lenders, financial institutions, clients,

consumers and the public from economic and financial harm and the

potential for such harm that may result from interference with the

independence, objectivity, and impartiality of the real estate

appraisal process.

The purpose of the Oklahoma Appraisal Management Company

Regulation Act is to provide a process for the registration and

regulation of entities conducting, performing or engaging in, or

attempting to conduct, perform or engage in, real estate appraisal

management services as a real estate appraisal management company

within the State of Oklahoma.
Okla. Stat. tit. 59, § 59-396.2 — OK Code / Title 59 / Section 59-396.2
Definitions
Status: in_force

As used in the Funeral Services Licensing Act:

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;

2. "Funeral director" means a person who:

a. 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,

b. 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,

c. 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,

d. sells funeral service merchandise to the public, or

e. is responsible for the legal and ethical operation of

a crematory;

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;

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;

Oklahoma Statutes - Title 59. Professions and Occupations Page 368

5. "Board" means the Oklahoma Funeral Board;

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;

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;

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;

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;

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;

11. "Outer enclosure" means a grave liner, grave box, or grave

vault;

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;

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;

14. "Cremation" means the technical process, using heat and

flame, or heat and pressure, that reduces human remains to essential

elements, including 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,

or through alkaline hydrolysis;

Oklahoma Statutes - Title 59. Professions and Occupations Page 369

15. "Crematory" means a structure containing a furnace or

alkaline hydrolysis vessel used or intended to be used for the

cremation of human remains. The term includes a facility that

cremates human remains through alkaline hydrolysis; and

16. "Alkaline hydrolysis" means the reduction of human remains

to bone fragments and essential elements in a licensed crematory

using heat, pressure, water and base chemical agents.
Okla. Stat. tit. 59, § 59-1429 — OK Code / Title 59 / Section 59-1429
Renumbered as § 11-98 of Title 2 by Laws 2014, c. 18, §
Status: in_force

11, eff. Nov. 1, 2014.
Okla. Stat. tit. 59, § 59-1458 — OK Code / Title 59 / Section 59-1458
Minimum qualifications for registration – Definitions
Status: in_force

A. The following shall be considered as minimum evidence

satisfactory to the Polygraph Examiners Board that the applicant is

qualified for registration as a polygraph examiner:

1. Attainment of at least twenty-one (21) years of age;

2. Citizenship of the United States;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1117

3. Never having been convicted of a felony crime that

substantially relates to the occupation of a polygraph examiner and

poses a reasonable threat to public safety; and

4. a. hold a baccalaureate degree from a college or

university accredited by the American Association of

Collegiate Registrars and Admissions Officers, or, in

lieu thereof, be a graduate of an accredited high

school and have five (5) consecutive years of active

investigative experience of a character satisfactory

to the Board,

b. be a graduate of a polygraph examiners course approved

by the Board and have satisfactorily completed not

less than six (6) months of internship training, and

c. have passed an examination conducted by and to the

satisfaction of the Board, or under its supervision,

to determine his competency to obtain a license to

practice as an examiner.

B. Beginning July 1, 1996, employees of the Oklahoma State

Bureau of Investigation (OSBI) who are employed on that date by the

OSBI as polygraphers shall become licensed pursuant to the Polygraph

Examiners Act without undergoing the testing and training

requirements provided for in subparagraphs b and c of paragraph 4 of

subsection A of this section. Any person who is employed as a

polygrapher for the OSBI after July 1, 1996, shall be required to

meet the testing and training requirements prior to licensure.

C. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.
Okla. Stat. tit. 59, § 59-1501 — OK Code / Title 59 / Section 59-1501
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Pawnshop Act".
Okla. Stat. tit. 59, § 59-567.16a — OK Code / Title 59 / Section 59-567.16a
Establishing advisory committees
Status: in_force

The Oklahoma Board of Nursing may establish advisory committees

as necessary to assist the Board in its efforts to protect the

health and welfare of the citizens.
Okla. Stat. tit. 59, § 59-481v2 — OK Code / Title 59 / Section 59-481v2
State Board of Medical Licensure and Supervision -
Status: in_force

Members.

