Okla. Stat. tit. 59, § 59-1577 — OK Code / Title 59 / Section 59-1577
State participation in the Compact
Status: in_force

A. A license issued to an audiologist or speech-language

pathologist by a home state to a resident in that state shall be

recognized by each member state as authorizing an audiologist or

speech-language pathologist to practice audiology or speech-language

pathology, under a privilege to practice, in each member state.

B. A state shall implement or utilize procedures for

considering the criminal history records of applicants for initial

privilege to practice. These procedures shall include the

submission of fingerprints or other biometric-based information by

applicants for the purpose of obtaining an applicant's criminal

history record information from the Federal Bureau of Investigation

and the agency responsible for retaining that state's criminal

records.

1. A member state shall fully implement a criminal background

check requirement, within a time frame established by rule, by

receiving the results of the Federal Bureau of Investigation record

search on criminal background checks and use the results in making

licensure decisions.

2. Communication between a member state, the Commission and

among member states regarding the verification of eligibility for

licensure through the Compact shall not include any information

Oklahoma Statutes - Title 59. Professions and Occupations Page 1158

received from the Federal Bureau of Investigation relating to a

federal criminal records check performed by a member state under

Public Law 92-544.

C. Upon application for a privilege to practice, the licensing

board in the issuing remote state shall ascertain, through the data

system, whether the applicant has ever held, or is the holder of, a

license issued by any other state, whether there are any

encumbrances on any license or privilege to practice held by the

applicant, whether any adverse action has been taken against any

license or privilege to practice held by the applicant.

D. Each member state shall require an applicant to obtain or

retain a license in the home state and meet the home state's

qualifications for licensure or renewal of licensure, as well as,

all other applicable state laws.

E. An audiologist applicant shall:

1. Meet one of the following educational requirements:

a. on or before, December 31, 2007, has graduated with a

master's degree or doctorate in audiology, or

equivalent degree regardless of degree name, from a

program that is accredited by an accrediting agency

recognized by the Council for Higher Education

Accreditation, or its successor, or by the United

States Department of Education and operated by a

college or university accredited by a regional or

national accrediting organization recognized by the

board,

b. on or after, January 1, 2008, has graduated with a

doctoral degree in audiology, or equivalent degree,

regardless of degree name, from a program that is

accredited by an accrediting agency recognized by the

Council for Higher Education Accreditation, or its

successor, or by the United States Department of

Education and operated by a college or university

accredited by a regional or national accrediting

organization recognized by the board, or

c. has graduated from an audiology program that is housed

in an institution of higher education outside of the

United States:

(1) for which the program and institution have been

approved by the authorized accrediting body in

the applicable country, and

(2) the degree program has been verified by an

independent credentials review agency to be

comparable to a state licensing board-approved

program;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1159

2. Have completed a supervised clinical practicum experience

from an accredited educational institution or its cooperating

programs as required by the board;

3. Have successfully passed a national examination approved by

the Commission;

4. Hold an active, unencumbered license;

5. Have not been convicted or found guilty, and has not entered

into an agreed disposition, of a felony related to the practice of

audiology, under applicable state or federal criminal law; and

6. Have a valid United States Social Security or National

Practitioner Identification number.

F. A speech-language pathologist applicant shall:

1. Meet one of the following educational requirements:

a. has graduated with a master's degree from a speech

language pathology program that is accredited by an

organization recognized by the United States

Department of Education and operated by a college or

university accredited by a regional or national

accrediting organization recognized by the board, or

b. has graduated from a speech-language pathology program

that is housed in an institution of higher education

outside of the United States:

(1) for which the program and institution have been

approved by the authorized accrediting body in

the applicable country, and

(2) the degree program has been verified by an

independent credentials review agency to be

comparable to a state-licensing-board-approved

program;

2. Have completed a supervised clinical practicum experience

from an educational institution or its cooperating programs as

required by the Commission;

3. Have completed a supervised postgraduate professional

experience as required by the Commission;

4. Have successfully passed a national examination approved by

the Commission;

5. Hold an active, unencumbered license;

6. Have not been convicted or found guilty, and has not entered

into an agreed disposition, of a felony related to the practice of

speech-language pathology, under applicable state or federal

criminal law; and

7. Have a valid United States Social Security or National

Practitioner Identification number.

G. The privilege to practice is derived from the home state

license.

H. An audiologist or speech-language pathologist practicing in

a member state shall comply with the state practice laws of the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1160

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

provided. The practice of audiology and speech-language pathology

shall include all audiology and speech-language pathology practice

as defined by the state practice laws of the member state in which

the client is located. The practice of audiology and speech

language pathology in a member state under a privilege to practice

shall subject an audiologist or speech-language pathologist to the

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

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

provided.

I. Individuals not residing in a member state shall continue to

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

provided under the laws of each member state. However, the single

state license granted to these individuals shall not be recognized

as granting the privilege to practice audiology or speech-language

pathology in any other member state. Nothing in this Compact shall

affect the requirements established by a member state for the

issuance of a single-state license.

J. Member states may charge a fee for granting a Compact

privilege.

K. Member states shall comply with the bylaws and rules and

regulations of the Commission.
Okla. Stat. tit. 59, § 59-1850.17 — OK Code / Title 59 / Section 59-1850.17
Petroleum refinery mechanical journeyman license –
Status: in_force

Examinations – Maximum apprentice-to-journeyman ratio.

A. The Construction Industries Board shall offer examinations

for a petroleum refinery mechanical journeyman license. The Board

shall promulgate rules to implement the provisions of this section.

B. The maximum apprentice-to-journeyman ratio for mechanical

work requiring a petroleum refinery journeyman license shall not be

Oklahoma Statutes - Title 59. Professions and Occupations Page 1316

greater than five apprentices to one petroleum refinery journeyman.

This provision is limited to petroleum refinery mechanical work and

shall not apply to other apprentice-to-journeyman ratios established

by the Construction Industries Board.
Okla. Stat. tit. 59, § 59-541.7 — OK Code / Title 59 / Section 59-541.7
Fees
Status: in_force

Fees received by the State Board of Medical Licensure and

Supervision and any other monies collected pursuant to the

Radiologist Assistant Licensure Act shall be deposited with the

State Treasurer who shall place the monies in the regular depository

fund of the Board. The deposit, less the ten-percent gross fees

paid into the General Revenue Fund pursuant to Section 211 of Title

62 of the Oklahoma Statutes, is hereby appropriated and shall be

used to pay expenses incurred pursuant to the Radiologist Assistant

Licensure Act.
Okla. Stat. tit. 59, § 59-1634.1 — OK Code / Title 59 / Section 59-1634.1
Weldments subject to certain codes
Status: in_force

Notwithstanding any other provision of law, weldments subject to

the provisions of Section 1624 et seq. of this title and performed

on and after the effective date of this act shall meet the standards

of the following codes: American Society of Mechanical Engineers

(ASME) Section IX and American Petroleum Institute (API) 1104, 1107

and American Welding Society D1.1 and D1.3.
Okla. Stat. tit. 59, § 59-1462 — OK Code / Title 59 / Section 59-1462
Reciprocity
Status: in_force

An applicant who is a polygraph examiner licensed under the laws

of another state or territory of the United States may be issued a

license without examination by the Board, in its discretion, upon

payment of a fee of One Hundred Dollars ($100.00) and the production

of satisfactory proof that:

1. He is at least twenty-one (21) years of age;

2. He is a citizen of the United States;

3. He is of good moral character;

4. The requirements for the licensing of polygraph examiner in

such particular state or territory of the United States were at the

date of the applicant's licensing therein substantially equivalent

to the requirements now in force in this state;

5. The applicant had lawfully engaged in the administration of

polygraph examinations under the laws of such state or territory for

at least two (2) years prior to his application for license

hereunder;

6. Such other state or territory grants similar reciprocity to

license holders of this state; and

7. He has complied with Section 1461 of this title.
Okla. Stat. tit. 59, § 59-2095.7 — OK Code / Title 59 / Section 59-2095.7
Findings required for issuance of a mortgage loan
Status: in_force

originator license – Definitions.

A. The Administrator of Consumer Credit shall not issue a

mortgage loan originator license unless the Administrator makes at a

minimum the following findings:

1. The applicant has never had a mortgage loan originator

license revoked in any governmental jurisdiction, except that a

subsequent formal vacation of such revocation shall not be deemed a

revocation;

2. The applicant has not been convicted of, or pled guilty or

nolo contendere to a felony crime that substantially relates to the

occupation of a mortgage loan originator and poses a reasonable

threat to public safety in a domestic, foreign or military court:

a. during the seven-year period preceding the date of the

application for licensing and registration, or

b. at any time preceding such date of application, if

such felony involved an act of fraud, dishonesty, a

breach of trust or money laundering.

Provided, that any pardon of a conviction shall not be a

conviction for purposes of this paragraph;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1450

3. The applicant has demonstrated financial responsibility and

general fitness such as to command the confidence of the community

and to warrant a determination that the mortgage loan originator

will operate honestly, fairly and efficiently within the purposes of

the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act.

For purposes of this paragraph, an individual has shown that he or

she is not financially responsible when he or she has shown a

disregard in the management of his or her own financial condition.

A determination that an individual has not shown financial

responsibility may include, but not be limited to:

a. current outstanding judgments, except judgments solely

as a result of medical expenses,

b. current outstanding tax liens or other government

liens and filings,

c. foreclosures within the past three (3) years, or

d. pattern of seriously delinquent accounts within the

past three (3) years;

4. The applicant has completed the prelicensing education

requirement described in Section 2095.8 of this title;

5. The applicant has passed a written test that meets the test

requirement described in Section 2095.9 of this title;

6. The applicant has paid into the Oklahoma Mortgage Broker and

Mortgage Loan Originator Recovery Fund as required by paragraph 10

of subsection K of Section 2095.6 of this title; and

7. The applicant is sponsored by a licensed mortgage broker or

mortgage lender. The Administrator of Consumer Credit may authorize

an entity exempt from the requirements of the Oklahoma Secure and

Fair Enforcement for Mortgage Licensing Act to sponsor an applicant

that is an independent contractor of the exempt entity. The

Administrator of Consumer Credit may promulgate administrative

rules, subject to approval of the Commission on Consumer Credit, to

implement sponsorship procedures and requirements.

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, § 59-858-814 — OK Code / Title 59 / Section 59-858-814
Prohibition of contracts or agreements with
Status: in_force

uncredentialed appraisers.

An AMC registered in this state pursuant to the Oklahoma

Appraisal Management Company Regulation Act shall not enter into any

contract or agreement with an appraiser for the performance of

appraisals unless it verifies that the individual is credentialed in

good standing to perform the appraisal pursuant to the Oklahoma

Certified Real Estate Appraisers Act.
Okla. Stat. tit. 59, § 59-1511 — OK Code / Title 59 / Section 59-1511
Limitation on agreements and practices
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 1138

A. Multiple Agreements. No pawnbroker shall separate or divide

a pawn transaction into two or more transactions for the purpose or

with the effect of obtaining a total pawn finance charge in excess

of that authorized for an amount equal to the total of the amounts

financed in the resulting transactions.

B. Customer's Personal Liabilities Prohibited. Even though a

pawn transaction subject to Section 1501 et seq. of this title

creates a debtor-creditor relationship, no pawnbroker shall make any

agreement requiring the personal liability of a customer in

connection with a pawn transaction, and no customer shall have an

obligation to redeem pledged goods or make any payment on a pawn

transaction. The only recourse of a pawnbroker where the customer

has pledged goods shall be to the pledged goods themselves, unless

the pledged goods are found to be stolen, embezzled, mortgaged or

otherwise pledged or encumbered. Upon the customer being officially

notified by a peace officer that the goods he pledged or sold to a

pawnbroker were stolen or embezzled, the customer shall be liable to

repay the pawnbroker the full amount the customer received from the

pawn or buy transaction. Any pledged goods not redeemed within

thirty (30) days following the last fixed maturity date may

thereafter, at the option of the pawnbroker, be forfeited and become

the property of the pawnbroker.

C. Prohibited Practices. A pawnbroker shall not:

1. Accept a pledge or purchase property from a person, male or

female, under the age of eighteen (18) years;

2. Accept any waiver, in writing or otherwise, of any right or

protection accorded a customer under this act;

3. Fail to exercise reasonable care to protect pledged goods

from loss or damage;

4. Fail to return pledged goods to a customer upon payment of

the full amount due the pawnbroker on the pawn transaction, unless a

hold order has been placed on the pledged goods by an authorized

peace officer or the pledged goods are in the custody of law

enforcement;

5. Make any charge for insurance in connection with a pawn

transaction, except as provided in subsection F of this section;

6. Enter any pawn transaction which has a maturity date more

than one (1) month after the date of the transaction; or

7. Accept collateral or buy merchandise from a person unable to

supply verification of identity by photo I.D. by either a state-

issued identification card, driver's license or federal government-

issued identification card or by readable fingerprint of right or

left index finger on the back of the pawn or buy transaction copy to

be retained for the pawnbroker's record.

D. Presumption. Except as otherwise provided by this act, any

person properly identifying himself as the original customer in the

pawn transaction or as the assignee thereof, and presenting a pawn

Oklahoma Statutes - Title 59. Professions and Occupations Page 1139

transaction agreement to the pawnbroker shall be presumed to be

entitled to redeem the pledged goods described therein.

E. Lost or Destroyed Transaction Agreement. If the pawn

transaction agreement is lost, destroyed or stolen, the customer may

so notify the pawnbroker in writing, and receipt of such notice

shall invalidate such pawn transaction agreement, if the pledged

goods have not previously been redeemed. Before delivering the

pledged goods or issuing a new pawn transaction agreement, the

pawnbroker may require the customer to make affidavit of the loss,

destruction or theft of the agreement.

F. Insurance. 1. A pawnbroker may offer insurance to a

customer at the time of the pawn transaction to provide coverage

during the pawn contract period for the declared value of the items

pawned. The purchase of insurance shall be at the option of the

customer.

2. A pawnbroker may not offer insurance coverage unless the

pawnbroker:

a. is licensed as a limited insurance representative for

the purpose of providing insurance coverage for pawned

merchandise, as required by Section 1424 of Title 36

of the Oklahoma Statutes,

b. has filed with the Administrator of the Department of

Consumer Credit a copy of the insurance policy which

shall have been issued by an insurer authorized by the

Insurance Commissioner to transact insurance in this

state, and

c. has posted a copy of the policy in a conspicuous place

which is readily available to the customer.
Okla. Stat. tit. 59, § 59-585 — OK Code / Title 59 / Section 59-585
Revocation or suspension of certificate - Grounds -
Status: in_force

defined - Practice under own name - Notice and hearing of revocation or suspension - ReissuanceUnprofessional and unethical conduct defined - Practice under own

name - Notice and hearing of revocation or suspension - Reissuance

of certificate - Out-of-state revocation or suspension.

