reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2305. Advisory Committee on Pedorthics – Members - Duties.

A. There is hereby re-created, to continue until July 1, 2024, in accordance with the provisions of the Oklahoma Sunset Law, an Advisory Committee on Pedorthics, which shall consist of five (5) voting members to be appointed by the State Board of Medical Licensure and Supervision to three-year terms ending December 31; provided, initial appointments shall be staggered such that two members are appointed for one (1) year, two members are appointed for two (2) years, and one member is appointed for three (3) years.
B. One member shall be a licensed physician who is a member of the State Board of Medical Licensure and Supervision. One member shall be a physician licensed to practice podiatric medicine by the Board of Podiatric Medical Examiners. One member shall be a member of the public who is a consumer of pedorthic services. Two members shall be pedorthists certified by the Board for Certification in Pedorthics or pedorthists licensed by the State Board of Medical Licensure and Supervision.
C. Members shall serve until their successors are appointed and qualified; provided, no member shall serve more than eight (8) consecutive years or two full terms, whichever is greater.
D. The Committee shall annually elect a chair and vice-chair from among the members. The chair or vice-chair and two other members shall constitute a quorum. Members shall be reimbursed from funds available to the State Board of Medical Licensure and Supervision pursuant to the State Travel Reimbursement Act.
E. 1. The Committee shall advise the Board on matters pertaining to pedorthics, including but not limited to:
a.
scope and standards of practice,
b.
licensure and registration requirements, examination requirements, exceptions thereto, renewal requirements, temporary licensure or registration, and endorsement or reciprocity requirements,
c.
methods and requirements for ensuring the continued competence of licensed and registered persons,
d.
grounds for probation, revocation or suspension of license or registration, reinstatement provisions,
e.
fees, and
f.
all other matters which may pertain to the practice of pedorthics.
2. The Committee shall review and make recommendations to the Board on all applications for licensure and registration.
3. The Committee shall assist and advise the Board in all hearings related to the enforcement of the Oklahoma Licensed Pedorthists Act.
Added by Laws 2001, c. 190, § 5, eff. Nov. 1, 2001. Amended by Laws 2007, c. 21, § 1; Laws 2013, c. 346, § 1; Laws 2019, c. 464, § 1; Laws 2021, c. 558, § 9, eff. July 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2307. Circumstances under which care or services may be provided - Practice without license or registration - Fines.

A. A licensed pedorthist may only provide care or services pursuant to an order from a licensed podiatrist, physician, or chiropractor, when addressing a medical condition, or when evaluating, planning treatment, measuring, designing, fabricating, assembling, fitting, adjusting, managing of the patient, or servicing necessary to accomplish the application of a pedorthic device for the prevention or amelioration of painful or disabling conditions of the foot and ankle.
B. Effective January 1, 2002, any person who holds himself or herself out to be a pedorthist or uses the title pedorthist or common variants of that title without holding an appropriate license issued by the State Board of Medical Licensure and Supervision, or who, without being registered by the Board, dispenses pedorthic devices, or who is in violation of any provision of the Oklahoma Licensed Pedorthists Act shall be subject to an administrative fine for each day found to be in violation. The amount of any fine shall be determined by the Board within limits set by the Board pursuant to rules adopted and promulgated by the Board and may be in addition to any other penalty provided by the Board or otherwise provided by law.
Added by Laws 2001, c. 190, § 7, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2308. Public roster of names and addresses.

The State Board of Medical Licensure and Supervision shall maintain a current roster of the names and addresses of all persons licensed or registered pursuant to the Oklahoma Licensed Pedorthists Act and of all persons whose licenses or registrations have been suspended or revoked pursuant to the act. This roster shall be a public document available pursuant to the Oklahoma Open Records Act.
Added by Laws 2001, c. 190, § 8, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3003. Persons to whom act does not apply.

The Orthotics and Prosthetics Practice Act shall not apply to:
1. Persons licensed by this state as practitioners of the healing arts when engaging in the practice or practices for which licensed;
2. A person who is employed by the government of the United States or any entity thereof while in the discharge of the employee’s assigned duties;
3. A student enrolled in a school of orthotics or prosthetics recognized by the State Board of Medical Licensure and Supervision or a resident as defined by Section 3002 of this title who is continuing clinical education;
4. A person licensed by this state as a physical therapist, occupational therapist, or physician assistant when engaging in the practice for which licensed;
5. A person certified by the Board for Certification in Pedorthics when practicing pedorthics at the ankle or below; or
6. A person engaged in the practice of orthotics as an employee or authorized representative of an orthotics manufacturer with employment responsibilities that include, but are not limited to, evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, training, repairing, replacing or delivering an orthotic device under order, direction or prescription of a physician or health-care provider operating within the licensed scope of practice of such physician or health-care provider.
Added by Laws 2001, c. 158, § 3, eff. Nov 1, 2001. Amended by Laws 2004, c. 523, § 13, emerg. eff. June 9, 2004; Laws 2005, c. 357, § 2, emerg. eff. June 6, 2005.
NOTE: Laws 2005, c. 285, § 3 repealed by Laws 2006, c. 16, § 43, emerg. eff. March 29, 2006.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3004. Rules – Investigations - Injunctions.