A State Board of Medical Licensure and Supervision hereinafter

referred to as the "Board", is hereby re-created, to continue until

July 1, 2030, 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 four (4) 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.
Okla. Stat. tit. 59, § 59-1925.7 — OK Code / Title 59 / Section 59-1925.7
Examinations
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 1371

A. Examinations shall be held at such times, at such place and

in such manner as the State Board of Behavioral Health Licensure

directs. An examination shall be held at least annually.

Examinations may be written or oral or both written and oral. In

any written examination each applicant shall be designated so that

such applicant's name shall not be disclosed to the Board until the

examinations have been graded. Examinations shall include questions

in such theoretical and applied fields as the Board deems most

suitable to test an applicant's knowledge and competence to engage

in the practice of marital and family therapy.

B. The Board shall determine the acceptable grade on

examinations. If an applicant fails to pass the examinations, the

applicant may reapply.

C. The Board shall preserve answers to any examination, and the

applicant's performance on each section, as part of the records of

the Board for a period of two (2) years following the date of the

examination.
Okla. Stat. tit. 59, § 59-328.49v1 — OK Code / Title 59 / Section 59-328.49v1
Unlawful practices - Criminal and civil actions
Status: in_force

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.

B. 1. It shall be unlawful for any person, except a licensed

dentist, to:

a. practice or attempt to practice dentistry,

b. hold oneself out to the public as a dentist or as a

person who practices dentistry, or

c. employ or use the words "Doctor" or "Dentist", or the

letters "D.D.S." or "D.M.D.", or any modification or

derivative thereof, when such use is intended to give

the impression that the person is a dentist.

2. It shall be unlawful for any person, except a registered

dental hygienist, to:

a. practice or attempt to practice dental hygiene,

b. hold oneself out to the public as a dental hygienist

or as a person who practices dental hygiene, or

c. employ or use the words "Registered Dental Hygienist",

or the letters "R.D.H.", or any modification or

Oklahoma Statutes - Title 59. Professions and Occupations Page 266

derivative thereof, when such use is intended to give

the impression that the person is a dental hygienist.

3. It shall be unlawful for any person to:

a. give false or fraudulent evidence or information to

the Board in an attempt to obtain any license or

permit from the Board, or

b. aid or abet another person in violation of the State

Dental Act.

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.

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.

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 Class D1 felony offense 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 as provided

for in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, or by both such fine and imprisonment.

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.

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 267

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.

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.
Okla. Stat. tit. 59, § 59-4200.4 — OK Code / Title 59 / Section 59-4200.4
Authority of State Board of Cosmetology and Barbering - Advisory Board on Massage
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 43Advisory Board on Massage Therapy - License fees

A. The State Board of Cosmetology and Barbering is hereby

authorized to adopt and promulgate rules pursuant to the

Administrative Procedures Act that are necessary for the

implementation and enforcement of the Massage Therapy Practice Act,

including, but not limited to, qualifications for licensure,

renewals, reinstatements, and continuing education requirements.

B. The State Board of Cosmetology and Barbering is hereby

empowered to perform investigations, to require the production of

records and other documents relating to practices regulated by the

Massage Therapy Practice Act, and to seek injunctive relief.

C. There is hereby created an Advisory Board on Massage

Therapy. The Advisory Board on Massage Therapy shall assist the

Board in carrying out the provisions of this section regarding the

qualifications, examination, registration, regulation, and standards

of professional conduct of massage therapists. The Advisory Board

on Massage Therapy shall consist of five (5) members to be appointed

by the Governor for four-year terms as follows:

Oklahoma Statutes - Title 59. Professions and Occupations Page 1560

1. Three members who shall be licensed massage therapists and

have practiced in Oklahoma for not less than three (3) years prior

to their appointment;

2. One member who shall be an administrator or faculty member

of a nationally accredited school of massage therapy; and

3. One who shall be a citizen member.

D. The fee for any license issued between the effective date of

this act and May 1, 2017, shall be Twenty-five Dollars ($25.00).

