Okla. Stat. tit. 59, § 59-567.8 — OK Code / Title 59 / Section 59-567.8
Denial, revocation or suspension of license or
Status: in_force

certification - Administrative penalties.

A. The Oklahoma Board of Nursing shall have the power to take

any or all of the following actions:

1. To deny, revoke or suspend any:

a. licensure to practice as a Licensed Practical Nurse,

single-state or multistate,

b. licensure to practice as a Registered Nurse, single-

state or multistate,

c. multistate privilege to practice in Oklahoma,

d. licensure to practice as an Advanced Practice

Registered Nurse,

e. certification to practice as an Advanced Unlicensed

Assistant,

f. authorization for prescriptive authority, or

g. authority to order, select, obtain and administer

drugs;

2. To assess administrative penalties; and

3. To otherwise discipline applicants, licensees or Advanced

Unlicensed Assistants.

B. The Board shall impose a disciplinary action against the

person pursuant to the provisions of subsection A of this section

upon proof that the person:

1. Is guilty of deceit or material misrepresentation in

procuring or attempting to procure:

a. a license to practice registered nursing, licensed

practical nursing, or a license to practice advanced

practice registered nursing with or without either

prescriptive authority recognition or authorization to

order, select, obtain and administer drugs, or

b. certification as an Advanced Unlicensed Assistant;

2. Is guilty of a felony, or any offense substantially related

to the qualifications, functions or duties of any licensee or

Advanced Unlicensed Assistant, or any offense an essential element

of which is fraud, dishonesty, or an act of violence, whether or not

sentence is imposed, or any conduct resulting in the revocation of a

deferred or suspended sentence or probation imposed pursuant to such

conviction. For the purposes of this paragraph, “substantially

related” means the nature of criminal conduct for which the person

was convicted has a direct bearing on the fitness or ability to

Oklahoma Statutes - Title 59. Professions and Occupations Page 577

perform one or more of the duties or responsibilities necessarily

related to the occupation;

3. Fails to adequately care for patients or to conform to the

minimum standards of acceptable nursing or Advanced Unlicensed

Assistant practice that, in the opinion of the Board, unnecessarily

exposes a patient or other person to risk of harm;

4. Is intemperate in the use of alcohol or drugs, which use the

Board determines endangers or could endanger patients;

5. Exhibits through a pattern of practice or other behavior

actual or potential inability to practice nursing with sufficient

knowledge or reasonable skills and safety due to impairment caused

by illness, use of alcohol, drugs, chemicals or any other substance,

or as a result of any mental or physical condition, including

deterioration through the aging process or loss of motor skills,

mental illness, or disability that results in inability to practice

with reasonable judgment, skill or safety; provided, however, the

provisions of this paragraph shall not be utilized in a manner that

conflicts with the provisions of the Americans with Disabilities

Act;

6. Has been adjudicated as mentally incompetent, mentally ill,

chemically dependent or dangerous to the public or has been

committed by a court of competent jurisdiction, within or without

this state;

7. Is guilty of unprofessional conduct as defined in the rules

of the Board;

8. Is guilty of any act that jeopardizes a patient’s life,

health or safety as defined in the rules of the Board;

9. Violated a rule promulgated by the Board, an order of the

Board, or a state or federal law relating to the practice of

registered, practical or advanced practice registered nursing or

advanced unlicensed assisting, or a state or federal narcotics or

controlled dangerous substance law including, but not limited to

prescribing, dispensing or administering opioid drugs in excess of

the maximum limits authorized in Section 2-309I of Title 63 of the

Oklahoma Statutes;

10. Has had disciplinary actions taken against the individual’s

registered or practical nursing license, advanced unlicensed

assistive certification, or any professional or occupational

license, registration or certification in this or any state,

territory or country;

11. Has defaulted or been terminated from the peer assistance

program for any reason;

12. Fails to maintain professional boundaries with patients, as

defined in the Board rules;

13. Engages in sexual misconduct, as defined in Board rules,

with a current or former patient or key party, inside or outside the

health care setting; or

Oklahoma Statutes - Title 59. Professions and Occupations Page 578

14. Has knowingly provided gender transition procedures as

defined in Section 1 of this act to a child.

C. Any person who supplies the Board information in good faith

shall not be liable in any way for damages with respect to giving

such information.

D. The Board may cause to be investigated all reported

violations of the Oklahoma Nursing Practice Act. Information

obtained during an investigation into possible violations of the

Oklahoma Nursing Practice Act shall be kept confidential, but may be

introduced by the state in administrative proceedings before the

Board, whereupon the information admitted becomes a public record.

Public records maintained by the agency are administrative records,

not public civil or criminal records.

Confidential investigative records shall not be subject to

discovery or subpoena in any civil or criminal proceeding, except

that the Board may give such information to law enforcement and

other state agencies as necessary and appropriate in the discharge

of the duties of that agency and only under circumstances that

ensure against unauthorized access to the information.

E. The Board may authorize the Executive Director to issue a

confidential letter of concern to a licensee when evidence does not

warrant formal proceedings, but the Executive Director has noted

indications of possible errant conduct that could lead to serious

consequences and formal action.

F. All individual proceedings before the Board shall be

conducted in accordance with the Administrative Procedures Act.

G. At a hearing the accused shall have the right to appear

either personally or by counsel, or both, to produce witnesses and

evidence on behalf of the accused, to cross-examine witnesses and to

have subpoenas issued by the designated Board staff. If the accused

is found guilty of the charges the Board may refuse to issue a

renewal of license to the applicant, revoke or suspend a license, or

otherwise discipline a licensee.

H. A person whose license is revoked may not apply for

reinstatement during the time period set by the Board. The Board on

its own motion may at any time reconsider its action.

I. Any person whose license is revoked or who applies for

renewal of registration and who is rejected by the Board shall have

the right to appeal from such action pursuant to the Administrative

Procedures Act.

J. 1. Any person who has been determined by the Board to have

violated any provisions of the Oklahoma Nursing Practice Act or any

rule or order issued pursuant thereto shall be liable for an

administrative penalty not to exceed Five Hundred Dollars ($500.00)

for each count for which any holder of a certificate or license has

been determined to be in violation of the Oklahoma Nursing Practice

Act or any rule promulgated or order issued pursuant thereto.

Oklahoma Statutes - Title 59. Professions and Occupations Page 579

2. The amount of the penalty shall be assessed by the Board

pursuant to the provisions of this section, after notice and an

opportunity for hearing is given to the accused. In determining the

amount of the penalty, the Board shall include, but not be limited

to, consideration of the nature, circumstances, and gravity of the

violation and, with respect to the person found to have committed

the violation, the degree of culpability, the effect on ability of

the person to continue to practice, and any show of good faith in

attempting to achieve compliance with the provisions of the Oklahoma

Nursing Practice Act.

K. The Board shall retain jurisdiction over any person issued a

license, certificate or temporary license pursuant to the Oklahoma

Nursing Practice Act, regardless of whether the license, certificate

or temporary license has expired, lapsed or been relinquished during

or after the alleged occurrence or conduct prescribed by the

Oklahoma Nursing Practice Act.

L. In the event disciplinary action is imposed, any person so

disciplined shall be responsible for any and all costs associated

with satisfaction of the discipline imposed.

M. In the event disciplinary action is imposed in an

administrative proceeding, the Board shall have the authority to

recover the monies expended by the Board in pursuing any

disciplinary action, including but not limited to costs of

investigation, probation or monitoring fees, administrative costs,

witness fees, attorney fees and court costs. This authority shall

be in addition to the Board’s authority to impose discipline as set

out in subsection A of this section.

N. The Executive Director shall immediately suspend the license

of any person upon proof that the person has been sentenced to a

period of continuous incarceration serving a penal sentence for

commission of a misdemeanor or felony. The suspension shall remain

in effect until the Board acts upon the licensee’s written

application for reinstatement of the license.

O. When a majority of the officers of the Board, which

constitutes the President, Vice President and Secretary/Treasurer,

find that preservation of the public health, safety or welfare

requires immediate action, summary suspension of licensure or

certification may be ordered before the filing of a sworn complaint

or at any other time before the outcome of an individual proceeding.

The summary suspension of licensure or certification may be ordered

without compliance with the requirements of the Oklahoma Open

Meeting Act. Within seven (7) days after the summary suspension,

the licensee shall be notified by letter that summary suspension has

occurred. The summary suspension letter shall include notice of the

date of the proposed hearing to be held in accordance with Section

485:10-11-2 of the Oklahoma Administrative Code and the

Administrative Procedures Act, within ninety (90) days of the date

Oklahoma Statutes - Title 59. Professions and Occupations Page 580

of the summary suspension letter, and shall be signed by one of the

Board officers.

P. 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.
Okla. Stat. tit. 59, § 59-1005 — OK Code / Title 59 / Section 59-1005
Examinations
Status: in_force

(a) Examinations shall be uniform and shall be practical in

nature but sufficiently strict to test the qualification and fitness

of the applicant as a journeyman plumber or as a plumbing

contractor, as the case may be. It shall be in whole or in part in

writing.

(b) Regular examinations shall be held at least twice each year

and special examinations may be fixed by the Committee. Any

applicant initially failing to pass the examination shall not be

permitted to take another examination for a period of thirty (30)

days, and thereafter any such applicant subsequently failing to pass

the examination shall not be permitted to take a subsequent

examination for a period of ninety (90) days.
Okla. Stat. tit. 59, § 59-1606 — OK Code / Title 59 / Section 59-1606
Waiver of examination requirement
Status: in_force

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

Audiology shall waive the examination and grant a license to

applicants who present proof of current licensure in a state or

country whose requirements for licensure are substantially

equivalent to those of the Speech-Language Pathology and Audiology

Licensing Act.

B. The Board shall waive the examination and grant a license to

those who hold the Certificate of Clinical Competence of the

American Speech-Language-Hearing Association or its current

equivalent in the area for which they are applying for licensure,

provided the requirements for such certification are equivalent to

or greater than those for licensure.
Okla. Stat. tit. 59, § 59-493.7 — OK Code / Title 59 / Section 59-493.7
Interstate Medical Licensure Compact
Status: in_force

INTERSTATE MEDICAL LICENSURE COMPACT

Section 1. PURPOSE

In order to strengthen access to health care, and in recognition

of the advances in the delivery of health care, the member states of

the Interstate Medical Licensure Compact have allied in common

purpose to develop a comprehensive process that complements the

existing licensing and regulatory authority of state medical boards,

provides a streamlined process that allows physicians to become

licensed in multiple states, thereby enhancing the portability of a

medical license and ensuring the safety of patients. The Compact

creates another pathway for licensure and does not otherwise change

a state's existing Medical Practice Act. The Compact also adopts

the prevailing standard for licensure and affirms that the practice

of medicine occurs where the patient is located at the time of the

physician-patient encounter, and therefore requires the physician to

be under the jurisdiction of the state medical board where the

patient is located. State medical boards that participate in the

Compact retain the jurisdiction to impose an adverse action against

a license to practice medicine in that state issued to a physician

through the procedures in the Compact.

Oklahoma Statutes - Title 59. Professions and Occupations Page 454

Section 2. DEFINITIONS

In this Compact:

(a) "Bylaws" means those bylaws established by the Interstate

Commission pursuant to Section 11 of the Compact for its governance,

or for directing and controlling its actions and conduct;

(b) "Commissioner" means the voting representative appointed by

each member board pursuant to Section 11 of the Compact;

(c) "Conviction" means a finding by a court that an individual

is guilty of a criminal offense through adjudication, or entry of a

plea of guilt or no contest to the charge by the offender. Evidence

of an entry of a conviction of a criminal offense by the court shall

be considered final for purposes of disciplinary action by a member

board;

(d) "Expedited license" means a full and unrestricted medical

license granted by a member state to an eligible physician through

the process set forth in the Compact;

(e) "Interstate Commission" means the interstate commission

created pursuant to Section 11 of the Compact;

(f) "License" means authorization by a state for a physician to

engage in the practice of medicine, which would be unlawful without

the authorization;

(g) "Medical Practice Act" means laws and regulations governing

the practice of allopathic and osteopathic medicine within a member

state;

(h) "Member board" means a state agency in a member state that

acts in the sovereign interests of the state by protecting the

public through licensure, regulation and education of physicians as

directed by the state government;

(i) "Member state" means a state that has enacted the Compact;

(j) "Practice of medicine" means the clinical prevention,

diagnosis or treatment of human disease, injury or condition

requiring a physician to obtain and maintain a license in compliance

with the Medical Practice Act of a member state;

(k) "Physician" means any person who:

(1) is a graduate of a medical school accredited by the

Liaison Committee on Medical Education, the Commission

on Osteopathic College Accreditation, or a medical

school listed in the International Medical Education

Directory or its equivalent,

(2) passed each component of the United States Medical

Licensing Examination (USMLE) or the Comprehensive

Osteopathic Medical Licensing Examination (COMLEX-USA)

within three attempts, or any of its predecessor

examinations accepted by a state medical board as an

equivalent examination for licensure purposes,

(3) successfully completed graduate medical education

approved by the Accreditation Council for Graduate

Oklahoma Statutes - Title 59. Professions and Occupations Page 455

Medical Education or the American Osteopathic

Association,

(4) holds specialty certification or a time-unlimited

specialty certificate recognized by the American Board

of Medical Specialties or the American Osteopathic

Association's Bureau of Osteopathic Specialists,

(5) possesses a full and unrestricted license to engage in

the practice of medicine issued by a member board,

(6) has never been convicted, received adjudication,

deferred adjudication, community supervision or

deferred disposition for any offense by a court of

appropriate jurisdiction,

(7) has never held a license authorizing the practice of

medicine subjected to discipline by a licensing agency

in any state, federal or foreign jurisdiction,

excluding any action related to nonpayment of fees

related to a license,

(8) has never had a controlled substance license or permit

suspended or revoked by a state or the United States

Drug Enforcement Administration, and

(9) is not under active investigation by a licensing

agency or law enforcement authority in any state,

federal or foreign jurisdiction;

(l) "Offense" means a felony, gross misdemeanor or crime of

moral turpitude;

(m) "Rule" means a written statement by the Interstate

Commission promulgated pursuant to Section 12 of the Compact that is

of general applicability; implements, interprets or prescribes a

policy or provision of the Compact, or an organizational, procedural

or practice requirement of the Interstate Commission; has the force

and effect of statutory law in a member state; and includes the

amendment, repeal or suspension of an existing rule;

(n) "State" means any state, commonwealth, district or

territory of the United States; and

(o) "State of principal license" means a member state where a

physician holds a license to practice medicine and which has been

designated as such by the physician for purposes of registration and

participation in the Compact.

Section 3. ELIGIBILITY

(a) A physician must meet the eligibility requirements as

defined in subsection (k) of Section 2 of the Compact to receive an

expedited license under the terms and provisions of the Compact.

(b) A physician who does not meet the requirements of

subsection (k) of Section 2 of the Compact may obtain a license to

practice medicine in a member state if the individual complies with

all laws and requirements, other than the Compact, relating to the

issuance of a license to practice medicine in that state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 456

Section 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE

(a) A physician shall designate a member state as the state of

principal license for purposes of registration for expedited

licensure through the Compact if the physician possesses a full and

unrestricted license to practice medicine in that state, and the

state is:

(1) the state of primary residence for the physician, or

(2) the state where at least twenty-five percent (25%) of

the practice of medicine occurs, or

(3) the location of the physician's employer, or

(4) if no state qualifies under paragraph (1), (2) or (3),

the state designated as state of residence for purpose

of federal income tax.

(b) A physician may redesignate a member state as state of

principal license at any time, as long as the state meets the

requirements in subsection (a) of this section.

(c) The Interstate Commission is authorized to develop rules to

facilitate redesignation of another member state as the state of

principal license.

Section 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

(a) A physician seeking licensure through the Compact shall

file an application for an expedited license with the member board

of the state selected by the physician as the state of principal

license.

(b) Upon receipt of an application for an expedited license,

the member board within the state selected as the state of principal

license shall evaluate whether the physician is eligible for

expedited licensure and issue a letter of qualification, verifying

or denying the physician's eligibility, to the Interstate

Commission.

(1) Static qualifications, which include verification of

medical education, graduate medical education, results

of any medical or licensing examination, and other

qualifications as determined by the Interstate

Commission through rule, shall not be subject to

additional primary-source verification where already

primary-source-verified by the state of principal

license.

(2) The member board within the state selected as the

state of principal license shall, in the course of

verifying eligibility, perform a criminal background

check of an applicant, including the use of the

results of fingerprint or other biometric data checks

compliant with the requirements of the Federal Bureau

of Investigation, with the exception of federal

employees who have suitability determination in

accordance with U.S. C.F.R. Section 731.202.

Oklahoma Statutes - Title 59. Professions and Occupations Page 457

(3) Appeal on the determination of eligibility shall be

made to the member state where the application was

filed and shall be subject to the law of that state.

(c) Upon verification in subsection (b) of this section,

physicians eligible for an expedited license shall complete the

registration process established by the Interstate Commission to

receive a license in a member state selected pursuant to subsection

(a) of this section, including the payment of any applicable fees.

(d) After receiving verification of eligibility under

subsection (b) of this section and any fees under subsection (c) of

this section, a member board shall issue an expedited license to the

physician. This license shall authorize the physician to practice

medicine in the issuing state consistent with the Medical Practice

Act and all applicable laws and regulations of the issuing member

board and member state.

(e) An expedited license shall be valid for a period consistent

with the licensure period in the member state and in the same manner

as required for other physicians holding a full and unrestricted

license within the member state.

(f) An expedited license obtained through the Compact shall be

terminated if a physician fails to maintain a license in the state

of principal licensure for a nondisciplinary reason, without

redesignation of a new state of principal licensure.

(g) The Interstate Commission is authorized to develop rules

regarding the application process, including payment of any

applicable fees, and the issuance of an expedited license.

Section 6. FEES FOR EXPEDITED LICENSURE

(a) A member state issuing an expedited license authorizing the

practice of medicine in that state may impose a fee for a license

issued or renewed through the Compact.

(b) The Interstate Commission is authorized to develop rules

regarding fees for expedited licenses.

Section 7. RENEWAL AND CONTINUED PARTICIPATION

(a) A physician seeking to renew an expedited license granted

in a member state shall complete a renewal process with the

Interstate Commission if the physician:

(1) maintains a full and unrestricted license in a state

of principal license,

(2) has not been convicted of, or received adjudication,

deferred adjudication, community supervision or

deferred disposition for any offense by a court of

appropriate jurisdiction,

(3) has not had a license authorizing the practice of

medicine subject to discipline by a licensing agency

in any state, federal or foreign jurisdiction,

excluding any action related to nonpayment of fees

related to a license, and

Oklahoma Statutes - Title 59. Professions and Occupations Page 458

(4) has not had a controlled substance license or permit

suspended or revoked by a state or the United States

Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional

development or continuing medical education requirements for renewal

of a license issued by a member state.