A. The State Board of Medical Licensure and Supervision is hereby authorized to adopt and promulgate rules, pursuant to the Administrative Procedures Act, that it deems necessary for the implementation and enforcement of the Orthotics and Prosthetics Practice Act, including but not limited to, qualifications for licensure, qualifications for registration, renewals, reinstatements, continuing education requirements, and fees. In so doing the Board shall give utmost consideration to the recommendations of the Advisory Committee on Orthotics and Prosthetics created by Section 5 of this act.
B. The Board is hereby empowered to perform investigations, require the production of records and other documents relating to practices regulated by the Orthotics and Prosthetics Practice Act, and seek injunctive relief.
Added by Laws 2001, c. 158, § 4, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3005. Advisory Committee on Orthotics and Prosthetics - Assistance and advice to the Board.

A. There is hereby re-created, to continue until July 1, 2024, in accordance with the provisions of the Oklahoma Sunset Law, an Advisory Committee on Orthotics and Prosthetics, which shall consist of seven (7) voting members to be appointed by the State Board of Medical Licensure and Supervision to three-year terms ending December 31; provided, initial appointments shall be staggered such that two members are appointed for one (1) year, two members are appointed for two (2) years, and three members are appointed for three (3) years.
B. One member shall be a licensed physician who is a member of the State Board of Medical Licensure and Supervision. Two members shall be lay persons who are consumers of orthotic or prosthetic services. Two members shall be licensed orthotists, not more than one of whom may also be a licensed prosthetist. Two members shall be licensed prosthetists, not more than one of whom may also be a licensed orthotist; provided, licensure under the Orthotics and Prosthetics Practice Act not being possible until the act is implemented, two of the initial appointees to positions requiring licensure as an orthotist or prosthetist shall, in lieu of licensure, be certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics and two shall be certified by the Board for Orthotist/Prosthetist Certification.
C. Members shall serve until their successors are appointed and qualified; provided, no member shall serve more than eight (8) consecutive years or two full terms, whichever is greater.
D. The Committee shall annually elect a chair and vice-chair from among the members required to be licensed. The chair or vice-chair and three other members shall constitute a quorum. Members shall be reimbursed from funds available to the State Board of Medical Licensure and Supervision pursuant to the State Travel Reimbursement Act.
E. 1. The Committee shall advise the Board on matters pertaining to orthotics and prosthetics, including, but not limited to:
a.
scope and standards of practice,
b.
licensure and registration requirements, examination requirements, exceptions thereto, renewal requirements, temporary licensure or registration, and endorsement or reciprocity requirements,
c.
methods and requirements for ensuring the continued competence of licensed and registered persons,
d.
grounds for probation, revocation, or suspension of license or registration, reinstatement provisions,
e.
fees, and
f.
all other matters which may pertain to the practice of orthotics or prosthetics.
2. The Committee shall review and make recommendations to the Board on all applications for licensure and registration.
3. The Committee shall assist and advise the Board in all hearings related to the enforcement of the Orthotics and Prosthetics Practice Act.
Added by Laws 2001, c. 158, § 5, eff. Nov. 1, 2001. Amended by Laws 2007, c. 22, § 1; Laws 2013, c. 347, § 1; Laws 2019, c. 465, § 1; Laws 2021, c. 558, § 10, eff. July 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3007. Prescription from licensed physician required - Penalties for practicing without license.

A. A licensed orthotist may only provide care or services pursuant to a prescription from a licensed physician. A licensed prosthetist may only provide care or services pursuant to a prescription from a licensed physician.
B. Effective July 1, 2002, any person who holds himself or herself out as an orthotist or prosthetist or uses the titles Orthotist, Prosthetist, Orthotist/Prosthetist, or common variants of those titles without holding an appropriate license issued by the State Board of Medical Licensure and Supervision, or who, without being registered by the Board, represents himself or herself to be a prosthetic/orthotic technician, or prosthetist/orthotist assistant, or who is in violation of any provision of the Orthotics and Prosthetics Practice Act shall be subject to an administrative fine for each day found to be in violation. The amount of any fine shall be determined by the Board within limits set by the Board pursuant to rules adopted and promulgated by the Board and may be in addition to any other penalty provided by the Board or otherwise provided by law.
Added by Laws 2001, c. 158, § 7, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3008. Roster of names and addresses.

