reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2003. Presale contracts or membership agreements - Notification of location - Deposit of funds - Withdrawal of funds - Refunds - Exemptions.

A. 1. Except as otherwise provided in this section, each health spa which offers or sells contracts or membership agreements or health spa services on a presale basis shall notify the Administrator of the proposed location of the spa for which presale monies will be solicited and shall deposit all funds received from such presale contracts or membership agreements in an account established in a financial institution authorized to transact business in this state until the health spa has commenced operations and has remained open for a period of sixty (60) days. The account shall be established and maintained only in a financial institution which agrees in writing with the Administrator to hold all funds deposited and not to release such funds until receipt of written authorization from the Administrator. The presale funds deposited will be eligible for withdrawal by the health spa after the health spa has been open and providing services pursuant to its health spa contracts or membership agreements for sixty (60) days and the Administrator gives written authorization for withdrawal.
2. Any buyer who has paid money which is on deposit in a presale account may, upon written authorization from the Administrator, obtain a refund from the financial institution holding such account if the health spa has not been substantially completed and opened within six (6) months of the date of the buyer's health spa contract or membership agreement.
B. The provisions of subsection A of this section shall not apply to:
1.
a.
any health spa duly registered under the provisions of Section 2002 of this title which has filed with the Administrator a current financial statement, certified by an accounting firm or individual holding a permit to practice public accounting in this state indicating:
(1)
a net worth in excess of One Million Dollars ($1,000,000.00), or
(2)
total assets in excess of Five Million Dollars ($5,000,000.00).
b. For purposes of this paragraph:
(1)
"current" means that the ending period of the financial statement is not over eighteen (18) months prior to the date of the filing of such statement, and
(2)
the financial statement filed by the health spa may include the financial results of any corporation controlled by, or that is under common control with, the health spa; or
2. any health spa duly registered under the provisions of Section 2002 of Title 59 of the Oklahoma Statutes which has posted a bond or letter of credit in the amount of Seventy Thousand Dollars ($70,000.00) as provided for in Section 2007 of this title and has been in continuous operation in Oklahoma for at least eighteen (18) months prior to the sale of prepayment contracts or membership agreements.
Added by Laws 1987, c. 217, § 5, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 5, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.3 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 3, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2006. Notes for payments to third parties upon breach prohibited - Rights of actions and defenses not cut off by assignment.

A. A contract or membership agreement for health spa services shall not require the execution of any note or series of notes by the buyer which, if separately negotiated, will require the buyer to make payments to third parties on a note or notes if the contract or membership agreement for the health spa services is breached by the health spa.
B. Whether or not the health spa has complied with the notice requirements of Section 7 of this act, any right of action or defense arising out of a health spa contract or membership agreement which the buyer has against the health spa, and which would be cut off by assignment, shall not be cut off by assignment of the contract or membership agreement to any third party holder, whether or not the holder acquires the contract in good faith and for value.
Added by Laws 1987, c. 217, § 8, eff. Nov. 1, 1987. Renumbered from Title 15, § 775.6 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 6, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2007. Bond or letter of credit required.

A. 1. Every health spa, before it enters into a health spa contract or membership agreement or accepts an initiation or prepayment fee in excess of Fifty Dollars ($50.00), shall file and maintain with the Administrator, in form and substance satisfactory to him, a bond with a corporate surety, from a company authorized to transact business in this state or a letter of credit from a bank insured by the Federal Deposit Insurance Corporation in the amounts indicated below:
Number of unexpired
Amount of bond
contracts or membership agreements
or letter of
exceeding six (6) months
credit
500 or less
$30,000.00
501 to 1000
$40,000.00
1001 to 1500
$50,000.00
1501 to 2000
$60,000.00
2001 or more
$70,000.00
2. The number of unexpired contracts or membership agreements exceeding six (6) months shall be separately calculated for each location where health spa services are offered.
3. Each separate location where health spa services are offered shall be considered a separate health spa and shall file a separate bond or letter of credit with respect thereto, even though the separate locations are owned or operated by the same owner.
4. No owner shall be required to file with the Administrator bonds or letters of credit in excess of Seventy Thousand Dollars ($70,000.00). If the seventy-thousand-dollar limit is applicable, then the bonds or letters of credit filed by such owner shall apply to all health spas owned or operated by the same owner.
B. The bond or letter of credit required by this section shall be in favor of the state for the benefit of:
1. any buyer injured by having paid money to the health spa posting the bond or letter of credit for health spa services in a facility which fails to open within sixty (60) days after the date upon which the buyer and the health spa entered into a contract or membership agreement or goes out of business prior to the expiration of the buyer's health spa contract or membership agreement; or
2. any buyer injured as a result of a violation of the Oklahoma Health Spa Act by the health spa posting the bond or letter of credit.
C. The aggregate liability of the bond or letter of credit to all persons for all breaches of the conditions of the bond or letter of credit shall in no event exceed the amount of the bond or letter of credit. The bond or letter of credit shall not be canceled or terminated except with the consent of the Administrator.
Added by Laws 1987, c. 217, § 9, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 6, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.7 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988; Laws 1991, c. 96, § 7, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2008. Change in ownership - Bond or letter of credit.