A. The Board of Examiners in Optometry shall have the power to

revoke or suspend any certificate granted by it pursuant to the

provisions of this chapter, for fraud, conviction of crime,

unprofessional and unethical conduct, alcohol or narcotic

impairment, exorbitant charges, false representation of goods, gross

incompetency, contagious disease, any violation of any rule or

Oklahoma Statutes - Title 59. Professions and Occupations Page 610

regulation promulgated by the Board pursuant to the provisions of

this chapter or any violation of this chapter. The following acts

shall be deemed by the Board as unprofessional and unethical

conduct:

1. Employment by an Oklahoma-licensed optometrist of any person

to solicit from house to house the sale of lenses, frames,

spectacles, or optometric services or examinations;

2. Selling, advertising, or soliciting the sale of spectacles,

eyeglasses, lenses, frames, mountings, eye examinations, or

optometric services by house-to-house canvassing either in person or

through solicitors;

3. Acceptance of employment, either directly or indirectly, by

an Oklahoma-licensed optometrist from an unlicensed optometrist or

person engaged in any profession or business or owning or operating

any profession or business to assist it, him or her, or them in

practicing optometry in this state; provided that renting a separate

area or room within or adjacent to a retail store pursuant to

Section 944 of this title shall not be considered as direct or

indirect employment, but any signage and advertisement of the

optometric practice shall conform with Section 943.1 of this title;

4. Publishing or displaying, or knowingly causing or permitting

to be published or displayed by newspaper, radio, television, window

display, poster, sign, billboard, or any other advertising media any

statement or advertisement of any price or fee offered or charged by

an optometrist for any optometric services or materials including

lenses, frames, eyeglasses, or spectacles or parts thereof,

including statements or advertisements of discount, premium, or

gifts, if the statements or advertisements are fraudulent,

deceitful, misleading or in any manner whatsoever tend to create a

misleading impression or are likely to mislead or deceive because in

context the statements or advertisements make only a partial

disclosure of relevant facts;

5. Practicing optometry under any name other than the proper

name of the person, which shall be the same name as used in the

license issued by the Board to the person; provided that renting a

separate area or room and practicing optometry within or adjacent to

a retail store pursuant to Section 944 of this title shall not be

considered a violation of this section; and

6. Prescribing, dispensing or administering opioid drugs in

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

63 of the Oklahoma Statutes.

B. Before any certificate is revoked or suspended, the holder

thereof shall be provided with notice and hearing as provided for in

the Administrative Procedures Act, Sections 301 through 326 of Title

75 of the Oklahoma Statutes. The Board, after the expiration of the

period of three (3) months after the date of the revocation, may

entertain application for the reissuance of the revoked certificate

Oklahoma Statutes - Title 59. Professions and Occupations Page 611

and may reissue the certificate upon payment of a reinstatement fee

not to exceed three times the annual renewal fee. The Board shall

have the right to promulgate such rules and regulations as may be

necessary to put into effect the provisions of this chapter. The

rules may prescribe which acts are detrimental to the general public

health or welfare and may prescribe a minimum standard of

sanitation, hygiene, and professional surroundings, and which acts

constitute unprofessional or unethical conduct. The conduct shall

be grounds for revocation or suspension of the license or

certificate issued pursuant to the provisions of Section 584 of this

title.

C. If an out-of-state license or certificate of an optometrist

who also holds an Oklahoma license or certificate is suspended or

revoked for any reason, the optometrist's Oklahoma license may come

under review by the Board. Should the out-of-state suspension or

revocation be on grounds the same or similar to grounds for

suspension or revocation in Oklahoma, the Board, after notice and

hearing pursuant to the provisions of this section, may suspend or

revoke the certificate of the optometrist to practice in Oklahoma.

D. The following acts shall not be deemed by the Board as

unprofessional and unethical conduct:

1. An optometrist practicing optometry within or adjacent to a

retail store pursuant to Section 944 of this title, regardless of

whether the retail store derives income from the sale of

prescription optical goods and materials; and

2. An optometrist renting a separate area or room within a

retail store pursuant to Section 944 of this title to practice

optometry.
Okla. Stat. tit. 59, § 59-46.10v1 — OK Code / Title 59 / Section 59-46.10v1
Dues - Cancellation of license or registration for
Status: in_force

nonpayment.

A. Every licensed architect, landscape architect, registered

commercial interior designer, partnership, corporation, limited

liability company, or limited liability partnership shall pay to the

Board a renewal fee as prescribed by the rules of the Board prior to

or on June 30 of odd years. No license, registration, certificate

of authority, or certificate of title shall be issued or renewed for

longer than two (2) years. Upon receipt of the fee, the Board shall

issue a renewal, which shall authorize the person, partnership,

corporation, limited liability company, or limited liability

partnership to practice architecture, landscape architecture or use

the title registered commercial interior designer, as the case may

be, in this state.

B. The license of an architect or landscape architect or the

registration of a registered commercial interior designer which has

been canceled by the Board for nonpayment of dues may be renewed at

any time within three (3) years from the date of the cancellation,

upon payment to the Board of the fees and any penalties prescribed

by the Board. If a license or registration, initially granted by

Oklahoma Statutes - Title 59. Professions and Occupations Page 110

the State of Oklahoma that was the sole license of a professional,

remains canceled for a period exceeding three (3) consecutive years,

it may be reinstated subject to Board review. Upon review, the

Board may prescribe a test or an examination in order to determine

continued competency of the licensee or registrant. An individual

who is licensed in another jurisdiction and whose Oklahoma license

has been canceled for a period exceeding three (3) consecutive years

may reapply as prescribed in the rules of the Board. A partnership,

corporation, limited liability company or limited liability

partnership may reinstate a certificate of authority or a

certificate of title canceled for a period exceeding three (3) years

in the manner provided by the rules of the Board.
Okla. Stat. tit. 59, § 59-1358 — OK Code / Title 59 / Section 59-1358
Meetings - Officers - Employees - Office space - Seal
Status: in_force

The Board shall hold a regular meeting at which it shall

annually select from its membership a chair and a vice-chair. Other

regular meetings shall be held at such times as the rules of the

Board may provide. Special meetings may be held at such times as

may be deemed necessary by the Board or a majority of its members.

Reasonable notice of all meetings shall be given in the manner

prescribed by the rules of the Board. Four members of the Board

shall constitute a quorum. The secretary of the Board shall be

appointed by the Board and shall hold office at the pleasure of the

Board. The secretary may be a member of the Board. The Board may

employ such other persons and may rent or purchase such office space

and office equipment as it deems necessary to implement the

provisions of the Psychologists Licensing Act. The Board shall

adopt an official seal.
Okla. Stat. tit. 59, § 59-1104 — OK Code / Title 59 / Section 59-1104
Powers and duties of Board
Status: in_force

The Environmental Quality Board shall have the power and duty to

promulgate such rules, including requirements, restrictions and

conditions relating to the hiring or contracting of licensed public

water supply or wastewater operators pursuant to the provisions of

Section 2 of this act and the establishment of a fee schedule

pursuant to Section 2-3-402 of Title 27A of the Oklahoma Statutes,

as it may deem necessary to the carrying out of the provisions and

purposes of the Waterworks and Wastewater Works Operator

Certification Act.
Okla. Stat. tit. 59, § 59-354 — OK Code / Title 59 / Section 59-354
Prescription as property right of patient - Duty to
Status: in_force

provide reference copies and transfer prescriptions.

A. A prescription is the property of the patient for whom

it is prescribed.

B. No pharmacist shall refuse, upon request by that customer in

person or through an authorized pharmacist, to transfer a

prescription to another pharmacy, or to supply a reference copy in

writing or by telephone.

C. No licensed prescriber shall refuse to honor the request of

his or her patient to have his or her prescription transmitted to

the licensed pharmacist or licensed pharmacy of the patient's

choice.A. Except as provided for in Section 353.1 et seq. of this title, only a licensed practitioner may

dispense dangerous drugs to such practitioner's patients, and only for the expressed purpose of

serving the best interests and promoting the welfare of such patients. The dangerous drugs shall

be dispensed in an appropriate container to which a label has been affixed. Such label shall

Oklahoma Statutes - Title 59. Professions and Occupations Page 8

include the name and office address of the licensed practitioner, date dispensed, name of patient,

directions for administration, prescription number, the trade or generic name and the quantity and

strength, not meaning ingredients, of the drug therein contained; provided, this requirement shall

not apply to compounded medicines. The licensed practitioner shall keep a suitable book, file or

record in which shall be preserved for a period of not less than five (5) years a record of every

A. A licensed prescriber violating any of the provisions of the Oklahoma Pharmacy Act shall be

subject to appropriate actions established in the rules and regulations of his or her licensing board. .. 326
Okla. Stat. tit. 59, § 59-1151.13 — OK Code / Title 59 / Section 59-1151.13
Indexed record of roofing contractors
Status: in_force

The registrar shall maintain in the registrar's office in

Oklahoma City, Oklahoma, open to public inspection during normal

office hours, a complete indexed record of all roofing contractor

registrations and information maintained on individual roofing

contractors. The registrar may dispose of an inactive roofing

contractor file after three (3) years. Before disposal and upon

written request by any person, the registrar shall furnish a

certified copy of any information maintained on an individual

roofing contractor upon receipt of the sum of Ten Dollars ($10.00)

for each annual record. Each certified copy of a roofing

contractor’s record from the registrar shall be received in all

courts in this state as prima facie evidence of the facts stated

therein. The registrar may condense or provide an abstract of a

roofing contractor’s record for public inspection at any time for

purposes of data management; provided, a complete record is

available for public inspection upon written request.
Okla. Stat. tit. 59, § 59-495b — OK Code / Title 59 / Section 59-495b
Practice without renewal license prohibited - Punishment
Status: in_force

- Revocation or suspension of license.

Any person practicing medicine and surgery in Oklahoma as

defined by law without having the legal possession of a current

renewal license shall be guilty of a misdemeanor and upon conviction

be punished by a fine of not less than One Thousand Dollars

($1,000.00), and such practice shall constitute grounds for the

revocation or suspension of his or her license to practice medicine

and surgery in this state.
Okla. Stat. tit. 59, § 59-367.2 — OK Code / Title 59 / Section 59-367.2
Definitions
Status: in_force

As used in the Utilization of Unused Prescription Medications

Act:

1. “Assisted living center” has the same meaning as such term

is defined in Section 1-890.2 of Title 63 of the Oklahoma Statutes;

2. “Cancer drugs” means any of several drugs that control or

kill neoplastic cells, commonly referred to as “cancer-fighting

drugs”; and includes, but is not limited to, drugs used in

chemotherapy to destroy cancer cells;

Oklahoma Statutes - Title 59. Professions and Occupations Page 351

3. “Health care professional” means any of the following

persons licensed and authorized to prescribe and dispense drugs or

to provide medical, dental, or other health-related diagnoses, care

or treatment within the scope of their professional license:

a. a physician holding a current license to practice

medicine pursuant to Chapter 11 or Chapter 14 of Title

59 of the Oklahoma Statutes,

b. an advanced practice nurse licensed pursuant to

Chapter 12 of Title 59 of the Oklahoma Statutes,

c. a physician assistant licensed pursuant to Chapter 11

of Title 59 of the Oklahoma Statutes,

d. a dentist licensed pursuant to Chapter 7 of Title 59

of the Oklahoma Statutes,

e. an optometrist licensed pursuant to Chapter 13 of

Title 59 of the Oklahoma Statutes, and

f. a pharmacist licensed pursuant to Chapter 8 of Title

59 of the Oklahoma Statutes;

4. “Medically indigent” means a person eligible to receive

Medicaid or Medicare or a person who has no health insurance and who

otherwise lacks reasonable means to purchase prescribed medications;

5. “Charitable clinic” means a charitable nonprofit corporation

or a facility organized as a not-for-profit pursuant to the

provisions of the Oklahoma General Corporation Act that:

a. holds a valid exemption from federal income taxation

issued pursuant to Section 501(a) of the Internal

Revenue Code (26 U.S.C., Section 501(a)),

b. is listed as an exempt organization under 501(c) of

the Internal Revenue Code (26 U.S.C., Section 501(c)),

c. provides on an outpatient basis for a period of less

than twenty-four (24) consecutive hours to persons not

residing or confined at such facility advice,

counseling, diagnosis, treatment, surgery, care or

services relating to the preservation or maintenance

of health, and

d. has a licensed outpatient pharmacy; and

6. “Prescription drug” means a drug which may be dispensed only

upon prescription by a health care professional authorized by his or

her licensing authority and which is approved for safety and

effectiveness as a prescription drug under Section 505 or 507 of the

Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938), 21

U.S.C.A., Section 301).
Okla. Stat. tit. 59, § 59-858-817 — OK Code / Title 59 / Section 59-858-817
Annual certification of each service request
Status: in_force

A. Each AMC seeking to be registered or to renew an existing

registration in this state shall certify to the Oklahoma Real Estate

Appraiser Board on a form prescribed by the Board on an annual basis

that it maintains a detailed record of each service request that it

receives for appraisal of real property located in Oklahoma.

B. An AMC registered under the provisions of the Oklahoma

Appraisal Management Company Regulation Act shall retain for five

(5) years all records required to be maintained under the Oklahoma

Appraisal Management Company Regulation Act as described in the

rules promulgated by the Board in accordance with the Oklahoma

Appraisal Management Company Regulation Act. This five-year period

shall commence on the date of the final action by the AMC for each

individual transaction or, if the AMC is notified that the

transaction is involved in litigation, the five-year period shall

commence on the date that the litigation is finally disposed.

C. All records required to be maintained by the registered AMC

pursuant to the provisions of the Oklahoma Appraisal Management

Company Regulation Act and the rules promulgated thereunder shall be

made available by the registration holder for inspection and copying

by the Board or its designee on reasonable notice to the AMC.
Okla. Stat. tit. 59, § 59-1000.31 — OK Code / Title 59 / Section 59-1000.31
Guidelines for family child care and large child care
Status: in_force

homes.

The Department of Human Services shall work with the Oklahoma

State Fire Marshal to develop guidelines that allow family child

care homes and large child care homes, as defined in Section 402 of

Title 10 of the Oklahoma Statutes, to operate under the requirements

of the 2018 International Residential Code as adopted by the

Oklahoma Uniform Building Code Commission (OUBCC). Family child

care homes and large child care homes shall not be denied a license

to operate should they comply with the requirements of the

guidelines as established by the Department and the Oklahoma State

Fire Marshal. No agency, municipality, county, or other political

subdivision of this state shall place stricter fire and life safety

requirements than those outlined in the 2018 International

Residential Code as adopted by the OUBCC on family child care homes

and large child care homes.
Okla. Stat. tit. 59, § 59-1368 — OK Code / Title 59 / Section 59-1368
Licenses - Contents - Renewals - Inactive status
Status: in_force

A. The State Board of Examiners of Psychologists shall issue a

license to each person that it registers as a psychologist. The

license shall show the full name of the psychologist and shall bear

a serial number. The license shall be signed by the chairman and

secretary of the Board under the seal of the Board.

B. Licenses expire on the thirty-first day of December

following their issuance or renewal and are invalid thereafter

unless renewed.

C. The Board shall notify every person licensed under this act

of the date of expiration and the amount of the renewal fee. Notice

shall be provided at least one (1) month before the expiration of

the license. Renewal may be made at any time during the months of

November or December upon application therefor by payment of the

renewal fee. Failure on the part of any person licensed to pay his

or her renewal fee before the first day of January does not deprive

such person of the right to renew his or her license, but the fee to

be paid for renewal after December shall be increased ten percent

(10%) for each month or fraction thereof that the payment of the

renewal fee is delayed. However, the maximum fee for delayed

renewal shall not exceed twice the normal renewal fee. A

psychologist who wishes to place his or her license on inactive

status may do so upon application by payment of a fee as fixed by

the Board; such a psychologist shall not accrue any penalty for late

payment of the renewal fee.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1080

D. The Oklahoma Tax Commission shall notify any psychologist

who is not in compliance with the income tax laws of this state.

Such notification shall include:

1. A statement that the Tax Commission shall proceed by

garnishment to collect any delinquent tax and to collect any penalty

or interest due and owing as a result of a tax delinquency until the

psychologist is deemed by the Commission to be in compliance with

the income tax laws of this state;

2. The reasons that the psychologist is considered to be out of

compliance with the income tax laws of this state, including a

statement of the amount of any tax, penalties and interest due or a

list of the tax years for which income tax returns have not been

filed as required by law;

3. An explanation of the rights of the psychologist and the

procedures which must be followed by the psychologist in order to

come into compliance with the income tax laws of this state; and

4. Such other information as may be deemed necessary by the Tax

Commission.
Okla. Stat. tit. 59, § 59-858-301.2 — OK Code / Title 59 / Section 59-858-301.2
Notification of Commission of conviction or plea of
Status: in_force

guilty or nolo contendere to felony offense.

