reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-819. Violations of act.

A. Appraisal Management Companies shall comply with the appraisal independence requirements of Section 129E(a) through (i) of the Truth in Lending Act, 15 U.S.C., Section 1639e(a) through (i), and regulations thereunder.
B. It shall be unlawful and a violation of the Oklahoma Appraisal Management Company Regulation Act for any employee, partner, director, officer, or agent of an AMC to influence or attempt to influence the development, reporting, result, or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery or in any other manner, including but not limited to:
1. Withholding or threatening to withhold timely payment or partial payment for an appraisal with the exception of a substandard or noncompliant appraisal;
2. Withholding or threatening to withhold, either expressed or implied, future business from, or demoting or terminating or threatening to demote or terminate an appraiser;
3. Promising, either expressed or implied, future business, promotions, or increased compensation for an appraiser;
4. Conditioning an assignment of an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser;
5. Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal, or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal;
6. Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided;
7. Providing to an appraiser, or any entity or individual related to the appraiser, stock or other financial or nonfinancial benefit or thing of value;
8. Allowing or directing the removal of an appraiser from an appraiser panel, or the addition of an appraiser to an exclusionary list of disapproved appraisers used by any entity, without prior written notice to such appraiser;
9. Any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality;
10. Submitting or attempting to submit false, misleading, or inaccurate information in any application for registration or renewal;
11. Failing to timely respond to any subpoena or any other request for information;
12. Failing to timely obey an administrative order of the Board; or
13. Failing to fully cooperate in any investigation.
C. Nothing in subsection B of this section shall be construed as prohibiting the AMC from requesting that an appraiser:
1. Provide additional information about the basis for a valuation including consideration of additional comparable data; or
2. Correct objective factual errors in an appraisal.
Added by Laws 2010, c. 364, § 19, eff. Jan. 1, 2011. Amended by Laws 2016, c. 195, § 6, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-820. Prohibited acts.

An AMC shall not perform or attempt to perform any one or more of the following acts:
1. Require an appraiser to modify any aspect of an appraisal unless the modification complies with Section 858-819 of this title;
2. Require an appraiser to prepare an appraisal if the appraiser, in the appraiser's own independent professional judgment, believes the appraiser does not have the necessary expertise for the assignment or for the specific geographic area and has notified the AMC and declined the assignment;
3. Require an appraiser to prepare an appraisal under a time frame that the appraiser, in the appraiser's own professional judgment, believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations and has notified the AMC and declined the assignment;
4. Prohibit or inhibit legal or other allowable communication between the appraiser and:
a.
the lender,
b.
a real estate licensee, or
c.
any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant;
5. Requires the appraiser to do anything that does not comply with:
a.
USPAP,
b.
the Oklahoma Certified Real Estate Appraisers Act or the rules promulgated thereunder, or
c.
any assignment conditions and certifications required by the client; or
6. Makes any portion of the appraiser's fee or the AMC's fee contingent on a predetermined or favorable outcome, including but not limited to:
a.
a loan closing, or
b.
specific dollar amount being achieved by the appraiser in the appraisal.
Added by Laws 2010, c. 364, § 20, eff. Jan. 1, 2011. Amended by Laws 2016, c. 195, § 7, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-821. Payment within sixty days of transmitted appraisal.

A. Each AMC shall, except in bona fide cases of breach of contract or substandard performance of services, make payment to an appraiser for the completion of an appraisal or valuation assignment within sixty (60) days of the date on which the appraiser transmits or otherwise provides the completed appraisal or valuation study to the AMC or its assignee unless a mutually agreed upon alternate arrangement has been previously established.
B. Appraisal Management Companies are prohibited from requiring an appraiser to reimburse them for the Appraisal Subcommittee's Appraisal Management Company National Registry fee which may be charged or assessed against them.
Added by Laws 2010, c. 364, § 21, eff. Jan. 1, 2011. Amended by Laws 2019, c. 90, § 7, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-822. Altering, modifying, or changing completed appraisal.