The State Board of Medical Licensure and Supervision shall maintain a current roster of the names and addresses of all persons licensed or registered pursuant to the Orthotics and Prosthetics Practice Act and of all persons whose licenses or registrations have been suspended or revoked. This roster shall be a public document available pursuant to the Oklahoma Open Records Act.
Added by Laws 2001, c. 158, § 8, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3023.1. Application for Elevator Inspector

A. Any person, sole proprietor, partnership, firm, joint venture, association, corporation or any other business entity wishing to engage in the business of elevator, escalator, moving walk or platform or stairway chairlift inspections within the jurisdiction of this state shall make application for a license with the Department of Labor on a form to be provided by the Department. An inspector shall possess those qualifications established by rule of the Department of Labor.
B. No inspector's license shall be granted to any person unless he or she demonstrates to the satisfaction of the Commissioner of Labor that he or she meets the current ASME QEI-1, Standards for the Qualifications of Elevator Inspectors.
Added by Laws 2016, c. 93, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3023.2. Private residences - Inspection - Certificate of operation fee.

A. The certificate of operation fee for newly installed elevators, platform lifts, and stairway chairlifts for private residences shall be subsequent to an inspection by a third party inspector or by the Commissioner or his or her designee.
B. A third party inspector or the Commissioner, or his or her designee, shall inspect, in accordance with the requirements set forth in this chapter, all newly installed elevators, platform lifts, and stairway chairlifts for private residences. For newly installed residential elevators and other residential elevators, the inspector shall note on the inspection report compliance with the applicable codes governing protection of hoist way openings, commonly known as the 3x5 rule.
C. An owner, operator or installer of a new residential elevator may voluntarily request the Department of Labor to conduct a review of a planned new installation for compliance with the provisions of the Elevator Safety Act and Department regulations. The review shall be performed in accordance with Department regulations regarding installation permits. The Department may charge a fee for the review as established by rule. The review shall not subject the owner, operator or installer to any additional responsibilities under the Elevator Safety Act, which are not otherwise required prior to the voluntary review.
Added by Laws 2016, c. 93, § 4, eff. Nov. 1, 2016. Amended by Laws 2018, c. 46, § 3, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3023.3. Liability insurance required

Elevator inspectors, not employed by the authority having jurisdiction, shall submit to the Department of Labor an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least One Million Dollars ($1,000,000.00) for injury or death of any number of persons in any one occurrence and with coverage of at least Five Hundred Thousand Dollars ($500,000.00) for property damage in any one occurrence and the statutory workers' compensation insurance coverage.
Added by Laws 2016, c. 93, § 5, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3023.4. Enforcement program - Investigations

A. It shall be the duty of the Department of Labor to develop an enforcement program which will ensure compliance with regulations and requirements referenced in this chapter. An enforcement program may include, but is not limited to, regulations for identification of property locations which are subject to the regulations and requirements; issuing notifications to violating property owners or operators; random on-site inspections and tests on existing installations; witnessing periodic inspections and testing in order to ensure satisfactory performance by licensed persons, sole proprietors, firms or corporations; and assisting in the development of public awareness programs.
B. Any person may request an investigation into an alleged violation of this chapter by giving notice to the Department of Labor of such violation or danger. The notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request.
C. Upon receipt of a notification, if the Commissioner determines that there are reasonable grounds to believe that a violation or danger exists, the Commissioner shall cause to be made an investigation in accordance with this chapter as soon as practicable to determine if such violation or danger exists. If the Commissioner determines that there are no reasonable grounds to believe that a violation or danger exists, the Department of Labor shall notify the party in writing of such determination.
Added by Laws 2016, c. 93, § 6, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3023.5. Scope of responsibility or liability

This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing or repairing any elevator or other related mechanism covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefor or any liability to any person for whatever reason whatsoever by the enactment of this chapter or any acts or omissions arising hereunder.
Added by Laws 2016, c. 93, § 7, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3023.6. Initial and annual inspections.