Every licensed person pursuant to the provisions of the Oklahoma

Real Estate License Code shall notify the Commission in writing of

the conviction or plea of guilty or nolo contendere to any felony

offense within thirty (30) days after the plea is taken and also

within thirty (30) days of the entering of an order of judgment and

sentencing.
Okla. Stat. tit. 59, § 59-545.12 — OK Code / Title 59 / Section 59-545.12
Construction — Severability — Material departure
Status: in_force

A. The Compact and the Commission's rulemaking authority shall

be liberally construed so as to effectuate the purposes and the

implementation and administration of the Compact. Provisions of the

Compact expressly authorizing or requiring the promulgation of rules

shall not be construed to limit the Commission's rulemaking

authority solely for those purposes.

B. The provisions of the Compact shall be severable, and if any

phrase, clause, sentence, or provision of the Compact is held by a

court of competent jurisdiction to be contrary to the constitution

of any participating state, a state seeking participation in the

Compact, or of the United States, or the applicability thereof to

any government, agency, person, or circumstance is held to be

unconstitutional by a court of competent jurisdiction, the validity

of the remainder of the Compact and the applicability thereof to any

other government, agency, person, or circumstance shall not be

affected thereby.

C. Notwithstanding subsection B of this section, the Commission

may deny a state's participation in the Compact or, in accordance

with the requirements of subsection B of Section 10 of this Compact,

terminate a participating state's participation in the Compact, if

it determines that a constitutional requirement of a participating

state is, or would be with respect to a state seeking to participate

in the Compact, a material departure from the Compact. Otherwise,

if the Compact shall be held to be contrary to the constitution of

Oklahoma Statutes - Title 59. Professions and Occupations Page 551

any participating state, the Compact shall remain in full force and

effect as to the remaining participating states and in full force

and effect as to the participating state affected as to all

severable matters.
Okla. Stat. tit. 59, § 59-1042 — OK Code / Title 59 / Section 59-1042
Oklahoma Inspectors Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Construction Industries Board, to be designated the

"Oklahoma Inspectors Revolving Fund". The fund shall be a

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

consist of all monies received by the Board from fees and fines

collected pursuant to the Oklahoma Inspectors Act. All monies

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

be budgeted and expended by the Construction Industries Board for

the purpose of implementing the provisions of the Oklahoma

Inspectors Act for the continuing education of building and

construction inspectors, and for implementing programs designed to

further the efficiency of the building and construction inspector

profession and public understanding of the profession. Expenditures

from said fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 59, § 59-1430 — OK Code / Title 59 / Section 59-1430
Renumbered as § 11-99 of Title 2 by Laws 2014, c. 18, §
Status: in_force

12, eff. Nov. 1, 2014.
Okla. Stat. tit. 59, § 59-475.3 — OK Code / Title 59 / Section 59-475.3
State Board of Licensure for Professional Engineers and
Status: in_force

Surveyors.

A. The State Board of Licensure for Professional Engineers and

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

accordance with the provisions of the Oklahoma Sunset Law, whose

duty it shall be to administer the provisions of this act. The

Board shall consist of four professional engineers and two

professional surveyors, at least one of whom is not a professional

engineer, all of whom shall be appointed by the Governor, with the

advice and consent of the Oklahoma State Senate. The Governor shall

also appoint one lay member. The professional engineers and

professional surveyors shall have the qualifications required by

this act.

B. Each member of the Board shall file with the Secretary of

State a written oath or affirmation for the faithful discharge of

official duties.

C. Appointments to the Board shall be in such manner and for

such period of time so that no two terms, with the exception of the

lay member, shall expire in the same year. On the expiration of the

term of any member, except the lay member, the Governor shall in the

manner herein provided appoint for a term of six (6) years a

professional engineer or professional surveyor having the

qualifications required in this act. The lay member of the Board

shall be appointed by the Governor to a term coterminous with that

of the Governor. The lay member shall serve at the pleasure of the

Governor. Provided, the lay member may continue to serve after the

expiration of the member's term until such time as a successor is

appointed. Members may be reappointed to succeed themselves. Each

Oklahoma Statutes - Title 59. Professions and Occupations Page 403

member may hold office until the expiration of the term for which

appointed or until a successor has been duly appointed and has

qualified. In the event of a vacancy on the Board due to

resignation, death or for any cause resulting in an unexpired term,

if not filled within three (3) months, the Board may appoint a

provisional member to serve in the interim until the Governor acts.
Okla. Stat. tit. 59, § 59-15.18 — OK Code / Title 59 / Section 59-15.18
Renumbered as § 15.10A of this title by Laws 1992, c
Status: in_force

272, § 34, eff. Sept. 1, 1992.
Okla. Stat. tit. 59, § 59-567.4 — OK Code / Title 59 / Section 59-567.4
Oklahoma Board of Nursing
Status: in_force

A. The Oklahoma Board of Nursing is hereby established in the

State of Oklahoma. The Board shall consist of eleven (11) members

who shall be citizens of the United States of America, and residents

of Oklahoma, for at least the previous three (3) years. Six of the

members shall be Registered Nurses, in good standing under the

provisions of the Oklahoma Nursing Practice Act, currently engaged

in the practice of nursing as a Registered Nurse and shall have had

no less than five (5) years of experience as a Registered Nurse. At

least two of the Registered Nurses shall be from the field of

nursing education, actively associated with a recognized school of

nursing in Oklahoma, and who hold an organizational role of

administration/management and who are accountable for strategic,

operational and/or performance outcomes. At least two of the

Registered Nurses who hold an organizational role of

administration/management and who are accountable for strategic,

operational and/or performance outcomes shall represent nursing

service. At least one of the Registered Nurses shall be currently

engaged in the practice of nursing as an Advanced Practice

Registered Nurse. Three of the members shall be Licensed Practical

Nurses in good standing under the provisions of the Oklahoma Nursing

Practice Act and currently engaged in the practice of practical

nursing as a Licensed Practical Nurse and shall have had no less

than five (5) years of experience as a Licensed Practical Nurse.

One of the licensed nurses must be employed in the field of long-

Oklahoma Statutes - Title 59. Professions and Occupations Page 560

term care. One of the licensed nurses shall be employed in the area

of acute care. Two members shall represent the public and shall be

eligible voters of this state, knowledgeable in consumer health

concerns, and shall neither be nor ever have been associated with

the provision of health care, nor be enrolled in any health-related

educational program. The public members shall be appointed by the

Governor to serve coterminously with the Governor. At least one

Registered Nurse Board member, one Licensed Practical Nurse Board

member and one public Board member shall be appointed from a county

with a population of less than forty thousand (40,000).

B. For the purpose of nominating, appointing or reappointing

members to the Board, this state shall be divided into eight

geographical districts, consisting of counties within the districts

as follows:

District No. 1 Cimarron, Texas, Beaver, Harper, Woods, Alfalfa,

Grant, Kay, Ellis, Woodward, Major, Garfield,

Noble, Dewey, Blaine, Kingfisher and Logan;

District No. 2 Roger Mills, Custer, Beckham, Washita, Caddo,

Greer, Kiowa, Harmon, Jackson, Comanche, Tillman

and Cotton;

District No. 3 Canadian, Grady, McClain, Garvin, Stephens,

Murray, Jefferson, Carter and Love;

District No. 4 Oklahoma;

District No. 5 Lincoln, Okfuskee, Cleveland, Pottawatomie,

Seminole, Hughes, Pontotoc, Coal, Johnston,

Marshall and Bryan;

District No. 6 Creek and Tulsa;

District No. 7 Osage, Washington, Nowata, Craig, Ottawa,

Pawnee, Payne, Rogers, Mayes and Delaware; and

District No. 8 Wagoner, Cherokee, Adair, Okmulgee, Muskogee,

Sequoyah, McIntosh, Haskell, Leflore, Pittsburg,

Latimer, Atoka, Pushmataha, McCurtain and

Choctaw.

Not more than one Registered Nurse and one Licensed Practical

Nurse and one public member shall be appointed from any one

geographical district.

C. The Governor shall appoint the Registered Nurse Board

members from a list of names submitted by the Oklahoma Nurses

Association and Oklahoma chapters of nationally recognized

Registered Nurse organizations. The Governor shall appoint the

Licensed Practical Nurse Board members from a list of names

submitted by the Oklahoma chapters of nationally recognized nursing

organizations. Individuals who are members of the Oklahoma Board of

Nursing prior to September 1, 1991, shall be allowed to fulfill

their terms and be eligible for reappointment.

D. The Registered Nurse and Licensed Practical Nurse members

shall be appointed for terms of five (5) years. Upon the death,

Oklahoma Statutes - Title 59. Professions and Occupations Page 561

resignation, or removal of any member, a list from the

aforementioned organizations shall be submitted to the Governor who

shall appoint a member to fill the vacancy.

1. In addition to the grounds for removal by the Governor of

members appointed to the Board provided in Section 2 of Title 74 of

the Oklahoma Statutes, it is a ground for removal if a member:

a. does not have at the time of appointment the

qualifications required by subsection A of this

section,

b. is not employed in nursing for a period of twelve (12)

consecutive months during the term for which the

member was appointed,

c. is absent from more than half of the regularly

scheduled Board meetings that the member is eligible

to attend during a calendar year, unless the absence

is excused by a majority vote of the Board, or

d. cannot discharge the duties as a Board member for a

substantial portion of the term for which the member

is appointed because of illness or disability.

2. The validity of an action of the Board is not affected by

the fact that it is taken when a ground for removal of a Board

member exists.

3. If the president of the Board has knowledge that a potential

ground for removal exists, the president shall then notify the

Governor that a potential ground for removal exists.

E. A quorum shall be a majority of the Board which must include

at least three Registered Nurses and one Licensed Practical Nurse.

F. The members of the Board shall annually elect from their

number a president, vice-president and a secretary who shall also be

the treasurer, and other such officers as necessary to conduct the

business of the Board. It shall hold six regular business meetings

during each calendar year. Special meetings may be called by the

president or secretary with five (5) days' notice to each member of

the Board. The Board shall have a seal; it shall make and adopt all

necessary rules not inconsistent with the laws of this state, the

United States, or with the Oklahoma Nursing Practice Act; and it

shall perform the duties and transact the business required under

the provisions of the act. The Board shall cause to be kept a

record of all meetings of the Board and give notice of all meetings

in accordance with the Administrative Procedures Act and the Open

Meeting Act. A list of all persons duly licensed and qualified

under this act shall be maintained by the Board. Each member of the

Board shall receive, in addition to actual and necessary travel

expenses as provided in the State Travel Reimbursement Act,

compensation of One Hundred Dollars ($100.00) for each regular

scheduled monthly meeting attended, not to exceed more than six

meetings per year. All monies received by the Board shall be held

Oklahoma Statutes - Title 59. Professions and Occupations Page 562

by the treasurer of the Board for meeting the expenses of the Board

and for the promotion of nursing education, to employ an attorney to

assist the Board and other state and county officials in carrying

out the provisions of the Oklahoma Nursing Practice Act, and such

other purposes which the Board may determine, and shall be disbursed

as directed by the Board. The Board is authorized to adopt and

revise rules, not inconsistent with the provisions of the Oklahoma

Nursing Practice Act, as may be necessary to enable it to carry into

effect the provisions of the act, including rules establishing fees,

charges and reimbursement costs. The Board shall appoint and employ

a qualified person, who shall be a Registered Nurse to serve as

Executive Director, and shall fix the compensation, notwithstanding

any other provision of law including Section 3601.2 of Title 74 of

the Oklahoma Statutes, in an amount not in excess of the maximum

salary proposed for the Oklahoma Board of Nursing and set forth in

the most recent Compensation Report prepared by or for the Office of

Management and Enterprise Services, require a satisfactory bond, and

define the duties of the Executive Director to include:

1. The authority and responsibility for the operations and

administration of the agency and such additional powers and duties

as prescribed by the Board. As chief executive of the Board, the

Executive Director shall manage all aspects of the agency, including

personnel, financial and other resources, in support of the Oklahoma

Nursing Practice Act, its rules and policies, and the Board's

mission and strategic plan;

2. The authority to accept orders as set forth in paragraph 3

of this subsection on behalf of the Board and where ratification by

the Board is not required. The Executive Director shall report

summaries of dispositions to the Board at its regular meetings;

3. a. Orders issued under Section 2 of this act,

b. Agreed disciplinary orders requiring an applicant or

licensee to enter and comply with the Peer Assistance

Program,

c. Agreed disciplinary orders for the reinstatement or

endorsement of a license/certificate/recognition when

the applicant has practiced without an active Oklahoma

license/certificate/recognition, and

d. Agreed disciplinary orders for the voluntary surrender

of a license/certification/recognition.
Okla. Stat. tit. 59, § 59-15.36 — OK Code / Title 59 / Section 59-15.36
Persons who may perform assurance services and audits or
Status: in_force

issue reports.

Any CPA or PA holding a valid permit, or an individual granted

practice privileges under Section 15.12A of this title, may perform

assurance services, including audit services, and issue a report

required by any statute, charter, ordinance, trust or other legal

instrument.
Okla. Stat. tit. 59, § 59-4200.6 — OK Code / Title 59 / Section 59-4200.6
License posting required - License not assignable or
Status: in_force

transferable

A. A massage therapy license issued by the State Board of

Cosmetology and Barbering shall at all times be posted in a

conspicuous place in the principal place of business of the holder.

B. A license issued pursuant to the Massage Therapy Practice

Act is not assignable or transferable.
Okla. Stat. tit. 59, § 59-1575 — OK Code / Title 59 / Section 59-1575
Purpose of Compact
Status: in_force

The purpose of this Compact is to facilitate interstate practice

of audiology and speech-language pathology with the goal of

improving public access to audiology and speech-language pathology

services. The practice of audiology and speech-language pathology

occurs in the state where the patient, client or student is located

Oklahoma Statutes - Title 59. Professions and Occupations Page 1155

at the time of the patient, client or student encounter. The

Compact preserves the regulatory authority of states to protect

public health and safety through the current system of state

licensure. This Compact is designed to achieve the following

objectives:

1. Increase public access to audiology and speech-language

pathology services by providing for the mutual recognition of other

member state licenses;

2. Enhance the states' ability to protect the public's health

and safety;

3. Encourage the cooperation of member states in regulating

multistate audiology and speech-language pathology practice;

4. Support spouses of relocating active duty military

personnel;

5. Enhance the exchange of licensure, investigative and

disciplinary information between member states;

6. Allow a remote state to hold a provider of services with a

Compact privilege in that state accountable to that state's practice

standards; and

7. Allow for the use of telehealth technology to facilitate

increased access to audiology and speech-language pathology

services.
Okla. Stat. tit. 59, § 59-396.1B — OK Code / Title 59 / Section 59-396.1B
Expenses of Board members - Executive director - Other
Status: in_force

personnel.

All of the members of the Oklahoma Funeral Board shall be

reimbursed for travel expenses incident to attendance upon the

business of the Board as provided in the State Travel Reimbursement

Act. The Board is hereby authorized to employ an executive director

at an annual salary to be set by the Board, payable monthly, and to

rent and equip an office therefor in some city in the state to be

selected by the Board. The Board shall not employ any of its

members for a period of three (3) years following their expiration

of term of office. The executive director shall keep such books,

records, and perform such other lawful duties as are required by or

placed upon the executive director by the Board, and shall be

entitled to receive traveling expenses while in the performance of

the duties as directed and prescribed by the Board. The executive

director shall not accept any employment from any funeral home or

wholesale house dealing in funeral supplies or equipment while

acting as the executive director. The Board shall have the right

and authority to employ necessary personnel to carry out the

provisions of the Funeral Services Licensing Act. The expenses of

the Board shall at no time exceed the monies available to the Fund

of the Oklahoma Funeral Board.
Okla. Stat. tit. 59, § 59-637.2 — OK Code / Title 59 / Section 59-637.2
Reconsideration of revocation or suspension of licensure
Status: in_force

— Application to reinstate.