A. An AMC shall not alter, modify, or otherwise change or attempt to alter, modify, or otherwise change a completed appraisal submitted by an appraiser by doing any of the following:
1. Permanently removing the appraiser’s signature or seal;
2. Adding information to, or removing information from, the appraisal;
3. Altering, modifying or otherwise changing a completed appraisal submitted by an independent appraiser without the appraiser’s knowledge and written consent; or
4. Using an appraisal submitted by an independent appraiser for any other transaction or use.
B. No AMC shall require an appraiser to provide the AMC with the appraiser’s digital signature or seal, but nothing in this subsection shall be deemed to prohibit an appraiser from voluntarily providing his or her digital signature to another person in the manner permitted by the provisions of the USPAP.
Added by Laws 2010, c. 364, § 22, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-823. AMC registration number.

A. The Oklahoma Real Estate Appraiser Board shall issue a unique registration number to each AMC that is registered in this state.
B. The Board shall maintain a list on its website of the AMCs that have registered with the Board pursuant to the Oklahoma Appraisal Management Company Regulation Act and have been issued a registration number pursuant to subsection A of this section.
C. An AMC registered in this state shall place its registration number on any instrument utilized by the AMC for procurement of appraisal services in this state.
Added by Laws 2010, c. 364, § 23, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-824. Appraiser removed from appraiser panel.

A. An AMC shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without:
1. Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the AMC;
2. Providing an opportunity for the appraiser to respond to the written notification of the AMC either personally or through legal counsel; and
3. If the appraiser is being removed from the panel for illegal conduct, violation of the USPAP, or a violation of the Oklahoma Certified Real Estate Appraisers Act or the rules promulgated thereunder, providing notice to the appraiser and to the Oklahoma Real Estate Appraiser Board detailing allegations of fact and alleged violations of standards or laws.
B. An appraiser that is removed from the appraiser panel of an AMC for alleged illegal conduct, violation of the USPAP, or violation of the Oklahoma Certified Real Estate Appraisers Act or the rules promulgated thereunder, may file a complaint with the Board for a review of the decision of the AMC, except that in no case shall the Board make any determination regarding the nature of the business relationship between the appraiser and the AMC which is unrelated to the actions specified in subsection A of this section.
C. If an appraiser files a complaint against an AMC pursuant to subsection B of this section, the Board shall adjudicate the complaint within one (1) year.
D. If after opportunity for hearing and review, the Board determines that an appraiser did not commit a violation of law, a violation of the USPAP, or a violation of the Oklahoma Certified Real Estate Appraisers Act or the rules promulgated thereunder, the Board shall order that an appraiser be promptly reinstated to the appraiser panel of the AMC that was the subject of the complaint, without prejudice.
E. Following the adjudication of a complaint to the Board by an appraiser against an AMC, an AMC may not refuse to make assignments for real estate appraisal services to an appraiser, or reduce the number of assignments, or otherwise penalize the appraiser, if the Board has found that the AMC acted improperly in removing the appraiser from the appraiser panel and ordered the appraiser's reinstatement.
Added by Laws 2010, c. 364, § 24, eff. Jan. 1, 2011. Amended by Laws 2019, c. 90, § 8, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-825. Authority to deny registration.

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.
Added by Laws 2010, c. 364, § 25, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-826. Grounds for denial of registration.

The Oklahoma Real Estate Appraiser Board may refuse to issue a registration either on an original application or a renewal application, if it has reasonable grounds to believe and finds any of the following to be true:
1. That the applicant or any partner has, within twelve (12) months preceding the date of the application violated any provision of the Oklahoma Appraisal Management Company Regulation Act or regulation of the Oklahoma Real Estate Appraiser Board;
2. That the applicant is not of good moral character;
3. That the applicant has been the holder of a registration revoked or suspended for cause, or surrendered in lieu of disciplinary proceedings;
4. That the applicant, in the case of an application for renewal of any registration, would not be eligible for such license on a first application;
5. That the issuance of the registration applied for would result in a violation of any provision of the Oklahoma Appraisal Management Company Regulation Act; or
6. When, in the judgment of the Oklahoma Real Estate Appraiser Board, the registrant has, in the conduct of affairs under the registration, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the registrant unfit to carry on appraisal management services or making continuance in the business detrimental to the public interest, or that the licensee is no longer in good faith carrying on appraisal management services, and for this conduct is found by the Oklahoma Real Estate Appraiser Board to be a source of detriment, injury, or loss to the public.
Added by Laws 2010, c. 364, § 26, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-827. Penalties - Censure, suspension or revocation of registration, fine.