For purposes of the Oklahoma Health Spa Act, a health spa shall be considered a new health spa and subject to the requirements of a bond or letter of credit at the time the health spa changes ownership. A change in ownership shall not release, cancel or terminate liability under any bond or letter of credit previously filed unless the Administrator agrees in writing to such release, cancellation or termination because the new owner has filed a new bond or letter of credit for the benefit of the previous owner's members or because the former owner has refunded all unearned payments to its members.
Added by Laws 1987, c. 217, § 10, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 7, eff. Nov. 1, 1988. Renumbered from Title 15, § 775.8 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2027. Definitions.

As used in the Respiratory Care Practice Act:
1. "Board" means the State Board of Medical Licensure and Supervision;
2. "Practice of respiratory care" shall include, but not be limited to, the direct and indirect respiratory care services including but not limited to the administration of medical gases, pharmacological, diagnostic, and therapeutic agents and services related to respiratory care procedures necessary to implement and administer treatment, ventilatory support, maintenance of the airway via natural or artificial means, specimen collection, disease prevention, pulmonary rehabilitation, or diagnostic regimen prescribed by orders of a physician; observing and monitoring signs and symptoms, physiologic measurements of the cardiopulmonary system, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics; and implementation, based on clinical observations, of appropriate reporting, referral, respiratory care protocol, or changes in treatment, pursuant to a prescription by a person authorized to practice medicine under the laws of this state; or the initiation of emergency procedures under the rules of the Board or as otherwise permitted in the Respiratory Care Practice Act. The practice of respiratory care shall also include the terms "inhalation therapy" and "respiratory therapy". The practice of respiratory care shall not include the delivery, set-up, installation, maintenance, monitoring and the providing of instructions on the use of home oxygen and durable medical equipment;
3. "Qualified medical director" means the licensed physician responsible for respiratory care services or the licensed physician designated as such by the clinic, hospital, or employing health care facility. The physician must be a medical staff member or medical director of a health care facility licensed by the State Department of Health;
4. "Respiratory care practitioner" means a person licensed by this state and employed in the practice of respiratory care; and
5. "Respiratory therapist" means an individual who has graduated from a respiratory therapist program that is accredited by the Commission on Accreditation for Respiratory Care (CoARC) or an equivalent national respiratory care educational accreditation agency as identified by the Respiratory Care Advisory Committee and approved by the State Board of Medical Licensure and Supervision.
Added by Laws 1995, c. 171, § 2, eff. Nov. 1, 1995. Amended by Laws 2013, c. 72, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2029. Respiratory Care Advisory Committee - Meetings - Officers - Quorum - Duties.

A. The Respiratory Care Advisory Committee shall meet at least twice each year and shall elect biennially during odd-numbered years a chair and vice-chair from among its members. The Committee may convene at the request of the chair, or a majority of the Committee, or as the Committee may determine for such other meetings as may be deemed necessary to transact its business.
B. A majority of the members of the Committee, including the chair and vice-chair, shall constitute a quorum at any meeting, and a majority of the required quorum shall be sufficient for the Committee to take action by vote.
C. The Committee shall advise the Board in developing policy and rules pertaining to the Respiratory Care Practice Act.
Added by Laws 1995, c. 171, § 4, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2030. Duties of State Board of Medical Licensure and Supervision.

