Okla. Stat. tit. 59, § 59-353.1v2 — OK Code / Title 59 / Section 59-353.1v2
Definitions
Status: in_force

For the purposes of the Oklahoma Pharmacy Act:

1. “Accredited program” means those seminars, classes,

meetings, work projects, and other educational courses approved by

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the State Board of Pharmacy for purposes of continuing professional

education;

2. “Act” means the Oklahoma Pharmacy Act;

3. “Administer” means the direct application of a drug, whether

by injection, inhalation, ingestion, or any other means, to the body

of a patient;

4. “Assistant pharmacist” means any person presently licensed

as an assistant pharmacist in this state by the Board pursuant to

Section 353.10 of this title and for the purposes of the Oklahoma

Pharmacy Act shall be considered the same as a pharmacist, except

where otherwise specified;

5. “Board” or “State Board” means the State Board of Pharmacy;

6. “Certify” or “certification of a prescription” means the

review of a filled prescription by a licensed pharmacist or a

licensed practitioner with dispensing authority to confirm that the

medication, labeling, and packaging of the filled prescription are

accurate and meet all requirements prescribed by state and federal

law. For the purposes of this paragraph, “licensed practitioner”

shall not include optometrists with dispensing authority;

7. “Chemical” means any medicinal substance, whether simple or

compound or obtained through the process of the science and art of

chemistry, whether of organic or inorganic origin;

8. “Compounding” means the combining, admixing, mixing,

diluting, pooling, reconstituting, or otherwise altering of a drug

or bulk drug substance to create a drug. Compounding includes the

preparation of drugs or devices in anticipation of prescription drug

orders based on routine, regularly observed prescribing patterns;

9. “Continuing professional education” means professional,

pharmaceutical education in the general areas of the socioeconomic

and legal aspects of health care; the properties and actions of

drugs and dosage forms; and the etiology, characteristics, and

therapeutics of the diseased state;

10. “Dangerous drug”, “legend drug”, “prescription drug”, or

“Rx Only” means a drug:

a. for human use subject to 21 U.S.C., Section 353(b)(1),

or

b. is labeled “Prescription Only”, or labeled with the

following statement: “Caution: Federal law restricts

this drug to use by or on the order of a licensed

veterinarian.”;

11. “Director” means the Executive Director of the State Board

of Pharmacy unless context clearly indicates otherwise;

12. “Dispense” or “dispensing” means the interpretation,

evaluation, and implementation of a prescription drug order

including the preparation and delivery of a drug or device to a

patient or a patient’s agent in a suitable container appropriately

labeled for subsequent administration to, or use by, a patient.

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Dispense includes sell, distribute, leave with, give away, dispose

of, deliver, or supply;

13. “Dispenser” means a retail pharmacy, hospital pharmacy, a

group of chain pharmacies under common ownership and control that do

not act as a wholesale distributor, or any other person authorized

by law to dispense or administer prescription drugs, and the

affiliated warehouses or distributions of such entities under common

ownership and control that do not act as a wholesale distributor.

For the purposes of this paragraph, dispenser does not mean a person

who dispenses only products to be used in animals in accordance with

21 U.S.C., Section 360b(a)(5);

14. “Distribute” or “distribution” means the sale, purchase,

trade, delivery, handling, storage, or receipt of a product, and

does not include the dispensing of a product pursuant to a

prescription executed in accordance with 21 U.S.C., Section

353(b)(1) or the dispensing of a product approved under 21 U.S.C.,

Section 360b(b); provided, taking actual physical possession of a

product or title shall not be required;

15. “Doctor of Pharmacy” means a person licensed by the Board

to engage in the practice of pharmacy. The terms “pharmacist”,

“D.Ph.”, and “Doctor of Pharmacy” shall be interchangeable and shall

have the same meaning wherever they appear in the Oklahoma Statutes

and the rules promulgated by the Board;

16. “Drug outlet” means all manufacturers, repackagers,

outsourcing facilities, wholesale distributors, third-party

logistics providers, pharmacies, and all other facilities which are

engaged in dispensing, delivery, distribution, or storage of

dangerous drugs;

17. “Drugs” means all medicinal substances and preparations

recognized by the United States Pharmacopeia and National Formulary,

or any revision thereof, and all substances and preparations

intended for external and/or internal use in the cure, diagnosis,

mitigation, treatment, or prevention of disease in humans or animals

and all substances and preparations, other than food, intended to

affect the structure or any function of the body of a human or

animals;

18. “Drug sample” means a unit of a prescription drug packaged

under the authority and responsibility of the manufacturer that is

not intended to be sold and is intended to promote the sale of the

drug;

19. “Durable medical equipment” has the same meaning as

provided by Section 375.2 of this title;

20. “Filled prescription” means a packaged prescription

medication to which a label has been affixed which contains such

information as is required by the Oklahoma Pharmacy Act;

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21. “Hospital” means any institution licensed as a hospital by

this state for the care and treatment of patients, or a pharmacy

operated by the Oklahoma Department of Veterans Affairs;

22. “Licensed practitioner” means:

a. an allopathic physician,

b. an osteopathic physician,

c. a podiatric physician,

d. a dentist,

e. a veterinarian,

f. an optometrist, or

g. an Advanced Practice Registered Nurse,

licensed to practice and authorized to prescribe dangerous drugs

within the scope of practice of such practitioner;

23. “Manufacturer” or “virtual manufacturer” means with respect

to a product:

a. a person that holds an application approved under 21

U.S.C., Section 355 or a license issued under 42

U.S.C., Section 262 for such product, or if such

product is not the subject of an approved application

or license, the person who manufactured the product,

b. a co-licensed partner of the person described in

subparagraph a of this paragraph that obtains the

product directly from a person described in this

subparagraph or subparagraph a of this paragraph,

c. an affiliate of a person described in subparagraph a

or b of this paragraph who receives the product

directly from a person described in this subparagraph

or in subparagraph a or b of this paragraph, or

d. a person who contracts with another to manufacture a

product;

24. “Manufacturing” means the production, preparation,

propagation, compounding, conversion, or processing of a device or a

drug, either directly or indirectly by extraction from substances of

natural origin or independently by means of chemical or biological

synthesis and includes any packaging or repackaging of the

substances or labeling or relabeling of its container, and the

promotion and marketing of such drugs or devices. The term

manufacturing also includes the preparation and promotion of

commercially available products from bulk compounds for resale by

licensed pharmacies, licensed practitioners, or other persons;

25. “Medical gas” means those gases including those in liquid

state upon which the manufacturer or distributor has placed one of

several cautions, such as “Rx Only”, in compliance with federal law;

26. “Medical gas order” means an order for medical gas issued

by a licensed prescriber;

27. “Medical gas distributor” means a person licensed to

distribute, transfer, wholesale, deliver, or sell medical gases on

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drug orders to suppliers or other entities licensed to use,

administer, or distribute medical gas and may also include a patient

or ultimate user;

28. “Medical gas supplier” means a person who dispenses medical

gases on drug orders only to a patient or ultimate user;

29. “Medicine” means any drug or combination of drugs which has

the property of curing, preventing, treating, diagnosing, or

mitigating diseases, or which is used for that purpose;

30. “Nonprescription drugs” means medicines or drugs which are

sold without a prescription and which are prepackaged for use by the

consumer and labeled in accordance with the requirements of the

statutes and regulations of this state and the federal government.

Such items shall also include medical and dental supplies and

bottled or nonbulk chemicals which are sold or offered for sale to

the general public if such articles or preparations meet the

requirements of the Federal Food, Drug, and Cosmetic Act, 21

U.S.C.A., Section 321 et seq.;

31. “Outsourcing facility” including “virtual outsourcing

facility” means a facility at one geographic location or address

that:

a. is engaged in the compounding of sterile drugs,

b. has elected to register as an outsourcing facility,

and

c. complies with all requirements of 21 U.S.C., Section

353b;

32. “Package” means the smallest individual saleable unit of

product for distribution by a manufacturer or repackager that is

intended by the manufacturer for ultimate sale to the dispenser of

such product. For the purposes of this paragraph, “individual

saleable unit” means the smallest container of a product introduced

into commerce by the manufacturer or repackager that is intended by

the manufacturer or repackager for individual sale to a dispenser;

33. “Person” means an individual, partnership, limited

liability company, corporation, or association, unless the context

otherwise requires;

34. “Pharmacist-in-charge” or “PIC” means the pharmacist

licensed in this state responsible for the management control of a

pharmacy and all other aspects of the practice of pharmacy in a

licensed pharmacy as provided by Section 353.18 of this title;

35. “Pharmacy” means a place regularly licensed by the State

Board of Pharmacy in which prescriptions, drugs, medicines,

chemicals, and poisons are compounded or dispensed or such place

where pharmacists practice the profession of pharmacy, or a pharmacy

operated by the Oklahoma Department of Veterans Affairs;

36. “Pharmacy technician”, “technician”, “Rx tech”, or “tech”

means a person issued a technician permit by the State Board of

Pharmacy to assist the pharmacist and perform nonjudgmental,

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technical, manipulative, non-discretionary functions in the

prescription department under the immediate and direct supervision

of a pharmacist;

37. “Poison” means any substance which when introduced into the

body, either directly or by absorption, produces violent, morbid, or

fatal changes, or which destroys living tissue with which such

substance comes into contact;

38. “Practice of pharmacy” means:

a. the interpretation and evaluation of prescription

orders,

b. the compounding, dispensing, administering, and

labeling of drugs and devices, except labeling by a

manufacturer, repackager, or distributor of

nonprescription drugs and commercially packaged legend

drugs and devices,

c. the participation in drug selection and drug

utilization reviews,

d. the proper and safe storage of drugs and devices and

the maintenance of proper records thereof,

e. the responsibility for advising by counseling and

providing information, where professionally necessary

or where regulated, of therapeutic values, content,

hazards, and use of drugs and devices,

f. the offering or performing of those acts, services,

operations, or transactions necessary in the conduct,

operation, management, and control of a pharmacy, or

g. the provision of those acts or services that are

necessary to provide pharmaceutical care;

39. “Preparation” means an article which may or may not contain

sterile products compounded in a licensed pharmacy pursuant to the

order of a licensed prescriber;

40. “Prescriber” means a person licensed in this state who is

authorized to prescribe dangerous drugs within the scope of practice

of the person’s profession;

41. “Prescription” means and includes any order for drug or

medical supplies written or signed, or transmitted by word of mouth,

telephone, or other means of communication:

a. by a licensed prescriber,

b. by a physician assistant pursuant to a practice

agreement,

c. (1) under the supervision of a supervising physician,

by a Certified Nurse Practitioner, Clinical Nurse

Specialist, or Certified Nurse-Midwife licensed

in this state who has not obtained independent

prescriptive authority under Section 1 of this

act, or

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(2) by a Certified Nurse Practitioner, Clinical Nurse

Specialist, or Certified Nurse-Midwife licensed

in this state who has obtained independent

prescriptive authority under Section 1 of this

act, or

d. by an Oklahoma licensed wholesaler or distributor as

authorized in Section 353.29.1 of this title;

42. “Product” means a prescription drug in a finished dosage

form for administration to a patient without substantial further

manufacturing, such as capsules, tablets, and lyophilized products

before reconstitution. Product does not include blood components

intended for transfusion, radioactive drugs or biologics and medical

gas;

43. “Repackager”, including “virtual repackager”, means a

person who owns or operates an establishment that repacks and

relabels a product or package for further sale or distribution

without further transaction;

44. “Sterile drug” means a drug that is intended for parenteral

administration, an ophthalmic or oral inhalation drug in aqueous

format, or a drug that is required to be sterile under state and

federal law;

45. “Supervising physician” means an individual holding a

current license to practice as a physician from the State Board of

Medical Licensure and Supervision, pursuant to the provisions of the

Oklahoma Allopathic Medical and Surgical Licensure and Supervision

Act, or the State Board of Osteopathic Examiners, pursuant to the

provisions of the Oklahoma Osteopathic Medicine Act, who supervises

a Certified Nurse Practitioner, Clinical Nurse Specialist, or

Certified Nurse-Midwife as defined in Section 567.3a of this title

who has not obtained independent prescriptive authority under

Section 1 of this act, and who is not in training as an intern,

resident, or fellow. The supervising physician shall remain in

compliance with the rules promulgated by the State Board of Medical

Licensure and Supervision or the State Board of Osteopathic

Examiners;

46. “Supportive personnel” means technicians and auxiliary

supportive persons who are regularly paid employees of a pharmacy

who work and perform tasks in the pharmacy as authorized by Section

353.18A of this title;

47. “Third-party logistics provider” including “virtual third-

party logistics provider” means an entity that provides or

coordinates warehousing, or other logistics services of a product in

interstate commerce on behalf of a manufacturer, wholesale

distributor, or dispenser of a product but does not take ownership

of the product, nor have responsibility to direct the sale or

disposition of the product. For the purposes of this paragraph,

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third-party logistics provider does not include shippers and the

United States Postal Service;

48. “Wholesale distributor” including “virtual wholesale

distributor” means a person other than a manufacturer, a

manufacturer’s co-licensed partner, a third-party logistics

provider, or repackager engaged in wholesale distribution as defined

by 21 U.S.C., Section 353(e)(4) as amended by the Drug Supply Chain

Security Act;

49. “County jail” means a facility operated by a county for the

physical detention and correction of persons charged with, or

convicted of, criminal offenses or ordinance violations or persons

found guilty of civil or criminal contempt;

50. “State correctional facility” means a facility or

institution that houses a prisoner population under the jurisdiction

of the Department of Corrections;

51. “Unit dose package” means a package that contains a single

dose drug with the name, strength, control number, and expiration

date of that drug on the label; and

52. “Unit of issue package” means a package that provides

multiple doses of the same drug, but each drug is individually

separated and includes the name, lot number, and expiration date.
Okla. Stat. tit. 59, § 59-15.6A — OK Code / Title 59 / Section 59-15.6A
Confidentiality of investigations - Use as evidence –
Status: in_force

Disclosure of information.

A. The Oklahoma Accountancy Board, its employees, independent

contractors, appointed committee members or other agents shall keep

confidential all information obtained during an investigation into

allegations of violations of the Oklahoma Accountancy Act, including

any review or investigation made to determine whether to allow an

applicant to take an examination, or whether the Board shall grant a

certificate, license, or permit. All information obtained in the

course of conducting a peer review, including peer review reports

provided to the Board by a registrant, examinations and test scores

shall also be held confidential by the Board, its employees and

independent contractors.

B. To ensure the confidentiality of such information for the

protection of the affected individual or entity, the information

obtained shall not be deemed to be a “record” as that term is

defined in the Oklahoma Open Records Act.

C. Rules adopted to implement the provisions of this subsection

shall assure the privacy of the information obtained. Such rules

shall include but not be limited to:

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1. Assuring availability of the information for inspection by

the individual or entity affected or their designated

representatives during the normal business hours of the Board;

2. A method for obtaining a written release for the affected

individual or entity to allow inspection of their confidential

records to the public at large; and

3. A method for making available to the public all final

written orders of the Board concerning an individual or entity.

D. Information obtained by the Board or any of its agents as

set out in subsection A of this section shall be considered

competent evidence in a court of competent jurisdiction only in

matters directly related to actions of the Board and the affected

individual or entity as a result of the Board obtaining the

information. Such information shall not be admissible as evidence

in any other type of civil or criminal action.

E. The Board may disclose information concerning investigations

into allegations of violations of the Oklahoma Accountancy Act under

this section to another governmental, regulatory, or law enforcement

agency engaged in an enforcement action. The provisions of this

subsection shall not apply to information concerning whether to

allow an applicant to take an examination, peer review or test

scores.
Okla. Stat. tit. 59, § 59-1215 — OK Code / Title 59 / Section 59-1215
Licenses - Endorsement of plans, maps, etc
Status: in_force

The Oklahoma Department of Agriculture, Food, and Forestry shall

issue a license upon payment of the registration fee as provided for

in Section 1201 et seq. of this title to any applicant who, in the

opinion of the Department, has satisfactorily met all the

requirements of the act. Licenses shall show the full name of the

registrant, shall have a serial number, and shall be signed by the

Department. The issuance of a license by the Department shall be

evidence that the person named therein is entitled to all the rights

and privileges of a licensed forester while the license remains

unrevoked or unexpired. Plans, maps, specifications, and reports

issued by a registrant shall be endorsed with the registrant's name

and license number. It shall be a misdemeanor for anyone to endorse

any plan, specifications, estimate, or map unless the registrant

actually prepared the plan, specification, estimate, or map or was

in actual charge of the preparation or responsible therefor.
Okla. Stat. tit. 59, § 59-1616 — OK Code / Title 59 / Section 59-1616
License certificates - Renewals - Inactive status
Status: in_force

A. The Board of Examiners for Speech-Language Pathology and

Audiology shall issue a license certificate to each person whom it

registers as a speech-language pathologist and/or audiologist.

Licensure shall be granted in either speech-language pathology or

audiology independently. Qualified applicants may be independently

licensed in both. The certificate shall show the full legal name of

the licensee and shall bear a serial number. The serial number is

exclusive and not transferable. The certificate shall be signed by

the chair and executive secretary of the Board under the seal of the

Board.

B. Licenses for independent practitioners expire on the 31st

day of December following their issuance or renewal, and are invalid

thereafter unless renewed. The Board shall notify every person

licensed pursuant to the Speech-Language Pathology and Audiology

Licensing Act of the date of expiration and the amount of the

renewal fee. This notice shall be mailed at least one (1) month

before the expiration of the license. Renewal may be made at any

time during the months of November or December upon application

therefore, and by payment of the renewal fee. Failure on the part

of any licensed person to pay such person’s renewal fee before the

first day in January does not deprive the person of the person’s

right to renew the person’s license, but the fee to be paid for

Oklahoma Statutes - Title 59. Professions and Occupations Page 1186

renewal after December shall be increased by fifty percent (50%) for

each month or fraction thereof that the payment is delayed, up to a

maximum of three times the current renewal fee.