The Oklahoma Real Estate Appraiser Board may censure an AMC, conditionally or unconditionally suspend or revoke any registration issued under the Oklahoma Appraisal Management Company Regulation Act, or impose administrative fines not to exceed Five Thousand Dollars ($5,000.00) per violation of the Oklahoma Appraisal Management Company Regulation Act, if in the opinion of the Board, an AMC is attempting to perform, has performed, or has attempted to perform any of the following acts:
1. Committing any act in violation of the Oklahoma Appraisal Management Company Regulation Act;
2. Violating any rule or regulation adopted by the Board in the interest of the public and consistent with the provisions of the Oklahoma Appraisal Management Company Regulation Act; or
3. Procuring a registration or a renewal of a registration for the AMC or committing any other act by fraud, misrepresentation, or deceit.
Added by Laws 2010, c. 364, § 27, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-830. Report to Real Estate Appraiser Board required for federally regulated AMC.

A. A federally-regulated appraisal management company (AMC) operating in Oklahoma must report to the Real Estate Appraiser Board the information required to be submitted by the Real Estate Appraiser Board to the Appraisal Subcommittee of the Federal Financial Examinations Council (ASC), pursuant to the ASC's policies regarding the determination of the AMC National Registry fee, including, but not limited to, the collection of the information related to ownership limitations.
B. As a state electing to register AMCs for purposes of permitting AMCs to provide appraisal management services relating to covered transactions in Oklahoma, the Real Estate Appraiser Board shall submit to the ASC the information required to be submitted by ASC regulations or guidance concerning AMCs that operate in Oklahoma.
C. If the National Registry fee is received by the Real Estate Appraiser Board from a self-identifying AMC, such funds will be transmitted by the Real Estate Appraiser Board to the ASC National Registry.
Added by Laws 2019, c. 90, § 9, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.3. License requirements.

No person shall designate himself as a physical therapist or physical therapist assistant, nor practice, nor hold himself out to the public as being able to practice physical therapy in this state, unless licensed in accordance with the provisions of the Physical Therapy Practice Act. The Physical Therapy Practice Act shall not prohibit or prevent any person licensed in the healing arts in this state from engaging in the practice for which he is duly licensed.
Amended by Laws 1987, c. 13, § 2, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.5. Powers and duties of Board.

The State Board of Medical Licensure and Supervision shall have the power and duty to:
1. Promulgate rules necessary to implement the provisions of the Physical Therapy Practice Act;
2. Determine, as recommended by the Committee, the qualifications of applicants for licensure, conduct all examinations, and determine which applicants successfully passed such examinations;
3. Issue a license to each applicant who passes the examination in accordance with standards promulgated by the Board pursuant to the Physical Therapy Practice Act, and who is otherwise in compliance with the Physical Therapy Practice Act. A license shall also be issued to persons who qualify for such license pursuant to the provisions of Sections 887.9 and 887.10 of this title. Said licenses shall be subject to annual renewal as provided by the Physical Therapy Practice Act;
4. Make such investigations and inspections as are necessary to ensure compliance with the Physical Therapy 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, Section 250 et seq. of Title 75 of the Oklahoma Statutes;
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 Physical Therapy Practice Act;
7. Initiate prosecution and civil proceedings;
8. Suspend, revoke or deny the license of any physical therapist and physical therapist assistant for violation of any provisions of the Physical Therapy Practice Act or rules and regulations promulgated by the Board pursuant to this act;
9. Maintain a record listing the name of each physical therapist and physical therapist assistant licensed in this state;
10. Compile a list of physical therapists and physical therapist assistants licensed to practice in this state. Said 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 Physical Therapy Practice Act;
11. Make such expenditures and employ such personnel as it may deem necessary for the administration of the provisions of the Physical Therapy Practice Act; and
12. Conduct state and national criminal history record checks as determined by the Board through the Oklahoma State Bureau of Investigation pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes and Federal Bureau of Investigation in accordance with 28 U.S.C., Section 534 and 34 U.S.C., Section 40316; provided, however, that reports from such record checks shall not be shared with entities outside of this state.
Added by Laws 1965, c. 153, § 5, emerg. eff. May 26, 1965. Amended by Laws 1969, c. 345, § 4; Laws 1987, c. 13, § 4, eff. July 1, 1987; Laws 2019, c. 198, § 1, emerg. eff. April 29, 2019; Laws 2021, c. 77, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.7. Application for licenses - Fees.