A. At any time after the State Board of Osteopathic Examiners

has revoked or suspended the license of any person to practice

osteopathic medicine or surgery, the Board, upon its own motion and

of its own authority and right, may reconsider such order and

decision for any reason deemed by it to be sufficient and may, in

its discretion, reinstate the license of such person.

B. At any time after the expiration of twelve (12) months from

the date the license of any person to practice osteopathic medicine

or surgery has been revoked with the right to reapply, or at any

time after the expiration of six (6) months from the date the

license of any person to practice osteopathic medicine or surgery

has been suspended by the Board, such person whose license has been

so revoked or suspended may file an application with the executive

director of the Board, together with an application fee set by the

Board, to reinstate the license. The Board may further prescribe

through rule a process in which an application to reinstate such

license may be pursued.
Okla. Stat. tit. 59, § 59-638 — OK Code / Title 59 / Section 59-638
Acts punishable by fine or imprisonment – Separate
Status: in_force

criminal offense - False oath or affirmation as perjury.

A. Each of the following acts shall constitute a Class D1

felony offense, punishable, upon conviction, by a fine of not less

than One Thousand Dollars ($1,000.00) nor more than Ten Thousand

Dollars ($10,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment:

1. The practice of osteopathic medicine or attempt to practice

osteopathic medicine without a license issued by the State Board of

Osteopathic Examiners;

2. Obtaining, or attempting to obtain, a license under the

Oklahoma Osteopathic Medicine Act by fraud or false statements;

3. Obtaining, or attempting to obtain, money or any other thing

of value, by fraudulent representation or false pretense;

4. Advertising as an osteopathic physician and surgeon, or

practicing or attempting to practice osteopathic medicine under a

false, assumed, or fictitious name, or a name other than the real

name; or

5. Allowing any person in the licensee’s employment or control

to practice as an osteopathic physician and surgeon when not

actually licensed to do so.

B. Each day a person is in violation of any provision of

subsection A of this section shall constitute a separate criminal

offense and, in addition, the district attorney may file a separate

charge of medical battery for each person who is injured as a result

of treatment or surgery performed in violation of subsection A of

this section.

C. Any person making any willfully false oath or affirmation

whenever oath or affirmation is required by the Oklahoma Osteopathic

Medicine Act shall be deemed guilty of the felony of perjury, a

Class D1 felony offense, and, upon conviction, shall be punished by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 59, § 59-353.1av2 — OK Code / Title 59 / Section 59-353.1av2
Advanced practice nurses - Prescribing authority
Status: in_force

A. 1. Prescriptive authority shall be allowed, under a current

supervision agreement with a supervising physician, for a licensed

Advanced Practice Registered Nurse recognized by the Oklahoma Board

of Nursing as a Certified Nurse Practitioner, Clinical Nurse

Oklahoma Statutes - Title 59. Professions and Occupations Page 311

Specialist, or Certified Nurse-Midwife who has not obtained

independent prescriptive authority under Section 1 of this act.

2. Prescriptive authority shall be allowed, independent of a

current supervision agreement with a supervising physician, for a

licensed 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

obtained independent prescriptive authority under Section 1 of this

act.

B. The Advanced Practice Registered 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, if applicable, and the prescribing

Advanced Practice Registered Nurse shall be identified at the time

of origination of the prescription and the name of the prescribing

Advanced Practice Registered Nurse shall be printed on the

prescription label.

C. Pharmacists may dispense prescriptions for non-controlled

prescription drugs authorized by an Advanced Practice Registered

Nurse or physician assistant, not located in this state, provided

that they are licensed in the state in which they are actively

prescribing.

D. 1. Pharmacists may only dispense prescriptions for

controlled dangerous substances prescribed by an Advanced Practice

Registered Nurse licensed in this state who meets the criteria in

paragraph 1 or 2 of subsection A of this section.

2. Pharmacists may only dispense prescriptions for controlled

dangerous substances prescribed by a physician assistant licensed in

this state pursuant to a practice agreement.
Okla. Stat. tit. 59, § 59-15.30 — OK Code / Title 59 / Section 59-15.30
Peer reviews
Status: in_force

A. As a condition for issuance or renewal of permits, the Board

may require applicants who perform attest services, except

compilations and those services described in subparagraph d of

paragraph 5 of Section 15.1A of this title, to undergo peer reviews

conducted not less than once every three (3) years.

B. Peer reviews shall be conducted in such manner and in

accordance with such standards as the Board may specify by rule.

C. The rules may provide for a registrant to comply by

providing documented proof of a satisfactory peer review conducted

for some other purpose which meets the purposes and standards of the

Board peer review program within three (3) years preceding the date

the Oklahoma peer review is to be conducted.

D. Failure of any registrant to provide full cooperation with

the Board or any individual acting at the direction of the Board in

performing a peer review shall after notice and a hearing be subject

to the penalties provided in the Oklahoma Accountancy Act.

E. The Board by rule may establish a fee in an amount not to

exceed One Hundred Dollars ($100.00) for each peer review required

by the Board under this section.
Okla. Stat. tit. 59, § 59-2095.17 — OK Code / Title 59 / Section 59-2095.17
Penalties authorized - Cease and desist orders -
Status: in_force

Administrative hearings.

A. In order to ensure the effective supervision and enforcement

of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing

Oklahoma Statutes - Title 59. Professions and Occupations Page 1461

Act, the Administrator of Consumer Credit may, after notice and

hearing pursuant to Article II of the Administrative Procedures Act,

impose any or any combination of the following penalties:

1. Deny, suspend, revoke, censure, place on probation or

decline to renew a license for a violation of the Oklahoma Secure

and Fair Enforcement for Mortgage Licensing Act, any rules

promulgated pursuant to the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act and any order of the Administrator or an

independent hearing examiner issued pursuant to the Oklahoma Secure

and Fair Enforcement for Mortgage Licensing Act;

2. Deny, suspend, revoke, censure, place on probation or

decline to renew a license if an applicant or licensee fails at any

time to meet the requirements of the Oklahoma Secure and Fair

Enforcement for Mortgage Licensing Act or withholds information or

makes a material misstatement in an application for a license or

renewal of a license;

3. Order restitution against entities or individuals subject to

the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act

for violations of the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act; or

4. Issue orders or directives under the Oklahoma Secure and

Fair Enforcement for Mortgage Licensing Act as follows:

a. order or direct entities or individuals subject to the

Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act to cease and desist from conducting

business, including immediate temporary orders to

cease and desist,

b. order or direct entities or individuals subject to the

Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act to cease any harmful activities or

violations of the Oklahoma Secure and Fair Enforcement

for Mortgage Licensing Act, including immediate

temporary orders to cease and desist,

c. enter immediate temporary orders to cease business

under a license issued pursuant to the authority of

the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act if the Administrator or an independent

hearing examiner determines that such license was

erroneously granted or the licensee is currently in

violation of the Oklahoma Secure and Fair Enforcement

for Mortgage Licensing Act,

d. order or direct such other affirmative action as the

Administrator or an independent hearing examiner deems

necessary, or

e. impose a civil penalty of not less than One Hundred

Dollars ($100.00) nor more than Two Thousand Five

Hundred Dollars ($2,500.00) for each violation of the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1462

Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act against a licensee or any other entity

or individual subject to the Oklahoma Secure and Fair

Enforcement for Mortgage Licensing Act, not to exceed

Five Thousand Dollars ($5,000.00) for all violations

resulting from a single incident or transaction.

B. Any immediate temporary order to cease and desist issued

pursuant to the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act shall comply with the requirements for emergency

orders under Article II of the Administrative Procedures Act.

C. Any administrative order or settlement agreement imposing a

civil penalty pursuant to this section may be enforced in the same

manner as civil judgments in this state. The Administrator may file

an application to enforce an administrative order or settlement

agreement in the district court of Oklahoma County.

D. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act. The independent hearing examiner shall have

authority to exercise all powers granted by Article II of the

Administrative Procedures Act in conducting hearings. The

independent hearing examiner shall have authority to recommend

penalties authorized by the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act and issue proposed orders, with proposed

findings of fact and proposed conclusions of law, to the

Administrator pursuant to Article II of the Administrative

Procedures Act. The Administrator shall review the proposed order

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

Administrative Procedures Act. Any person aggrieved by a final

agency order of the Administrator may obtain judicial review in

accordance with the Oklahoma Administrative Procedures Act. The

venue of any such action shall be in the district court of Oklahoma

County. The costs of the hearing examiner may be assessed against

the respondent, unless the respondent is the prevailing party.
Okla. Stat. tit. 59, § 59-46.21bv1 — OK Code / Title 59 / Section 59-46.21bv1
Architects required for certain buildings - Code Use
Status: in_force

Groups - Exempted buildings.

A. An architect shall be required to plan, design and prepare

plans and specifications for the following Code Use Groups except

where specifically exempt from the provisions of the State

Architectural and Registered Commercial Interior Designers Act. All

Code Use Groups in this section are defined by the current

International Building Code.

B. The construction, addition or alteration of a building of

any size or occupancy in the following Code Use Groups shall be

subject to the provisions of the State Architectural and Registered

Commercial Interior Designers Act:

1. Code Use Group I - Institutional;

2. Code Use Group R-2 - Residential, limited to dormitories,

fraternities and sororities, and monasteries and convents;

3. Code Use Group A-1 - Assembly and theaters;

4. Code Use Group A-4 - Assembly, arenas and courts;

5. Code Use Group A-5 - Assembly, bleachers and grandstands;

and

6. Buildings for which the designated Code Use Group changes

are not exempt from the State Architectural and Registered

Commercial Interior Designers Act.

C. The following shall be exempt from the provisions of the

State Architectural and Registered Commercial Interior Designers

Act; provided that, for the purposes of this subsection, a basement

is not to be counted as a story for the purpose of counting stories

of a building for height regulations:

1. The construction, addition or alteration of a building no

more than two stories in height and with a code-defined occupancy of

no more than fifty (50) persons for the Code Use Groups A-2 and A-3

- Assembly and Code Use Group E - Education;

2. The construction, addition or alteration of a building no

more than two stories in height and no more than sixty-four

transient lodging units per building for the Code Use Group R1 -

Residential, including, but not limited to, hotels and motels;

3. The construction, addition or alteration of a building no

more than two stories in height and with a gross square footage not

exceeding one hundred thousand (100,000) in the Code Use Group B -

Business;

4. The construction, addition or alteration of a building no

more than two stories in height and with a gross square footage not

Oklahoma Statutes - Title 59. Professions and Occupations Page 135

exceeding two hundred thousand (200,000) in the Code Use Group M -

Mercantile;

5. The construction, addition or alteration of a building no

more than two stories in height in the following Code Use Groups or

buildings:

a. Code Use Group U - Utility,

b. Code Use Group F - Factory and Industrial,

c. Code Use Group H - High hazard,

d. Code Use Group S - Storage,

e. Code Use Group R2 - Residential, including apartments

containing no more than thirty-two dwelling units or

thirty-two guest units per building,

f. Code Use Groups R3 and R4 - Residential,

g. all buildings used by a municipality, county, state,

public trust, public agency or the federal government

with a construction value under One Hundred Fifty-

eight Thousand Dollars ($158,000.00),

h. incidental buildings or appurtenances associated with

paragraphs 1 through 5 of this subsection, and

i. all uninhabitable, privately owned agricultural

buildings; and

6. Single or two-family residential dwellings, as defined by

the International Residential Code adopted by the Oklahoma Uniform

Building Code Commission.

D. The addition, renovation or alteration of buildings where

the use was exempt as new construction shall remain exempt if the

Code Use Group does not change.

E. Upgrades, repairs, replacements and changes made on projects

in Code Use Groups found in this title requiring an architect are

exempt from hiring an architect if the upgrades, repairs,

replacements or changes do not affect the existing primary

structural, mechanical, or electrical systems, life-safety systems,

fire codes or exit passageways and/or egress as determined by the

building official having jurisdiction.
Okla. Stat. tit. 59, § 59-1290 — OK Code / Title 59 / Section 59-1290
Social Work Licensure Compact Commission
Status: reserved

A. The Compact Member States hereby create and establish a

joint government agency whose membership consists of all Member

States that have enacted the compact known as the Social Work

Licensure Compact Commission. The Commission is an instrumentality

of the Compact States acting jointly and not an instrumentality of

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

the effective date of the Compact as set forth in Section 14 of this

act.

B. Membership, Voting, and Meetings:

1. Each Member State shall have and be limited to one delegate

selected by that Member State’s State Licensing Authority.

2. The delegate shall be either:

a. a current member of the State Licensing Authority at

the time of appointment, who is a Regulated Social

Worker or public member of the State Licensing

Authority, or

Oklahoma Statutes - Title 59. Professions and Occupations Page 993

b. an administrator of the State Licensing Authority or

their designee.

3. The Commission shall by Rule or bylaw establish a term of

office for delegates and may by Rule or bylaw establish term limits.

4. The Commission may recommend removal or suspension of any

delegate from office.

5. A Member State’s State Licensing Authority shall fill any

vacancy of its delegate occurring on the Commission within sixty

(60) days of the vacancy.

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

before the Commission requiring a vote by Commission delegates.

7. A delegate shall vote in person or by such other means as

provided in the bylaws. The bylaws may provide for delegates to

meet by telecommunication, videoconference, or other means of

communication.

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

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

The Commission may meet by telecommunication, videoconference, or

other similar electronic means.

C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish code of conduct and conflict of interest policies;

3. Establish and amend Rules and bylaws;

4. Maintain its financial records in accordance with the

bylaws;

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

provisions of this Compact, the Commission’s Rules, and the bylaws;

6. Initiate and conclude legal proceedings or actions in the

name of the Commission, provided that the standing of any State

Licensing Board to sue or be sued under applicable law shall not be

affected;

7. Maintain and certify records and information provided to a

Member State as the authenticated business records of the

Commission, and designate an agent to do so on the Commission's

behalf;

8. Purchase and maintain insurance and bonds;

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

including, but not limited to, employees of a Member State;

10. Conduct an annual financial review;

11. Hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

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

the Commission’s personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other

related personnel matters;

12. Assess and collect fees;

Oklahoma Statutes - Title 59. Professions and Occupations Page 994

13. Accept any and all appropriate gifts, donations, grants of

money, other sources of revenue, equipment, supplies, materials, and

services, and receive, utilize, and dispose of the same; provided

that at all times the Commission shall avoid any appearance of

impropriety or conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or use any

property, real, personal, or mixed, or any undivided interest

therein;

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

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

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing committees, composed

of members, State regulators, State legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the

bylaws;

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

law enforcement agencies;

20. Establish and elect an Executive Committee, including a

chair and a vice chair;

21. Determine whether a State’s adopted language is materially

different from the model compact language such that the State would

not qualify for participation in the Compact; and

22. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact.

D. The Executive Committee:

1. The Executive Committee shall have the power to act on

behalf of the Commission according to the terms of this Compact.

The powers, duties, and responsibilities of the Executive Committee

shall include:

a. oversee the day-to-day activities of the

administration of the Compact including enforcement

and compliance with the provisions of the Compact, its

Rules and bylaws, and other such duties as deemed

necessary,

b. recommend to the Commission changes to the Rules or

bylaws, changes to this Compact legislation, fees

charged to Compact Member States, fees charged to

Licensees, and other fees,

c. ensure Compact administration services are

appropriately provided, including by contract,

d. prepare and recommend the budget,

e. maintain financial records on behalf of the

Commission,

f. monitor Compact compliance of Member States and

provide compliance reports to the Commission,

Oklahoma Statutes - Title 59. Professions and Occupations Page 995

g. establish additional committees as necessary,

h. exercise the powers and duties of the Commission

during the interim between Commission meetings, except

for adopting or amending Rules, adopting or amending

bylaws, and exercising any other powers and duties

expressly reserved to the Commission by Rule or bylaw,

and

i. other duties as provided in the Rules or bylaws of the

Commission.