C. A licensed speech-language pathologist or audiologist may

place such person’s license on inactive status if, prior to

expiration of the person’s license, the person makes written

application to the Board for such status and pays a fee of Twenty-

five Dollars ($25.00). Thereafter, the person may renew such

person’s license upon payment of a renewal fee equal to one and one-

half (1 1/2) times the then current license fee. During the period

of time the person’s license is in an inactive status, the person

shall not engage in the practice of speech-language pathology or

audiology in the State of Oklahoma.
Okla. Stat. tit. 59, § 59-2038 — OK Code / Title 59 / Section 59-2038
Deposit of fees - Appropriation to pay expenses
Status: in_force

Fees received by the State Board of Medical Licensure and

Supervision and any other monies collected pursuant to the

Respiratory Care Practice Act shall be deposited with the State

Treasurer who shall place the same in the regular depository fund of

the Board. Said deposit, less the ten percent (10%) gross fees paid

into the General Revenue Fund, is hereby appropriated and shall be

used to pay expenses incurred pursuant to the Respiratory Care

Practice Act.
Okla. Stat. tit. 59, § 59-1850.15 — OK Code / Title 59 / Section 59-1850.15
Statewide validity of license - Persons not required
Status: in_force

to be licensed under act.

A license issued pursuant to this act shall be valid statewide;

however, a person or entity who is licensed locally and only

performs work in such locality shall not be required to be licensed

hereunder.
Okla. Stat. tit. 59, § 59-328.48 — OK Code / Title 59 / Section 59-328.48
Annual statement of receipts and expenditures
Status: in_force

It shall be the duty of the Board of Dentistry, annually, to

have prepared a statement showing the total amount of receipts and

expenditures of the Board for the preceding twelve (12) months. The

statement shall be properly certified under oath by the president

and Executive Director of the Board to the Governor and may be sent

electronically.
Okla. Stat. tit. 59, § 59-731.4 — OK Code / Title 59 / Section 59-731.4
Punishment for violations
Status: in_force

Any person who shall violate the provisions of this act shall be

guilty of a misdemeanor and upon conviction thereof shall be

punished by a fine of not less than Fifty Dollars ($50.00), nor more

than Five Hundred Dollars ($500.00), or by imprisonment in the

county jail for not less than five (5) days, nor more than thirty

(30) days, or by both such fine and imprisonment. Each day upon

which this act shall be violated shall constitute a separate offense

and be punishable as such.
Okla. Stat. tit. 59, § 59-1613 — OK Code / Title 59 / Section 59-1613
Rules
Status: in_force

In addition to the powers and duties granted to the Board of

Examiners for Speech-Language Pathology and Audiology by other

provisions of the Speech-Language Pathology and Audiology Licensing

Act, the Board shall promulgate rules, not inconsistent with the

Constitution and laws of this state, that are reasonably necessary

to the conduct of its duties and proceedings.
Okla. Stat. tit. 59, § 59-1508 — OK Code / Title 59 / Section 59-1508
Examination, investigations and access to records
Status: in_force

A. At such times as the Administrator of Consumer Credit may

deem necessary, the Administrator or a duly authorized

representative of the Administrator may make an examination of the

place of business of each licensee and may inquire into and examine

the transactions, books, accounts, papers, correspondence and

records of such licensee insofar as they pertain to the business

regulated by the Oklahoma Pawnshop Act. Such books, accounts,

papers, correspondence, records and property taken, purchased or

received shall also be open for inspection at any reasonable time to

federal law enforcement officials and the chief of police, district

attorney, sheriff or written designee of the law enforcement body in

whose jurisdiction the pawnshop is located, without any need of

judicial writ or other process. In the course of an examination,

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the Administrator or duly authorized representative or any

authorized peace officer shall have free access to the office, place

of business, files, safes and vaults of such licensee, and shall

have the right to make copies of any books, accounts, papers,

correspondence and records insofar as they pertain to the business

regulated by the Oklahoma Pawnshop Act. The Administrator or duly

authorized representative may, during the course of such

examination, administer oaths and examine any person under oath upon

any subject pertinent to any matter about which the Administrator is

authorized or required by the Oklahoma Pawnshop Act to consider,

investigate or secure information. Any licensee who fails or

refuses to permit the Administrator or duly authorized

representative or any authorized peace officer to examine or make

copies of such books or other relevant documents shall thereby be

deemed in violation of the Oklahoma Pawnshop Act and such failure or

refusal shall constitute grounds for the suspension or revocation of

such license. The information obtained in the course of any

examination or inspection shall be confidential, except in civil or

administrative proceedings conducted by the Administrator, or

criminal proceedings instituted by the state. Each licensee shall

pay to the Administrator an examination fee. The Administrator may

require payment of an examination fee either at the time of initial

application, renewal of the license, or after an examination has

been conducted.

B. Whenever a peace officer has probable cause to believe that

property in possession of a licensed pawnbroker is stolen or

embezzled, the peace officer of the local law enforcement agency of

the municipality or other political subdivision in which the

pawnshop resides may place a written hold order on the property.

The initial term of the written hold order shall not exceed thirty

(30) days. However, the holding period may be extended in

successive thirty (30) day increments upon written notification

prior to the expiration of the initial holding period. If the

holding period has expired and has not been extended, the hold order

shall be considered expired and no longer in effect, and title shall

vest in the pawnbroker subject to any restrictions contained in the

pawn contract. The initial written hold order shall contain the

following information:

1. Signature of the pawnbroker or designee;

2. Name, title and identification number of the peace officer

placing the hold order;

3. Name and address of the agency to which the peace officer is

attached and the offense number;

4. Complete description of the property to be held, including

model number, serial number and transaction number;

5. Name of agency reporting the property to be stolen or

embezzled;

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6. Mailing address of the pawnshop where the property is held;

and

7. Expiration date of the holding period.

C. While a hold order is in effect, the pawnbroker may consent

to release, upon written receipt, the stolen or embezzled property

to the custody of the local law enforcement agency to which the

peace officer placing the hold order is attached. The consent to

release the stolen or embezzled property to the custody of law

enforcement is not a waiver or release of the pawnbroker's property

rights or interest in the property. Otherwise, the pawnbroker shall

not release or dispose of the property except pursuant to a court

order or the expiration of the holding period including all

extensions. The district attorney's office shall notify the

pawnbroker in writing in cases where criminal charges have been

filed that the property may be needed as evidence. The notice shall

contain the case number, the style of the case, and a description of

the property. The pawnbroker shall hold such property until

receiving notice of the disposition of the case from the district

attorney's office. The district attorney's office shall notify the

pawnbroker in writing within fifteen (15) days of the disposition of

the case. Willful noncompliance of a pawnbroker to a written hold

order shall be cause for the pawnbroker's license to either be

suspended or revoked pursuant to paragraph 2 of subsection B of

Section 1507 of this title. A hold order may be released prior to

the expiration of any thirty-day holding period by written release

from the agency placing the initial hold order.

D. For the purpose of discovering violations of the Oklahoma

Pawnshop Act or of securing information required hereunder, the

Administrator or duly authorized representative may investigate the

books, accounts, papers, correspondence and records of any licensee

or other person who the Administrator has reasonable cause to

believe is violating any provision of the Oklahoma Pawnshop Act

whether or not such person shall claim to be within the authority or

scope of the Oklahoma Pawnshop Act. For the purpose of this

section, any person who advertises for, solicits or holds himself

out as willing to make pawn transactions shall be presumed to be a

pawnbroker.

E. Each licensee shall keep or make available in this state

such books and records relating to pawn transactions made under the

Oklahoma Pawnshop Act as are necessary to enable the Administrator

to determine whether the licensee is complying with the Oklahoma

Pawnshop Act. Such books and records shall be consistent with

accepted accounting practices.

F. Each licensee shall preserve or make available such books

and records in this state relating to each of its pawn transactions

for four (4) years from the date of the transaction, or two (2)

years from the date of the final entry made thereon, whichever is

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later. Each licensee's system of records shall be accepted if it

discloses such information as may be reasonably required under the

Oklahoma Pawnshop Act. All agreements signed by customers shall be

kept at an office in this state designated by the licensee, except

when transferred under an agreement which gives the Administrator

access thereto. All credit sales made by a pawnbroker, other than

those sales defined in paragraph 6 of Section 1502 of this title as

a pawn transaction, shall be made in accordance with and subject to

the provisions of Title 14A of the Oklahoma Statutes.

G. Each licensee shall, annually on or before the first day of

May or other date thereafter fixed by the Administrator, file a

report with the Administrator setting forth such relevant

information as the Administrator may reasonably require concerning

the business and operations during the preceding calendar year for

each licensed place of business conducted by such licensee within

the state. Such report shall be made under oath and shall be in the

form prescribed by the Administrator, who may make and publish

annually a consolidated analysis and recapitulation of such reports,

but the individual reports shall be held confidential. There shall

be a late fee of Fifty Dollars ($50.00) if such report is not filed

on or before the date fixed by the Administrator.

H. The Administrator may promulgate rules necessary for the

enforcement of the Oklahoma Pawnshop Act consistent with all its

provisions. Before making such a rule relating to the licensees

subject to the Oklahoma Pawnshop Act, the Administrator shall give

each licensee at least thirty (30) days' written notice of a public

hearing, stating the time and place thereof and the terms or

substance of the proposed regulation. At the hearing, any licensee

or other person may be heard and may introduce evidence, data or

arguments or place the same on file. The Administrator, after

consideration of all relevant matters presented, shall adopt and

promulgate every rule in written form, stating the date of adoption

and date of promulgation. Each such rule shall be entered in a

permanent record book which shall be public record and be kept in

the Administrator's office. A copy of every rule shall be mailed to

each licensee, and no such rule shall become effective until the

expiration of at least twenty (20) days after such mailing. On the

application of any person and payment of the cost thereof, the

Administrator shall furnish such person a certified copy of such

rule.

I. Except as otherwise expressly provided in the Oklahoma

Pawnshop Act, the Administrative Procedures Act, Sections 250 et

seq. and 250.3 et seq. of Title 75 of the Oklahoma Statutes, applies

to and governs all administrative actions and civil proceedings

taken by the Administrator pursuant to the Oklahoma Pawnshop Act.
Okla. Stat. tit. 59, § 59-1332 — OK Code / Title 59 / Section 59-1332
Forfeiture procedure
Status: in_force

A. If there is a breach of an undertaking, the court before

which the cause is pending shall issue, within ten (10) days, an

arrest warrant for the defendant and declare the undertaking and any

money, property, or securities that have been deposited as bail,

forfeited on the day the defendant failed to appear. Within fifteen

(15) days from the date of the forfeiture, the order and judgment of

forfeiture shall be filed with the clerk of the trial court.

Failure to timely issue the arrest warrant or file the order and

judgment of forfeiture as provided in this subsection shall

exonerate the bond by operation of law. In the event of the

forfeiture of a bail bond the clerk of the trial court shall, within

Oklahoma Statutes - Title 59. Professions and Occupations Page 1043

thirty (30) days after the order and judgment of forfeiture is filed

in the court, by mail with return receipt requested, mail a true and

correct copy of the order and judgment of forfeiture to the

bondsman, and if applicable, the insurer, whose risk it is, and keep

at least one copy of the order and judgment of forfeiture on file;

provided, the clerk shall not be required to mail the order and

judgment of forfeiture to the bondsman or insurer if, within fifteen

(15) days from the date of forfeiture, the defendant is returned to

custody, the bond is reinstated by the court with the bondsman’s

approval, or the order of forfeiture is vacated or set aside by the

court. Failure of the clerk of the trial court to comply with the

thirty-day notice provision in this subsection shall exonerate the

bond by operation of law.

B. The order and judgment of forfeiture shall be on forms

prescribed by the Administrative Director of the Courts.

C. 1. The bail bondsman shall have ninety (90) days from

receipt of the order and judgment of forfeiture from the court clerk

or mailing of the notice if no receipt is made to return the

defendant to custody.

2. The bondsman may contract with a licensed bail enforcer

pursuant to the Bail Enforcement and Licensing Act to recover and

return the defendant to custody within the ninety-day period, or as

agreed, or notwithstanding the Bail Enforcement and Licensing Act if

the bondsman is duly appointed in this state by an insurer operating

in this state, the bondsman may seek the assistance of another

licensed bondsman in this state who is appointed by the same

insurer.

3. When the court record indicates that the defendant is

returned to custody in the jurisdiction where forfeiture occurred,

within the ninety-day period, the court clerk shall enter minutes

vacating the forfeiture and exonerating the bond. If the defendant

has been timely returned to custody, but this fact is not reflected

by the court record, the court shall vacate the forfeiture and

exonerate the bond.

4. For the purposes of this section, “return to custody” means:

a. the return of the defendant to the appropriate

Oklahoma law enforcement agency by the bondsman,

b. an appearance of the defendant in open court in the

court where charged,

c. arrest or incarceration within this state of the

defendant by law enforcement personnel, provided the

bondsman has requested that a hold be placed on the

defendant in the jurisdiction wherein the forfeiture

lies and has guaranteed reasonable travel expenses for

the return of the defendant, or

d. arrest or incarceration of the defendant in any other

jurisdiction, provided the bondsman has requested that

Oklahoma Statutes - Title 59. Professions and Occupations Page 1044

a hold be placed on the defendant in the jurisdiction

wherein the forfeiture lies and has guaranteed

reasonable travel expenses for the return of the

defendant.

5. In addition to the provisions set forth in paragraphs 3 and

4 of this subsection, the bond shall be exonerated by operation of

law in any case in which:

a. the bondsman has requested in writing of the sheriff’s

department in the county where the forfeiture occurred

that the defendant be entered into the computerized

records of the National Crime Information Center

(NCIC), and the request has not been honored within

fourteen (14) business days of the receipt of the

written request by the department,

b. the defendant has been arrested outside of this state

and the court record shows the prosecuting attorney

has declined to proceed with extradition,

c. the defendant’s bondsman or insurer has requested in

writing of the prosecuting attorney to file felony

bond jumping charges against the defendant when the

defendant fails to surrender within thirty (30) days

from failing to appear in court and the prosecuting

attorney has not filed such charges within thirty (30)

business days of the receipt of the written request,

or

d. the warrant issued by the court has not been entered

into an active warrant database available to law

enforcement within five (5) business days after its

issued date.

6. The court may, in its discretion, vacate the order of

forfeiture and exonerate the bond where good cause has been shown

for:

a. the defendant’s failure to appear, or

b. the bondsman’s failure to return the defendant to

custody within ninety (90) days.

7. When a bondsman or insurer (“requestor”) has guaranteed

travel expenses to return a defendant to custody:

a. the law enforcement agency that placed the hold shall

promptly advise the requestor of a hit confirmation,

b. prior to transporting the defendant, the law

enforcement agency that placed the hold shall provide

the requestor a good faith estimate of the reasonable

return expenses to return the defendant to custody.

The requestor may request to decline to pay travel

expenses, and the law enforcement agency may release

its hold and the defendant shall not be considered

returned to custody. If the law enforcement agency

Oklahoma Statutes - Title 59. Professions and Occupations Page 1045

cannot contact the requestor, the requestor’s

guarantee of travel expenses shall be honored by the

requestor, and

c. a requestor may request to withdraw their NCIC request

any time prior to a defendant’s arrest.

D. 1. If, within ninety (90) days from receipt of the order

and judgment of forfeiture from the court clerk, or mailing of the

notice if no receipt is made, the defendant is not returned to

custody, or the forfeiture has not been stayed, the bondsman and, if

applicable, the insurer whose risk it is shall deposit cash or other

valuable securities in the face amount of the bond with the court

clerk ninety-one (91) days from receipt of the order and judgment of

forfeiture from the court clerk, or mailing of the notice if no

receipt is made; provided, this provision shall not apply if the

defendant has been returned to custody within the ninety-day period

and the court has failed to vacate the forfeiture pursuant to

paragraphs 3 through 6 of subsection C of this section.

2. After the order and judgment has been paid within ninety-one

(91) days from receipt of the order and judgment of forfeiture from

the court clerk, or mailing of the notice if no receipt is made, as

required in paragraph 1 of this subsection, the bondsman and, if

applicable, the insurer whose risk it is shall have one (1) year

from the date payment is due to return the defendant to custody as

defined by paragraph 4 of subsection C of this section. In the

event the defendant is returned to custody and all expenses for the

defendant’s return have been guaranteed by the bondsman or insurer,

the bondsman’s or insurer’s property shall be returned; provided,

the request for remitter be made by motion filed within one (1) year

from the date payment is due.

3. If the additional cash or securities are not deposited with

the court clerk on or before the ninety-first day after the date of

service of the order and judgment of forfeiture from the court

clerk, or mailing of the notice if no receipt is made, then the

court clerk shall notify the Insurance Commissioner by sending a

certified copy of the order and judgment of forfeiture and proof

that the bondsman and, if applicable, the insurer have been notified

by mail with return receipt requested.

4. The Insurance Commissioner shall:

a. in the case of a surety bondsman, immediately cancel

the license privilege and authorization of the insurer

to do business within the State of Oklahoma and cancel

the appointment of all surety bondsman agents of the

insurer who are licensed by Section 1301 et seq. of

this title, and

b. in the case of a professional bondsman, withdraw the

face amount of the forfeiture from the deposit

provided in Section 1306 of this title. The

Oklahoma Statutes - Title 59. Professions and Occupations Page 1046

Commissioner shall then immediately direct the

professional bondsman, by mail with return receipt

requested, to make additional deposits to bring the

original deposit to the required level. Should the

professional bondsman, after being notified, fail to

make an additional deposit within ten (10) days from

the receipt of notice, or mailing of notice if no

receipt is made, the license shall be revoked and all

sums presently on deposit shall be held by the

Commissioner to secure the face amounts of bonds

outstanding. Upon release of the bonds, any amount of

deposit in excess of the bonds shall be returned to

the bondsman; provided, the bail bondsman shall have

had notice as required by the court, at the place of

the bondsman’s business, of the trial or hearing of

the defendant named in the bond. The notice shall

have been at least ten (10) days before the required

appearance of the defendant, unless the appearance is

scheduled at the time of execution of the bond.

Notwithstanding the foregoing, the bondsman shall be

deemed to have had notice of the trial or hearing if

the defendant named in the bond shall have been

recognized back in open court to appear at a date

certain for the trial or hearing.

5. If the actions of any bail bondsman force the Insurance

Commissioner to withdraw monies, deposited pursuant to Section 1306

of this title, to pay past-due executions more than two (2) times in

a consecutive twelve-month period, then the license of the

professional bondsman shall, in addition to other penalties, be

suspended automatically for one (1) year or until a deposit equal to

all outstanding forfeitures due is made. The deposit shall be

maintained until the Commissioner deems it feasible to reduce the

deposit. In no case shall an increased deposit exceed two (2) years

unless there is a recurrence of withdrawals as stated herein.

