Okla. Stat. tit. 59, § 59-698.14a — OK Code / Title 59 / Section 59-698.14a
Sanctions – Enforcement actions – Injunctions –
Status: in_force

Suspension or revocation of license or certificate – Complaints –

Hearings – Penalties.

Oklahoma Statutes - Title 59. Professions and Occupations Page 671

A. A range of sanctions is hereby made available to the State

Board of Veterinary Medical Examiners which includes, but is not

limited to:

1. Revocation of licensure or certification;

2. Suspension of licensure or certification;

3. Probation of licensure or certification;

4. Refusal to renew a license or certification;

5. Injunctions and other civil court actions;

6. Reprimand, censure, agreement to voluntary stipulation of

facts and imposition of terms of disciplinary action;

7. Administrative citation and administrative penalties; and

8. Prosecution through the office of the district attorney.

B. 1. The Board may take such action as the nature of the

violation requires.

2. Upon a determination that a violation has been committed,

the Board shall, by clear and convincing evidence, have the

authority to impose upon the alleged violator, the payment of costs

expended by the Board in investigating and prosecuting the cause, to

include, but not be limited to, staff time, salary and travel

expenses, witness fees and attorney fees and same shall be

considered part of the order of the Board.

3. The Board shall make report of action to any association,

organization or entity deemed appropriate for transmittal of the

public record but shall in no cause be held liable for the content

of the reported action or be made a party to action taken as a

result of the sanction imposed by the State Board of Veterinary

Medical Examiners.

C. The president or secretary-treasurer of the Board may issue

a confidential letter of concern to a licensee or certificate holder

when, though evidence does not warrant formal proceedings, there has

been noted indications of possible misconduct by the licensee or

certificate holder that could lead to serious consequences and

formal action.

D. The Board may require an applicant for licensure or

certification or a licensee or certificate holder to be examined on

the applicant's or holder's medical knowledge and skills should the

Board find, after due process, that there is probable cause to

believe the licensee or certificate holder or applicant may be

deficient in such knowledge and skills.

E. The Board may take disciplinary action or other sanctions

upon clear and convincing evidence of unprofessional or dishonorable

conduct, which shall include, but not be limited to:

1. Fraud or misrepresentation in applying for or procuring a

license or certificate to practice veterinary medicine in any

federal, state or local jurisdiction;

Oklahoma Statutes - Title 59. Professions and Occupations Page 672

2. Cheating on or attempting to cheat on or subvert in any

manner whatsoever the licensing or certificate examination or any

portion thereof;

3. The conviction of or entry of a guilty plea or plea of nolo

contendere involving a felony in this or any other jurisdiction,

whether or not related to the practice of veterinary medicine;

4. Conduct likely to deceive, defraud, or harm the public;

5. The making of a false or misleading statement regarding

one's skill or the efficacy or value of the medicine, treatment or

remedy prescribed by the licensed veterinarian or at the licensed

veterinarian's direction in the treatment of any disease or other

condition of the animal;

6. Representing to a client that a manifestly incurable

condition, sickness, disease or injury can be cured or healed;

7. Negligence in the practice of veterinary medicine;

8. Practice or other behavior that demonstrates a manifest

incapacity or incompetence to practice veterinary medicine;

9. The use of any false, fraudulent or deceptive statement in

any document connected with the practice of veterinary medicine;

10. Failure to notify the Board of current address of practice;

11. Aiding or abetting the practice of veterinary medicine by

an unlicensed, incompetent or impaired person;

12. Habitual use or abuse of alcohol or of a habit-forming drug

or chemical which impairs the ability of the licensee or certificate

holder to practice veterinary medicine;

13. Violation of any laws relating to the administration,

prescribing or dispensing of controlled dangerous substances or

violation of any laws of the federal government or any state of the

United States relative to controlled dangerous substances including,

but not limited to, prescribing, dispensing or administering opioid

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

of Title 63 of the Oklahoma Statutes;

14. Obtaining a fee by fraud or misrepresentation;

15. Directly or indirectly giving or receiving any fee,

commission, rebate or other compensation for professional services

not actually and personally rendered, not to preclude the legal

function of a lawful professional partnership, corporation or

association;

16. Failure to report to the Board any adverse action taken by

another jurisdictional body, by any peer review body, health-related

licensing or disciplinary jurisdiction, law enforcement agency or

court for acts or conduct related to the practice of veterinary

medicine;

17. Failure to report to the Board surrender of a license or

other certificate of authorization to perform functions based on the

holding of a license or certificate to practice veterinary medicine

or surrender of membership in any organization or association

Oklahoma Statutes - Title 59. Professions and Occupations Page 673

related to veterinary medicine while under investigation by that

association or organization for conduct similar to or the same as

acts which would constitute grounds for action as defined in the

Oklahoma Veterinary Practice Act;

18. Failure to furnish the Board, its staff or agents

information legally requested or failure to cooperate with a lawful

investigation conducted by or on behalf of the Board;

19. Failure to pay appropriately assessed fees or failure to

make any personal appearance required by the Board or any of its

officers;

20. The practice of veterinary medicine in the absence of a

bona fide veterinarian-client-patient relationship. The preclusion

of a veterinarian-client-patient relationship by a veterinarian who

in good faith renders or attempts to render emergency care to a

victim pursuant to a Good Samaritan application shall not constitute

grounds for discipline pursuant to the Oklahoma Veterinary Practice

Act;

21. Providing vaccinations or elective surgical procedures on

skunks, namely Mephitis mephitis (striped), Conepatus mesoleusus

(hog-nosed), and Spilogale putorius (spotted), unless the animal is

under the custody and care of a recognized zoological institution,

research facility, or person possessing an appropriate and current

wildlife permit issued by the Oklahoma Department of Wildlife

Conservation or Oklahoma Department of Agriculture; or

22. Violation of any provisions of the Oklahoma Veterinary

Practice Act or the rules and policies of the Board or of an action,

stipulation or agreement of the Board.

F. 1. The Board may commence any legal action to enforce the

provision of the Oklahoma Veterinary Practice Act and may exercise

full discretion and authority with respect to enforcement actions.

Administrative sanctions taken by the Board shall be made in

accordance with Article II of the Administrative Procedures Act, the

Oklahoma Veterinary Practice Act, and other applicable laws of this

state. The Board shall take appropriate enforcement action when

required, assuring fairness and due process to the defendant.

2. The Board or its designee may hold informal conferences to

negotiate a settlement of a dispute; provided that the conference is

agreed to in writing by all parties and said conference does not

preclude a hearing on the same matters. The Board shall not

consider the agreement binding should a hearing be held subsequent

to the agreement.

G. The Board may summarily suspend a license or certificate

prior to a formal hearing when it has found upon clear and

convincing evidence that such action is required to protect the

public or animal health or welfare or when a person under the

jurisdiction of the Board is convicted of a felony, whether or not

related to the practice of veterinary medicine; provided such action

Oklahoma Statutes - Title 59. Professions and Occupations Page 674

is taken simultaneously with proceedings for setting a formal

hearing to be held within thirty (30) days after the summary

suspension.

H. 1. The Board may issue an order to any licensee or

certificate holder, obtain an injunction or take other

administrative, civil or criminal court action against any person or

any corporation or association, its officers, or directors, to

restrain said persons from violating the provisions of the Oklahoma

Veterinary Practice Act.

2. Violations of an injunction shall be punishable as contempt

of court. No proof of actual damage to any animal shall be required

for issuance of an order or an injunction, nor shall an injunction

relieve those enjoined from administrative, civil or criminal

prosecution for violation of the Oklahoma Veterinary Practice Act.

I. 1. The State Board of Veterinary Medical Examiners may

suspend, revoke or refuse to renew the license or certificate of any

person holding license or certificate to practice veterinary

medicine in this state or place such person on probation for

unprofessional conduct, but no such suspension or revocation or

refusal to renew, or probation shall be made, unless otherwise

provided for herein, until such be cited to appear for hearing. No

such citation shall be issued except upon a sworn complaint filed

with the president or secretary-treasurer of said Board charging the

licensee or certificate holder with having been guilty of

unprofessional conduct and setting forth the particular act or acts

alleged to constitute such unprofessional conduct.

2. In the event it comes to the attention of the Board that a

violation of the rules of professional conduct may have occurred,

even though a formal complaint or charge may not have been filed,

the Board may conduct an investigation of such possible violation,

and may, upon its own motion, institute a formal complaint. In the

course of such investigation, persons appearing before the Board may

be required to testify under oath.

J. 1. Upon the filing of a complaint, either by an individual

or the Board, the citation shall be issued by the president or

secretary-treasurer of the Board over such officer's signature and

seal of the Board, setting forth the particulars of the complaint,

and giving due notice of the time and place of the hearing by the

Board. The citation shall be made returnable at the next meeting of

the Board at which hearing is set and shall be no less than thirty

(30) days after issuance of the citation;

2. The accused shall file a written answer under oath with

notice of intent to appear or be represented within twenty (20) days

after the service of the citation. Failure to respond to the

citation within the prescribed time shall constitute default;

3. The license or certificate of the accused shall be

suspended, revoked or not renewed if the charges are found, by clear

Oklahoma Statutes - Title 59. Professions and Occupations Page 675

and convincing evidence, sufficient by the Board; provided, the

president or secretary-treasurer of the Board may extend the time of

answer upon satisfactory showing that the defendant is for

reasonable cause, unable to answer within the prescribed twenty (20)

days, but in no case shall the time be extended beyond the date of

the next scheduled meeting for hearing the complaint, unless

continuance thereof be granted by the Board; and

4. All citations and subpoenas under the contemplation of the

Oklahoma Veterinary Practice Act shall be served in general

accordance with the statutes of this state applying to the service

of such documents. All provisions of the statutes of this state

relating to citations and subpoenas are hereby made applicable to

the citations and subpoenas herein provided. All the provisions of

the statutes of this state governing the taking of testimony by

depositions are made applicable to the taking of depositions

pursuant to the Oklahoma Veterinary Practice Act.

K. The Executive Director, secretary-treasurer, designee, or

prosecuting attorney for the Board, during the course of any lawful

investigation, may order or subpoena the attendance of witnesses,

the inspection of records, and premises and the production of

relevant records, books, memoranda, documents, radiographs, or other

papers or things for the investigation of matters that may come

before the Board.

L. 1. The attendance of witnesses may be compelled in such

hearings by subpoenas issued by the president or secretary-treasurer

of the Board over the seal thereof, and the president or secretary-

treasurer shall in no case refuse to issue subpoenas upon praecipe

filed therefor accompanied by the fee set by the Board by rule for

the issuance of such subpoenas.

2. If any person refuses to obey a subpoena properly served

upon such person or in the manner, the fact of such refusal shall be

certified by the secretary-treasurer of the Board over the seal

thereof to the district attorney of the county in which such service

was had, and the court shall proceed to hear said matter in

accordance with the statutes of this state then in force governing

contempt as for disobedience of its own process.

M. 1. The State of Oklahoma is a proper and necessary party in

the prosecution of all such actions and hearings before the Board in

all matters pertaining to unprofessional conduct and disciplinary

action. The Attorney General of the state, in person or by deputy,

is authorized to appear in behalf thereof. The defendant in any

such actions shall have the right to be represented by counsel.

2. The Board is empowered to enter into agreement with or

employ one or more attorneys to conduct the business of the Board in

the absence of representation by the Attorney General or designee or

in conjunction with representation by the Attorney General or

designee.

Oklahoma Statutes - Title 59. Professions and Occupations Page 676

3. The Board shall sit as a trial body and the rulings of the

Board shall be by majority vote. Appeal to the rulings thereof

shall be by petition to the district court of the district in which

the hearing was held. The secretary-treasurer of the Board shall

cause a record of all proceedings to be made and a transcript of the

proceedings or any part thereof may be obtained by payment of actual

cost of taking and preparation of transcript of such proceedings or

part thereof.

N. All final disciplinary actions, license denials, related

findings of fact and conclusions of law are matters of public

record. Voluntary surrender of and voluntary limitations on the

veterinarian's practice or license shall be public record.

O. Certificate holders or faculty of veterinary medical schools

shall report to the Board in writing any information that gives

reason to believe a veterinarian is incompetent, guilty of

unprofessional conduct or is unable to engage safely in the practice

of veterinary medicine. Cause for reporting shall be for, but not

limited to, the following instances:

1. Voluntary resignation from a professional partnership,

corporation or practice for reason of inability to practice;

2. Malpractice claims, judgments, settlements or awards;

3. Civil or criminal convictions; or

4. Other actions that indicate inability to practice with

reasonable skill and safety.

P. The Board shall consider violation of any of the Rules of

Professional Conduct a violation of the Oklahoma Veterinary Practice

Act section on unprofessional conduct and shall proceed with

disciplinary action as set out in the Oklahoma Veterinary Practice

Act.

Q. 1. In addition to other penalties prescribed by the

Oklahoma Veterinary Practice Act, any person who the Board has

determined by clear and convincing evidence to have violated any

provisions of the Oklahoma Veterinary Practice Act, or any rule or

order issued pursuant thereto shall be liable for an administrative

penalty of not more than Five Thousand Dollars ($5,000.00) for each

day that the violation continues.

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

pursuant to the provisions of paragraph 1 of this subsection, after

notice and hearing. In determining the amount of the penalty, the

Board shall, by clear and convincing evidence, include, but not be

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

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

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

ability of the person to continue to do business, and any show of

good faith in attempting to achieve compliance with the provisions

of the Oklahoma Veterinary Practice Act.

Oklahoma Statutes - Title 59. Professions and Occupations Page 677

3. All penalties collected pursuant to the provisions of this

subsection shall be deposited in the Veterinary Medical Examiners

Fund.
Okla. Stat. tit. 59, § 59-46.32 — OK Code / Title 59 / Section 59-46.32
Practice of landscape architecture - Not transferable
Status: in_force

The privilege of engaging in the practice of landscape

architecture is personal based upon the qualifications of the

individual and evidenced by the individual's license. The license

is not transferable.
Okla. Stat. tit. 59, § 59-491 — OK Code / Title 59 / Section 59-491
Practicing without a license - Penalties
Status: in_force

A. 1. Every person before practicing medicine and surgery or

any of the branches or departments of medicine and surgery, within

the meaning of the Oklahoma Allopathic Medical and Surgical

Licensure and Supervision Act, the Oklahoma Osteopathic Medicine

Act, or the Oklahoma Interventional Pain Management and Treatment

Act, within this state, must be in legal possession of the unrevoked

license or certificate issued pursuant to the Oklahoma Allopathic

Medical and Surgical Licensure and Supervision Act or the Oklahoma

Osteopathic Medicine Act.

2. Any person practicing in such manner within this state, who

is not in the legal possession of a license or certificate, shall,

upon conviction, be guilty of a Class D1 felony offense, punishable

by a fine in an amount not less than One Thousand Dollars

($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment.

3. Each day a person is in violation of any provision of this

subsection shall constitute a separate criminal offense and, in

addition, the district attorney may file a separate charge of

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

treatment or surgery performed in violation of this subsection.

4. Any person who practices medicine and surgery or any of the

branches or departments thereof without first complying with the

provisions of the Oklahoma Allopathic Medical and Surgical Licensure

and Supervision Act, the Oklahoma Osteopathic Medicine Act, or the

Oklahoma Interventional Pain Management and Treatment Act shall, in

addition to the other penalties provided therein, receive no

compensation for such medical and surgical or branches or

departments thereof services.

B. 1. If a license has been revoked or suspended pursuant to

the Oklahoma Allopathic Medical and Surgical Licensure and

Oklahoma Statutes - Title 59. Professions and Occupations Page 440

Supervision Act or the Oklahoma Osteopathic Medicine Act whether for

disciplinary reasons or for failure to renew the license, the State

Board of Medical Licensure and Supervision may, subject to rules

promulgated by the Board, assess and collect an administrative fine

not to exceed Five Thousand Dollars ($5,000.00) for each day after

revocation or suspension whether for disciplinary reasons or for

failure to renew such license that the person practices medicine and

surgery or any of the branches or departments thereof within this

state.

2. The Board may impose administrative penalties against any

person who violates any of the provisions of the Oklahoma

Interventional Pain Management and Treatment Act or any rule

promulgated pursuant thereto. The Board is authorized to initiate

disciplinary and injunctive proceedings against any person who has

violated any of the provisions of the Oklahoma Interventional Pain

Management and Treatment Act or any rule of the Board promulgated

pursuant thereto. The Board is authorized in the name of the state

to apply for relief by injunction in the established manner provided

in cases of civil procedure, without bond, to enforce the provisions

of the Oklahoma Interventional Pain Management and Treatment Act, or

to restrain any violation thereof. The members of the Board shall

not be personally liable for proceeding under this section.

3. Fines assessed shall be in addition to any criminal penalty

provided pursuant to subsection A of this section.
Okla. Stat. tit. 59, § 59-1695 — OK Code / Title 59 / Section 59-1695
Violations - Fines - Injunctions
Status: in_force

A. Any person who violates any of the provisions of the

Electrical License Act or any provision of an ordinance or

regulation enacted by a city or town by authority of the Electrical

License Act, in addition to suffering possible suspension or

revocation of a license or registration, shall, upon conviction, be

guilty of a misdemeanor and shall be punished by a fine of not less

than Two Hundred Dollars ($200.00) nor more than One Thousand

Dollars ($1,000.00), together with the costs of prosecution.

B. In addition to other penalties provided by law, if after a

hearing in accordance with the provisions of Section 1689 of this

title, the Electrical Hearing Board shall find any person to be in

violation of any of the provisions of this act, such person may be

subject to an administrative fine of not more than Five Hundred

Dollars ($500.00) for each violation. Each day a person is in

violation of this act may constitute a separate violation. The

maximum fine will not exceed One Thousand Dollars ($1,000.00). All

administrative fines collected pursuant to the provisions of this

subsection shall be deposited in the Electrical Revolving Fund.

Administrative fines imposed pursuant to this subsection shall be

enforceable in the district courts of this state.

C. The Electrical Hearing Board may make application to the

appropriate court for an order enjoining the acts or practices

prohibited by this act, and upon a showing by the Electrical Hearing

Board that the person has engaged in any of the prohibited acts or

practices, an injunction, restraining order, or other order as may

be appropriate shall be granted by the court.

D. If any electrical facilities as defined in the Electrical

License Act are in violation of the National Electrical Code set

forth in the National Fire Code (Electrical) issued by the National

Fire Protection Association, NFPA number 70, current edition, as

amended, or any ordinance or other regulation of a city or town, the

proper authorities of the state or political subdivision of the

state, in addition to other remedies, may institute appropriate

action or proceedings to prevent any illegal installation or use of

such facilities, to restrain, correct or abate any violation, or to

prevent illegal occupancy of a building or structure.
Okla. Stat. tit. 59, § 59-2095.14 — OK Code / Title 59 / Section 59-2095.14
Rules for challenging information
Status: in_force

The Administrator of Consumer Credit shall, upon approval by the

Commission on Consumer Credit, establish by rule a process whereby

mortgage brokers, mortgage lenders and mortgage loan originators may

challenge information entered into the Nationwide Multistate

Licensing System and Registry by the Administrator.
Okla. Stat. tit. 59, § 59-1750.5 — OK Code / Title 59 / Section 59-1750.5
See the following versions:
Status: in_force

OS 59-1750.5v1 (SB 235, Laws 2019, c. 246, § 4).