2. The Executive Committee shall be composed of up to eleven

(11) members:

a. the chair and vice-chair of the Commission shall be

voting members of the Executive Committee,

b. the Commission shall elect five voting members from

the current membership of the Commission,

c. up to four ex-officio, nonvoting members from four

recognized national Social Work organizations, and

d. the ex-officio members shall be selected by their

respective organizations.

3. The Commission may remove any member of the Executive

Committee as provided in the Commission’s bylaws.

4. The Executive Committee shall meet at least annually.

a. Executive Committee meetings shall be open to the

public, except that the Executive Committee may meet

in a closed, nonpublic meeting as provided in

paragraph 2 of subsection F of this section.

b. The Executive Committee shall give seven (7) days’

notice of its meetings, posted on its website and as

determined to provide notice to persons with an

interest in the business of the Commission.

c. The Executive Committee may hold a special meeting in

accordance with subparagraph b of paragraph 1 of

subsection F of this section.

E. The Commission shall adopt and provide to the Member States

an annual report.

F. Meetings of the Commission:

1. All meetings shall be open to the public, except that the

Commission may meet in a closed, nonpublic meeting as provided in

paragraph 2 of this subsection.

a. Public notice for all meetings of the full Commission

of meetings shall be given in the same manner as

required under the Rulemaking provisions in Section 12

of this act, except that the Commission may hold a

special meeting as provided in subparagraph b of this

paragraph.

b. The Commission may hold a special meeting when it must

meet to conduct emergency business by giving forty-

Oklahoma Statutes - Title 59. Professions and Occupations Page 996

eight (48) hours’ notice to all commissioners, on the

Commission’s website, and other means as provided in

the Commission’s Rules. The Commission’s legal

counsel shall certify that the Commission’s need to

meet qualifies as an emergency.

2. The Commission or the Executive Committee or other

committees of the Commission may convene in a closed, nonpublic

meeting for the Commission or Executive Committee or other

committees of the Commission to receive legal advice or to discuss:

a. noncompliance of a Member State with its obligations

under the Compact,

b. the employment, compensation, discipline, or other

matters, practices, or procedures related to specific

employees,

c. current or threatened discipline of a Licensee by the

Commission or by a Member State’s Licensing Authority,

d. current, threatened, or reasonably anticipated

litigation,

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

sale of goods, services, or real estate,

f. accusing any person of a crime or formally censuring

any person,

g. trade secrets or commercial or financial information

that is privileged or confidential,

h. information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of

personal privacy,

i. investigative records compiled for law enforcement

purposes,

j. information related to any investigative reports

prepared by or on behalf of or for use of the

Commission or other committee charged with

responsibility of investigation or determination of

compliance issues pursuant to the Compact,

k. matters specifically exempted from disclosure by

federal or Member State law, or

l. other matters as promulgated by the Commission by

Rule.

3. If a meeting, or portion of a meeting, is closed, the

presiding officer shall state that the meeting will be closed and

reference each relevant exempting provision, and such reference

shall be recorded in the minutes.

4. The Commission shall keep minutes that fully and clearly

describe all matters discussed in a meeting and shall provide a full

and accurate summary of actions taken, and the reasons therefore,

including a description of the views expressed. All documents

considered in connection with an action shall be identified in such

Oklahoma Statutes - Title 59. Professions and Occupations Page 997

minutes. All minutes and documents of a closed meeting shall remain

under seal, subject to release only by a majority vote of the

Commission or order of a court of competent jurisdiction.

G. Financing of the Commission:

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

reasonable expenses of its establishment, organization, and ongoing

activities.

2. The Commission may accept any and all appropriate revenue

sources as provided in subsection C of Section 13 of this act.

3. The Commission may levy on and collect an annual assessment

from each Member State and impose fees on Licensees of Member States

to whom it grants a Multistate License to cover the cost of the

operations and activities of the Commission and its staff, which

must be in a total amount sufficient to cover its annual budget as

approved each year for which revenue is not provided by other

sources. The aggregate annual assessment amount for Member States

shall be allocated based upon a formula that the Commission shall

promulgate by Rule.

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

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

Commission pledge the credit of any of the Member States, except by

and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the financial review and accounting procedures

established under its bylaws. However, all receipts and

disbursements of funds handled by the Commission shall be subject to

an annual financial review by a certified or licensed public

accountant, and the report of the financial review shall be included

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

H. Qualified Immunity, Defense, and Indemnification:

1. The members, officers, executive director, employees, and

representatives of the Commission shall be immune from suit and

liability, both personally and in their official capacity, for any

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

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

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

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties, or

responsibilities; provided that nothing in this paragraph shall be

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

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

willful or wanton misconduct of that person. The procurement of

insurance of any type by the Commission shall not in any way

compromise or limit the immunity granted hereunder.

2. The Commission shall defend any member, officer, executive

director, employee, and representative of the Commission in any

Oklahoma Statutes - Title 59. Professions and Occupations Page 998

civil action seeking to impose liability arising out of any actual

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

Commission employment, duties, or responsibilities, or as determined

by the Commission that the person against whom the claim is made had

a reasonable basis for believing occurred within the scope of

Commission employment, duties, or responsibilities; provided that

nothing herein shall be construed to prohibit that person from

retaining their own counsel at their own expense; and provided

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

result from that person’s intentional or willful or wanton

misconduct.

3. The Commission shall indemnify and hold harmless any member,

officer, executive director, employee, and representative of the

Commission for the amount of any settlement or judgment obtained

against that person arising out of any actual or alleged act, error,

or omission that occurred within the scope of Commission employment,

duties, or responsibilities, or that such person had a reasonable

basis for believing occurred within the scope of Commission

employment, duties, or responsibilities, provided that the actual or

alleged act, error, or omission did not result from the intentional

or willful or wanton misconduct of that person.

4. Nothing herein shall be construed as a limitation on the

liability of any Licensee for professional malpractice or

misconduct, which shall be governed solely by any other applicable

State laws.

5. Nothing in this Compact shall be interpreted to waive or

otherwise abrogate a Member State’s state action immunity or state

action affirmative defense with respect to antitrust claims under

the Sherman Act, Clayton Act, or any other State or federal

antitrust or anticompetitive law or regulation.

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

sovereign immunity by the Member States or by the Commission.
Okla. Stat. tit. 59, § 59-1955 — OK Code / Title 59 / Section 59-1955
Consumer right to damages - Enforcement - Assessment of
Status: in_force

- Application of Administrative Procedures Act - Recovery by multiple lessees - Lessor adjustmentcost of examination - Hearings - Application of Administrative

Procedures Act - Recovery by multiple lessees - Lessor adjustment of

error - Bona fide errors.

A. A consumer damaged by a violation of the Oklahoma Rental-

Purchase Act by a lessor is entitled to recover from the lessor:

1. Actual damages;

2. Twenty-five percent (25%) of an amount equal to the total

amount of payments required to obtain ownership of the merchandise

involved, except that the amount recovered under this section shall

not be less than One Hundred Dollars ($100.00) nor more than One

Thousand Dollars ($1,000.00), or in the case of a class action, an

amount the court may allow, except that as to each member of the

class no minimum recovery may be applicable and the total recovery

other than for actual damages in any class action or series of class

actions arising out of the same failure to comply by the same lessor

shall not be more than the lesser of Five Hundred Thousand Dollars

Oklahoma Statutes - Title 59. Professions and Occupations Page 1398

($500,000.00) or one percent (1%) of the net worth of the lessor;

and

3. Reasonable attorney fees and court costs.

B. In addition to the enforcement powers provided in Section 6-

102 of Title 14A of the Oklahoma Statutes, the Administrator of

Consumer Credit or a duly authorized representative of the

Administrator may investigate the books, accounts, papers,

correspondence and records of any lessor licensed under the Oklahoma

Rental-Purchase Act. For the purposes of this section, any person

who advertises for, solicits or holds himself or herself out as

willing to make rental-purchase transactions, shall be presumed to

be a rental-purchase lessor. Each lessor shall pay to the

Administrator an examination fee as prescribed by rule of the

Commission on Consumer Credit. The Administrator may require

payment of an examination fee either at the time of initial

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

been conducted.

C. The Administrator may promulgate rules and regulations

necessary for the enforcement of the Oklahoma Rental-Purchase Act

and consistent with all its provisions.

D. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Oklahoma Rental-Purchase Act. The independent

hearing examiner shall have authority to exercise all powers granted

by Article II of the Administrative Procedures Act in conducting

hearings. The independent hearing examiner shall have authority to

recommend penalties authorized by the Oklahoma Rental-Purchase Act

and issue proposed orders, with proposed findings of fact and

proposed conclusions of law, to the Administrator pursuant to

Article II of the Administrative Procedures Act. The Administrator

shall review the proposed order and issue a final agency order in

accordance with Article II of the Administrative Procedures Act.

Any person aggrieved by a final agency order of the Administrator

may obtain judicial review in accordance with the Administrative

Procedures Act. The jurisdiction and venue of any such action shall

be in the district court of Oklahoma County or the county of the

aggrieved. Hearing costs may be assessed against the respondent,

unless the respondent is the prevailing party.

E. After notice and hearing, the Administrator may decline to

renew a license, or suspend or revoke any license issued pursuant to

the Oklahoma Rental-Purchase Act for violating any provision of the

Oklahoma Rental-Purchase Act or any rules promulgated by the

Administrator, or in lieu of or in addition to such denial,

suspension or revocation, order the refund of any unlawful or

excessive fees, enter a cease and desist order or impose an

administrative fine in an amount not less than One Hundred Dollars

($100.00) nor more than Two Thousand Five Hundred Dollars

Oklahoma Statutes - Title 59. Professions and Occupations Page 1399

($2,500.00) for each violation of the Oklahoma Rental-Purchase Act,

not to exceed Five Thousand Dollars ($5,000.00) for all violations

of a lessor.

F. Except as otherwise expressly provided in the Oklahoma

Rental-Purchase Act, the Administrative Procedures Act, Sections

250.3 through 323 of Title 75 of the Oklahoma Statutes, applies to

and governs all administrative actions and civil proceedings taken

by the Administrator pursuant to the Oklahoma Rental-Purchase Act.

G. Where there are multiple lessees to a rental-purchase

agreement, there shall be no more than one recovery under the

Oklahoma Rental-Purchase Act for a violation.

H. A lessor is not liable under the Oklahoma Rental-Purchase

Act for a violation thereof caused by the lessor's error if before

the sixtieth day after the date the lessor discovers the error, and

before an action under this section is filed or written notice of

the error is received by the lessor from the lessee, the lessor

gives the lessee written notice of the error and makes adjustments

in the lessee's account as necessary to ensure that the lessee will

not be required to pay an amount in excess of the amount disclosed

and that the agreement otherwise complies with this subsection. Nor

may a lessor be held liable in any action brought under the Oklahoma

Rental-Purchase Act for a violation of the Oklahoma Rental-Purchase

Act if the lessor shows by a preponderance of the evidence that the

violation was not intentional and resulted from a bona fide error

notwithstanding the maintenance of procedures reasonably adopted to

avoid the error. A bona fide error includes, but is not limited to,

a clerical, calculation, computer malfunction in programming, and

printing error, but not an error of legal judgment with respect to a

lessor's disclosure obligations under the Oklahoma Rental-Purchase

Act.

I. Any entity or individual offering to engage or engaged as a

rental-purchase lessor in this state without a license shall be

subject to an administrative fine not to exceed Five Thousand

Dollars ($5,000.00).

J. The Administrator may impose an administrative fine as

prescribed in subsection I of this section, after notice and hearing

in accordance with Article II of the Administrative Procedures Act.

Any administrative order or settlement agreement may be enforced in

the same manner as civil judgments in this state. The Administrator

may file an application to enforce an administrative order or

settlement agreement in the district court of Oklahoma County or the

county of the aggrieved.
Okla. Stat. tit. 59, § 59-3209 — OK Code / Title 59 / Section 59-3209
Anesthesiologist Assistants Advisory Committee —
Status: in_force

Membership — Powers and duties.

A. There is hereby established the Anesthesiologist Assistants

Advisory Committee to advise the State Board of Medical Licensure

and Supervision on matters pertaining to the licensure, education,

and continuing education of licensed anesthesiologist assistants and

the practice of anesthesiologist assistants.

B. The Board shall appoint five (5) members to the

Anesthesiologist Assistants Advisory Committee as follows:

1. Three members shall be qualified physicians who have been

actively practicing anesthesiology in this state for at least five

(5) years; and

2. Two members shall be licensed anesthesiologist assistants

who have been actively practicing as an anesthesiologist assistant

in this state for at least three (3) years.

C. The physician members of the Committee shall be appointed

for staggered terms of one (l), two (2), and three (3) years,

respectively.

D. Terms of office of each appointed member shall expire July 1

of that year in which they expire regardless of the calendar date

when such appointments were made. Subsequent appointments shall be

made for a term of three (3) years or until successors are appointed

and qualified.

E. Vacancies shall be filled by the Board in the same manner as

the original appointment.

F. Members of the Committee shall serve without compensation,

except that members shall be reimbursed for necessary travel

expenses incurred in the performance of their duties in accordance

with the State Travel Reimbursement Act.

G. The Committee shall have the power and duty to:

1. Meet at least twice a year or as otherwise called by the

Board; and

2. Advise the Board on matters pertaining to the licensure,

education, and continuing education requirements for and the

practice of anesthesiologist assistants in this state.
Okla. Stat. tit. 59, § 59-353.17 — OK Code / Title 59 / Section 59-353.17
Unlawful use of titles relating to pharmacy
Status: in_force

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 by the Oklahoma

Pharmacy Act.

B. No person other than one licensed under the Oklahoma

Pharmacy Act shall take, use or exhibit the title "Druggist",

"Pharmacy", "Drug Store", "Drug Department", "Drugs", "Drug

Sundries", "Prescriptions", or any other term, sign or device or any

word in similitude thereof.
Okla. Stat. tit. 59, § 59-15.29B — OK Code / Title 59 / Section 59-15.29B
Enforcement actions - Evidence of single act
Status: in_force

sufficient.

In any action brought under Section 15.24 or 15.27 of this

title, evidence of the commission of a single action prohibited by

the Oklahoma Accountancy Act shall be sufficient to justify a

penalty, injunction, restraining order, or conviction, respectively,

without evidence of a general course of conduct.
Okla. Stat. tit. 59, § 59-46.9v2 — OK Code / Title 59 / Section 59-46.9v2
Practice through partnership, firm, association,
Status: in_force

corporation, limited liability company or limited liability

partnership - Certificates of authority or title - Foreign entities

- Registration of trade name or service mark.

A. The practice of architecture, landscape architecture, or

licensed interior design or offering to practice these professions

for others by persons licensed under this act through a partnership,

firm, association, corporation, limited liability company or limited

liability partnership as directors, partners, officers,

shareholders, employees, managers, members or principals is

permitted, subject to the provisions of the State Architectural and

Licensed Interior Designers Act, provided:

1. One or more of the directors, partners, officers,

shareholders, managers, members or principals of said partnership,

firm, association, corporation, limited liability company or limited

liability partnership is designated as being responsible for the

entity's activities and decisions of said partnership, firm,

association, corporation, limited liability company or limited

liability partnership;

2. Such director, partner, officer, shareholder, manager,

member or principal is duly licensed under the State Architectural

and Licensed Interior Designers Act;

3. All personnel of said partnership, firm, association,

corporation, limited liability company or limited liability

partnership who act on behalf of the entity for these professions in

the state are licensed under the State Architectural and Licensed

Interior Designers Act; and

4. Said partnership, firm, association, corporation, limited

liability company or limited liability partnership has been issued a

certificate of authority by the Board.

B. The Board shall have the power to issue, revoke, deny, or

refuse to renew a certificate of authority for a partnership, firm,

association, corporation, limited liability company or limited

liability partnership as provided for in the State Architectural and

Licensed Interior Designers Act.

