Oklahoma Administrative Code › Title 175 - State Board of Cosmetology and Barbering › Chapter 20 - Massage Therapy › Subchapter 5 - Licensure of Massage Therapists › Section 175:20-5-7 - Disqualifying criminal history and opportunity for initial determination

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Pursuant to 59 O.S. § 4000.1, the Board of Cosmetology and Barbering shall
				adopt a list of crimes that could disqualify a person from being licensed as a
				massage therapist. The Board shall adopt the list at its first meeting of the
				fiscal year and may modify the list as needed to protect public health and
				safety.
(b) A person who has
				pleaded guilty, nolo contendere or been convicted of a crime on the list may at
				any time, including before obtaining any required education or applying to sit
				for any necessary examination, request an initial determination as to whether
				the person's criminal history would potentially disqualify the individual from
				licensure as a massage therapist in Oklahoma. The request shall be in writing
				and shall include either a copy of the person's criminal history record or a
				statement describing each conviction or plea including the date of conviction
				or plea, the court of jurisdiction, and the sentence imposed. The person may
				submit any additional information including, but not limited to, the person's
				current circumstances, the length of time since the completion of any sentence,
				including probation, evidence of rehabilitation, and testimonials or personal
				reference statements, as well as the person's professional
				aspirations.
(c) Upon receipt of a
				written request for consideration of a person's criminal history record, the
				Executive Director, the Chair of the Board of Cosmetology and Barbering, and
				the Chair of the Advisory Board, in consultation with Board legal counsel,
				shall evaluate the request and make an initial determination based upon the
				information provided. A notice of initial determination shall be issued within
				sixty (60) days from the date the request was received. If the person is not
				satisfied with the response, the person may request that the matter be placed
				on the agenda of the Board's next regularly scheduled meeting.
(d) The notice of initial determination shall
				be in writing and mailed to the requestor at the address provided in the
				request, and shall contain the following statements:
(1) Whether the person appears eligible for
				licensure at the current time based upon the information submitted by the
				requestor;
(2) Whether there is a
				disqualifying offense prohibiting the person's licensure at any time and a
				statement identifying such offense in the criminal history record or
				information submitted for consideration;
(3) Any actions the person may take to remedy
				what appears to be a temporary disqualification, if any;
(4) The earliest date the person may submit
				another request for consideration, if any; and
(5) A statement that the notice of initial
				determination is only an initial determination for eligibility for licensure
				based upon the information provided by the requestor. Additional information or
				intervening events may result in a different final determination.