A. Initial inspections shall be conducted by the Commissioner or his or her designee. It shall be the responsibility of the owners of all new and existing conveyances located in any building or structure to have the conveyances inspected annually (ASME A17.1, category one) by a licensed elevator inspector. Subsequent to inspection, the licensed elevator inspector shall supply the property owner or lessee and the Commissioner with a written inspection report describing any and all violations. Property owners shall have thirty (30) days from the date of the published inspection report, or a reasonable period of time as determined by the Commissioner beyond the 30-day period, to be in full compliance with correcting the violations.
B. It shall be the responsibility of the owners of conveyances to have a licensed elevator inspector, as described in this chapter, ensure that the required tests are performed at intervals in compliance with ASME A17.1, ASME A18.1 and ASCE 21.
C. All tests shall be performed by a licensed elevator mechanic.
Added by Laws 2016, c. 93, § 8, eff. Nov. 1, 2016. Amended by Laws 2018, c. 46, § 4, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.2. Definitions.

As used in Shepherd's Law:
1. "Certified Nurse-Midwife" or "nurse-midwife" shall have the same meaning as provided by Section 567.3a of Title 59 of the Oklahoma Statutes;
2. "Commissioner" means the State Commissioner of Health;
3. "Committee" means the Advisory Committee on Midwifery;
4. "Department" means the State Department of Health;
5. "Licensed midwife" means a person who practices midwifery and is licensed under this act;
6. "Midwifery" means the practice of:
a.
providing the necessary supervision, care and advice to a woman during normal pregnancy, labor and the postpartum period,
b.
conducting a normal delivery of a child,
c.
providing normal newborn care, and
d.
providing routine well-woman care and screenings;
7. "Newborn" means an infant from birth through the first six weeks of life;
8. "Normal" means, as applied to pregnancy, labor, delivery, the postpartum period and the newborn period, and as defined by rules of the State Commissioner of Health, circumstances under which a midwife has determined that a client does not have a condition that requires medical intervention;
9. "Postpartum period" means the first six weeks after a woman has given birth; and
10. "Unlicensed midwife" means a person who offers midwifery services or holds himself or herself out to be a midwife who is not licensed under this act.
Added by Laws 2020, c. 40, § 2, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.3. Application.

Shepherd's Law does not apply to:
1. A Certified Nurse-Midwife, a physician or another health care professional licensed by the state and operating within the scope of the person's license;
2. A student midwife who is providing midwifery care under the direct supervision of a qualified, licensed midwife preceptor;
3. A natural childbirth educator; or
4. A person other than a midwife who assists childbirth in an emergency.
Added by Laws 2020, c. 40, § 3, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.4. Promulgation of rules.

A. The State Commissioner of Health is hereby authorized to promulgate rules, pursuant to the Administrative Procedures Act, that the Commissioner deems necessary for the implementation and enforcement of Shepherd's Law including, but not limited to:
1. Scope of practice;
2. A formulary of prescription drugs that a licensed midwife may obtain, transport and administer when providing midwifery services;
3. A list of routine tests and procedures for which informed consent or refusal must be obtained;
4. Qualifications for licensure;
5. Renewals and reinstatements;
6. Fees;
7. Continuing education requirements;
8. Complaints;
9. Violations; and
10. Penalties.
In so doing, the Commissioner shall give utmost consideration to the recommendations of the Advisory Committee on Midwifery as created in Section 5 of this act.
B. The Commissioner shall have the power to, for good cause and in accordance with the Administrative Procedures Act:
1. Deny, revoke or suspend any license to practice midwifery;
2. Develop a schedule of fines and penalties not to exceed Five Thousand Dollars ($5,000.00); and
3. Otherwise discipline a licensee.
C. As used in this section, good cause shall include, but not be limited to:
1. Violation of Shepherd's Law; or
2. Denial, revocation or suspension of the midwife's certification, assessment of a penalty or imposition of other disciplinary action by the North American Registry of Midwives, the American Midwifery Certification Board or a successor organization approved by the Commissioner.
D. The Commissioner is hereby empowered to perform investigations, require the production of records and other documents relating to practices regulated by Shepherd's Law, and seek injunctive relief.
Added by Laws 2020, c. 40, § 4, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.6. Application for licensure.

A. The State Commissioner of Health shall, with the assistance of the Advisory Committee on Midwifery, establish qualifications for licensure under Shepherd's Law.
B. No person who is certified as, or holds himself or herself out to be, a Certified Professional Midwife or a Certified Midwife shall practice midwifery in this state without first applying for and obtaining a license from the State Commissioner of Health.
C. Application shall be made to the Commissioner on a form created by the Department and posted on the website of the Department. The application shall be accompanied by a nonrefundable application fee of One Thousand Dollars ($1,000.00) and such other information required by the Committee as established by rule. The license shall be valid for three (3) years from the date of issuance.
D. An applicant for an initial license shall provide the Committee with documentary evidence that the person has been certified by the North American Registry of Midwives, the American Midwifery Certification Board or a successor organization approved by the Commissioner.
Added by Laws 2020, c. 40, § 6, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.7. Prohibited practices.