Any person intending to practice as a physical therapist or physical therapist assistant in this state shall apply to the Board in writing. Such application shall be on a form and in a manner prescribed by the Board and shall request such information from the applicant as will indicate to the Board the applicant's qualifications to take the required examination or otherwise comply with the provisions of the Physical Therapy Practice Act. An application to the Board to practice as a physical therapist or a physical therapist assistant shall be accompanied by a fee as required by the provisions of the Physical Therapy Practice Act. Said fee shall not be refundable.
Amended by Laws 1987, c. 13, § 6, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.8. Issuance of license - Reexamination.

The Board shall issue an appropriate license to each applicant who successfully passes the examination in accordance with standards promulgated by the Board and who otherwise complies with the provisions of the Physical Therapy Practice Act.
Any applicant who fails to pass the examination may request to retake the examination in accordance with standards established by the Board.
Amended by Laws 1987, c. 13, § 7, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.9. License without examination.

Upon payment to the Board of a fee as provided by the Physical Therapy Practice Act, and submission of a written application on forms provided by the Board, the Board may issue a license without examination to any person who is licensed or otherwise registered as a physical therapist by another state or any territory of the United States which has substantially the same standards for licensure as are required by this state pursuant to the provisions of the Physical Therapy Practice Act.
Amended by Laws 1987, c. 13, § 8, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.10. Temporary permit without examination.

A. Upon proper application to the Board, and payment of the fee required by the provisions of the Physical Therapy Practice Act, the Board shall issue without examination a temporary permit to practice physical therapy or to practice as a physical therapist assistant in this state for a period of not to exceed one (1) year to any person who meets the qualifications required for applicants to take the examination and who submits satisfactory evidence to the Board that such applicant is in this state on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project. The Board may shorten the term of the temporary permit for less than one (1) year.
B. Upon proper application and payment of fees, the Board may issue a temporary permit to a person who has applied for a license pursuant to the provisions of Section 887.7 of this title, and who is eligible to take the examination pursuant to the provisions of the Physical Therapy Practice Act. Such temporary permit shall be available to an applicant only with respect to his first application for licensure. Such permit shall expire upon notice that the applicant has or has not passed the examination.
Amended by Laws 1987, c. 13, § 9, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.12. Renewal of licenses.

A. 1. Except as otherwise provided by the Physical Therapy Practice Act, all licenses shall expire on January 31 of each year. A license may be renewed during the month of January of each year upon:
a.
application,
b.
evidence of satisfactory completion of a program of continuing education or of alternative requirements, as required by the State Board of Medical Licensure and Supervision pursuant to subsection B of this section, and
c.
payment of fees.
2. Applications for renewal of licensure shall be sent by the Board to all licensed physical therapists and physical therapist assistants at their last-known address. Failure to renew a license three (3) months after notification shall effect a forfeiture of the license granted pursuant to the provisions of the Physical Therapy Practice Act. Upon recommendation of the Board, a lapsed license may be revived upon the payment of all unpaid registration fees and pursuant to such rules as may be promulgated by the Board.
3. A physical therapist or physical therapist assistant who fails to apply for a renewal of a license for five (5) years may renew the license by complying with the provisions of the Physical Therapy Practice Act relating to the issuance of an original license.
B. For physical therapists and physical therapist assistants, the Board shall establish by rule the requirements for:
1. A program of continuing education; and
2. Alternative requirements to establish continuing competence to practice.
The Board shall also establish by rule the minimum hours of continuing education needed to satisfy these requirements. In establishing these requirements, the Board shall consider any existing programs of continuing education currently being offered to licensed physical therapists or physical therapist assistants.
Added by Laws 1965, c. 153, § 12, emerg. eff. May 26, 1965. Amended by Laws 1969, c. 345, § 8; Laws 1987, c. 13, § 10, eff. July 1, 1987; Laws 1997, c. 126, § 3.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.14. Titles and abbreviations.