C. A partnership, firm, association, corporation, limited

liability company or limited liability partnership desiring to

practice architecture, landscape architecture, or licensed interior

design shall file with the Board an application for a certificate of

authority for each office location performing work on Oklahoma

Oklahoma Statutes - Title 59. Professions and Occupations Page 108

projects on a form approved by the Board which shall include the

names, addresses, state of licensure and license number of all

partners, directors, officers, members, managers or principals of

the partnership, firm, association, corporation, limited liability

company or limited liability partnership legally responsible for the

entity's practice. The form shall name an individual having the

practice of architecture in such person's charge who is a director,

partner, officer, member, manager or principal. The person shall be

duly licensed as an architect to practice architecture or licensed

as a landscape architect to practice landscape architecture, or as a

licensed interior designer to practice licensed interior design in

this state through said partnership, firm, association, corporation,

limited liability company or limited liability partnership legally

responsible for the entity's practice or services offered and other

information required by the Board. In the event there shall be a

change in any of these persons during the term of the certification,

such change shall be filed with the Board within thirty (30) days

after the effective date of said change. If all of the requirements

of this section and the Board's current rules have been met, the

Board shall issue a certificate of authority to such partnership,

firm, association, corporation, limited liability company or limited

liability partnership.

D. Any other person licensed pursuant to the State

Architectural and Licensed Interior Designers Act, not practicinglimited liability partnership - Certificates of authority or title - Foreign entities - Registration ofective date of said change. If all of the requirements

of this section and the Board's current rules have been met, the

Board shall issue a certificate of authority to such partnership,

firm, association, corporation, limited liability company or limited

liability partnership.

D. Any other person licensed pursuant to the State

Architectural and Licensed Interior Designers Act, not practicing

these professions as a partnership, firm, association, corporation,

limited liability company or limited liability partnership, shall

practice as an individual.

E. No such partnership, firm, association, corporation, limited

liability company or limited liability partnership shall be relieved

of responsibility for the conduct or acts of its agents, employees,

partners, directors, officers, managers, members or principals by

reason of its compliance with the provisions of this section, or

shall any individual practicing these professions be relieved of

responsibility for professional services performed as an individual

by reason of such person's employment or relationship with such

partnership, firm, association, corporation, limited liability

company or limited liability partnership.

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

incorporation or register a foreign corporation or any other entity

which includes among the objectives for which it is established any

of the words "Architect", "Architectural", "Architecture",

"Landscape Architect", "Landscape Architecture", "Licensed Interior

Designer", or "Licensed Interior Design", or any modification or

derivation of these words, unless the Board has issued for said

applicant either a certificate of authority for an entity, or a

letter indicating eligibility for an exemption pursuant to the State

Architectural and Licensed Interior Designers Act. The entity

Oklahoma Statutes - Title 59. Professions and Occupations Page 109

applying shall supply such certificate or letter from the Board with

its application for incorporation or registration.

G. The Secretary of State shall not register any trade name or

service mark which includes such words, as set forth in subsection F

of this section, or modifications or derivatives thereof in its firm

name or logotype except those entities or individuals holding

certificates of authority issued under the provisions of this

section or letters of eligibility issued by the Board.

H. Upon application for renewal and upon compliance with the

provisions of the State Architectural and Licensed Interior

Designers Act and the rules of the Board, a certificate of authority

shall be renewed as provided in this act.
Okla. Stat. tit. 59, § 59-1107 — OK Code / Title 59 / Section 59-1107
Application for certificate - Qualifications - Renewals,
Status: in_force

expiratrion.

A. Upon application, made upon a form to be prescribed by the

Department, by an individual not less than eighteen (18) years of

age, the Department shall issue a certificate when the applicant has

paid a nonrefundable application fee and has met any one of the

following qualifications:

1. An applicant who successfully completes training and

examination as prescribed by the Department; or

2. An applicant who holds a license or certificate issued by

any other state or territory of the United States, and currently

valid at the time he makes application hereunder, similar to a

certificate provided for herein, where the requirements of such

other state or territory for the issuance of a license or

certificate, at the time such applicant received said license or

certificate, were of a level found by the Department to be the

equivalent of the standards required hereby for a certificate of

similar kind. Provided, however, that no certificate shall be

issued under this paragraph unless the holder of a certificate under

this act would be issued a similar license or certificate by such

other state or territory under substantially the same conditions.

B. All fees shall be deposited in the Certification Fund.

Oklahoma Statutes - Title 59. Professions and Occupations Page 901

C. Any certificate issued under this section shall be renewable

annually for the period from July 1 to June 30.

D. A certificate shall be renewed upon approval of the

Department. Application for such renewal shall be submitted to the

Department on forms prescribed by the Department, shall be

accompanied by a renewal fee as set by the Board and shall include

documentation that the applicant has met the annual renewal training

requirements of the Department. The Department may allow a thirty-

one-day grace period for such renewals, from July 1 through July 31,

without requiring payment of a late fee as set by the Board,

provided the applicant submits the required renewal fee and

qualifies for such renewal.

E. A certificate which is not so renewed by July 31 shall have

no further force, effect or validity unless the Department, upon

receipt of an application from the holder of the expired certificate

within two (2) years after the certificate's June 30 renewal date,

reactivates such certificate. Such reactivation application shall

include the submission of data on forms prescribed by the

Department, renewal and reactivation late fees as set by the Board,

and documentation that the applicant has met the Department's

renewal training requirements. A reactivated certificate may be

renewed annually thereafter as provided in this section.

F. The holder of an expired and unreactivated certificate shall

not be issued any new certificate unless he applies and qualifies

therefor pursuant to the Waterworks and Wastewater Works Operator

Certification Act.
Okla. Stat. tit. 59, § 59-1850.6 — OK Code / Title 59 / Section 59-1850.6
Examinations
Status: in_force

A. Examinations for licenses as mechanical contractors or

mechanical journeymen shall be uniform and practical in nature for

each respective license and shall be sufficiently strict to test the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1307

qualifications and fitness of the applicants for licenses.

Examinations shall be in whole or in part in writing. The Committee

shall conduct examinations quarterly and at such other times as it

deems necessary.

B. Any applicant initially failing to pass the examination

shall not be permitted to take another examination for a period of

thirty (30) days. Any applicant subsequently failing to pass the

examination shall not be permitted to take another examination for a

period of ninety (90) days.
Okla. Stat. tit. 59, § 59-1387 — OK Code / Title 59 / Section 59-1387
Psychology Interjurisdictional Compact Commission
Status: in_force

A. The compact states hereby create and establish a joint

public agency known as the Psychology Interjurisdictional Compact

Commission as follows:

1. The Commission is a body politic and an instrumentality of

the compact states;

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

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings; and

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

sovereign immunity.

B. Membership, Voting and Meetings.

1. The Commission shall consist of one voting representative

appointed by each compact state who shall serve as that state's

Commissioner. The state psychology regulatory authority shall

appoint its delegate. This delegate shall be empowered to act on

behalf of the compact state. This delegate shall be limited to:

a. an executive director, executive secretary or similar

executive,

b. a current member of the state psychology regulatory

authority of a compact state, or

c. a designee empowered with the appropriate delegate

authority to act on behalf of the compact state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1101

2. Any Commissioner may be removed or suspended from office as

provided by the law of the state from which the Commissioner is

appointed. Any vacancy occurring in the Commission shall be filled

in accordance with the laws of the compact state in which the

vacancy exists.

3. Each Commissioner shall be entitled to one vote with regard

to the promulgation of rules and creation of bylaws and shall

otherwise have an opportunity to participate in the business and

affairs of the Commission. A Commissioner shall vote in person or

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

provide for Commissioners' participation in meetings by telephone or

other means of communication.

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

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

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

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

rulemaking provisions in Section 12 of this act.

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

the Commission must discuss:

a. noncompliance of a compact state with its obligations

under the Compact,

b. the employment, compensation, discipline or other

personnel matters, practices or procedures related to

specific employees or other matters related to the

Commission's internal personnel practices and

procedures,

c. current, threatened or reasonably anticipated

litigation against the Commission,

d. negotiation of contracts for the purchase or sale of

goods, services or real estate,

e. accusation against any person of a crime or formally

censuring any person,

f. disclosure of trade secrets or commercial or financial

information which is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigatory records compiled for law

enforcement purposes,

i. disclosure of information related to any investigatory

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

Commission or other committee charged with

responsibility for investigation or determination of

compliance issues pursuant to the Compact, or

j. matters specifically exempted from disclosure by

federal and state statute.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1102

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

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

certify that the meeting may be closed and shall reference each

relevant exempting provision. The Commission shall keep minutes

which fully and clearly describe all matters discussed in a meeting

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

any person participating in the meeting, and the reasons therefor,

including a description of the views expressed. All documents

considered in connection with an action shall be identified in such

minutes. All minutes and documents of a closed meeting shall remain

under seal, subject to release only by a majority vote of the

Commission or order of a court of competent jurisdiction.

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

Commissioners, prescribe bylaws and/or rules to govern its conduct

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

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

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:

a. for the establishment and meetings of other

committees, and

b. governing any general or specific delegation of any

authority or function of the Commission;

3. Providing reasonable procedures for calling and conducting

meetings of the Commission, ensuring reasonable advance notice of

all meetings and providing an opportunity for attendance of such

meetings by interested parties, with enumerated exceptions designed

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

proceedings and proprietary information, including trade secrets.

The Commission may meet in closed session only after a majority of

the Commissioners vote to close a meeting to the public in whole or

in part. As soon as practicable, the Commission must make public a

copy of the vote to close the meeting revealing the vote of each

Commissioner with no proxy votes allowed;

4. Establishing the titles, duties and authority and reasonable

procedures for the election of the officers of the Commission;

5. Providing reasonable standards and procedures for the

establishment of the personnel policies and programs of the

Commission. Notwithstanding any civil service or other similar law

of any compact state, the bylaws shall exclusively govern the

personnel policies and programs of the Commission;

6. Promulgating a code of ethics to address permissible and

prohibited activities of Commission members and employees;

7. Providing a mechanism for concluding the operations of the

Commission and the equitable disposition of any surplus funds that

may exist after the termination of the Compact after the payment and

reserving of all of its debts and obligations;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1103

8. The Commission shall publish its bylaws in a convenient form

and file a copy thereof and a copy of any amendment thereto with the

appropriate agency or officer in each of the compact states;

9. The Commission shall maintain its financial records in

accordance with the bylaws; and

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

consistent with the provisions of this Compact and the bylaws.

D. The Commission shall have the following powers:

1. The authority to promulgate uniform rules to facilitate and

coordinate implementation and administration of this Compact which

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

compact states;

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

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

psychology regulatory authority or other regulatory body responsible

for psychology licensure to sue or be sued under applicable law

shall not be affected;

3. To purchase and maintain insurance and bonds;

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

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

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

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact and to establish

the Commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel and other related

personnel matters;

6. To accept any and all appropriate donations and grants of

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

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

Commission shall strive to avoid any appearance of impropriety or

conflict of interest;

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

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

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

strive to avoid any appearance of impropriety;

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

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

9. To establish a budget and make expenditures;

10. To borrow money;

11. To appoint committees, including advisory committees

comprised of members, state regulators, state legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the

bylaws;

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

with, law enforcement agencies;

13. To adopt and use an official seal; and

Oklahoma Statutes - Title 59. Professions and Occupations Page 1104

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

appropriate to achieve the purposes of this Compact consistent with

the state regulation of psychology licensure, temporary in-person,

face-to-face practice and telepsychology practice.

E. The Executive Board.

The elected officers shall serve as the Executive Board, which

shall have the power to act on behalf of the Commission according to

the terms of this Compact.

1. The Executive Board shall be comprised of six (6) members:

a. five voting members who are elected from the current

membership of the Commission by the Commission, and

b. one ex officio, nonvoting member from the recognized

membership organization composed of state and

provincial psychology regulatory authorities.

2. The ex officio member must have served as staff or member on

a state psychology regulatory authority and will be selected by its

respective organization.

3. The Commission may remove any member of the Executive Board

as provided in the bylaws.

4. The Executive Board shall meet at least annually.

5. The Executive Board shall have the following duties and

responsibilities:

a. recommend to the entire Commission changes to the

rules or bylaws, changes to this Compact legislation,

fees paid by compact states, such as annual dues, and

any other applicable fees,

b. ensure compact administration services are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor compact compliance of member states and

provide compliance reports to the Commission,

f. establish additional committees as necessary, and

g. other duties as provided in the rules or bylaws.

F. Financing of the Commission.

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

reasonable expenses of its establishment, organization and ongoing

activities.

2. The Commission may accept any and all appropriate revenue

sources, donations and grants of money, equipment, supplies,

materials and services.

3. The Commission may levy on and collect an annual assessment

from each compact state or impose fees on other parties to cover the

cost of the operations and activities of the Commission and its

staff which must be in a total amount sufficient to cover its annual

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 1105

other sources. The aggregate annual assessment amount shall be

allocated based upon a formula to be determined by the Commission

which shall promulgate a rule binding upon all compact states.

4. The Commission shall not incur obligations of any kind

before securing the funds adequate to meet the same, nor shall the

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

and with the authority of the compact state.

5. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

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

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

licensed public accountant and the report of the audit shall be

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

G. Qualified Immunity, Defense and Indemnification.

1. The members, officers, Executive Director, employees and

representatives of the Commission shall be immune from suit and

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

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

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

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

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties or

responsibilities; provided, that nothing in this subsection shall be

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

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

willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, Executive

Director, employee or representative of the Commission in any civil

action seeking to impose liability arising out of any actual or

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

Commission employment, duties or responsibilities, or that the

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

believing occurred within the scope of Commission employment, duties

or responsibilities; provided, that nothing herein shall be

construed to prohibit that person from retaining his or her own

counsel, and provided further, that the actual or alleged act, error

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

or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member,

officer, Executive Director, employee or representative of the

Commission for the amount of any settlement or judgment obtained

against that person arising out of any actual or alleged act, error

or omission that occurred within the scope of Commission employment,

duties or responsibilities, or that such person had a reasonable

basis for believing occurred within the scope of Commission

employment, duties or responsibilities, provided that the actual or

Oklahoma Statutes - Title 59. Professions and Occupations Page 1106

alleged act, error or omission did not result from the intentional

or willful or wanton misconduct of that person.
Okla. Stat. tit. 59, § 59-887.19 — OK Code / Title 59 / Section 59-887.19
Physical Therapy Licensure Compact
Status: in_force

Physical Therapy Licensure Compact

ARTICLE I

Findings and Declaration of Purpose

A. The purpose of this Compact is to facilitate interstate

practice of physical therapy with the goal of improving public

access to physical therapy services. The practice of physical

therapy occurs in the state where the patient/client is located at

the time of the patient/client encounter. The Compact preserves the

regulatory authority of states to protect public health and safety

through the current system of state licensure.

B. This Compact is designed to achieve the following

objectives:

1. Increase public access to physical therapy services by

providing for the mutual recognition of other member state licenses;

2. Enhance the states' ability to protect the public's health

and safety;

3. Encourage the cooperation of member states in regulating

multistate physical therapy practice;

4. Support spouses of relocating military members;

5. Enhance the exchange of licensure, investigative and

disciplinary information between member states; and

6. Allow a remote state to hold a provider of services with a

compact privilege in that state accountable to that state's practice

standards.