The State Board of Medical Licensure and Supervision shall:
1. Examine, license and renew the licenses of duly qualified applicants;
2. Maintain an up-to-date list of every person licensed to practice respiratory care pursuant to the Respiratory Care Practice Act. The list shall show the licensee's last-known place of employment, last-known place of residence, and the date and number of the license;
3. Cause the prosecution of all persons violating the Respiratory Care Practice Act and incur necessary expenses therefor;
4. Keep a record of all proceedings of the Board and make such record available to the public for inspection during reasonable business hours;
5. Conduct hearings upon charges calling for discipline of a licensee, or denial, revocation or suspension of a license; and
6. 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 penalty. This information shall be available for public inspection during reasonable business hours and shall be supplied to similar boards in other states upon request.
Added by Laws 1995, c. 171, § 5, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2031. Powers of State Board of Medical Licensure and Supervision - Rules.

The State Board of Medical Licensure and Supervision may:
1. Promulgate rules, consistent with the laws of this state, as may be necessary to enforce the provisions of the Respiratory Care Practice Act. Rules shall be promulgated in accordance with Article I of the Administrative Procedures Act;
2. Employ such personnel as necessary to assist the Board in performing its function;
3. Establish license renewal requirements and procedures as deemed appropriate;
4. Secure the services of resource consultants as deemed necessary by the Board. Resource consultants shall be reimbursed for all actual and necessary expenses incurred while engaged in consultative service to the Board, pursuant to the State Travel Reimbursement Act;
5. Enter into agreements or contracts, consistent with state law, with outside organizations for the purpose of developing, administering, grading or reporting the results of licensing examinations. Such groups shall be capable of providing an examination which:
a.
meets the standards of the National Commission for Health Certifying Agencies, or their equivalent,
b.
is able to be validated, and
c.
is nationally recognized as testing respiratory care competencies; and
6. Establish by rule license examination fees.
Added by Laws 1995, c. 171, § 6, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2032. Reimbursement of expenses - Protection from liability.

A. Members of the State Board of Medical Licensure and Supervision and members of the Respiratory Care Advisory Committee shall be reimbursed for all actual and necessary expenses incurred while engaged in the discharge of official duties pursuant to this act in accordance with the State Travel Reimbursement Act.
B. Members of the Board and Committee shall enjoy the same rights of protection from personal liability as those enjoyed by other employees of the state for actions taken while acting under the provisions of the Respiratory Care Practice Act and in the course of their duties.
Added by Laws 1995, c. 171, § 7, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2033. License - Examination - License by endorsement.

A. The applicant, except where otherwise defined in the Respiratory Care Practice Act, shall be required to pass an examination, whereupon the State Board of Medical Licensure and Supervision may issue to the applicant a license to practice respiratory care. The Board is authorized to provide for the examination of applicants or to facilitate verification of any applicant's claim that the applicant has successfully completed the required examination for national credentialing as a respiratory care practitioner.
B. The Board may issue a license to practice respiratory care by endorsement to:
1. An applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are deemed by the Board to be equivalent to those required in this state;
2. Applicants holding credentials as a respiratory therapist conferred by the National Board for Respiratory Care (NBRC) or its successor organization as identified by the Respiratory Care Advisory Committee and approved by the State Board of Medical Licensure and Supervision, provided such credentials have not been suspended or revoked; and
3. Applicants applying under the conditions of this section who certify under oath that their credentials have not been suspended or revoked.
Added by Laws 1995, c. 171, § 8, eff. Nov. 1, 1995. Amended by Laws 2013, c. 72, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2034. Provisional license.