(c) The Interstate Commission shall collect any renewal fees

charged for the renewal of a license and distribute the fees to the

applicable member board.

(d) Upon receipt of any renewal fees collected in subsection

(c) of this section, a member board shall renew the physician's

license.

(e) Physician information collected by the Interstate

Commission during the renewal process will be distributed to all

member boards.

(f) The Interstate Commission is authorized to develop rules to

address renewal of licenses obtained through the Compact.

Section 8. COORDINATED INFORMATION SYSTEM

(a) The Interstate Commission shall establish a database of all

physicians licensed, or who have applied for licensure, under

Section 5 of the Compact.

(b) Notwithstanding any other provision of law, member boards

shall report to the Interstate Commission any public action or

complaints against a licensed physician who has applied or received

an expedited license through the Compact.

(c) Member boards shall report disciplinary or investigatory

information determined as necessary and proper by rule of the

Interstate Commission.

(d) Member boards may report any nonpublic complaint,

disciplinary or investigatory information not required by subsection

(c) of this section to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary

information about a physician upon request of another member board.

(f) All information provided to the Interstate Commission or

distributed by member boards shall be confidential, filed under seal

and used only for investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules

for mandated or discretionary sharing of information by member

boards.

Section 9. JOINT INVESTIGATIONS

(a) Licensure and disciplinary records of physicians are deemed

investigative.

(b) In addition to the authority granted to a member board by

its respective Medical Practice Act or other applicable state law, a

member board may participate with other member boards in joint

investigations of physicians licensed by the member boards.

Oklahoma Statutes - Title 59. Professions and Occupations Page 459

(c) A subpoena issued by a member state shall be enforceable in

other member states.

(d) Member boards may share any investigative, litigation or

compliance materials in furtherance of any joint or individual

investigation initiated under the Compact.

(e) Any member state may investigate actual or alleged

violations of the statutes authorizing the practice of medicine in

any other member state in which a physician holds a license to

practice medicine.

Section 10. DISCIPLINARY ACTIONS

(a) Any disciplinary action taken by any member board against a

physician licensed through the Compact shall be deemed

unprofessional conduct which may be subject to discipline by other

member boards, in addition to any violation of the Medical Practice

Act or regulations in that state.

(b) If a license granted to a physician by the member board in

the state of principal license is revoked, surrendered or

relinquished in lieu of discipline, or suspended, then all licenses

issued to the physician by member boards shall automatically be

placed, without further action necessary by any member board, on the

same status. If the member board in the state of principal license

subsequently reinstates the physician's license, a license issued to

the physician by any other member board shall remain encumbered

until that respective member board takes action to reinstate the

license in a manner consistent with the Medical Practice Act of that

state.

(c) If disciplinary action is taken against a physician by a

member board not in the state of principal license, any other member

board may deem the action conclusive as to matter of law and fact

decided, and:

(1) impose the same or lesser sanction(s) against the

physician so long as such sanction(s) are consistent

with the Medical Practice Act of that state, or

(2) pursue separate disciplinary action against the

physician under its respective Medical Practice Act,

regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is

revoked, surrendered or relinquished in lieu of discipline, or

suspended, then any license(s) issued to the physician by any other

member board(s) shall be suspended, automatically and immediately

without further action necessary by the other member board(s), for

ninety (90) days upon entry of the order by the disciplining board,

to permit the member board(s) to investigate the basis for the

action under the Medical Practice Act of that state. A member board

may terminate the automatic suspension of the license it issued

prior to the completion of the ninety-day suspension period in a

manner consistent with the Medical Practice Act of that state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 460

Section 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

(a) The member states hereby create the "Interstate Medical

Licensure Compact Commission".

(b) The purpose of the Interstate Commission is the

administration of the Interstate Medical Licensure Compact, which is

a discretionary state function.

(c) The Interstate Commission shall be a body corporate and

joint agency of the member states and shall have all the

responsibilities, powers and duties set forth in the Compact, and

such additional powers as may be conferred upon it by a subsequent

concurrent action of the respective legislatures of the member

states in accordance with the terms of the Compact.

(d) The Interstate Commission shall consist of two voting

representatives appointed by each member state who shall serve as

Commissioners. In states where allopathic and osteopathic

physicians are regulated by separate member boards, or if the

licensing and disciplinary authority is split between multiple

member boards within a member state, the member state shall appoint

one representative from each member board. A Commissioner shall be:

(1) an allopathic or osteopathic physician appointed to a

member board,

(2) an executive director, executive secretary or similar

executive of a member board, or

(3) a member of the public appointed to a member board.

(e) The Interstate Commission shall meet at least once each

calendar year. A portion of this meeting shall be a business

meeting to address such matters as may properly come before the

Commission, including the election of officers. The chairperson may

call additional meetings and shall call for a meeting upon the

request of a majority of the member states.

(f) The bylaws may provide for meetings of the Interstate

Commission to be conducted by telecommunication or electronic

communication.

(g) Each Commissioner participating at a meeting of the

Interstate Commission is entitled to one vote. A majority of

Commissioners shall constitute a quorum for the transaction of

business, unless a larger quorum is required by the bylaws of the

Interstate Commission. A Commissioner shall not delegate a vote to

another Commissioner. In the absence of its Commissioner, a member

state may delegate voting authority for a specified meeting to

another person from that state who shall meet the requirements of

subsection (d) of this section.

(h) The Interstate Commission shall provide public notice of

all meetings and all meetings shall be open to the public. The

Interstate Commission may close a meeting, in full or in portion,

where it determines by a two-thirds vote of the Commissioners

present that an open meeting would be likely to:

Oklahoma Statutes - Title 59. Professions and Occupations Page 461

(1) relate solely to the internal personnel practices and

procedures of the Interstate Commission,

(2) discuss matters specifically exempted from disclosure

by federal statute,

(3) discuss trade secrets or commercial or financial

information that is privileged or confidential,

(4) involve accusing a person of a crime or formally

censuring a person,

(5) discuss information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

(6) discuss investigative records compiled for law

enforcement purposes, or

(7) specifically relate to the participation in a civil

action or other legal proceeding.

(i) The Interstate Commission shall keep minutes which shall

fully describe all matters discussed in a meeting and shall provide

a full and accurate summary of actions taken, including record of

any roll-call votes.

(j) The Interstate Commission shall make its information and

official records, to the extent not otherwise designated in the

Compact or by its rules, available to the public for inspection.

(k) The Interstate Commission shall establish an executive

committee, which shall include an executive director, officers,

members and others as determined by the bylaws. The executive

committee shall have the power to act on behalf of the Interstate

Commission, with the exception of rulemaking, during periods when

the Interstate Commission is not in session. When acting on behalf

of the Interstate Commission, the executive committee shall oversee

the administration of the Compact, including enforcement and

compliance with the provisions of the Compact, its bylaws and rules,

and other such duties, as necessary.

(l) The Interstate Commission may establish other committees

for governance and administration of the Compact.

Section 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the duty and power to:

(a) Oversee and maintain the administration of the Compact;

(b) Promulgate rules which shall be binding to the extent and

in the manner provided for in the Compact;

(c) Issue, upon the request of a member state or member board,

advisory opinions concerning the meaning or interpretation of the

Compact and its bylaws, rules and actions;

(d) Enforce compliance with Compact provisions, the rules

promulgated by the Interstate Commission and the bylaws using all

necessary and proper means, including but not limited to the use of

judicial process;

Oklahoma Statutes - Title 59. Professions and Occupations Page 462

(e) Establish and appoint committees including, but not limited

to, an executive committee as required by Section 11 of the Compact,

which shall have the power to act on behalf of the Interstate

Commission in carrying out its powers and duties;

(f) Pay, or provide for the payment of the expenses related to

the establishment, organization and ongoing activities of the

Interstate Commission;

(g) Establish and maintain one or more offices;

(h) Borrow, accept, hire or contract for services of personnel;

(i) Purchase and maintain insurance and bonds;

(j) Employ an executive director who shall have such powers to

employ, select or appoint employees, agents or consultants, and to

determine their qualifications, define their duties and fix their

compensation;

(k) Establish personnel policies and programs relating to

conflicts of interest, rates of compensation and qualifications of

personnel;

(l) Accept donations and grants of money, equipment, supplies,

materials and services, and to receive, utilize and dispose of them

in a manner consistent with the conflict-of-interest policies

established by the Interstate Commission;

(m) Lease, purchase, accept contributions or donations of, or

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

or mixed;

(n) Sell, convey, mortgage, pledge, lease, exchange, abandon,

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

(o) Establish a budget and make expenditures;

(p) Adopt a seal and bylaws governing the management and

operation of the Interstate Commission;

(q) Report annually to the legislatures and governors of the

member states concerning the activities of the Interstate Commission

during the preceding year. Such reports shall also include reports

of financial audits and any recommendations that may have been

adopted by the Interstate Commission;

(r) Coordinate education, training and public awareness

regarding the Compact, its implementation and its operation;

(s) Maintain records in accordance with the bylaws;

(t) Seek and obtain trademarks, copyrights and patents; and

(u) Perform such functions as may be necessary or appropriate

to achieve the purposes of the Compact.

Section 13. FINANCE POWERS

(a) The Interstate Commission may levy on and collect an annual

assessment from each member state to cover the cost of the

operations and activities of the Interstate Commission and its

staff. The total assessment must be sufficient to cover the annual

budget approved each year for which revenue is not provided by other

sources. The aggregate annual assessment amount shall be allocated

Oklahoma Statutes - Title 59. Professions and Occupations Page 463

upon a formula to be determined by the Interstate Commission, which

shall promulgate a rule binding upon all member states.

(b) The Interstate Commission shall not incur obligations of

any kind prior to securing the funds adequate to meet the same.

(c) The Interstate Commission shall not pledge the credit of

any of the member states, except by, and with the authority of, the

member state.

(d) The Interstate Commission shall be subject to a yearly

financial audit conducted by a certified or licensed public

accountant, and the report of the audit shall be included in the

annual report of the Interstate Commission.

Section 14. ORGANIZATION AND OPERATION OF THE INTERSTATE

COMMISSION

(a) The Interstate Commission shall, by a majority of

Commissioners present and voting, adopt bylaws to govern its conduct

as may be necessary or appropriate to carry out the purposes of the

Compact within twelve (12) months of the first Interstate Commission

meeting.

(b) The Interstate Commission shall elect or appoint annually

from among its Commissioners a chairperson, a vice-chairperson and a

treasurer, each of whom shall have such authority and duties as may

be specified in the bylaws. The chairperson or, in the

chairperson's absence or disability, the vice-chairperson shall

preside at all meetings of the Interstate Commission.

(c) Officers selected in subsection (b) of this section shall

serve without remuneration from the Interstate Commission.

(d) The officers and employees of the Interstate Commission

shall be immune from suit and liability, either personally or in

their official capacity, for a claim for damage to or loss of

property or personal injury or other civil liability caused or

arising out of, or relating to, an actual or alleged act, error or

omission that occurred, or that such person had a reasonable basis

for believing occurred, within the scope of Interstate Commission

employment, duties or responsibilities; provided, that such person

shall not be protected from suit or liability for damage, loss,

injury or liability caused by the intentional or willful and wanton

misconduct of such person.

(1) The liability of the executive director and employees

of the Interstate Commission or representatives of the

Interstate Commission, acting within the scope of such

person's employment or duties for acts, errors or

omissions occurring within such person's state may not

exceed the limits of liability set forth under the

constitution and laws of that state for state

officials, employees and agents. The Interstate

Commission is considered to be an instrumentality of

the states for the purposes of any such action.

Oklahoma Statutes - Title 59. Professions and Occupations Page 464

Nothing in this subsection shall be construed to

protect such person from suit or liability for damage,

loss, injury or liability caused by the intentional or

willful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the executive

director, its employees, and, subject to the approval

of the attorney general or other appropriate legal

counsel of the member state represented by an

Interstate Commission representative, shall defend

such Interstate Commission representative in any civil

action seeking to impose liability arising out of an

actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment,

duties or responsibilities, or that the defendant had

a reasonable basis for believing occurred within the

scope of Interstate Commission employment, duties or

responsibilities, provided that the actual or alleged

act, error or omission did not result from intentional

or willful and wanton misconduct on the part of such

person.

(3) To the extent not covered by the state involved,

member state or the Interstate Commission, the

representatives or employees of the Interstate

Commission shall be held harmless in the amount of a

settlement or judgment, including attorney fees and

costs, obtained against such persons arising out of an

actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment,

duties or responsibilities, or that such persons had a

reasonable basis for believing occurred within the

scope of Interstate Commission employment, duties or

responsibilities, provided that the actual or alleged

act, error or omission did not result from intentional

or willful and wanton misconduct on the part of such

persons.

Section 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall promulgate reasonable rules

in order to effectively and efficiently achieve the purposes of the

Compact. Notwithstanding the foregoing, in the event the Interstate

Commission exercises its rulemaking authority in a manner that is

beyond the scope of the purposes of the Compact, or the powers

granted hereunder, then such an action by the Interstate Commission

shall be invalid and have no force or effect.

(b) Rules deemed appropriate for the operations of the

Interstate Commission shall be made pursuant to a rulemaking process

that substantially conforms to the Model State Administrative

Procedure Act of 2010, and subsequent amendments thereto.

Oklahoma Statutes - Title 59. Professions and Occupations Page 465

(c) Not later than thirty (30) days after a rule is

promulgated, any person may file a petition for judicial review of

the rule in the United States District Court for the District of

Columbia or the federal district where the Interstate Commission has

its principal offices; provided, that the filing of such a petition

shall not stay or otherwise prevent the rule from becoming effective

unless the court finds that the petitioner has a substantial

likelihood of success. The court shall give deference to the

actions of the Interstate Commission consistent with applicable law

and shall not find the rule to be unlawful if the rule represents a

reasonable exercise of the authority granted to the Interstate

Commission.

Section 16. OVERSIGHT OF INTERSTATE COMPACT

(a) The executive, legislative and judicial branches of state

government in each member state shall enforce the Compact and shall

take all actions necessary and appropriate to effectuate the

Compact's purposes and intent. The provisions of the Compact and

the rules promulgated hereunder shall have standing as statutory law

but shall not override existing state authority to regulate the

practice of medicine.

(b) All courts shall take judicial notice of the Compact and

the rules in any judicial or administrative proceeding in a member

state pertaining to the subject matter of the Compact which may

affect the powers, responsibilities or actions of the Interstate

Commission.

(c) The Interstate Commission shall be entitled to receive all

service of process in any such proceeding, and shall have standing

to intervene in the proceeding for all purposes. Failure to provide

service of process to the Interstate Commission shall render a

judgment or order void as to the Interstate Commission, the Compact

or promulgated rules.

Section 17. ENFORCEMENT OF INTERSTATE COMPACT

(a) The Interstate Commission, in the reasonable exercise of

its discretion, shall enforce the provisions and rules of the

Compact.

(b) The Interstate Commission may, by majority vote of the

Commissioners, initiate legal action in the United States District

Court for the District of Columbia, or, at the discretion of the

Interstate Commission, in the federal district where the Interstate

Commission has its principal offices, to enforce compliance with the

provisions of the Compact, and its promulgated rules and bylaws,

against a member state in default. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorney fees.

(c) The remedies herein shall not be the exclusive remedies of

the Interstate Commission. The Interstate Commission may avail

Oklahoma Statutes - Title 59. Professions and Occupations Page 466

itself of any other remedies available under state law or the

regulation of a profession.

Section 18. DEFAULT PROCEDURES

(a) The grounds for default include, but are not limited to,

failure of a member state to perform such obligations or

responsibilities imposed upon it by the Compact, or the rules and

bylaws of the Interstate Commission promulgated under the Compact.

(b) If the Interstate Commission determines that a member state

has defaulted in the performance of its obligations or

responsibilities under the Compact, or the bylaws or promulgated

rules, the Interstate Commission shall:

(1) provide written notice to the defaulting state and

other member states of the nature of the default, the

means of curing the default and any action taken by

the Interstate Commission. The Interstate Commission

shall specify the conditions by which the defaulting

state must cure its default, and

(2) provide remedial training and specific technical

assistance regarding the default.

(c) If the defaulting state fails to cure the default, the

defaulting state shall be terminated from the Compact upon an

affirmative vote of a majority of the Commissioners and all rights,

privileges and benefits conferred by the Compact shall terminate on

the effective date of termination. A cure of the default does not

relieve the offending state of obligations or liabilities incurred

during the period of the default.

(d) Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to terminate shall be given by the

Interstate Commission to the Governor, the majority and minority

leaders of the defaulting state's legislature and each of the member

states.

(e) The Interstate Commission shall establish rules and

procedures to address licenses and physicians that are materially

impacted by the termination of a member state or the withdrawal of a

member state.

(f) The member state which has been terminated is responsible

for all dues, obligations and liabilities incurred through the

effective date of termination, including obligations, the

performance of which extends beyond the effective date of

termination.

(g) The Interstate Commission shall not bear any costs relating

to any state that has been found to be in default or which has been

terminated from the Compact, unless otherwise mutually agreed upon

in writing between the Interstate Commission and the defaulting

state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 467

(h) The defaulting state may appeal the action of the

Interstate Commission by petitioning the United States District

Court for the District of Columbia or the federal district where the

Interstate Commission has its principal offices. The prevailing

party shall be awarded all costs of such litigation, including

reasonable attorney fees.

Section 19. DISPUTE RESOLUTION

(a) The Interstate Commission shall attempt, upon the request

of a member state, to resolve disputes which are subject to the

Compact and which may arise among member states or member boards.

(b) The Interstate Commission shall promulgate rules providing

for both mediation and binding dispute resolution, as appropriate.

Section 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

(a) Any state is eligible to become a member state of the

Compact.

(b) The Compact shall become effective and binding upon

legislative enactment of the Compact into law by no less than seven

(7) states. Thereafter, it shall become effective and binding on a

state upon enactment of the Compact into law by that state.

(c) The governors of nonmember states, or their designees,

shall be invited to participate in the activities of the Interstate

Commission on a nonvoting basis prior to adoption of the Compact by

all states.

(d) The Interstate Commission may propose amendments to the

Compact for enactment by the member states. No amendment shall

become effective and binding upon the Interstate Commission and the

member states unless and until it is enacted into law by unanimous

consent of the member states.

Section 21. WITHDRAWAL

(a) Once effective, the Compact shall continue in force and

remain binding upon each and every member state; provided, that a

member state may withdraw from the Compact by specifically repealing

the statute which enacted the Compact into law.