ARTICLE II

Definitions

As used in this Compact:

1. "Active duty military" means full-time duty status in the

active uniformed service of the United States, including members of

Oklahoma Statutes - Title 59. Professions and Occupations Page 809

the National Guard and Reserve on active duty orders pursuant to 10

U.S.C., Sections 1209 and 1211;

2. "Adverse action" means disciplinary action taken by a

physical therapy licensing board based upon misconduct, unacceptable

performance, or a combination of both;

3. "Alternative program" means a nondisciplinary monitoring or

practice remediation process approved by a physical therapy

licensing board. This includes, but is not limited to, substance

abuse issues;

4. "Compact privilege" means the authorization granted by a

remote state to allow a licensee from another member state to

practice as a physical therapist or work as a physical therapist

assistant in the remote state under its laws and rules. The

practice of physical therapy occurs in the member state where the

patient/client is located at the time of the patient/client

encounter;

5. "Continuing competence" means a requirement, as a condition

of license renewal, to provide evidence of participation in, and/or

completion of, educational and professional activities relevant to

practice or area of work;

6. "Data system" means a repository of information about

licensees, including examination, licensure, investigative, compact

privilege and adverse action;

7. "Encumbered license" means a license that a physical therapy

licensing board has limited in any way;

8. "Executive Board" means a group of directors elected or

appointed to act on behalf of, and within the powers granted to them

by, the Commission;

9. "Home state" means the member state that is the licensee's

primary state of residence;

10. "Investigative information" means information, records and

documents received or generated by a physical therapy licensing

board pursuant to an investigation;

11. "Jurisprudence requirement" means the assessment of an

individual's knowledge of the laws and rules governing the practice

of physical therapy in a state;

12. "Licensee" means an individual who currently holds an

authorization from the state to practice as a physical therapist or

to work as a physical therapist assistant;

13. "Member state" means a state that has enacted the Compact;

14. "Party state" means any member state in which a licensee

holds a current license or compact privilege or is applying for a

license or compact privilege;

15. "Physical therapist" means an individual who is licensed by

a state to practice physical therapy;

Oklahoma Statutes - Title 59. Professions and Occupations Page 810

16. "Physical therapist assistant" means an individual who is

licensed/certified by a state and who assists the physical therapist

in selected components of physical therapy;

17. "Physical therapy", "physical therapy practice", and "the

practice of physical therapy" mean the care and services provided by

or under the direction and supervision of a licensed physical

therapist;

18. "Physical Therapy Compact Commission" or "Commission" means

the national administrative body whose membership consists of all

states that have enacted the Compact;

19. "Physical therapy licensing board" or "licensing board"

means the agency of a state that is responsible for the licensing

and regulation of physical therapists and physical therapist

assistants;

20. "Remote state" means a member state other than the home

state, where a licensee is exercising or seeking to exercise the

compact privilege; and

21. "Rule" means a regulation, principle or directive

promulgated by the Commission that has the force of law.

ARTICLE III

State Participation in the Compact

A. To participate in the Compact, a state shall:

1. Participate fully in the Commission's data system, including

using the Commission's unique identifier as defined in rules;

2. Have a mechanism in place for receiving and investigating

complaints about licensees;

3. Notify the Commission, in compliance with the terms of the

Compact and rules, of any adverse action or the availability of

investigative information regarding a licensee;

4. Fully implement a state and national criminal background

check requirement. The physical therapy licensing board shall

forward fingerprints of each applicant for licensure to the Oklahoma

State Bureau of Investigation. The Bureau shall conduct a state and

national background check pursuant to Section 150.9 of Title 74 of

the Oklahoma Statutes and shall provide the results of the

background check to the licensing board. The licensing board shall

use the results in making licensure decisions in accordance with

this Compact;

5. Comply with the rules of the Commission;

6. Utilize a recognized national examination as a requirement

for licensure pursuant to the rules of the Commission; and

7. Have continuing competence requirements as a condition for

license renewal.

B. Upon adoption of this statute, the member state shall have

the authority to obtain biometric-based information from each

physical therapy licensure applicant and submit this information to

the Federal Bureau of Investigation for a criminal background check

Oklahoma Statutes - Title 59. Professions and Occupations Page 811

in accordance with 28 U.S.C., Section 534 and 42 U.S.C., Section

14616.

C. A member state shall grant the compact privilege to a

licensee holding a valid unencumbered license in another member

state in accordance with the terms of the Compact and rules.

D. Member states may charge a fee for granting a compact

privilege.

ARTICLE IV

Compact Privilege

A. To exercise the compact privilege under the terms and

provisions of the Compact, the licensee shall:

1. Hold a license in the home state;

2. Have no encumbrance on any state license;

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

accordance with this Compact;

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

compact privilege within the previous two (2) years;

5. Notify the Commission that the licensee is seeking the

compact privilege within a remote state(s);

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

compact privilege;

7. Meet any jurisprudence requirements established by the

remote state(s) in which the licensee is seeking a compact

privilege; and

8. Report to the Commission adverse action taken by any

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

action is taken.

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

the home license. The licensee must comply with the requirements of

this Compact to maintain the compact privilege in the remote state.

C. A licensee providing physical therapy in a remote state

under the compact privilege shall function within the laws and

regulations of the remote state.

D. A licensee providing physical therapy in a remote state is

subject to that state's regulatory authority. A remote state may,

in accordance with due process and that state's laws, remove a

licensee's compact privilege in the remote state for a specific

period of time, impose fines and/or take any other necessary actions

to protect the health and safety of its citizens. The licensee is

not eligible for a compact privilege in any state until the specific

time for removal has passed and all fines are paid.

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

lose the compact privilege in any remote state until the following

occur:

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

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

action.

Oklahoma Statutes - Title 59. Professions and Occupations Page 812

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

good standing, the licensee must meet the requirements of this

Compact to obtain a compact privilege in any remote state.

G. If a licensee's compact privilege in any remote state is

removed, the individual shall lose the compact privilege in any

remote state until the following occur:

1. The specific period of time for which the compact privilege

was removed has ended;

2. All fines have been paid; and

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

action.

H. Once the requirements of this Compact have been met, the

license must meet the applicable requirements in this Compact to

obtain a compact privilege in a remote state.

ARTICLE V

Active Duty Military Personnel or their Spouses

A licensee who is active duty military or is the spouse of an

individual who is active duty military may designate one of the

following as the home state:

1. Home of record;

2. Permanent Change of Station (PCS); or

3. State of current residence if it is different than the PCS

state or home of record.

ARTICLE VI

Adverse Actions

A. A home state shall have exclusive power to impose adverse

action against a license issued by the home state.

B. A home state may take adverse action based on the

investigative information of a remote state, so long as the home

state follows its own procedures for imposing adverse action.

C. Nothing in this Compact shall override a member state's

decision that participation in an alternative program may be used in

lieu of adverse action and that such participation shall remain

nonpublic if required by the member state's laws. Member states

shall require licensees who enter any alternative programs in lieu

of discipline to agree not to practice in any other member state

during the term of the alternative program without prior

authorization from such other member state.

D. Any member state may investigate actual or alleged

violations of the statutes and rules authorizing the practice of

physical therapy in any other member state in which a physical

therapist or physical therapist assistant holds a license or compact

privilege.

E. A remote state shall have the authority to:

1. Take adverse actions as set forth in this Compact against a

licensee's compact privilege in the state;

Oklahoma Statutes - Title 59. Professions and Occupations Page 813

2. Issue subpoenas for both hearings and investigations that

require the attendance and testimony of witnesses, and the

production of evidence. Subpoenas issued by a physical therapy

licensing board in a party state for the attendance and testimony of

witnesses, and/or the production of evidence from another party

state, shall be enforced in the latter state by any court of

competent jurisdiction, according to the practice and procedure of

that court applicable to subpoenas issued in proceedings pending

before it. The issuing authority shall pay any witness fees, travel

expenses, mileage and other fees required by the service statutes of

the state where the witnesses and/or evidence is located; and

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

licensee the costs of investigations and disposition of cases

resulting from any adverse action taken against that licensee.

F. In addition to the authority granted to a member state by

its respective physical therapy practice act or other applicable

state law, a member state may participate with other member states

in joint investigations of licensees.

G. Member states shall share any investigative, litigation or

compliance materials in furtherance of any joint or individual

investigation initiated under the Compact.

ARTICLE VII

Establishment of the Physical Therapy Compact Commission

A. The Compact member states hereby create and establish a

joint public agency known as the Physical Therapy Compact

Commission.

1. The Commission shall be an instrumentality of the Compact

states.

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

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

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

sovereign immunity.

B. Each member state shall have and be limited to one delegate

selected by that member state's licensing board.

1. The delegate shall be a current member of the licensing

board, who is a physical therapist, physical therapist assistant,

public member or the board administrator.

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

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

appointed.

3. The member state board shall fill any vacancy occurring in

the Commission.

Oklahoma Statutes - Title 59. Professions and Occupations Page 814

4. Each delegate shall be entitled to one vote with regard to

the promulgation of rules and creation of bylaws and shall otherwise

have an opportunity to participate in the business and affairs of

the Commission.

5. A delegate shall vote in person or by such other means as

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

participation in meetings by telephone or other means of

communication.

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

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

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

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the

bylaws;

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

provisions of this Compact and the bylaws;

5. Promulgate uniform rules to facilitate and coordinate

implementation and administration of this Compact. The rules shall

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

states;

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

of the Commission; provided, that the standing of any state physical

therapy licensing board to sue or be sued under applicable law shall

not be affected;

7. Purchase and maintain insurance and bonds;

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

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

9. Hire employees, elect or appoint officers, fix compensation,

define duties, grant such individuals appropriate authority to carry

out the purposes of the Compact, and to establish the Commission's

personnel policies and programs relating to conflicts of interest,

qualifications of personnel and other related personnel matters;

10. Accept any and all appropriate donations and grants of

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

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

Commission shall avoid any appearance of impropriety and/or conflict

of interest;

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

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

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

avoid any appearance of impropriety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon or

otherwise dispose of any property real, personal or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

Oklahoma Statutes - Title 59. Professions and Occupations Page 815

15. Appoint committees, including standing committees comprised

of members, state regulators, state legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the

bylaws;

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

law enforcement agencies;

17. Establish and elect an Executive Board; and

18. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact consistent with

the state regulation of physical therapy licensure and practice.

D. The Executive Board shall have the power to act on behalf of

the Commission according to the terms of this Compact.

1. The Executive Board shall be comprised of nine (9) members:

a. seven voting members who are elected by the Commission

from the current membership of the Commission,

b. one ex officio, nonvoting member from the recognized

national physical therapy professional association,

and

c. one ex officio, nonvoting member from the recognized

membership organization of the physical therapy

licensing boards.

2. The ex officio members shall be selected by their respective

organizations.

3. The Commission may remove any member of the Executive Board

as provided in bylaws.

4. The Executive Board shall meet at least annually.

5. The Executive Board shall have the following duties and

responsibilities:

a. recommend to the entire Commission changes to the

rules or bylaws, changes to this Compact legislation,

fees paid by Compact member states such as annual

dues, and any commission Compact fee charged to

licensees for the compact privilege,

b. ensure Compact administration services are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor Compact compliance of member states and

provide compliance reports to the Commission,

f. establish additional committees as necessary, and

g. other duties as provided in rules or bylaws.

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

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

rulemaking provisions in this Compact.

Oklahoma Statutes - Title 59. Professions and Occupations Page 816

1. The Commission or the Executive Board or other committees of

the Commission may convene in a closed, nonpublic meeting if the

Commission or Executive Board or other committees of the Commission

must discuss:

a. noncompliance of a member state with its obligations

under the Compact,

b. the employment, compensation, discipline or other

matters, practices or procedures related to specific

employees or other matters related to the Commission's

internal personnel practices and procedures,

c. current, threatened or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase, lease or

sale of goods, services or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigative records compiled for law

enforcement purposes,

i. disclosure of information related to any investigative

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

Commission or other committee charged with

responsibility of investigation or determination of

compliance issues pursuant to the Compact, or

j. matters specifically exempted from disclosure by

federal or member state statute.

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

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

certify that the meeting may be closed and shall reference each

relevant exempting provision.

3. The Commission shall keep minutes that fully and clearly

describe all matters discussed in a meeting and shall provide a full

and accurate summary of actions taken, and the reasons therefor,

including a description of the views expressed. All documents

considered in connection with an action shall be identified in such

minutes. All minutes and documents of a closed meeting shall remain

under seal, subject to release by a majority vote of the Commission

or order of a court of competent jurisdiction.

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

reasonable expenses of its establishment, organization and ongoing

activities.

Oklahoma Statutes - Title 59. Professions and Occupations Page 817

1. The Commission may accept any and all appropriate revenue

sources, donations, and grants of money, equipment, supplies,

materials and services.

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

from each member state or impose fees on other parties to cover the

cost of the operations and activities of the Commission and its

staff, which must be in a total amount sufficient to cover its

annual budget as approved each year for which revenue is not

provided by other sources. The aggregate annual assessment amount

shall be allocated based upon a formula to be determined by the

Commission, which shall promulgate a rule binding upon all member

states.

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

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

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

and with the authority of the member state.

4. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

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

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

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

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

G. The members, officers, executive director, employees and

representatives of the Commission shall be immune from suit and

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

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

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

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

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties or

responsibilities; provided, that nothing in this paragraph shall be

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

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

willful or wanton misconduct of that person.

1. The Commission shall defend any member, officer, executive

director, employee or representative of the Commission in any civil

action seeking to impose liability arising out of any actual or

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

Commission employment, duties or responsibilities, or that the

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

believing occurred within the scope of Commission employment, duties

or responsibilities; provided, that nothing herein shall be

construed to prohibit that person from retaining his or her own

counsel; and provided further, that the actual or alleged act, error

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

or wanton misconduct.

Oklahoma Statutes - Title 59. Professions and Occupations Page 818

2. The Commission shall indemnify and hold harmless any member,

officer, executive director, employee or representative of the

Commission for the amount of any settlement or judgment obtained

against that person arising out of any actual or alleged act, error

or omission that occurred within the scope of Commission employment,

duties or responsibilities, or that such person had a reasonable

basis for believing occurred within the scope of Commission

employment, duties or responsibilities, provided that the actual or

alleged act, error or omission did not result from the intentional

or willful or wanton misconduct of that person.

ARTICLE VIII

Data System

A. The Commission shall provide for the development,

maintenance and utilization of a coordinated database and reporting

system containing licensure, adverse action and investigative

information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the

contrary, a member state shall submit a uniform data set to the data

system on all individuals to whom this Compact is applicable as

required by the rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege;

4. Nonconfidential information related to alternative program

participation;

5. Any denial of application for licensure, and the reason(s)

for such denial; and

6. Other information that may facilitate the administration of

this Compact, as determined by the rules of the Commission.

C. Investigative information pertaining to a licensee in any

member state will only be available to other party states.

D. The Commission shall promptly notify all member states of

any adverse action taken against a licensee or an individual

applying for a license. Adverse action information pertaining to a

licensee in any member state will be available to any other member

state.

E. Member states contributing information to the data system

may designate information that may not be shared with the public

without the express permission of the contributing state.

F. Any information submitted to the data system that is

subsequently required to be expunged by the laws of the member state

contributing the information shall be removed from the data system.

ARTICLE IX

Rulemaking

A. The Commission shall exercise its rulemaking powers pursuant

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 819

thereunder. Rules and amendments shall become binding as of the

date specified in each rule or amendment.

B. If a majority of the legislatures of the member states

rejects a rule, by enactment of a statute or resolution in the same

manner used to adopt the Compact within four (4) years of the date

of adoption of the rule, then such rule shall have no further force

and effect in any member state.

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

regular or special meeting of the Commission.

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

by the Commission, and at least thirty (30) days in advance of the

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

Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly

accessible platform; and

2. On the website of each member state physical therapy

licensing board or other publicly accessible platform or the

publication in which each state would otherwise publish proposed

rules.

E. The Notice of Proposed Rulemaking shall include:

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

the rule will be considered and voted upon;

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

for the proposed rule;

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

interested person; and

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

the Commission of their intention to attend the public hearing and

any written comments.

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

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

which shall be made available to the public.

G. The Commission shall grant an opportunity for a public

hearing before it adopts a rule or amendment if a hearing is

requested by:

1. At least twenty-five persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least twenty-five members.

H. If a hearing is held on the proposed rule or amendment, the

Commission shall publish the place, time and date of the scheduled

public hearing. If the hearing is held via electronic means, the

Commission shall publish the mechanism for access to the electronic

hearing.