A. The State Board of Medical Licensure and Supervision may issue, upon payment of a fee established by the Board, a provisional license to practice respiratory care for a period of six (6) months under supervision of a consenting licensed respiratory care practitioner or consenting licensed physician. A provisional license may be issued to a person licensed in another state, territory or country who does not qualify for a license by endorsement but has applied to take the license examination and otherwise meets the qualifications of the Board. Provided, the applicant must show written evidence, verified by oath, that the applicant is currently practicing or has within the last six (6) months practiced respiratory care in another state, territory or country. A provisional license may be issued also to a graduate of a respiratory care education program, approved by the Commission on Accreditation for Respiratory Care (CoARC) or an equivalent national respiratory care educational accrediting body as identified by the Respiratory Care Advisory Committee and approved by the State Board of Medical Licensure and Supervision, who has applied to take the license examination and otherwise meets the qualifications of the Board.
B. A currently enrolled student may receive a provisional license as set out by the rules of the Board.
C. Provisional licenses may be renewed at the discretion of the Board for additional six-month periods.
Added by Laws 1995, c. 171, § 9, eff. Nov. 1, 1995. Amended by Laws 2013, c. 72, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2035. License - Applicants who have not passed CRTT or RRT examination.

A. The State Board of Medical Licensure and Supervision may issue a license to practice respiratory care, upon payment of a fee of Seventy-five Dollars ($75.00), to persons who have qualified pursuant to Section 8 of this act.
B. 1. Other applicants who have not passed the CRTT or RRT examination and who have been practicing respiratory care in a full time capacity for a period of more than twenty-four (24) months prior to the effective date of this act may, at the discretion of the Board, be issued a license to practice respiratory care upon payment of a fee of Seventy-five Dollars ($75.00). Provided, such applicant must demonstrate through written evidence verified under oath and certified to by the employing health care facility that applicant has in fact been employed in such capacity for more than twenty-four (24) months preceding the effective date of this act.
2. All other applicants who have not passed the CRTT or RRT examinations and who have been in the full time practice of respiratory care for a period of less than twenty-four (24) months, who, through written evidence verified by oath, demonstrate as required by rules of the Board that they are currently functioning in the capacity of a respiratory care practitioner, may be given a special provisional license to practice respiratory care under the supervision of a consenting licensed respiratory care practitioner or consenting licensed physician for a period of no longer than thirty-six (36) months from the effective date of this act. Such applicants must pass an entry level examination administered by the Board during the thirty-six-month period in order to be issued a license to practice respiratory care. The fee for a special provisional license shall be Seventy-five Dollars ($75.00).
Added by Laws 1995, c. 171, § 10, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2036. Use of title permitted - Presentation of license.

A. A person holding a license to practice respiratory care in this state may use the title "respiratory care practitioner" and the abbreviation "R.C.P."
B. A licensee shall present this license when requested.
Added by Laws 1995, c. 171, § 11, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2037. Renewal of license - Lapse and reinstatement - Inactive status - Continuing education requirements.

A. Except as otherwise provided in the Respiratory Care Practice Act, a license shall be renewed biennially. The State Board of Medical Licensure and Supervision shall mail notices at least thirty (30) calendar days prior to expiration for renewal of licenses to every person to whom a license was issued or renewed during the preceding renewal period. The licensee shall complete the notice of renewal and return it to the Board with the renewal fee of Seventy-five Dollars ($75.00) before the date of expiration.
B. Upon receipt of the notice of renewal and the fee, the Board shall verify its contents and shall issue the licensee a license for the current renewal period, which shall be valid for the period stated thereon.
C. A licensee who allows the license to lapse by failing to renew it may be reinstated by the Board upon payment of the renewal fee and reinstatement fee of One Hundred Dollars ($100.00); provided, that such request for reinstatement is received within thirty (30) days of the end of the renewal period.
D. 1. A licensed respiratory care practitioner who does not intend to engage in the practice of respiratory care shall send a written notice to that effect to the Board and is not required to submit a notice of renewal and pay the renewal fee as long as the practitioner remains inactive. Upon desiring to resume the practice of respiratory care, the practitioner shall notify the Board in writing of this intent and shall satisfy the current requirements of the Board in addition to submitting a notice of renewal and remitting the renewal fee for the current renewal period and the reinstatement fee.
2. Rules of the Board shall provide for a specific period of time of continuous inactivity after which retesting is required.
E. The Board is authorized to establish by rule fees for replacement and duplicate licenses.
F. The Board shall by rule prescribe continuing education requirements, not to exceed twelve (12) clock hours biennially, as a condition for renewal of license. The program criteria with respect thereto shall be approved by the Board.
Added by Laws 1995, c. 171, § 12, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2038. Deposit of fees - Appropriation to pay expenses.