(b) Withdrawal from the Compact shall be by the enactment of a

statute repealing the same, but shall not take effect until one (1)

year after the effective date of such statute and until written

notice of the withdrawal has been given by the withdrawing state to

the governor of each other member state.

(c) The withdrawing state shall immediately notify the

chairperson of the Interstate Commission in writing upon the

introduction of legislation repealing the Compact in the withdrawing

state.

(d) The Interstate Commission shall notify the other member

states of the withdrawing state's intent to withdraw within sixty

(60) days of its receipt of notice provided under subsection (c) of

this section.

Oklahoma Statutes - Title 59. Professions and Occupations Page 468

(e) The withdrawing state is responsible for all dues,

obligations and liabilities incurred through the effective date of

withdrawal, including obligations, the performance of which extends

beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall

occur upon the withdrawing state reenacting the Compact or upon such

later date as determined by the Interstate Commission.

(g) The Interstate Commission is authorized to develop rules to

address the impact of the withdrawal of a member state on licenses

granted in other member states to physicians who designated the

withdrawing member state as the state of principal license.

Section 22. DISSOLUTION

(a) The Compact shall dissolve effective upon the date of the

withdrawal or default of the member state which reduces the

membership in the Compact to one (1) member state.

(b) Upon the dissolution of the Compact, the Compact becomes

null and void and shall be of no further force or effect, and the

business and affairs of the Interstate Commission shall be concluded

and surplus funds shall be distributed in accordance with the

bylaws.

Section 23. SEVERABILITY AND CONSTRUCTION

(a) The provisions of the Compact shall be severable, and if

any phrase, clause, sentence or provision is deemed unenforceable,

the remaining provisions of the Compact shall be enforceable.

(b) The provisions of the Compact shall be liberally construed

to effectuate its purposes.

(c) Nothing in the Compact shall be construed to prohibit the

applicability of other interstate compacts to which the states are

members.

Section 24. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law of

a member state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are

superseded to the extent of the conflict.

(c) All lawful actions of the Interstate Commission, including

all rules and bylaws promulgated by the Commission, are binding upon

the member states.

(d) All agreements between the Interstate Commission and the

member states are binding in accordance with their terms.

(e) In the event any provision of the Compact exceeds the

constitutional limits imposed on the legislature of any member

state, such provision shall be ineffective to the extent of the

conflict with the constitutional provision in question in that

member state.
Okla. Stat. tit. 59, § 59-1353 — OK Code / Title 59 / Section 59-1353
License required - Activities exempt
Status: in_force

No person shall represent himself or herself as a psychologist

or engage in the practice of psychology unless the person is

licensed pursuant to the provisions of the Psychologists Licensing

Act. The provisions of the Psychologists Licensing Act shall not

apply to:

Oklahoma Statutes - Title 59. Professions and Occupations Page 1071

1. The teaching of psychology, the conduct of psychological

research, or the provision of psychological services or consultation

to organizations or institutions; provided, that such teaching,

research, or service does not involve the delivery or supervision of

direct psychological services to individuals or groups of

individuals who are themselves, rather than a third party, the

intended beneficiaries of the services, without regard to the source

or extent of payment for services rendered. Nothing in the

Psychologists Licensing Act shall prevent the provision of expert

testimony by psychologists who are otherwise exempt from the

provisions of Section 1351 et seq. of this title. Persons holding

an earned doctoral degree in psychology from an institution of

higher education may use the title "psychologist" in conjunction

with the activities permitted by this subsection;

2. Qualified members of other professions, including, but not

limited to, physicians, licensed social workers, licensed

professional counselors, licensed marital and family therapists, or

pastoral counselors, doing work of a psychological nature consistent

with their training and consistent with the code of ethics of their

respective professions provided they do not hold themselves out to

the public by any title or description incorporating the word

psychological, psychologist, or psychology, or derivatives thereof,

excluding psychotherapy;

3. The activities, services, and use of an official title by a

person in the employ of a state agency, if such activities,

services, and use are a part of the duties of the office or position

of such person within an agency or institution;

4. 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 to the state if such activities

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

the private nonprofit agency.

a. Any person who is unlicensed and operating under these

exemptions shall not use any of the following official

titles or descriptions or derivatives thereof:

(1) psychologist, psychology or psychological,

(2) licensed social worker,

(3) clinical social worker,

(4) certified rehabilitation specialist,

(5) licensed professional counselor,

(6) psychoanalyst, or

(7) marital and family therapist.

b. Such exemption to the provisions of the Psychologists

Licensing Act shall apply only while the unlicensed

individual is operating under the auspices of a

contract with the state and within the employ of the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1072

nonprofit agency contracting with the state. Such

exemption will not be applicable to any other setting.

c. 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 act 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;

5. 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, if such activities

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

the private for-profit contracting agency.

a. Any person who is unlicensed and operating under these

exemptions shall not use any of the following official

titles or descriptions or derivatives thereof:

(1) psychologist, psychology or psychological,

(2) licensed social worker,

(3) clinical social worker,

(4) certified rehabilitation specialist,

(5) licensed professional counselor,

(6) psychoanalyst, or

(7) marital and family therapist.

b. Such exemption to the provisions of this act shall

apply only while the unlicensed individual is

operating under the auspices of a contract with the

state and within the employ of the for-profit agency

contracting with the state. Such exemption shall only

be available for ongoing contracts and contract

renewals with the same state agency and will not be

applicable to any other setting.

c. 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 act shall

Oklahoma Statutes - Title 59. Professions and Occupations Page 1073

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;

6. The activities and services of a student, intern, or

resident in psychology, pursuing a course of study at a university

or college that is regionally accredited by an organization

recognized by the United States Department of Education, or working

in a training center recognized by that university or college, if

the activities and services constitute a part of the supervised

course of study for the student, intern, or resident;

7. Individuals who have been certified as school psychologists

by the State Department of Education. They shall be permitted to

use the term "certified school psychologist". Such persons shall be

restricted in their practice to employment within those settings

under the purview of the State Board of Education;

8. The activities and services of a person who performs

psychological services pursuant to the direct supervision of a

licensed psychologist or psychiatrist or an applicant for licensure

who is engaged in the applicant's postdoctoral year of supervision.

Such person shall be subject to approval by the Board and to such

rules as the Board may prescribe pursuant to the provisions of the

Psychologists Licensing Act;

9. The activities and services of a nonresident of this state

who renders consulting or other psychological services if such

activities and services are rendered for a period which does not

exceed in the aggregate more than five (5) days during any year and

if the nonresident is authorized pursuant to the laws of the state

or country of the person's residence to perform these activities and

services. Such person shall inform the Board prior to initiation of

services;

10. The activities and services of a nonresident of this state

who renders consulting or other psychological services if such

activities and services are rendered in cooperation with the

American Red Cross or as a member of the Disaster Response Network

of the American Psychological Association. The Board shall be

informed prior to initiation of services; or

11. For one (1) year, the activities and services of a person

who has recently become a resident of this state and has had his or

her application for licensing accepted by the Board, and if the

person was authorized by the laws of the state or country of his or

her former residence to perform such activities and services.
Okla. Stat. tit. 59, § 59-3150.5 — OK Code / Title 59 / Section 59-3150.5
Application fees – Audited financial statement – Surety
Status: in_force

bond – Criminal history records check.

A. Each application for a license required by this act shall be

accompanied by:

1. A filing fee of Seven Hundred Dollars ($700.00), a license

fee of Five Hundred Dollars ($500.00) and a supervision fee of Seven

Hundred Dollars ($700.00). In the event of a denial of the

application per Section 9 of this act, the license and supervision

fees shall be returned to the applicant. The filing fee, the

license fee and supervision fee shall be applicable to each

location;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1523

2. An audited financial statement including but not limited to

a balance sheet, a statement of income or loss and a statement of

changes in financial position for the immediately preceding fiscal

year, prepared in accordance with generally accepted accounting

principles by a certified public accountant or public accounting

firm, neither of which is affiliated with the applicant. For a

newly created entity, the Administrator of the Department of

Consumer Credit may accept only a balance sheet prepared by a

certified public accountant or public accounting firm, neither of

which is affiliated with the applicant, accompanied by a projected

income statement demonstrating that the applicant will have adequate

capital after payment of start-up costs. If the applicant does not

have an audited financial statement meeting the above requirements,

it may submit a financial statement of its company if the financial

statement is audited in accordance with generally accepted

accounting principles by a certified public accountant or public

accounting firm neither of which is affiliated with the applicant;

and

3. A surety bond, issued by an insurer regulated under the

Insurance Commissioner of this state and not affiliated with the

applicant, in the amount of Twenty-five Thousand Dollars

($25,000.00) for each location. However, the aggregate amount of

the surety bond required for a single licensee shall not exceed Two

Hundred Thousand Dollars ($200,000.00). In lieu of the surety bond,

the applicant shall file an irrevocable letter of credit, in the

amount of the surety bond, issued by any federally insured bank,

savings bank or credit union, none of which is affiliated with the

applicant. The surety bond or irrevocable letter of credit shall be

in a form satisfactory to the Administrator and shall be payable to

the Department of Consumer Credit for the benefit of any person who

is injured pursuant to a small loan by the fraud, misrepresentation,

breach of contract, financial failure or violation of any provision

of this act by a licensee. In the case of a surety bond, the

aggregate liability of the surety bond shall not exceed the

principal sum of the surety bond. In the case of an irrevocable

letter of credit, applicants shall obtain letters of credit for

terms of not less than three (3) years and renew the letters of

credit annually. If the licensee fails to pay a person or the

Administrator, as required by this act, then a person may bring suit

against the licensee directly on the surety bond or irrevocable

letter of credit in any court of competent jurisdiction, or the

Administrator may bring suit in the District Court of Oklahoma

County or the county of the aggrieved, which shall have exclusive

venue in all matters relating to this section on behalf of those

persons, in either one or successive actions. The surety bond or

irrevocable letter of credit shall be maintained by the licensee for

Oklahoma Statutes - Title 59. Professions and Occupations Page 1524

not less than three (3) years following the expiration, revocation

or surrender of the licensee's license.

B. 1. The Administrator is authorized to require an applicant

for a license to consent to a criminal history records check and to

provide fingerprints with the application in a form acceptable to

the Administrator. The Administrator may require such consent and

fingerprints from any individual who is a director, officer or ten

percent (10%) or more shareholder of the applicant or who owns or

controls the applicant, as well as from any other individual

associated with the applicant as is reasonably necessary to meet the

purposes of this act. Refusal of any person to consent to a

criminal history records check or to provide fingerprints pursuant

to this subsection constitutes grounds for the Administrator to deny

the applicant a license.

2. Any criminal history records check conducted pursuant to

this subsection shall be conducted by the Oklahoma State Bureau of

Investigation, the Federal Bureau of Investigation or both, and the

results of the criminal history records check shall be forwarded to

the Administrator.
Okla. Stat. tit. 59, § 59-199.11 — OK Code / Title 59 / Section 59-199.11
Grounds for denial of license, certificate or
Status: in_force

registration – Definitions.

A. The State Board of Cosmetology and Barbering is hereby

authorized to deny, revoke, suspend, or refuse to renew any license,

certificate, or registration that it is authorized to issue under

the Oklahoma Cosmetology and Barbering Act for any of the following

causes:

1. Conviction of a felony crime that substantially relates to

the practice of cosmetology and poses a reasonable threat to public

safety;

2. Gross malpractice or gross incompetence;

3. Fraud practiced in obtaining a license or registration;

Oklahoma Statutes - Title 59. Professions and Occupations Page 198

4. A license or certificate holder's continuing to practice

while afflicted with an infectious, contagious, or communicable

disease;

5. Habitual drunkenness or addiction to use of habit forming

drugs;

6. Advertising by means of statements known to be false or

deceptive;

7. Continued or flagrant violation of any rules of the Board,

or continued practice by a Board licensee in a cosmetology or barber

establishment wherein violations of the rules of the Board are being

committed within the knowledge of the licensee;

8. Failure to display license or certificate as required by the

Oklahoma Cosmetology and Barbering Act;

9. Continued practice of cosmetology or barbering after

expiration of a license therefor;

10. Employment by a salon or barber establishment owner or

manager of any person to perform any of the practices of cosmetology

or barbering who is not duly licensed to perform the services;

11. Practicing cosmetology or barbering in an unprofessional

manner;

12. Unsanitary operating practices or unsanitary conditions of

a school or establishment; or

13. Unsanitary operating practices of a licensee.

B. As used in this section:

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

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

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

responsibilities necessarily related to the occupation; and

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

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

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

to serve the public or work with others in the occupation.
Okla. Stat. tit. 59, § 59-161.14 — OK Code / Title 59 / Section 59-161.14
Practice without license - Penalties – Injunction
Status: in_force

A. Any person who shall practice or attempt to practice

chiropractic in this state, or who shall hold himself or herself out

to the public as a practitioner of chiropractic in this state,

without having first obtained an original license to practice

chiropractic from the Board of Chiropractic Examiners, or after the

original license to practice chiropractic has been revoked, or while

such original license is under suspension, shall be deemed guilty of

a misdemeanor and upon conviction shall be punishable by a fine of

not less than Five Hundred Dollars ($500.00) nor more than Two

Thousand Dollars ($2,000.00), 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 of such violation

shall constitute a separate and distinct offense.

Oklahoma Statutes - Title 59. Professions and Occupations Page 177

B. The Board of Chiropractic Examiners is hereby authorized to

apply to a court of competent jurisdiction for an order enjoining an

unlicensed person from practicing chiropractic or holding himself or

herself out as a practitioner of chiropractic. Any injunctive

relief granted by the court shall be without bond.
Okla. Stat. tit. 59, § 59-567.6a — OK Code / Title 59 / Section 59-567.6a
Advanced Unlicensed Assistant - Certificate -
Status: in_force

Qualifications – Definitions.

A. All applicants for a certificate to practice as an Advanced

Unlicensed Assistant shall be subject to Section 567.8 of this

title.

B. An applicant for a certificate to practice as an Advanced

Unlicensed Assistant shall submit to the Oklahoma Board of Nursing

certified evidence that the applicant:

1. Has successfully completed the prescribed curricula in a

state-approved education program for Advanced Unlicensed Assistants

and holds or is entitled to hold a diploma or certificate therefrom,

or equivalent courses in a formal program of instruction;

2. Has never been convicted of a felony crime that

substantially relates to the occupation of nursing and poses a

reasonable threat to public safety;

3. Has submitted a criminal history records search that is

compliant with Section 567.18 of this title;

4. Is a minimum of eighteen (18) years of age; and

5. Has met such other reasonable preliminary qualification

requirements as the Board may prescribe.

Oklahoma Statutes - Title 59. Professions and Occupations Page 574

C. The applicant for a certificate to practice as an Advanced

Unlicensed Assistant shall be required to pass an examination in

such subjects as the Board may require. Upon the applicant

successfully passing such examination, the Board may issue to the

applicant a certificate to practice as an Advanced Unlicensed

Assistant. An applicant who fails such examination shall be subject

to reexamination according to the rules of the Board. The passing

criteria shall be established by Board rules.

D. Any person who holds a certificate to practice as an

Advanced Unlicensed Assistant in this state shall have the right to

use both the title "Advanced Unlicensed Assistant" and the

abbreviation "A.U.A.". No other person shall assume such title or

use such abbreviation or any other words, letters, signs, or figures

to indicate that the person using the same is an Advanced Unlicensed

Assistant. Any individual doing so shall be guilty of a

misdemeanor, which shall be punishable, upon conviction, by

imprisonment in the county jail for not more than one (1) year or by

a fine of not less than One Hundred Dollars ($100.00) nor more than

One Thousand Dollars ($1,000.00), or by both such imprisonment and

fine for each offense.

E. As used in this section:

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

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

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

responsibilities necessarily related to the occupation; and

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

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

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

to serve the public or work with others in the occupation.
Okla. Stat. tit. 59, § 59-943.3 — OK Code / Title 59 / Section 59-943.3
Standards - Eyeglasses, spectacles, lenses or other
Status: in_force

optical devices or parts.

All eyeglasses, spectacles, lenses or other optical devices or

materials or parts thereof shall conform to standards of quality as

promulgated by the American Standards Association, Inc. and commonly

known as Z80.1 1964 Standards, as amended.
Okla. Stat. tit. 59, § 59-475.1 — OK Code / Title 59 / Section 59-475.1
Registration as engineer or land surveyor - Privilege
Status: in_force

In order to safeguard life, health and property, and to promote

the public welfare, the practice of engineering and the practice of

surveying in this state are hereby declared to be subject to

regulation in the public interest. It shall be unlawful for any

person or entity to practice or to offer to practice engineering

and/or surveying in this state, as defined in the provisions of this

act, or to use in connection with any name or otherwise assume or

advertise any title or description tending to convey the impression

that they are a licensed engineer, professional engineer,

professional structural engineer, a licensed surveyor and/or

professional surveyor, unless such person has been duly licensed,

authorized, or is exempt under the provisions of this act. The

practice of engineering or surveying shall be deemed a privilege

granted by the state through the State Board of Licensure for

Professional Engineers and Surveyors, based on the qualifications of

the individual as evidenced by a license, which shall not be

transferable.
Okla. Stat. tit. 59, § 59-988 — OK Code / Title 59 / Section 59-988
Filing of inventory of merchandise sold - Prices
Status: in_force

Within ten (10) days after the last day of said auction sale,

the applicant shall file in duplicate with the county treasurer an

inventory of all merchandise sold at such auction and the price

Oklahoma Statutes - Title 59. Professions and Occupations Page 851

received therefor, which inventory shall be verified by the person

who filed the application for the license with the said auditor. The

county treasurer shall immediately after receiving such report and

inventory forward a copy thereof to the Tax Commission of the State

of Oklahoma or its successor.
Okla. Stat. tit. 59, § 59-1219 — OK Code / Title 59 / Section 59-1219
Revocation of licenses - Reissuance
Status: in_force

The Oklahoma Department of Agriculture, Food, and Forestry shall

have the power to revoke the license of any registrant who is found

guilty by the Department of fraud, deceit, gross negligence,

incompetency, or misconduct in connection with any forestry practice

against any registrant. Such charges shall be written, shall be

sworn to by the person making them, and shall be filed with the

secretary of the Department. All charges shall be heard by the

Department pursuant to its rules and regulations. The Department,

for reasons it may deem sufficient, may reissue a license to any

person whose license has been revoked. A new license to replace any

license revoked, lost, destroyed or mutilated may be issued, subject

to the rules of the Department, and upon payment of a fee of Three

Dollars ($3.00).
Okla. Stat. tit. 59, § 59-1750.3A — OK Code / Title 59 / Section 59-1750.3A
Psychological evaluation of applicants for armed
Status: in_force

security guard or private investigator license - Exemption.