OS 59-1750.5v2 (HB 1373, Laws 2019, c. 363, § 57).
Okla. Stat. tit. 59, § 59-1736 — OK Code / Title 59 / Section 59-1736
Titles and abbreviations
Status: in_force

A. A person may not use the title or represent or imply that he

or she has the title of licensed dietitian or provisional licensed

dietitian or use the letters LD or PLD and may not use any facsimile

of those titles in any manner to indicate or imply that the person

Oklahoma Statutes - Title 59. Professions and Occupations Page 1227

is a licensed dietitian or provisional licensed dietitian, unless

that person holds an appropriate license.

B. A person shall not use the title or represent or imply that

he has the title of registered dietitian or the letters RD and shall

not use any facsimile of the title in any manner to indicate or

imply that the person is registered as a registered dietitian by the

Commission on Dietetic Registration, unless the person is registered

as a registered dietitian by the Commission on Dietetic

Registration.

C. Any person convicted of knowingly or intentionally violating

the provisions of subsection A or B of this section shall be guilty

of a misdemeanor.
Okla. Stat. tit. 59, § 59-887.14 — OK Code / Title 59 / Section 59-887.14
Titles and abbreviations
Status: in_force

Any person holding a license pursuant to the provisions of the

Physical Therapy Practice Act as a physical therapist may use the

title "Physical Therapist", "Registered Physical Therapist", or

"Licensed Physical Therapist", or the letters "P.T.", "R.P.T.", or

"L.P.T.", as authorized by the license obtained from the State Board

of Medical Licensure and Supervision. Any person holding a license

pursuant to the provisions of the Physical Therapy Practice Act as a

physical therapist who has earned a Doctor of Physical Therapy

degree from a program approved by a national accrediting body

recognized by the Board may use the title "Doctor of Physical

Therapy" or the letters "D.P.T.".
Okla. Stat. tit. 59, § 59-489 — OK Code / Title 59 / Section 59-489
Rules - Fees - Increasing or changing educational
Status: in_force

requirements.

The Board shall from time to time adopt such rules as may be

necessary to carry into effect the provisions of this act, and shall

have authority to establish fees not otherwise provided for in this

act; and from time to time, as the courses of instruction in medical

colleges, under the contemplation of this act, are increased or

changed, the Board is hereby directed in like manner to increase or

change its educational requirements for license to practice medicine

within the state.
Okla. Stat. tit. 59, § 59-698.30b — OK Code / Title 59 / Section 59-698.30b
Animal Technology Advisory Committee - Oversight -
Status: in_force

Members.

A. The Animal Technology Advisory Committee shall be overseen

by the Board and the Oklahoma Department of Agriculture, Food, and

Forestry and shall investigate, examine, discuss and determine

whether any new or evolving technology, procedure, method or

practice should be considered or designated an act of animal

husbandry, the practice of veterinary medicine, or added to the list

of acts not prohibited in paragraph 1 of Section 698.12 of the

Oklahoma Veterinary Practice Act.

B. The Animal Technology Advisory Committee shall be chaired by

the State Veterinarian employed by the Department who shall have the

following duties:

1. Call and give notice of all meetings of the committee;

2. Establish the agenda for the meetings of the committee;

3. Keep and maintain minutes of all meetings of the committee;

and

4. Publish and distribute all determinations of the committee

to the State Board of Veterinary Medical Examiners and Oklahoma

Department of Agriculture, Food, and Forestry.

Oklahoma Statutes - Title 59. Professions and Occupations Page 691

C. In addition to the chairperson, who shall be a nonvoting

member, the Animal Technology Advisory Committee shall be comprised

of the following voting members:

1. Two veterinarians appointed by the Board;

2. One veterinarian appointed by the head of the Oklahoma State

University Center of Veterinary Health Sciences;

3. Two individuals actively involved in the livestock industry

appointed by the Secretary of Agriculture; and

4. One faculty member of the Oklahoma State University

Department of Animal Science appointed by the head of the

Department.

D. Recommendations of the Advisory Committee shall be made by a

majority vote of the voting members of the committee and shall be

presented to the Board, in writing, for consideration and review at

least thirty (30) days before a regularly scheduled meeting of the

Board. The Board shall consider the committee recommendations and

if approved take necessary action through the rulemaking process to

adopt the rules accordingly.
Okla. Stat. tit. 59, § 59-360v1 — OK Code / Title 59 / Section 59-360v1
Pharmacy benefits manager – Contractual duties to
Status: in_force

provider.

A. The pharmacy benefits manager shall, with respect to

contracts between a pharmacy benefits manager and a provider,

including a pharmacy service administrative organization:

l. Include in such contracts the specific sources utilized to

determine the maximum allowable cost (MAC) pricing of the pharmacy,

update MAC pricing at least every seven (7) calendar days, and

establish a process for providers to readily access the MAC list

specific to that provider;

2. In order to place a drug on the MAC list, ensure that the

drug is listed as “A” or “B” rated in the most recent version of the

United States Food and Drug Administration (FDA) Approved Drug

Products with Therapeutic Equivalence Evaluations, also known as the

Orange Book, and the drug is generally available for purchase by

pharmacies in the state from national or regional wholesalers and is

not obsolete;

3. Ensure dispensing fees are not included in the calculation

of MAC price reimbursement to pharmacy providers;

4. Provide a reasonable administration appeals procedure to

allow a provider, a provider’s representative and a pharmacy service

administrative organization to contest reimbursement amounts within

fourteen (14) calendar days of the final adjusted payment date. The

Oklahoma Statutes - Title 59. Professions and Occupations Page 346

pharmacy benefits manager shall not prevent the pharmacy or the

pharmacy service administrative organization from filing

reimbursement appeals in an electronic batch format. The pharmacy

benefits manager must respond to a provider, a provider’s

representative and a pharmacy service administrative organization

who have contested a reimbursement amount through this procedure

within ten (10) calendar days. The pharmacy benefits manager must

respond in an electronic batch format to reimbursement appeals filed

in an electronic batch format. The pharmacy benefits manager shall

not require a pharmacy or pharmacy services administrative

organization to log into a system to upload individual claim appeals

or to download individual appeal responses. If a price update is

warranted, the pharmacy benefits manager shall make the change in

the reimbursement amount, permit the dispensing pharmacy to reverse

and rebill the claim in question, and make the reimbursement amount

change retroactive and effective for all contracted providers;

5. If a below-cost reimbursement appeal is denied, the PBM

shall provide the reason for the denial, including the National Drug

Code (NDC) number from, and the name of, the specific national or

regional wholesalers doing business in this state where the drug is

currently in stock and available for purchase by the dispensing

pharmacy at a price below the PBM’s reimbursement price. The PBM

shall include documented proof from the specific national or

regional wholesalers doing business in this state showing that the

drug is currently in stock and available for purchase by the

dispensing pharmacy at a price below the PBM’s reimbursement price.

If the NDC number provided by the pharmacy benefits manager is not

available below the acquisition cost obtained from the

pharmaceutical wholesaler from whom the dispensing pharmacy

purchases the majority of the prescription drugs that are dispensed,

the pharmacy benefits manager shall immediately adjust the

reimbursement amount, permit the dispensing pharmacy to reverse and

rebill the claim in question, and make the reimbursement amount

adjustment retroactive and effective for all contracted providers;

6. Any appeal that results in an increase in the reimbursement

from the PBM that continues to be below the pharmacy’s acquisition

cost shall be considered a denial under this section. Any denial of

an appeal shall follow the requirements of paragraph 5 of this

subsection; and

7. The PBM shall not require a pharmacy to collect additional

monies following a successful below-cost reimbursement appeal from

any person or entity other than the PBM who adjudicated the drug

claim, including the patient or plan sponsor.

B. The reimbursement appeal requirements in this section shall

apply to all drugs, medical products, or devices reimbursed

according to any payment methodology, including, but not limited to:

Oklahoma Statutes - Title 59. Professions and Occupations Page 347

1. Average acquisition cost, including the National Average

Drug Acquisition Cost;

2. Average manufacturer price;

3. Average wholesale price;

4. Brand effective rate or generic effective rate;

5. Discount indexing;

6. Federal upper limits;

7. Wholesale acquisition cost; and

8. Any other term that a pharmacy benefits manager or an

insurer of a health benefit plan may use to establish reimbursement

rates to a pharmacist or pharmacy for pharmacist services.

C. The pharmacy benefits manager shall not place a drug on a

MAC list, unless there are at least two therapeutically equivalent,

multiple-source drugs, generally available for purchase by

dispensing retail pharmacies from national or regional wholesalers.

D. In the event that a drug is placed on the FDA Drug Shortages

Database, pharmacy benefits managers shall reimburse claims to

pharmacies at no less than the wholesale acquisition cost for the

specific NDC number being dispensed.

E. The pharmacy benefits manager shall not require

accreditation or licensing of providers, or any entity licensed or

regulated by the State Board of Pharmacy, other than by the State

Board of Pharmacy or federal government entity as a condition for

participation as a network provider.

F. A pharmacy or pharmacist may decline to provide the

pharmacist clinical or dispensing services to a patient or pharmacy

benefits manager if the pharmacy or pharmacist is to be paid less

than the pharmacy’s cost for providing the pharmacist clinical or

dispensing services.

G. The pharmacy benefits manager shall provide a dedicated

telephone number, email address and names of the personnel with

decision-making authority regarding MAC appeals and pricing.
Okla. Stat. tit. 59, § 59-1615.1 — OK Code / Title 59 / Section 59-1615.1
Fees
Status: in_force

A. All licensing fees, renewal fees, and replacement fees shall

be amounts fixed by the Board of Examiners for Speech-Language

Pathology and Audiology. The Board shall fix the amount of the fees

so that the total fees collected will be sufficient to meet the

expenses of administering the provisions of the Speech-Language

Pathology and Audiology Licensing Act, and so there are no

unnecessary surpluses in the Speech-Language Pathology and Audiology

Licensing Fund.

B. The Board shall not fix a license fee at an amount in excess

of One Hundred Dollars ($100.00), a renewal fee at an amount in

excess of One Hundred Dollars ($100.00), or a fee for the issuance

of a license to replace a license which was lost, destroyed,

mutilated, or revoked at an amount in excess of Twenty-five Dollars

($25.00). The fees shall accompany the respective application.
Okla. Stat. tit. 59, § 59-858-362 — OK Code / Title 59 / Section 59-858-362
Vicarious liability for acts or omissions of real
Status: in_force

estate licensee.

A party to a real estate transaction shall not be vicariously

liable for the acts or omissions of a real estate licensee who is

Oklahoma Statutes - Title 59. Professions and Occupations Page 733

providing brokerage services under Sections 858-351 through 858-363

of The Oklahoma Real Estate License Code.
Okla. Stat. tit. 59, § 59-858-351 — OK Code / Title 59 / Section 59-858-351
Definitions
Status: in_force

Unless the context clearly indicates otherwise, as used in

Sections 858-351 through 858-363 of The Oklahoma Real Estate License

Code and Section 3 of this act:

1. “Broker” means a real estate broker, an associated broker

associate, sales associate, or provisional sales associate

authorized by a real estate broker to provide brokerage services;

2. “Brokerage services” means those services provided by a

broker to a party in a transaction;

3. “Deed theft” means to:

a. intentionally alter, falsify, forge, or misrepresent a

document relating to real property with the intent to

deceive, defraud, or unlawfully transfer or encumber

the ownership rights of the owner of the real

property,

b. misrepresent oneself as the owner or authorized

representative of the owner of real property in order

to obtain ownership or possession of such real

property, or

c. with intent to defraud, take, obtain, steal, or

transfer title or ownership of real property by fraud,

forgery, larceny, or any other fraudulent or deceptive

practice;

4. “Firm” means a sole proprietor, corporation, association, or

partnership;

5. “Party” means a person who is a seller, buyer, landlord, or

tenant or a person who is involved in an option or exchange; and

6. “Transaction” means an activity or process to buy, sell,

lease, rent, option, or exchange real estate. Such activities or

processes may include, without limitation, soliciting, advertising,

showing, or viewing real property, presenting offers or

counteroffers, entering into agreements, and closing such

agreements.
Okla. Stat. tit. 59, § 59-1820.7 — OK Code / Title 59 / Section 59-1820.7
Powers and duties of committee
Status: in_force

The Fire Extinguisher Industry Committee shall have the

following powers and duties:

1. To assist the State Fire Marshal in licensing and otherwise

regulating persons engaged in a fire extinguisher industry business;

2. To determine qualifications of applicants pursuant to the

Fire Extinguisher Licensing Act;

3. To prescribe and adopt forms for license applications and

initiate the mailing of the application forms to all persons

requesting the applications;

4. To assist the State Fire Marshal in the denial, suspension

or revocation of licenses as provided by the Fire Extinguisher

Licensing Act;

5. To charge and collect such fees as are prescribed by the

Fire Extinguisher Licensing Act;

6. To assist the State Fire Marshal Commission in establishing

and enforcing standards governing the materials, services, and

conduct of the licensees and the employees of licensees in regard to

the fire extinguisher industry;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1296

7. To assist the State Fire Marshal Commission in promulgating

rules necessary to carry out the administration of the Fire

Extinguisher Licensing Act;

8. To investigate alleged violations of the provisions of the

Fire Extinguisher Licensing Act and of any rules promulgated by the

State Fire Marshal Commission;

9. To assist the State Fire Marshal Commission in establishing

categories of licenses for the Fire Extinguisher Licensing Act and

application requirements for each category including, but not

limited to, individual licenses, experience requirements,

fingerprints, photographs, written examinations, and fees;

10. To assist the State Fire Marshal in providing for grievance

and appeal procedures pursuant to the Administrative Procedures Act

for any person whose license is denied, revoked, or suspended; and

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

implement the Fire Extinguisher Licensing Act.
Okla. Stat. tit. 59, § 59-888.6 — OK Code / Title 59 / Section 59-888.6
See the following versions:
Status: in_force

OS 59-888.6v1 (HB 1373, Laws 2019, c. 363, § 39).

OS 59-888.6v2 (SB 1038, Laws 2019, c. 383, § 3).
Okla. Stat. tit. 59, § 59-508 — OK Code / Title 59 / Section 59-508
Revocation for fraud, misrepresentation or mistake -
Status: in_force

Misdemeanor.

A. Whenever any license has been procured or obtained by fraud

or misrepresentation on the licensure application, or was issued by

mistake; or if the diploma of graduation in medicine and surgery or

any other credentials required as necessary to the admission to the

examination for license were obtained by fraud or misrepresentation

on the licensure application, or were issued by mistake; or if the

reciprocity endorsement from another state, upon which a license has

been issued in this state, was procured by fraud or

misrepresentation, or was issued by mistake, it shall be the duty of

the State Board of Medical Licensure and Supervision to take

appropriate disciplinary action in the same manner as is provided by

the Oklahoma Allopathic Medical and Surgical Licensure and

Supervision Act for the disciplining of unprofessional conduct or in

cases of unintentional misrepresentation of information on the

licensure application, the State Board of Medical Licensure and

Supervision shall delegate to the Board secretary the ability to

issue a nondisciplinary administrative fine of up to but not more

than One Thousand Dollars ($1,000.00) per licensure applicant or to

require a continuing medical education course in ethics, or to take

both actions, to impress upon the applicant the seriousness of

completing the application truthfully.

Oklahoma Statutes - Title 59. Professions and Occupations Page 482

B. Use of fraudulent information to obtain a license shall be a

misdemeanor offense, punishable, upon conviction, by the imposition

of a fine of not less than One Thousand Dollars ($1,000.00), or by

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

by both such fine and imprisonment.
Okla. Stat. tit. 59, § 59-1683 — OK Code / Title 59 / Section 59-1683
Committee of Electrical Examiners - Membership - Term -
Status: in_force

Vacancies - Rules, regulations and examinations - Compensation -

Quorum.

A. There is hereby established the Committee of Electrical

Examiners which shall consist of seven (7) members. All members of

the Committee shall be residents of this state.

B. Beginning January 1, 2002, as the terms of members serving

on the Committee expire, six voting members of the Committee shall

be appointed by the Construction Industries Board as follows:

1. One member shall be an electrical inspector selected from a

list of names submitted by a statewide organization of electrical

inspectors;

2. One member shall be selected from a list of names submitted

by a statewide organization of electrical contractors representing

union contractors;

3. One member shall be selected from a list of names submitted

by a statewide organization representing builders and contractors;

4. One member shall be a journeyman wireman selected from a

list of names submitted by a statewide organization of union

journeymen wiremen;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1202

5. One member shall be a journeyman wireman selected from lists

of names submitted from the electrical construction industry; and

6. One member shall be selected from a list of names submitted

by a statewide organization of electrical contractors representing

nonunion contractors. The term of the initial appointee shall be

for two (2) years.

All members shall each have at least ten (10) years of active

experience as licensed electrical contractors, journeyman

electricians or as an electrical inspector. No member shall be

employed by the same person or firm as any other member of the

Committee. The terms of members so appointed shall be staggered and

shall be for two (2) years, or until their successors are appointed

and qualified.

The nonvoting member shall be designated by the Board from its

staff to serve on the Committee at the will of the Board.

C. Vacancies which may occur in the membership of the Committee

shall be filled by appointment of the Board. Each person who has

been appointed to fill a vacancy shall serve for the remainder of

the term for which the member he or she succeeds was appointed and

until his or her successor has been appointed and has qualified.

Members of the Committee may be removed from office by the Board for

cause in the manner provided by law for the removal of officers not

subject to impeachment.

D. The Committee shall assist and advise the Board on all

matters relating to the formulation of rules and standards in

accordance with the Electrical License Act. The Committee shall

administer the examinations of applicants for licenses as electrical

contractors or journeyman electricians provided that such

examinations shall be in accordance with the provisions of the

Electrical License Act. The Committee may authorize the Board to

conduct tests on their behalf as the Committee deems necessary.

E. All members of the Committee shall be reimbursed for

expenses incurred while in the performance of their duties in

accordance with the State Travel Reimbursement Act.

F. A majority of the total membership of the Committee shall

constitute a quorum for the transaction of business.

G. The Committee shall elect from among its membership a chair,

vice-chair and secretary to serve terms of not more than one (1)

year ending on June 30 of the year designated as the end of the

officer's term. The chair or vice-chair shall preside at all

meetings. The chair, vice-chair and secretary shall perform such

duties as may be directed by the Committee. The Committee shall

meet at such times as the chair or presiding officer deems necessary

to carry out the responsibilities of the Board.
Okla. Stat. tit. 59, § 59-375.5 — OK Code / Title 59 / Section 59-375.5
Application of act
Status: in_force

The Oklahoma Durable Medical Equipment Licensing Act shall not

apply to:

1. Pharmacies and pharmacists;

2. Hospitals;

3. Ambulatory surgical centers;

4. Health care facilities owned or operated by the state or

federal government;

5. Skilled nursing facilities;

6. Assisted living facilities;

7. Prosthetic or orthotic practitioners;

8. Health care practitioners who are licensed to practice

health care in this state and who provide durable medical equipment

within the scope of their health care practice;

9. Manufacturers or wholesale distributors that do not sell or

rent durable medical equipment directly to consumers;

10. Suppliers of insulin infusion pumps and related supplies or

services; or

11. Suppliers of medical devices approved by the U.S. Food and

Drug Administration that are used in the treatment of cancerous

tumors.
Okla. Stat. tit. 59, § 59-858-726 — OK Code / Title 59 / Section 59-858-726
Uniform Standards of Professional Appraisal Practice -
Status: in_force

Compliance required.