Fees received by the State Board of Medical Licensure and Supervision and any other monies collected pursuant to the Respiratory Care Practice Act shall be deposited with the State Treasurer who shall place the same in the regular depository fund of the Board. Said deposit, less the ten percent (10%) gross fees paid into the General Revenue Fund, is hereby appropriated and shall be used to pay expenses incurred pursuant to the Respiratory Care Practice Act.
Added by Laws 1995, c. 171, § 13, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2039. Where respiratory practice may be performed.

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.
Added by Laws 1995, c. 171, § 14, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2040. Revocation, suspension or refusal to renew license - Probation, reprimand or denial of license.

The State Board of Medical Licensure and Supervision may revoke, suspend or refuse to renew any license or place on probation, or otherwise reprimand a licensee or deny a license to an applicant if it finds that the person:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice respiratory care;
2. Is unfit or incompetent by reason of negligence, habits, or other causes of incompetency;
3. Is habitually intemperate in the use of alcoholic beverages;
4. Is addicted to, or has improperly obtained, possessed, used or distributed habit-forming drugs or narcotics;
5. Is guilty of dishonest or unethical conduct;
6. Has practiced respiratory care after the license has expired or has been suspended;
7. Has practiced respiratory care under cover of any license illegally or fraudulently obtained or issued;
8. Has violated or aided or abetted others in violation of any provision of the Respiratory Care Practice Act;
9. Has been guilty of unprofessional conduct as defined by the rules established by the Board, or of violating the code of ethics adopted and published by the Board; or
10. Is guilty of the unauthorized practice of medicine.
Added by Laws 1995, c. 171, § 15, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2041. Investigation of complaints - Notice of hearing - Subpoenas - Publication of names and addresses of suspended, etc. practitioners.

A. Upon filing of a written complaint with the State Board of Medical Licensure and Supervision, charging a person with any of the acts described in Section 15 of this act, the authorized employee of the Board may make an investigation. If the Board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee, or applicant at least fifteen (15) calendar days prior thereto. The notice shall be by personal service or by certified or registered mail sent to the last-known address of the person.
B. The Board or its designee may issue subpoenas for the attendance of witnesses and the production of necessary evidence on any investigation or hearing before it. Upon request of the respondent or the respondent's counsel, the Board may issue subpoenas on behalf of the respondent.
C. Unless otherwise provided in the Respiratory Care Practice Act, hearing procedures shall be conducted in accordance with, and a person who feels aggrieved by a decision of the Board may make an appeal pursuant to, Article II of the Administrative Procedures Act.
D. If found to be guilty as charged, the practitioner shall pay for all costs incurred by the Board.
E. The Board shall make public on a case-by-case basis the names and addresses of persons whose licenses have been denied, surrendered, revoked, suspended or who have been denied renewal of their licenses, and persons who have been practicing respiratory care in violation of the Respiratory Care Practice Act.
Added by Laws 1995, c. 171, § 16, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2044. Misdemeanor violations - Penalties.

A. It is a misdemeanor for any person to:
1. Sell, fraudulently obtain or furnish any respiratory care license or record, or aid or abet therein;
2. Practice respiratory care under cover of any respiratory care diploma, license or record illegally or fraudulently obtained or issued;
3. Practice respiratory care unless duly licensed to do so under the provisions of the Respiratory Care Practice Act;
4. Impersonate in any manner or pretend to be a respiratory care practitioner or use the title "respiratory care practitioner", the letters "R.C.P.", or other words, letters, signs, symbols or devices to indicate the person using them is a licensed respiratory care practitioner, unless duly authorized by license to perform under the provisions of the Respiratory Care Practice Act;
5. Practice respiratory care during the time a license is suspended, revoked or expired;
6. Fail to notify the State Board of Medical Licensure and Supervision of the suspension, probation, or revocation of any past or currently held licenses, certifications, or registrations required to practice respiratory care in this or any other jurisdiction;
7. Knowingly employ unlicensed persons in the practice of respiratory care in the capacity of a respiratory care practitioner;
8. Make false representations or impersonate or act as a proxy for another person or allow or aid any person or impersonate the person in connection with any examination or application for licensing or request to be examined or licensed; or
9. Otherwise violate any provisions of the Respiratory Care Practice Act.
B. Such misdemeanor shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment for each offense.
Added by Laws 1995, c. 171, § 19, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2045. Use of other earned professional designations or credentials.