A. Each applicant for an armed security guard license or armed

private investigator license shall be administered any current

standard form of the Minnesota Multiphasic Personality Inventory

(MMPI), or other psychological evaluation instrument approved by the

Council on Law Enforcement Education and Training, which shall be

administered during the firearms training phase required by Section

1750.3 of this title. The security training school administering

such instrument shall forward the response data to a psychologist

licensed by the Oklahoma State Board of Examiners of Psychologists

for evaluation. The licensed psychologist shall be of the

applicant's choice. Applicants with comparable training shall

complete the psychological test and evaluation requirements prior to

licensing. It shall be the responsibility of the applicant to bear

the cost of the psychological evaluation.

B. If the licensed psychologist is unable to certify the

applicant's psychological capability to exercise appropriate

judgment, restraint, and self-control, after evaluating the data,

the psychologist shall employ whatever other psychological measuring

instruments or techniques deemed necessary to form a professional

Oklahoma Statutes - Title 59. Professions and Occupations Page 1257

opinion. The use of any psychological measuring instruments or

techniques shall require a full and complete written explanation to

the Council on Law Enforcement Education and Training.

C. The psychologist shall forward a written psychological

evaluation, on a form prescribed by the Council, to the Council

within fifteen (15) days of the evaluation, even if the applicant is

found to be psychologically at risk. The Council may utilize the

results of the psychological evaluation for up to six (6) months

from the date of the evaluation after which the applicant shall be

reexamined. No person who has been found psychologically at risk in

the exercise of appropriate judgment, restraint, or self-control

shall reapply for licensing until one (1) year from the date of

being found psychologically at risk.

D. 1. Active full-time peace officers who have been certified

as full-time peace officers by the Council on Law Enforcement

Education and Training shall be exempt from the provisions of this

section.

2. Retired full-time peace officers who have been certified as

full-time peace officers by the Council on Law Enforcement Education

and Training shall be exempt from the provisions of this section for

a period of five (5) years from retirement.

3. Retired peace officers who are not exempt from this section

and who have previously undergone treatment for a mental illness,

condition, or disorder which required medication or supervision, as

defined by paragraph 7 of Section 1290.10 of Title 21 of the

Oklahoma Statutes may apply for an armed security guard license or

armed private investigator license only after three (3) years from

the last date of treatment or upon presentation of a certified

statement from a licensed physician stating that the person is

either no longer disabled by any mental or psychiatric illness,

condition, or disorder or that the person has been stabilized on

medication for ten (10) years or more.

E. The Council on Law Enforcement Education and Training shall

not issue or renew an armed security guard license, armed private

investigator license, armed bail enforcer license or any other

license permitting a person to carry a firearm or weapon if the

applicant has been involuntarily committed for a mental illness,

condition or disorder pursuant to the provisions of Section 5-410 of

Title 43A of the Oklahoma Statutes or any involuntary commitment in

another state pursuant to the provisions of law of that state. The

preclusive period shall be permanent as provided by Section

922(g)(4) of Title 18 of the United States Code, unless the person

has been granted relief from the disqualifying disability pursuant

to Section 1290.27 of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 59, § 59-1526 — OK Code / Title 59 / Section 59-1526
Annual license renewal fee
Status: in_force

A. Each year, every dealer, on or before each December 1, shall

pay the Administrator of Consumer Credit a fee for each license held

by the dealer as the annual fee for the succeeding calendar year.

If not renewed, expiration shall occur on December 31 of the year in

which the annual fee has been paid.

B. Each year, every employee, on or before December 1, shall

pay the Administrator a fee for the license held by the employee as

the annual fee for the succeeding calendar year. If not renewed,

expiration shall occur on December 31 of the year in which the

annual fee has been paid.

C. There shall be a fee for a late application for renewal of a

license received after December 1, which will be placed in the

Consumer Credit Administrative Expenses Revolving Fund created in

Section 6-301 of Title 14A of the Oklahoma Statutes.
Okla. Stat. tit. 59, § 59-494.1 — OK Code / Title 59 / Section 59-494.1
Medical licensure examinations
Status: in_force

A. The State Board of Medical Licensure and Supervision shall

offer a medical licensure examination as necessary to test the

qualifications of applicants.

1. Except as otherwise provided, no person shall receive a

license to practice medicine and surgery in this state unless he or

she passes or has passed all required examinations satisfactory to

the Board.

2. The Board shall approve the preparation and administration

of any examination, in English, that it deems necessary to determine

an applicant's ability to practice medicine and surgery with

reasonable skill and safety.

3. Examinations shall be reviewed and scored in a way to ensure

the anonymity of applicants.

4. Examinations shall be conducted at least semiannually,

provided that there is an applicant.

5. The Board shall specify the minimum score required to pass

any examination. The required passing score shall be specified

prior to the administration of any examination.

6. Applicants shall be required to pass all examinations with a

score as set by rule, within a specific period of time after initial

Oklahoma Statutes - Title 59. Professions and Occupations Page 470

application. Specific requirements for the satisfactory completion

of further medical education shall be established by the Board for

those applicants seeking to be examined after the specified period

of time after initial application.

7. The Board may limit the number of times an applicant may

take an examination before the satisfactory completion of further

medical education is required of an applicant, provided that this

limitation may be waived by the Board for good cause.

8. Fees for any examination shall be paid by an applicant prior

to the examination and no later than a date set by the Board.

B. To apply for an examination, an applicant shall provide the

Board and attest to the following information and documentation no

later than a date set by the Board:

1. His or her full name and all aliases or other names ever

used, current address, Social Security number, and date and place of

birth;

2. A signed and notarized photograph of the applicant, taken

within the previous twelve (12) months;

3. Originals of all documents and credentials required by the

Board, or notarized photocopies or other verification acceptable to

the Board of such documents and credentials;

4. A list of all jurisdictions, United States or foreign, in

which the applicant is licensed or has applied for licensure to

practice medicine and surgery or is authorized or has applied for

authorization to practice medicine and surgery;

5. A list of all jurisdictions, United States or foreign, in

which the applicant has been denied licensure or authorization to

practice medicine and surgery or has voluntarily surrendered a

license or an authorization to practice medicine and surgery;

6. A list of all sanctions, judgments, awards, settlements, or

convictions against the applicant in any jurisdiction, United States

or foreign, that would constitute grounds for disciplinary action

under this act or the Board's rules;

7. A detailed educational history, including places,

institutions, dates, and program descriptions, of the applicant's

education including all college, preprofessional, professional, and

professional graduate education;

8. A detailed chronological life history from age eighteen (18)

to present, including places and dates of residence, employment, and

military service (United States or foreign); and

9. Any other information or documentation specifically

requested by the Board that is related to the applicant's

eligibility to sit for the examination.

C. No person shall subvert or attempt to subvert the security

of any medical licensure examination. The Board shall establish

procedures to ensure the security and validity of all medical

licensure examinations.

Oklahoma Statutes - Title 59. Professions and Occupations Page 471

Any individual found by the Board to have engaged in conduct

that subverts or attempts to subvert the medical licensing

examination process may have his or her scores on the licensing

examination withheld or declared invalid, be disqualified from the

practice of medicine and surgery, or be subject to the imposition of

other appropriate sanctions. The Board shall notify the Federation

of State Medical Boards of the United States of any such action.

Conduct that subverts or attempts to subvert the medical

licensing examination process shall include, but not be limited to:

1. Conduct that violates the security of the examination

materials, such as removal from the examination room of any of the

examination materials; reproduction or reconstruction of any portion

of the licensure examination; aid by any means in the reproduction

or reconstruction of any portion of the licensure examination; sale,

distribution, purchase, receipt, or unauthorized possession of any

portion of a future, current, or previously administered licensure

examination; or

2. Conduct that violates the standard of test administration,

such as communication with any other examinee during the

administration of the licensure examination; copying answers from

another examinee or by knowingly permitting one's answers to be

copied by another examinee during the administration of the

licensure examination; possession during the administration of the

licensing examination, unless otherwise required or authorized, of

any books, notes, written or printed materials or data of any kind,

other than the examination distributed; or

3. Conduct that violates the credentialing process, such as

falsification or misrepresentation of educational credentials or

other information required for admission to the licensure

examination; impersonation of an examinee or having an impersonator

take the licensure examination on one's behalf.

D. The Board shall provide written notice to all applicants for

medical licensure of such prohibitions and of the sanctions imposed

for such conduct. A copy of such notice, attesting that the

applicant has read and understands the notice, shall be signed by

the applicant and filed with the application.

E. The Board shall have exclusive power and authority to

determine the qualifications and fitness of all applicants for

admission to practice allopathic medicine in this state. The Board

shall require that each applicant submit to a national criminal

history record check as defined in Section 150.9 of Title 74 of the

Oklahoma Statutes. The Board shall not disseminate criminal history

record information resulting from the background check outside of

this state.
Okla. Stat. tit. 59, § 59-396.1A — OK Code / Title 59 / Section 59-396.1A
Removal of Board members
Status: in_force

The Governor shall remove from membership of the Oklahoma

Funeral Board, at any time, any member of the Board for continued

neglect of duty required by the Funeral Services Licensing Act,

conduct involving moral turpitude or any violation of the provisions

of Section 396.12c of this title.
Okla. Stat. tit. 59, § 59-161.9 — OK Code / Title 59 / Section 59-161.9
Application for original license by relocation of
Status: in_force

practice.

Oklahoma Statutes - Title 59. Professions and Occupations Page 168

A. Applications for an original license by relocation of

practice to practice chiropractic in this state shall be made to the

Board of Chiropractic Examiners in writing on a form and in a manner

prescribed by the Board. The application shall be accompanied by a

fee of Three Hundred Dollars ($300.00), which shall not be

refundable under any circumstances. If the application is

disapproved by the Board, it shall be returned to the applicant with

the reason for its disapproval fully stated in writing.

B. The Board may, in its discretion, issue an original license

by relocation to practice to an applicant who is currently licensed

to practice chiropractic in another state, country, territory or

province, upon the following conditions:

1. That the applicant is of good moral character;

2. That the requirements for licensure in the state, country,

territory or province in which the applicant is licensed are deemed

by the Board to be equivalent to the requirements for obtaining an

original license by examination in force in this state at the date

of such license;

3. That the applicant has no disciplinary matters pending

against him or her in any state, country, territory or province;

4. That the license of the applicant was obtained by

examination in the state, country, territory or province wherein it

was issued, or was obtained by examination of the National Board of

Chiropractic Examiners;

5. That the applicant passes a jurisprudence examination given

by the Board or the National Board of Chiropractic Examiners with a

minimum score of seventy-five percent (75%) or better; and

6. That the applicant meets all other requirements of the

Oklahoma Chiropractic Practice Act.

C. Any applicant requesting a license by relocation of practice

into Oklahoma shall:

1. Submit to the Board documentary evidence that the applicant

has been in active practice as a chiropractic physician three (3)

years immediately preceding the date of the application;

2. Provide full disclosure to the Board of any disciplinary

action taken against the applicant pursuant to licensure as a

chiropractic physician in any state pursuant to licensure and/or

criminal proceedings;

3. Provide full disclosure to the Board of any criminal

proceeding taken against the applicant in any jurisdiction

including, but not limited to:

a. pleading guilty, pleading nolo contendere, receiving a

deferred sentence or being convicted of a felony,

b. pleading guilty, pleading nolo contendere, receiving a

deferred sentence or being convicted of a misdemeanor

involving moral turpitude, or

Oklahoma Statutes - Title 59. Professions and Occupations Page 169

c. pleading guilty, pleading nolo contendere, receiving a

deferred sentence or being convicted of a violation of

federal or state controlled dangerous substance laws;

4. If requested, appear before the Board for a personal

interview; and

5. Pay an application fee to be set by rule of the Board.

D. The Board may authorize the Executive Director to issue a

temporary license to an applicant who has submitted a completed

application and has passed the required examination with a score

acceptable to the Board. A temporary license shall authorize the

applicant to practice chiropractic in Oklahoma between the

submission of the application and the applicant's approval for

licensure by the Board. A temporary license shall expire upon the

Board's approval of a permanent license or ten (10) calendar days

following the Board's denial of an application for a permanent

license.

E. No license fee shall be charged by the Board for the balance

of the calendar year in which such a license is issued.

F. In addition to an applicant's failure to meet any other

requirements imposed by this section or other applicable law, the

Board may deny a license or impose probationary conditions if an

applicant has:

1. Pleaded guilty, pleaded nolo contendere, received a deferred

sentence or been convicted of a felony;

2. Pleaded guilty, pleaded nolo contendere, received a deferred

sentence or been convicted of a misdemeanor involving moral

turpitude;

3. Pleaded guilty, pleaded nolo contendere, received a deferred

sentence or been convicted of a violation of federal or state

controlled dangerous substance laws;

4. Been the subject of disciplinary action by the Board; or

5. Been the subject of disciplinary action in another

jurisdiction.
Okla. Stat. tit. 59, § 59-1626 — OK Code / Title 59 / Section 59-1626
Definitions
Status: in_force

As used in this act:

1. "Certificate" means the document issued to an applicant upon

successful examination;

2. "Certification" means the testimony of qualifications;

3. "Code" means United States of America National Standard

Institute Code;

4. "Committee" means the Oklahoma State Labor Department,

Boiler Inspection Department, Chief Boiler Inspector;

5. "Qualification" means the successful completion of all parts

of the requirements set out by the Oklahoma Department of Labor;

6. "Welding inspector" means a person who has met the

requirements of this act;

7. "Weld-testing facility" means a qualified and approved

testing facility approved by the Oklahoma Department of Labor;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1191

8. "Weldment" means a welded assembly in which the bulk of the

component parts are prepared and joined by any combination of the

cutting and welding processes covered by Section 1628 of this title;

9. "Work" means that portion of the product or weldment that

specifically involves or affects the use of welding;

10. "Welder" means a person who has met the requirements of

this act; and

11. “Structural steel or steel deck welding” has the same

meaning as defined in American Welding Society D1.1 and D1.3.
Okla. Stat. tit. 59, § 59-637 — OK Code / Title 59 / Section 59-637
Disciplinary actions — Penalties
Status: in_force

A. The State Board of Osteopathic Examiners may institute

disciplinary action, enforce sanctions, or refuse to admit a person

to an examination or may refuse to issue or reinstate or may suspend

Oklahoma Statutes - Title 59. Professions and Occupations Page 630

or revoke any license issued or reinstated by the Board upon proof

that the applicant or holder of such a license:

1. Has obtained a license, license renewal or authorization to

sit for an examination, as the case may be, through fraud,

deception, misrepresentation or bribery; or has been granted a

license, license renewal or authorization to sit for an examination

based upon a material mistake of fact;

2. Has engaged in the use or employment of dishonesty, fraud,

misrepresentation, false promise, false pretense, unethical conduct

or unprofessional conduct, as may be determined by the Board, in the

performance of the functions or duties of an osteopathic physician

including, but not limited to, the following:

a. obtaining or attempting to obtain any fee, charge,

tuition or other compensation by fraud, deception or

misrepresentation; willfully and continually

overcharging or overtreating patients; or charging for

visits to the physician’s office which did not occur

or for services which were not rendered,

b. using intimidation, coercion or deception to obtain or

retain a patient or discourage the use of a second

opinion or consultation,

c. willfully performing inappropriate or unnecessary

treatment, diagnostic tests or osteopathic medical or

surgical services,

d. delegating professional responsibilities to a person

who is not qualified by training, skill, competency,

age, experience or licensure to perform them, noting

that delegation may only occur within an appropriate

physician-patient relationship, wherein a proper

patient record is maintained including, but not

limited to, at the minimum, a current history and

physical,

e. misrepresenting that any disease, ailment, or

infirmity can be cured by a method, procedure,

treatment, medicine or device,

f. acting in a manner which results in final disciplinary

action by any professional society or association or

hospital or medical staff of such hospital in this or

any other state, whether agreed to voluntarily or not,

if the action was in any way related to professional

conduct, professional competence, malpractice or any

other violation of the Oklahoma Osteopathic Medicine

Act,

g. signing a blank prescription form; or dispensing,

prescribing, administering or otherwise distributing

any drug, controlled substance or other treatment

without sufficient examination or the establishment of

Oklahoma Statutes - Title 59. Professions and Occupations Page 631

a physician-patient relationship, or for other than

medically accepted therapeutic or experimental or

investigational purpose duly authorized by a state or

federal agency, or not in good faith to relieve pain

and suffering, or not to treat an ailment, physical

infirmity or disease, or violating any state or

federal law on controlled dangerous substances

including, but not limited to, prescribing, dispensing

or administering opioid drugs in excess of the maximum

limits authorized in Section 2-309I of Title 63 of the

Oklahoma Statutes,

h. engaging in any sexual activity within a physician-

patient relationship,

i. terminating the care of a patient without adequate

notice or without making other arrangements for the

continued care of the patient,

j. failing to furnish a copy of a patient’s medical

records upon a proper request from the patient or

legal agent of the patient or another physician; or

failing to comply with any other law relating to

medical records,

k. failing to comply with any subpoena issued by the

Board,

l. violating a probation agreement with or order from

this Board or any other agency, and

m. failing to keep complete and accurate records of

purchase and disposal of controlled drugs or narcotic

drugs;

3. Has engaged in gross negligence, gross malpractice or gross

incompetence;

4. Has engaged in repeated acts of negligence, malpractice or

incompetence;

5. Has been finally adjudicated and found guilty, or entered a

plea of guilty or nolo contendere in a criminal prosecution, for any

offense reasonably related to the qualifications, functions or

duties of an osteopathic physician, whether or not a sentence is

imposed, and regardless of the pendency of an appeal;

6. Has had the authority to engage in the activities regulated

by the Board revoked, suspended, restricted, modified or limited, or

has been reprimanded, warned or censured, probated or otherwise

disciplined by any other state or federal agency whether or not

voluntarily agreed to by the physician including, but not limited

to, the denial of licensure, surrender of the license, permit or

authority, allowing the license, permit or authority to expire or

lapse, or discontinuing or limiting the practice of osteopathic

medicine pending disposition of a complaint or completion of an

investigation;

Oklahoma Statutes - Title 59. Professions and Occupations Page 632

7. Has violated or failed to comply with provisions of any act

or regulation administered by the Board;

8. Is incapable, for medical or psychiatric or any other good

cause, of discharging the functions of an osteopathic physician in a

manner consistent with the public’s health, safety and welfare;

9. Has been guilty of advertising by means of knowingly false

or deceptive statements;

10. Has been guilty of advertising, practicing, or attempting

to practice under a name other than one’s own;

11. Has violated or refused to comply with a lawful order of

the Board;

12. Has been guilty of habitual drunkenness, or habitual

addiction to the use of morphine, cocaine or other habit-forming

drugs;

13. Has been guilty of personal offensive behavior, which would

include, but not be limited to, obscenity, lewdness, and

molestation;

14. Has performed an abortion as defined by Section 1-730 of

Title 63 of the Oklahoma Statutes, except for an abortion necessary

to prevent the death of the mother or to prevent substantial or

irreversible physical impairment of the mother that substantially

increases the risk of death. The performance of an abortion on the

basis of the mental or emotional health of the mother shall be a

violation of this paragraph, notwithstanding a claim or diagnosis

that the woman may engage in conduct which she intends to result in

her death. The Board shall impose a penalty as provided in this

section and in Section 637.1 of this title on a licensee who

violates this paragraph. The penalty shall include, but not be

limited to, suspension of the license for a period not less than one

(1) year;

15. Has been adjudicated to be insane, or incompetent, or

admitted to an institution for the treatment of psychiatric

disorders;

16. Has knowingly provided gender transition procedures as

defined in Section 2607.1 of Title 63 of the Oklahoma Statutes to a

child;

17. Has violated any of the provisions of the Oklahoma Pharmacy

Act, which shall be punishable by appropriate actions established in

rules promulgated by the Board; or

18. Has breached the American Osteopathic Association Code of

Ethics or the Osteopathic Oath.