An Oklahoma certified real estate appraiser must comply with the

current edition of the Uniform Standards of Professional Appraisal

Practice, as promulgated by the Appraisal Standards Board of the

Appraisal Foundation when involved in a federally related

transaction or a real estate-related financial transaction of the

agencies, instrumentalities and federally recognized entities as

defined and recognized by the Financial Institutions Reform,

Recovery, and Enforcement Act of 1989, or when both the appraiser

and user of appraisal services agree in writing that the work

product is an appraisal, or when a written appraisal states that it

is in compliance with the Uniform Standards of Professional

Appraisal Practice.
Okla. Stat. tit. 59, § 59-1339 — OK Code / Title 59 / Section 59-1339
Access to jails
Status: in_force

Every person who holds a valid bail bondsman's license issued by

the Insurance Commissioner and registered as required in Section 20

of this act shall be entitled to equal access to the jails of this

state for the purpose of making bond, subject to the provisions of

this act and the rules and regulations adopted and promulgated in

the manner provided by law.
Okla. Stat. tit. 59, § 59-510.1 — OK Code / Title 59 / Section 59-510.1
Guidance to allopathic physicians for recommending
Status: in_force

medical marijuana – Disciplinary action.

A. The State Board of Medical Licensure and Supervision is

hereby authorized to issue guidance to all allopathic physicians in

this state on the recommending of medical marijuana to patients.

B. The Board may take disciplinary action as provided for in

the Oklahoma Allopathic Medical and Surgical Licensure and

Supervision Act against any allopathic physician who willfully

violates or aids another in the willful violation of the provisions

of Section 420 et seq. of Title 63 of the Oklahoma Statutes or the

provisions of Enrolled House Bill No. 2612 of the 1st Session of the

57th Oklahoma Legislature.
Okla. Stat. tit. 59, § 59-858-825 — OK Code / Title 59 / Section 59-858-825
Authority to deny registration
Status: in_force

The Oklahoma Real Estate Appraiser Board may, in accordance with

the provisions of the Oklahoma Appraisal Management Company

Regulation Act relating to hearings, deny the issuance of a

registration or a renewal of a registration to an applicant on any

of the grounds enumerated in the Oklahoma Appraisal Management

Company Regulation Act.
Okla. Stat. tit. 59, § 59-1608 — OK Code / Title 59 / Section 59-1608
Removal of Board members
Status: in_force

The Governor may remove any member of the Board of Examiners for

Speech-Language Pathology and Audiology for misconduct, incompetence

or neglect of duty, after giving the member a written statement of

charges, and opportunity for a hearing.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1182
Okla. Stat. tit. 59, § 59-4100.5 — OK Code / Title 59 / Section 59-4100.5
Expediting endorsement of licenses or certifications
Status: in_force

for military spouses.

A. Every agency, board or commission shall establish a

procedure to expedite endorsement of licenses or certifications for

military spouse applicants; provided, the military service member is

on active duty within this state or claims permanent residency in

this state for the six (6) months prior to assignment to active duty

or during the period of active duty.

B. Notwithstanding any other law to the contrary, each agency,

board or commission shall establish a procedure to expedite the

issuance of a license, certification or permit to perform

occupational or professional services regulated by each such board

to a person:

1. Who is certified or licensed in another state to perform

occupational or professional services in a state other than the

State of Oklahoma;

2. Whose spouse is an active-duty member of the Armed Forces of

the United States;

3. Whose spouse is subject to a military transfer to this

state; and

4. Who left employment in another state to accompany the

person's spouse to this state.

C. The procedures to expedite licensure or certification shall

include:

1. Issuing the person a license, certificate or permit, if, in

the opinion of the agency, board or commission the requirements for

certification or licensure of the other state are substantially

equivalent to those required by this state; or

2. Developing a method to authorize the person to perform

occupational or professional services regulated by the agency, board

or commission in this state by issuing the person a temporary

permit, certificate or license for a limited period of time to allow

the person to perform occupational or professional services while

completing any specific requirements in this state that were not

required in the state in which the person was licensed or certified.

D. Any state licensing or certification authority that fails to

implement rules or laws for recognizing appropriate military

training and experience for its occupational or professional

Oklahoma Statutes - Title 59. Professions and Occupations Page 1551

licensing or certification process shall be deemed in violation of

this act.
Okla. Stat. tit. 59, § 59-1800.9 — OK Code / Title 59 / Section 59-1800.9
Issuance of license - Term - Renewal and disciplinary
Status: in_force

proceedings - Expiration dates.

A. Upon receiving proper application, payment of the proper

license fee, and certification of recommendation by the Alarm,

Locksmith and Fire Sprinkler Industry Committee, the Commissioner of

Labor shall issue a license to the applicant. The license shall be

valid for a one-year term.

B. Renewal of a license shall not prohibit disciplinary

proceedings for an act committed prior to the renewal.

C. The Commissioner may adopt a system under which licenses

expire on various dates throughout the year. For any change in such

expiration dates, license fees shall be prorated on an appropriate

periodic basis.
Okla. Stat. tit. 59, § 59-15.11 — OK Code / Title 59 / Section 59-15.11
Use of titles or abbreviations
Status: in_force

A. No individual, other than as described in subparagraph d of

paragraph 34 of Section 15.1A of this title, shall assume or use the

title or designation “certified public accountant” or the

abbreviation “C.P.A.” or any other title, designation, words,

letters, abbreviation, sign, card, or device tending to indicate or

represent that such individual is a certified public accountant,

unless such individual has received a certificate as a certified

public accountant and holds a valid permit issued pursuant to the

provisions of the Oklahoma Accountancy Act or is granted practice

Oklahoma Statutes - Title 59. Professions and Occupations Page 62

privileges under Section 15.15C of this title, which also meets the

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

title. All offices in this state for the practice of public

accounting by such individual shall be maintained and registered as

required by the Oklahoma Accountancy Act.

B. No entity shall assume or use the title or designation

“certified public accountant” or the abbreviation “C.P.A.” or any

other title, designation, words, letters, abbreviation, sign, card

or device tending to indicate or represent that such entity is

composed of certified public accountants unless such entity is

registered as a firm of certified public accountants and holds a

valid permit issued pursuant to the provisions of the Oklahoma

Accountancy Act or is exempt from the registration and permit

requirements under Section 15.15C of this title. All offices in

this state for the practice of public accounting by such entity

shall be maintained and registered as required by the Oklahoma

Accountancy Act.

C. No individual, other than as described in subparagraph d of

paragraph 34 of Section 15.1A of this title, shall assume or use the

title or designation “public accountant” or the abbreviation “P.A.”

or any other title, designation, words, letters, abbreviation, sign,

card, or device tending to indicate or represent that such

individual is a public accountant, unless such individual is

licensed as a public accountant, or is a certified public accountant

and holds a valid permit issued pursuant to the provisions of the

Oklahoma Accountancy Act. All offices in this state for the

practice of public accounting by such individual shall be maintained

and registered as required by the Oklahoma Accountancy Act.

D. No entity shall assume or use the title or designation

“public accountant” or any other title, designation, words, letters,

abbreviation, sign, card, or device tending to indicate or represent

that such entity is composed of public accountants, unless such

entity is registered as a firm of public accountants and holds a

valid permit issued pursuant to the provisions of the Oklahoma

Accountancy Act. All offices in this state for the practice of

public accounting by such entity shall be maintained and registered

as required by the Oklahoma Accountancy Act.

E. No individual or entity shall assume or use the title or

designation “certified accountant”, “chartered accountant”,

“enrolled accountant”, “licensed accountant”, “registered

accountant” or any other title or designation which could be

confused with “certified public accountant” or “public accountant”,

or any of the abbreviations “CA”, “EA”, except as it relates to the

term “enrolled agent” as defined by the Internal Revenue Service,

“RA”, or “LA”, or similar abbreviations which could be confused with

“CPA” or “PA”; provided, however, that anyone who holds a valid

permit and whose offices in this state for the practice of public

Oklahoma Statutes - Title 59. Professions and Occupations Page 63

accounting are maintained and registered as required by the Oklahoma

Accountancy Act or is granted practice privileges under Section

15.12A of this title may hold oneself out to the public as an

“accountant” or “auditor”.

F. No individual or entity not holding a valid permit, not

granted practice privileges under Section 15.12A of this title, or

not exempt from the permit requirement under Section 15.15C of this

title, which also meets the requirements of paragraph 3 of

subsection A of Section 15.15 of this title, shall hold oneself or

itself out to the public as an “accountant” or “auditor” by use of

either or both of such words on any sign, card, letterhead, or in

any advertisement or directory, without specifically indicating that

such individual or entity does not hold such a permit. The

provisions of this subsection shall not be construed to prohibit any

officer, employee, partner or principal of any entity from

describing oneself by the position, title or office one holds in

such organization; nor shall this subsection prohibit any act of

public official or public employee in the performance of the duties

as such.

G. Any individual or entity who is registered with the Board

but does not hold a valid permit issued pursuant to the Oklahoma

Accountancy Act may not issue a report on financial statements of

any other person, firm, organization recognized by this state, or

governmental unit. This prohibition does not apply to an officer,

partner, or employee of any firm or organization affixing a

signature to any statement or report in reference to the financial

affairs of such firm or organization with any wording designating

the position, title, or office that is held therein; nor prohibit

any act of a public official or employee in the performance of the

duties as such.
Okla. Stat. tit. 59, § 59-1936 — OK Code / Title 59 / Section 59-1936
Examinations
Status: in_force

A. Examinations for licensure shall be held at such times, at

such place, and in such manner as the State Board of Behavioral

Health Licensure directs. The examination shall be held at least

annually. The Board shall determine the acceptable grade on

examinations. The examination shall cover such technical,

professional, and practical subjects as relate to the practice of

behavioral science. If an applicant fails to pass the examination,

the applicant may reapply.

B. The Board shall preserve answers to any examination, and the

applicant's performance on each section, for a period of two (2)

years following the date of the examination.
Okla. Stat. tit. 59, § 59-858-712 — OK Code / Title 59 / Section 59-858-712
Examination for certification - Prerequisites
Status: in_force

A. State Certified General Appraiser - As a prerequisite to

taking the examination for certification as a State Certified

General Appraiser, an applicant shall present satisfactory evidence

to the Real Estate Appraiser Board that such applicant has

successfully completed the minimum educational requirement specified

by the Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation of courses in

subjects related to real estate appraisal from a nationally

recognized appraisal organization or college or university or

technology center school or private school approved by the Board and

such classes shall be made available on a regional basis throughout

the State of Oklahoma prior to the required examination date which

must include classroom hours related to standards of professional

practice.

B. State Certified Residential Appraiser - As a prerequisite to

taking the examination for certification as a State Certified

Residential Appraiser, an applicant shall present satisfactory

evidence to the Board that such applicant has successfully completed

the minimum educational requirement specified by the Appraiser

Qualification Criteria promulgated by the Appraiser Qualifications

Board of the Appraisal Foundation of courses in subjects related to

real estate appraisal from a nationally recognized appraisal

organization or college or university or technology center school or

private school approved by the Board and such classes shall be made

available on a regional basis throughout this state prior to the

Oklahoma Statutes - Title 59. Professions and Occupations Page 764

required examination date which must include classroom hours related

to standards of professional practice.

C. State Licensed Appraiser - As a prerequisite to taking the

examination for certification as a State Licensed Appraiser, an

applicant shall present satisfactory evidence to the Board that such

applicant has successfully completed the minimum education

requirement specified by the Appraiser Qualification Criteria

promulgated by the Appraiser Qualifications Board of the Appraisal

Foundation of courses in subjects related to real estate appraisal

from a nationally recognized appraisal organization or a college or

university or technology center school or private school approved by

the Board and such classes shall be made available on a regional

basis throughout the State of Oklahoma prior to the required

examination date which must include classroom hours related to

standards of professional practice. Provided, that any appraiser

who becomes state licensed prior to July 1, 2001, shall not be

required to complete any additional classroom hours necessary to

meet the minimum requirements of the Appraiser Qualifications Board

of the Appraisal Foundation in order to maintain certification as a

state licensed appraiser.

D. Trainee Appraiser – There shall be no examination for

certification as a Trainee Appraiser. As a prerequisite to

certification as a Trainee Appraiser, an applicant shall present

satisfactory evidence to the Board that such applicant has

successfully completed the minimum education requirement specified

by the Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation of courses in

subjects related to real estate appraisal from a nationally

recognized appraisal organization or a college or university or area

technology center school or private school approved by the Board and

such classes shall be made available on a regional basis throughout

the State of Oklahoma prior to the required examination date which

must include classroom hours related to standards of professional

practice.
Okla. Stat. tit. 59, § 59-1370.1 — OK Code / Title 59 / Section 59-1370.1
Hearing on suspension or revocation of license
Status: in_force

A. The hearings provided for by Section 1370 of Title 59 of the

Oklahoma Statutes shall be conducted by the Board itself at a

regular or special meeting of the Board. Such hearings shall be

conducted in conformity with and records made thereof as provided by

the provisions of Sections 301 through 326 of Title 75 of the

Oklahoma Statutes.

B. It shall continue to be the duty of the Attorney General to

issue his official opinion to the Board and to prosecute and defend

actions for the Board, if requested to do so.
Okla. Stat. tit. 59, § 59-858-707 — OK Code / Title 59 / Section 59-858-707
Powers and duties of Insurance Department
Status: in_force

The Insurance Department shall have the following powers and

duties:

1. The Department shall provide administrative support for the

Board including, but not limited to, office space, equipment and

furnishings, IT support, payroll and employee benefit administration

and processing, and travel and expense reimbursement, and shall

manage the Board's funds at the direction of the Board. The

Insurance Department shall be entitled to reimbursement for the

annual cost of providing administrative support. Upon invoice and a

written directive of any expenditure approved by the Director, the

Insurance Department shall process and make payment for the

expenditure from Board funds within fifteen (15) business days of

receipt of the written directive from the Board. All other Board-

directed expenditures shall be processed according to Insurance

Department policy;

2. To receive application for Oklahoma certification;

3. To establish the administrative procedures for processing

applications for Oklahoma certification;

4. To maintain a registry of the names and addresses of people

certified pursuant to the provisions of the Oklahoma Certified Real

Estate Appraisers Act and transmit such registry to the Appraisal

Subcommittee;

Oklahoma Statutes - Title 59. Professions and Occupations Page 759

5. To retain records and all application materials submitted to

it; and

6. To assist the Board in such other manner as may be

requested.
Okla. Stat. tit. 59, § 59-629 — OK Code / Title 59 / Section 59-629
Standards of preliminary education required
Status: in_force

The standards of preliminary education deemed requisite for

admission to an accredited osteopathic school, college or

institution in good standing are that an applicant shall have

completed the admission requirements of an osteopathic college

accredited by the Bureau of Professional Education of the American

Osteopathic Association.
Okla. Stat. tit. 59, § 59-1820.3 — OK Code / Title 59 / Section 59-1820.3
Definitions
Status: in_force

As used in the Fire Extinguisher Licensing Act:

1. "Committee" means the Fire Extinguisher Industry Committee;

2. "Fire extinguisher industry" means the sale, installation,

maintenance, inspection, certification, alteration, repair,

replacement, or service of portable fire extinguishers or fire

suppression systems or any combination of the foregoing activities;

3. "Fire suppression systems" and "handheld portable fire

extinguisher" means any listed or approved fire extinguisher systems

installed in compliance with the installation manuals of the

manufacturer or the applicable National Fire Protection Association

Standard and its reference as outlined in the rules established by

the State Department of Health;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1294

4. "Licensee" means any person licensed pursuant to the Fire

Extinguisher Licensing Act; and

5. "Person" means a sole proprietorship, fire partnership,

association, corporation, or other similar entity.
Okla. Stat. tit. 59, § 59-540.5 — OK Code / Title 59 / Section 59-540.5
State Board of Medical Licensure and Supervision -
Status: in_force

Powers and duties.

The State Board of Medical Licensure and Supervision shall have

the power and duty to:

1. Promulgate the rules and regulations necessary for the

performance of its duties pursuant to the provisions of the

Therapeutic Recreation Practice Act, including the requirements for

licensure, standards for training, standards for institutions for

training and standards of practice after licensure, including power

of revocation of a license;

2. Determine, as recommended by the Therapeutic Recreation

Committee, the qualifications of applicants for licensure and

determine which applicants successfully passed such examinations;

3. Determine necessary fees to carry out the provisions of the

Therapeutic Recreation Practice Act;

4. Make such investigations and inspections as are necessary to

ensure compliance with the Therapeutic Recreation Practice Act and

the rules and regulations of the Board promulgated pursuant to the

act;

5. Conduct hearings as required by the provisions of the

Administrative Procedures Act;

6. Report to the district attorney having jurisdiction or the

Attorney General any act committed by any person which may

constitute a misdemeanor pursuant to the provisions of the

Therapeutic Recreation Practice Act;

7. Initiate prosecution and civil proceedings;

8. Suspend, revoke or deny the license of any therapeutic

recreation specialist for violation of any provisions of the

Therapeutic Recreation Practice Act or rules and regulations

promulgated by the Board pursuant to this act;

9. Maintain a record listing the name of each therapeutic

recreation specialist licensed in this state;

10. Compile a list of therapeutic recreation specialists

licensed to practice in this state. The list shall be available to

any person upon application to the Board and the payment of such fee

as determined by the Board for the reasonable expense thereof

pursuant to the provisions of the Therapeutic Recreation Practice

Act; and

11. Make such expenditures and employ such personnel as it may

deem necessary for the administration of the provisions of the

Therapeutic Recreation Practice Act.
Okla. Stat. tit. 59, § 59-1264 — OK Code / Title 59 / Section 59-1264
Title and abbreviation as licensed social worker
Status: in_force

Any person who has received a license as a licensed social

worker shall have the right to use the title, Licensed Social

Worker, and the abbreviation, LSW. No other person shall assume

such title, use such abbreviation, or any word or letters, signs,

figures or devices to indicate that the person using the same is a

licensed social worker.
Okla. Stat. tit. 59, § 59-1202 — OK Code / Title 59 / Section 59-1202
Definitions
Status: in_force

As used in Section 1201 et seq. of this title: (1) the term

"forester" means a person who, by reason of his knowledge of the

natural sciences, mathematics, and the principles of forestry,

acquired by forestry education, as set forth in Section 1212 of this

title, and/or practical experience is qualified to engage in the

practice of professional forestry as hereinafter defined; (2) the

term "registered forester" means a person who has been licensed

pursuant to the act; (3) the term "practice of professional

forestry" means professional forestry services, including but not

limited to consultation, investigation, evaluation, planning, or

responsible supervisions of any forestry activities when such

professional services require the application of forestry principles

and techniques; and (4) the term "Department" means the Oklahoma

Department of Agriculture, Food, and Forestry.

Oklahoma Statutes - Title 59. Professions and Occupations Page 953
Okla. Stat. tit. 59, § 59-1741 — OK Code / Title 59 / Section 59-1741
Violation of provisions - Penalties and fines
Status: in_force

A. Any person who holds himself or herself out as a licensed

dietician, or any licensed dietician who violates any provision of

the Licensed Dietician Act shall, upon conviction, be guilty of a

misdemeanor and shall be punished by a fine of not less than Fifty

Dollars ($50.00) and not more than Five Hundred Dollars ($500.00).