E. 1. If the defendant’s failure to appear was the result of

the defendant’s death or of being in the custody of a court other

than the court in which the appearance was scheduled, forfeiture

shall not lie. Upon proof to the court that the bondsman paid the

order and judgment of forfeiture without knowledge that the

defendant was deceased or in custody of another court on the day the

defendant was due to appear, and all expenses for the defendant’s

return have been paid by the bondsman, the bondsman’s property shall

be returned.

2. Where the defendant is in the custody of another court, the

district attorney or municipal attorney shall direct a hold order to

the official, judge, court or law enforcement agent wherein the

defendant is in custody; provided, that all expenses accrued as a

Oklahoma Statutes - Title 59. Professions and Occupations Page 1047

result of returning the custody of the defendant shall be borne by

the bondsman.

F. The district attorney or municipal attorney shall not

receive any bonuses or other monies or property for or by reason of

services or actions in connection with or collection of bond

forfeitures under the provisions of Section 1301 et seq. of this

title, except that the court may award a reasonable attorney fee in

favor of the prevailing party for legal services in any civil action

or proceeding to collect upon a judgment of forfeiture.

G. The above procedures shall be subject to the bondsman’s

rights of appeal. The bondsman or insurer may appeal an order and

judgment of forfeiture pursuant to the procedures for appeal set

forth in Section 951 et seq. of Title 12 of the Oklahoma Statutes.

To stay the execution of the order and judgment of forfeiture, the

bondsman or insurer shall comply with the provisions set forth in

Section 990.4 of Title 12 of the Oklahoma Statutes.

H. For municipal courts of record, the above procedures are

criminal in nature and ancillary to the criminal procedures before

the trial court and shall be subject to the bondsman’s right of

appeal. The bondsman or insurer may appeal an order and judgment of

forfeiture by the municipal courts of record to the Court of

Criminal Appeals.

I. Upon a motion to the court, any person executing a bail bond

as principal or as surety shall be exonerated after three (3) years

have elapsed from the posting of the bond, unless a judgment has

been entered against the surety or the principal for the forfeiture

of the bond, or unless the court grants an extension of the three-

year time period for good cause shown, upon motion by the

prosecuting attorney.
Okla. Stat. tit. 59, § 59-1261.5 — OK Code / Title 59 / Section 59-1261.5
Provisional licenses
Status: in_force

Upon certification by the State Board of Licensed Social

Workers, the Board shall authorize the issuance of provisional

licenses to persons who have met all qualifications for licensure

under provisions of the Social Worker's Licensing Act except passage

of the required examination. Such persons shall, upon payment of

the necessary fee and submission of documentation as required by the

Board, be issued a provisional license subject to the following

provisions:

1. If a person subsequently fails the examination, upon receipt

and recording of the person's examination score by the Board, such

person may retake the examination every ninety (90) days until the

person passes, or until one (1) year from the date of issuance of

the provisional license;

2. Upon receipt and recording of a person's passing score by

the Board, the provisional license will be replaced by a permanent

license; and

3. Upon a person's failure to pass the examination within one

(1) year from the date the provisional license was issued, that

license will be automatically revoked. A new application may be

submitted by the individual who fails to pass the exam within one

(1) year of their approval date, however, for the licensed clinical

social worker (LCSW), licensed social worker with administration

specialty (LSWAD), and licensed social worker (LSW), the applicant

Oklahoma Statutes - Title 59. Professions and Occupations Page 972

must be under board approved supervision prior to the submission of

a new application requesting license.

a. Those seeking to re-apply for licensure past their

provisional year must remain under supervision until

such time the Board office confirms a passing score

for the appropriate licensure exam.

b. If an applicant is unable to pass the appropriate

licensure exam during the provisional year or two

subsequent approval years, the applicant may not apply

for licensure again until they have completed an

additional 4000 hours of supervised practice with a

Board approved supervisor. If completed by the

applicant, the Board may approve up to two additional

years of examination testing.

c. For all licensure levels, any applicant who fails to

pass the exam after a total of five approval years

permanently loses their application eligibility

status.
Okla. Stat. tit. 59, § 59-527 — OK Code / Title 59 / Section 59-527
License required
Status: in_force

No person shall hold himself or herself out as an athletic

trainer without firstbeing licensed under the provisions of this

act.
Okla. Stat. tit. 59, § 59-328.20 — OK Code / Title 59 / Section 59-328.20
Renumbered as § 328.36a of this title by Laws 1999, c
Status: in_force

280, § 11, eff. Nov. 1, 1999.
Okla. Stat. tit. 59, § 59-1820.4 — OK Code / Title 59 / Section 59-1820.4
Exemptions
Status: in_force

The Fire Extinguisher Licensing Act shall not apply to:

1. An officer or employee of this state, the United States, or

a political subdivision, while the employee or officer is engaged in

the performance of his or her official duties;

2. A person who owns and installs fire extinguishing equipment

in his or her own single-family dwelling or, if the person does not

charge for the device or its installation, installs the fire

extinguishing equipment for the protection of his or her personal

property and does not install the fire extinguishing equipment as a

normal business practice in a single-family dwelling of another; or

3. The sale of fire extinguishers designed or intended for

customer or user installation.
Okla. Stat. tit. 59, § 59-858-622 — OK Code / Title 59 / Section 59-858-622
Definitions
Status: in_force

As used in the Home Inspection Licensing Act:

1. "Board" means the Construction Industries Board;

2. "Committee" means the Committee of Home Inspector Examiners;

3. "Home inspection" means a visual examination of any or all

of the readily accessible physical real property and improvements to

real property consisting of four or fewer dwelling units, including

structural, lot drainage, roof, electrical, plumbing, heating and

air conditioning and such other areas of concern as are specified in

writing to determine if performance is as intended;

4. "Home inspection report" means a written opinion of the

functional and physical condition of property written by the

licensed home inspector pursuant to home inspection; and

5. "Home inspector" means an individual licensed pursuant to

the Home Inspection Licensing Act who, for compensation, conducts

home inspections.
Okla. Stat. tit. 59, § 59-1308.1 — OK Code / Title 59 / Section 59-1308.1
Examination - Educational requirements - Fee -
Status: in_force

Penalties.

A. In order to be eligible to take the examination required to

be licensed as a bail bondsman, each person shall complete not less

than sixteen (16) clock hours of education in subjects pertinent to

Oklahoma Statutes - Title 59. Professions and Occupations Page 1017

the duties and responsibilities of a bail bondsman, including all

laws and regulations related thereto. Further, each licensee shall

complete biennially not less than sixteen (16) clock hours of

continuing education in the subjects prior to renewal of the

license. Such continuing education shall not include a written or

oral examination.

Provided, any person licensed as a bail bondsman prior to

November 1, 1989, shall not be required to complete sixteen (16)

clock hours of education prior to licensure but shall be subject to

the sixteen-hour continuing education requirement in order to renew

the license, except that a licensed bail bondsman who is sixty-five

(65) years of age or older and who has been licensed as a bail

bondsman for fifteen (15) years or more shall be exempt from both

the education and continuing education requirements of this section.

B. Education shall be provided for bail bondsman licensure as

required by this section; provided that the Insurance Commissioner

shall approve the courses offered and provided further such

education meets the general standards for education established by

the Insurance Commissioner.

The education provider shall submit biennially a fee of Two

Hundred Dollars ($200.00), payable to the Insurance Commissioner

which shall be deposited with the State Treasurer for the purposes

of fulfilling and accomplishing the conditions and purposes of this

section.

C. Any person who falsely represents to the Insurance

Commissioner that compliance with this section has been met shall be

subject, after notice and hearing, to the penalties and fines set

out in Section 1310 of this title.

D. The Commissioner shall adopt and promulgate such rules as

are necessary for effective administration of this section.
Okla. Stat. tit. 59, § 59-475.12a — OK Code / Title 59 / Section 59-475.12a
Licensure or certification as professional engineer
Status: in_force

A. Certification or Enrollment as an Engineer Intern. The

following shall be considered as minimum evidence that the applicant

is qualified for certification as an engineer intern:

1. Satisfying the education requirements as outlined in this

section; and

2. Passing the National Council of Examiners for Engineering

and Surveying (NCEES) Fundamentals of Engineering (FE) examination.

B. Licensure as a Professional Engineer. To be eligible for

licensure as a professional engineer, an individual shall meet all

of the following requirements:

1. Satisfy the education and experience criteria set forth in

this section;

Oklahoma Statutes - Title 59. Professions and Occupations Page 410

2. Pass the applicable examinations set forth in this section;

and

3. Submit references acceptable to the Board as described in

Board rules.

C. Initial Licensure as a Professional Engineer. An applicant

who presents evidence of meeting the applicable education,

examination and experience requirements pursuant to this subsection

shall be eligible for licensure as a professional engineer.

1. Education Requirements. An individual seeking licensure as

a professional engineer shall possess one or more of the following

education qualifications:

a. a degree in engineering from an EAC/ABET-accredited

bachelor's program, or the equivalent,

b. a degree in a Board-approved related science

bachelor's program,

c. a degree in engineering from an EAC/ABET- or

ETAC/ABET-accredited master's program from an

institution that offers an EAC/ABET- or ETAC/ABET-

accredited bachelor's program in the same or similar

discipline of engineering,

d. a degree in engineering from a non-EAC/ABET- or

ETAC/ABET-accredited bachelor's, master's, or

doctorate program. This individual's education shall

be evaluated by the NCEES Credentials Evaluation

service or other Board-approved evaluation service

based upon the criteria set forth in the NCEES

Engineering Education Standard,

e. a master's degree in engineering from an EAC/M-ABET-

accredited program, or

f. an earned doctoral degree in engineering acceptable to

the Board.

2. Examination Requirements. An individual seeking licensure

as a professional engineer shall take and pass the NCEES

Fundamentals of Engineering (FE) examination and the NCEES

Principles and Practice of Engineering (PE) examination as follows:

a. the FE examination may be taken at any time according

to NCEES examination policies and procedures, but is

recommended to be taken during the student's senior

year of college,

b. the PE examination may be taken by a graduate of an

approved degree program pursuant to this section, or

c. the Board may waive the FE examination requirement for

the issuance of a license if the applicant possesses,

at a minimum, fifteen (15) years of progressive

experience on engineering projects which indicate to

the Board the applicant may be competent to practice

engineering. The Board shall evaluate all elements of

Oklahoma Statutes - Title 59. Professions and Occupations Page 411

the application, according to Board rules, to assess

waiver requests.

3. Experience Requirements. An individual seeking licensure as

a professional engineer shall present evidence of a specific record

of engineering experience following the conferment of the qualifying

degree as described in paragraph 1 of this subsection. This

experience should be progressive and of a grade and character that

indicate to the Board that the applicant may be competent to

practice engineering. The following educational criteria may apply

as a substitute to the length of experience set forth in this

section:

a. an individual who qualifies pursuant to subparagraph a

of paragraph 1 of this subsection: four (4) years of

experience after the bachelor's degree is conferred,

b. an individual who qualifies pursuant to subparagraph b

of paragraph 1 of this subsection: six (6) years of

experience after the bachelor's degree is conferred,

c. an individual who qualifies pursuant to subparagraph c

or e of paragraph 1 of this subsection: three (3)

years of experience after the master's degree is

conferred, or

d. an individual who qualifies pursuant to subparagraph f

of paragraph 1 of this subsection: two (2) years of

experience after the doctoral degree is conferred.

A graduate degree that is used to satisfy education requirements

cannot be applied for experience credit toward licensure. To be

eligible for experience credit, graduate degrees shall be relevant

to the applicant's area of professional practice. Experience credit

for a graduate degree cannot be earned concurrently with work

experience credit.

4. Partial experience credit may be awarded for experience

earned prior to conferment of the qualifying degree, at the

discretion of the Board, as described in Board rules. In no case

shall the experience credit exceed one-half (1/2) of that required

for approved qualifying experience. The experience credit shall not

be claimed if the applicant is also claiming the experience time as

experience credit for a cooperative education program.

5. EAC/ABET-accredited engineering cooperative education

programs may be considered as experience credit earned prior to the

qualifying degree if the program meets the experience requirement

pursuant to this subsection. Otherwise, a maximum of six (6) months

experience may be claimed. Experience credit for a cooperative

education program shall not be claimed if the applicant also claims

the experience time as experience credit earned prior to the degree.

D. Comity Licensure for a Professional Engineer. The following

shall be considered as minimum evidence satisfactory to the Board

Oklahoma Statutes - Title 59. Professions and Occupations Page 412

that the applicant is qualified for licensure by comity as a

professional engineer:

1. An individual holding a license to engage in the practice of

engineering issued by a proper authority of any state, jurisdiction,

or foreign country, based on requirements that do not conflict with

the provisions of this act, and possessing credentials that are, in

the judgment of the Board, of a standard not lower than that

specified in the applicable licensure act in effect in Oklahoma at

the time such license was issued may, upon application, be licensed

without further examination except as required to examine the

applicant's knowledge of statutes, rules, and other requirements

unique to this state. If the requirements that were met were of a

standard lower than that specified in the applicable licensure act

in effect in this state at the time such license was issued but, in

the judgment of the Board, the standard was a reasonable standard at

the time the original license was issued, the individual may, upon

application, be considered by the Board according to the provisions

in the Board rules; or

2. An individual holding an active NCEES Record whose

qualifications, as evidenced by the NCEES Record, meet the

requirements of this act may, upon application, be licensed without

further examination except as required to examine the applicant's

knowledge of statutes, rules, and other requirements unique to

Oklahoma.
Okla. Stat. tit. 59, § 59-567.17 — OK Code / Title 59 / Section 59-567.17
Peer assistance program
Status: in_force

A. There is hereby established a peer assistance program to

rehabilitate nurses whose competency may be compromised because of

the abuse of drugs or alcohol, so that such nurses can be treated

and can return to or continue the practice of nursing in a manner

which will benefit the public. The program shall be under the

supervision and control of the Oklahoma Board of Nursing.

B. The Board shall appoint one or more peer assistance

evaluation advisory committees hereinafter called the "peer

assistance committees". Each of these committees shall be composed

of members, the majority of which shall be licensed nurses with

expertise in chemical dependency. The peer assistance committees

shall function under the authority of the Oklahoma Board of Nursing

in accordance with the rules of the Board. The committee members

shall serve without pay, but may be reimbursed for the expenses

incurred in the discharge of their official duties in accordance

with the State Travel Reimbursement Act.

C. The Board shall appoint and employ a qualified person, who

shall be a registered nurse, to serve as program coordinator and

shall fix such person's compensation. The Board shall define the

duties of the program coordinator who shall report directly to the

Executive Director of the Board and be subject to the Executive

Director's direction and control.

D. The Board is authorized to adopt and revise rules, not

inconsistent with the Oklahoma Nursing Practice Act, as may be

necessary to enable it to carry into effect the provisions of this

section.

E. A portion of licensing fees for each nurse not to exceed Ten

Dollars ($10.00) may be used to implement and maintain the peer

assistance program.

F. Records of the nurse enrolled in the peer assistance program

shall be maintained in the program office in a place separate and

Oklahoma Statutes - Title 59. Professions and Occupations Page 585

apart from the Board's records. The records shall be made public

only by subpoena and court order; provided, however, confidential

treatment shall be canceled upon default by the nurse in complying

with the requirements of the program.

G. Any person making a report to the Board or to a peer

assistance committee regarding a nurse suspected of practicing

nursing while habitually intemperate or addicted to the use of

habit-forming drugs, or a nurse's progress or lack of progress in

rehabilitation, shall be immune from any civil or criminal action

resulting from such reports, provided such reports are made in good

faith.

H. A nurse's participation in the peer assistance program in no

way precludes additional proceedings by the Board for acts or

omissions of acts not specifically related to the circumstances

resulting in the nurse's entry into the program. However, in the

event the nurse defaults from the program, the Board may discipline

the nurse for those acts which led to the nurse entering the

program.

I. The Executive Director of the Board shall suspend the

license of a licensee who applied and entered the peer assistance

program by choice without any order by the Board immediately upon

notification that the licensee has defaulted from the peer

assistance program, and shall assign a hearing date for the matter

to be presented to the Board. A licensee who was directed to apply

and enter the peer assistance program by an order of the Board and

who does not enter or who defaults from the peer assistance program

for any reason shall be disciplined as set forth in the order of the

Board that directed the nurse to apply and enter the peer assistance

program.

J. Any person who enters the peer assistance program

voluntarily or otherwise shall be responsible for any and all costs

associated with participation in the peer assistance program.

K. A nurse may apply to participate in the peer assistance

program by choice or may be directed to apply to the program by an

order of the Board. In either case, conditions shall be placed on

the nurse's license to practice nursing during the period of

participation in the peer assistance program.

L. With regards to the peer assistance program, unless the

context otherwise requires:

1. "Board" means the Oklahoma Board of Nursing;

2. "Peer assistance committee" means the peer assistance

evaluation advisory committee created in this section, which is

appointed by the Oklahoma Board of Nursing to carry out specified

duties; and

3. "Default" means the licensee has failed to comply with the

contract and/or amended contracts and/or treatment plans, as

determined by the peer assistance committee, and/or has been

Oklahoma Statutes - Title 59. Professions and Occupations Page 586

terminated from the peer assistance program as defined in Board

rules.
Okla. Stat. tit. 59, § 59-888.12 — OK Code / Title 59 / Section 59-888.12
Oklahoma Occupational Therapy Advisory Committee - Creation - Membership - Term -
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 22Creation - Membership - Term - Vacancies - Removal - Liability.

Oklahoma Statutes - Title 59. Professions and Occupations Page 831

An Oklahoma Occupational Therapy Advisory Committee of the State

Board of Medical Licensure and Supervision is hereby created. The

Committee shall consist of five (5) members appointed by the Board,

upon recommendation of the Oklahoma Occupational Therapy

Association, for staggered terms of three (3) years, except for the

first Committee appointed hereunder. Three members shall be

occupational therapists with at least five (5) years' experience,

one member shall be an occupational therapy assistant with at least

three (3) years' experience, and one member shall be a consumer. All

of the therapists shall be licensed except for the first members of

the Committee who shall be licensed as soon after their appointments

as possible. Said licensing shall take place within ninety (90)

days after this act becomes effective.