A. Nothing contained in the Respiratory Care Practice Act shall preclude a respiratory care practitioner, a respiratory therapist, or a respiratory therapy technician exempt from being licensed under the Respiratory Care Practice Act or a provisional license holder from using or displaying earned professional designations or credentials including, but not limited to, CRTT, RRT, CPFT and RPFT. However, a respiratory care practitioner may use and display the designation Respiratory Care Practitioner or RCP in conjunction with the use or display of any such other earned professional designation or credentials.
B. A provisional or special provisional license holder shall not use or display the designation Respiratory Care Practitioner or RCP but may use or display any earned professional designations or credentials.
Added by Laws 1995, c. 171, § 20, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2052. Definitions.

As used in the Oklahoma Licensed Perfusionists Act:
1. "Board" means the State Board of Examiners of Perfusionists;
2. "Extracorporeal circulation" means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs or both;
3. "Licensed perfusionist" means a person licensed to practice perfusion pursuant to the Oklahoma Licensed Perfusionists Act;
4. "Perfusion" means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory and respiratory systems to ensure the safe management of physiologic functions by monitoring the parameters of the systems under an order and under the supervision of a licensed physician, including:
a.
the use of extracorporeal circulation, cardiopulmonary support techniques, and other therapeutic and diagnostic technologies,
b.
ventricular assistance, administration of cardioplegia, and isolated limb perfusion,
c.
the use of techniques involving blood management, advanced life support, and other related functions, and
d.
in the performance of the acts described in this paragraph:
(1)
the administration of:
(a)
pharmacological and therapeutic agents, or
(b)
blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician,
(2)
the performance and use of:
(a)
anticoagulation analysis,
(b)
physiologic analysis,
(c)
blood gas and chemistry analysis,
(d)
hypothermia,
(e)
hyperthermia,
(f)
hemoconcentration, and
(g)
hemodilution,
(3)
the observation of signs and symptoms related to perfusion services, and the determination of whether the signs and symptoms exhibit abnormal characteristics, and
(4)
the implementation of appropriate reporting and perfusion protocols, and changes in, or the initiation of, emergency procedures;
5. "Perfusion protocol" means perfusion-related policies and protocols developed or approved by a licensed health facility or a physician through collaboration with administrators, licensed perfusionists, and other health professionals; and
6. "Provisional licensed perfusionist" means a person provisionally licensed by this state pursuant to the Oklahoma Licensed Perfusionists Act.
Added by Laws 1996, c. 226, § 2, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2054. State Board of Examiners of Perfusionists - Officers - Meetings.

A. Within thirty (30) days after the members of the State Board of Examiners of Perfusionists are appointed, the Board shall meet to elect a chair and vice-chair who shall hold office according to the rules adopted by the Board.
B. The Board shall hold at least two regular meetings each year as provided by the rules and procedures adopted by the Board.
C. A majority of the members of the Board, including the chair and vice-chair shall constitute a quorum at any meeting, and a majority of the required quorum shall be sufficient for the Board to take action by vote.
D. The Board shall comply with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, the Administrative Procedures Act, and any other general act, statutorily created duty or requirement applicable to state agencies.
Added by Laws 1996, c. 226, § 4, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2056. State Board of Examiners of Perfusionists - Employees and property - Executive Secretary.

A. The State Board of Examiners of Perfusionists may employ such personnel and acquire such facilities, equipment, and supplies as are necessary to assist the Board in the administration and implementation of the provisions of the Oklahoma Licensed Perfusionists Act.
B. The Board shall designate a member of the Board to serve as the Executive Secretary of the Board. The Executive Secretary shall be the administrator of the licensure activities of the Board.
C. In addition to other duties prescribed by the Oklahoma Licensed Perfusionists Act and by the Board, the Executive Secretary shall:
1. Keep full and accurate minutes of the transactions and proceedings of the Board;
2. Be the custodian of the files and records of the Board;
3. Prepare and recommend to the Board plans and procedures necessary to implement the purposes and objectives of the Oklahoma Licensed Perfusionists Act, including rules and proposals on administrative procedures consistent with the Oklahoma Licensed Perfusionists Act;
4. Exercise general supervision over persons employed by the Board in the administration of the Oklahoma Licensed Perfusionists Act;
5. Be responsible for the investigation of complaints and for the presentation of formal complaints;
6. Attend all meetings of the Board as a nonvoting participant; and
7. Handle the correspondence of the Board and obtain, assemble or prepare the reports and information that the Board may direct or authorize.
Added by Laws 1996, c. 226, § 6, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2057. State Board of Examiners of Perfusionists - Compensation - Liability.