The fee or renewal fee for any massage therapy license issued after

May 1, 2017, shall be Fifty Dollars ($50.00) per year. A duplicate

license fee shall be Ten Dollars ($10.00).
Okla. Stat. tit. 59, § 59-626 — OK Code / Title 59 / Section 59-626
Organization - Officers - Duties - Bond - Expenditures -
Status: in_force

Employees - Inspection of records and facilities of licensee or

applicant for license.

A. 1. The State Board of Osteopathic Examiners shall,

immediately after the members have qualified, elect a president,

vice president and secretary.

2. The president of the Board shall preside at all meetings of

the Board and perform such other duties as the Board by its rule may

prescribe.

3. The vice president shall perform all the duties of the

president, during the president’s absence or disability.

4. The secretary shall ensure a record is kept of all

proceedings of the Board and perform such other duties as are

prescribed in the Oklahoma Osteopathic Medicine Act, or which may be

prescribed by the Board.

B. The Board and such employees as determined by the Board

shall be bonded as required by Sections 85.58Q through 85.58V of

Title 74 of the Oklahoma Statutes.

C. The Board may expend such funds as are necessary in

implementing the duties of the Board. The Board may hire:

1. An executive director, who may hire all necessary

administrative, clerical and stenographic assistance as the Board

shall deem necessary and consistent with a budget to be fixed by the

Board;

2. An attorney to represent the Board in legal matters and to

assist authorized state and county officers in prosecuting or

restraining violations of the provisions of the Oklahoma Osteopathic

Medicine Act; and

3. One or more investigators, at least one of whom shall be

certified by the Council on Law Enforcement Education and Training

as a peace officer, as may be necessary to implement the provisions

of the Oklahoma Osteopathic Medicine Act. In addition, the

Oklahoma Statutes - Title 59. Professions and Occupations Page 622

investigators may investigate and inspect, through use of a Board

subpoena, the nonfinancial business records of all persons licensed

pursuant to the Oklahoma Osteopathic Medicine Act in order to

determine whether or not licensees are in compliance with the

Oklahoma Osteopathic Medicine Act and the Uniform Controlled

Dangerous Substances Act or any other law, rule of this state, or

any federal law or rule affecting the practice of osteopathic

medicine.

D. Any licensee or applicant for license subject to the

provisions of the Oklahoma Osteopathic Medicine Act shall be deemed

to have given consent after presented with a Board subpoena by any

duly authorized employee or agent of the Board to access, enter, or

inspect the records, either on-site or at the Board office, or

facilities of such licensee or applicant subject to the Oklahoma

Osteopathic Medicine Act. Unless the Board subpoena is legally

challenged, refusal to allow such access, entry, or inspection may

constitute grounds for the denial, nonrenewal, suspension, or

revocation of a license. Upon refusal of such access, entry, or

inspection, pursuant to this section, the Board or a duly authorized

representative may make application to enforce the Board subpoena or

to obtain a search warrant from the district court where the

facility or records are located to allow such access, entry, or

inspection.
Okla. Stat. tit. 59, § 59-2053 — OK Code / Title 59 / Section 59-2053
State Board of Examiners of Perfusionists - Membership
Status: in_force

A. There is hereby re-created until July 1, 2027, in accordance

with the provisions of the Oklahoma Sunset Law, the State Board of

Examiners of Perfusionists. The Board shall administer the

provisions of the Oklahoma Licensed Perfusionists Act. The Board

shall consist of nine (9) members, appointed by the State Board of

Medical Licensure and Supervision.

B. The initial appointments for each member shall be for

progressive terms of one (1) through three (3) years so that only

one term expires each calendar year; subsequent appointments shall

be for five-year terms. Members of the Board shall serve at the

pleasure of and may be removed from office by the appointing

authority. No member shall serve more than three consecutive terms.

Members shall continue to serve until their successors are

appointed. Any vacancy shall be filled in the same manner as the

original appointments. Five members shall constitute a quorum.