The terms of the members shall be for three (3) years and until

their successors are appointed and qualify; except of those first

appointed, one shall serve for one (1) year, one shall serve for two

(2) years, and three shall serve for three (3) years. Vacancies

shall be filled in the manner of the original appointment for the

unexpired portion of the term only. The Board after notice and

opportunity for hearing may remove any member of the Committee for

neglect of duty, incompetence, revocation or suspension of license,

or other dishonorable conduct. A member of the Committee is not

liable to civil action for any act performed in good faith in the

execution of his duties in this capacity.
Okla. Stat. tit. 59, § 59-1800.14 — OK Code / Title 59 / Section 59-1800.14
Alarm, Locksmith and Fire Sprinkler Industry Revolving
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the Department of Labor, to be designated the "Alarm, Locksmith

and Fire Sprinkler Industry Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the Alarm, Locksmith and Fire

Sprinkler Industry Committee or the Department of Labor pursuant to

the Alarm, Locksmith and Fire Sprinkler Industry Act. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Commissioner of Labor for the

purpose of administration, implementing, and enforcement of the

Alarm, Locksmith and Fire Sprinkler Industry Act including, but not

limited to, office administration and personnel expense, licensing

and training, reimbursements in accordance with the State Travel

Reimbursement Act, and other necessary expenses relating to the

Alarm, Locksmith and Fire Sprinkler Industry Act. The Commissioner

Oklahoma Statutes - Title 59. Professions and Occupations Page 1291

shall not expend or transfer any monies from this fund for any

purpose not relating to the Alarm, Locksmith and Fire Sprinkler

Industry 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, § 59-725.5 — OK Code / Title 59 / Section 59-725.5
Limitation of liability for doctors rendering medical
Status: in_force

care on volunteer basis.

A health care provider authorized to use the designation

“Doctor”, or an abbreviation thereof pursuant to the provisions of

Section 725.2 of Title 59 of the Oklahoma Statutes, who renders

medical care on a voluntary basis at a free medical clinic or an

educational sporting event is not liable for any civil damages,

Oklahoma Statutes - Title 59. Professions and Occupations Page 699

other than for injuries resulting in death, caused by acts or

omissions of the health care provider while rendering such medical

care unless it is plainly alleged in the complaint and later proven

that the acts or omissions of the health care provider constituted

gross negligence or willful or wanton wrongs during the rendering of

such medical care.
Okla. Stat. tit. 59, § 59-161.17 — OK Code / Title 59 / Section 59-161.17
Chiropractic Undergraduate Preceptorship Program
Status: in_force

A Chiropractic Undergraduate Preceptorship Program, in

conjunction with accredited chiropractic colleges, shall be

established by the Board of Chiropractic Examiners, who may appoint

five (5) chiropractic physicians to administer the program.

Each intern in the program shall pay a nonrefundable fee of

Thirty-five Dollars ($35.00) to the Board each trimester the intern

participates in the program.

The Board shall by rule establish standards, qualifications and

responsibilities for interns, preceptors and accredited chiropractic

colleges participating in the program.
Okla. Stat. tit. 59, § 59-858-717 — OK Code / Title 59 / Section 59-858-717
Denial of certificate
Status: in_force

A. The Board shall, in accordance with the provisions of the

Oklahoma Certified Real Estate Appraisers Act relating to hearings

on original certification and the requirement for such applicants to

submit to a criminal history records search on and after January 1,

2015, deny the issuance of a certificate as a trainee, state-

licensed, state-certified residential or state-certified general

real estate appraiser to the applicant on any of the grounds stated

below:

1. If the applicant has been convicted of, or pled guilty or

nolo contendere to a felony in a domestic or foreign court during

the five-year period immediately preceding the date of application;

2. If the applicant has been convicted of, or pled guilty or

nolo contendere to a felony in a domestic or foreign court at any

time preceding the date of application if such felony involved an

act of fraud, dishonesty, a breach of trust or money laundering; or

3. The applicant has failed to demonstrate character and

general fitness such as to warrant a determination that the

applicant may not operate honestly and fairly in the conduct of

appraisals as outlined within the real property appraisal

qualifications criteria established by the Appraiser Qualifications

Board.

B. The Board may for all other applicants, in accordance with

the provisions of the Oklahoma Certified Real Estate Appraisers Act

relating to hearings, deny the issuance of a certificate as a

trainee, state licensed, state certified residential or state

certified general real estate appraiser to an applicant on any of

the grounds enumerated in the Oklahoma Certified Real Estate

Appraisers Act.
Okla. Stat. tit. 59, § 59-164c — OK Code / Title 59 / Section 59-164c
Renumbered as Section 161.11 of Title 59 by Laws 1991, c
Status: in_force

265, § 22, eff. Oct. 1, 1991.
Okla. Stat. tit. 59, § 59-46.35 — OK Code / Title 59 / Section 59-46.35
Unlawful compensation
Status: in_force

It shall be unlawful for a landscape architect to accept or to

receive compensation, directly or indirectly, from any person other

than the client in connection with the reparation, alteration or

construction of a project in relation to which the landscape

architect shall have accepted employment in any manner.
Okla. Stat. tit. 59, § 59-2028 — OK Code / Title 59 / Section 59-2028
Respiratory Care Advisory Committee - Members -
Status: in_force

Qualifications - Terms - Vacancies - Removal.

A. 1. There is hereby created a Respiratory Care Advisory

Committee within the State Board of Medical Licensure and

Supervision, hereinafter referred to as the Committee, to assist in

administering the provisions of the Respiratory Care Practice Act.

The Committee shall consist of nine (9) members, appointed as

follows:

a. one member shall be a physician appointed by the Board

from its membership,

b. one member shall be a physician appointed by the Board

from a list of qualified individuals submitted by the

Oklahoma State Medical Association and who is not a

member of the Board,

c. one member shall be a physician appointed by the State

Board of Osteopathic Examiners from its membership,

d. 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, and

e. five members shall be licensed respiratory care

practitioners appointed by the Board from a list of

respiratory care practitioners submitted by the

Oklahoma Society for Respiratory Care (OSRC).

2. Other than the physicians appointed from the membership of

the State Board of Medical Licensure and Supervision and of the

State Board of Osteopathic Examiners, the physician members shall

have special qualifications in the diagnosis and treatment of

respiratory problems and, wherever possible, be qualified in the

management of acute and chronic respiratory disorders.

3. The respiratory care practitioner members shall have been

engaged in rendering respiratory care services to the public,

teaching or research in respiratory 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

respiratory care in this state, except for the members first

appointed to the Committee. These initial members shall, at the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1412

time of appointment, be credentialed as a Registered Respiratory

Therapist (RRT) or current equivalent credential as identified by

the Respiratory Care Advisory Committee and approved by the State

Board of Medical Licensure and Supervision.

B. 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 November 1, 1995, and shall continue for the

following periods: two physicians and two respiratory care

practitioners for a period of three (3) years; and two physicians

and three respiratory care practitioners 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

pursuant to the provisions of subsection C of this section.

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 additional 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.
Okla. Stat. tit. 59, § 59-356.3 — OK Code / Title 59 / Section 59-356.3
Appeals process - Dismissal - Fraud or willful
Status: in_force

misrepresentation - Application of act.

A. Each entity conducting an audit shall establish a written

appeals process under which a pharmacy may appeal an unfavorable

preliminary audit report and/or final audit report to the entity.

B. Following an appeal, if the entity finds that an unfavorable

audit report or any portion thereof is unsubstantiated, the entity

shall dismiss the audit report or the unsubstantiated portion of the

audit report without any further action.

C. Any final audit report, following the final audit appeal

period, with a finding of fraud or willful misrepresentation shall

be referred to the district attorney having proper jurisdiction or

the Attorney General for prosecution upon completion of the appeals

process. If a finding of fraud or willful misrepresentation is

referred to a district attorney under this subsection, the auditing

Oklahoma Statutes - Title 59. Professions and Occupations Page 337

entity shall notify the Attorney General as to whom the referral was

made and the date the referral was made.

D. For any audit initiated based on suspicion of fraud, willful

misrepresentation, or abuse, the auditing entity shall provide, in

writing, at the time of the audit, a clear and conspicuous

declaration to the pharmacy being audited that the audit is being

conducted under suspicion of fraud, willful misrepresentation, or

abuse and a statement of facts that supports the reasonable

suspicion. The entity conducting an audit based on suspicion of

fraud, willful misrepresentation, or abuse shall provide a copy of

the clear and conspicuous declaration required by this subsection to

the pharmacy’s contracting agent by certified mail within five (5)

business days of notifying the pharmacy of an audit pursuant to this

section.

E. The entity conducting an audit based on suspicion of fraud,

willful misrepresentation, or abuse shall:

1. Deliver a preliminary findings report to the pharmacy and

the pharmacy’s contracting agent within ninety (90) calendar days of

notification of the audit;

2. Allow the pharmacy at least ninety (90) calendar days

following the receipt of the preliminary audit findings report in

which to produce documentation to address any discrepancy found

during the audit. A pharmacy may request an extension, not to

exceed an additional forty-five (45) calendar days;

3. Deliver a final audit findings report to the pharmacy and

the pharmacy’s contracting agent signed by the auditor within thirty

(30) calendar days after receipt of additional documentation

provided by the pharmacy;

4. Allow the pharmacy to reverse and resubmit claims

electronically within thirty (30) calendar days of receipt of the

final audit report in lieu of the auditing entity recouping

discrepant claim amounts from the pharmacy;

5. Not recoup any disputed funds until after the final

disposition of the audit findings, including the appeals process

pursuant to this section;

6. Not accrue interest during the audit and appeal period;

7. Ensure that each preliminary audit findings report submitted

pursuant to this section includes:

a. specific prescription numbers, fill dates, drug names,

and NDC numbers, and

b. the date of receipt of documents from the pharmacy,

the pharmacy’s contracting agent, or any other source

associated with the audit;

8. Ensure that each final audit findings report includes any

additional documentation that was submitted to the auditing entity;

Oklahoma Statutes - Title 59. Professions and Occupations Page 338

9. Provide the plan sponsor a copy of the final audit results

within thirty (30) calendar days of the final disposition of the

audit; and

10. At the request of the plan sponsor, provide a copy of the

final audit report within thirty (30) calendar days of the request.

F. Any entity conducting an audit that is based on suspicion of

fraud, willful misrepresentation, or abuse shall provide to the

Office of the Attorney General:

1. Notice at least two (2) calendar days prior to beginning

performance of an audit pursuant to this section;

2. A preliminary report within five (5) business days of

providing a copy of the preliminary report to the pharmacy and the

pharmacy’s contracting agent pursuant to this section. The auditing

entity may request an extension from the Attorney General, not to

exceed an additional ninety (90) calendar days; and

3. A final report within ten (10) calendar days following the

closure of the final appeal period for an audit performed pursuant

to this section.

a. The final report for the Office of the Attorney

General shall include the name of each plan sponsor

whose claims were included in the audit recover, the

amount of funds recouped on behalf of the plan, the

date the plan sponsor was notified of the recoupment,

the date the plan sponsor was paid any recoupment, and

the name and contact information for the

representative of the plan sponsor who was notified of

the recoupment at issue in an audit pursuant to this

section.

b. The auditing entity may request an extension from the

Attorney General, not to exceed an additional ten (10)

calendar days.

G. The Attorney General, authorized employees, and examiners

shall have access to any pharmacy benefits manager’s files and

records that may relate to any audit including, but not limited to,

an audit that is based on suspicion of fraud, willful

misrepresentation, or abuse.

H. The Attorney General may levy a civil or administrative fine

not less than One Hundred Dollars ($100.00) and not greater than Ten

Thousand Dollars ($10,000.00) for each violation of this section and

assess any other penalty or remedy authorized by law.
Okla. Stat. tit. 59, § 59-1903 — OK Code / Title 59 / Section 59-1903
Construction and application of act - Exemptions
Status: in_force

A. The Licensed Professional Counselors 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 Professional Counselor" or "LPC" be used

by such professionals:

1. Physicians, psychologists, social workers, 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 clergy.

B. The Licensed Professional Counselors Act shall not be

construed to allow the practice of any of the professions specified

in subsection A of this section by a licensed professional counselor

unless said licensed professional counselor is also licensed or

accredited by an appropriate agency, institution or board.

C. 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 Professional Counselor if such

activities and services are a part of the official duties of such

person with the private nonprofit agency.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1336

1. 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, or

g. marital and family therapist.

2. 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.

3. State agencies contracting to provide behavioral health

services will 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.

The persons exempt under the provisions of this section shall

provide services that are consistent with their training and

experience. Agencies will 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. 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 Professional Counselor if such activities

and services are a part of the official duties of such person with

the private for-profit contracting agency.

1. 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, or

g. marital and family therapist.

2. 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

Oklahoma Statutes - Title 59. Professions and Occupations Page 1337

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.

3. State agencies contracting to provide behavioral health

services will 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.

The persons exempt under the provisions of this section shall

provide services that are consistent with their training and

experience. Agencies will 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, § 59-1035 — OK Code / Title 59 / Section 59-1035
Oklahoma Inspector Examiners Committee - Powers and
Status: in_force

duties.

The Oklahoma Inspector Examiners Committee shall have the power

and duty:

1. To assist the Construction Industries Board in certifying,

licensing and otherwise regulating persons employed as building and

construction inspectors;

Oklahoma Statutes - Title 59. Professions and Occupations Page 891

2. To assist the Board in establishing and administering

examinations to applicants for an Oklahoma inspector's license;

3. To assist the Board in prescribing and adopting forms for

certification and licensure applications;

4. To assist the Board by making recommendations concerning

rules which establish standards of performance for building and

construction inspectors;

5. To assist the Board in determining whether certification by

a national certification program or licensing by another

governmental entity should be approved as a substitute for a

successful completion of the Oklahoma Inspector's Examination;

6. To investigate alleged violations of the provisions of the

Oklahoma Inspectors Act and of any rules promulgated pursuant

thereto; and

7. To have such other powers and duties as are necessary to

implement the Oklahoma Inspectors Act.
Okla. Stat. tit. 59, § 59-1151.30 — OK Code / Title 59 / Section 59-1151.30
Offer to pay insurance deductible or to compensate for
Status: in_force

providing service.

A. A residential or commercial roofing contractor providing

repairs or improvement services to be paid by an insured from the

proceeds of a property or casualty insurance policy shall not, as an

inducement to the sale or provision of goods or services to an

insured, advertise or promise to pay, directly or indirectly, all or

part of any applicable insurance deductible or offer to compensate

an insured for providing any service to the insured. If a roofing

contractor violates the provisions of this section, the insurer to

whom the insured tendered the claim shall not be obligated to

consider the estimate prepared by the roofing contractor. Every

roofing contractor shall provide a written notification of the

requirements of this section with its initial estimate. The

adjuster or insurer shall provide a written notification of the

requirements of this section in the initial estimate relating to the

claim.

B. Any person may file a written duly verified complaint with

the registrar alleging a violation of this section. The complaint

shall be on a form approved by the registrar and shall set forth the

Oklahoma Statutes - Title 59. Professions and Occupations Page 951

alleged act or omission provided in subsection A of this section,

and a statement of sufficient facts upon which a reasonable person

could conclude that the act or omission specified in subsection A of

this section has been committed. All complaints filed with the

registrar shall be open to public inspection. Nothing in this

section shall be construed to require the complainant to first file

a complaint with the registrar before seeking relief or remedies

allowed by law.

C. 1. The registrar shall forward all complaints alleging

violations of this section to the Insurance Department and the

Office of the Attorney General for investigation, enforcement, and

prosecution of any alleged violation.

2. A complaint received by the registrar pursuant to this

section shall be referred to the district attorney for appropriate

disposition as determined by the district attorney in his or her

discretion.

D. Nothing in this section shall be construed to authorize the

registrar to investigate or prosecute any violations of this

section.
Okla. Stat. tit. 59, § 59-858-102 — OK Code / Title 59 / Section 59-858-102
Definitions
Status: in_force

When used in this Code, unless the context clearly indicates

otherwise, the following words and terms shall be construed as

having the meanings ascribed to them in this section:

1. The term “real estate” shall include any interest or estate

in real property, within or without the State of Oklahoma, whether

vested, contingent or future, corporeal or incorporeal, freehold or

nonfreehold, and including leaseholds, options and unit ownership

estates to include condominiums, time-shared ownerships and

cooperatives; provided, however, that the term real estate shall not

include oil, gas or other mineral interests, or oil, gas or other

mineral leases; and provided further, that the provisions of this

Code shall not apply to any oil, gas, or mineral interest or lease

or the sale, purchase or exchange thereof;

2. The term “broker” shall include any person, partnership,

limited liability company, association, corporation, or business

entity, foreign or domestic, who for a fee, commission, or other

valuable consideration, or who with the intention or expectation of

receiving or collecting a fee, commission, or other valuable

consideration, performs any of the following acts:

a. sells, exchanges, purchases, rents, or leases real

estate,

b. offers to sell, exchange, purchase, rent, or lease

real estate,

c. negotiates or attempts to negotiate the listing, sale,

exchange, purchase, rent, or lease of real estate,

d. lists or offers, attempts, or agrees to list real

estate for sale, exchange, rent or lease,

e. auctions or offers, attempts, or agrees to auction

real estate,

f. controls the acceptance or deposit of rent from a

resident of a single-family residential real property

unit,

g. solicits listings of places for rent or lease,

h. solicits for prospective tenants, purchasers, or

sellers, or

Oklahoma Statutes - Title 59. Professions and Occupations Page 704

i. advertises or holds himself or herself out as engaged

in such activities;

3. The term “broker associate” shall include any person who has

qualified for a license as a broker associate, and who is employed

or engaged by, associated as an independent contractor with, or on

behalf of and with the permission of a broker to perform any act set

out in the definition of a broker;

4. The term “business day” means any calendar day except for

Saturday, Sunday, or any public holiday recognized by state or

federal law;

5. The term “contract” means any agreement or arrangement,

including power of attorney, for the purchase, sale, or assignment

of real estate;

6. The term “homeowner” means any individual, entity, trust, or

partnership holding title to residential property;

7. The term “real estate sales associate” shall include any

person having a renewable license and employed or engaged by, or

associated as an independent contractor with, or on behalf of, a

broker to do or deal in any act, acts or transactions set out in the

definition of a broker;

8. “Provisional sales associate” shall include any person who

has been licensed after June 30, 1993, employed or engaged by, or

associated as an independent contractor with, or on behalf of, a

broker to do or deal in any act, acts or transactions set out in the

definition of a broker and subject to an additional forty-five-

clock-hour postlicensing educational requirement to be completed

within the first twelve-month license term. However, the Oklahoma

Real Estate Commission shall promulgate rules for those persons

called into active military service for purposes of satisfying the

postlicensing educational requirement. The license of a provisional

sales associate shall be nonrenewable unless the postlicensing

requirement is satisfied prior to the expiration date of the

license. Further, the terms sales associate and provisional sales

associate shall be synonymous in meaning except where specific

exceptions are addressed in the Oklahoma Real Estate License Code;