A licensed midwife shall not:
1. Provide midwifery care in violation of the rules of the State Commissioner of Health, except in an emergency that poses an immediate threat to the life of a woman or newborn;
2. Administer a prescription drug to a client other than as provided by the formulary or as ordered by a physician;
3. Use forceps, a vacuum extractor or any prescription drug to advance or retard labor or delivery; or
4. Make on a birth certificate a false or misleading statement or record.
Added by Laws 2020, c. 40, § 7, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.8. Limits on advertising, identification statements and titles.

A. A licensed or unlicensed midwife shall not:
1. Advertise or represent that the midwife is a physician or a graduate of a medical school unless the midwife is licensed to practice medicine by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners or can show proof of graduation from a medical school;
2. Use advertising or an identification statement that is false, misleading or deceptive; or
3. Except as authorized by rules adopted by the Oklahoma Board of Nursing, use in combination with the term "midwife" the term "nurse" or another title, initial or designation that implies that the midwife is licensed as a Registered Nurse or vocational nurse.
B. An unlicensed midwife shall not use a title in an identification statement or advertisement that would lead a reasonable person to believe that the midwife is certified.
C. All midwives licensed pursuant to Shepherd's Law shall include in any title, identification statement or advertisement that the midwife is licensed in this state and the credential the midwife possesses.
Added by Laws 2020, c. 40, § 8, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.9. Violations – Administrative fines.

A. Effective July 1, 2021, any person who holds himself or herself out to be, represents himself or herself to be or uses the title of Certified Professional Midwife or Certified Midwife, without holding a license issued by the State Commissioner of Health, or who is in violation of any provision of Shepherd's Law shall be subject to an administrative fine for each day found to be in violation. The amount of any fine shall be determined by the Commissioner within limits set by the Commissioner pursuant to rules adopted and promulgated by the Commissioner and may be in addition to any other penalty provided by the Commissioner or otherwise provided by law.
B. The Advisory Committee on Midwifery may cause to be investigated all reported violations of Shepherd's Law. Information obtained during investigations of possible violations of Shepherd's Law shall be kept confidential but may be introduced by the State Department of Health in proceedings before the Committee, whereupon the information admitted shall become public record. Public records maintained by the Department shall be administrative records, not civil or criminal records.
C. Confidential investigative records shall not be subject to discovery or subpoena in any civil or criminal proceeding; provided, however, the Committee may give such information to law enforcement and other state agencies as necessary and appropriate in the discharge of the duties of that agency and only under circumstances that ensure against unauthorized access to the confidential investigative records.
Added by Laws 2020, c. 40, § 9, eff. Nov. 1, 2020. Amended by Laws 2021, c. 411, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.10. Informed choice and disclosure statement.

A. A licensed or unlicensed midwife shall disclose verbally and in written form to a prospective client at the outset of the professional relationship:
1. Which credential the midwife possesses, if any;
2. The limitations of the skills and practices of a midwife;
3. Whether the midwife carries malpractice insurance; and
4. A plan for emergencies and complications to include selection of a hospital in case of emergency.
B. The Advisory Committee on Midwifery shall prescribe the form of the informed choice and disclosure statement required to be used by a licensed or unlicensed midwife under this act. The form shall be posted on the website of the Department and shall include:
1. Credential of the midwife, if any;
2. Disclosure of experience as a midwife;
3. The date the license expires, if the midwife is licensed;
4. Documentation of compliance with continuing education requirements, if the midwife is licensed;
5. A description of the transfer or referral strategy;
6. Direction on where to find the scope of practice standards of a licensed midwife, as provided by rules of the State Commissioner of Health; and
7. Additional informed choice and disclosure statements approved by the Committee and provided by rule specific to vaginal birth after Caesarean (VBAC), vaginal breech birth and vaginal multiple birth.
C. The informed choice and disclosure statement shall include a notification that state law requires a newborn to be tested for certain heritable disorders and hypothyroidism, in the absence of a signed parental waiver from the State Department of Health.
D. A licensed midwife shall disclose to a prospective or actual client the procedure for reporting complaints to the Department.
Added by Laws 2020, c. 40, § 10, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.11. Advising clients to seek medical care – Emergency situations.