C. The Board shall be composed as follows:

1. Three members shall be members of the general public;

2. Four members shall be licensed perfusionists appointed from

a list of not less than ten licensed perfusionists submitted by a

statewide organization representing licensed perfusionists; and

3. Two members shall be physicians licensed pursuant to the

Oklahoma Allopathic Medical and Surgical Licensure and Supervision

Act and who are also board certified in cardiovascular surgery.

D. The licensed perfusionist members shall have been engaged in

rendering perfusion services to the public, teaching perfusion care,

or research in perfusion care, for at least five (5) years

immediately preceding their appointments. These members shall at

all times be holders of valid licenses for the practice of perfusion

in this state, except for the members first appointed to the Board.

These initial members shall, at the time of appointment, be

credentialed as a Certified Clinical Perfusionist (CCP) conferred by

the American Board of Cardiovascular Perfusion (ABCP) or its

successor organization, and all shall fulfill the requirements for

Oklahoma Statutes - Title 59. Professions and Occupations Page 1424

licensure pursuant to the Oklahoma Licensed Perfusionists Act. All

members of the Board shall be residents of this state.

E. Upon expiration or vacancy of the term of a member, the

respective nominating authority may, as appropriate, submit to the

appointing authority a list of not less than three persons qualified

to serve on the Board to fill the expired term of their respective

member. Appointments may be made from these lists by the appointing

authority and additional lists may be provided by the respective

organizations if requested by the appointing authority.

F. It shall be a ground for removal from the Board if a member:

1. Does not have at the time of appointment the qualifications

required for appointment to the Board;

2. Does not maintain during service on the Board the

qualifications required for appointment to the Board;

3. Violates a prohibition established pursuant to the Oklahoma

Licensed Perfusionists Act;

4. Cannot discharge the member’s term for a substantial part of

the term for which the member is appointed because of illness or

disability; or

5. Is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by a majority vote of

the Board.
Okla. Stat. tit. 59, § 59-4100 — OK Code / Title 59 / Section 59-4100
Short title - Military Service Occupation, Education and
Status: in_force

Credentialing Act.

This act shall be known and may be cited as the "Military

Service Occupation, Education and Credentialing Act".
Okla. Stat. tit. 59, § 59-147 — OK Code / Title 59 / Section 59-147
Penalties - Guidelines
Status: in_force

A. The Board of Podiatric Medical Examiners is authorized,

after notice and opportunity for a hearing pursuant to Article II of

the Administrative Procedures Act, to issue an order imposing one or

more of the following penalties whenever the Board finds, by clear

and convincing evidence, that a podiatric physician has committed

any of the acts or occurrences set forth in Section 148 of this

title:

1. Disapproval of an application for a renewal license;

2. Suspension of a license issued by the Board for a maximum

period of three (3) years;

3. Revocation of a license issued by the Board;

4. An administrative fine not to exceed One Thousand Dollars

($1,000.00) for each count or separate violation;

5. A censure or reprimand;

6. Placement on probation for a period of time and under such

terms and conditions as deemed appropriate by the Board;

7. Restriction of the practice of a podiatric physician under

such terms and conditions as deemed appropriate by the Board; and

8. Payment of costs associated with a disciplinary proceeding.

B. The Board may, by rule, establish guidelines for the

disposition of disciplinary cases involving specific types of

violations. The guidelines may include:

1. Minimum and maximum administrative fines;

2. Periods of suspension, probation or supervision;

3. Terms and conditions of probation; and

4. Terms and conditions for the reinstatement of a license.

Oklahoma Statutes - Title 59. Professions and Occupations Page 150

C. The Board is authorized to issue a confidential letter of

concern to a podiatric physician when, though evidence does not

warrant initiation of an individual proceeding, the Board has noted

indications of possible errant conduct by the podiatric physician

that could lead to serious consequences and formal action by the

Board.