A. Members of the State Board of Examiners of Perfusionists shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred while engaged in the discharge of official duties pursuant to the Oklahoma Licensed Perfusionists Act in accordance with the State Travel Reimbursement Act.
B. Members of the Board shall enjoy the same rights of protection from personal liability as those enjoyed by other employees of the state for actions taken while acting under the provisions of the Oklahoma Licensed Perfusionists Act and in the course of their duties.
Added by Laws 1996, c. 226, § 7, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2058. Perfusionists Licensure Fund.

There is hereby created in the State Treasury a revolving fund for the State Board of Examiners of Perfusionists to be designated the "Perfusionists Licensure Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees received by the Board and any other monies collected pursuant to the Oklahoma Licensed Perfusionists Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Board for any purpose which is reasonably necessary to carry out the provisions of the Oklahoma Licensed Perfusionists 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.
Added by Laws 1996, c. 226, § 8, eff. July 1, 1996. Amended by Laws 2012, c. 304, § 291.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2059. License - Requirements - Application - Education programs - Notice of qualification or nonqualification.

A. Except as otherwise provided in the Oklahoma Licensed Perfusionists Act, no person shall practice perfusion in this state unless licensed pursuant to the provisions of the Oklahoma Licensed Perfusionists Act.
B. No person shall be licensed to practice perfusion in this state except upon a finding by the State Board of Examiners of Perfusionists that such person:
1. Has fully complied with all applicable licensure requirements of the Oklahoma Licensed Perfusionists Act; and
2. Has produced satisfactory evidence to the Board of the ability of the applicant to practice perfusion with reasonable skill and safety.
C. An applicant for a perfusionist license must submit a sworn application accompanied by an application fee specified in Section 2071 of this title in an amount set by rule of the Board.
D. The Board shall prescribe the form of the application and by rule may establish dates by which applications and fees must be received. These rules must not be inconsistent with present rules of the State Board of Medical Licensure and Supervision related to application dates of other licenses. The Board may review and verify medical credentials and screen applicant records through recognized national information services.
E. To qualify for the examination for licensure, the applicant must have successfully completed a perfusion education program approved by the Board.
F. In approving perfusion education programs necessary for qualification for examination, the Board shall approve only a program that has educational standards that are at least as stringent as those established by the Accreditation Committee for Perfusion Education and approved by the Committee on Allied Health Education and Accreditation of the American Medical Association or their successors.
G. Not later than the forty-fifth day after the date of receipt of a properly submitted and timely application and not later than the thirtieth day before the next examination date, the Board shall notify an applicant in writing that the applicant's application and any other relevant evidence pertaining to applicant qualifications established by the Board by rule have been received and investigated. The notice shall state whether the application and other evidence submitted have qualified the applicant for examination. If the applicant has not qualified for examination, the notice shall state the reasons for lack of qualification.
Added by Laws 1996, c. 226, § 9, eff. July 1, 1996. Amended by Laws 2000, c. 29, § 1, emerg. eff. April 6, 2000; Laws 2017, c. 19, § 1, eff. Nov. 1, 2017; Laws 2019, c. 363, § 68, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2060. Licenses - Examination.

A. The applicant, except where otherwise provided in the Oklahoma Licensed Perfusionists Act, shall be required to pass an examination, whereupon the State Board of Examiners of Perfusionists may issue to the applicant a license to practice perfusion. 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 the written and oral examinations given by the American Board of Cardiovascular Perfusion or by a national or state testing service in lieu of an examination prepared by the Board.
C. Not later than thirty (30) days after the date on which an examination is administered under the provisions of the Oklahoma Licensed Perfusionists Act, the Board shall notify each examinee of the results of the examination. If an examination is graded or reviewed by a national or state testing service, the Board shall notify examinees of the results of the examination within two (2) weeks after the date the Board receives the results from the testing service. If the notice of examination results will be delayed for more than ninety (90) days after the examination date, the Board shall notify the examinee of the reason for the delay before the ninetieth day.
D. If requested in writing by a person who fails the examination, the Board shall furnish the person with an analysis of the person's performance on the examination.
E. The Board by rule may establish a limit on the number of times an applicant who fails an examination may retake the examination and the requirements for retaking the examination.
Added by Laws 1996, c. 226, § 10, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2061. Licenses - Waiver of examination.