A. A licensed midwife shall advise a client in writing to seek medical care through consultation or referral, as specified by rules of the State Commissioner of Health, if the midwife determines that the pregnancy, labor, delivery, postpartum period or newborn period of a woman or newborn may not be within the scope of practice of the midwife.
B. A licensed midwife shall call for emergency assistance in an emergency situation that is outside of the licensed midwife's scope of practice.
Added by Laws 2020, c. 40, § 11, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.12. Liability immunity for physicians or Certified Nurse-Midwives.

A physician or Certified Nurse-Midwife who issues an order directing or instructing a midwife is immune from liability arising out of the inability, failure or refusal of the midwife to comply with the order.
Added by Laws 2020, c. 40, § 12, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3040.13. State roster of licensed midwives.

A. The State Department of Health shall maintain a roster of each person licensed as a midwife in this state. The roster shall contain for each licensed midwife the information required on the informed choice and disclosure statement under Section 3040.10 of this title and other information the Department determines necessary to accurately identify each licensed midwife. The roster shall be a public document available under the Oklahoma Open Records Act.
B. The Department shall provide each local registrar of births in a county with the name of each midwife practicing in the county.
C. Any data required to be submitted to the Department pursuant to Shepherd’s Law shall not contain any personally identifying information of the client by the midwife and shall be considered confidential records collected for statistical information purposes only.
Added by Laws 2020, c. 40, § 13, eff. Nov. 1, 2020. Amended by Laws 2021, c. 411, § 3, eff. Nov. 1, 2021; Laws 2023, c. 153, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3101.1. Termination of licenses upon implementation of Oklahoma Small Lenders Act.

Any person licensed pursuant to the Deferred Deposit Lending Act may make application for licensure under the Oklahoma Small Lenders Act beginning on January 1, 2020. Beginning on and after August 1, 2020, no new deferred deposit loan may be entered into or transacted by a licensee or other person; provided, however, a licensed deferred deposit lender may continue to administer and collect all outstanding deferred deposit loan payments on all loans transacted before August 1, 2020, until such loans are paid in full according to the terms of the written loan agreements, at which time the licensee's authority under the Deferred Deposit Lending Act shall terminate and expire notwithstanding any period remaining on an existing deferred deposit lender's license. All Deferred Deposit Lending Act licenses shall be terminated and be deemed to have expired on August 1, 2020, upon the implementation of the Oklahoma Small Lenders Act, except as provided herein.
Added by Laws 2019, c. 89, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3103. Application of act.

A. The scope of this act shall not apply to a supervised lender licensed under the Uniform Consumer Credit Code. Further, nothing in this act shall modify, affect, alter, change or restrict practices or operations of supervised lenders under the Uniform Consumer Credit Code, rules of the Oklahoma Department of Consumer Credit or rules or interpretations of the Administrator of the Department of Consumer Credit.
B. Except as otherwise provided in subsection A of this section, the provisions of this act shall apply to all deferred deposit loans made; provided, the following lenders shall not be subject to the licensing requirements of this act:
1. A bank, savings institution, credit union or farm credit system organized under and regulated by the laws of the United States or any state;
2. Government or governmental agencies or instrumentalities; or
3. Pawnbrokers engaged in pawn transactions as defined in the Oklahoma Pawnshop Act.
C. The provisions of this act shall apply to transactions if the lender, wherever located, enters into the transaction with the debtor by mail, brochure, telephone, print, radio, television, Internet, or any other means.
Added by Laws 2003, c. 240, § 3, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 2, emerg. eff. June 10, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3103.1. Confidential information - Disclosure exemption.

All information contained in the database for deferred deposit lenders, which is authorized under the Deferred Deposit Lending Act, shall be confidential. The information contained in the database for deferred deposit lenders shall be exempt from disclosure under the provisions of the Oklahoma Open Records Act and the provisions of the Deferred Deposit Lending Act, including, but not limited to, Section 3104 of Title 59 of the Oklahoma Statutes, except that the information in the database may be accessed by deferred deposit lenders to verify whether any deferred deposit transaction is outstanding for a particular person and by the Oklahoma Department of Consumer Credit for regulatory purposes consistent with the provisions of the Deferred Deposit Lending Act.
Added by Laws 2012, c. 117, § 1, emerg. eff. April 23, 2012.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3105. Right of rescission.