D. A podiatric physician against whom a penalty is imposed by

an order of the Board pursuant to the provisions of this section

shall have the right to seek a judicial review of such order

pursuant to Article II of the Administrative Procedures Act.
Okla. Stat. tit. 59, § 59-1151.10 — OK Code / Title 59 / Section 59-1151.10
Issuance or denial of registration or endorsement –
Status: in_force

Renewal – Denial hearing.

Oklahoma Statutes - Title 59. Professions and Occupations Page 931

A. Within twenty-five (25) calendar days from the date of

application, the registrar shall either issue or deny the roofing

contractor registration. No registration shall be issued to a

qualifying party until the registrar receives all documentation and

fees necessary to obtain a registration certificate in good

standing. The registration certificate issued on an original

application entitles the person to act as a roofing contractor

within this state, subject to the limitations of the Roofing

Contractor Registration Act. Until January 1, 2015, all

registrations shall expire on June 30 of each year and may be

renewed from year to year. Beginning no later than January 1, 2015,

all registrations issued shall be renewed based on staggered

expiration dates of the last day of the birth month of the

qualifying party so that all registrations and endorsements shall

expire on the last day in the birth month of the qualifying party.

The Construction Industries Board is authorized to prorate

registration and renewal fees, as described by rule, so that

beginning January 1, 2015, or thirty (30) days after rules have been

approved, fees for renewals previously due by June 30, 2015, are

prorated and converted to be due the last day of the birth month of

the qualifying party by shortening or lengthening the next renewal

date by up to six (6) months. Beginning November 1, 2014, new

initial registrations and endorsements will be issued for up to

eighteen (18) months and due for renewal the last day of the birth

month of the qualifying party. After initial proration or

conversion to birth month, no subsequent registration or endorsement

shall be issued for longer than one (1) year and all endorsements

shall expire on the last day in the birth month of the qualifying

party. The Construction Industries Board shall implement rules for

the scheduling of expiration and renewal of registrations and

endorsements, including the prorating of fees and the identification

and information of the qualifying party. The commercial or

residential roofer endorsement shall expire on the expiration date

of the supporting registration.

B. An applicant or qualifying party whose registration or

endorsement is refused or denied by the registrar may obtain a

hearing before the Committee of Roofing Examiners with written

notice to the registrar of the grounds for appeal and identification

of evidence to be presented in support of the application

requirements and any other information showing the applicant’s

ability and willingness to comply with the requirements of the act,

and to protect the public health, safety and welfare. Such appeals

to the Committee of Roofing Examiners shall be made by the

qualifying party in writing to the registrar within fourteen (14)

days from the date of the written notification of denial or refusal

to register or endorse.

Oklahoma Statutes - Title 59. Professions and Occupations Page 932

C. The Construction Industries Board shall issue a commercial

or residential roofer endorsement to any person who:

1. Has been certified by the Committee of Roofing Examiners as

having successfully passed the appropriate examination; and

2. Has paid the application and endorsement fee and has

otherwise complied with all of the provisions of the commercial or

residential roofer endorsement of the Roofing Contractor

Registration Act. The endorsement fee is hereby established as up

to Two Hundred Dollars ($200.00). Renewal of a commercial or

residential roofer endorsement shall be One Hundred Dollars

($100.00).

Endorsements renewed more than thirty (30) days following the

date of expiration may only be renewed upon application and payment

of the required fees and payment of late renewal fee in the amount

of One Hundred Dollars ($100.00).

No endorsement shall be renewed unless the licensee has

completed the required hours of continuing education recommended by

the Committee and set forth by rule.

No late fee shall be charged to renew a registration or

endorsement which expired while the applicant was in active military

service, if application for renewal is made within one (1) year of

discharge from active duty status.
Okla. Stat. tit. 59, § 59-46.38v2 — OK Code / Title 59 / Section 59-46.38v2
Registration of licensed interior designers -
Status: in_force

Certificate of title.