9. The term “successful completion” shall include prelicense,

postlicense, and distance education courses in which an approved

public or private school entity has examined the individual, to the

satisfaction of the entity and standards as established by the

Commission, in relation to the course material presented during the

offering;

10. The term “renewable license” shall refer to a broker,

broker associate or sales associate who is a holder of such license

or to a provisional sales associate who has completed the

educational requirements within the required time period as stated

in the Code;

Oklahoma Statutes - Title 59. Professions and Occupations Page 705

11. The term “nonrenewable license” shall refer to a

provisional sales associate who is the holder of such license and

who has not completed the postlicense educational requirement within

the required time period as stated in the Code;

12. The term “surrendered license” shall refer to a real estate

license which is surrendered, upon the request of the licensee, due

to a pending investigation or disciplinary proceedings;

13. The term “canceled license” shall refer to a real estate

license which is canceled, upon the request of the licensee and

approval of the Commission, due to a personal reason or conflict;

14. The term “publicly market” shall include all advertisements

and marketing conducted in a public or open manner or place;

15. “Licensee” shall include any person who performs any act,

acts or transactions set out in the definition of a broker and

licensed under the Oklahoma Real Estate License Code;

16. The word “Commission” shall mean the Oklahoma Real Estate

Commission;

17. The word “person” shall include and mean every individual,

partnership, association or corporation, foreign or domestic;

18. Masculine words shall include the feminine and neuter, and

the singular includes the plural;

19. The word “associate” shall mean a broker associate, sales

associate or provisional sales associate; and

20. The term “wholesaler” means any individual or entity

engaging in the business of securing, negotiating, or facilitating

the sale of residential real estate for the primary purpose of

transferring, assigning, or selling their equitable interest in the

property, directly or indirectly, for financial profit. This

includes any person or entity that:

a. enters into a contract to purchase residential real

estate with the intent of assigning or selling the

contractual rights to another party before taking

possession or legal ownership of such residential real

estate, and

b. engages in double closing. As used in this paragraph,

“double closing” means the wholesaler simultaneously

closes two separate transactions on the same property,

one with the original seller and one with the end

buyer, without the intent to reside in or otherwise

materially improve such residential real estate.
Okla. Stat. tit. 59, § 59-1361 — OK Code / Title 59 / Section 59-1361
Code of ethics
Status: in_force

The State Board of Examiners of Psychologists shall publish a

code of ethics. The code shall take into account the professional

character of psychological service and shall be designed to protect

the interest of the client and the public. In developing and

revising this code, the Board shall hold hearings where interested

persons may be heard on the subject and the Board may take into

account the Ethical Principles of Psychologists and Code of Conduct

promulgated by the American Psychological Association and the Code

of Conduct promulgated by the Association of State and Provincial

Psychology Boards.
Okla. Stat. tit. 59, § 59-1151.16 — OK Code / Title 59 / Section 59-1151.16
Contractor's agent for service of process
Status: in_force

Every applicant for a roofing contractor's registration who is a

nonresident contractor as defined by this act, by signing and filing

the application, appoints the Secretary of State as the applicant's

true and lawful agent upon whom may be served all lawful process in

any action or proceeding against such nonresident contractor for

construction projects performed in this state. Such appointment in

writing is evidence of the roofing contractor's consent that any

such process against the contractor which is so served upon the

Secretary of State shall be of the same legal force and effect as if

served upon the contractor personally within this state. Registered

foreign corporations, registered foreign limited liability

companies, foreign limited liability partnerships and foreign

limited partnerships entitled to do business in this state and

having a current registered agent and registered address on file in

the Office of the Secretary of State need not appoint the Secretary

of State as agent for service of process under this section. Within

ten (10) days after service of the summons upon the Secretary of

State, notice of such service with the summons and complaint in the

action shall be sent to the defendant roofing contractor at the

defendant contractor's last-known address by registered or certified

mail with return receipt requested and proof of such mailing shall

be attached to the summons. The Secretary of State shall keep a

record of all process served upon the Secretary of State under this

section, showing the day and hour of service. Whenever service of

process was made under this section, the court, before entering a

default judgment, or at any stage of the proceeding, may order such

continuance as may be necessary to afford the defendant contractor

reasonable opportunity to defend any action pending against the

defendant contractor.
Okla. Stat. tit. 59, § 59-155 — OK Code / Title 59 / Section 59-155
Investigations and hearings
Status: in_force

The Board of Podiatric Medical Examiners shall:

1. Conduct investigations of complaints against podiatric

physicians filed with the Board pursuant to Section 149 of this

title; and

2. Initiate and conduct individual proceedings, pursuant to

Article II of the Administrative Procedures Act, against podiatric

physicians alleged to have violated the Podiatric Medicine Practice

Act, the Code of Ethics, or the rules of the Board. For such

purposes the Board, or any member thereof, is empowered to issue

subpoenas, compel the attendance of witnesses, and administer oaths

and affirmations. Subpoenas authorized by this section may be

signed and issued by any member of the Board, and shall be served,

and return of service thereof made, in the same manner as a subpoena

is served from a court of record in this state and as return of

service in such case is made. Any person failing and refusing to

attend in obedience to such subpoena, or refusing to be sworn or

examined or answer any question propounded by any member of the

Board or any attorney or licensee upon permission from the Board,

upon conviction thereof, shall be guilty of a misdemeanor and

punishable as such.
Okla. Stat. tit. 59, § 59-46.1 — OK Code / Title 59 / Section 59-46.1
Short title — State Architectural and Licensed Interior
Status: in_force

Designers Act.

Section 46.1 et seq. of this title shall be known and may be

cited as the "State Architectural and Licensed Interior Designers

Act".
Okla. Stat. tit. 59, § 59-887.17 — OK Code / Title 59 / Section 59-887.17
Referrals by physicians, surgeons, or assistants
Status: in_force

thereof - Exceptions.

A. 1. Except for workers’ compensation claims, any person

licensed under the Physical Therapy Practice Act as a physical

therapist including, but not limited to, a licensed physical

therapist operating under a direct-to-employer contract, may

evaluate and treat human ailments by physical therapy on a patient

without a referral from a licensed health care practitioner for a

period not to exceed thirty (30) days. Treatment may be provided by

a physical therapist assistant under the supervision of a physical

therapist. Any treatment provided beyond the thirty-day period

shall be only under the referral of a person licensed as a physician

or surgeon with unlimited license, or the physician assistant of the

person so licensed, and doctors of dentistry, chiropractic, and

podiatry and an Advanced Practice Registered Nurse, with those

referrals being limited to their respective areas of training and

practice.

2. A physical therapist may provide services within the scope

of physical therapy practice without a physician referral to

children who receive physical therapy services pursuant to the

Individuals with Disabilities Education Improvement Act of 2004, as

may be amended, and Section 504 of the Rehabilitation Act of 1973,

as may be amended. Provided further, a plan of care developed by a

Oklahoma Statutes - Title 59. Professions and Occupations Page 807

person authorized to provide services within the scope of the

Physical Therapy Practice Act shall be deemed to be a prescription

for purposes of providing services pursuant to the provisions of the

Individuals with Disabilities Education Improvement Act of 2004, as

may be amended, and Section 504 of the Rehabilitation Act of 1973,

as may be amended.

3. Nothing in the Physical Therapy Practice Act shall prevent a

physical therapist from performing screening and educational

procedures within the scope of physical therapy practice without a

physician referral.

4. Nothing in the Physical Therapy Practice Act shall prevent a

physical therapist from performing services that are provided for

the purpose of fitness, wellness, or prevention that is not related

to the treatment of an injury or ailment.

5. Nothing in the Physical Therapy Practice Act shall be

construed as authorization for a physical therapist or physical

therapist assistant to practice any branch of the healing art.

6. Any person violating the provisions of the Physical Therapy

Practice Act shall be guilty of a misdemeanor as per Section 887.16

of this title.

B. 1. The provisions of the Physical Therapy Practice Act are

not intended to limit the activities of persons legitimately engaged

in the nontherapeutic administration of baths, massage, and normal

exercise.

2. The Physical Therapy Practice Act shall not prohibit

students who are enrolled in schools of physical therapy approved by

the State Board of Medical Licensure and Supervision from performing

such work as is incidental to their course of study; nor shall it

prevent any student in any recognized school of the healing art in

carrying out prescribed courses of study, provided such school is a

recognized institution by the Oklahoma Statutes, and its

practitioners are duly licensed as prescribed by law.

3. Nothing in the Physical Therapy Practice Act shall apply to

any person employed by an agency, bureau, or division of the federal

government while in the discharge of official duties; however, if

such individual engages in the practice of physical therapy outside

the line of official duty, the individual must be licensed as herein

provided.
Okla. Stat. tit. 59, § 59-1000.5b — OK Code / Title 59 / Section 59-1000.5b
Temporary license examinations
Status: in_force

A. The Construction Industries Board shall offer examinations

for temporary journeyman plumber, temporary journeyman electrician,

and temporary mechanical journeyman at least once every thirty (30)

days following a declaration by the Governor of this state of a

state of emergency in response to a disaster involving the

destruction of dwelling units and shall continue do so for at least

six (6) months following the declaration.

B. The temporary journeyman examinations shall be neither less

stringent nor more stringent than examinations for regular

journeyman licenses in this state.

C. No applicant for any temporary journeyman license shall be

allowed more than one opportunity to take the temporary journeyman

examination.

D. No temporary journeyman license shall be extended or

renewed. Upon expiration of the temporary journeyman license, the

license holder shall be ineligible to work as a journeyman in this

state unless qualified under other provisions of law.

E. The temporary license shall be distinguishable from the

regularly issued license.

F. The Construction Industries Board shall not issue a

temporary license until the person demonstrates compliance with the

requirements of Section 1701 et seq. of Title 68 of the Oklahoma

Statutes.
Okla. Stat. tit. 59, § 59-641 — OK Code / Title 59 / Section 59-641
Osteopaths - Annual renewal of certificate - Fee -
Status: in_force

Attendance at educational program - Notice to licensee.

A. All persons legally licensed to practice osteopathic

medicine in this state, on or before the first day of July of each

year, shall apply to the State Board of Osteopathic Examiners, on

forms furnished thereby, for a renewal certificate of registration

entitling such licensee to practice osteopathic medicine and surgery

in Oklahoma during the next ensuing fiscal year.

B. The State Board of Osteopathic Examiners may prescribe

through rule the necessary information required relevant to a

licensee’s professional activity including, but not limited to:

1. Any action taken against the licensee for acts or conduct

similar to acts or conduct described in the Oklahoma Osteopathic

Medicine Act as grounds for disciplinary action;

2. Any adverse judgment, settlement, or award against the

licensee arising from a professional liability claim;

3. The licensee’s voluntary surrender of or voluntary

limitation on any license or authorization to practice medicine and

surgery in any jurisdiction including military, public health, and

foreign;

4. Any denial to the licensee of a license or authorization to

practice medicine and surgery by any jurisdiction including

military, public health, or foreign;

5. The licensee’s voluntary resignation from the medical staff

of any health care institution or voluntary limitation of the

licensee’s staff privileges at such an institution if that action

occurred while the licensee was under formal or informal

investigation by the institution or a committee thereof for any

reason related to alleged medical incompetence, unprofessional or

unethical conduct, or mental or physical impairment;

6. The licensee’s voluntary resignation or withdrawal from a

national, state, or county medical society, association, or

organization if that action occurred while the licensee was under

formal or informal investigation or review by that body for any

reason related to alleged medical incompetence, unprofessional or

unethical conduct, or mental or physical impairment;

7. Whether the licensee has had any health conditions that may

affect his or her ability to practice safely. Disclosures shall

focus on current impairments that directly affect clinical

Oklahoma Statutes - Title 59. Professions and Occupations Page 638

competence or adversely affect ability to practice medicine in a

competent, ethical, and professional manner, not on past or managed

health conditions that do not impair professional duties; and

8. The licensee’s completion of continuing medical education or

other forms of professional maintenance or evaluation, including

specialty board certification or recertification, during the

previous registration period.

C. 1. Each application shall be accompanied by a renewal fee

in an amount sufficient to cover the cost and expense incurred by

the State Board of Osteopathic Examiners, for a renewal of the

person’s certificate to practice osteopathic medicine.

2. The Board may provide for the late renewal of a license upon

payment of a late fee in accordance with Board rules.

D. 1. In addition to the payment of the annual renewal fee,

each licensee applying for a renewal of the certificate shall

furnish to the State Board of Osteopathic Examiners proof that the

person has attended at least two (2) days of the annual educational

program conducted by the Oklahoma Osteopathic Association, or its

equivalent, as determined by the Board, in the fiscal year preceding

the application for a renewal; provided, the Board may excuse the

failure of the licensee to attend the educational program in the

case of illness or other unavoidable casualty rendering it

impossible for the licensee to have attended the educational program

or its equivalent.

2. The Board shall require that the licensee receive not less

than one (1) hour of education in pain management or one (1) hour of

education in opioid use or addiction each year preceding an

application for renewal of a license, unless the licensee has

demonstrated to the satisfaction of the Board that the licensee does

not currently hold a valid federal Drug Enforcement Administration

registration number. Such education may be held at the annual

educational program referenced in paragraph 1 of this subsection.

E. The secretary of the State Board of Osteopathic Examiners

shall send a written notice to every person holding a legal

certificate to practice osteopathic medicine in this state, at least

thirty (30) days prior to the first day of July each year, directed

to the last-known address of the licensee, notifying the licensee

that it will be necessary for the licensee to pay the renewal

license fee as herein provided, and proper forms shall accompany the

notice upon which the licensee shall make application for renewal of

the certificate.

F. The licensee shall attest to the veracity of the application

form for license renewal. Failure to report fully and correctly

shall be grounds for disciplinary action by the Board.

G. The Board shall establish a system for reviewing renewal

forms. The Board may initiate investigations and disciplinary

Oklahoma Statutes - Title 59. Professions and Occupations Page 639

proceedings based on information submitted by licensees for license

renewal.
Okla. Stat. tit. 59, § 59-738.2 — OK Code / Title 59 / Section 59-738.2
Consent of Board issuing license - Laws governing - Duty
Status: in_force

of Attorney General.

None of the Boards referred to in Section 1 of this act shall be

permitted to institute an action to enjoin any person who holds a

valid license regularly issued by any other of the above-named

Boards without first obtaining the written consent of said other

Board to file such injunction proceedings. The terms and provisions

of the respective acts and laws creating and establishing the Boards

above referred to are set forth in Title 59, Oklahoma Statutes 1951,

as Chapters 4, 5, 7, 8, 11, 13 and 14. Provided, that in the event

any of the above-named Boards as to an injunction action, or the

proper district attorney as to a criminal action, fails or refuses

to file such an action to enforce the respective acts and laws

applicable to any such Board within ninety (90) days after complaint

of violation thereof is made thereto, it shall be the duty of the

Attorney General of the State of Oklahoma, if such a sworn complaint

is made thereto, to file and prosecute an appropriate injunction or

criminal action to enforce said act or law, that is, if he finds

there is sufficient competent evidence to support such action.
Okla. Stat. tit. 59, § 59-2036 — OK Code / Title 59 / Section 59-2036
Use of title permitted - Presentation of license
Status: in_force

A. A person holding a license to practice respiratory care in

this state may use the title "respiratory care practitioner" and the

abbreviation "R.C.P."

B. A licensee shall present this license when requested.
Okla. Stat. tit. 59, § 59-15.16 — OK Code / Title 59 / Section 59-15.16
Revocation or suspension of registration and permits of
Status: in_force

firm.

A. After notice and hearing the Board shall revoke the

registration and all permits of a firm if at any time it does not

have all of the qualifications required for registration pursuant to

the provisions of the Oklahoma Accountancy Act.

B. After notice and hearing, the Board may impose any one or

more of the penalties authorized in Section 15.24 of this title on a

firm for any one or more of the following causes:

1. The revocation or suspension of the certificate or license

of any partner or shareholder issued in accordance with the Oklahoma

Accountancy Act;

2. Failure to maintain compliance with the requirements for

issuance or renewal of the permit of the firm;

3. Failure to sign accountants’ opinions in the firm name,

except in instances in which a governmental agency shall require the

signature to be that of an individual;

4. Fraud or deceit by any partner or shareholder in obtaining

the firm permit;

5. Except sole proprietorships, failure to file income tax

returns in the name of the firm; and

6. Dishonesty, fraud, or gross negligence in the practice of

public accounting by any partner, shareholder, or employee of the

firm in the name of the firm.
Okla. Stat. tit. 59, § 59-545.7 — OK Code / Title 59 / Section 59-545.7
PA Licensure Compact Commission
Status: reserved

A. The participating states hereby create and establish a joint

government agency and national administrative body known as the PA

Licensure Compact Commission. The Commission is an instrumentality

of the Compact states acting jointly and not an instrumentality of

any one state. The Commission shall come into existence on or after

the effective date of the Compact as set forth in subsection A of

Section 11.

B. Membership, voting, and meetings:

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

delegate selected by that participating state's licensing board or,

if the state has more than one licensing board, selected

collectively by the participating state's licensing boards;

2. The delegate shall be either:

a. a current PA, physician, or public member of a

licensing board or PA council/committee, or

b. an administrator of a licensing board;

3. Any delegate may be removed or suspended from office as

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

appointed;

4. The participating state licensing board shall fill any

vacancy occurring in the Commission within sixty (60) days;

5. Each delegate shall be entitled to one vote on all matters

voted on by the Commission and shall otherwise have an opportunity

to participate in the business and affairs of the Commission. A

delegate shall vote in person or by such other means as provided in

the bylaws. The bylaws may provide for delegates' participation in

meetings by telecommunications, video conference, or other means of

communication;

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

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

and the bylaws; and

Oklahoma Statutes - Title 59. Professions and Occupations Page 537

7. The Commission shall establish by rule a term of office for

delegates.