Without penalty or cost of any kind, a debtor in a deferred deposit loan transaction shall have the right to rescind in writing the deferred deposit loan until 5 p.m. on the next business day following the day the debtor signs the deferred deposit loan agreement; provided, any attempted rescission will not be effective unless the notice is timely and is accompanied by a return of the full principal advanced by the lender to the debtor. Exercising rescission entitles the debtor to a full refund of all fees paid by the debtor as part of the deferred deposit loan transaction. Rescission occurs when the debtor gives written notice of rescission to the lender at the address of the office of the licensee as stated in the deferred deposit agreement or at the location where the transaction occurred.
Added by Laws 2003, c. 240, § 5, eff. Sept. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3106. Prohibited acts.

A deferred deposit lender shall not:
1. Charge fees other than, or in excess of those authorized by the Deferred Deposit Lending Act;
2. Make deferred deposit loans at unlicensed locations;
3. Alter or delete the date on an instrument after it has been accepted by the lender pursuant to a deferred deposit loan;
4. Accept an undated instrument or an instrument dated on a date other than the date of the deferred deposit loan;
5. Accept an instrument unless the account on which the instrument is drawn is a legitimate, open and active account;
6. Require a debtor to provide security for the deferred deposit loan or require a debtor to provide a guaranty from another person;
7. Advance a loan amount greater than Five Hundred Dollars ($500.00) to a borrower in one deferred deposit loan transaction exclusive of the finance charge allowed in Section 3108 of this title;
8. Engage in a deferred deposit loan with a term of less than twelve (12) days or more than forty-five (45) days;
9. Negotiate or present an instrument for payment unless the instrument is endorsed with the actual business name of the lender;
10. Negotiate any instrument presented by a borrower if the borrower has redeemed the instrument by paying the full amount due under the deferred deposit loan;
11. Make any charge for insurance in connection with a deferred deposit loan transaction;
12. Refuse the borrower’s right to rescind the deferred deposit loan at any time between the time of the deferred deposit loan transaction and 5 p.m. of the next business day following the deferred deposit loan transaction;
13. Charge the borrower an additional finance charge or fee for cashing a lender’s business instrument, if the lender pays the proceeds from the loan transaction in the form of a business instrument;
14. Require or accept more than one dated instrument per deferred deposit loan; or
15. Refuse the borrower’s right to enter into an installment payment plan, pursuant to this act.
Added by Laws 2003, c. 240, § 6, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 4, emerg. eff. June 10, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3107. Nonpayment on account - Collection practices.

A. A lender shall collect past-due accounts in a professional, fair and lawful manner, in accordance with the federal Fair Debt Collection Practices Act.
B. A lender shall not threaten or pursue criminal action against a debtor as a result of the debtor’s instrument being returned unpaid or the debtor’s deferred deposit loan account not being paid.
C. A debtor shall not be subject to any criminal penalty if an instrument is dishonored.
Added by Laws 2003, c. 240, § 7, eff. Sept. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3108. Finance charges - Dishonored instruments.

A. Regardless of any other law governing the imposition of interest, fees, loan finance charges or the extension of credit, a deferred deposit lender may charge a finance charge for each deferred deposit loan that does not exceed Fifteen Dollars ($15.00) for every One Hundred Dollars ($100.00) advanced up to the first Three Hundred Dollars ($300.00) of the amount advanced; for the advance amounts in excess of Three Hundred Dollars ($300.00), the lender may charge an additional finance charge of Ten Dollars ($10.00) for every One Hundred Dollars ($100.00) advanced in excess of Three Hundred Dollars ($300.00). The credit terms of the deferred deposit loan shall be disclosed in accordance with Regulation Z, including the terms “finance charge” and “annual percentage rate”. The finance charge under this subsection shall be deemed fully earned as of the date of the transaction. Except for a fee for a dishonored instrument and the actual database verification fee pursuant to subparagraph b of paragraph 2 of subsection B of Section 3109 of this title, the lender may charge only those charges expressly authorized in this subsection in connection with a deferred deposit loan.
B. If an instrument held by a lender as a result of a deferred deposit loan is returned to the lender from a payor financial institution due to insufficient funds, a closed account or a stop payment order, the lender shall have the right to exercise all civil means authorized by law to collect the amount of the instrument. In addition, the lender may contract for and collect a dishonored instrument charge, not to exceed Twenty-five Dollars ($25.00); however, a dishonored instrument charge shall not be allowed if the instrument is dishonored by a financial institution, or the debtor places a stop payment order, due to forgery or theft of the instrument.
Added by Laws 2003, c. 240, § 8, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 5, emerg. eff. June 10, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3110. Limit on number of loans - Payment in full required.