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.".
Added by Laws 1965, c. 153, § 14, emerg. eff. May 26, 1965. Amended by Laws 1987, c. 13, § 12, eff. July 1, 1987; Laws 2022, c. 149, § 5, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.15. Obtaining license by misrepresentations - Penalty.

Any person who obtains, or attempts to obtain, licensure as a physical therapist or physical therapist assistant by any willful misrepresentation, grossly negligent misrepresentation, or any fraudulent misrepresentation, upon conviction, shall be guilty of a misdemeanor and shall be punished as required by the provisions of the Physical Therapy Practice Act.
Amended by Laws 1987, c. 13, § 13, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.16. Misrepresentations - Penalties and actions.

A. No person shall advertise, in any manner, or otherwise represent himself as a physical therapist or physical therapist assistant or as a provider of physical therapy services unless such person is licensed pursuant to the provisions of the Physical Therapy Practice Act.
B. Any person who violates any provision of the Physical Therapy Practice Act shall be found guilty of a misdemeanor and upon conviction shall be subject to punishment pursuant to the provisions of Section 491 of this title and to one or more of the following actions which may be taken by the State Board of Medical Examiners in consultation with the Physical Therapy Committee:
1. Revocation of license;
2. Suspension of license not to exceed six (6) months from the date of hearing;
3. Invocation of restrictions in the form of probation as defined by the Board; or
4. For emergency situations where the question of continued right to practice is a threat to public welfare, utilization of procedures as outlined in Section 481 et seq. of this title regarding physicians.
Added by Laws 1965, c. 153, § 16, emerg. eff. May 26, 1985. Amended by Laws 1987, c. 13, § 14, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-887.18. Fees.

The Board shall prescribe and publish, in the manner established by its rules and regulations, fees in the amounts determined by the Board but not exceeding the following maximum amounts unless cost justification is present:
Physical Therapist Examination ..................$150.00
Physical Therapist Assistant Examination ........$100.00
Physical Therapist License
and renewal thereof ........................... $50.00
Physical Therapist Assistant License
and renewal thereof .......................... $35.00
Temporary Permit .................................$25.00
Added by Laws 1987, c. 13, § 15, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.2. Purpose.

In order to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent and unauthorized persons, to assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants, and to assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of this act to provide for the regulation of persons offering occupational therapy services to the public.
Added by Laws 1984, c. 119, § 2, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.3. Definitions.