C. The Commission shall have the following powers and duties:

1. Establish a code of ethics for the Commission;

2. Establish the fiscal year of the Commission;

3. Establish fees;

4. Establish bylaws;

5. Maintain its financial records in accordance with the

bylaws;

6. Meet and take such actions as are consistent with the

provisions of the Compact and the bylaws;

7. Promulgate rules to facilitate and coordinate implementation

and administration of the Compact. The rules shall have the force

and effect of law and shall be binding in all participating states;

8. Bring and prosecute legal proceedings or actions in the name

of the Commission, provided that the standing of any state licensing

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

9. Purchase and maintain insurance and bonds;

10. Borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a participating state;

11. Hire employees and engage contractors, elect or appoint

officers, fix compensation, define duties, grant such individuals

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

establish the Commission's personnel policies and programs relating

to conflicts of interest, qualifications of personnel, and other

related personnel matters;

12. Accept any and all appropriate donations and grants of

money, equipment, supplies, materials, and services, and receive,

utilize, and dispose of the same, provided that at all times the

Commission shall avoid any appearance of impropriety or conflict of

interest;

13. Lease, purchase, accept appropriate gifts or donations of,

or otherwise own, hold, improve, or use, any property, real,

personal or mixed, provided that at all times the Commission shall

avoid any appearance of impropriety;

14. Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property, real, personal, or mixed;

15. Establish a budget and make expenditures;

16. Borrow money;

17. Appoint committees, including standing committees, composed

of members, state regulators, state legislators or their

representatives, and consumer representatives and such other

interested persons as may be designated in the Compact and the

bylaws;

18. Provide and receive information from, and cooperate with,

law enforcement agencies;

Oklahoma Statutes - Title 59. Professions and Occupations Page 538

19. Elect a chair, vice-chair, secretary and treasurer, and

such other officers of the Commission as provided in the

Commission's bylaws;

20. Reserve for itself, in addition to those reserved

exclusively to the Commission under the Compact, powers that the

executive committee may not exercise;

21. Approve or disapprove a state's participation in the

Compact based upon its determination as to whether the state's

Compact legislation departs in a material manner from the model

Compact language;

22. Prepare and provide to the participating states an annual

report; and

23. Perform such other functions as may be necessary or

appropriate to achieve the purposes of the Compact consistent with

the state regulation of PA licensure and practice.

D. Meetings of the Commission:

1. All meetings of the Commission that are not closed pursuant

to this subsection shall be open to the public. Notice of public

meetings shall be posted on the Commission's website at least thirty

(30) days prior to the public meeting;

2. Notwithstanding paragraph 1 of this subsection, the

Commission may convene a public meeting by providing at least

twenty-four (24) hours prior notice on the Commission's website, and

any other means as provided in the Commission's rules, for any of

the reasons it may dispense with notice of proposed rulemaking under

subsection L of Section 9 of this Compact;

3. The Commission may convene in a closed, nonpublic meeting or

nonpublic part of a public meeting to receive legal advice or to

discuss:

a. noncompliance of a participating state with its

obligations under the Compact,

b. the employment, compensation, discipline, or other

matters, practices, or procedures, related to specific

employees or other matters related to the Commission's

internal personnel practices and procedures,

c. current, threatened, or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase, lease, or

sale of goods, services, or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

Oklahoma Statutes - Title 59. Professions and Occupations Page 539

h. disclosure of investigative records compiled for law

enforcement purposes,

i. disclosure of information related to any investigative

reports prepared by or on behalf of or for use of the

Commission or other committee charged with

responsibility of investigation or determination of

compliance issues pursuant to the Compact,

j. legal advice, or

k. matters specifically exempted from disclosure by

federal or participating states' statutes;

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

this subsection, the chair of the meeting or the chair's designee

shall certify that the meeting or portion of the meeting may be

closed and shall reference each relevant exempting provision; and

5. 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, 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.

E. 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 accept any and all appropriate revenue

sources, donations, and grants of money, equipment, supplies,

materials, and services; and

3. The Commission may levy on and collect an annual assessment

from each participating state and may impose Compact privilege fees

on licensees of participating states to whom a Compact privilege is

granted to cover the cost of the operations and activities of the

Commission and its staff, which must be in a total amount sufficient

to cover its annual budget as approved by the Commission each year

for which revenue is not provided by other sources. The aggregate

annual assessment amount levied on participating states shall be

allocated based upon a formula to be determined by Commission rule.

a. a Compact privilege expires when the licensee's

qualifying license in the participating state from

which the licensee applied for the Compact privilege

expires, and

b. if the licensee terminates the qualifying license

through which the licensee applied for the Compact

privilege before its scheduled expiration, and the

licensee has a qualifying license in another

participating state, the licensee shall inform the

Oklahoma Statutes - Title 59. Professions and Occupations Page 540

Commission that it is changing to that participating

state the participating state through which it applies

for a Compact privilege and pay to the Commission any

Compact privilege fee required by Commission rule;

4. 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 participating states,

except by and with the authority of the participating state;

5. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the financial review and accounting procedures

established under its bylaws. All receipts and disbursements of

funds handled by the Commission shall be subject to an annual

financial review by a certified or licensed public accountant, and

the report of the financial review shall be included in and become

part of the annual report of the Commission.

F. The executive committee:

1. The executive committee shall have the power to act on

behalf of the Commission according to the terms of the Compact and

Commission rules;

2. The executive committee shall be composed of nine (9)

members:

a. seven voting members who are elected by the Commission

from the current membership of the Commission,

b. one ex officio, nonvoting member from a recognized

national PA professional association, and

c. one ex officio, nonvoting member from a recognized

national PA certification organization;

3. The ex officio members will be selected by their respective

organizations;

4. The Commission may remove any member of the executive

committee as provided in its bylaws;

5. The executive committee shall meet at least annually;

6. The executive committee shall have the following duties and

responsibilities:

a. recommend to the Commission changes to the

Commission's rules or bylaws, changes to the Compact

legislation, fees to be paid by Compact participating

states such as annual dues, and any Commission Compact

fee charged to licensees for the Compact privilege,

b. ensure Compact administration services are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor Compact compliance of participating states and

provide compliance reports to the Commission,

Oklahoma Statutes - Title 59. Professions and Occupations Page 541

f. establish additional committees as necessary,

g. exercise the powers and duties of the Commission

during the interim between Commission meetings, except

for issuing proposed rulemaking or adopting Commission

rules or bylaws, or exercising any other powers and

duties exclusively reserved to the Commission by the

Commission's rules, and

h. perform other duties as provided in the Commission's

rules or bylaws;

7. All meetings of the executive committee at which it votes or

plans to vote on matters in exercising the powers and duties of the

Commission shall be open to the public, and public notice of such

meetings shall be given as public meetings of the Commission are

given; and

8. The executive committee may convene in a closed, nonpublic

meeting for the same reasons that the Commission may convene in a

nonpublic meeting as set forth in paragraph 3 of subsection D of

this section and shall announce the closed meeting as the Commission

is required to under paragraph 4 of subsection D of this section and

keep minutes of the closed meeting as the Commission is required to

under paragraph 5 of subsection D of this section.

G. Qualified immunity, defense, and indemnification:

1. The members, officers, executive director, employees, and

representatives of the Commission shall be immune from suit and

liability, both personally and 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 it

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 or

willful or wanton misconduct of that person. The procurement of

insurance of any type by the Commission shall not in any way

compromise or limit the immunity granted hereunder;

2. The Commission shall defend any member, officer, executive

director, employee, and 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 as determined

by the Commission 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 herein shall be construed to prohibit that person from

retaining their own counsel at their own expense, and provided

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 542

result from that person's intentional or willful or wanton

misconduct;

3. The Commission shall indemnify and hold harmless any member,

officer, executive director, employee, and 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

or willful or wanton misconduct of that person;

4. 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 in any proceedings as authorized by Commission rules;

5. Nothing herein shall be construed as a limitation on the

liability of any licensee for professional malpractice or

misconduct, which shall be governed solely by any other applicable

state laws;

6. Nothing herein shall be construed to designate the venue or

jurisdiction to bring actions for alleged acts of malpractice,

professional misconduct, negligence, or other such civil action

pertaining to the practice of a PA. All such matters shall be

determined exclusively by state law other than the Compact;

7. Nothing in the Compact shall be interpreted to waive or

otherwise abrogate a participating state's state action immunity or

state action affirmative defense with respect to antitrust claims

under the Sherman Act, Clayton Act, or any other state or federal

antitrust or anticompetitive law or regulation; and

8. Nothing in the Compact shall be construed to be a waiver of

sovereign immunity by the participating states or by the Commission.
Okla. Stat. tit. 59, § 59-396.5b — OK Code / Title 59 / Section 59-396.5b
Continuing education courses
Status: in_force

A. Beginning July 1, 2006, as a condition of renewal or

reactivation of a license, each licensee shall submit to the

Oklahoma Funeral Board evidence of the completion of clock hours of

continuing education courses approved by the Board within the twelve

(12) months immediately preceding the term for which the license is

issued. The number of hours, or its equivalent, required for each

licensed term shall be determined by the Board and promulgated by

rule. Each licensee shall be required to complete and include as

part of the continuing education provision a certain number of

required subjects as provided by rule.

B. The continuing education courses required by this section

shall be satisfied by courses approved by the Board or the Academy

of Professional Funeral Service Practice.

C. The Board shall maintain a listing of courses approved by

the Board.

D. The Board shall not issue an active renewal license or

reactivate a license unless the continuing education requirement set

forth in this section is satisfied within the prescribed time

period.

E. The provisions of this section shall not apply:

1. During the period a licensee is on inactive status;

2. To a nonresident licensee licensed in this state if the

licensee is not engaged in funeral service or embalming practice in

Oklahoma; and

3. To classes of licensees exempted by rules of the Board.

Oklahoma Statutes - Title 59. Professions and Occupations Page 378
Okla. Stat. tit. 59, § 59-2032 — OK Code / Title 59 / Section 59-2032
Reimbursement of expenses - Protection from liability
Status: in_force

A. Members of the State Board of Medical Licensure and

Supervision and members of the Respiratory Care 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.

B. Members of the Board and Committee shall enjoy the same

rights of protection from personal liability as those enjoyed by

other employees of the state for actions taken while acting under

the provisions of the Respiratory Care Practice Act and in the

course of their duties.
Okla. Stat. tit. 59, § 59-536.8 — OK Code / Title 59 / Section 59-536.8
Registration of license - Display - Surrender
Status: in_force

Every person who is licensed pursuant to the provisions of the

Registered Electrologist Act to practice electrolysis in this state

shall keep the license displayed in his place of business as long as

he or she is engaged in the practice of electrolysis. The receipt

for the annual renewal of license shall be kept at such person’s

place of business and shall be shown to any person requesting to see

the same. The licensee shall keep the Board informed of his or her

current address. A license issued by the Board is the property of

the Board and shall be surrendered on demand of the Board.
Okla. Stat. tit. 59, § 59-646.5 — OK Code / Title 59 / Section 59-646.5
Verification of contact lens prescription by authorized
Status: in_force

sellers.

A. All contact lens sellers authorized to dispense contact

lenses in this state shall verify the contact lens prescription by

the following:

1. Receipt of a written or faxed valid contact lens

prescription signed by the prescribing optometrist; or

2. An electronic or oral affirmative communication of the

complete contact lens prescription from the prescribing optometrist.

B. If a contact lens seller authorized to dispense contact

lenses in this state finds it necessary to contact the prescribing

optometrist via telephone in order to verify a contact lens

prescription, the following protocols shall be followed:

1. Calls shall be made during regular business hours, which for

purposes of this act shall be defined as Monday through Friday

during the hours of 9:00 a.m. and 5:00 p.m. Central Standard Time

excluding federal holidays;

2. Any verification requests shall include the name, address

and telephone number of the patient;

3. The toll-free telephone number shall be included in voice

mail or messages left on answering machines;

4. Contact lens prescriptions shall not be mailed, sent,

delivered or dispensed before verification by the optometrist;

5. Touch-tone telephone options offered by a contact lens

seller or any person authorized to dispense contact lenses in this

state shall not constitute verification;

6. Response-time options stated by a contact lens seller or any

person authorized to dispense contact lenses in this state shall not

constitute verification; and

7. Calls shall comply with federal statutes.

C. In the absence of a prescription as defined and described in

Section 10 of this act, it shall be a violation of this act to

dispense contact lenses through the mail or otherwise to an Oklahoma

resident.
Okla. Stat. tit. 59, § 59-1688v1 — OK Code / Title 59 / Section 59-1688v1
Term of license and apprentice or student intern
Status: in_force

registration certificates — Renewal — Late penalty.

A. No license shall be issued for longer than one (1) year, and

all licenses shall expire on the last day in the birth month of the

licensee. A license may be renewed upon application and payment of

fees thirty (30) days preceding or following the date the license is

due. Licenses renewed more than thirty (30) days following the date

of expiration may be renewed only upon application and payment of

all required fees and payment of any penalty for late renewal

established by the Board and upon compliance with any applicable

continuing education requirements established by the Board and the

Electrical License Act. No penalty for late renewal shall be

charged to any holder of a license which expires while the holder is

in military service, if an application for renewal is made within

one (1) year following the service discharge of the holder.

B. No journeyman or contractor license shall be renewed unless

the licensee has completed the required hours of continuing

education, as determined and approved by the Committee of Electrical

Examiners and approved by the Construction Industries Board.
Okla. Stat. tit. 59, § 59-1917 — OK Code / Title 59 / Section 59-1917
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 professional counselors, and who meet the

recognized minimum standards as established by appropriate

nationally recognized certification agencies; provided, if 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 professional

counselor the appropriate specialty designation. The licensed

professional counselor may attain specialty designation through

examination. A licensed professional counselor shall not claim or

advertise a counseling specialty and shall not incorporate the

specialty designation into the professional title of such licensed

professional counselor, 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, § 59-545.3 — OK Code / Title 59 / Section 59-545.3
Participation requirements
Status: in_force

A. To participate in the Compact, a participating state shall:

1. License PAs;

2. Participate in the Compact Commission's data system;

3. Have a mechanism in place for receiving and investigating

complaints against licensees and license applicants;

4. Notify the Commission, in compliance with the terms of the

Compact and Commission rules, of any adverse action against a

licensee or license applicant and the existence of significant

investigative information regarding a licensee or license applicant;

5. Fully implement a criminal background check requirement

within a time frame established by Commission rule, by its licensing

board receiving the results of a criminal background check, and

Oklahoma Statutes - Title 59. Professions and Occupations Page 533

reporting to the Commission whether the license applicant has been

granted a license;

6. Comply with the rules of the Compact Commission;

7. Utilize passage of a recognized national exam such as the

NCCPA PANCE as a requirement for PA licensure; and

8. Grant the Compact privilege to a holder of a qualifying

license in a participating state.

B. Nothing in the Compact prohibits a participating state from

charging a fee for granting the Compact privilege.
Okla. Stat. tit. 59, § 59-475.19 — OK Code / Title 59 / Section 59-475.19
Allegations of violations - Notice and hearing -
Status: in_force

Appeal.

A. Investigations and inquiries concerning the professional

licensed activities of licensees, or any person or entity who may be

in violation of the Board's statutes and rules, may be initiated

pursuant to the request of the Investigative Committee or the

public. In the event of such an investigation, all licensees and

subjects of complaints have a duty to provide all information

requested by the Board within thirty (30) days or a later time if

agreed to by the licensee and the Investigative Committee. All

allegations shall be timely investigated by the Investigative

Committee of the Board and, unless determined unfounded or trivial,

or unless settled by mutual accord, shall be filed as a formal

notice of charges by the Board.

B. The time and place for the hearing shall be fixed by the

Board, and a copy of the charges, together with a notice of the time

and place of hearing, shall be personally served on or mailed to the

last-known address of such person, licensee, or entity at least

thirty (30) days before the date fixed for the hearing. At any

hearing, the accused shall have the right to appear in person or by

counsel, or both, to cross-examine witnesses in their defense, and

to produce evidence and witnesses in their own defense. If the

accused fails or refuses to appear, the Board may proceed to hear

and determine the validity of the charges.

C. If, after such hearing, a majority of the quorum of the

empaneled Board vote in favor of sustaining any one or more of the

charges, the Board shall reprimand, fine for each count or separate

offense, levy administrative penalties pursuant to Section 475.20 of

this title, place on probation for a period of time and subject to

such conditions as the Board may specify, refuse to issue, restore,

renew, place practice restrictions on, suspend or revoke the

individual's license, or the firm's certificate of authority.

Oklahoma Statutes - Title 59. Professions and Occupations Page 422

D. Any named respondent aggrieved by any action of the Board in

levying a fine, denying, suspending, refusing to issue, restore or

renew, placing practice restrictions on, or revoking the license of

the person, or its certificate of authority, may appeal therefrom to

the proper court under normal civil procedures.

E. The Board may, upon petition of an individual licensee or

firm holding a certificate of authority, reissue a license or

authorization, provided that a majority of the members of the Board

vote in favor of such issuance.
Okla. Stat. tit. 59, § 59-167 — OK Code / Title 59 / Section 59-167
Renumbered as Section 161.13 of Title 59 by Laws 1991, c
Status: in_force

265, § 22, eff. Oct. 1, 1991.

Oklahoma Statutes - Title 59. Professions and Occupations Page 180
Okla. Stat. tit. 59, § 59-519.8 — OK Code / Title 59 / Section 59-519.8
License renewal - Fees
Status: in_force

A. Licenses issued to physician assistants shall be renewed

annually on a date determined by the State Board of Medical

Licensure and Supervision. Each application for renewal shall

document that the physician assistant has earned at least twenty

(20) hours of continuing medical education during the preceding

calendar year. Such continuing medical education shall include not

less than one (1) hour of education in pain management or one (1)

hour of education in opioid use or addiction.

B. The Board shall promulgate, in the manner established by its

rules, fees for the following:

1. Initial licensure;

2. License renewal;

3. Late license renewal; and

4. Disciplinary hearing.
Okla. Stat. tit. 59, § 59-1512v2 — OK Code / Title 59 / Section 59-1512v2
Administration and enforcement
Status: in_force

A. Rule Making Power. The Administrator shall have the same

authority to adopt, amend and repeal rules as is conferred upon him

by paragraph (e) of subsection (1), and subsections (2) and (3) of

Section 6-104 of Title 14A of the Oklahoma Statutes, as applicable,

and such rules shall have the same effect as provided in subsection

(4) of Section 6-104 thereunder. In addition, the Administrator may

adopt, amend and repeal such other rules as are necessary for the

enforcement of the provisions of Section 1501 et seq. of this title

and consistent with all its provisions.