After the debtor has entered into a fifth consecutive deferred deposit loan, a lender shall not make a deferred deposit loan to a debtor until 8:00 a.m. on the second business day after the fifth consecutive deferred deposit loan has been paid in full.
Added by Laws 2003, c. 240, § 10, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 7, emerg. eff. June 10, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3111. Advertising.

A. No lender shall engage in this state in false or misleading advertising concerning the terms or conditions of credit with respect to a deferred deposit loan.
B. Advertising which complies with Regulation Z does not violate subsection A of this section.
Added by Laws 2003, c. 240, § 11, eff. Sept. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3112. License required - Separate license required for each business location.

A. No person may engage in the business of making deferred deposit loans without first obtaining a license pursuant to this act, unless exempt under subsection B of Section 3 of this act. A separate license is required for each location where deferred deposit loans are made. The licensee shall post its license to engage in the business of making deferred deposit loans at each licensed location.
B. The Administrator may initiate administrative action against an unlicensed person as if the person held a license under this act if the person is found to be engaged in the business of making deferred deposit loans.
C. The Administrator may issue a license for each location at which deferred deposit loans are to be made to any person making deferred deposit loans at multiple locations; provided, if such licensee is not in compliance with this act as to each license, any action to revoke, suspend or not renew one license shall be applicable to all licenses issued to that licensee. This subsection shall not be construed to require a license for any place of business devoted to accounting or other record keeping and where deferred deposit loans are not made.
D. When a licensee wishes to move a licensed location to another licensed location, the licensee shall give thirty (30) days’ written notice to the Administrator, who shall amend the license accordingly.
Added by Laws 2003, c. 240, § 12, eff. Sept. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3116. Additional powers of Administrator.

A. In addition to other powers granted by this act, the Administrator of Consumer Credit may, within the limitations provided by law:
1. Maintain a list of licensees, which shall be available to interested persons and the public. The Administrator shall also provide a toll-free number whereby consumers may obtain information about licensees;
2. Establish a complaint process whereby an aggrieved debtor or a member of the public may file a complaint against a licensee or nonlicensee who violates any provision of this act. The Administrator shall hold hearings upon the request of a party to the complaint, make findings of fact and conclusions of law, issue cease and desist orders and suspend or revoke a license granted under this act;
3. Take action designed to obtain voluntary compliance with this act or commence proceedings on the Administrator’s own initiative;
4. Counsel persons and groups on their rights and duties under this act; and
5. With approval of the Commission on Consumer Credit, promulgate, amend and repeal administrative rules to carry out the provisions of the act, as provided by the Administrative Procedures Act.
B. The Administrator may conduct a study regarding the system of verification of the existence of deferred deposit loans as provided in paragraph 2 of subsection B of Section 9 of this act to determine:
1. If the system adequately provides lenders with information as to the existence of outstanding deferred deposit loans made by other lenders; and
2. If it is feasible for the Department of Consumer Credit to develop and maintain a database of outstanding deferred deposit loans to provide such information to lenders.
The Administrator shall consult with representatives of deferred deposit lenders, advocates for consumers of this state and other interested parties to conduct the study. The Administrator shall issue a report of any such findings to the President Pro Tempore of the Senate and the Speaker of the House of Representatives not later than December 1, 2004.
Added by Laws 2003, c. 240, § 16, eff. Sept. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3117. Civil penalties - Repayment of fees.

A. The Administrator of Consumer Credit may order and impose civil penalties upon a person subject to the provisions of the Deferred Deposit Lending Act for violations of the Deferred Deposit Lending Act or the rules promulgated to implement the Deferred Deposit Lending Act in an amount not to exceed One Thousand Dollars ($1,000.00) per violation. The Administrator may also order repayment of unlawful fees charged to debtors.
B. Any administrative order or settlement agreement imposing a civil penalty pursuant to this section may be enforced in the same manner as civil judgments in this state. The Administrator may file an application to enforce an administrative order or settlement agreement imposing a civil penalty in the district court of Oklahoma County.
Added by Laws 2003, c. 240, § 17, eff. Sept. 1, 2003. Amended by Laws 2010, c. 415, § 34, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3118. Consumer Credit Counseling Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Commission on Consumer Credit to be designated the "Consumer Credit Counseling Revolving Fund". The fund shall consist of fees received by the Administrator of Consumer Credit from deferred deposit lenders for consumer credit counseling services pursuant to the provisions of Section 3119 of this title. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Administrator. Monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Administrator 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 2003, c. 240, § 18, eff. Sept. 1, 2003. Amended by Laws 2004, c. 557, § 8, emerg. eff. June 10, 2004; Laws 2010, c. 415, § 35, eff. July 1, 2010; Laws 2012, c. 304, § 294.