B. The Board may enter an order denying licensure or imposing

any of the penalties as prescribed by rule against any applicant for

licensure or licensee who is found guilty of violating any provision

of subsection A of this section. In determining what action is

appropriate, the Board shall first consider what sanctions are

necessary to protect the public or to compensate the patient. Only

Oklahoma Statutes - Title 59. Professions and Occupations Page 633

after those sanctions have been imposed may the Board consider and

include in the order requirements designed to rehabilitate the

physician. All costs associated with compliance with orders issued

under this subsection shall be the obligation of the physician.

C. In any administrative action against a physician that does

not involve revocation or suspension of a license, the Board shall

have the burden, by the greater weight of the evidence, to establish

the existence of grounds for disciplinary action. The Board shall

establish grounds for revocation or suspension of a license by clear

and convincing evidence.

D. The Board shall not reinstate the license or certificate of

an osteopathic physician, or cause a license or certificate to be

issued to a person it has deemed unqualified, until such time as it

is satisfied that he or she has complied with all the terms and

conditions set forth in the final order and that such person is

capable of safely engaging in the practice of osteopathic medicine.

However, the Board shall not issue a license to, or reinstate the

license of, any osteopathic physician found by the Board to have

committed repeated medical malpractice, regardless of the extent to

which the licensee or prospective licensee has complied with all

terms and conditions set forth in the final order or is capable of

safely engaging in the practice of osteopathic medicine.

E. The State Board of Osteopathic Examiners shall neither

refuse to renew, nor suspend, nor revoke any license, however, for

any of these causes, unless the person accused has been given at

least twenty (20) days’ notice in writing of the charge against him

or her and a public hearing by the Board; provided, three-fourths

(3/4) of a quorum present at a meeting may vote to suspend a license

in an emergency situation if the licensee affected is provided a

public hearing within thirty (30) days of the emergency suspension.

F. The State Board of Osteopathic Examiners shall have the

power to order or subpoena the attendance of witnesses, the

inspection of records and premises and the production of relevant

books and papers for the investigation of matters that may come

before it. The presiding officer of the Board or his or her

designee shall have the authority to compel the giving of testimony

as is conferred on courts of justice.

G. Any osteopathic physician in this state whose license to

practice osteopathic medicine is revoked or suspended under this

section shall have the right to seek judicial review of a ruling of

the Board pursuant to the Administrative Procedures Act.

H. The Board may enact rules necessary or appropriate to the

performance, enforcement, or carrying out of any of the purposes,

objectives, or provisions of this section.
Okla. Stat. tit. 59, § 59-646.1 — OK Code / Title 59 / Section 59-646.1
Definitions
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 644

As used in this act:

1. "Assessment mechanism":

a. means automated or virtual equipment, application or

technology designed to be used on a telephone, a

computer or an Internet-based device that may be used

either in person or remotely to conduct an eye

assessment, and

b. includes artificial intelligence devices and any

equipment, electronic or nonelectronic, that is used

to perform an eye assessment;

2. "Contact lens" means any lens placed directly on the surface

of the eye, regardless of whether or not it is intended to correct a

visual defect, including any cosmetic, therapeutic or corrective

lens;

3. "Eye assessment" means an assessment of the ocular health

and/or visual refractive status of a patient that may include but is

not limited to objective refractive data or information generated by

an automated testing device, including an autorefractor or Internet-

based assessment method, in order to establish a medical diagnosis

or refractive diagnosis for the correction of vision disorders;

4. "Person" means an individual, corporation, trust,

partnership, incorporated or unincorporated association and any

other legal entity;

5. "Prescription" means a handwritten or electronic order

issued by an Oklahoma-licensed optometrist, or an oral order issued

directly by an Oklahoma-licensed optometrist;

6. "Seller" means an individual or entity that sells contact

lenses or visual aid glasses and dispenses them to Oklahoma

residents in any manner; and

7. "Visual aid glasses":

a. means eyeglasses, spectacles or lenses designed or

used to correct visual defects, including spectacles

that may be adjusted by the wearer to achieve

different types or levels of visual correction or

enhancement, and

b. does not include optical instruments or devices that

are:

(1) not intended to correct or enhance vision,

(2) sold without consideration of the visual status

of the individual who will use the optical

instrument or device, including sunglasses that

are designed and used solely to filter out light,

or

(3) completely assembled eyeglasses or spectacles

designed and used solely to magnify.
Okla. Stat. tit. 59, § 59-887.7 — OK Code / Title 59 / Section 59-887.7
Application for licenses - Fees
Status: in_force

Any person intending to practice as a physical therapist or

physical therapist assistant in this state shall apply to the Board

in writing. Such application shall be on a form and in a manner

prescribed by the Board and shall request such information from the

applicant as will indicate to the Board the applicant's

qualifications to take the required examination or otherwise comply

with the provisions of the Physical Therapy Practice Act. An

application to the Board to practice as a physical therapist or a

physical therapist assistant shall be accompanied by a fee as

required by the provisions of the Physical Therapy Practice Act.

Said fee shall not be refundable.
Okla. Stat. tit. 59, § 59-4150 — OK Code / Title 59 / Section 59-4150
Short title - Universal Licensing Recognition Act
Status: in_force

This act shall be known and may be cited as the "Universal

Licensing Recognition Act".
Okla. Stat. tit. 59, § 59-858-303B — OK Code / Title 59 / Section 59-858-303B
Accounting of expenditure for services
Status: in_force

Any real estate broker who charges and collects any fees in

advance of the services provided by the broker shall provide a

detailed accounting of expenditures to the person such services are

performed for within ten (10) days after the time specified to

perform such services or upon written request from person for whom

services are performed for, but no longer than one (1) year from

date of contract for such services.
Okla. Stat. tit. 59, § 59-353.1av1 — OK Code / Title 59 / Section 59-353.1av1
Advanced practice nurses - Prescribing authority
Status: in_force

A. Prescribing authority shall be allowed, under the medical

direction of a supervising physician, for an advanced practice nurse

recognized by the Oklahoma Board of Nursing in one of the following

categories: advanced registered nurse practitioners, clinical nurse

specialists, or certified nurse-midwives. The advanced practice

nurse may write or sign, or transmit by word of mouth, telephone or

other means of communication an order for drugs or medical supplies

that is intended to be filled, compounded, or dispensed by a

pharmacist. The supervising physician and the advanced practice

nurse shall be identified at the time of origination of the

prescription and the name of the advanced practice nurse shall be

printed on the prescription label.

B. Pharmacists may dispense prescriptions for non-controlled

prescription drugs authorized by an advanced practice nurse or

physician assistant, not located in Oklahoma, provided that they are

licensed in the state in which they are actively prescribing.

C. Pharmacists may only dispense prescriptions for controlled

dangerous substances prescribed by:

1. An advanced practice nurse licensed in the State of Oklahoma

and supervised by an Oklahoma-licensed practitioner; or

2. A physician assistant licensed in the State of Oklahoma.
Okla. Stat. tit. 59, § 59-698.6 — OK Code / Title 59 / Section 59-698.6
Meetings - Notice - Emergency meetings - Travel expenses
Status: in_force

- Revenues and funds - Increases in fees, charges, etc.

A. The State Board of Veterinary Medical Examiners shall meet

at least once each year in the first half of the calendar year and

once each year in the second half of the calendar year. In

addition, the Board may meet at other times of the year as is deemed

necessary to conduct the business of the Board. The Board shall

meet at the time and place fixed by order of the Board president or

by order of three members of the Board acting jointly upon refusal

of the president to call for or fix a time and place for said

meeting.

B. 1. Notice of meetings shall be filed in conformance with

the Oklahoma Open Meeting Act. Members shall be notified of each

meeting at least twenty (20) days before said meeting, except in the

case of a meeting called for emergency purposes.

2. Emergency meetings may be called at any time by the

president or at the request of three Board members as required to

enforce the Oklahoma Veterinary Practice Act. The Board may

establish procedures by which the Board may call an emergency

meeting in accordance with the Oklahoma Open Meeting Act. The Board

may establish procedures by which committee advice may be obtained

in cases of emergency.

3. The Board shall establish a system for giving all Board and

committee members and the public reasonable notice of scheduled

meetings.

4. Minutes of all Board and committee meetings shall be kept in

accordance with promulgated rules of the Board and other applicable

statutes.

C. All meetings of the Board and its committees shall be open

to the public except as set out in Article II of the Administrative

Procedures Act and the Oklahoma Open Meeting Act.

D. Each Board member shall receive reimbursement for expenses

in accordance with the Oklahoma Travel Reimbursement Act and rules

promulgated by the Board.

E. 1. The Board shall be fully supported by the revenues

generated from its activities, including fees, charges and

reimbursed costs.

Oklahoma Statutes - Title 59. Professions and Occupations Page 659

2. All such revenues, with the exception of the ten percent

(10%) of its revenue required to be deposited in the General Revenue

Fund, shall be deposited to the Veterinary Medical Examiners Fund

and shall be credited to the account of the State Board of

Veterinary Medical Examiners. Any revenue remaining in the

revolving fund at the end of any fiscal year shall be carried over

to the next fiscal year in the account of the State Board of

Veterinary Medical Examiners.

3. The Board shall operate on the fiscal year beginning July 1

and ending June 30 of each year.

4. The Board shall develop and adopt its own budget reflecting

revenues, including reimbursed costs associated with the

administrative, investigative, and legal expenditures for taking

disciplinary action, and the establishment and maintenance of a

reasonable reserve fund.

F. All fees, charges, reimbursement minimums and other revenue

generating amounts shall be promulgated by the Board by rule and

shall reflect normal increases due to inflation or cost of doing

business.
Okla. Stat. tit. 59, § 59-567.4c — OK Code / Title 59 / Section 59-567.4c
Advanced Practice Registered Nurse — Application for
Status: in_force

prescriptive authority — Requirements.

A. An Advanced Practice Registered Nurse recognized by the

Oklahoma Board of Nursing as a Certified Nurse Practitioner,

Clinical Nurse Specialist, or Certified Nurse-Midwife who has

completed a minimum of six thousand two hundred forty (6,240)

clinical practice hours with prescriptive authority supervised by a

physician may apply to the Oklahoma Board of Nursing for authority

to prescribe and order independent of supervision.

B. The application for independent prescriptive authority shall

include proof that the Certified Nurse Practitioner, Clinical Nurse

Specialist, or Certified Nurse-Midwife:

1. Holds a valid, current license in the appropriate Advanced

Practice Registered Nurse role issued by the Board and is in good

standing with the Board; and

2. Has completed a minimum of six thousand two hundred forty

(6,240) clinical practice hours with prescriptive authority

supervised by a physician. This paragraph shall not be construed to

exclude practice hours with supervised prescriptive authority

obtained prior to the effective date of this act from being counted

toward the hours required in this paragraph.

C. Independent prescriptive authority granted under this

section shall be valid until the expiration of the current license

to practice and may be renewed upon application to the Board at the

same time and for the same period as the renewal of the license to

practice.

D. The Board may suspend or revoke independent prescriptive

authority granted under this section in accordance with the

Administrative Procedures Act for violation of the provisions of, or

the rules promulgated under, the Oklahoma Nursing Practice Act.

Oklahoma Statutes - Title 59. Professions and Occupations Page 568

E. The Board may assess a reasonable fee for the review of

initial and renewal applications under the provisions of this

section.
Okla. Stat. tit. 59, § 59-541.5 — OK Code / Title 59 / Section 59-541.5
Title and abbreviation – Presentation of license
Status: in_force

A. A person holding a license to practice as a radiologist

assistant in this state may use the title “radiologist assistant”

and the abbreviation “RA”.

B. A licensee shall present this license when requested.
Okla. Stat. tit. 59, § 59-858-307.1 — OK Code / Title 59 / Section 59-858-307.1
Issuance of license - Term - Fees
Status: in_force

The Oklahoma Real Estate Commission shall issue every real

estate license for a term of thirty-six (36) months with the

exception of a provisional sales associate license whose license

term shall be for twelve (12) months. License terms shall not be

altered except for the purpose of general reassignment of the terms

which might be necessitated for maintaining an equitable staggered

license term system. The expiration date of the license shall be

the end of the twelfth or thirty-sixth month, whichever is

applicable, including the month of issuance. Fees shall be

promulgated by rule, payable in advance, and nonrefundable.
Okla. Stat. tit. 59, § 59-1925.5 — OK Code / Title 59 / Section 59-1925.5
Duties of State Board of Behavioral Health Licensure
Status: in_force

A. The State Board of Behavioral Health Licensure shall:

1. Prescribe, adopt and promulgate rules to implement and

enforce the provisions of the Marital and Family Therapist Licensure

Act;

2. Set license and examination fees as required by the Marital

and Family Therapist Licensure Act, including the adoption of the

State Department of Health rules by reference; and

3. Adopt and establish rules of professional conduct.

B. The Board shall have the authority to:

1. Seek injunctive relief;

2. Receive fees and deposit said fees into the Licensed Marital

and Family Therapist Revolving Fund as required by the Marital and

Family Therapist Licensure Act;

3. Issue, renew, revoke, deny, suspend and place on probation

licenses to practice marital and family therapy pursuant to the

provisions of the Marital and Family Therapist Licensure Act;

4. Examine all qualified applicants for licenses to practice

marital and family therapy;

5. Accept grants and gifts from various foundations and

institutions;

6. Make such expenditures and employ such personnel as the

Commissioner may deem necessary for the administration of the

Marital and Family Therapist Licensure Act;

7. Request the district attorney to bring an action to enforce

the provisions of the Marital and Family Therapist Licensure Act;

and

Oklahoma Statutes - Title 59. Professions and Occupations Page 1370

8. Request assistance from the State Board of Medical Licensure

and Supervision for the purposes of investigating complaints and

possible violations of the Marital and Family Therapist Licensure

Act.
Okla. Stat. tit. 59, § 59-1317 — OK Code / Title 59 / Section 59-1317
Insurers to give notice of appointment of bondsmen or
Status: in_force

managing general agent - Filing fee - Termination of appointment -

Affidavit - Authority of bondsmen.

A. Every insurer who appoints a surety bondsman or managing

general agent in the state shall give notice thereof to the

Insurance Commissioner. The filing fee for appointment of each

surety bondsman or managing general agent shall be Ten Dollars

($10.00), payable to the Commissioner and shall be submitted with

the appointment. The appointment shall remain in effect until the

insurer submits a notice of cancellation to the Commissioner, the

license of the bail bondsman expires, or the Commissioner cancels

the appointment. The Commissioner may cancel a bail surety

appointment if the license of the bondsman is suspended, revoked or

nonrenewed. If there is a change in any information submitted by

the insurer on the appointment form, the insurer shall submit an

amended appointment form and a filing fee of Ten Dollars ($10.00)

payable to the Commissioner.

B. An insurer terminating the appointment of a surety bondsman

or managing general agent immediately shall file written notice

thereof with the Commissioner, together with a statement that it has

given or mailed notice to the surety bondsman or managing general

agent. The notice filed with the Commissioner shall state the

reasons, if any, for the termination.

C. Prior to issuance of a new appointment for a surety bondsman

or managing general agent, the bondsman or agent shall file an

affidavit with the Commissioner stating that no forfeitures are owed

to any court, no fines or fees are owed to the Insurance Department,

and no premiums or indemnification for forfeitures or fines are owed

to any insurer, insureds, or others received in the conduct of

business under the license. If any statement made on the affidavit

is found by the Commissioner to be false, the Commissioner may deny

the new appointment, apply the sanctions set forth in Section 1310

of this title or both. This provision shall not require that all

outstanding liabilities have been exonerated, but may provide that

the liabilities are still being monitored by the bondsman or agent.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1033

D. Every bail bondsman who negotiates and posts a bond shall,

in any controversy between the defendant, indemnitor, or guarantor

and the bail bondsman or insurer, be regarded as representing the

insurer. This provision shall not affect the apparent authority of

a bail bondsman as an agent for the insurer.
Okla. Stat. tit. 59, § 59-519.8a — OK Code / Title 59 / Section 59-519.8a
Physician Assistant Preceptor Tax Credit Revolving
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the State Board of Medical Licensure and Supervision to be

designated the “Physician Assistant Preceptor Tax Credit Revolving

Fund”. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of the monies received by the

Board from a portion of licensure fees received from physician

assistants under subsection I of Section 1 of this act. All monies

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

fund shall be used to make a transfer payment to the Oklahoma Tax

Commission in an amount equal to the amount of tax credits awarded

pursuant to this act. The Oklahoma Tax Commission shall apportion

monies transferred from the fund in the same manner as provided by

Section 2352 of Title 68 of the Oklahoma Statutes. Monies in the

fund which are not required for payment of administrative expenses

to the Health Care Workforce Training Commission, which shall not

exceed five percent (5%) of monies apportioned to the fund, or which

Oklahoma Statutes - Title 59. Professions and Occupations Page 502

are not required to be transferred to the Oklahoma Tax Commission as

otherwise required by this act to offset the revenue impacted by the

use of the income tax credits awarded pursuant to Section 1 of this

act may be used to implement programs required or authorized by law.
Okla. Stat. tit. 59, § 59-519.7a — OK Code / Title 59 / Section 59-519.7a
Temporary critical need license
Status: in_force

The State Board of Medical Licensure and Supervision may issue

temporary critical need licenses for physician assistants under

Section 1 of this act.
Okla. Stat. tit. 59, § 59-1110 — OK Code / Title 59 / Section 59-1110
Certificate issued to individuals only
Status: in_force

A certificate shall not be issued pursuant to the provisions of

the Waterworks and Wastewater Works Operator Certification Act to

any person other than an individual.
Okla. Stat. tit. 59, § 59-887.8 — OK Code / Title 59 / Section 59-887.8
Issuance of license - Reexamination
Status: in_force

The Board shall issue an appropriate license to each applicant

who successfully passes the examination in accordance with standards

promulgated by the Board and who otherwise complies with the

provisions of the Physical Therapy Practice Act.