B. Administrative Enforcement. Compliance with the provisions

of this act may be enforced by the Administrator who may exercise,

for such purpose, all the powers enumerated in Part 1 of Article 6,

Title 14A of the Oklahoma Statutes, in the same manner as in

relation to consumer credit transactions under that act, as well as

those powers conferred in this act.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1142

C. Criminal Penalties. 1. Any person who engages in the

business of operating a pawn shop without first securing the license

prescribed by this act shall be guilty of a misdemeanor and upon

conviction thereof shall be punished by a fine not in excess of One

Thousand Dollars ($1,000.00), by confinement in the county jail for

not more than six (6) months or by both.

2. Any person selling or pledging property to a pawnbroker who

uses false or altered identification or a false declaration of

ownership as related to the provisions of Section 1515 of this title

shall be punished as follows:

a. if the value of the property is less than One Thousand

Dollars ($1,000.00), the person shall, upon

conviction, be guilty of a misdemeanor punishable by

imprisonment in the county jail for a term not to

exceed one (1) year, or by a fine not to exceed Five

Hundred Dollars ($500.00), or by both such

imprisonment and fine,

b. if the value of the property is One Thousand Dollars

($1,000.00) or more but less than Two Thousand Five

Hundred Dollars ($2,500.00), the person shall, upon

conviction, be guilty of a Class D1 felony offense

punishable by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of

the Oklahoma Statutes, or by a fine not to exceed Five

Hundred Dollars ($500.00), or by both such

imprisonment and fine,

c. if the value of the personal property is Two Thousand

Five Hundred Dollars ($2,500.00) or more but less than

Fifteen Thousand Dollars ($15,000.00), the person

shall, upon conviction, be guilty of a Class D1 felony

offense punishable by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of

the Oklahoma Statutes, or by a fine not to exceed Five

Hundred Dollars ($500.00), or by both such

imprisonment and fine, or

d. if the value of the personal property is Fifteen

Thousand Dollars ($15,000.00) or more, the person

shall, upon conviction, be guilty of a Class D1 felony

offense punishable by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of

the Oklahoma Statutes, or by a fine not to exceed Five

Hundred Dollars ($500.00), or by both such

imprisonment and fine.

3. Any person who fails to repay a pawnbroker the full amount

received from a pawn or buy transaction after being officially

notified by a peace officer that the goods he or she pledged or sold

in that transaction were stolen or embezzled shall, upon conviction,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1143

be guilty of a misdemeanor punishable by imprisonment in the county

jail for a term not to exceed six (6) months, or a fine not to

exceed Five Hundred Dollars ($500.00), or by both such fine and

imprisonment.

D. Private Enforcement. 1. If any person engages in the

business of operating a pawnshop without first securing the license

prescribed by this act, or if any pawnbroker contracts for, charges

or receives a pawn finance charge in excess of that authorized by

this act, the pawn transaction shall be void and the customer is not

obligated to pay either the amount financed or the pawn finance

charge in connection with the transaction, and upon the customer's

demand, the pawnbroker shall be obligated to return to the customer,

as a refund, all amounts paid in connection with the transaction by

the customer and the pledged goods delivered to the pawnbroker in

connection with the pawn transaction or their value if the goods

cannot be returned. If a customer is entitled to a refund under

this section and a pawnbroker liable to the customer refuses to make

the refund within a reasonable time after demand, the customer shall

have an action against the pawnbroker and in the case of a

successful action to enforce such liability, the costs of the action

together with attorney fees as determined by the court shall be

awarded to the customer.

2. A pawnbroker who fails to disclose information to a customer

entitled to the information under this act is liable to that person

in an amount equal to the sum of:

a. twice the amount of the pawn finance charge in

connection with the transaction, or One Hundred

Dollars ($100.00), whichever is greater, and

b. in the case of a successful action to enforce the

liability under paragraph 1 of this subsection, the

costs of the action together with reasonable attorney

fees as determined by the court.
Okla. Stat. tit. 59, § 59-858-716 — OK Code / Title 59 / Section 59-858-716
Nonresident applicants from states with substantially
Status: in_force

equivalent certification requirements.

If, in the determination by the Board, another state is deemed

to have substantially equivalent certification requirements, an

applicant who is certified under the laws of such other state may

obtain a certificate as an Oklahoma certified real estate appraiser

upon such terms and conditions as may be determined by the Board

provided they are in good standing with the state in which they hold

a current certification and have become a resident of Oklahoma.
Okla. Stat. tit. 59, § 59-367.7 — OK Code / Title 59 / Section 59-367.7
Promulgation of rules – Donation of unused prescription
Status: in_force

drugs.

A. The Board of Pharmacy shall promulgate emergency rules by

December 1, 2004, to implement the Utilization of Unused

Prescription Medications Act. Permanent rules shall be promulgated

pursuant to the Administrative Procedures Act. Such rules shall

include:

1. Eligibility criteria for pharmacies and charitable clinics

authorized to receive and dispense donated prescription drugs under

the Utilization of Unused Prescription Medications Act;

2. Establishment of a formulary which shall include all

prescription drugs approved by the federal Food and Drug

Administration;

3. Standards and procedures for transfer, acceptance, safe

storage, security, and dispensing of donated prescription drugs;

4. A process for seeking input from the State Department of

Health in establishing provisions which affect nursing homes and

assisted living centers;

5. A process for seeking input from the Department of Mental

Health and Substance Abuse Services in establishing provisions which

affect mental health and substance abuse clients;

6. Standards and procedures for inspecting donated prescription

drugs to ensure that the drugs are in compliance with the

Utilization of Unused Prescription Medications Act and to ensure

that, in the professional judgment of the pharmacist, the

medications meet all federal and state standards for product

integrity;

Oklahoma Statutes - Title 59. Professions and Occupations Page 357

7. Procedures for destruction of medications that are donated

which are controlled substances;

8. Procedures for verifying whether the pharmacy and

responsible pharmacist participating in the program are licensed and

in good standing with the Board of Pharmacy;

9. Establishment of standards for acceptance of unused

prescription medications from assisted living centers; and

10. Any other standards and procedures the Board of Pharmacy

deems appropriate or necessary to implement the provisions of the

Utilization of Unused Prescription Medications Act.

B. In accordance with the rules and procedures of the program

established pursuant to this section, a resident of a nursing

facility or assisted living center, or the representative or

guardian of a resident may donate unused prescription medications,

other than prescription drugs defined as controlled dangerous

substances by Section 2-101 of Title 63 of the Oklahoma Statutes,

for dispensation to medically indigent persons.
Okla. Stat. tit. 59, § 59-1918 — OK Code / Title 59 / Section 59-1918
Licensed Professional Counselors Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Board of Behavioral Health Licensure, to be designated

the "Licensed Professional Counselors Revolving Fund". The fund

shall be a continuing fund, not subject to fiscal year limitations,

and shall consist of all monies received pursuant to this act. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Executive Director to meet

expenses necessary for carrying out the purpose of the Licensed

Professional Counselors Act. Expenditures from said fund shall be

approved by the Board and 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, § 59-367.3 — OK Code / Title 59 / Section 59-367.3
Program for utilization of unused prescription drugs
Status: in_force

A. The Board of Pharmacy shall implement statewide a program

consistent with public health and safety through which unused

prescription drugs, other than prescription drugs defined as

Oklahoma Statutes - Title 59. Professions and Occupations Page 352

controlled dangerous substances in Section 2-101 of Title 63 of the

Oklahoma Statutes, may be transferred from residential care homes,

nursing facilities, assisted living centers, public intermediate

care facilities for individuals with intellectual disabilities

(ICFs/IID) or pharmaceutical manufacturers to pharmacies operated by

a county. If no county pharmacy exists, or if a county pharmacy

chooses not to participate, such unused prescription medications may

be transferred to a pharmacy operated by a city-county health

department or a pharmacy under contract with a city-county health

department, a pharmacy operated by the Department of Mental Health

and Substance Abuse Services or a charitable clinic for the purpose

of distributing the unused prescription medications to Oklahoma

residents who are medically indigent.

B. The Board of Pharmacy shall promulgate rules and establish

procedures necessary to implement the program established by the

Utilization of Unused Prescription Medications Act.

C. The Board of Pharmacy shall provide technical assistance to

entities who may wish to participate in the program.
Okla. Stat. tit. 59, § 59-1000.25 — OK Code / Title 59 / Section 59-1000.25
System of fees - Construction permits
Status: in_force

A. The Oklahoma Uniform Building Code Commission shall

establish a system of fees to be charged for the issuance and

renewal of any construction permits issued by any agency,

municipality, or other political subdivision of this state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 870

B. This provision is subject to the following limitations:

1. No schedule of fees may be established or amended by the

Commission except during such times as the Legislature is in

session; provided, the Commission may establish or amend a schedule

of fees at a time when the Legislature is not in session if the fees

or schedule of fees has been specifically authorized by the

Legislature pursuant to paragraphs 3 and 4 of this subsection. The

Commission must follow the procedures required by Article I of the

Administrative Procedures Act for adoption of rules in establishing

or amending any such schedule of fees;

2. The Commission shall charge fees for construction permits

and renewal of such permits issued by any state agency,

municipality, or other political subdivision of this state which

authorized work governed by codes within the purview of the

Commission only within the following ranges:

a. for issuance of permit not to exceed $5.00

b. for renewal of permit not to exceed $5.00

3. Fees shall be remitted to the Oklahoma Uniform Building Code

Commission within thirty (30) days after the end of the preceding

calendar month. The Oklahoma Uniform Building Code Commission shall

report electronically to the Governor, President Pro Tempore of the

Senate and the Speaker of the House semiannually its collections for

the six (6) months preceding the report;

4. Fees shall be collected by any state agency, municipality or

other political subdivision issuing construction permits within this

state. The fees shall be deposited in an account created by the

collecting entity for that purpose;

5. The state agency, municipality or other political

subdivision shall remit the monies in the account on a monthly basis

directly to the State Treasury for deposit in the Oklahoma Uniform

Building Code Commission Revolving Fund created pursuant to Section

1000.28 of this title. Along with the deposits required by this

paragraph, each state agency, municipality or other political

subdivision shall also submit a report stating the total amount of

funds collected and the total number of fees imposed during the

preceding month. The report shall be made on computerized or manual

disposition reports as provided by rule of the Commission;

6. Any state agency, municipality or other political

subdivision collecting and remitting fees pursuant to this section

may levy a fee up to fifty cents ($0.50) for every construction

permit or renewal permit issued. These monies shall be deposited

into an account for the sole use of the state agency, municipality

or other political subdivision. The state agency, municipality or

other political subdivision shall state the total amount of funds

collected and the total number of fees imposed to the State Treasury

in the report required by paragraph 5 of this subsection;

Oklahoma Statutes - Title 59. Professions and Occupations Page 871

7. It shall be the responsibility of the state agency,

municipality or other political subdivision to account for and

ensure the correctness and accuracy of payments made to the State

Treasury pursuant to this title;

8. Funds collected by a state agency, municipality or other

political subdivision and remitted to the State Treasury pursuant to

the Oklahoma Uniform Building Code Commission Act shall be deposited

in the Oklahoma Uniform Building Code Commission Revolving Fund and

shall be used solely for the purposes of the Oklahoma Uniform

Building Code Commission Act; and

9. Nothing in the Oklahoma Uniform Building Code Commission Act

shall prevent the Oklahoma Uniform Building Code Commission from

offering incentives for prompt payment.
Okla. Stat. tit. 59, § 59-1335.1 — OK Code / Title 59 / Section 59-1335.1
Penalty for providing false information on undertaking
Status: in_force

or indemnification agreement.

It shall be unlawful for any principal, person in custody or

defendant, or indemnitor to provide false information, including

identity and physical address, on any undertaking or indemnification

agreement. Violation of this section shall be a misdemeanor

punishable by imprisonment in the county jail for a term of not more

than one (1) year, or by a fine of not more than One Thousand

Dollars ($1,000.00), or by both such imprisonment and fine.Oklahoma Statutes - Title 59. Professions and Occupations Page 28
Okla. Stat. tit. 59, § 59-1472 — OK Code / Title 59 / Section 59-1472
Surrender of license - Restoration
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 1123

Upon the revocation or suspension of any license, the licensee

shall forthwith surrender the license or licenses to the Council;

failure of a licensee to do so shall be a violation of this act and,

upon conviction, shall be subject to the penalties hereinafter set

forth. At any time after the suspension or revocation of any

license, the Council shall restore it to the former licensee, upon

the written recommendations of the Board.
Okla. Stat. tit. 59, § 59-353.7 — OK Code / Title 59 / Section 59-353.7
State Board of Pharmacy - Powers
Status: in_force

The State Board of Pharmacy shall have the power and duty to:

1. Regulate the practice of pharmacy;

2. Regulate the sale and distribution of drugs, medicines,

chemicals and poisons;

3. Regulate the dispensing of drugs and medicines in all places

where drugs and medicines are compounded and/or dispensed;

4. Examine and issue appropriate certificates of licensure as

Doctor of Pharmacy to all applicants whom the Board deems qualified

under the provisions of the Oklahoma Pharmacy Act;

5. Issue licenses to manufacturers, repackagers, outsourcing

facilities, wholesale distributors, third-party logistics providers,

pharmacies and other dispensers, medical gas suppliers, medical gas

distributors, and suppliers of durable medical equipment;

6. Issue sterile compounding and drug supplier permits for

pharmacies at the fee set by the Board, with the expiration date of

such permits to coincide with the pharmacy license annual expiration

date;

7. Prescribe minimum standards with respect to floor space and

other physical characteristics of pharmacies and hospital drug rooms

as may be reasonably necessary for the maintenance of professional

surroundings and for the protection of the safety and welfare of the

Oklahoma Statutes - Title 59. Professions and Occupations Page 298

public, and to refuse the issuance of new or renewal licenses for

failure to comply with such standards. Minimum standards for

hospital drug rooms shall be consistent with the State Department of

Health, Hospital Standards, as defined in OAC 310:667;

8. Authorize its inspectors, compliance officers and duly

authorized representatives to enter and inspect any and all places

including premises, vehicles, equipment, contents and records, where

drugs, medicines, chemicals or poisons are stored, sold, vended,

given away, compounded, dispensed, manufactured, repackaged or

transported;

9. Employ the number of inspectors and pharmacist compliance

officers necessary in the investigation of criminal activity or

preparation of administrative actions at an annual salary to be

fixed by the Board, and to authorize necessary expenses. Any

inspector certified as a peace officer by the Council on Law

Enforcement Education and Training shall have statewide jurisdiction

to perform the duties authorized by this section. In addition, the

inspectors shall be considered peace officers and shall have the

same powers and authority as that granted to peace officers. In

addition, such inspectors or pharmacist compliance officers shall

have the authority to take and copy records and the duty to

confiscate all drugs, medicines, chemicals or poisons found to be

stored, sold, vended, given away, compounded, dispensed or

manufactured contrary to the provisions of the Oklahoma Pharmacy

Act;

10. Investigate complaints, subpoena witnesses and records,

initiate prosecution and hold hearings;

11. Administer oaths in all manners pertaining to the affairs

of the Board and to take evidence and compel the attendance of

witnesses on questions pertaining to the enforcement of the Oklahoma

Pharmacy Act;

12. Reprimand, place on probation, suspend, revoke permanently

and levy fines not to exceed Three Thousand Dollars ($3,000.00) for

each count for which any person charged with violating the Oklahoma

Pharmacy Act or Oklahoma Board of Pharmacy administrative rules has

been convicted in Board hearings. The Board also may take other

disciplinary action. The Board may impose as part of any

disciplinary action the payment of costs expended by the Board for

any legal fees and costs including, but not limited to, staff time,

salary and travel expense, witness fees and attorney fees. The

Board may also require additional continuing education including

attendance at a live continuing education program and may require

participation in a rehabilitation program for the impaired. The

Board may take such actions singly or in combination, as the nature

of the violation requires;

13. Adopt and establish rules of professional conduct

appropriate to the establishment and maintenance of a high standard

Oklahoma Statutes - Title 59. Professions and Occupations Page 299

of integrity and dignity in the profession of pharmacy. Such rules

shall be subject to amendment or repeal by the Board as the need may

arise;

14. Make and publish rules such as may be necessary for

carrying out and enforcing the provisions of the Oklahoma Pharmacy

Act, Oklahoma drug laws and rules, federal drug laws and

regulations, and make such other rules as in its discretion may be

necessary to protect the health, safety and welfare of the public;

15. Establish and collect appropriate fees for licenses,

permits, inspections and services provided; and such fees shall be

nonrefundable. Such fees shall be promulgated to implement the

provisions of the Oklahoma Pharmacy Act and the Oklahoma Abortion-

Inducing Drug Certification Program Act under the provisions of the

Administrative Procedures Act;

16. Regulate:

a. personnel working in a pharmacy, such as interns and

supportive personnel including technicians, and issue

pharmacy technician permits and intern licenses,

b. interns, preceptors and training areas through which

the training of applicants occurs for licensure as a

pharmacist, and

c. such persons regarding all aspects relating to the

handling of drugs, medicines, chemicals and poisons;

17. Acquire by purchase, lease, gift, solicitation of gift or

by any other manner, and to maintain, use and operate or to contract

for the maintenance, use and operation of or lease of any and all

property of any kind, real, personal or mixed or any interest

therein unless otherwise provided by the Oklahoma Pharmacy Act;

provided, all contracts for real property shall be subject to the

provisions of Section 63 of Title 74 of the Oklahoma Statutes;

18. Perform other such duties, exercise other such powers and

employ such personnel as the provisions and enforcement of the

Oklahoma Pharmacy Act may require; and

19. Approve pilot projects designed to utilize new or expanded

technology or processes and provide patients with better pharmacy

products or provide pharmacy services in a more safe and efficient

manner. Such approvals may include provisions granting exemptions

to any rule adopted by the Board.
Okla. Stat. tit. 59, § 59-1000.2 — OK Code / Title 59 / Section 59-1000.2
See the following versions:
Status: in_force

OS 59-1000.2v1 (HB 1686, Laws 2013, c. 292, § 1).

OS 59-1000.2v2 (SB 2038, Laws 2024, c. 452, § 121).
Okla. Stat. tit. 59, § 59-698.8 — OK Code / Title 59 / Section 59-698.8
Licenses - Evidence of suitability to practice -
Status: in_force

Practice without license - Certificate in lieu of license.

A. It shall be unlawful to practice veterinary medicine in this

state without a license or certificate issued by the State Board of

Veterinary Medical Examiners.