Each day a violation of the provisions of the Licensed Dietician Act

occurs shall be deemed to be a separate offense.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1229

B. In addition to any fine or penalty that may be imposed

against any licensed dietitian who has been determined by the State

Board of Medical Licensure and Supervision to have violated any

provision of the Licensed Dietician Act or any rule or any order

issued pursuant to the provisions of the Licensed Dietician Act or

any person who holds himself or herself out as a licensed dietitian,

such person may be liable for the costs incurred by the Board to

implement disciplinary actions or prosecute the case. This includes

but is not limited to investigator fees, stenographer fees, attorney

fees and hearing costs.

C. All monies collected in association with these costs shall

be deposited with the State Treasurer of Oklahoma and placed in the

State Board of Medical Licensure and Supervision Fund.
Okla. Stat. tit. 59, § 59-3004 — OK Code / Title 59 / Section 59-3004
Rules – Investigations - Injunctions
Status: in_force

A. The State Board of Medical Licensure and Supervision is

hereby authorized to adopt and promulgate rules, pursuant to the

Administrative Procedures Act, that it deems necessary for the

implementation and enforcement of the Orthotics and Prosthetics

Practice Act, including but not limited to, qualifications for

licensure, qualifications for registration, renewals,

reinstatements, continuing education requirements, and fees. In so

doing the Board shall give utmost consideration to the

recommendations of the Advisory Committee on Orthotics and

Prosthetics created by Section 5 of this act.

B. The Board is hereby empowered to perform investigations,

require the production of records and other documents relating to

practices regulated by the Orthotics and Prosthetics Practice Act,

and seek injunctive relief.
Okla. Stat. tit. 59, § 59-1950 — OK Code / Title 59 / Section 59-1950
Short title
Status: in_force

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

Rental-Purchase Act".
Okla. Stat. tit. 59, § 59-2306 — OK Code / Title 59 / Section 59-2306
Licensure and registration – Qualifications - Alternative
Status: in_force

qualification contracts - Licensure and registration without

examination.

A. The State Board of Medical Licensure and Supervision, with

the assistance of the Advisory Committee on Pedorthics, shall

establish qualifications for licensure and registration under the

Oklahoma Licensed Pedorthists Act. The Board shall also provide, as

set forth herein, an alternative qualification licensure opportunity

for current practitioners in this state and for practitioners coming

into this state prior to November 1, 2004, who are unable to meet

standard qualifications.

B. To be licensed to practice pedorthics according to standard

qualifications, a person shall have passed all examinations required

for certification by an entity approved by the Board as a

certification organization for licensure purposes. Once licensed, a

pedorthist shall meet continuing education and annual renewal

requirements to maintain pedorthic licensure. The licensed

pedorthist shall also adhere to a code of ethics adopted by the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1475

Board upon recommendation of the Committee. Absent another

professional certification or credential, a licensed pedorthist

shall not diagnose, prescribe, provide prognosis, perform invasive

procedures, or make, without a prescription, any custom or

customized shoe, device, or modification addressing a medical

condition.

C. To be licensed under alternative qualification a person

shall:

1. Pass an examination, which may be an available examination

designated by the State Board of Medical Licensure and Supervision

or an examination developed by the Board; or

2. Enter into an alternative qualification contract with the

State Board of Medical Licensure and Supervision, the conditions of

which shall be based on the Board's evaluation of the applicant's

experience and the Board's determination of further experience

needed or other requirements to be met, which contract shall specify

a period of time not to exceed ten (10) years for completion of the

further experience or requirements.

D. Upon execution of the alternative qualification contract,

the Board shall issue a license and shall renew the license subject

to the licensee’s making satisfactory progress as required by the

contract. Persons who satisfactorily complete the alternative

qualification contract shall be thereafter considered as having met

the qualification necessary for license renewal.

E. No person shall be permitted to enter into an alternative

qualification contract after October 31, 2004. A person who has not

done so by October 31, 2004, shall not be issued a license to

practice pedorthics without meeting standard qualifications.

F. Notwithstanding any other provision of this section, a

person who has practiced full time during the three-year period

immediately preceding the effective date of this act in a pedorthic

facility as a pedorthist, may file an application with the Board

within ninety (90) days from the effective date of this act for

permission to continue to practice at his or her identified level of

practice. The Board, after verifying the applicant’s work history

and receiving payment of the application fee as established pursuant

to this act, shall without examination of the applicant, issue the

applicant a license or certificate of registration. For making

investigations necessary to verify the work history, the Board may

require that the applicant complete a questionnaire regarding the

work history and scope of practice. The Board shall take no more

than six (6) months to make the investigations necessary to verify

the work history. Applicants applying after the ninety-day

application period of this subsection has expired, shall meet the

qualifications elsewhere set forth for standard or alternative

qualification for licensure or for registration as determined by the

Board.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1476
Okla. Stat. tit. 59, § 59-1909 — OK Code / Title 59 / Section 59-1909
Licenses by endorsement
Status: in_force

The State Board of Behavioral Health Licensure shall have the

power to issue a license by endorsement to an applicant licensed in

another state to practice as a licensed professional counselor if

the Board deems such applicant to have qualifications comparable to

those required under the Licensed Professional Counselors Act and if

the Board finds the applicant meets the standards, provided by

rules, for license by endorsement.
Okla. Stat. tit. 59, § 59-1579 — OK Code / Title 59 / Section 59-1579
Privilege to practice via telehealth
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 1162

Member states shall recognize the right of an audiologist or

speech-language pathologist, licensed by a home state in accordance

with Section 3 of this act and under rules promulgated by the

Commission, to practice audiology or speech-language pathology in

any member state via telehealth under a privilege to practice as

provided in the Compact and rules promulgated by the Commission.
Okla. Stat. tit. 59, § 59-4100.3 — OK Code / Title 59 / Section 59-4100.3
Award of educational credits
Status: in_force

A. In addition to any other power, duty or function authorized

for institutions of higher education or career and technology

centers, each governing board shall adopt, not later than January 1,

2013, a policy authorizing the institution or career and technology

center under the board’s supervision and management to award

educational credits to a student enrolled in the institution or

career and technology center who is also honorably discharged from

the Armed Forces of the United States within three (3) years of

initial enrollment, for courses that are part of the student’s

military training or service and that meet the standards of the

American Council on Education (ACE) or equivalent standards for

awarding academic credit if the award of educational credit is based

upon the institution’s or technical career center’s admission

standards and its role, scope and mission.

B. Each governing board shall adopt necessary rules and

procedures to implement the provisions of this section effective

beginning with the 2013-2014 academic year, and continuing

thereafter.
Okla. Stat. tit. 59, § 59-1911 — OK Code / Title 59 / Section 59-1911
Failure to comply with act - Penalties
Status: in_force

A. Any person who:

1. Represents himself or herself by the title "Licensed

Professional Counselor" or "LPC" without having first complied with

the provisions of the Licensed Professional Counselors Act;

2. Otherwise offers to perform counseling services;

3. Uses the title of Licensed Professional Counselor or any

other name, style or description denoting that the person is

licensed as a licensed professional counselor; or

4. Practices counseling,

upon conviction thereof, shall be guilty of a misdemeanor and shall

be punished by imposition of a fine of not less than One Hundred

Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for

each offense and in addition may be imprisoned for a term not to

exceed six (6) months in the county jail or by both such fine and

imprisonment.

B. It shall be unlawful for any person who is not licensed or

supervised pursuant to or specifically exempt from the provisions of

the Licensed Professional Counselors Act to:

1. Advertise or otherwise offer to perform counseling services;

2. Use the title of Licensed Professional Counselor or any

other name, style or description denoting that the person is

licensed as a licensed professional counselor; or

3. Practice counseling.

Such action shall be subject to injunctive action by the State Board

of Behavioral Health Licensure.
Okla. Stat. tit. 59, § 59-1465 — OK Code / Title 59 / Section 59-1465
Display of license - Signatures and seal
Status: in_force

A license or duplicate license must be prominently displayed at

the place of business of the polygraph examiner or at the place of

internship. Each license shall be signed by the Board members and

shall be issued under the seal of the Board.
Okla. Stat. tit. 59, § 59-1151.17 — OK Code / Title 59 / Section 59-1151.17
Application for building permits - Disclosure of
Status: in_force

registration certificate number.

A. When applying for any permit required by the state or any of

its political subdivisions for roofing services or jobs, a roofing

contractor shall supply the permit-issuing official that roofing

contractor's registration certificate number issued pursuant to the

Roofing Contractor Registration Act. That official shall enter a

roofing contractor's registration number on the permit. The

registrar may investigate any roofing project for purposes of

verifying roofing contractor registration or permit verification.

Oklahoma Statutes - Title 59. Professions and Occupations Page 939

B. A person performing as a roofing contractor on his or her

own property, although exempt from the registration requirements of

the Roofing Contractor Registration Act, shall, when applying for a

permit required for the project, supply the permit-issuing official

any roofing contractor registration number, as soon as available, of

each roofing subcontractor engaged in roofing services and doing

work covered by the permit, if any. That official shall enter each

roofing contractor registration number so supplied before inspection

of the job.

C. A roofing contractor shall display his or her roofing

contractor registration number issued pursuant to the Roofing

Contractor Registration Act on every business sign, card,

correspondence, and contract used to solicit and conduct roofing

services in this state and shall display the roofing firm name,

existence of any commercial roofer endorsement, and the roofing

contractor registration number bearing the initials "OK" preceding

that registration number issued by the registrar on all vehicles

used to transport materials in the operation of the business. Such

names, endorsements, and numbers shall be printed in letters and

numerals at least two (2) inches in height in a conspicuous location

on both sides of each vehicle in contrasting color to the background

color.

D. Each registrant shall post in a conspicuous place on each

job site the name, existence of any commercial roofer endorsement,

registration number, and telephone number for the registration under

which any work is being performed, and on all media containing the

registrant's name, including but not limited to magnetic signs on

vehicles, business cards, contracts, bids, letterhead, signs, and

advertisements.
Okla. Stat. tit. 59, § 59-858-626 — OK Code / Title 59 / Section 59-858-626
Home Inspection Licensing Act 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 "Home

Inspection Licensing Act 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 pursuant to the Home

Inspection Licensing Act. All monies accruing to the credit of the

fund are hereby appropriated and may be budgeted and expended by the

Board for the purpose of implementing and enforcing the Home

Inspection Licensing Act. Expenditures from the fund shall be made

upon warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 59, § 59-1150.14 — OK Code / Title 59 / Section 59-1150.14
Soil tests to design sewage disposal systems for
Status: in_force

compensation.

Individuals registered under the Oklahoma Sanitarian and

Environmental Specialist Registration Act who are employed by the

State of Oklahoma may perform soil tests to design sewage disposal

systems for compensation during hours when they are not officially

on work status as a state employee, as defined by a state agency’s

policy and procedures. This section shall not preclude the State of

Oklahoma from receiving compensation for soil tests performed by

these individuals as part of their official state employment duties.
Okla. Stat. tit. 59, § 59-475.12b — OK Code / Title 59 / Section 59-475.12b
Licensure or certification as a professional surveyor
Status: in_force

A. Certification as a Surveyor Intern. Passing of the NCEES

Fundamentals of Surveying (FS) examination and completion of one of

the following shall be considered as minimum evidence that the

applicant is qualified for certification as a surveyor intern:

1. Graduating from a surveying program of four (4) years or

more approved by the Board and providing proof of graduation;

2. Graduating from a surveying program of two (2) years or more

approved by the Board, providing proof of graduation;

3. Graduating from a program of two (2) years or more approved

by the Board which shall include the Board-approved core curriculum,

completed with a minimum grade of C, and providing proof of

graduation;

4. Graduating from a program of four (4) years or more approved

by the Board which shall include the Board-approved core curriculum,

completed with a minimum grade of C, and providing proof of

graduation; or

5. Completing sixty (60) college credit hours approved by the

Board which shall include the Board-approved core curriculum,

Oklahoma Statutes - Title 59. Professions and Occupations Page 413

completed with a minimum grade of C, and providing proof of

successful completion of the required college credit hours. No

application will be accepted after January 1, 2026, for an applicant

qualifying under this paragraph.

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

licensure as a professional surveyor, an individual shall meet all

of the following requirements:

1. Satisfy the education and experience criteria set forth in

this act;

2. Pass the applicable examinations set forth in this act; and

3. Submit references acceptable to the Board as described in

Board rules.

C. Initial Licensure as a Professional Surveyor. An individual

meeting the education requirements pursuant to subsection A of this

section for a surveyor intern shall meet the following surveying

experience requirements as described in Board rules, which shall

include combined office and field experience satisfactory to the

Board on projects of a grade and character which indicate to the

Board the applicant may be competent to practice surveying:

1. An individual meeting the experience requirements in

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

total experience including two (2) years which shall follow the date

of the conferment of the degree; or

2. An individual meeting the experience requirements in

paragraph 2 or 3 of subsection A of this section: five (5) years of

total experience including two (2) years which shall follow the date

of the conferment of the degree; or

3. An individual meeting the experience requirements in

paragraph 4 of subsection A of this section: five (5) years of

total experience.

Upon completion of the education and experience requirements,

passing the NCEES Fundamentals of Surveying (FS) examination, the

NCEES Principles and Practice of Surveying (PS) examination, and the

Oklahoma Law and Surveying (OLS) examination, the applicant shall be

licensed as a professional surveyor, if otherwise qualified.

D. Comity Licensure for a Professional Surveyor. The following

shall be considered as minimum evidence satisfactory to the Board

that the applicant is qualified for licensure by comity as a

professional surveyor:

An individual holding a license to engage in the practice of

surveying issued by a proper authority of any state or jurisdiction,

based on requirements that do not conflict with the provisions of

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

the Board, of a standard not lower than that specified in the

applicable licensure act in effect in this state at the time such

certificate was issued may, upon application, which may include a

NCEES Record, be licensed upon passing an examination or

Oklahoma Statutes - Title 59. Professions and Occupations Page 414

examinations of such duration as established by the Board, which

shall include questions on laws, procedures and practices pertaining

to surveying in Oklahoma.
Okla. Stat. tit. 59, § 59-360v2 — OK Code / Title 59 / Section 59-360v2
Pharmacy benefits manager – Contractual duties to
Status: in_force

provider.

A. The pharmacy benefits manager shall, with respect to

contracts between a pharmacy benefits manager and a provider,

including a pharmacy service administrative organization:

l. Include in such contracts the specific sources utilized to

determine the maximum allowable cost (MAC) pricing of the pharmacy,

update MAC pricing at least every seven (7) calendar days, and

establish a process for providers to readily access the MAC list

specific to that provider;

Oklahoma Statutes - Title 59. Professions and Occupations Page 348

2. In order to place a drug on the MAC list, ensure that the

drug is listed as “A” or “B” rated in the most recent version of the

FDA’s Approved Drug Products with Therapeutic Equivalence

Evaluations, also known as the Orange Book, and the drug is

generally available for purchase by pharmacies in the state from

national or regional wholesalers and is not obsolete;

3. Ensure dispensing fees are not included in the calculation

of MAC price reimbursement to pharmacy providers;

4. Provide a reasonable administration appeals procedure to

allow a provider, a provider’s representative and a pharmacy service

administrative organization to contest reimbursement amounts within

fourteen (14) calendar days of the final adjusted payment date. The

pharmacy benefits manager shall not prevent the pharmacy or the

pharmacy service administrative organization from filing

reimbursement appeals in an electronic batch format. The pharmacy

benefits manager must respond to a provider, a provider’s

representative and a pharmacy service administrative organization

who have contested a reimbursement amount through this procedure

within ten (10) calendar days. The pharmacy benefits manager must

respond in an electronic batch format to reimbursement appeals filed

in an electronic batch format. The pharmacy benefits manager shall

not require a pharmacy or pharmacy services administrative

organization to log into a system to upload individual claim appeals

or to download individual appeal responses. If a price update is

warranted, the pharmacy benefits manager shall make the change in

the reimbursement amount, permit the dispensing pharmacy to reverse

and rebill the claim in question, and make the reimbursement amount

change retroactive and effective for all contracted providers; and

5. If a below-cost reimbursement appeal is denied, the PBM

shall provide the reason for the denial, including the National Drug

Code (NDC) number from, and the name of, the specific national or

regional wholesalers doing business in this state where the drug is

currently in stock and available for purchase by the dispensing

pharmacy at a price below the PBM’s reimbursement price. If the NDC

number provided by the pharmacy benefits manager is not available

below the acquisition cost obtained from the pharmaceutical

wholesaler from whom the dispensing pharmacy purchases the majority

of the prescription drugs that are dispensed, the pharmacy benefits

manager shall immediately adjust the reimbursement amount, permit

the dispensing pharmacy to reverse and rebill the claim in question,

and make the reimbursement amount adjustment retroactive and in

effect for all contracted providers for future claims billed.

B. The reimbursement appeal requirements in this section shall

apply to all drugs, medical products, or devices reimbursed

according to any payment methodology, including, but not limited to:

1. Average acquisition cost, including the National Average

Drug Acquisition Cost;

Oklahoma Statutes - Title 59. Professions and Occupations Page 349

2. Average manufacturer price;

3. Average wholesale price;

4. Brand effective rate or generic effective rate;

5. Discount indexing;

6. Federal upper limits;

7. Wholesale acquisition cost; and

8. Any other term that a pharmacy benefits manager or an

insurer of a health benefit plan may use to establish reimbursement

rates to a pharmacist or pharmacy for pharmacist services.

C. The pharmacy benefits manager shall not place a drug on a

MAC list, unless there are at least two therapeutically equivalent,

multiple-source drugs, generally available for purchase by

dispensing retail pharmacies from national or regional wholesalers.

D. In the event that a drug is placed on the FDA Drug Shortages

Database, pharmacy benefits managers shall reimburse claims to

pharmacies at no less than the wholesale acquisition cost for the

specific NDC number being dispensed.

E. The pharmacy benefits manager shall not require

accreditation or licensing of providers, or any entity licensed or

regulated by the State Board of Pharmacy, other than by the State

Board of Pharmacy or federal government entity as a condition for

participation as a network provider.

F. A pharmacy or pharmacist may decline to provide the

pharmacist clinical or dispensing services to a patient or pharmacy

benefits manager if the pharmacy or pharmacist is to be paid less

than the pharmacy’s cost for providing the pharmacist clinical or

dispensing services.

G. The pharmacy benefits manager shall provide a dedicated

telephone number, email address and names of the personnel with

decision-making authority regarding MAC appeals and pricing.

H. Any pharmacy benefits manager (PBM) that leases, rents, or

otherwise makes its provider network or contracts available to

another pharmacy benefits manager shall:

1. Provide notice to all contracted providers of the lease

arrangement and the responsibilities of each party involved; and

2. Provide contact information in each paid or rejected claim

response that notifies the provider which contract the claim is

adjudicating against, who is processing the claim, and a phone

number to address provider issues; and

3. Transmit the network reimbursement identification

information with each claim response in NCPDP field 545-2F.

I. Any pharmacy benefits manager (PBM) that leases, rents, or

otherwise makes its provider network or contracts available to

another pharmacy benefits manager shall not combine any Employee

Retirement Income Security Act (ERISA) or government plans with any

non-ERISA or nongovernment plans.

Oklahoma Statutes - Title 59. Professions and Occupations Page 350

J. 1. Effective rate contracting is hereby prohibited in all

agreements between pharmacies or contracting agents acting on behalf

of a pharmacy and a PBM or third-party payors. No PBM or third-

party payor shall enter into any contract that establishes payment

for services or medications based on an effective rate of

reimbursement.