As used in the Occupational Therapy Practice Act:
1. "Occupational therapy" is a health profession for which practitioners provide assessment, treatment, and consultation through the use of purposeful activity with individuals who are limited by or at risk of physical illness or injury, psycho-social dysfunction, developmental or learning disabilities, poverty and cultural differences or the aging process, in order to maximize independence, prevent disability, and maintain health. Specific occupational therapy services include but are not limited to the use of media and methods such as instruction in daily living skills and cognitive retraining, facilitating self-maintenance, work and leisure skills, using standardized or adapted techniques, designing, fabricating, and applying selected orthotic equipment or selective adaptive equipment with instructions, using therapeutically applied creative activities, exercise, and other media to enhance and restore functional performance, to administer and interpret tests which may include sensorimotor evaluation, psycho-social assessments, standardized or nonstandardized tests, to improve developmental skills, perceptual and motor skills, and sensory integrative function, and to adapt the environment for the handicapped. These services are provided individually, in groups, via telehealth or through social systems;
2. "Occupational therapist" means a person licensed to practice occupational therapy pursuant to the provisions of the Occupational Therapy Practice Act;
3. "Occupational therapy assistant" means a person licensed to provide occupational therapy treatment under the general supervision of a licensed occupational therapist;
4. "Occupational therapy aide" means a person who assists in the practice of occupational therapy and whose activities require an understanding of occupational therapy, but do not require the technical or professional training of an occupational therapist or occupational therapy assistant;
5. "Board" means the State Board of Medical Licensure and Supervision;
6. "Person" means any individual, partnership, unincorporated organization, or corporate body, except only an individual may be licensed pursuant to the provisions of the Occupational Therapy Practice Act;
7. "Committee" means the Oklahoma Occupational Therapy Advisory Committee;
8. "Telehealth" means the use of electronic information and telecommunications technologies to support and promote access to clinical health care, patient and professional health-related education, public health and health administration; and
9. "Telerehabilitation" or "teletherapy" means the delivery of rehabilitation and habilitation services via information and communication technologies (ICT), also commonly referred to as "telehealth" technologies.
Added by Laws 1984, c. 119, § 3, eff. Nov. 1, 1984. Amended by Laws 1987, c. 118, § 46, operative July 1, 1987; Laws 2019, c. 383, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.4. License required - Application of act - Plan of care.

A. No person shall practice occupational therapy or hold himself or herself out as an occupational therapist, or as being able to practice occupational therapy, or to render occupational therapy services in this state unless he or she is licensed in accordance with the provisions of this act. The licensing provisions of this act shall not be applicable to a person who assists in the practice of occupational therapy as an occupational therapy aide.
B. The provisions of this act shall not be construed to authorize occupational therapists or occupational therapy assistants to practice medicine and surgery within the meaning of Section 492 of Title 59 of the Oklahoma Statutes.
C. Notwithstanding any other provisions of this act, a plan of care developed by a person authorized to provide services within the scope of the Occupational Therapy Practice Act shall be deemed to be a prescription for purposes of providing services pursuant to the provisions of the Individuals with Disabilities Education Act, Amendment of 1997, Public Law 105-17, and Section 504 of the Rehabilitation Act of 1973.
Added by Laws 1984, c. 119, § 4, eff. Nov. 1, 1984. Amended by Laws 2004, c. 543, § 7, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.5. Practices, services and activities not prohibited.

Nothing in the Occupational Therapy Practice Act shall be construed to prevent or restrict the practice, services, or activities of:
1. Any persons of other licensed professions or personnel supervised by licensed professions in this state from performing work incidental to the practice of their profession or occupation, if that person does not represent himself as an occupational therapist or occupational therapy assistant;
2. Any person employed as an occupational therapist or occupational therapy assistant by the Government of the United States if such person provides occupational therapy solely under the direction or control of the organization by which he or she is employed;
3. Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited educational program if such activities and services constitute a part of a supervised course of study, if such a person is designated by a title which clearly indicates his status as a student or trainee;
4. Any person fulfilling the supervised field work experience requirements of Section 888.6 of this title, if such activities and services constitute a part of the experience necessary to meet the requirements of that section;
5. Any person performing occupational therapy services in this state, if services are performed for no more than ninety (90) days in a calendar year in association with an occupational therapist licensed pursuant to the provisions of this act, if:
a.
such person is licensed according to the laws of another state which has licensure requirements equal to or surpassing the requirements of the Occupational Therapy Practice Act, or
b.
such person is certified as an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.), by the National Board for Certification in Occupational Therapy;
6. Any person employed or working under the direct supervision of an occupational therapist as an occupational therapy aide; or
7. A certified recreational therapist in the area of play and leisure.
Added by Laws 1984, c. 119, § 5, eff. Nov. 1, 1984. Amended by Laws 2019, c. 383, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.6v1. Application for license - Information required.