B. Requirements for licensure or certification shall be set by

the Board and may be changed as the education and training for the

practice of veterinary medicine changes. Prior to issuance of a

license or certificate to practice veterinary medicine in this

state, the applicant shall have been found by the Board to be of

good moral character and the Board shall consider but not be limited

to the following evidence of suitability to practice:

1. a. Graduation from an approved school of veterinary

medicine whose requirements at the time of graduation

are acceptable to the Board.

b. Graduates of schools of veterinary medicine located

outside the United States and Canada shall be held to

the same standards for evidence of suitability to

practice as are graduates of schools of veterinary

medicine located within the United States in that

applicants shall conform in all respects to the

requirements set forth in this section. Where

necessary, further examination shall be administered

by the Board or its designee to determine competency

to practice. In addition, applicants shall

demonstrate a command of the English language

satisfactory to the Board. Documents and material

submitted in support of application for licensure or

certification, if in a foreign language, shall be

translated and certified as accurate by an

organization acceptable to the Board;

2. Satisfactory completion of a minimum number of months of

education in veterinary medicine as a requirement for graduation

from a school of veterinary medicine as set by the Board;

3. Evidence that the applicant for licensure or certification

is of good moral character;

4. a. Except as otherwise provided by this paragraph,

evidence that the applicant has passed examinations

satisfactory to the Board and that the examination

score is acceptable to the Board. The Board may set

minimum passing scores for examinations and limit the

number of times an applicant may take an examination

in this state.

b. In lieu of national examination requirements, an

applicant shall have actively engaged in the clinical

practice of veterinary medicine for a period of at

least five thousand (5,000) hours during the five (5)

Oklahoma Statutes - Title 59. Professions and Occupations Page 665

consecutive years immediately prior to making

application in Oklahoma and hold a license to practice

veterinary medicine in another state, territory,

district or province of the United States and Canada

and successfully passed the Oklahoma State

Jurisprudence Examination;

5. Evidence that the applicant has demonstrated familiarity

with the statutes and rules set by the Board;

6. Evidence that the applicant is mentally and professionally

capable of practicing veterinary medicine in a competent manner as

determined by the Board and willing to submit, if deemed appropriate

by the Board, to an evaluation of skills and abilities;

7. Evidence that the applicant has not been found guilty by a

court of law of any conduct that would constitute grounds for

disciplinary action under the Oklahoma Veterinary Practice Act or

rules of the Board, and there has been no disciplinary action taken

against the applicant by any public agency concerned with the

practice of veterinary medicine;

8. If the Board deems it necessary, a personal appearance by

the applicant before the Board in support of the applicant's

application for licensure or certification. If the Board is not

satisfied with the credentials of the applicant, or demonstration of

knowledge or skills presented, the Board may require further

examination or supervised practice before reconsideration of the

application; and

9. Evidence that all required fees have been paid.

C. Practice without the legal possession of an active license

or certificate shall be prohibited, and evidence of the practice

shall be reported by the Board to the district attorney of the

county in which the practice is found to occur.

D. Certificates may be issued to any veterinarian who has

failed to obtain or failed to maintain a regular license to practice

veterinary medicine. Such certificates may be issued by the Board

at such times as the Board determines that all requirements for

possession of such certificate have been met as set by rules and

policies of the Board. Certificates may be issued for, but not

limited to, the practice of veterinary medicine under the direct

supervision of a licensed veterinarian while the application for

full licensure is pending.

E. Any active military or their spouse who is licensed in

veterinary medicine or is registered or certified as a veterinary

technician in another state may submit a completed application for

licensure or registration in Oklahoma and if found to be in good

standing and has equivalent education, training and experience shall

be licensed within thirty (30) days. The application fee and the

first period of issuance shall be waived for such active military or

their spouse.

Oklahoma Statutes - Title 59. Professions and Occupations Page 666
Okla. Stat. tit. 59, § 59-368 — OK Code / Title 59 / Section 59-368
Access to prescription drugs for low income Oklahomans
Status: in_force

A. 1. This act shall be known and may be cited as the

“Oklahoma Prescription Drug Discount Program Act of 2005”.

2. Recognizing that many Oklahomans do not have health

insurance coverage for prescription drugs, the Oklahoma Legislature

hereby establishes provisions to increase access to prescription

drugs for low income Oklahomans.

B. The Oklahoma Health Care Authority shall contract with a

pharmacy benefit manager for the administration of a prescription

drug discount program. Oklahoma incorporated entities having a

strong working relationship with Oklahoma’s pharmacies should be

given preference when selecting the administrating entity to ensure

Oklahoma pharmacy’s participation and to ensure the success of the

program. The prescription drug discount program will:

1. Enable persons without prescription drug coverage to be

linked to appropriate manufacturer-sponsored prescription drug

programs via the use of computer software;

2. Establish agreements with prescription drug manufacturers

that outline available discounts and drugs, and in which

prescription drug manufacturers agree to allow the Oklahoma Health

Care Authority contracted pharmacy benefit manager to be the means

testing agent for their programs;

3. Negotiate prescription drug discounts with manufacturers and

utilize Medicaid reimbursement for pharmacy networks and implement a

“one-stop” Oklahoma Prescription Drug Discount program for uninsured

Oklahomans and their families. All negotiated manufacturer drug

discounts shall be provided as a one-hundred-percent pass-through

discount to the plan participant. The plan administrator will be

required to provide the Oklahoma Health Care Authority full

disclosure and transparency of financial relationships with

manufacturers for this program, and will include right-to-audit

provisions in all contracts with the Oklahoma Health Care Authority;

Oklahoma Statutes - Title 59. Professions and Occupations Page 359

4. Ensure that one hundred percent (100%) of the savings from

prescription drug manufacturers and pharmacies is passed on to the

consumer;

5. Enroll persons into a prescription drug discount card

program using specialized computer software that will allow the

consumer to have access via a single application process to all

participating prescription drug manufacturer discount programs;

6. Include outreach and advertising of the program in order to

provide access to the program to potential consumers who do not have

access to prescription drug coverage; and

7. Charge a basic enrollment fee to cover the administrative

costs of the program; provided, however, this provision shall not

apply to an applicant whose income is less than 150% of the Federal

Poverty Level. Provided further, dispensing fees shall not exceed

allowable Medicaid rates.

C. Nothing in this act shall be construed to allow public

disclosure of any proprietary pricing information as contained in

contractual agreements between a pharmaceutical manufacturer and the

Oklahoma Health Care Authority, or a pharmacy benefit manager under

contract with the Oklahoma Health Care Authority to be the means

testing agent for the program.
Okla. Stat. tit. 59, § 59-328.31 — OK Code / Title 59 / Section 59-328.31
Professional entities formed for practice of dentistry
Status: in_force

A. Professional entities formed pursuant to the Professional

Entity Act, for the purpose of rendering professional services by a

dentist, shall be subject to all of the provisions of the State

Dental Act, except that professional entities shall not be required

to obtain a license from the Board of Dentistry. Individuals who

hold a license issued by the Board shall be responsible, pursuant to

the State Dental Act, for their personal conduct without regard to

the fact that they are acting as an owner, manager, agent or

employee of, or the holder of an interest in, a professional entity.

B. Professional entities formed for the purpose of rendering

professional services by a dentist must register with the Board

before rendering such services and must update the registration

during the renewal period of each year. The Board shall:

1. Provide the form and establish the fee for the registration

and update;

2. Maintain a registry of all such professional entities; and

3. Publish annually a summary of the registry.

C. The Board is authorized to issue certificates pursuant to

Section 804 of Title 18 of the Oklahoma Statutes and shall maintain

a record of each certificate issued.

Oklahoma Statutes - Title 59. Professions and Occupations Page 240

D. Enforcement actions by the Board for violation of the State

Dental Act or the rules of the Board may be brought against a

professional entity as well as against any individual who is or has

acted as an owner, manager, agent or employee of, or the holder of

an interest in, the professional entity.
Okla. Stat. tit. 59, § 59-858-601 — OK Code / Title 59 / Section 59-858-601
Creation - Status - Appropriation - Expenditures - Use
Status: in_force

of funds - Eligibility to recover.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Real Estate Commission to be designated

"Oklahoma Real Estate Education and Recovery Fund". The fund shall

consist of monies received by the Oklahoma Real Estate Commission as

fees assessed for the Oklahoma Real Estate Education and Recovery

Fund under the provisions of this act. The revolving fund shall be

a continuing fund not subject to fiscal year limitations and shall

be under the administrative direction of the Oklahoma Real Estate

Commission. The Oklahoma Real Estate Commission may invest all or

part of the monies of the fund in securities offered through the

"Oklahoma State Treasurer's Cash Management Program". Any interest

or dividends accruing from the securities and any monies generated

at the time of redemption of the securities shall be deposited in

the Oklahoma Real Estate Education and Recovery Fund. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Real Estate Commission for

the purposes specified in Section 858-605 of this title.

Expenditures from said fund shall be made pursuant to the laws of

this state and the statutes relating to the said Commission, and

without legislative appropriation. Warrants for expenditures from

said fund shall be drawn by the State Treasurer, based on claims

signed by an authorized employee or employees of the said Commission

and approved for payment by the Director of the Office of Management

and Enterprise Services.

B. Monies in the fund shall be used to reimburse any claimant

who has been awarded a judgment, subject to subsection C of this

section, by a court of competent jurisdiction to have suffered

monetary damages by an Oklahoma real estate licensee in any

transaction for which a license is required under The Oklahoma Real

Estate License Code because of an act constituting a violation of

The Oklahoma Real Estate License Code.

C. In determining a claimant's eligibility to recover from the

fund, the Commission may conduct an independent review of the

merits, findings and damages involved in the underlying action and

may conduct an evidentiary hearing to determine if a claim is

eligible for recovery from the fund and the amount of damages

awarded are due an act constituting a violation of The Oklahoma Real

Estate License Code.
Okla. Stat. tit. 59, § 59-1350.16 — OK Code / Title 59 / Section 59-1350.16
Identifying markings on clothing and vehicles
Status: in_force

A. The words "Bail Enforcer" or "Bail Enforcement" shall be

displayed in bold letters on all clothing worn during the recovery

of a defendant and such words together with the person's valid

state-issued license number shall be on the badge authorized by or

issued by CLEET, which badge shall be in the possession of and

visibly displayed by the bail enforcer during the recovery of a

defendant.

B. Vehicles used by a bail enforcer, if marked, must bear the

words "Bail Enforcer" or "Bail Enforcement". No such vehicle shall

be equipped with a siren, a lamp with a red or blue lens, or an

overhead light or lights with red or blue lens.

C. Any violation of the provisions of this section shall be

deemed a Class D3 felony offense punishable as provided in Section

1350.2 of this title. In addition, the Council on Law Enforcement

Education and Training may suspend or revoke the license pursuant to

the rules promulgated for such prohibited conduct.
Okla. Stat. tit. 59, § 59-1351 — OK Code / Title 59 / Section 59-1351
Citation
Status: in_force

This act may be cited as the "Psychologists Licensing Act."
Okla. Stat. tit. 59, § 59-1370.3 — OK Code / Title 59 / Section 59-1370.3
Duty to report psychologist suspected of practicing
Status: in_force

while impaired or incapacitated.

A. A licensed psychologist shall report to the Board

information regarding a psychologist suspected of practicing

psychology while being impaired or incapacitated by misuse of drugs,

narcotics, alcohol, chemicals, or as a result of any mental or

physical condition. Any person making a report to the Board under

this section shall be immune from any civil or criminal liability

resulting from such reports, provided such reports are made in good

faith.

B. The Board may defer disciplinary action under Section 1370

of this title for an impaired psychologist who voluntarily signs an

agreement, in a form satisfactory to the Board, agreeing to enter a

Board-approved treatment and monitoring program for impaired

practitioners. The impaired psychologist shall consent, in

accordance with applicable law, to the release of any treatment

information to the Board from anyone within the approved treatment

program.

C. In the event the psychologist fails to comply with the

agreement terms and make satisfactory progress in the treatment and

monitoring program, the Board shall suspend the license immediately

Oklahoma Statutes - Title 59. Professions and Occupations Page 1085

and assign a hearing date for the matter to be presented to the

Board.

D. Any person who enters into an agreement under this section

shall be responsible for any and all costs associated with

participation in the treatment program.

E. A psychologist's participation in a treatment program does

not prevent the Board from conducting additional proceedings for

acts or omissions of acts not specifically related to the

impairment.
Okla. Stat. tit. 59, § 59-858-724 — OK Code / Title 59 / Section 59-858-724
Notice and hearing - Subpoenas and depositions
Status: in_force

A. Before suspending or revoking any certification, the Real

Estate Appraiser Board shall notify the appraiser in writing of any

charges made at least thirty (30) days prior to the date set for the

hearing and shall afford the appraiser an opportunity to be heard in

person or by counsel.

B. In any proceeding in which the Board is required to serve an

order on an individual, the Board may send such material to the

individual's address of record with the Board. If the order is

returned with a notation by the United States Postal Service

indicating that it is undeliverable for any reason, and the records

of the Board indicate that the Board has not received any change of

address since the order was sent, as required by the rules of the

Board, the order and any subsequent material relating to the same

matter sent to the most recent address on file with the Board shall

be deemed by the court as having been legally served for all

purposes. The written notice may be served personally or by

registered or certified mail to the last-known business and/or

residence address of the appraiser.

C. The Board shall have the power to subpoena and issue

subpoenas duces tecum and to bring before it any person in this

state, or to take testimony by deposition, in the same manner as

prescribed by law in judicial proceedings in the courts of this

state.
Okla. Stat. tit. 59, § 59-199.6 — OK Code / Title 59 / Section 59-199.6
Rules - Implementation - Unlawful acts - Penalties
Status: in_force

A. The State Board of Cosmetology and Barbering is hereby

authorized to promulgate rules for governing the examination and

licensure of cosmetologists, master cosmetologists, manicurists,

Oklahoma Statutes - Title 59. Professions and Occupations Page 190

nail technicians, estheticians, master cosmetology instructors,

manicurist instructors, esthetics instructors, barbers, master

barbers, and master barber instructors. The Board is hereby

authorized to promulgate rules to govern the sanitary operation of

cosmetology and barbering establishments and to administer fines not

to exceed Fifty Dollars ($50.00) for those licensed and not to

exceed Five Hundred Dollars ($500.00) for those not licensed. Each

day a violation continues shall be construed as a separate offense.

B. The State Board of Cosmetology and Barbering shall have the

power and duty to implement rules of the Board, to issue and renew

licenses, to inspect cosmetology and barbering establishments and

schools, and to inspect the sanitary operating practices of

cosmetology and barbering licensees, including sanitary conditions

of cosmetology and barbering establishments and schools.

C. It shall be unlawful and constitute a misdemeanor,

punishable upon conviction by a fine not less than Fifty Dollars

($50.00), nor more than One Hundred Fifty Dollars ($150.00), or by

imprisonment in the county jail for not more than thirty (30) days,

or both such fine and imprisonment, for any person, firm, or

corporation in this state to:

1. Operate or attempt to operate a cosmetology school/college,

cosmetology or barber establishment, cosmetology or barber school or

college that offers cosmetology, barbering or both without having

obtained a license therefor from the State Board of Cosmetology and

Barbering;

2. Give or attempt to give instruction in cosmetology or

barbering, without having obtained an instructor’s license from the

Board;

3. Practice or offer to practice barbering, cosmetology,

manicuring, or eyelash extension application without having obtained

a license or certification therefor from the Board;

4. Demonstrate as an eyelash extension instructor or operate as

an eyelash extension specialist without having obtained a

certificate from the Board;

5. Permit any person in one’s employ, supervision, or control

to practice cosmetology or barbering unless that person has obtained

an appropriate license from the Board;

6. Willfully violate any rule promulgated by the Board for the

sanitary management and operation of a cosmetology or barber

establishment, cosmetology school or barber college; or

7. Violate any of the provisions of the Oklahoma Cosmetology

and Barbering Act.

D. The State Board of Cosmetology and Barbering shall have the

authority to levy administrative fines not to exceed Five Hundred

Dollars ($500.00) for persons practicing cosmetology or barbering

without a license, and for owners of establishments who allow

unlicensed individuals to practice cosmetology or barbering without

Oklahoma Statutes - Title 59. Professions and Occupations Page 191

a license in their establishment. Each day a violation continues

shall be a separate offense. The administrative fine shall not

exceed a total of Five Hundred Dollars ($500.00).

E. The provisions of the Oklahoma Cosmetology and Barbering Act

shall not apply to the following persons while such persons are

engaged in the proper discharge of their professional duties:

1. Funeral directors;

2. Persons in the Armed Services;

3. Persons authorized to practice the healing arts or nursing;

4. Regularly employed sales people working in retail

establishments engaged in the business of selling cosmetics in

sealed packages;

5. Persons employed to render cosmetology or hairstyling

services in the course of and incidental to the business or

employers engaged in the theatrical, radio, television, or motion

picture production industries, modeling, or photography;

6. Persons performing shampooing services and no other services

requiring a license under this act; or

7. Persons performing hairbraiding services.
Okla. Stat. tit. 59, § 59-15.15C — OK Code / Title 59 / Section 59-15.15C
Services provided by unregistered firm
Status: in_force

It shall not be a violation of the Oklahoma Accountancy Act for

a firm which is not registered under Section 15.15 of this title and

does not hold a valid permit under Section 15.15A of this title and

which does not have an office in this state to provide its

professional services in this state so long as it complies with the

requirements of paragraph 4 of subsection A of Section 15.12A of

this title or meets the requirements of paragraph 3 of subsection A

of Section 15.15 this title, whichever is applicable.
Okla. Stat. tit. 59, § 59-505 — OK Code / Title 59 / Section 59-505
State as party to actions - Board as trial body - Rulings
Status: in_force

- Record.

It is hereby provided that the State of Oklahoma is a proper and

necessary party in the prosecution of all such actions and hearings

before the Board in all matters pertaining to unprofessional conduct

under the contemplation of this act, and the Attorney General of the

state, in person, or by deputy, is authorized and directed to appear

in behalf thereof and the defendant in such action shall have the

right to be represented by counsel. The Board shall sit as a trial

body and the rulings of the president thereof in all questions shall

be the rulings of the Board, unless reversed by a majority vote of

the Board upon appeal thereto from such rulings of the president.

The secretary shall preserve a record of all proceedings in such

hearings and shall furnish a transcript thereof to the defendant

upon request therefor, provided the said defendant shall pay the

actual cost of preparing such transcript. If the services of a

court reporter are requested, the court reporter shall be reimbursed

or paid by the party who made such request.