2. Any PBM or third-party payor found to be in violation of

this section shall be subject to penalties, including, but not

limited to, fines, revocation of licensure, or other disciplinary

actions.

K. The provisions of this section shall not be waived, voided,

or nullified by contract.
Okla. Stat. tit. 59, § 59-536.4 — OK Code / Title 59 / Section 59-536.4
Board - Powers and duties
Status: in_force

The Board, acting upon the advice of the Committee, shall issue

all licenses required by the Registered Electrologist Act, and shall

exercise the following powers and duties:

1. To make rules and regulations deemed necessary to implement

the provisions of the Registered Electrologist Act;

2. To prescribe application forms for license applicants,

license certificate forms and such other forms as necessary to

implement the provisions of the Registered Electrologist Act;

3. To establish a curriculum of study for licensure in the

practice of electrolysis in this state;

Oklahoma Statutes - Title 59. Professions and Occupations Page 511

4. To prepare and conduct an examination for applicants for

licensure pursuant to the Registered Electrologist Act;

5. To keep a complete record of all licensed electrologists and

to prepare an official listing of the names and addresses of all

licensed electrologists which shall be kept current. A copy of such

listing shall be available to any person requesting it upon payment

of a copying fee established by the Board;

6. To keep a permanent record of all proceedings pursuant to

the Registered Electrologist Act;

7. To employ and establish the duties of clerical personnel

necessary to carry out the provisions of the Registered

Electrologist Act;

8. To conduct hearings to deny, revoke, suspend or refuse

renewal of licenses under the Registered Electrologist Act, and to

issue subpoenas to compel witnesses to testify or produce evidence

at such hearings in accordance with the Administrative Procedures

Act; and

9. To set the fees imposed by the provisions of the Registered

Electrologist Act in amounts that are adequate to collect sufficient

revenue to meet the expenses necessary to perform their duties

without accumulating an unnecessary surplus.
Okla. Stat. tit. 59, § 59-858-628 — OK Code / Title 59 / Section 59-858-628
Home inspection instruction
Status: in_force

A. The Committee of Home Inspector Examiners shall not approve

any school of home inspection instruction until it has received and

examined the curriculum, syllabi or program of instruction of the

school or organization conducting or offering the instruction.

B. Nothing in the Home Inspection Licensing Act shall be

construed as relieving a school of home inspection from

responsibility for compliance pursuant to law with the requirements

of any other agency.
Okla. Stat. tit. 59, § 59-2055 — OK Code / Title 59 / Section 59-2055
State Board of Examiners of Perfusionists - Powers and
Status: in_force

duties.

A. The State Board of Examiners of Perfusionists shall

promulgate rules not inconsistent with the provisions of the

Oklahoma Licensed Perfusionists Act as are necessary for the

governing of the proceedings of the Board, the performance of the

duties of the Board, the regulation of the practice of perfusion in

this state, and the enforcement of the Oklahoma Licensed

Perfusionists Act.

B. The Board shall:

1. Adopt and publish standards of professional conduct for

perfusionists and adopt an official seal;

2. Establish the qualifications and fitness of applicants for

licenses, renewal of licenses, and reciprocal licenses;

3. Examine, certify, and renew the licenses of duly qualified

applicants and establish the requirements and procedures therefor;

4. Maintain an up-to-date list of every person licensed to

practice perfusion pursuant to the Oklahoma Licensed Perfusionists

Act. The list shall show the license holder's last-known place of

employment, last-known place of residence and the date and number of

the license;

5. Cause the prosecution of all persons violating the Oklahoma

Licensed Perfusionists Act and incur necessary expenses therefor;

6. Keep a record of all proceedings of the Board and make the

record available to the public for inspection during reasonable

business hours;

7. Conduct hearings and issue subpoenas according to the

Administrative Procedures Act, the Oklahoma Licensed Perfusionists

Act, and rules promulgated by the Board.

8. Investigate or cause to be investigated alleged violations

of the Oklahoma Licensed Perfusionists Act.

9. Determine and assess administrative penalties, take or

request civil action, request criminal prosecution or take other

administrative or civil action as specifically authorized by the

Oklahoma Licensed Perfusionists Act or other law against any person

or entity who has violated any of the provisions of the Oklahoma

Licensed Perfusionists Act, rules promulgated thereunder, or any

license or order issued pursuant thereto;

10. Enter into interagency agreements or other contracts

necessary to implement the Oklahoma Licensed Perfusionists Act;

11. Share information on a case-by-case basis of any person

whose license has been suspended, revoked or denied. This

information shall include the name, social security number, type and

cause of action, date and penalty incurred, and the length of the

penalty and any other information determined necessary by the Board.

This information shall be available for public inspection during

Oklahoma Statutes - Title 59. Professions and Occupations Page 1426

reasonable business hours and shall be supplied to similar governing

boards in other states upon request;

12. Establish reasonable and necessary fees for the

administration and implementation of the Oklahoma Licensed

Perfusionists Act;

13. Provide to its members and employees, as often as

necessary, information regarding their qualifications for office or

employment under the Oklahoma Licensed Perfusionists Act and their

responsibilities under applicable laws relating to standards of

conduct for state officers or employees;

14. Establish continuing professional education programs for

licensed perfusionists and provisional licensed perfusionists

pursuant to the Oklahoma Licensed Perfusionists Act, the standards

of which shall be at least as stringent as those of the American

Board of Cardiovascular Perfusion or its successor agency, and

shall:

a. establish a minimum number of hours of continuing

education required to renew a license under the

Oklahoma Licensed Perfusionists Act,

b. develop a process to evaluate and approve continuing

education courses,

c. identify the key factors for the competent performance

by a license holder of the license holder's

professional duties, and

d. adopt a procedure to assess a license holder's

participation in continuing education programs;

15. By agreement, secure and provide for compensation for

services that the Board considers necessary to the administration

and implementation of the Oklahoma Licensed Perfusionists Act and

may employ and compensate within available funds professional

consultants, technical assistants, and employees on a full-time or

part-time basis; and

16. Enter into agreements or contracts, consistent with state

law, with outside organizations for the purpose of developing,

administering, grading, or reporting the results of examinations.

Such organizations must be capable of providing an examination

which:

a. meets the standards of the American Board of

Cardiovascular Perfusion or its successor agency,

b. is able to be validated by an independent testing

professional, and

c. is nationally recognized as testing cardiovascular

perfusion competencies.
Okla. Stat. tit. 59, § 59-356.4 — OK Code / Title 59 / Section 59-356.4
Extrapolation audit prohibited
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 339

A. For the purposes of the Pharmacy Audit Integrity Act,

“extrapolation audit” means an audit of a sample of prescription

drug benefit claims submitted by a pharmacy to the entity conducting

the audit that is then used to estimate audit results for a larger

batch or group of claims not reviewed by the auditor, including

refills not listed in the written notification in accordance with

paragraph 2 of subsection A of Section 356.2 of this title.

B. The entity conducting the audit shall not use the practice

of extrapolation in calculating recoupments or penalties for audits.
Okla. Stat. tit. 59, § 59-858-730 — OK Code / Title 59 / Section 59-858-730
Oklahoma Certified Real Estate Appraisers Revolving
Status: in_force

Fund.

There is hereby created the "Oklahoma Certified Real Estate

Appraisers Revolving Fund". The fund shall consist of all monies,

other than appropriated monies, received by the Department from fees

collected. The fund shall be a continuing fund not subject to

fiscal year limitations and shall be subject to the administrative

direction of the Department. Expenditures from the fund shall be

made upon warrants issued by the State Treasurer against claims made

to the Director of the Office of Management and Enterprise Services.

Monies may be expended for the operating expenses of the Department

and the Board and shall be made pursuant to the laws of this state.
Okla. Stat. tit. 59, § 59-1151.21 — OK Code / Title 59 / Section 59-1151.21
Contract cancellation
Status: in_force

A. When a person indicates a residential contractor will be

paid by the proceeds of a property and casualty insurance policy and

the person enters into a written contract with a residential

contractor to provide goods and services with the understanding the

insured is to pay from the proceeds of a property and casualty

insurance policy claim, the person may cancel the contract within

seventy-two (72) hours after the insured has received written notice

from the insurer that all or any part of the claim has been denied.

Cancellation is evidenced by the insured giving written notice of

Oklahoma Statutes - Title 59. Professions and Occupations Page 941

cancellation to the residential contractor at the address stated in

the contract. Notice of cancellation, if given by mail, is

effective upon deposit into the United States mail, postage prepaid

and properly addressed to the contractor. Notice of cancellation

need not take a particular form and is sufficient if it indicates,

by any form of written expression, the intention of the insured not

to be bound by the contract.

B. Before entering into a contract referred to in subsection C

of this section, the residential contractor shall:

1. Furnish the insured a statement in boldface letters in a

minimum size of twelve-point type, in substantially the following

form: “You may cancel this contract at any time within seventy-two

(72) hours after you have received written notification from your

insurer that your claim to pay for the goods and services to be

provided under this contract has been denied. See attached Notice

of Cancellation for an explanation of this right.”; and

2. Furnish the insured a Notice of Cancellation form, fully

completed in duplicate, attached to the contract, but easily

detachable, containing a statement in boldface letters in a minimum

size of ten-point type, containing the following statement:

“NOTICE OF CANCELLATION

If your insurer denies all or any part of your claim to pay for

goods and services to be provided under this contract, you may

cancel the contract by mailing or delivering a signed and dated

copy of this cancellation notice or any other written notice to

______ (name of contractor) at _______ (address of contractor’s

place of business) at any time within seventy-two (72) hours

after you have received written notice that your claim has been

denied. If you cancel, any payments made by you under the

contract will be returned to you within ten (10) business days

following receipt by the contractor of your cancellation notice.

I HEREBY CANCEL THIS TRANSACTION

______________________

(date)

______________________

(insured’s signature)”

C. Within ten (10) days after a contract referred to in

subsection A of this section has been cancelled, the contractor

shall tender to the insured any payments made by the insured and any

note or other evidence of indebtedness. If, however, the contractor

has performed any emergency services, acknowledged by the insured in

writing to be necessary to prevent damage to the premises, the

contractor is entitled to the reasonable value of such services.

D. Any violation of this section by a residential contractor

shall be considered a violation of the Roofing Contractor

Registration Act, and shall be subject to the misdemeanor penalties

prescribed in Section 1151.3 of Title 59 of the Oklahoma Statutes.

Oklahoma Statutes - Title 59. Professions and Occupations Page 942
Okla. Stat. tit. 59, § 59-3104 — OK Code / Title 59 / Section 59-3104
Loan agreement - Disclosure of credit terms - Payment of
Status: in_force

proceeds - Notices.

A. Each deferred deposit loan shall be documented by a written

agreement executed by both the lender and the debtor. The written

agreement shall contain the name or trade name of the lender, the

license number of the lender, the toll-free telephone number of the

Department of Consumer Credit, the transaction date, the loan

amount, and a statement of the total amount of fees charged. The

written agreement must expressly authorize the lender to defer

presentment or deposit of the instrument until a specific date;

provided, unless the debtor has entered into an installment payment

plan pursuant to Section 3109 of this title, such date shall be not

later than forty-five (45) days from the date the instrument is

accepted by the lender.

B. The disclosure of the credit terms of a deferred deposit

loan shall be according to and governed by the requirements of

Regulation Z. The definitions and requirements of that act,

regulation and commentary shall apply to deferred deposit loans as

if those provisions are fully set out in this act.

C. A completed copy of the written agreement and “Notice of

Cancellation” form as prescribed by the Administrator shall be given

to and acknowledged in writing by the debtor when the written

agreement is signed.

D. A lender may pay the proceeds of a deferred deposit loan to

the debtor by a business instrument, money order or cash. A lender

may not charge the debtor an additional fee for cashing the lender’s

business instrument.

E. A lender shall provide the following notices in a prominent

place on each deferred deposit loan agreement in at least twelve-

point type:

Oklahoma Statutes - Title 59. Professions and Occupations Page 1506

“A deferred deposit loan is not intended to meet long-term

financial needs. This loan should be used only to meet

short-term cash needs.”

“You have the right to rescind this deferred deposit loan no

later than 5 p.m. of the next business day following this

loan transaction.”

“If you enter into a deferred deposit loan and three

consecutive deferred deposit loans, you have the right to

pay off the fourth loan pursuant to an installment payment

plan, subject to certain conditions.”

F. A lender shall post at the licensed location a notice of the

charges, terms, and effective annual percentage rate for deferred

deposit loans made by the lender.

G. Prior to sale or assignment of instruments held by the

lender as a result of a deferred deposit loan, the lender shall

place a notice on the instrument in at least twelve-point type to

read:

“This is a deferred deposit loan instrument regulated by the

Oklahoma Department of Consumer Credit, Title 59, Sections 3101 et

seq. and any holder of this check takes it subject to all claims and

defenses of the originator.”

and shall include the address and toll-free telephone number of

the Department of Consumer Credit.

H. At the time a debtor enters into a deferred deposit loan

transaction, the lender shall provide the debtor with a pamphlet,

approved by the Administrator of Consumer Credit, describing the

availability of debt management and credit counseling services, the

debtor’s right to an installment payment plan and the debtor’s

rights and responsibilities in the transaction. The pamphlet shall

indicate a toll-free telephone number for the Administrator that the

debtor may contact to receive information relating to debt

management and credit counseling services.
Okla. Stat. tit. 59, § 59-356.6 — OK Code / Title 59 / Section 59-356.6
Tolling period during a declared disaster
Status: in_force

A. Notwithstanding any other provision of law, the ability of a

pharmacy benefits manager (PBM) to initiate, continue, or conclude

an audit of a pharmacy shall be tolled for the duration of a

declared disaster and for an additional period of thirty (30)

calendar days following the termination of a declared disaster.

Such requirement shall apply only to the pharmacies located

within the geographical boundaries of the county or counties

affected by the declared disaster.

B. The provisions of this section shall apply to all PBMs

operating within this state, and to all audits conducted pursuant to

contracts between PBMs and pharmacies.

C. This section shall not apply to:

1. Audits conducted for suspected fraudulent activity if

documented evidence of such activity exists; or

2. Audits required to comply with federal or state law

unrelated to the contractual relationship between a PBM and a

pharmacy.

D. Nothing in this section shall be construed to prohibit a

pharmacy from voluntarily agreeing to continue or complete an audit

during the tolling period, provided such agreement is documented in

writing and signed by both parties.

Oklahoma Statutes - Title 59. Professions and Occupations Page 340

E. A PBM may submit a request to the Attorney General to

continue or complete an audit during the tolling period, which the

Attorney General may grant at his or her sole discretion. Any PBM

granted such permission by the Attorney General shall do so pursuant

to the requirements of this act.
Okla. Stat. tit. 59, § 59-490 — OK Code / Title 59 / Section 59-490
Administration of oaths - Evidence and witnesses
Status: in_force

Any member of the Board shall have the authority to administer

oaths in all matters pertaining to the affairs of the Board and to

take evidence and compel the attendance of witnesses on questions

pertaining to the enforcement of this act. The trial examiner of

the Board shall have the authority to compel the attendance of

witnesses.
Okla. Stat. tit. 59, § 59-4200.12 — OK Code / Title 59 / Section 59-4200.12
Immunity
Status: in_force

A. No member of the State Board of Cosmetology and Barbering

shall bear liability or be subject to civil damages or criminal

prosecution for any action undertaken or performed within the scope

of duty imposed pursuant to the Massage Therapy Practice Act.

B. No person or legal entity providing truthful and accurate

information to the Board, whether as a report, a complaint or

testimony, shall be subject to civil damages or criminal

prosecutions.
Okla. Stat. tit. 59, § 59-858-503 — OK Code / Title 59 / Section 59-858-503
Headings
Status: in_force

Article and section headings contained in this Code shall not

affect the interpretation of the meaning or intent of any provision

of this Code.
Okla. Stat. tit. 59, § 59-1925.9 — OK Code / Title 59 / Section 59-1925.9
Reciprocal licenses
Status: in_force

The State Board of Behavioral Health Licensure shall have the

power to issue, upon application and payment of fees, a license by

endorsement for an applicant licensed in another state to practice

as a licensed marital and family therapist if the Board deems such

Oklahoma Statutes - Title 59. Professions and Occupations Page 1372

applicant to have qualifications equivalent to or which exceed those

required pursuant to the provisions of the Marital and Family

Therapist Licensure Act and if the Board finds the applicant meets

the standards, provided by rule, for license by endorsement.
Okla. Stat. tit. 59, § 59-2095.11 — OK Code / Title 59 / Section 59-2095.11
Findings required for issuance of a mortgage broker
Status: in_force

license – Definitions.

A. The Administrator of Consumer Credit shall not issue a

mortgage broker license unless the Administrator makes at a minimum

the following findings:

1. The applicant or any owner, officer, director or partner has

never had a mortgage broker or 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. Any owner, officer, director or partner of 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 broker 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;

3. The applicant’s owners, officers, directors or partners have

demonstrated financial responsibility and general fitness such as to

command the confidence of the community and to warrant a

determination that the mortgage broker 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 applicant’s owners, officers, directors or partners

have shown they are not financially responsible when they have shown

a disregard in the management of their own financial condition. A

determination that an owner, officer, director or partner 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

Oklahoma Statutes - Title 59. Professions and Occupations Page 1454

d. a pattern of seriously delinquent accounts within the

past three (3) years;

4. 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

5. The applicant has paid all required fees for issuance of the

license.

B. Each mortgage broker applicant shall designate and maintain

a principal place of business for the transaction of business. The

applicant shall specify the address of the principal place of

business and designate a licensed mortgage loan originator to

oversee the operations of the principal place of business. If an

applicant wishes to maintain one or more branch offices for the

transaction of business in addition to a principal place of

business, the applicant shall first register the branch office

location with the Administrator and designate a licensed mortgage

loan originator for each branch office to oversee the operations of

that branch office. The applicant shall submit a fee as set forth

in paragraph 8 of subsection K of Section 2095.6 of this title for

each branch office registered. If the address of the principal

place of business or of any branch office is changed, the licensee

shall immediately notify the Administrator of the change and the

Administrator shall endorse the change of address on the license for

a fee as prescribed in paragraph 6 of subsection K of Section 2095.6

of this title.

C. As used in this section:

1. “Substantially relates” means the nature of criminal conduct

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

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

responsibilities necessarily related to the occupation; and

2. “Poses a reasonable threat” means the nature of criminal

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

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

to serve the public or work with others in the occupation.
Okla. Stat. tit. 59, § 59-1006.1 — OK Code / Title 59 / Section 59-1006.1
Temporary licenses
Status: in_force

A. Within one (1) year of the date the Governor of this state

declares a state of emergency in response to a disaster involving

the destruction of dwelling units, the Construction Industries Board

shall issue a distinctively colored, nonrenewable, temporary

journeyman plumber license which shall expire one (1) year after the

date of the declaration to any person who is currently licensed as a

journeyman plumber by another state and who:

1. Submits, within ten (10) days of beginning journeyman

plumber's work in this state, an application and fee for a

journeyman plumber's examination;

2. Takes and passes the examination at the first opportunity

thereafter offered by the Board; and

3. Pays a temporary journeyman plumber's license fee to be

established by rule by the Board pursuant to Section 1000.5 of this

title.