Any applicant who fails to pass the examination may request to

retake the examination in accordance with standards established by

the Board.
Okla. Stat. tit. 59, § 59-650 — OK Code / Title 59 / Section 59-650
Interventional pain management license
Status: in_force

A. This act shall be known and may be cited as the “Oklahoma

Interventional Pain Management and Treatment Act”.

B. As used in this section:

1. “Chronic pain” means a pain state which is subacute,

persistent and intractable;

2. “Fluoroscope” means a radiologic instrument equipped with a

fluorescent screen on which opaque internal structures can be viewed

as moving shadow images formed by the differential transmission of

X-rays throughout the body; and

3. “Interventional pain management” means the practice of

medicine devoted to the diagnosis and treatment of chronic pain,

through the use of such techniques as:

a. ablation of targeted nerves,

Oklahoma Statutes - Title 59. Professions and Occupations Page 649

b. percutaneous precision needle placement within the

spinal column with placement of drugs such as local

anesthetics, steroids, analgesics in targeted areas of

the spinal column, or

c. surgical techniques, such as laser or endoscopic

diskectomy, intrathecal infusion pumps and spinal cord

stimulators.

C. It shall be unlawful to practice or offer to practice

interventional pain management in this state unless such person has

been duly licensed under the provisions of the Oklahoma Allopathic

Medical and Surgical Licensure and Supervision Act or the Oklahoma

Osteopathic Medicine Act.

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

administration of lumbar intra-laminar epidural steroid injections

or peripheral nerve blocks by a certified registered nurse

anesthetist when requested to do so by a physician and under the

supervision of an allopathic or osteopathic physician licensed in

this state and under conditions in which timely on-site consultation

by such allopathic or osteopathic physician is available.

E. A certified registered nurse anesthetist shall not operate a

freestanding pain management facility without direct supervision of

a physician who is board-certified in interventional pain management

or its equivalent.
Okla. Stat. tit. 59, § 59-1931 — OK Code / Title 59 / Section 59-1931
Definitions
Status: in_force

For the purpose of the Licensed Behavioral Practitioner Act:

1. "Behavioral health services" means the application of the

scientific components of psychological and mental health principles

in order to:

a. facilitate human development and adjustment throughout

the life span,

b. prevent, diagnose, or treat mental, emotional, or

behavioral disorders or associated distress which

interfere with mental health,

c. conduct assessments or diagnoses for the purpose of

establishing treatment goals and objectives, and

Oklahoma Statutes - Title 59. Professions and Occupations Page 1380

d. plan, implement, or evaluate treatment plans using

behavioral treatment interventions;

2. "Behavioral treatment interventions" means the application

of empirically validated treatment modalities, including, but not

limited to, operant and classical conditioning techniques,

adherence/compliance methods, habit reversal procedures, cognitive

behavior therapy, biofeedback procedures and parent training. Such

interventions are specifically implemented in the context of a

professional therapeutic relationship;

3. "Board" means the State Board of Behavioral Health

Licensure;

4. "Consulting" means interpreting or reporting scientific fact

or theory in behavioral health to provide assistance in solving

current or potential problems of individuals, groups, or

organizations;

5. "Licensed behavioral practitioner" or "LBP" means any person

who offers professional behavioral health services to any person and

is licensed pursuant to the provisions of the Licensed Behavioral

Practitioner Act. The term shall not include those professions

exempted by Section 1932 of this title;

6. "Licensed behavioral practitioner candidate" means a person

whose application for licensure has been accepted and who is under

supervision for licensure as provided in Section 1935 of this title;

7. "Referral activities" means the evaluating of data to

identify problems and to determine the advisability of referral to

other specialists;

8. "Research activities" means reporting, designing,

conducting, or consulting on research in behavioral health services;

9. "Specialty" means the designation of a subarea of behavioral

practice that is recognized by a national certification agency or by

the Board;

10. "Supervisor" means a person who meets the requirements

established by the Board; and

11. "Executive Director" means the Executive Director of the

State Board of Behavioral Health Licensure.
Okla. Stat. tit. 59, § 59-1882 — OK Code / Title 59 / Section 59-1882
Promulgation of rules and regulations
Status: in_force

The Oklahoma Board of Licensed Alcohol and Drug Counselors shall

promulgate rules governing any certification or licensure action to

be taken pursuant to the Administrative Procedures Act.
Okla. Stat. tit. 59, § 59-328.68 — OK Code / Title 59 / Section 59-328.68
Request for final appeal
Status: in_force

The patient or dentist may file a request for a final appeal of

a recommendation of the mediation committee or a recommendation of

the state mediation appeals committee to the Board of Dentistry

within thirty (30) days after the date of mailing of the mediation

committee recommendation or the state mediation appeals committee

recommendation. If such recommendation is not mailed, a patient or

dentist may file a request for a final appeal within thirty (30)

days after the date of delivery of such recommendation to the

appealing party.
Okla. Stat. tit. 59, § 59-3023.2 — OK Code / Title 59 / Section 59-3023.2
Private residences - Inspection - Certificate of
Status: in_force

operation fee.

A. The certificate of operation fee for newly installed

elevators, platform lifts, and stairway chairlifts for private

residences shall be subsequent to an inspection by a third party

inspector or by the Commissioner or his or her designee.

B. A third party inspector or the Commissioner, or his or her

designee, shall inspect, in accordance with the requirements set

forth in this chapter, all newly installed elevators, platform

lifts, and stairway chairlifts for private residences. For newly

installed residential elevators and other residential elevators, the

inspector shall note on the inspection report compliance with the

applicable codes governing protection of hoist way openings,

commonly known as the 3x5 rule.

C. An owner, operator or installer of a new residential

elevator may voluntarily request the Department of Labor to conduct

a review of a planned new installation for compliance with the

provisions of the Elevator Safety Act and Department regulations.

The review shall be performed in accordance with Department

regulations regarding installation permits. The Department may

charge a fee for the review as established by rule. The review

shall not subject the owner, operator or installer to any additional

responsibilities under the Elevator Safety Act, which are not

otherwise required prior to the voluntary review.
Okla. Stat. tit. 59, § 59-606 — OK Code / Title 59 / Section 59-606
Partial invalidity
Status: in_force

If any of the provisions hereof are adjudged to be

unconstitutional or invalid, such adjudication shall not affect the

validity or constitutionality of any of the other provisions hereof.
Okla. Stat. tit. 59, § 59-493.2v1 — OK Code / Title 59 / Section 59-493.2v1
Foreign applicants - Requirements for licensure
Status: in_force

A. Unless otherwise provided by this section, foreign

applicants and international medical school graduate applicants

shall otherwise meet all requirements for full and unrestricted

licensure as provided in Sections 492.1 and 493.1 of this title.

B. 1. A foreign applicant for full and unrestricted licensure

shall possess the degree of Doctor of Medicine or a Board-approved

equivalent based on satisfactory completion of educational programs

Oklahoma Statutes - Title 59. Professions and Occupations Page 447

from a foreign medical school as evidenced by the Educational

Commission for Foreign Medical Graduates (ECFMG).

2. In the event the foreign medical school utilized clerkships

in the United States, its territories or possessions, such

clerkships shall have been performed in hospitals and schools that

have programs accredited by the Accreditation Council for Graduate

Medical Education (ACGME).

C. 1. An international medical school graduate may apply for

limited licensure. The Board may issue a limited license of defined

duration to an international medical school graduate upon finding

sufficient evidence that the international medical school graduate

has:

a. graduated from a medical school which meets the

requirements of the Educational Commission for Foreign

Medical Graduates (ECFMG), and

b. paid any application fee as set by the Board.

2. The Board shall also find sufficient evidence of the

competency of the international medical school graduate through the

following:

a. verification of successful completion of a three-year

postgraduate training program in the graduate's

licensing country, or

b. verification that the applicant otherwise practiced as

a medical professional performing the duties of a

physician for at least three (3) of the last five (5)

years outside the United States verified by the

employer or health care provider.

3. An applicant under subparagraphs a and b of paragraph 1 of

this subsection shall submit sufficient evidence that the applicant

is an international medical school graduate and has an offer for

employment as a physician at a health care provider that operates in

this state and has a postgraduate training program accredited by the

Accreditation Council for Graduate Medical Education (ACGME) in

place.

4. During the term of the limited license, an international

medical school graduate who is granted a limited license under

subparagraphs a and b of paragraph 1 of this subsection shall only

provide medical services at a health care provider that has in place

postgraduate training program accredited by the Accreditation

Council for Graduate Medical Education (ACGME).

5. An international medical school graduate who is granted a

limited license shall be supervised by the chair of the department

within the applicant's intended practice during the term of the

limited license.

6. Three (3) years after the first date the limited licensee

begins to practice medicine at a health care provider in this state,

the Board may grant a full and unrestricted license to practice

Oklahoma Statutes - Title 59. Professions and Occupations Page 448

medicine to a limited licensee under subparagraphs a and b of

paragraph 1 of this subsection who:

a. is in good standing without disciplinary actions or

investigations pending from his or her limited

licensure period, and

b. provides documentation of a passing score for United

States Medical Licensing Examination (USMLE) Step 1, 2

CK, and 3.

7. A limited licensee who obtains a full and unrestricted

license is not thereafter subject to the restriction of practicing

at a health care provider with a postgraduate training program.

8. As used in this subsection, "health care provider" means a

facility that will be employing the licensee within an academic

health system or the Oklahoma State University College of

Osteopathic Medicine.

D. Any foreign applicant or international medical school

graduate shall have a command of the English language that is

satisfactory to the State Board of Medical Licensure and

Supervision, determined by the Educational Commission for Foreign

Medical Graduates (ECFMG).

E. The Board may promulgate rules requiring all foreign

applicants to satisfactorily complete at least twelve (12) months

and up to twenty-four (24) months of Board-approved progressive

graduate medical training as determined necessary by the Board for

the protection of the public health, safety, and welfare.

F. All credentials, diplomas and other required documentation

in a foreign language submitted to the Board by such applicants

shall be accompanied by notarized English translations performed by

an institution accredited by the North Central Association of

Colleges and Schools.

G. Foreign applicants and international medical school

graduates shall provide satisfactory evidence of having met the

requirements for permanent residence or temporary nonimmigrant

status as set forth by the United States Immigration and

Naturalization Service.

H. The Board requires original source verification of the

Educational Commission for Foreign Medical Graduates (ECFMG)

Certification or Medical Council of Canada Qualifying Examination

(MCCQUE) Certification.

I. The applicant shall not have committed or been found guilty

by a competent authority, United States or foreign, of any conduct

that would constitute grounds for disciplinary action under this act

or rules by the Board. The Board may modify this restriction for

cause.

J. If the applicant has not been practicing medicine for more

than two (2) years, the applicant shall be subject to Section 495h

of this title.

Oklahoma Statutes - Title 59. Professions and Occupations Page 449
Okla. Stat. tit. 59, § 59-3150 — OK Code / Title 59 / Section 59-3150
Short title - Oklahoma Small Lenders Act
Status: in_force

This act shall be known and may be cited as the "Oklahoma Small

Lenders Act".
Okla. Stat. tit. 59, § 59-328.27 — OK Code / Title 59 / Section 59-328.27
Faculty licenses and faculty specialty licenses
Status: in_force

A. 1. The Board of Dentistry may, without a clinical

examination, upon presentation of satisfactory credentials,

including completion of all portions of the National Board Dental

Examination, the dental hygiene National Boards and both Part I and

Part II of the National Board examination for dentists, and under

such rules as the Board may promulgate, issue a faculty license or

faculty specialty license to an applicant who:

a. is a graduate of a school of dentistry approved by the

Board and is licensed to practice dentistry in another

state or country,

b. has graduated from an accredited dental program,

c. successfully completes advanced training in a

specialty dental program approved by the Commission on

Dental Accreditation of the American Dental

Association, or

Oklahoma Statutes - Title 59. Professions and Occupations Page 236

d. if applying for a hygiene faculty license, is a

graduate of an accredited dental hygiene program and

is licensed to practice dental hygiene in another

state.

2. A faculty license or faculty specialty license shall be

issued only upon the request and certification of the dean of an

accredited dental college or the program director of an accredited

dental hygiene program located in this state that the applicant is a

full-time member of the teaching staff of that college or program.

3. Within the first two (2) years of employment, the faculty

license or faculty specialty license holder shall show proof of

passing an appropriate clinical board examination, as provided in

Section 328.21 of this title, recognized by the Board of Dentistry.

4. A faculty license or faculty specialty license shall be

valid for one (1) year and may be renewed by the Board at the

written request of the dean of an accredited dental program or the

director of an accredited dental hygiene program.

5. A faculty license or faculty specialty license shall

automatically expire when the license holder is no longer employed

as a faculty member at the institution that requested the license.

6. The holder of a faculty license or faculty specialty license

shall be entitled to perform services and procedures in the same

manner as a person holding a license to practice dentistry or dental

hygiene in this state, but all services and procedures performed by

the faculty license or faculty specialty license holder shall be

without compensation other than that received in salary from a

faculty position or through faculty practice as authorized by the

Board. The holder of a faculty license or faculty specialty license

shall be limited to practicing in the specialty area as designated

on the license. Such services and procedures shall be performed

only within the facilities of an accredited dental college or

accredited dental hygiene program or within the facilities

designated by the accredited dental college and teaching hospitals

approved by the Board.

B. The dean of an accredited dental or hygiene program may

petition the Board to allow a faculty member to have a limited

faculty or research faculty permit, based on a showing of criteria

that the individual possesses specialty knowledge in a specific area

that would benefit the college or program. The holder of a limited

faculty or research faculty permit shall not have privileges to

perform procedures in the faculty practice at the University of

Oklahoma College of Dentistry, but may oversee the student clinic.

A limited faculty permit shall be valid for one (1) year and may be

renewed by the Board at the written request of the dean of an

accredited dental program or the director of an accredited dental

hygiene program.

Oklahoma Statutes - Title 59. Professions and Occupations Page 237

C. Upon request of the dean, the Board President may issue a

dentist or hygienist licensed in another state or country a

temporary license pursuant to Section 328.23 of this title for the

purpose of attending, presenting or participating in a seminar or

live training in dental techniques or dental anesthesia, given at

the University of Oklahoma College of Dentistry to licensed dentists

and hygienists for continuing education credits and students

enrolled in the University of Oklahoma College of Dentistry. A

temporary permit issued for this purpose shall not exceed seven (7)

days and may not be issued to the same person more than four (4)

times in a calendar year.

D. Upon the request of the Oklahoma Dental Association

President or the Oklahoma Dental Hygienist Association President,

the Board President may issue a dentist or a hygienist licensed in

another state a temporary license pursuant to Section 328.23 of this

title for the purpose of presenting or participating in live patient

demonstrations presented by the Oklahoma Dental Association or

Oklahoma Dental Hygienist Association or other professional

organizations approved by the Board at its annual meeting. A

temporary permit issued for this purpose shall not exceed four (4)

days per calendar year.

E. Courses for expanded duties for dental assistants pursuant

to the administrative rules of the Board may be taught in an online,

interactive online, in-classroom, lab or blended format. All

expanded-duty courses shall include a dentist or dental hygienist

that is employed full- or part-time by an educational program

approved by the Commission on Dental Accreditation and currently on

file with the Board. Courses offered pursuant to this subsection

shall meet all criteria in administrative rules approved by the

Board.
Okla. Stat. tit. 59, § 59-858-705.1 — OK Code / Title 59 / Section 59-858-705.1
Board – Ex-officio Chairperson - Duties
Status: in_force

A. In addition to the seven (7) appointed members of the Board,

the Insurance Commissioner shall serve as ex-officio Chairperson of

the Board, voting only in case of a tie.