An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written application on forms provided by the Board, as recommended by the Committee, showing to the satisfaction of the Board that he meets the following requirements:
1. Residence: Applicants need not be a resident of this state;
2. Education: Applicants shall present evidence satisfactory to the Board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the Board, with concentration in biological or physical science, psychology and sociology, and with education in selected manual skills. For an occupational therapist the educational program shall be accredited by the Committee on Allied Health Education and Accreditation/American Medical Association in collaboration with the American Occupational Therapy Association. For an occupational therapy assistant, such a program shall be approved by the American Occupational Therapy Association;
3. Experience: Applicants shall submit to the Board evidence of having successfully completed a period of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where he met the academic requirements. For an occupational therapist, a minimum of six (6) months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two (2) months of supervised field work experience is required;
4. Examination: Applicants shall submit to the Board evidence of having successfully completed an examination as provided for in Section 888.7 of this title.
Added by Laws 1984, c. 119, § 6, eff. Nov. 1, 1984. Amended by Laws 2019, c. 363, § 39, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.6v2. Application for license - Information required.

An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written application on forms provided by the Board, as recommended by the Committee, showing to the satisfaction of the Board that the applicant meets the following requirements:
1. Residence: Applicants need not be a resident of this state;
2. Character: Applicants shall meet the standards of the Code of Ethics and licensure rules adopted by the Board to safeguard the public;
3. Education: Applicants shall present evidence satisfactory to the Board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the Board, with concentration in biological or physical science, psychology and sociology, and with education in selected manual skills. For an occupational therapist the educational program shall be accredited by the Accreditation Council for Occupational Therapy Education (ACOTE). For an occupational therapy assistant, such a program shall be approved by ACOTE;
4. Experience: Applicants shall submit to the Board evidence of having successfully completed a period of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where he or she met the academic requirements. For an occupational therapist, a minimum of six (6) months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two (2) months of supervised field work experience is required;
5. Examination: Applicants shall submit to the Board evidence of having successfully completed an examination as provided for in Section 888.7 of this title.
Added by Laws 1984, c. 119, § 6, eff. Nov. 1, 1984. Amended by Laws 2019, c. 383, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.7. Application for license - Form - Examination and reexamination.

A. A person applying for a license shall demonstrate his or her eligibility in accordance with the requirements of Section 888.6 of this title and shall make application for examination upon a form in such a manner as the National Board for Certification in Occupational Therapy (NBCOT) shall prescribe. A person who fails the examination may make reapplication for reexamination accompanied by the prescribed fee.
B. Each applicant for licensure pursuant to the provisions of the Occupational Therapy Practice Act shall be examined on the applicant's knowledge of the basic and clinical sciences relating to occupational therapy and occupational theory and practice, including the application of professional skills and judgment in the utilization of occupational therapy techniques and methods and such other subjects as the Board may deem useful to determine the applicant's fitness to practice. The Board shall approve an examination and establish standards for acceptable practice. NBCOT shall be the approved provider for the examination according to national standards for entry-level practice.
C. Applicants for licensure shall be examined at a time and place as NBCOT may determine. Applicants must pass the examination by a score determined by NBCOT. Examinations shall be given at least two times each year at such places as NBCOT may determine.
D. In case of failure of any examination the applicant shall have the privilege of a second examination on payment of the regular fees. In case of a second failure, the applicant shall be eligible for the third examination, but shall, in addition to the requirements for previous examinations have to wait a specific period as determined by NBCOT, not to exceed one (1) year, before reexamination. The waiting period may include completion of academic or clinical work as prescribed by rules promulgated by the Board. A temporary license may be issued pursuant to the provisions of Section 888.8 of this title. Further testing shall be at the discretion of the Board and NBCOT guidelines.
E. Applicants shall be given their examination scores in accordance with such rules and regulations as NBCOT may establish.
Added by Laws 1984, c. 119, § 7, eff. Nov. 1, 1984. Amended by Laws 2019, c. 383, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.8. Waiver of examination, education or experience requirements.