B. Nothing in this section shall be construed as prohibiting

any person from qualifying at any time for any other license by

meeting the requirements for the other license.
Okla. Stat. tit. 59, § 59-536.11 — OK Code / Title 59 / Section 59-536.11
Violation of act - Penalties
Status: in_force

On and after July 1, 1985, any person who practices electrolysis

in violation of the provisions of the Registered Electrologist Act,

upon conviction, shall be guilty of a misdemeanor punishable by a

Oklahoma Statutes - Title 59. Professions and Occupations Page 515

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

One Thousand Dollars ($1,000.00) and costs. Each day of such

violation shall constitute a separate offense.
Okla. Stat. tit. 59, § 59-731.6 — OK Code / Title 59 / Section 59-731.6
Partial invalidity
Status: in_force

If any section, paragraph or clause of this act is for any

reason held invalid, such fact shall not affect the validity of any

other portion hereof.
Okla. Stat. tit. 59, § 59-1310 — OK Code / Title 59 / Section 59-1310
Denial, censure, suspension, revocation or refusal to
Status: in_force

renew license - Grounds – Definitions.

A. The Insurance Commissioner may deny, censure, suspend,

revoke, or refuse to renew any license issued under Sections 1301

through 1341 of this title for any of the following causes:

1. For any cause for which issuance of the license could have

been refused;

2. Violation of any laws of this state or any lawful rule,

regulation, or order of the Commissioner relating to bail;

3. Material misstatement, misrepresentation, or fraud in

obtaining the license;

4. Misappropriation, conversion, or unlawful withholding of

monies or property belonging to insurers, insureds, or others

received in the conduct of business under the license;

5. Conviction of, or having entered a plea of guilty or nolo

contendere to, any felony crime that substantially relates to the

occupation of a bail bondsman and poses a reasonable threat to

public safety;

6. Fraudulent or dishonest practices or demonstrating financial

irresponsibility in conducting business under the license;

7. Failure to comply with, or violation of any proper order,

rule, or regulation of the Commissioner;

8. Recommending any particular attorney-at-law to handle a case

in which the bail bondsman has caused a bond to be issued under the

terms of Sections 1301 through 1341 of this title;

9. When, in the judgment of the Commissioner, the licensee has,

in the conduct of affairs under the license, demonstrated

incompetency, or untrustworthiness, or conduct or practices

rendering the licensee unfit to carry on the bail bond business or

making continuance in the business detrimental to the public

interest;

10. When the licensee is no longer in good faith carrying on

the bail bond business;

11. When the licensee is guilty of rebating, or offering to

rebate, or dividing with someone other than a licensed bail

bondsman, or offering to divide commissions in the case of limited

surety agents, or premiums in the case of professional bondsmen, and

for this conduct is found by the Commissioner to be a source of

detriment, injury, or loss to the public;

12. For any materially untrue statement in the license

application;

13. Misrepresentation of the terms of any actual or proposed

bond;

14. For forging the name of another to a bond or application

for bond;

15. Cheating on an examination for licensure;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1020

16. Soliciting business in or about any place where prisoners

are confined, arraigned, or in custody;

17. For paying a fee or rebate, or giving or promising anything

of value to a jailer, trustee, police officer, law enforcement

officer, or other officer of the law, or any other person who has

power to arrest or hold in custody, or to any public official or

public employee in order to secure a settlement, compromise,

remission, or reduction of the amount of any bail bond or

estreatment thereof, or to secure delay or other advantage. This

shall not apply to a jailer, police officer, or officer of the law

who is not on duty and who assists in the apprehension of a

defendant;

18. For paying a fee or rebating or giving anything of value to

an attorney in bail bond matters, except in defense of an action on

a bond;

19. For paying a fee or rebating or giving or promising

anything of value to the principal or anyone in the behalf of the

principal;

20. Participating in the capacity of an attorney at a trial or

hearing for one on whose bond the licensee is surety;

21. Accepting anything of value from a principal, other than

the premium; provided, the bondsman shall be permitted to accept

collateral security or other indemnity from the principal which

shall be returned immediately upon final termination of liability on

the bond and upon satisfaction of all terms, conditions, and

obligations contained within the indemnity agreement; provided,

however, a bondsman shall not refuse to return collateral or other

indemnity because of nonpayment of premium. Collateral security or

other indemnity required by the bondsman shall be reasonable in

relation to the amount of the bond;

22. Willful failure to return collateral security to the

principal when the principal is entitled thereto;

23. For failing to notify the Commissioner of a change of legal

name, residence address, business address, mailing address, email

address, or telephone number within five (5) days after a change is

made, or failing to respond to a properly mailed notification within

a reasonable amount of time;

24. For failing to file a report as required by Section 1314 of

this title;

25. For filing a materially untrue monthly report;

26. For filing false affidavits regarding cancellation of the

appointment of an insurer;

27. Forcing the Commissioner to withdraw deposited monies to

pay forfeitures or any other outstanding judgments;

28. For failing to pay any fees to a district court clerk as

are required by this title or failing to pay any fees to a municipal

Oklahoma Statutes - Title 59. Professions and Occupations Page 1021

court clerk as are required by this title or by Section 28-127 of

Title 11 of the Oklahoma Statutes;

29. For uttering an insufficient or uncollected check or

electronic funds transfer to the Insurance Commissioner for any

fees, fines or other payments received by the Commissioner from the

bail bondsman;

30. For failing to pay travel expenses for the return of the

defendant to custody once having guaranteed the travel expenses;

31. The Commissioner may also refuse to renew a licensed

bondsman for failing to file all outstanding monthly bail reports,

pay any outstanding fines, pay any outstanding monthly report

reviewal fees owed to the Commissioner, or respond to a current

order issued by the Commissioner;

32. For failing to accept or claim a certified mailing from the

Insurance Department or from any district or municipal court clerk

addressed to the mailing address of the bondsman on file with the

Insurance Department; and

33. For posting a bond for any defendant without first

obtaining a written or oral agreement with the defendant or cosigner

of the bond.

B. In addition to any applicable denial, censure, suspension,

or revocation of a license, any person violating any provision of

Sections 1301 through 1341 of this title may be subject to a civil

penalty of not less than Two Hundred Fifty Dollars ($250.00) nor

more than Two Thousand Five Hundred Dollars ($2,500.00) for each

occurrence. This fine may be enforced in the same manner in which

civil judgments may be enforced. Any order for civil penalties

entered by the Commissioner or authorized decision-maker for the

Insurance Department which has become final may be filed with the

court clerk of Oklahoma County and shall then be enforced by the

judges of Oklahoma County.

C. No bail bondsman or bail bond agency shall advertise as or

hold itself out to be a surety company.

D. If any bail bondsman is convicted by any court of a

violation of any of the provisions of this act, the license of the

individual shall therefore be deemed to be immediately revoked,

without any further procedure relative thereto by the Commissioner.

E. For one (1) year after notification by the Commissioner of

an alleged violation, or for two (2) years after the last day the

person was licensed, whichever is the lesser period of time, the

Commissioner shall retain jurisdiction as to any person who cancels

his bail bondsman's license or allows the license to lapse, or

otherwise ceases to be licensed, if the person while licensed as a

bondsman allegedly violated any provision of this title. Notice and

opportunity for hearing shall be conducted in the same manner as if

the person still maintained a bondsman's license. If the

Commissioner or a hearing examiner determines that a violation of

Oklahoma Statutes - Title 59. Professions and Occupations Page 1022

the provisions of Sections 1301 through 1341 of this title occurred,

any order issued pursuant to the determination shall become a

permanent record in the file of the person and may be used if the

person should request licensure or reinstatement.

F. Any law enforcement agency, district attorney's office,

court clerk's office, or insurer that is aware that a licensed bail

bondsman has been convicted of or has pleaded guilty or nolo

contendere to any crime shall notify the Insurance Commissioner of

that fact.

G. 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, § 59-46.7v1 — OK Code / Title 59 / Section 59-46.7v1
Powers and duties of Board
Status: in_force

A. In addition to the other powers and duties imposed by law,

the Board shall have the power and duty to:

1. Prescribe such rules and to make such orders, as it may deem

necessary or expedient in the performance of its duties;

2. Prepare, conduct, and grade examinations of persons who

shall apply for the issuance of licenses and registrations to them,

and to promulgate such rules with reference thereto as it may deem

proper as a portion used to determine competency for the issuance of

licenses or registrations;

3. Work with nationally recognized licensing and registration

organizations to prepare, conduct, and grade examinations, written

or oral, of persons who shall apply for the issuance of licenses or

registrations;

4. Determine the satisfactory passing score on examinations and

issue licenses and registrations to persons who shall have passed

examinations, or who shall otherwise be entitled thereto;

5. Determine eligibility for licenses and certificates of

authority and issue them;

6. Determine eligibility for registration as a registered

commercial interior designer and for certificate of title and issue

them;

7. Promulgate rules to govern the issuing of reciprocal

licenses and registrations;

8. Upon good cause shown, as hereinafter provided, deny the

issuance of a license, registration, certificate of authority or

certificate of title or suspend, revoke, refuse to renew or issue

probation orders for licenses or registrations, and/or require

additional educational coursework and determine when the objectives

have been met;

9. Upon proper showing, reinstate or conditionally reinstate

licenses, registrations, certificates of title or certificates of

authority previously issued;

10. Review, affirm, reverse, vacate or modify its order with

respect to any such denial, suspension, revocation, probation and/or

educational coursework requirements or refusal to renew;

11. Prescribe rules governing proceedings for the denial of

issuance of a license, registration, certificate of authority or

certificate of title, suspension, revocation or refusal to renew, to

Oklahoma Statutes - Title 59. Professions and Occupations Page 98

issue probation orders and/or require additional educational

coursework and determine when the objectives have been met for

cause, and reinstate them;

12. Prescribe such penalties, as it may deem proper, to be

assessed against holders of licenses, registrations, certificates of

authority or certificates of title for the failure to pay the

biennial fee hereinafter provided for;

13. Levy civil penalties plus the legal costs incurred by the

Board to prosecute the case against any person or entity who shall

violate any of the provisions of the State Architectural and

Registered Commercial Interior Designers Act, or any rule

promulgated pursuant thereto;

14. Obtain an office, secure such facilities, and employ,

direct, discharge and define the duties and set the salaries of such

office personnel and set the salaries of such unclassified and

exempt office personnel as deemed necessary by the Board;

15. Initiate disciplinary action, prosecute and seek

injunctions against any person or entity who has violated any of the

provisions of the State Architectural and Registered Commercial

Interior Designers Act or any rule of the Board promulgated pursuant

to said act and against the owner/developer of the building type not

exempt;

16. Investigate alleged violations of the State Architectural

and Registered Commercial Interior Designers Act or of the rules,

orders or final decisions of the Board;

17. Promulgate rules of conduct governing the practice of

licensed architects, landscape architects and registered commercial

interior designers;

18. Keep accurate and complete records of proceedings, and

certify the same as may be appropriate;

19. Whenever it deems it appropriate, confer with the Attorney

General or the Attorney General's assistants in connection with all

legal matters and questions. The Board may also retain an attorney

who is licensed to practice law in this state. The attorney shall

serve at the pleasure of the Board for such compensation as may be

provided by the Board. The attorney shall advise the Board and

perform legal services for the Board with respect to any matters

properly before the Board. In addition to the above, the Board may

employ hearing examiners to conduct administrative hearings under

the provisions of the Administrative Procedures Act;

20. Prescribe by rules, fees to be charged as required by this

act;

21. Adopt rules providing for a program of continuing education

in order to ensure that all licensed architects or landscape

architects and registered commercial interior designers remain

informed of those technical and professional subjects that the Board

deems appropriate. The Board may by rule describe the methods by

Oklahoma Statutes - Title 59. Professions and Occupations Page 99

which the requirements of such program may be satisfied. Failure to

meet such requirements of continuing education shall result in

nonrenewal of the license issued to the architect or landscape

architect or nonrenewal of the registration issued to the registered

commercial interior designer;

22. Adopt rules regarding requirements for intern development

as a prerequisite for licensure or registration;

23. Give scholarships, as determined by the Board, to an

individual or individuals advancing toward obtaining an accredited

National Architectural Accreditation Board, Landscape Architectural

Accreditation Board or Council for Interior Design Accreditation

degree in one of these three professions in an Oklahoma higher

education institution; and

24. Take such other action as may be reasonably necessary or

appropriate to effectuate the State Architectural and Registered

Commercial Interior Designers Act. The Board may, at its

discretion, contract with other state agencies and nonprofit

corporations for the endowment, management, and administration of

scholarships. The requirements of such scholarships shall be

determined by the Board. However, nothing contained herein shall be

construed as requiring the Board to endow or award any scholarship.

B. The Board may use its funds to establish and conduct

instructional programs for persons who are currently licensed under

this act, persons seeking licensure, as well as refresher courses

for persons interested in obtaining adequate instruction or programs

of study to qualify them for licensure to practice. The Board may

expend its funds for these purposes and may conduct, sponsor, and

arrange for instructional programs and may carry out instructional

programs through extension courses or other media. The Board may

enter into plans or agreements with community colleges, public or

private institutions of higher learning, the State Board of

Education, the Oklahoma Department of Career and Technology

Education, or nonprofit organizations for the purpose of planning,

scheduling or arranging courses, instruction, extension courses, or

assisting in obtaining courses of study or programs in the fields of

architecture, landscape architecture, or commercial interior design.

The Board shall encourage the educational institutions in Oklahoma

to offer courses necessary to complete the educational requirements

of Section 46.1 et seq. of this title. For the purpose of carrying

out these objectives, the Board may adopt rules as may be necessary

for educational programs, instruction, extension services or for

entering into plans or contracts with persons or educational

institutions and the Oklahoma Department of Career and Technology

Education.
Okla. Stat. tit. 59, § 59-538.1 — OK Code / Title 59 / Section 59-538.1
Short title — Laser Hair Removal Act
Status: in_force

This act shall be known and may be cited as the “Laser Hair

Removal Act”.
Okla. Stat. tit. 59, § 59-1382 — OK Code / Title 59 / Section 59-1382
Right to temporarily practice in other compact states
Status: in_force

A. Compact states shall also recognize the right of a

psychologist, licensed in a compact state in conformance with

Section 4 of this act, to practice temporarily in other compact

states, or distant states, in which the psychologist is not

licensed, as provided in the Compact.

B. To exercise the temporary authorization to practice under

the terms and provisions of this Compact, a psychologist licensed to

practice in a compact state must:

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

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

a. regionally accredited by an accrediting body

recognized by the United States Department of

Education to grant graduate degrees or authorized by

provincial statute or royal charter to grant doctoral

degrees, or

b. a foreign college or university deemed to be

equivalent to subparagraph a of this paragraph by a

foreign credential evaluation service that is a member

of the National Association of Credential Evaluation

Services (NACES) or by a recognized foreign credential

evaluation service;

2. Hold a graduate degree in psychology that meets the

following criteria:

a. the program, wherever it may be administratively

housed, must be clearly identified and labeled as a

psychology program and must specify in pertinent

Oklahoma Statutes - Title 59. Professions and Occupations Page 1096

institutional catalogues and brochures its intent to

educate and train professional psychologists,

b. the psychology program must stand as a recognizable,

coherent organizational entity within the institution,

c. there must be a clear authority and primary

responsibility for the core and specialty areas

whether or not the program cuts across administrative

lines,

d. the program must consist of an integrated, organized

sequence of study,

e. there must be an identifiable psychology faculty

sufficient in size and breadth to carry out its

responsibilities,

f. the designated director of the program must be a

psychologist and a member of the core faculty,

g. the program must have an identifiable body of students

who are matriculated in that program for a degree,

h. the program must include supervised practicum,

internship or field training appropriate to the

practice of psychology,

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

academic years of full-time graduate study for

doctoral degrees and a minimum of one (1) academic

year of full-time graduate study for master's degrees,

and

j. the program must include an acceptable residency as

defined by the rules of the Commission;

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

psychology in a home state which is a compact state;

4. No history of adverse action that violates the rules of the

Commission;

5. No criminal record history that violates the rules of the

Commission;

6. Possess a current, active interjurisdictional practice

certificate (IPC);

7. Provide attestations in regard to areas of intended practice

and work experience and provide a release of information to allow

for primary source verification in a manner specified by the

Commission; and

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

Commission.

C. A psychologist practicing in a distant state under the

temporary authorization to practice shall practice within the scope

of practice authorized by the distant state.

D. A psychologist practicing into a distant state under the

temporary authorization to practice will be subject to the distant

state's authority and law. A distant state may, in accordance with

Oklahoma Statutes - Title 59. Professions and Occupations Page 1097

that state's due process law, limit or revoke a psychologist's

temporary authorization to practice in the distant state and may

take any other necessary actions under the distant state's

applicable law to protect the health and safety of the distant

state's citizens. If a distant state takes action, the state shall

promptly notify the home state and the Commission.

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

compact state or any temporary authorization to practice in any

distant state is restricted, suspended or otherwise limited, the IPC

shall be revoked and therefore the psychologist shall not be

eligible to practice in a compact state under the temporary

authorization to practice.
Okla. Stat. tit. 59, § 59-3040.11 — OK Code / Title 59 / Section 59-3040.11
Advising clients to seek medical care – Emergency
Status: in_force

situations.

A. A licensed midwife shall advise a client in writing to seek

medical care through consultation or referral, as specified by rules

of the State Commissioner of Health, if the midwife determines that

the pregnancy, labor, delivery, postpartum period or newborn period

of a woman or newborn may not be within the scope of practice of the

midwife.

B. A licensed midwife shall call for emergency assistance in an

emergency situation that is outside of the licensed midwife's scope

of practice.
Okla. Stat. tit. 59, § 59-858-208 — OK Code / Title 59 / Section 59-858-208
Powers and duties of Commission
Status: in_force

The Oklahoma Real Estate Commission shall have the following

powers and duties:

1. To promulgate rules, prescribe administrative fees by rule,

and make orders as it may deem necessary or expedient in the

performance of its duties;

2. To administer or cause to be administered examinations to

persons who apply for the issuance of licenses;

3. To sell to other entities or governmental bodies, not

limited to the State of Oklahoma, computer testing and license

applications to recover expended research and development costs;

4. To issue licenses in the form the Commission may prescribe

to persons who have passed examinations or who otherwise are

entitled to such licenses;

5. To issue licenses to and regulate the activities of real

estate brokers, provisional sales associates, sales associates,

branch offices, nonresidents, associations, corporations, and

partnerships;

6. Upon showing good cause as provided for in The Oklahoma Real

Estate License Code, to discipline licensees, instructors and real

estate school entities by:

a. reprimand,

b. probation for a specified period of time,

Oklahoma Statutes - Title 59. Professions and Occupations Page 710

c. requiring education in addition to the educational

requirements provided by Section 858-307.2 of this

title,

d. suspending real estate licenses and approvals for

specified periods of time,

e. revoking real estate licenses and approvals,

f. imposing administrative fines pursuant to Section 858-

402 of this title, or

g. any combination of discipline as provided by

subparagraphs a through f of this paragraph;

7. Upon showing good cause, to modify any sanction imposed

pursuant to the provisions of this section and to reinstate

licenses;

8. To conduct, for cause, disciplinary proceedings;

9. To prescribe penalties as it may deem proper to be assessed

against licensees for the failure to pay the license renewal fees as

provided for in this Code;

10. To initiate the prosecution of any person who violates any

of the provisions of this Code;

11. To approve instructors and organizations offering courses

of study in real estate and to further require them to meet

standards to remain qualified as is necessary for the administration

of this Code;

12. To contract with attorneys and other professionals to carry

out the functions and purposes of this Code;

13. To apply for injunctions and restraining orders to enforce

the provisions of applicable laws, rules, and regulations for

violations of the Code or the rules of the Commission;

14. To create an Oklahoma Real Estate Contract Form Committee

by rule that will be required to draft and revise real estate

purchase and/or lease contracts and any related addenda for

voluntary use by real estate licensees;

15. To enter into contracts and agreements for the payment of

food and other reasonable expenses as authorized in the State Travel

Reimbursement Act necessary to host, conduct, or participate in

meetings or training sessions as is reasonable for the

administration of this Code;

16. To conduct an annual performance review of the Executive

Director and submit the report to the Legislature;

17. To enter into reciprocal agreements with other real estate

licensing regulatory jurisdictions with equivalent licensing,

education and examination requirements;

18. To issue cease and desist orders to any person or business

entity that is in violation of any provision of the Oklahoma Real

Estate License Code or administrative rule; and

19. To contract with debt collection attorneys or debt

collection entities to recover unpaid administrative fines.