A. Upon the receipt of an application and application fee, the State Board of Examiners of Perfusionists shall waive the examination requirement and issue a license to practice perfusion by endorsement to an applicant who:
1. Is currently permitted, licensed or certified by another state, territory, or possession of the United States if the requirements of that state, territory, or possession for the permit, license or certificate are deemed by the Board to be equivalent to those required in this state by the Oklahoma Licensed Perfusionists Act; or
2. Holds a license as a Certified Clinical Perfusionist (CCP) by the American Board of Cardiovascular Perfusion prior to January 1, 1997, provided such license has not been not renewed, suspended or revoked; or
3. Has been practicing perfusion in a full-time capacity for a period of more than twenty-four (24) months prior to January 1, 1997; and
4. Meets and complies with all other requirements specified by the Oklahoma Licensed Perfusionists Act or rules promulgated thereto.
B. An applicant applying for a license pursuant to the provisions of this section shall certify under oath that the applicant's credentials have not been suspended, revoked, or not renewed or the applicant has not been placed on probation, or reprimanded.
Added by Laws 1996, c. 226, § 11, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2062. Licenses - Provisional license.

A. 1. Upon the receipt of an application and application fee, the State Board of Examiners of Perfusionists may issue a provisional license to practice perfusion for a period of one (1) year to a person permitted, licensed or certified in another state, territory, or possession of the United States who does not qualify for a licensure by endorsement pursuant to Section 11 of this act but has applied to take the examination and otherwise meets the qualifications of the Board. Provided, the applicant must show written evidence, verified by oath, that the applicant is currently practicing or has within the last six (6) months practiced perfusion in another state, territory, or possession of the United States.
2. A graduate of a perfusion education program approved by the Accreditation Committee for Perfusion Education and approved by the Committee on Allied Health Education and Accreditation of the American Medical Association or their successors, who has applied to take the examination and otherwise meets the qualifications of the Board.
3. A student currently enrolled in a perfusion education program approved by the Accreditation Committee for Perfusion Education and approved by the Committee on Allied Health Education and Accreditation of the American Medical Association or their successors may receive a provisional license as set out by the rules of the Board.
B. A person to whom a provisional license is issued pursuant to this section shall be under the supervision and direction of a licensed perfusionist at all times during which the provisional licensed perfusionist performs perfusion. Rules promulgated by the Board governing such supervision and direction shall require the immediate physical presence of the supervising licensed perfusionist.
Added by Laws 1996, c. 226, § 12, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2063. Licenses - Issuance.

The Board may issue a license to practice perfusion upon payment of a licensure fee specified by Section 21 of this act to any person who has:
1. Qualified pursuant to Section 10 or Section 11 of this act; or
2. Been practicing perfusion in a full-time capacity for a period of more than twenty-four (24) months prior to January 1, 1997; provided, such applicant must demonstrate through written evidence verified under oath and certified to by the employing health care facility that the applicant has in fact been employed in such capacity for more than twenty-four (24) months preceding January 1, 1997.
Added by Laws 1996, c. 226, § 13, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2064. Licenses - Title - Display - Copy in records - Change of address - Surrender on demand.

A. A person holding a license to practice perfusion in this state may use the title "licensed perfusionist" and the abbreviation "L.P.".
B. A license holder must:
1. Display the license in an appropriate and public manner; or
2. Maintain on file at all times during which the license provides services in a health care facility a true and correct copy of the license in the appropriate records of the facility; and
3. Keep the State Board of Examiners of Perfusionists informed of any change of address.
C. A licensure issued by the Board is the property of the Board and shall be surrendered on demand.
Added by Laws 1996, c. 226, § 14, eff. July 1, 1996.