B. As Chairperson, the Insurance Commissioner, in addition to

his duties prescribed by law as Insurance Commissioner on September

1, 1991, shall be required to perform the following duties, for

which duties he shall be paid an additional Twelve Thousand Dollars

($12,000.00) annually, payable monthly from appropriations made to

the Insurance Department:

1. Keep records of the proceedings of the Board;

2. Call special meetings of the Board when in the judgment of

the chairperson it is necessary or proper to do so;

3. Procure appropriate examination questions and answers which

shall meet criteria established by the Appraisal Qualifications

Board of the Appraisal Foundation and approved by the Board;

4. Prepare and file an annual report with the Speaker of the

House of Representatives, the President Pro Tempore of the Senate

and the Governor detailing the number of applicants for the

examination and the pass/fail rate;

5. Establish and maintain a recordkeeping system approved by

the Board to monitor compliance with the continuing education

requirements imposed by law;

6. Make recommendations to the Board concerning the

establishment of administrative procedures for conducting

disciplinary proceedings pursuant to the provisions of the Oklahoma

Certified Real Estate Appraisers Act;

7. Develop a procedure approved by the Board whereby persons

aggrieved by the actions of a licensed or certified appraiser may

file complaints with the Board;

8. Annually compile and file a report with the Speaker of the

House of Representatives, President Pro Tempore of the Senate and

the Governor detailing the number of complaints received by the

Board, the resulting number of investigations and hearings conducted

and the final disposition of these matters;

9. Prepare and file a report with the Speaker of the House of

Representatives, the President Pro Tempore of the Senate and the

Governor evaluating the impact of the voluntary

licensure/certification program on future appraisers and recommend

whether an appraiser trainee or apprenticeship program should be

instituted; and

10. Submit to the Speaker of the House of Representatives, the

President Pro Tempore of the Senate and the Governor on or before

January 1, 1994, a report evaluating the impact of the

licensure/certification requirements imposed by the Oklahoma

Certified Real Estate Appraisers Act on the appraiser and banking

industry and include in the report any recommendations for

Oklahoma Statutes - Title 59. Professions and Occupations Page 757

amendments to the Oklahoma Certified Real Estate Appraisers Act.
Okla. Stat. tit. 59, § 59-1800.2 — OK Code / Title 59 / Section 59-1800.2
Definitions
Status: in_force

As used in the Alarm, Locksmith and Fire Sprinkler Industry Act:

1. "Alarm industry" means the sale, except as provided in

Section 1800.3 of this title, installation, alteration, repair,

replacement, service, inspection, or maintenance of alarm systems or

service involving receipt of alarm signals for the purpose of

employee response and investigation of such signals or any

combination of the foregoing activities except inspections on one-

and two-family dwellings are exempt;

2. "Alarm system" means one or more devices designed either to

detect and signal an unauthorized intrusion or entry or to signal a

fire or other emergency condition, which signals are responded to by

public law enforcement officers, fire department personnel, private

guards or security officers;

3. "Battery-charged security fence" means an alarm system and

ancillary components or equipment attached to such a system

including, but not limited to, a fence, a battery-operated

energizer, which is intended to periodically deliver voltage

impulses to the fence connected to it, and a battery-charging device

used exclusively to charge the battery;

4. "Committee" means the Alarm, Locksmith and Fire Sprinkler

Industry Committee;

5. "Commissioner" means the Commissioner of Labor;

6. "Integrated security system" means a mechanical and/or

electronic security device that includes, but is not limited to,

multiple integrated locks, burglar alarm systems, access control

systems, fiber optic security systems, video surveillance systems,

and nurse call systems, but does not include a stand-alone-single-

element of an integrated security system;

7. "Licensee" means any person licensed pursuant to the Alarm,

Locksmith and Fire Sprinkler Industry Act;

8. "Lock" means mechanical or electronic devices consisting

entirely of Class 2 or Class 3 circuits and power source

requirements as established by the National Electrical Code and

designed to control use of a device or control ingress or egress of

a structure or automobile including, but not limited to, peripheral

devices to alarm systems, safes, vaults, safe deposit boxes,

biometric/retina readers and mechanical or electronic key systems;

9. "Locksmith industry" means the sale, servicing or

installing, repairing, rebuilding, readying, rekeying, repinning,

adjusting or installing locks, mechanical or electronic security

devices, annunciation devices not designed to require a response by

law enforcement or opening or bypassing a lock by a means other than

those intended by the manufacturer of such devices. For the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1280

purposes of the Alarm, Locksmith and Fire Sprinkler Industry Act,

"mechanical or electronic security devices" includes, but is not

limited to, access control systems including peripheral devices to

alarm systems, fiber optic security systems, fire sprinklers, closed

circuit television, video surveillance and nurse call systems;

10. "Person" means an individual, sole proprietorship, firm,

partnership, association, limited liability company, corporation, or

other similar entity; and

11. "Residential alarm monitoring or service contract" means a

contract with end users for alarm monitoring and/or services for

individual residential premises for their own use.
Okla. Stat. tit. 59, § 59-46.3v1 — OK Code / Title 59 / Section 59-46.3v1
Definitions
Status: in_force

As used in the State Architectural and Registered Commercial

Interior Designers Act:

1. "Architect" means any person who is licensed in the practice

of architecture in the State of Oklahoma as hereinafter defined;

2. "Practice of architecture" means rendering or offering to

render certain services, in connection with the design and

construction, enlargement or alteration of a building or a group of

buildings and the space surrounding such buildings, including

buildings which have as their principal purpose human occupancy or

habitation. The services referred to include planning, providing

preliminary studies, designs, drawings, specifications,

investigations or technical submissions, the administration of

construction contracts, and the coordination of any elements of

technical submissions prepared by other consultants including, as

appropriate and without limitation, consulting engineers and

Oklahoma Statutes - Title 59. Professions and Occupations Page 87

landscape architects; provided, that the practice of architecture

shall include such other professional services as may be necessary

for the rendering of or offering to render architectural services.

The preparation of plans and specifications for the following

tasks is within the scope of practice of both architecture and

engineering:

a. site plans depicting the location and orientation of a

building on the site based on:

(1) a determination of the relationship of the

intended use with the environment, topography,

vegetation, climate, and geographic aspects, and

(2) the legal aspects of site development, including

setback requirements, zoning, and other legal

restrictions,

b. life safety plans and related codes analyses,

c. roof plans and details depicting the design of roof

system materials, components, drainage, slopes, and

directions and location of roof accessories and

equipment, not involving structural engineering

calculations,

d. design of shallow spread footing foundations, and

e. the incorporation of other design professionals'

depiction of building systems, including

architectural, structural, mechanical, electrical, and

plumbing systems into the design professionals' own

work, in:

(1) plan views,

(2) cross-sections depicting building components from

a hypothetical cut line through buildings, and

(3) the design of details of components and

assemblies;

3. "Registration" or "license" means a certificate of

registration or license issued by the Board. The definition of

"license" shall apply to those persons licensed under a practice

act. The definition of "registration" shall apply to those persons

registered under the title registered commercial interior designer

under this act;

4. "Building" means any structure used, or intended to be used,

to support, shelter, or enclose any use or occupancy;

5. "Board" means the Board of Governors of the Licensed

Architects, Landscape Architects and Registered Commercial Interior

Designers of Oklahoma;

6. "Certificate of authority" means the authorization granted

by the Board for persons to practice or offer to practice

architecture, or landscape architecture, through a partnership,

corporation, limited liability company or limited liability

partnership;

Oklahoma Statutes - Title 59. Professions and Occupations Page 88

7. "Certificate of title" means the authorization granted by

the Board for a partnership, corporation, limited liability company

or limited liability partnership to use the title registered

commercial interior designer or any modification or derivation of

these terms;

8. "Technical submissions" means drawings, plans,

specifications, studies and any other technical reports or documents

which are issued in the course of practicing architecture, landscape

architecture or registered commercial interior design with the

intent that they be considered as formal or final documents.

Technical submissions shall not include record drawings or

prototypical plans. However, technical submissions may be further

defined by Board rules;

9. "Responsible control" means the active and personal

management by a licensed architect, landscape architect, or

registered commercial interior designer of the firm's personnel and

practice, applying the required standard of care, to maintain

detailed knowledge over the design and technical decisions related

to the preparation and implementation of the professional services

to which the licensee or registrant affixes his or her seal,

signature, and date;

10. "Landscape architect" means a person licensed to practice

landscape architecture as provided in the State Architectural and

Registered Commercial Interior Designers Act;

11. "Landscape architecture" means the performance of

professional services defined as teaching, consultations,

investigations, reconnaissance, research, planning, design,

preparation of construction drawings and specifications,

construction observation and the coordination of any elements of

technical submissions prepared by others in connection with the

planning and arranging of land and the elements thereon for public

and private use and enjoyment, including the design and layout of

roadways, service areas, parking areas, walkways, steps, ramps,

pools, parks, parkways, trails and recreational areas, the location

and site of improvements including buildings and other structures,

and the grading of the land, surface and subsoil drainage, erosion

control, planting, reforestation, and the preservation of the

natural landscape, in accordance with accepted professional

standards, and to the extent that the dominant purpose of such

services or creative works is the preservation, conservation,

enhancement, or determination of proper land uses, natural land

features, ground cover and plantings, or naturalistic and aesthetic

values.

The practice of landscape architecture shall include the

location and arrangement of tangible objects and features as are

incidental and necessary to the purpose outlined for landscape

architecture. The practice of landscape architecture shall not

Oklahoma Statutes - Title 59. Professions and Occupations Page 89

include the design of structures or facilities with separate and

self-contained purposes for habitation or industry, or the design of

public streets, highways, utilities, storm and sanitary sewers and

sewage treatment facilities, that are statutorily defined as the

practice of engineering or architecture;

12. "Code" means the nationally recognized codes adopted by the

Uniform Building Code Commission of the State of Oklahoma;

13. "Building official" means the officer, other designated

authority, or duly authorized representative charged with the

administration and enforcement of the building code as implemented

by the local, municipal or county jurisdiction in which a building

is located. Where no building code has been adopted by the local,

municipal or county jurisdiction, the building official shall be

defined as the State Fire Marshal;

14. "Registered commercial interior designer" means a person

recognized by this state who is registered, qualified by examination

and meeting all the requirements set forth in the State

Architectural and Registered Commercial Interior Designers Act and

the Board's rules;

15. "Plans" means technical documents issued by the licensed

and/or registered professionals intended to meet all current and

applicable codes as adopted by the Uniform Building Code Commission

of the State of Oklahoma, other statutory codes and applicable

federal codes and which shall be submitted to all required building

code and/or permit offices required by the State of Oklahoma,

county, municipal and/or federal government;

16. "Equivalent standards" means those standards adopted by the

Board intended to be used as alternative equivalents to determine

competency for education, training and testing for licensing

architects and/or landscape architects and registering commercial

interior designers and for complying with the Military Service

Occupation, Education and Credentialing Act for military personnel

and their spouses;

17. "Commercial interior design" means the rendering of or the

offering to render designs, consultations, studies, planning,

drawings, specifications, contract documents or other technical

submissions and the administration of interior construction and

contracts relating to nonstructural interior construction by a

registered commercial interior designer in a new constructed or

existing building when the core and shell elements are not going to

be changed;

18. "Nonstructural commercial interior construction" means the

construction of elements which do not include exterior components of

a building such as exterior walls, any load-bearing wall, any load-

bearing column or any other load-bearing elements of a building

essential to the structural integrity of the building such as wind

Oklahoma Statutes - Title 59. Professions and Occupations Page 90

loads and seismic loads and to any element which must be designed

for wind loads and seismic loads; and

l9. "Fire and life safety systems" means those systems and

construction that pertain to fire and life safety protection, such

as fire sprinklers, fire alarms, smoke evacuation systems, fire

walls, fire barriers or smoke barriers as defined by the current

International Building Code adopted by the Oklahoma Uniform Building

Code Commission.

The definitions in the State Architectural and Registered

Commercial Interior Designers Act shall have the same meaning when

applicable to any rule promulgated pursuant to such act.
Okla. Stat. tit. 59, § 59-158 — OK Code / Title 59 / Section 59-158
Restraining orders and injunctions
Status: in_force

Restraining orders and temporary and permanent injunctions may

be granted by the district and superior courts upon application of

the Board for the purpose of restraining, enjoining, and preventing

threatened or likely violations of, and also enforcing, and also

requiring compliance with, the applicable laws.
Okla. Stat. tit. 59, § 59-981 — OK Code / Title 59 / Section 59-981
Citation
Status: in_force

This act shall be known as the "Oklahoma Public Auction Law".
Okla. Stat. tit. 59, § 59-159.2 — OK Code / Title 59 / Section 59-159.2
Unlawful acts
Status: in_force

It shall be unlawful to make, furnish, correct, change, or fit

any of the following if moulded for the foot or part of the foot of

a specific person, as distinguished from persons generally, to wit:

shoes for the purpose of diagnosing, correcting, relieving,

treating, aiding, controlling, or alleviating ailments, diseases,

diseased conditions, deformities, injuries, or abnormalities of the

foot or feet of the specific person, except upon the prescription of

a medical doctor, podiatric physician, osteopathic physician duly

licensed under the laws of this state, or to offer so to do, or for

any one other than such medical doctor, podiatric physician or

osteopathic physician to prescribe any thereof for any such purpose.
Okla. Stat. tit. 59, § 59-2095.2 — OK Code / Title 59 / Section 59-2095.2
Definitions
Status: in_force

As used in the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act:

1. “Administrator” means the Administrator of Consumer Credit;

2. “Affiliate” means an entity which directly or indirectly,

through one or more intermediaries, controls, is controlled by or is

under common control with the entity specified;

3. “Borrower” means any individual who consults with or retains

a mortgage broker or mortgage loan originator in an effort to obtain

or seek advice or information on obtaining or applying to obtain or

modify a residential mortgage loan for himself, herself, or

individuals including himself or herself, regardless of whether the

individual actually obtains or modifies such a loan;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1440

4. “Branch office” means any location, other than a mortgage

lender’s or mortgage broker’s principal place of business or a

remote location, where the licensee or its employees or independent

contractors maintain a physical presence for the purpose of

conducting business;

5. “Commission” means the Commission on Consumer Credit;

6. “Compensation” means anything of value or any benefit

including points, commissions, bonuses, referral fees and loan

origination fees;

7. “Depository institution” has the same meaning as in Section

3 of the Federal Deposit Insurance Act and includes any credit

union;

8. “Entity” means a corporation, company, limited liability

company, partnership or association;

9. “Federal banking agencies” means the Board of Governors of

the Federal Reserve System, the Comptroller of the Currency, the

Director of the Office of Thrift Supervision, the National Credit

Union Administration and the Federal Deposit Insurance Corporation;

10. “Immediate family member” means a spouse, child, sibling,

parent, grandparent or grandchild and includes stepparents,

stepchildren, stepsiblings and adoptive relationships;

11. “Individual” means a natural person and also includes a

sole proprietorship;

12. a. “Loan processor or underwriter” means an entity or

individual who performs support duties as an employee

at the direction of and subject to the supervision and

instruction of an entity or individual licensed or

exempt from licensing as provided in Section 2095.3 of

this title.

b. For purposes of this paragraph, the term “clerical or

support duties” may include subsequent to the receipt

of an application, the receipt collection,

distribution and analysis of information necessary for

the processing or underwriting or modification of a

loan, to the extent that such communication does not

include offering or negotiating or modifying loan

rates or terms, or counseling consumers about

residential mortgage loan rates or terms.

c. An entity or individual engaging solely in loan

processor or underwriter activities shall not

represent to the public through advertising or other

means of communicating or providing information,

including the use of business cards, stationery,

brochures, signs, rate lists or other promotional

items, that such entity or individual can or will

perform any of the activities of a mortgage broker or

mortgage loan originator;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1441

13. a. “Mortgage broker” means an entity who for compensation

or gain or in the expectation of compensation or gain:

(1) takes a residential mortgage loan application,

(2) offers, negotiates or modifies the terms of a

residential mortgage loan, or

(3) services a residential mortgage.

b. Mortgage broker does not include:

(1) an entity engaged solely as a loan processor or

underwriter except as otherwise provided in

Section 2095.5 of this title,

(2) an entity that only performs real estate

brokerage activities and is licensed or

registered in accordance with Oklahoma law,

unless the entity is compensated by a lender, a

mortgage broker, or other mortgage loan

originator or by any agent of such lender,

mortgage broker or other mortgage loan

originator, and

(3) an entity solely involved in extensions of credit

relating to timeshare plans, as that term is

defined in 11 U.S.C., Section 101(53D);

14. “Mortgage lender” means an entity that takes an application

for a residential mortgage loan, makes a residential mortgage loan

or services a residential mortgage loan and is an approved or

authorized:

a. mortgagee with direct endorsement underwriting

authority granted by the United States Department of

Housing and Urban Development,

b. seller or servicer of the Federal National Mortgage

Association or the Federal Home Loan Mortgage

Corporation, or

c. issuer for the Government National Mortgage

Association;

15. a. “Mortgage loan originator” means an individual who for

compensation or gain or in the expectation of

compensation or gain:

(1) takes a residential mortgage loan application, or

(2) offers or negotiates or modifies the terms of a

residential mortgage loan.

b. Mortgage loan originator does not include:

(1) an individual engaged solely as a loan processor

or underwriter except as otherwise provided in

Section 2095.5 of this title,

(2) an individual that only performs real estate

brokerage activities and is licensed or

registered in accordance with Oklahoma law,

unless the individual is compensated by a lender,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1442

a mortgage broker, or other mortgage loan

originator or by any agent of such lender,

mortgage broker, or other mortgage loan

originator, and

(3) an individual solely involved in extensions of

credit relating to timeshare plans, as that term

is defined in 11 U.S.C., Section 101(53D);

16. “Nationwide Multistate Licensing System and Registry” means

a mortgage licensing system developed and maintained by the

Conference of State Bank Supervisors and the American Association of

Residential Mortgage Regulators for the licensing and registration

of licensed mortgage brokers and mortgage loan originators;

17. “Nontraditional mortgage product” means any mortgage

product other than a thirty-year fixed rate mortgage;

18. “Real estate brokerage activity” means any activity that

involves offering or providing real estate brokerage services to the

public, including:

a. acting as a real estate agent or real estate broker

for a buyer, seller, lessor or lessee of real

property,

b. bringing together parties interested in the sale,

purchase, lease, rental or exchange of real property,

c. negotiating, on behalf of any party, any portion of a

contract relating to the sale, purchase, lease, rental

or exchange of real property, other than in connection

with providing financing with respect to any such

transaction,

d. engaging in any activity for which an entity engaged

in the activity is required to be registered or

licensed as a real estate agent or real estate broker

under any applicable law, and

e. offering to engage in any activity or act in any

capacity described in this paragraph;

19. “Registered mortgage loan originator” means any individual

who:

a. meets the definition of mortgage loan originator and

is an employee of:

(1) a depository institution,

(2) a subsidiary that:

(a) is owned and controlled by a depository

institution, and

(b) is regulated by a federal banking agency, or

(3) an institution regulated by the Farm Credit

Administration, and

b. is registered with, and maintains a unique identifier

through, the Nationwide Multistate Licensing System

and Registry;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1443

20. “Remote location” means a location, other than the

principal place of business or a branch office, at which the

employees or independent contractors of a licensee may conduct

mortgage business. Licensable activities from a remote location

shall be permitted when conducted under the supervision of the

licensee and when all requirements in Section 22 of this act are

satisfied;

21. “Residential mortgage loan” means any loan primarily for

personal, family or household use that is secured by a mortgage,

deed of trust, or other equivalent consensual security interest on a

dwelling as defined in Section 103(v) of the Truth in Lending Act or

residential real estate upon which is constructed or intended to be

constructed such a dwelling;

22. “Residential real estate” means any real property located

in this state upon which is constructed or intended to be

constructed a dwelling as defined in paragraph 21 of this section;

23. “Servicing” means the administration of a resident mortgage

loan following the closing of such loan. An entity shall be deemed

to be servicing if it either holds the servicing rights, or engages

in any activities determined to be servicing, including:

a. collection of monthly mortgage payments,

b. the administration of escrow accounts,

c. the processing of borrower inquiries and requests, and

d. default management; and

24. “Unique identifier” means a number or other identifier

assigned by protocols established by the Nationwide Multistate

Licensing System and Registry.
Okla. Stat. tit. 59, § 59-858-710 — OK Code / Title 59 / Section 59-858-710
Classifications of certification
Status: in_force

A. There shall be four classes for Oklahoma certified real

estate appraisers:

1. State Licensed Appraiser as defined by the Appraiser

Qualification Criteria promulgated by the Appraiser Qualifications

Board of the Appraisal Foundation;

2. State Certified Residential Appraiser as defined by the

Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation;

3. State Certified General Appraiser as defined by the

Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation; and

4. Trainee Appraiser as defined by the Appraiser Qualification

Criteria promulgated by the Appraiser Qualifications Board of the

Appraisal Foundation.

B. The application for original certification, renewal

certification and examination shall specify the classification of

certification being applied for and previously granted.
Okla. Stat. tit. 59, § 59-582 — OK Code / Title 59 / Section 59-582
Board of Examiners in Optometry - Re-creation - Vacancies
Status: in_force

- Qualifications - Term of members.