1. All persons wishing to be heard at the hearing shall notify

the executive director of the Commission or other designated member

in writing of their desire to appear and testify at the hearing not

Oklahoma Statutes - Title 59. Professions and Occupations Page 820

less than five (5) business days before the scheduled date of the

hearing.

2. Hearings shall be conducted in a manner providing each

person who wishes to comment a fair and reasonable opportunity to

comment orally or in writing.

3. All hearings will be recorded. A copy of the recording will

be made available on request.

4. Nothing in this section shall be construed as requiring a

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

convenience of the Commission at hearings required by this section.

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

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

the Commission shall consider all written and oral comments

received.

J. If no written notice of intent to attend the public hearing

by interested parties is received, the Commission may proceed with

promulgation of the proposed rule without a public hearing.

K. The Commission shall, by majority vote of all members, take

final action on the proposed rule and shall determine the effective

date of the rule, if any, based on the rulemaking record and the

full text of the rule.

L. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency rule without prior notice,

opportunity for comment, or hearing; provided, that the usual

rulemaking procedures provided in the Compact and in this section

shall be retroactively applied to the rule as soon as reasonably

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

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

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

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

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

3. Meet a deadline for the promulgation of an administrative

rule that is established by federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission

may direct revisions to a previously adopted rule or amendment for

purposes of correcting typographical errors, errors in format,

errors in consistency or grammatical errors. Public notice of any

revisions shall be posted on the website of the Commission. The

revision shall be subject to challenge by any person for a period of

thirty (30) days after posting. The revision may be challenged only

on grounds that the revision results in a material change to a rule.

A challenge shall be made in writing, and delivered to the chair of

the Commission prior to the end of the notice period. If no

challenge is made, the revision will take effect without further

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

effect without the approval of the Commission.

Oklahoma Statutes - Title 59. Professions and Occupations Page 821

ARTICLE X

Oversight, Dispute Resolution, and Enforcement

A. The executive, legislative and judicial branches of state

government in each member state shall enforce this Compact and take

all actions necessary and appropriate to effectuate the Compact's

purposes and intent. The provisions of this Compact and the rules

promulgated hereunder shall have standing as statutory law.

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 this Compact which may affect

the powers, responsibilities or actions of the Commission.

C. The Commission shall be entitled to receive service of

process in any such proceeding, and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide service

of process to the Commission shall render a judgment or order void

as to the Commission, this Compact, or promulgated rules.

D. 1. If the Commission determines that a member state has

defaulted in the performance of its obligations or responsibilities

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

a. provide written notice to the defaulting state and

other member states of the nature of the default, the

proposed means of curing the default and/or any other

action to be taken by the Commission, and

b. provide remedial training and specific technical

assistance regarding the default.

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

defaulting state may be terminated from the Compact upon an

affirmative vote of a majority of the member states, and all rights,

privileges and benefits conferred by this Compact may be terminated

on the effective date of termination. A cure of the default does

not relieve the offending state of obligations or liabilities

incurred during the period of default.

3. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

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

by the Commission to the Governor, the majority and minority leaders

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

states.

4. A state that has been terminated is responsible for all

assessments, obligations and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

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

that is found to be in default or that has been terminated from the

Compact, unless agreed upon in writing between the Commission and

the defaulting state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 822

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

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

or the federal district where the Commission has its principal

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

litigation, including reasonable attorney fees.

E. 1. Upon request by a member state, the Commission shall

attempt to resolve disputes related to the Compact that arise among

member states and between member and nonmember states.

2. The Commission shall promulgate a rule providing for both

mediation and binding dispute resolution for disputes as

appropriate.

F. 1. The Commission, in the reasonable exercise of its

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

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

in the United States District Court for the District of Columbia or

the federal district where the Commission has its principal offices

against a member state in default to enforce compliance with the

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

relief sought may include both injunctive relief and damages. In

the event judicial enforcement is necessary, the prevailing member

shall be awarded all costs of such litigation, including reasonable

attorney fees.

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

the Commission. The Commission may pursue any other remedies

available under federal or state law.

ARTICLE XI

Date of Implementation, Associated Rules, Withdrawal or Amendment

A. The Compact shall come into effect on the date on which the

Compact statute is enacted into law in the tenth member state. The

provisions, which become effective at that time, shall be limited to

the powers granted to the Commission relating to assembly and the

promulgation of rules. Thereafter, the Commission shall meet and

exercise rulemaking powers necessary to the implementation and

administration of the Compact.

B. Any state that joins the Compact subsequent to the

Commission's initial adoption of the rules shall be subject to the

rules as they exist on the date on which the Compact becomes law in

that state. Any rule that has been previously adopted by the

Commission shall have the full force and effect of law on the day

the Compact becomes law in that state.

C. Any member state may withdraw from this Compact by enacting

a statute repealing the same.

1. A member state's withdrawal shall not take effect until six

(6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of

the withdrawing state's physical therapy licensing board to comply

Oklahoma Statutes - Title 59. Professions and Occupations Page 823

with the investigative and adverse action reporting requirements of

this act prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to

invalidate or prevent any physical therapy licensure agreement or

other cooperative arrangement between a member state and a nonmember

state that does not conflict with the provisions of this Compact.

E. This Compact may be amended by the member states. No

amendment to this Compact shall become effective and binding upon

any member state until it is enacted into the laws of all member

states.

ARTICLE XII

Construction and Severability

This Compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this Compact shall be

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

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

state or of the United States or the applicability thereof to any

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

validity of the remainder of this Compact and the applicability

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

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

constitution of any party state, the Compact shall remain in full

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

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

matters.
Okla. Stat. tit. 59, § 59-725.4 — OK Code / Title 59 / Section 59-725.4
Referral of patients or clients to testing center or laboratory - Disclosure of financial
Status: in_force

A. Members of the Oklahoma Real Estate Commission shall be appointed by the Governor with thelaboratory - Disclosure of financial interest or remuneration -

Disciplinary actions - Injunctions.

A. Any health or mental health care professional or health care

provider who refers patients or clients to a testing center or

laboratory shall provide written disclosure to such patient or

client or the guardian of such patient or client of any financial

interest of the professional or provider in the center or laboratory

or any remuneration received by the professional or provider for

referrals to the center or laboratory. Provided, however, that

disclosure shall not be required where:

1. The testing center or laboratory is an extension of or

ancillary to the health or mental health care professional's or

health care provider's practice;

2. The testing center or laboratory is not a separate business

entity and is not billed as a separate entity; and

3. The health or mental health care professional or health care

provider provides for and supervises the services at the facility.

B. Any person who has been determined to be in violation of

subsection A of this section by the State Board of Health, after

notice and a hearing by the Board shall be subject to a fine of not

less than One Hundred Dollars ($100.00) or more than One Thousand

Dollars ($1,000.00).

C. In addition to any other penalties or remedies provided by

law:

1. A violation of this section by a health or mental health

care professional or health care provider shall be grounds for

disciplinary action by the state agency licensing, certifying or

registering such professional or provider; and

2. A state agency licensing, certifying or registering such

professional or provider may institute an action to enjoin violation

or potential violation of this section. The action for an

injunction shall be in addition to any other action, proceeding or

remedy authorized by law.
Okla. Stat. tit. 59, § 59-888.11 — OK Code / Title 59 / Section 59-888.11
Fees
Status: in_force

The Board shall prescribe and publish, in the manner established

by its rules and regulations, fees in the amounts determined by the

Board for the following:

1. Initial license fee;

2. Renewal of license fee; and

3. Late renewal fee.
Okla. Stat. tit. 59, § 59-536.1 — OK Code / Title 59 / Section 59-536.1
Short title
Status: in_force

Sections 1 through 11 of this act shall be known and may be

cited as the "Registered Electrologist Act".
Okla. Stat. tit. 59, § 59-3201 — OK Code / Title 59 / Section 59-3201
Short title
Status: in_force

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

Anesthesiologist Assistant Act”.
Okla. Stat. tit. 59, § 59-353.1v1 — OK Code / Title 59 / Section 59-353.1v1
Definitions
Status: in_force

For the purposes of the Oklahoma Pharmacy Act:

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

meetings, work projects, and other educational courses approved by

the State Board of Pharmacy for purposes of continuing professional

education;

2. “Act” means the Oklahoma Pharmacy Act;

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

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

of a patient;

4. “Assistant pharmacist” means any person presently licensed

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

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

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

where otherwise specified;

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

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

review of a filled prescription by a licensed pharmacist or a

licensed practitioner with dispensing authority to confirm that the

medication, labeling, and packaging of the filled prescription are

accurate and meet all requirements prescribed by state and federal

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

shall not include optometrists with dispensing authority;

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

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

chemistry, whether of organic or inorganic origin;

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

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

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

preparation of drugs or devices in anticipation of prescription drug

orders based on routine, regularly observed prescribing patterns;

9. “Continuing professional education” means professional,

pharmaceutical education in the general areas of the socioeconomic

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 283

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

therapeutics of the diseased state;

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

“Rx Only” means a drug:

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

or

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

following statement: “Caution: Federal law restricts

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

veterinarian.”;

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

of Pharmacy unless context clearly indicates otherwise;

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

evaluation, and implementation of a prescription drug order

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

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

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

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

of, deliver, or supply;

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

group of chain pharmacies under common ownership and control that do

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

by law to dispense or administer prescription drugs, and the

affiliated warehouses or distributions of such entities under common

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

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

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

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

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

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

does not include the dispensing of a product pursuant to a

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

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

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

product or title shall not be required;

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

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

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

have the same meaning wherever they appear in the Oklahoma Statutes

and the rules promulgated by the Board;

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

outsourcing facilities, wholesale distributors, third-party

logistics providers, pharmacies, and all other facilities which are

engaged in dispensing, delivery, distribution, or storage of

dangerous drugs;

17. “Drugs” means all medicinal substances and preparations

recognized by the United States Pharmacopeia and National Formulary,

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or any revision thereof, and all substances and preparations

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

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

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

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

animals;

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

under the authority and responsibility of the manufacturer that is

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

drug;

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

provided by Section 375.2 of this title;

20. “Filled prescription” means a packaged prescription

medication to which a label has been affixed which contains such

information as is required by the Oklahoma Pharmacy Act;

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

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

operated by the Oklahoma Department of Veterans Affairs;

22. “Licensed practitioner” means:

a. an allopathic physician,

b. an osteopathic physician,

c. a podiatric physician,

d. a dentist,

e. a veterinarian,

f. an optometrist, or

g. a physician assistant,

licensed to practice and authorized to prescribe dangerous drugs

within the scope of practice of such practitioner;

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

to a product:

a. a person that holds an application approved under 21

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

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

product is not the subject of an approved application

or license, the person who manufactured the product,

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

subparagraph a of this paragraph that obtains the

product directly from a person described in this

subparagraph or subparagraph a of this paragraph,

c. an affiliate of a person described in subparagraph a

or b of this paragraph who receives the product

directly from a person described in this subparagraph

or in subparagraph a or b of this paragraph, or

d. a person who contracts with another to manufacture a

product;

24. “Manufacturing” means the production, preparation,

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

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drug, either directly or indirectly by extraction from substances of

natural origin or independently by means of chemical or biological

synthesis and includes any packaging or repackaging of the

substances or labeling or relabeling of its container, and the

promotion and marketing of such drugs or devices. The term

manufacturing also includes the preparation and promotion of

commercially available products from bulk compounds for resale by

licensed pharmacies, licensed practitioners, or other persons;

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

state upon which the manufacturer or distributor has placed one of

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

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

by a licensed prescriber;

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

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

drug orders to suppliers or other entities licensed to use,

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

or ultimate user;

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

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

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

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

mitigating diseases, or which is used for that purpose;

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

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

consumer and labeled in accordance with the requirements of the

statutes and regulations of this state and the federal government.

Such items shall also include medical and dental supplies and

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

the general public if such articles or preparations meet the

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

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

31. “Outsourcing facility” including “virtual outsourcing

facility” means a facility at one geographic location or address

that:

a. is engaged in the compounding of sterile drugs,

b. has elected to register as an outsourcing facility,

and

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

353b;

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

product for distribution by a manufacturer or repackager that is

intended by the manufacturer for ultimate sale to the dispenser of

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

saleable unit” means the smallest container of a product introduced

into commerce by the manufacturer or repackager that is intended by

the manufacturer or repackager for individual sale to a dispenser;

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

liability company, corporation, or association, unless the context

otherwise requires;

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

licensed in this state responsible for the management control of a

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

licensed pharmacy as provided by Section 353.18 of this title;

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

Board of Pharmacy in which prescriptions, drugs, medicines,

chemicals, and poisons are compounded or dispensed or such place

where pharmacists practice the profession of pharmacy, or a pharmacy

operated by the Oklahoma Department of Veterans Affairs;

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

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

Pharmacy to assist the pharmacist and perform nonjudgmental,

technical, manipulative, non-discretionary functions in the

prescription department under the immediate and direct supervision

of a pharmacist;

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

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

fatal changes, or which destroys living tissue with which such

substance comes into contact;

38. “Practice of pharmacy” means:

a. the interpretation and evaluation of prescription

orders,

b. the compounding, dispensing, administering, and

labeling of drugs and devices, except labeling by a

manufacturer, repackager, or distributor of

nonprescription drugs and commercially packaged legend

drugs and devices,

c. the participation in drug selection and drug

utilization reviews,

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

the maintenance of proper records thereof,

e. the responsibility for advising by counseling and

providing information, where professionally necessary

or where regulated, of therapeutic values, content,

hazards, and use of drugs and devices,

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

operations, or transactions necessary in the conduct,

operation, management, and control of a pharmacy, or

g. the provision of those acts or services that are

necessary to provide pharmaceutical care;

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

sterile products compounded in a licensed pharmacy pursuant to the

order of a licensed prescriber;

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

authorized to prescribe dangerous drugs within the scope of practice

of the person’s profession;

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

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

telephone, or other means of communication:

a. by a licensed prescriber,

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

by an Oklahoma licensed advanced practice registered

nurse, or

(2) by an Oklahoma licensed physician assistant

pursuant to a practice agreement, or

c. by an Oklahoma licensed wholesaler or distributor as

authorized in Section 353.29.1 of this title;

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

form for administration to a patient without substantial further

manufacturing, such as capsules, tablets, and lyophilized products

before reconstitution. Product does not include blood components

intended for transfusion, radioactive drugs or biologics and medical

gas;

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

person who owns or operates an establishment that repacks and

relabels a product or package for further sale or distribution

without further transaction;

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

administration, an ophthalmic or oral inhalation drug in aqueous

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

federal law;

45. “Supervising physician” means an individual holding a

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

Medical Licensure and Supervision, pursuant to the provisions of the

Oklahoma Allopathic Medical and Surgical Licensure and Supervision

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

provisions of the Oklahoma Osteopathic Medicine Act, who supervises

an advanced practice registered nurse as defined in Section 567.3a

of this title,

and who is not in training as an intern, resident, or fellow. To be

eligible to supervise an advanced practice registered nurse, such

physician shall remain in compliance with the rules promulgated by

the State Board of Medical Licensure and Supervision or the State

Board of Osteopathic Examiners;

46. “Supportive personnel” means technicians and auxiliary

supportive persons who are regularly paid employees of a pharmacy

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

353.18A of this title;

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

party logistics provider” means an entity that provides or

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coordinates warehousing, or other logistics services of a product in

interstate commerce on behalf of a manufacturer, wholesale

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

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

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

third-party logistics provider does not include shippers and the

United States Postal Service;

48. “Wholesale distributor” including “virtual wholesale

distributor” means a person other than a manufacturer, a

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

provider, or repackager engaged in wholesale distribution as defined

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

Security Act;

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

physical detention and correction of persons charged with, or

convicted of, criminal offenses or ordinance violations or persons

found guilty of civil or criminal contempt;

50. “State correctional facility” means a facility or

institution that houses a prisoner population under the jurisdiction

of the Department of Corrections;

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

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

date of that drug on the label; and

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

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

separated and includes the name, lot number, and expiration date.