Oklahoma Statutes - Title 59. Professions and Occupations Page 711
Okla. Stat. tit. 59, § 59-356.1 — OK Code / Title 59 / Section 59-356.1
Definitions – Purpose - Application
Status: in_force

A. For purposes of the Pharmacy Audit Integrity Act:

1. “Audit” means any review, inspection, or analysis conducted

by a pharmacy benefits manager (PBM) or its representative of a

pharmacy’s records, practices, or compliance with contractual

obligations;

2. “Disaster declaration” and “declared disaster” mean a

declaration issued by the Governor or the President of the United

States for an event that qualifies as a disaster including, but not

limited to, a flood, tornado, earthquake, wildfire, terrorist

attack, or other catastrophic event; and

3. “Pharmacy benefits manager” or “PBM” shall have the same

meaning as in Section 6960 of Title 36 of the Oklahoma Statutes.

B. The purpose of the Pharmacy Audit Integrity Act is to

establish minimum and uniform standards and criteria for the audit

of pharmacy records by or on behalf of certain entities.

C. The Pharmacy Audit Integrity Act shall apply to any audit of

the records of a pharmacy conducted by a managed care company,

nonprofit hospital, medical service organization, insurance company,

third-party payor, pharmacy benefits manager, a health program

administered by a department of this state, or any entity that

represents these companies, groups, or departments.

D. The Attorney General may promulgate rules to implement the

provisions of the Pharmacy Audit Integrity Act.
Okla. Stat. tit. 59, § 59-1884 — OK Code / Title 59 / Section 59-1884
Fees for certification, licensure, annual renewal of license as certified or licensed alcohol
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 36

1. Prescribe, adopt and promulgate rules to implement and enforce the provisions of the Licensed

Professional Counselors Act, including the adoption of the State Department of Health rules bylicense as certified or licensed alcohol and drug counselor -

Administration fees and revolving fund.

A. The fee for certification, licensure or annual renewal of a

certificate or license as a certified or licensed alcohol and drug

counselor, certification to provide treatment for co-occurring

disorders, approval as a supervisor or for other actions reasonable

and necessary to the proper administration of the provisions of the

Licensed Alcohol and Drug Counselors Act shall be fixed by the

Oklahoma Board of Licensed Alcohol and Drug Counselors.

B. The Board shall fix the amount of the fees so that the total

fees collected will be sufficient to meet the expenses of

administering the provisions of the Licensed Alcohol and Drug

Counselors Act and so that there are no unnecessary surpluses in the

Licensed Alcohol and Drug Counselors Revolving Fund; provided, the

Board shall not fix the certification or licensure fee at an amount

in excess of Three Hundred Dollars ($300.00), or the annual renewal

fee at an amount in excess of Two Hundred Dollars ($200.00).

C. 1. The fee for the issuance of a certificate or license to

replace a lost, destroyed or mutilated certificate or license shall

be Twenty-five Dollars ($25.00).

2. The fee shall accompany the application for a replacement

license.

D. The fee for the application and examination required

pursuant to the provisions of the Licensed Alcohol and Drug

Counselors Act shall not exceed Five Hundred Dollars ($500.00).
Okla. Stat. tit. 59, § 59-2095.24 — OK Code / Title 59 / Section 59-2095.24
Submission of reports of condition
Status: in_force

Each licensee shall submit to the Nationwide Multistate

Licensing System and Registry reports of condition, which shall be

in such form and shall contain such information as the Nationwide

Multistate Licensing System and Registry may require.
Okla. Stat. tit. 59, § 59-1731 — OK Code / Title 59 / Section 59-1731
Examinations
Status: in_force

A. To qualify for a license, an applicant shall pass a

competency examination. Examinations shall be prepared or approved

by the Board and administered to qualified applicants at least once

each calendar year.

B. An examination prescribed by the Board may be or may include

an examination given by the Commission on Dietetic Registration of

the American Dietetic Association or by a national or state testing

service in lieu of examination prepared by the Board.

C. If requested in writing by a person who fails the licensing

examination, the Board shall furnish the person with an analysis of

the person's performance on the examination.

D. If an applicant fails the examination three times, the

applicant shall furnish evidence to the Board of completed course

work taken for credit with a passing grade in the areas of weakness

before the applicant may again apply for examination.
Okla. Stat. tit. 59, § 59-4200.9 — OK Code / Title 59 / Section 59-4200.9
Out-of-state license holders - License renewal -
Status: in_force

Inactive status - Fees

A. The State Board of Cosmetology and Barbering may license an

applicant, provided that the applicant possesses a valid license or

registration to practice massage therapy issued by the appropriate

examining board under the laws of any other state or territory of

the United States, the District of Columbia or any foreign nation

and has met educational and examination requirements equal to or

exceeding those established pursuant to the Massage Therapy Practice

Act.

B. 1. Massage therapy licenses shall expire biennially.

Expiration dates shall be established by the Board through adoption

of a rule.

2. A license shall be renewed by submitting a renewal

application on a form provided by the Board.

3. A thirty-day grace period shall be allowed each license

holder after the end of the renewal period, during which time a

license may be renewed upon payment of the renewal fee and a late

fee as prescribed by the Board.

C. 1. If a massage therapy license is not renewed by the end

of the thirty-day grace period, the license shall be placed on

inactive status for a period not to exceed one (1) year. At the end

of one (1) year, if the license has not been reactivated, it shall

automatically expire.

2. If within a period of one (1) year from the date the license

was placed on inactive status the massage therapist wishes to resume

practice, the massage therapist shall notify the Board in writing

Oklahoma Statutes - Title 59. Professions and Occupations Page 1563

and, upon receipt of proof of completion of all continuing education

requirements and payment of an amount set by the Board in lieu of

all lapsed renewal fees, the license shall be restored in full.

D. The Board shall establish a schedule of reasonable and

necessary administrative fees.

E. The Board shall fix the amount of fees so that the total

fees collected shall be sufficient to meet the expenses of

administering the provisions of the Massage Therapy Practice Act

without unnecessary surpluses.
Okla. Stat. tit. 59, § 59-858-722 — OK Code / Title 59 / Section 59-858-722
Continuing education requirements - Board regulations
Status: in_force

- Requirement for reinstatement.

A. As a prerequisite to renewal of certification, a trainee,

state licensed, state certified residential or state certified

general real estate appraiser shall present evidence satisfactory to

the Real Estate Appraiser Board of having met the continuing

education requirements of this section.

B. The basic continuing education requirement of renewal of

certification shall be the completion by the applicant, during the

immediately preceding term of certification, of the minimum number

of classroom hours of instruction in courses or seminars according

to the guidelines promulgated by the Appraiser Qualifications Board.

Oklahoma Statutes - Title 59. Professions and Occupations Page 770

C. The Board shall adopt regulations for implementation of the

provisions of this section assuring that persons renewing their

certifications as trainee, state licensed, state certified

residential or state certified general real estate appraisers have

current knowledge of real property appraisal theories, practices,

and techniques which will provide a high degree of service and

protection to those members of the public with whom they deal in a

professional relationship under authority of the certification. The

regulations shall prescribe the following:

1. Policies and procedures for obtaining Board approval of

courses of instruction pursuant to subsection B of this section; and

2. Standards, monitoring methods, and systems for recording

attendance to be employed by course sponsors as a prerequisite to

Board approval of courses for credit.

D. No amendment or repeal of a regulation adopted by the Board

pursuant to this section shall operate to deprive a trainee, state

licensed, state certified residential or state certified general

real estate appraiser of credit toward renewal of certification for

any course of instruction completed by the applicant prior to the

amendment or repeal of the regulation which would have qualified for

continuing education credit under the regulation as it existed prior

to the repeal or amendment.

E. Commencing thirty (30) days after the effective date of this

act, a certification as a trainee, state licensed, state certified

residential or state certified general real estate appraiser that

has been revoked as a result of disciplinary action by the Board

shall not be reinstated unless the applicant presents evidence of

completion of the continuing education required pursuant to the

provisions of the Oklahoma Real Estate Appraisers Act. This

requirement of evidence of continuing education shall not be imposed

upon an applicant for reinstatement who has been required to

successfully complete the examination for trainee, state licensed,

state certified residential or state certified general real estate

appraiser as a condition to reinstatement of certification.
Okla. Stat. tit. 59, § 59-2039 — OK Code / Title 59 / Section 59-2039
Where respiratory practice may be performed
Status: in_force

The practice of respiratory care may be performed in any clinic,

physician's office, hospital, nursing facility, private dwelling or

other place in accordance with the prescription or verbal order of a

physician, and shall be performed under the supervision of a

qualified medical director or physician licensed to practice

medicine or surgery in this state.
Okla. Stat. tit. 59, § 59-592 — OK Code / Title 59 / Section 59-592
Partial invalidity
Status: in_force

Should any section or portion of a section of this act, be, for

any cause, adjudged invalid, only such section or portion of section

shall be thereby affected.
Okla. Stat. tit. 59, § 59-1151.27 — OK Code / Title 59 / Section 59-1151.27
Powers and duties of Committee
Status: in_force

The Committee of Roofing Examiners shall:

1. Assist and advise the Construction Industries Board on all

matters relating to the formation of rules and standards in

accordance with the provisions of the Roofing Contractor

Registration Act and the provisions of the commercial roofer

endorsement of the Roofing Contractor Registration Act;

2. Assist and advise the Board in prescribing and adopting

forms for registration and endorsement applications;

3. Assist and advise the Board on the examinations for

applicants for a commercial roofer endorsement of the Roofing

Contractor Registration Act and rules thereof, and on all matters

relating to the commercial roofer endorsement of the Roofing

Contractor Registration Act;

4. Assist and advise the Board on establishment of standards

and procedures for continuing education requirements for a

commercial roofer endorsement and procedures for all matters

pertaining to the formation of rules;

5. Approve applications for continuing education classes or

credits for a commercial roofer endorsement, and assist and advise

the Board on establishment of standards and procedures for the

approval of continuing education provider applications;

6. In its discretion, issue an advisory opinion to any

registrant, governmental official or entity substantially affected

by a rule or statute enforceable by the Board;

7. Hear requests for reconsideration of registration and

endorsement applications denied or refused by the registrar;

8. When deemed necessary by the Committee, appoint a member of

the Committee to assist in investigating an alleged violation of the

provisions of the Roofing Contractor Registration Act and of any

rules promulgated pursuant thereto. Such member then would be

Oklahoma Statutes - Title 59. Professions and Occupations Page 947

disqualified from participation as a Roofing Hearing Board member in

the same matter brought before the Roofing Hearing Board for

adjudication;

9. Develop the requirements for issuance of a registration and

endorsement by reciprocity to an applicant who is currently licensed

or registered to engage in roofing contractor work in another state

for recommendation to the Board for its rulemaking process;

10. Recommend to the Board that the Board enter into a written

reciprocity agreement with another state if the requirements for

registration in the other state are deemed by the Committee to be

substantially the same or equivalent to the requirements for

obtaining an original registration in force in this state at the

date of such registration and:

a. that one (1) year immediately prior to the date of

payment of the required fee the applicant lawfully

engaged in roofing contractor work within and under

the laws of the state pursuant to a license or

registration issued thereby authorizing such roofing

work,

b. that no disciplinary matters are pending against the

applicant in any city, state, country, territory or

province, and relating to the roofing trade in which

the applicant seeks reciprocity,

c. that the registration being reciprocated was obtained

by equivalent or substantially the same requirements

in the state wherein it was issued,

d. that there is a written agreement between the states

with equivalent or substantially similar registration

requirements, and

e. that the applicant meets all other requirements of the

Construction Industries Board Act, including payment

of the applicable license fee;

11. Have such other powers and duties as are necessary to

implement the commercial roofer endorsement of the Roofing

Contractor Registration Act; and

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

requested thereby.
Okla. Stat. tit. 59, § 59-540.11 — OK Code / Title 59 / Section 59-540.11
License without examination - Temporary licenses
Status: in_force

A. Upon payment to the State Board of Medical Licensure and

Supervision of a fee as provided by the Therapeutic Recreation

Practice Act and submission of a written application on forms

Oklahoma Statutes - Title 59. Professions and Occupations Page 524

provided by the Board, the Board may issue a license without

examination to any person who is licensed or otherwise certified as

a therapeutic recreation specialist by another state or national

certifying body which has substantially the same standards for

licensure as are required by this state pursuant to the provisions

of the Therapeutic Recreation Practice Act.

B. Upon proper application and payment of fees, the Board may

issue a temporary license to a person who has applied for a license

pursuant to the provisions of this act and who is eligible to take

the examination pursuant to the provisions of this act. The

temporary license shall be available to an applicant only with

respect to his or her first application for licensure. The

temporary license shall expire upon notice that the applicant has or

has not passed the examination.
Okla. Stat. tit. 59, § 59-3024 — OK Code / Title 59 / Section 59-3024
Commissioner of Labor, powers and duties - Fees - Deposit of revenues - License and
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 41of revenues - License and certification renewal

A. The Commissioner of Labor shall have the following powers

and duties:

1. The Commissioner shall:

a. adopt or determine standards of elevator safety,

b. license elevator contractors, elevator mechanics, and

elevator inspectors,

c. register elevator apprentices,

d. determine qualifications for examination, establish

application processes, and examine applicants for

licensure,

e. establish terms of licensure and renewal procedures,

f. attempt to achieve reciprocity agreements whereby

licenses issued by other jurisdictions may be accepted

in this state in lieu of examination,

g. establish grounds for revocation, suspension, and

nonrenewal of licenses and policies for reinstatement

Oklahoma Statutes - Title 59. Professions and Occupations Page 1493

of licenses and for imposition of lesser disciplinary

measures,

h. establish continuing education requirements,

i. provide for the inspection and certification of

elevators,

j. provide for the enforcement of the Elevator Safety

Act,

k. hear appeals pursuant to the Administrative Procedures

Act,

l. establish a procedure for the reporting and

investigation of accidents, and

m. establish a procedure to allow variances from the

literal requirement of the code;

2. The Commissioner shall publish informational brochures about

license examinations that indicate the scope of the examinations,

include suggestions about how to prepare for the examinations, and

may include sample questions of the type to be expected, but shall

never include test items that will be used in future examinations.

In no case shall information about forthcoming examinations, that is

not generally available, be given to any school, coaching service,

or individual privately; and

3. The Commissioner shall have subpoena powers and shall have

the right to seek injunctive relief to prevent the operation of

elevators lacking a certificate of operation after November 1, 2006,

or failing inspection. For any violation of the Elevator Safety

Act, the Commissioner may assess an administrative fine , which fine

may be assessed in addition to any other penalties provided pursuant

to the Elevator Safety Act. The Commissioner of Labor may

promulgate rules establishing a schedule of administrative fines for

violations of the Elevator Safety Act. Upon collection of an

assessed fine, the funds shall be deposited in the Department of

Labor Administrative Penalty Revolving Fund created in Section 11 of

this act.

B. The Commissioner of Labor may promulgate rules establishing

a schedule of administrative fees for the implementation of the

Elevator Safety Act. The following fees shall remain in effect

until such rules become effective, at which time the fees contained

in this subsection shall be superseded by rule. Fees shall be as

follows:

1. Elevator contractor examination $100.00

2. Elevator inspector examination $100.00

3. Elevator mechanic examination $100.00

4. Initial and renewal elevator

contractor license $100.00

5. Initial and renewal elevator

inspector License $ 75.00

Oklahoma Statutes - Title 59. Professions and Occupations Page 1494

6. Initial and renewal elevator

mechanic License $ 50.00

7. Annual elevator apprentice

registration $ 25.00

8. Late renewal - in addition to

license fee $ 10.00

9. Replacement of lost or mutilated

license $ 10.00

10. Reinstatement - in addition to

license fee $100.00

11. Existing elevator - certification

of operation $ 25.00

12. New elevator - inspection and

certification $150.00

13. Elevator temporary certification $ 25.00

14. Elevator temporary mechanic

license for 30 days $ 10.00

15. Labor for chief elevator inspector

or deputy elevator inspector to

perform inspection for issuance of

certificate of operation:

a. any escalator or moving walkway $125.00

b. elevator, two-four floors $ 75.00

c. elevator, five-ten floors $100.00

d. elevator, eleven floors and over $125.00

e. wheelchair lift $ 25.00

C. All revenues received shall be deposited to the Department

of Labor Revolving Fund. It is the intent of the Legislature that

fees charged pursuant to the Elevator Safety Act be adjusted to

provide sufficient income, but not substantially more than

sufficient income, to ensure elevator safety as provided by the

Elevator Safety Act. Accordingly, the Commissioner of Labor shall

make an annual study of the revenues to and expenditures from the

Department of Labor Revolving Fund related to elevator safety and

shall prepare a report indicating what fee adjustments, if any,

shall be recommended. The report shall be submitted by September 1

each year to the Director of the Office of Management and Enterprise

Services, the Chair of the Appropriations Committee of the Senate,

and the Chair of the Appropriations and Budget Committee of the

House of Representatives, and shall be filed with the Department of

Labor.

D. Licenses and certifications issued in accordance with the

provisions of the Elevator Safety Act shall be renewed according to

the following schedule:

1. Elevator contractor, elevator inspector, elevator mechanic

licenses and elevator apprentice registration shall be renewed

Oklahoma Statutes - Title 59. Professions and Occupations Page 1495

annually prior to the last day of the calendar month in which the

license or registration was initially issued;

2. Any such license, registration or certificate required by

the Elevator Safety Act not renewed by the last day of the calendar

month in which renewal is required shall be subject to a late fee as

provided by this act;

3. Any elevator contractor, elevator inspector, elevator

mechanic license or apprentice registration having been expired for

a period of not less than thirty (30) days nor more than three

hundred sixty-five (365) days shall be subject to a reinstatement

fee as provided for in the Elevator Safety Act; and

4. Any elevator contractor, elevator inspector, elevator

mechanic license or apprentice registration being expired for a

period of one (1) year or longer from the last day of the month in

which renewal was required shall be considered void and the licensee

shall be subject to all requirements for new issuance.
Okla. Stat. tit. 59, § 59-889.7 — OK Code / Title 59 / Section 59-889.7
Acceptable uses of music-therapy-related acronyms and
Status: in_force

names.

A. A licensed professional music therapist may use the letters

"LPMT" in connection with his or her name. Use of the letters "MT-

BC" is contingent upon maintenance of national certification

guidelines provided by the Certification Board for Music Therapists.