A. Except as otherwise provided in the State Architectural and

Licensed Interior Designers Act, no license shall be issued to any

person to represent that the person is a "licensed interior

designer" nor shall any person be allowed to use the term or

Oklahoma Statutes - Title 59. Professions and Occupations Page 129

practice licensed interior design unless the person pays to the

Board the required fees and/or penalties if applicable as

established by the rules of the Board and:

1. Holds an accredited professional degree in interior design

from an interior design program accredited by the Council for

Interior Design Accreditation or its successor, or from an interior

design program determined by the Board to be substantially

equivalent to an accredited program;

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

3. Provides to the Board proof of passage of the examination

administered by the Council for Interior Design Qualification or its

successor or an equivalent examination as determined by the Board.

B. The Board may waive the requirements of the State

Architectural and Licensed Interior Designers Act for an individual

who holds a current valid registration or license from another

state, jurisdiction or foreign country where the requirements for

registration or licensure are substantially equivalent to those

required for licensure in this state and pays the required fees

and/or penalties, if applicable, to the Board.

C. This section does not apply to a person licensed to practice

architecture pursuant to the laws of this state.

D. Nothing in this act shall be construed to authorize the

Board to regulate or prohibit persons who are rendering interior

design services and are not licensed interior designers under the

provisions of this act or to adopt regulations that would exceed the

powers and responsibilities expressly authorized under this act.

E. Certificate of authority shall be subject to the following:

1. The use of the title "Licensed Interior Designer" by a

partnership, firm, association, corporation, limited liability

company or limited liability partnership is allowed to those

entities listed, provided:

a. one or more of the directors, partners, officers,

shareholders, members, managers, or principals is a

licensed interior designer and is in good standing

with the Board, and

b. the partnership, firm, association, corporation,

limited liability company or limited liability

partnership has been issued a certificate of authority

by the Board;

2. 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 this act;

3. A partnership, firm, association, corporation, limited

liability company or limited liability partnership shall file with

Oklahoma Statutes - Title 59. Professions and Occupations Page 130

the Board an application for a certificate of authority on a form

approved by the Board which shall include the names, addresses,

state of registration or licensure and registration or license

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's

current rules have been met, the Board shall issue a certificate of

authority to the partnership, firm, association, corporation,

limited liability company or limited liability partnership;

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 "Licensed Interior Designer" 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 authority or

letter from the Board with its application for incorporation or

registration;

5. The Secretary of State shall not register any trade name or

service mark which includes the words as set forth in paragraph 4 of

this subsection 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; and

6. Upon application for renewal and upon compliance with the

provisions of this act and the rules of the Board, a certificate of

authority shall be renewed as provided by this act.

F. No license for licensed interior designers 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 of authority 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. 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.
Okla. Stat. tit. 59, § 59-858-305 — OK Code / Title 59 / Section 59-858-305
Licensing of associations, corporations and
Status: in_force

partnerships - Registration of brokerage teams.

A. The Oklahoma Real Estate Commission may license as a broker

any association or corporation in which the managing member or

managing officer holds a license as a real estate broker, as defined

Oklahoma Statutes - Title 59. Professions and Occupations Page 719

in this Code, and in which every member, officer or employee who

acts as a real estate broker or real estate sales associate holds a

license for that purpose, as defined in this Code. The Commission

may license as a real estate broker any partnership in which each

partner holds a license as a real estate broker, as defined in this

Code.

B. The Oklahoma Real Estate Commission shall require the

registration of all teams affiliated under a brokerage for the

purpose of allowing the Commission to better align and track the

teams within each brokerage. For the purposes of this section, a

team shall mean any two or more licensees who work under the

supervision of the same broker, work together on real estate

transactions to provide brokerage services, represent themselves to

the public as being part of a team, and are designated by a team

name. Such registration shall occur before a team performs any

licensed activities, and the broker shall notify the Commission when

any team name is no longer being used. The Commission may charge a

registration fee for each team not to exceed the administrative

costs of the registration process.

C. Application for licenses and registrations described in this

section shall be made on forms prescribed by the Commission and

shall be issued pursuant to rules promulgated by the Commission.Oklahoma Statutes - Title 59. Professions and Occupations Page 19