A. The Board shall waive the examination and grant a license to any person certified prior to the effective date of this act as an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.) by the American Occupational Therapy Association. The Board may waive the examination, education, or experience requirements and grant a license to any person so certified after the effective date of this act if the Board considers the requirements for such certification to be at least equivalent to the requirements for licensure in this act.
B. The Board may waive the examination, education, or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards of licensure considered by the Board to be at least equivalent to the requirements for licensure in this act.
C. An applicant may be licensed as an occupational therapist if he has first practiced as an occupational therapy assistant for four (4) years and has completed the requirements of paragraph 4 of Section 6 of this act before January 1, 1988, and has passed the examination for occupational therapist.
Added by Laws 1984, c. 119, § 8, eff. Nov. 1, 1984. Added by Laws 1984, c. 119, § 8, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.9. Denial, refusal, suspension, revocation, censure, probation and reinstatement of license – Definitions.

A. The Board may deny or refuse to renew a license, or may suspend or revoke a license, or may censure a licensee, publicly or otherwise, or may impose probationary conditions where the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes:
1. Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
2. Engaging in unprofessional conduct as defined by the rules established by the Board, or violating the Code of Ethics adopted and published by the Board;
3. Being convicted of a felony crime that substantially relates to the occupation of occupational therapy or poses a reasonable threat to public safety;
4. Violating any lawful order, rule, or regulation rendered or adopted by the Board; and
5. Violating any provisions of this act.
B. Such denial, refusal to renew, suspension, revocation, censure, or imposition of probationary conditions upon a license may be ordered by the Board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the Board. One (1) year from the date of the revocation, refusal of renewal, suspension, or probation of the license, application may be made to the Board for reinstatement. The Board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.
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.
Added by Laws 1984, c. 119, § 9, eff. Nov. 1, 1984. Amended by Laws 2015, c. 183, § 7, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.10. Renewal of license - Continuing education.

A. Licenses under this act shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the Board, upon payment of a renewal fee provided for in Section 11 of this act. The Board may provide for the late renewal of a license upon payment of a late fee in accordance with its rules and regulations, but no such late renewal of a license may be granted more than five (5) years after its expiration. A hearing before the Board may be required in addition to a late fee.
B. A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any conduct or activity in violation of the order or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
C. The Board may establish continuing education requirements to facilitate the maintenance of current practice skills of all persons licensed under this act.
Added by Laws 1984, c. 119, § 10, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.11. Fees.

The Board shall prescribe and publish, in the manner established by its rules and regulations, fees in the amounts determined by the Board for the following:
1. Initial license fee;
2. Renewal of license fee; and
3. Late renewal fee.
Added by Laws 1984, c. 119, § 11, eff. Nov. 1, 1984. Amended by Laws 2019, c. 383, § 5, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-888.12. Oklahoma Occupational Therapy Advisory Committee - Creation - Membership - Term - Vacancies - Removal - Liability.

An Oklahoma Occupational Therapy Advisory Committee of the State Board of Medical Licensure and Supervision is hereby created. The Committee shall consist of five (5) members appointed by the Board, upon recommendation of the Oklahoma Occupational Therapy Association, for staggered terms of three (3) years, except for the first Committee appointed hereunder. Three members shall be occupational therapists with at least five (5) years' experience, one member shall be an occupational therapy assistant with at least three (3) years' experience, and one member shall be a consumer. All of the therapists shall be licensed except for the first members of the Committee who shall be licensed as soon after their appointments as possible. Said licensing shall take place within ninety (90) days after this act becomes effective.
The terms of the members shall be for three (3) years and until their successors are appointed and qualify; except of those first appointed, one shall serve for one (1) year, one shall serve for two (2) years, and three shall serve for three (3) years. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The Board after notice and opportunity for hearing may remove any member of the Committee for neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. A member of the Committee is not liable to civil action for any act performed in good faith in the execution of his duties in this capacity.
Added by Laws 1984, c. 119, § 12, eff. Nov. 1, 1984. Amended by Laws 1987, c. 118, § 47, operative July 1, 1987.