B. A person or business entity, its employees, agents or

representatives shall not use in conjunction with that person's name

or the activity of the business the words licensed music therapist,

music therapy, music therapist, the letters MT or MT-BC, or any

other words, abbreviations or insignia indicating or implying

directly or indirectly that music therapy is provided or supplied,

including the billing of services labeled as music therapy, unless

such services are provided under the direction of a licensed music

therapist licensed pursuant to the Music Therapy Practice Act.
Okla. Stat. tit. 59, § 59-1336 — OK Code / Title 59 / Section 59-1336
Penalty
Status: in_force

Any person violating any of the provisions of this act relating

to bondsman shall, upon conviction, be fined not more than Five

Thousand Dollars ($5,000.00) for each offense, or imprisoned in the

county jail for not more than one (1) year, or by both such fine and

imprisonment.

Any person acting as a bondsman without a license shall be

subject to the penalties provided in this section.
Okla. Stat. tit. 59, § 59-396.29 — OK Code / Title 59 / Section 59-396.29
Cremation – Intermingling – Liability for final
Status: in_force

disposition or cremation – Identification system – Disposition of

unclaimed remains – Military veteran.

A. The person charged by law with the duty of burying the body

of a deceased person may discharge such duty by causing the body to

be cremated as authorized and provided for in the following sections

of this article, but the body of a deceased person shall not be

disposed of by cremation, or other similar means, within the State

of Oklahoma, except in a crematory duly licensed as provided for

herein, and then only under a special permit for cremation issued in

accordance with the provisions hereof.

B. Upon the completion of each cremation, and insofar as is

practicable, all of the recoverable residue of the cremation process

shall be removed from the crematory and placed in a separate

container so that the residue may not be commingled with the

cremated remains of other persons. Cremated remains of a dead human

shall not be divided or separated without the prior written consent

of the authorizing agent.

C. A funeral director or funeral establishment that has

received express written authorization for final disposition or

cremation from the authorizing agent shall not be liable if the

final disposition or cremation is performed in accordance with the

provisions of the Funeral Services Licensing Act. The funeral

director or funeral establishment shall not be liable for following

in a reasonable fashion the instructions of any persons who falsely

represent themselves as the proper authorizing agents.

Oklahoma Statutes - Title 59. Professions and Occupations Page 391

D. Absent the receipt of a court order or other suitable

confirmation of resolution, a funeral director or funeral

establishment shall not be liable for refusing to accept human

remains for final disposition or cremation if the funeral director

or other agent of the funeral establishment:

1. Is aware of any dispute concerning the final disposition or

cremation of the human remains; or

2. Has a reasonable basis for questioning any of the

representations made by the authorizing agent.

E. Each funeral establishment which offers or performs

cremations shall maintain an identification system that ensures the

ability of the funeral establishment to identify the human remains

in its possession throughout all phases of the cremation process.

Upon completion of the cremation process, the crematory operator

shall attest to the identity of the cremated remains and the date,

time, and place the cremation process occurred on a form prescribed

by rule of the Oklahoma Funeral Board. The form shall accompany the

human remains in all phases of transportation, cremation, and return

of the cremated remains.

F. The authorizing agent is responsible for the disposition of

the cremated remains. If, after sixty (60) calendar days from the

date of cremation, the authorizing agent or the representative of

the agent has not specified the ultimate disposition or claimed the

cremated remains, the funeral establishment in possession of the

cremated remains may dispose of the cremated remains in a dignified

and humane manner in accordance with any state, county, or municipal

laws or provisions regarding the disposition of cremated remains,

except as provided in subsection G of this section. A record of

this disposition shall be made and kept by the entity making the

disposition. Upon the disposition of unclaimed cremated remains in

accordance with this subsection, the funeral establishment and

entity which disposed the cremated remains shall be discharged from

any legal obligation or liability concerning the disposition of the

cremated remains.

G. If the authorizing agent determines that the unclaimed

cremated remains are those of a military veteran, the funeral

establishment may transfer the remains to a charitable organization

approved by the Military Department of the State of Oklahoma for the

purpose of providing a dignified and honorable funeral for the

veteran at a veterans cemetery. The charitable organization shall

be listed as an exempt organization under Section 501(c) of the

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

of the veteran’s remains to the charitable organization, the funeral

establishment shall be discharged from any legal obligation or

liability concerning the disposition of the cremated remains.
Okla. Stat. tit. 59, § 59-567.3a — OK Code / Title 59 / Section 59-567.3a
Definitions
Status: in_force

As used in the Oklahoma Nursing Practice Act:

1. “Board” means the Oklahoma Board of Nursing;

2. “The practice of nursing” means the performance of services

provided for purposes of nursing diagnosis and treatment of human

responses to actual or potential health problems consistent with

educational preparation. Knowledge and skill are the basis for

assessment, analysis, planning, intervention, and evaluation used in

the promotion and maintenance of health and nursing management of

illness, injury, infirmity, restoration of optimal function, or

death with dignity. Practice is based on understanding the human

condition across the human lifespan and understanding the

relationship of the individual within the environment. This

practice includes execution of the medical regime including the

administration of medications and treatments prescribed by any

person authorized by state law to so prescribe;

3. “Registered nursing” means the practice of the full scope of

nursing which includes, but is not limited to:

a. assessing the health status of individuals, families,

and groups,

b. analyzing assessment data to determine nursing care

needs,

c. establishing goals to meet identified health care

needs,

d. planning a strategy of care,

e. establishing priorities of nursing intervention to

implement the strategy of care,

f. implementing the strategy of care,

g. delegating such tasks as may safely be performed by

others, consistent with educational preparation and

that do not conflict with the provisions of the

Oklahoma Nursing Practice Act,

h. providing safe and effective nursing care rendered

directly or indirectly,

i. evaluating responses to interventions,

j. teaching the principles and practice of nursing,

k. managing and supervising the practice of nursing,

l. collaborating with other health professionals in the

management of health care,

m. performing additional nursing functions in accordance

with knowledge and skills acquired beyond basic

nursing preparation, and

n. delegating those nursing tasks as defined in the rules

of the Board that may be performed by an Advanced

Unlicensed Assistant;

Oklahoma Statutes - Title 59. Professions and Occupations Page 553

4. “Licensed practical nursing” means the practice of nursing

under the supervision or direction of a Registered Nurse, licensed

physician, or dentist. This directed scope of nursing practice

includes, but is not limited to:

a. contributing to the assessment of the health status of

individuals and groups,

b. participating in the development and modification of

the plan of care,

c. implementing the appropriate aspects of the plan of

care,

d. delegating such tasks as may safely be performed by

others, consistent with educational preparation and

that do not conflict with the Oklahoma Nursing

Practice Act,

e. providing safe and effective nursing care rendered

directly or indirectly,

f. participating in the evaluation of responses to

interventions,

g. teaching basic nursing skills and related principles,

h. performing additional nursing procedures in accordance

with knowledge and skills acquired through education

beyond nursing preparation, and

i. delegating those nursing tasks as defined in the rules

of the Board that may be performed by an Advanced

Unlicensed Assistant;

5. “Advanced Practice Registered Nurse” means a licensed

Registered Nurse:

a. who has completed an advanced practice registered

nursing education program in preparation for one of

four recognized Advanced Practice Registered Nurse

roles,

b. who has passed a national certification examination

recognized by the Board that measures the Advanced

Practice Registered Nurse role and specialty

competencies and who maintains recertification in the

role and specialty through a national certification

program,

c. who has acquired advanced clinical knowledge and

skills in preparation for providing both direct and

indirect care to patients; however, the defining

factor for all Advanced Practice Registered Nurses is

that the education and practice focuses on direct care

of individuals,

d. whose practice builds on the competencies of

Registered Nurses by demonstrating a greater depth and

breadth of knowledge, a greater synthesis of data, and

increased complexity of skills and interventions, and

Oklahoma Statutes - Title 59. Professions and Occupations Page 554

e. who has obtained a license as an Advanced Practice

Registered Nurse in one of the following roles:

Certified Registered Nurse Anesthetist, Certified

Nurse-Midwife, Clinical Nurse Specialist, or Certified

Nurse Practitioner.

Only those persons who hold a license to practice advanced

practice registered nursing in this state shall have the right to

use the title Advanced Practice Registered Nurse and to use the

abbreviation “APRN”. Only those persons who have obtained a license

in the following disciplines shall have the right to fulfill the

roles and use the applicable titles: Certified Registered Nurse

Anesthetist and the abbreviation “CRNA”, Certified Nurse-Midwife and

the abbreviation “CNM”, Clinical Nurse Specialist and the

abbreviation “CNS”, and Certified Nurse Practitioner and the

abbreviation “CNP”.

It shall be unlawful for any person to assume the role or use

the title Advanced Practice Registered Nurse or use the abbreviation

APRN or use the respective specialty role titles and abbreviations

or to use any other titles or abbreviations that would reasonably

lead a person to believe the user is an Advanced Practice Registered

Nurse, unless permitted by the Oklahoma Nursing Practice Act. Any

individual doing so shall be guilty of a misdemeanor, which shall be

punishable, upon conviction, by imprisonment in the county jail for

not more than one (1) year or by a fine not less than One Hundred

Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or

by both such imprisonment and fine for each offense;

6. “Certified Nurse Practitioner” means an Advanced Practice

Registered Nurse who performs in an expanded role in the delivery of

health care:

a. consistent with advanced educational preparation as a

Certified Nurse Practitioner in an area of specialty,

b. functions within the Certified Nurse Practitioner

scope of practice for the selected area of

specialization, and

c. in accord with the standards for Certified Nurse

Practitioners as identified by the certifying body and

approved by the Board.

A Certified Nurse Practitioner shall be eligible, in accordance

with the scope of practice of the Certified Nurse Practitioner, to

obtain recognition as authorized by the Board to prescribe, as

defined by the rules promulgated by the Board pursuant to Section

567.4a of this title and Section 1 of this act. This authorization

shall not include dispensing drugs, but shall not preclude, subject

to federal regulations, the receipt of, the signing for, or the

dispensing of professional samples to patients.

The Certified Nurse Practitioner accepts responsibility,

accountability, and obligation to practice in accordance with usual

Oklahoma Statutes - Title 59. Professions and Occupations Page 555

and customary advanced practice registered nursing standards and

functions as defined by the scope of practice/role definition

statements for the Certified Nurse Practitioner;

7. a. “Clinical Nurse Specialist” means an Advanced Practice

Registered Nurse who holds:

(1) a master’s degree or higher in nursing with

clinical specialization preparation to function

in an expanded role,

(2) specialty certification from a national

certifying organization recognized by the Board,

and

(3) an Advanced Practice Registered Nurse license

from the Board.

Any nurse holding a specialty certification as a

Clinical Nurse Specialist valid on January 1, 1994,

granted by a national certifying organization

recognized by the Board, shall be deemed to be a

Clinical Nurse Specialist under the provisions of the

Oklahoma Nursing Practice Act.

b. In the expanded role, the Clinical Nurse Specialist

performs at an advanced practice level which shall

include, but not be limited to:

(1) practicing as an expert clinician in the

provision of direct nursing care to a selected

population of patients or clients in any setting,

including private practice,

(2) managing the care of patients or clients with

complex nursing problems,

(3) enhancing patient or client care by integrating

the competencies of clinical practice, education,

consultation, and research, and

(4) referring patients or clients to other services.

c. A Clinical Nurse Specialist in accordance with the

scope of practice of such Clinical Nurse Specialist

shall be eligible to obtain recognition as authorized

by the Board to prescribe, as defined by the rules

promulgated by the Board pursuant to Section 567.4a of

this title and Section 1 of this act. This

authorization shall not include dispensing drugs, but

shall not preclude, subject to federal regulations,

the receipt of, the signing for, or the dispensing of

professional samples to patients.

d. The Clinical Nurse Specialist accepts responsibility,

accountability, and obligation to practice in

accordance with usual and customary advanced practice

nursing standards and functions as defined by the

Oklahoma Statutes - Title 59. Professions and Occupations Page 556

scope of practice/role definition statements for the

Clinical Nurse Specialist;

8. “Certified Nurse-Midwife” means a nurse who has received an

Advanced Practice Registered Nurse license from the Oklahoma Board

of Nursing who possesses evidence of certification according to the

requirements of the American College of Nurse-Midwives.

A Certified Nurse-Midwife in accordance with the scope of

practice of such Certified Nurse-Midwife shall be eligible to obtain

recognition as authorized by the Board to prescribe, as defined by

the rules promulgated by the Board pursuant to Section 567.4a of

this title and Section 1 of this act. This authorization shall not

include the dispensing of drugs, but shall not preclude, subject to

federal regulations, the receipt of, the signing for, or the

dispensing of professional samples to patients.

The Certified Nurse-Midwife accepts responsibility,

accountability, and obligation to practice in accordance with usual

and customary advanced practice registered nursing standards and

functions as defined by the scope of practice/role definition

statements for the Certified Nurse-Midwife;

9. “Nurse-midwifery practice” means providing management of

care of normal newborns and women, antepartally, intrapartally,

postpartally, and gynecologically, occurring within a health care

system which provides for medical consultation, medical management,

or referral, and is in accord with the standards for nurse-midwifery

practice as defined by the American College of Nurse-Midwives;

10. a. “Certified Registered Nurse Anesthetist” means an

Advanced Practice Registered Nurse who:

(1) is certified by the National Board of

Certification and Recertification for Nurse

Anesthetists as a Certified Registered Nurse

Anesthetist within one (1) year following

completion of an approved Certified Registered

Nurse Anesthetist education program, and

continues to maintain such recertification by the

National Board of Certification and

Recertification for Nurse Anesthetists, and

(2) administers anesthesia in collaboration with a

medical doctor, an osteopathic physician, a

podiatric physician, or a dentist licensed in

this state and under conditions in which timely

on-site consultation by such doctor, osteopath,

podiatric physician, or dentist is available.

b. A Certified Registered Nurse Anesthetist, in

collaboration with a medical doctor, osteopathic

physician, podiatric physician, or dentist licensed in

this state, and under conditions in which timely, on-

site consultation by such medical doctor, osteopathic

Oklahoma Statutes - Title 59. Professions and Occupations Page 557

physician, podiatric physician, or dentist is

available, shall be authorized, pursuant to rules

adopted by the Oklahoma Board of Nursing, to order,

select, obtain, and administer legend drugs, Schedules

II through V controlled substances, devices, and

medical gases only when engaged in the preanesthetic

preparation and evaluation; anesthesia induction,

maintenance, and emergence; and postanesthesia care.

A Certified Registered Nurse Anesthetist may order,

select, obtain, and administer drugs only during the

perioperative or periobstetrical period.

c. A Certified Registered Nurse Anesthetist who applies

for authorization to order, select, obtain, and

administer drugs shall:

(1) be currently recognized as a Certified Registered

Nurse Anesthetist in this state,

(2) provide evidence of completion, within the two-

year period immediately preceding the date of

application, of a minimum of fifteen (15) units

of continuing education in advanced pharmacology

related to the administration of anesthesia as

recognized by the National Board of Certification

and Recertification for Nurse Anesthetists, and

(3) complete and submit a notarized application, on a

form prescribed by the Board, accompanied by the

application fee established pursuant to this

section.

d. The authority to order, select, obtain, and administer

drugs shall be terminated if a Certified Registered

Nurse Anesthetist has:

(1) ordered, selected, obtained, or administered

drugs outside of the Certified Registered Nurse

Anesthetist scope of practice or ordered,

selected, obtained, or administered drugs for

other than therapeutic purposes, or

(2) violated any provision of state laws or rules or

federal laws or regulations pertaining to the

practice of nursing or the authority to order,

select, obtain, and administer drugs.

e. The Oklahoma Board of Nursing shall notify the State

Board of Pharmacy after termination of or a change in

the authority to order, select, obtain, and administer

drugs for a Certified Registered Nurse Anesthetist.

f. The Board shall provide by rule for biennial

application renewal and reauthorization of authority

to order, select, obtain, and administer drugs for

Certified Registered Nurse Anesthetists. At the time

Oklahoma Statutes - Title 59. Professions and Occupations Page 558

of application renewal, a Certified Registered Nurse

Anesthetist shall submit documentation of a minimum of

eight (8) units of continuing education, completed

during the previous two (2) years, in advanced

pharmacology relating to the administration of

anesthesia, as recognized by the National Board of

Certification and Recertification for Nurse

Anesthetists.

g. This paragraph shall not prohibit the administration

of local or topical anesthetics as now permitted by

law. Provided further, nothing in this paragraph

shall limit the authority of the Board of Dentistry to

establish the qualifications for dentists who direct

the administration of anesthesia.

h. As used in this paragraph, “collaboration” means an

agreement between a medical doctor, osteopathic

physician, podiatric physician, or dentist performing

the procedure or directly involved with the procedure

and the Certified Registered Nurse Anesthetist working

jointly toward a common goal providing services for

the same patient. This collaboration involves the

joint formulation, discussion, and agreement of the

anesthesia plan by both parties, and the collaborating

medical doctor, osteopathic physician, podiatric

physician, or dentist performing the procedure or

directly involved with the procedure and that

collaborating physician shall remain available for

timely on-site consultation during the delivery of

anesthesia for diagnosis, consultation, and treatment

of medical conditions;

11. “Supervising physician” means an individual holding a

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

Medical Licensure and Supervision or the State Board of Osteopathic

Examiners, who supervises a Certified Nurse Practitioner, a Clinical

Nurse Specialist, or a Certified Nurse-Midwife who has not obtained

independent prescriptive authority under Section 1 of this act, and

who is not in training as an intern, resident, or fellow. The

supervising physician shall remain in compliance with the rules

promulgated by the State Board of Medical Licensure and Supervision

or the State Board of Osteopathic Examiners;

12. “Supervision” means assuring availability of the

supervising physician to a Certified Nurse Practitioner, a Clinical

Nurse Specialist, or a Certified Nurse-Midwife who has not obtained

independent prescriptive authority under Section 1 of this act

through direct contact, telecommunications, or other appropriate

electronic means for consultation, assistance with medical

emergencies, or patient referral with respect to written,

Oklahoma Statutes - Title 59. Professions and Occupations Page 559

telephonic, electronic, or oral prescriptions for drugs and other

medical supplies, subject to a defined formulary; and

13. “Advanced Unlicensed Assistant” means any person who has

successfully completed a certified training program approved by the

Board that trains the Advanced Unlicensed Assistant to perform

specified technical skills identified by the Board in acute care

settings under the direction and supervision of the Registered

Nurse, Licensed Practical Nurse, or Advanced Practice Registered

Nurse.
Okla. Stat. tit. 59, § 59-1150.4 — OK Code / Title 59 / Section 59-1150.4
Intent of Legislature - Disposition of fees collected
Status: in_force

A. It is the intent of the Legislature that the Council and the

registration of sanitarians and environmental specialists pursuant

to the provisions of the Oklahoma Sanitarian and Environmental

Specialist Registration Act shall constitute a section of the

Occupational Licensing Division of the Oklahoma State Department of

Health.

B. Fees collected pursuant to the provisions of the Oklahoma

Sanitarian and Environmental Specialist Registration Act shall be

determined by the Board in conjunction with the Council pursuant to

Article I of the Administrative Procedures Act.
Okla. Stat. tit. 59, § 59-1850.1 — OK Code / Title 59 / Section 59-1850.1
Mechanical Licensing Act
Status: in_force

Sections 1850.1 through 1860 of this title shall be known and

may be cited as the "Mechanical Licensing Act".