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

accordance with the provisions of the Oklahoma Sunset Law, the Board

of Examiners in Optometry. This Board shall consist of five (5)

persons, four of whom shall possess sufficient knowledge of

theoretical and practical optics to practice optometry, be duly

licensed as optometrists, and who shall have been residents of this

state actually engaged in the practice of optometry for at least

five (5) years. The term of each licensed optometrist member of the

Board, one being appointed each year, shall be five (5) years, or

until a qualified successor is appointed. The lay member of the

Board shall serve a term coterminous with that of the Governor and

shall serve at the pleasure of the Governor. The Governor is hereby

authorized to appoint a member of the Board of Examiners in

Optometry at the expiration of any term or whenever, for any reason,

a vacancy may occur on the Board. Vacancies shall be filled for the

unexpired term only.

Oklahoma Statutes - Title 59. Professions and Occupations Page 608
Okla. Stat. tit. 59, § 59-1004 — OK Code / Title 59 / Section 59-1004
Oklahoma State Committee of Plumbing Examiners -
Status: in_force

Membership - Tenure - Qualifications and duties - Travel expenses.

A. The Oklahoma State Committee of Plumbing Examiners is hereby

created and shall consist of five (5) members, each of whom shall be

a citizen of the United States, and a resident of this state. One

member shall be appointed from each congressional district and any

remaining members shall be appointed from the state at large.

However, when congressional districts are redrawn each member

appointed prior to July 1 of the year in which such modification

becomes effective shall complete the current term of office and

appointments made after July 1 of the year in which such

modification becomes effective shall be based on the redrawn

districts. Appointments made after July 1 of the year in which such

modification becomes effective shall be from any redrawn districts

which are not represented by a board member until such time as each

of the modified congressional districts are represented by a board

member. No appointments may be made after July 1 of the year in

which such modification becomes effective if such appointment would

result in more than two members serving from the same modified

district. Beginning January 1, 2002, as the terms of members

serving on the Committee on such date expire, members of the

Committee shall be appointed by the Construction Industries Board

which may also remove them for cause. They will hold office for

terms of two (2) years, or until their successors are appointed.

Two members of the Committee shall have had at least five (5) years'

practical experience as a licensed master plumber or plumbing

contractor, and two members shall have had at least five (5) years'

practical experience as a licensed journeyman plumber. One member

shall be a plumbing inspector selected from lists of names submitted

from plumbing inspection industries. Whenever appointments of

initial, new, or replacement plumbing members of the Committee are

to be made, the Board shall choose them only from lists of at least

three names to be furnished whenever needed as follows:

Oklahoma Statutes - Title 59. Professions and Occupations Page 877

1. Master plumber or plumbing contractor member - lists to be

furnished by associated plumbing and heating contractors of this

state;

2. Journeyman plumber member - lists to be furnished by state

pipe trades associations;

3. One licensed master plumber or plumbing contractor who is

not a member of an association of plumbing, heating, and cooling

contractors of this state; and

4. One licensed journeyman plumber who is not a member of a

state pipe trades association.

B. Duties of the Committee shall be to serve the Construction

Industries Board in an advisory capacity, to formulate rules

pursuant to The Plumbing License Law of 1955, and to assist and

advise the Board on the examination of applicants for licenses as

journeyman plumber or plumbing contractor, in accordance with such

rules and the terms and conditions hereof. A majority of the

Committee shall constitute a quorum for the transaction of business.

C. Each examiner shall be reimbursed for travel expenses in

accordance with the provisions of the State Travel Reimbursement

Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 59, § 59-353.22 — OK Code / Title 59 / Section 59-353.22
Sale of poisons
Status: in_force

A. It shall be unlawful for:

1. Any person to sell any poison without distinctly

labeling the box, vessel or paper in which the poison is

contained with the name of the poison, the word "poison",

and the name and the place of business of the seller; or

2. Any pharmacist, or other person, to sell any poison without

causing an entry to be made in a book kept for that purpose before

delivering the same to the purchaser, stating the date of the sale,

the name and address of the purchaser, the name of the poison sold,

the purpose for which it is represented by the purchaser to be

required, and the name of the dispenser. Such book shall always be

available for inspection by the proper authorities and shall be

preserved for at least five (5) years.

B. The provisions of this section shall not apply to the

dispensing of poisons in not unusual quantities or doses upon the

prescription of a prescriber.
Okla. Stat. tit. 59, § 59-353.12 — OK Code / Title 59 / Section 59-353.12
Display of certificate of licensure - Discontinuance or change of place of business -
Status: in_force

A. Every pharmacist, upon receiving a certificate of licensure pursuant to the Oklahoma Pharmacy

Act, shall keep such certificate conspicuously displayed in the pharmacy where such pharmacist is

actively engaged in the practice of pharmacy or in such a location as is otherwise prescribed by the

State Board of Pharmacy. The current renewal receipt for licensure shall be attached to the lower

Oklahoma Statutes - Title 59. Professions and Occupations Page 7

A. No person shall take, use or exhibit the title of pharmacist, licensed pharmacist or Doctor of

Pharmacy, "D.Ph." or "R.Ph.", either expressly or by implication, except as otherwise authorized bychange of place of business - Confiscation of certificates.

A. Every pharmacist, upon receiving a certificate of

licensure pursuant to the Oklahoma Pharmacy Act, shall

keep such certificate conspicuously displayed in the

pharmacy where such pharmacist is actively engaged in

the practice of pharmacy or in such a location as is

otherwise prescribed by the State Board of Pharmacy.

The current renewal receipt for licensure shall be

attached to the lower left corner of the original certificate.

B. Every other registrant shall keep the license or permit

conspicuously displayed in the licensee or permit holder's pharmacy

or place of business.

C. Every licensee or permit holder shall, within ten (10) days

after discontinuing or changing his or her place of practice, remove

his or her license or permit and notify the Executive Director of

the Board, in writing, of his or her new place of practice. Upon

receipt of the notification, the Executive Director shall make the

necessary change in the Board records.

D. Any member of the Board, inspector or pharmacist compliance

officer duly authorized by the Board shall have authority to

confiscate and void any certificate of licensure issued by the Board

which has been displayed in any place not authorized by the Board,

provided that the holder of the certificate, license or permit shall

be entitled to a hearing before the Board and show cause why his or

her certificate, license or permit should not be canceled.
Okla. Stat. tit. 59, § 59-328.26 — OK Code / Title 59 / Section 59-328.26
Dental student or dental hygiene student intern,
Status: in_force

resident, or fellow permit.

A. The Board of Dentistry may, without examination, issue a

dental student intern, resident or fellowship permit to a student or

graduate of an approved dental school or college, or a residency

program approved by the Commission on Dental Accreditation (CODA).

Upon meeting the qualifications and upon approval of the dean or the

governing body of any public or private institution any person may

request a dental student or dental hygiene student intern, resident

or fellow permit to be issued from the Board, with limited duties as

defined in the permit. A fellowship permit may only be given to a

person currently participating in a fellowship program affiliated

with an accredited dental school.

B. A dental student or dental hygiene student intern, resident

or fellowship permit shall not be issued to any person whose license

to practice dentistry in this state or in another state has been

suspended or revoked, or to whom a license to practice dentistry has

been refused.

C. A dental student or dental hygiene student intern, resident

or fellowship permit shall not authorize the holder to open an

office for the private practice of dentistry, or to receive

compensation for the practice of dentistry, except a salary paid by

the federal government or this state, or their subdivisions, or the

public or private institution where the holder of the dental student

intern, resident or fellowship permit will be employed.

D. A dental student or dental hygiene student intern with a

valid dental student intern permit may work under the direct

supervision of a licensed dentist for compensation upon meeting the

following criteria:

1. The dental student or dental hygiene student intern shall

notify the Board of the supervising dentist;

2. A dental student or dental hygiene student intern, having

finished the first year of dental school, may assist in all duties

of a dental assistant pursuant to the administrative rules of the

Board;

3. A dental student intern, having finished the second year of

dental school, may assist in all duties permitted in paragraph 2 of

this subsection, radiation safety, coronal polishing and sealants;

and

4. A dental student intern, having finished the second semester

of the third year of dental school, may provide scaling, root

planing, and local anesthesia.

E. A dental or dental hygiene student intern, resident or

fellowship permit shall automatically expire when the permit holder

Oklahoma Statutes - Title 59. Professions and Occupations Page 235

is no longer participating in the program offered by the college of

dentistry, the accredited dental college or the institution.

F. The issuance of a dental student intern, resident or

fellowship permit by the Board shall in no way be considered a

guarantee or predetermination of any person to receive a full

license issued by the Board.

G. Dental student intern or resident or fellowship permits may

be renewed annually at the request of the dean of the college or

program director of the program approved by CODA and at the

discretion of the Board.

H. Residents and Fellows with a valid permit may supervise

student dental clinics under the authority of the Dean or Associate

Dean of the University of Oklahoma College of Dentistry.

I. Students currently enrolled at the University of Oklahoma

College of Dentistry or an accredited dental hygiene or dental

assisting program shall be exempted from Sections 328.19 and 328.21

of this title while participating in an educational program located

at the University of Oklahoma College of Dentistry or the clinic of

an accredited dental hygiene or dental assisting program. A

licensed dentist, hygienist or faculty license holder shall be

physically present in the facility whenever students of dentistry,

dental hygiene or dental assisting are performing a clinical dental

procedure on patients.
Okla. Stat. tit. 59, § 59-495d — OK Code / Title 59 / Section 59-495d
Suspension in absence of reregistration - Reinstatement
Status: in_force

If a licensee fails to apply for reregistration within sixty

(60) days from the end of the previous registration period, as

provided in this act, his original license to practice medicine and

surgery in this state shall be suspended and the Board shall report

to the office of the district attorney of the county of practice any

Oklahoma Statutes - Title 59. Professions and Occupations Page 475

physician who failed to reregister if the physician's practice is

still in Oklahoma. Said original license shall, upon due

application by said person therefor, be reinstated by the Board or

its agent designated for that purpose if and when the applicant

furnishes satisfactory proof that:

(a) The licensee had not practiced medicine or surgery in any

other state or territory of the United States in violation of the

laws thereof during said period;

(b) The licensee's license to practice medicine or surgery had

not been revoked in any other such state or territory during said

period;

(c) The licensee has not been convicted of a felony or the

violation of the narcotic laws of the United States during said

period; and

(d) The licensee has met the same standards for licensure as is

required at the time for initial licensure and the latest

reregistration period.

A fee set by the Board shall accompany the application for

reinstatement. The Board may in its discretion require the

applicant to take and pass an examination prescribed by it to assess

the applicant's clinical competency unless the applicant can show

that fifty percent (50%) of his monthly activities during the time

the applicant's Oklahoma license has been inactive include the

practice of medicine.
Okla. Stat. tit. 59, § 59-328.24 — OK Code / Title 59 / Section 59-328.24
Dental assistant permit — Expanded duty permits
Status: in_force

A. No person shall practice as a dental assistant without first

applying for and obtaining a permit from the Board of Dentistry.

B. The application shall be made to the Board in writing and

shall be accompanied by the fee established by the Board, together

with satisfactory proof that the applicant passes a background check

with criteria established by the Board.

C. Every dental assistant receiving a permit shall complete a

class on infection control as approved by the Board within one (1)

year from the date of receipt of the permit. Failure to complete

the class shall be grounds for discipline pursuant to Section

328.29a of this title.

D. There shall be eight types of expanded duty permits

available for dental assistants upon completion of a program

approved by the Commission on Dental Accreditation (CODA) or a

course that has been approved by the Board:

1. Radiation safety;

2. Coronal polishing and topical fluoride;

3. Sealants;

4. Assisting in the administration of nitrous oxide;

5. Phlebotomy;

6. Venipuncture;

7. Elder care and public health; or

8. Oral maxillofacial surgery. An oral maxillofacial surgery

expanded duty permit shall be available to a dental assistant who

has met the requirements as listed in Section 328.25 of this title

and assists a dentist, pediatric dentist, or oral maxillofacial

surgeon who holds a parenteral or general anesthesia permit;

provided, only the dentist, pediatric dentist, or oral maxillofacial

surgeon, or an anesthesiologist or a Certified Registered Nurse

Anesthetist, may administer anesthesia and assess the patient’s

level of sedation and only the dentist, pediatric dentist, or oral

maxillofacial surgeon may perform surgery.

All expanded duties shall be added to the dental assistant

permit upon approval by the Board.

E. The training requirements for all expanded duty permits

shall be set forth by the Board. A program that is not CODA-

certified must meet the standards set forth and be approved by the

Board.

F. An applicant for a dental assistant permit who has graduated

from a dental assisting program accredited by CODA and has passed

the jurisprudence examination shall receive all expanded duty

Oklahoma Statutes - Title 59. Professions and Occupations Page 231

permits provided for in subsection D of this section if the course

materials approved by the Board are covered in the program.

G. A dental assistant who holds an out-of-state dental

assistant permit with expanded duties may apply for credentialing

and reciprocity for a dental assistant permit including any expanded

duty by demonstrating the following:

1. The dental assistant has had a valid dental assistant permit

in another state for a minimum of two (2) years and is in good

standing;

2. The dental assistant has had a valid expanded duty in

another state for a minimum of one (1) year; and

3. The dental assistant provides a certificate or proof of

completion of an educational class for the expanded duty and that

the dental assistant has been providing this treatment to dental

patients while working as a dental assistant in a dental office for

one (1) year.

H. Any person having served in the military as a dental

assistant shall receive credentialing and reciprocity for expanded

functions by demonstrating the following:

1. Proof of military service in excess of two (2) years with

any certifications or training in the expanded function areas; and

2. Verification from the commanding officer of the medical

program or the appropriate supervisor stating that the dental

assistant provided the expanded functions on patients in the

military dental facility for a minimum of one (1) year within the

past five (5) years.
Okla. Stat. tit. 59, § 59-1503A — OK Code / Title 59 / Section 59-1503A
Eligibility for license - Felons - Verifying net assets
Status: in_force

requirement – Definitions.

A. To be eligible for a pawnshop license, an applicant shall:

1. Have net assets of at least Twenty-five Thousand Dollars

($25,000.00); and

2. Show that the pawnshop will be operated lawfully and fairly

within the purpose of the Oklahoma Pawnshop Act.

B. The Administrator shall find ineligible an applicant who has

a conviction for a felony crime that substantially relates to the

occupation of a pawnbroker or poses a reasonable threat to public

safety.

C. If the Administrator is unable to verify that the applicant

meets the net assets requirement for a pawnshop license, the

Administrator may require a finding, including the presentation of a

current balance sheet, by an accounting firm or individual holding a

permit to practice public accounting in this state, that the

accountant has reviewed the books and records of the applicant and

that the applicant meets the net assets requirement.

D. As used in this section:

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

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

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

responsibilities necessarily related to the occupation; and

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

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

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

to serve the public or work with others in the occupation.
Okla. Stat. tit. 59, § 59-4100.8 — OK Code / Title 59 / Section 59-4100.8
Personnel in other states – Expedited temporary,
Status: in_force

reciprocal or comity license or certification.

A. Every active duty military personnel and their spouse who is

licensed or certified in any occupation or profession in another

state, upon receiving notice or orders for military transfer or

honorable discharge to this state, may in advance of actual transfer

or discharge submit a completed application to the appropriate

licensing or credentialing agency in this state to request an

expedited temporary, reciprocal or comity license or certification

for their currently held valid license or certification from another

state or territory of the United States so such person may upon

entering this state be authorized to continue their licensed or

certified occupation or profession without delay.

B. Every administrative body, state agency director or official

with authority over any occupational or professional license or

certification, and each of the respective examining and licensing

boards, agencies and commissions in this state, shall, upon receipt

of an active duty military application submitted as authorized in

subsection A of this section, and presentation of satisfactory

evidence of equivalent education, training and experience on such

valid license or certification from another state, accept the valid

license or certification and apply all its education, training and

experience in the manner most favorable toward satisfying the

qualifications for issuance of the requested license or

certification in this state, and shall issue the requested Oklahoma

license or certification within thirty (30) days provided the

license or certification from the other state is found to be in good

standing and reasonably equivalent to the requirements of this

state.

C. The temporary, reciprocal or comity license or certification

issued pursuant to this section shall be valid for the same period

as authorized for full license or certification in this state,

unless the person is notified by the credentialing authority that

Oklahoma Statutes - Title 59. Professions and Occupations Page 1553

there is cause for a denial of the application or that certain

documentation required by this state is lacking or unavailable. In

such case, a temporary credential shall be issued to allow the

person time to obtain the necessary requirement while continuing to

be employed in his or her occupation or profession in this state.

Any active duty military applicant receiving a notice of denial of

full licensure or certification shall have the right to appeal the

denial determination as provided in the Administrative Procedures

Act or to obtain and submit the documentation required to complete

full license or certificate requirements in this state.

D. Each credentialing authority in this state shall waive the

application fee for active duty military personnel and their spouse

and shall further waived the license or certificate fees for the

first period of issuance for such temporary, reciprocal or comity

license or certificate.

E. Any active duty military personnel who pursuant to any

federal or military law, rule or regulation is not required to be

licensed or credentialed while employed and performing their

occupation or profession only on the premises of an assigned

military base shall not be required to be licensed or credentialed

in this state pursuant to the same law, rule or regulation.

F. Each agency shall promulgate rules to implement the

provisions of this section and establish application forms as

required.
Okla. Stat. tit. 59, § 59-1820.5 — OK Code / Title 59 / Section 59-1820.5
Applicability
Status: in_force

The Fire Extinguisher Licensing Act shall apply to all persons

servicing, installing, inspecting, certifying, charging, or testing

any portable fire extinguisher or fire suppression system.
Okla. Stat. tit. 59, § 59-1877 — OK Code / Title 59 / Section 59-1877
Alcohol and drug counselor license – Examination
Status: in_force

A. 1. On and after January 1, 2005, before any person is

eligible to receive a license to practice as a certified or licensed

alcohol and drug counselor in this state, such person shall

successfully pass an examination pursuant to the provisions of this

section.

2. Examinations shall be held at such times, at such place and

in such manner as the Oklahoma Board of Licensed Alcohol and Drug

Counselors directs. An examination shall be held at least annually.

The Board shall determine the acceptable grade on examinations. The

examination shall cover such technical, professional and practical

subjects as relate to the practice of alcohol and drug counseling.

3. If an applicant fails to pass the examination, the applicant

may reapply.

B. The Board shall preserve the answers to any examination, and

the applicant’s performance on each section of the examination, as

part of the records of the Board for a period of two (2) years

following the date of the examination.
Okla. Stat. tit. 59, § 59-495e — OK Code / Title 59 / Section 59-495e
Appeal from rejection of reregistration
Status: in_force

Any licensee whose reregistration application is rejected by the

Board, shall have the right to appeal from such action to the

district court of the county of residence. If the licensee does not

reside or practice in Oklahoma, appeal shall be to the Oklahoma

County District Court.