Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 4 - Application and Examination Procedures for Licensure as Physician and Surgeon › Section 435:10-4-11 - Written agreement

Current through Vol. 41, No. 20, July 1, 2024
(a)
Board Authority.
The Board has been granted authority pursuant to
				59 O.S. §492.1, to require, among other things, that an applicant provide
				to the Board satisfactory evidence of the ability of the applicant to practice
				medicine and surgery in this state with reasonable skill and safety. In
				addition, the Board is empowered pursuant to 59 O.S. §503 through 513, to
				take administrative and other action for violation of the Act for
				unprofessional conduct.
(b)
Agreement between Board and applicant.
(1) In consideration of this authority, the
				Board designates to the Secretary the authority to enter into a written
				Agreement with an applicant to provide the Board assurance that the applicant
				will be able to practice medicine and surgery in this state with reasonable
				skill and safety.
(2) The Secretary
				may enter into such an Agreement when circumstances and/or conditions of an
				applicant raise questions as to the fitness or ability of the applicant to
				practice medicine and surgery with reasonable skill and safety or questions as
				to prior actions of the applicant in this or any other jurisdiction which would
				constitute a violation of the Act or these rules, as the Secretary may
				determine.
(3) The Agreement shall
				be a written statement of conditions upon which a license may be granted to an
				applicant, although no license shall be guaranteed to be granted should an
				applicant enter into an Agreement, by which the Secretary shall devise and
				specify authority of the Board or its staff to meet with the applicant upon
				specified terms, to gather additional information from the applicant or to
				require the applicant to take certain specified actions if, when and after the
				applicant is granted a license by the Board. Additionally, the Applicant will
				agree to pay the actual costs incurred for any testing or monitoring provided
				for under the Agreement.
(4) Any
				Agreement entered into by the Secretary and an applicant shall not be effective
				until ratified by the Board.
(5)
				The Board intends any Agreement entered into by the Secretary and an applicant
				to be of a continuing nature until set aside or otherwise terminated by the
				Board.
(6) An Agreement hereunder
				shall not be considered by the Board to be disciplinary action.
(7) The failure of a licensee who is the
				subject of an Agreement to comply with the terms of an Agreement shall be
				considered a violation of the rules of the Board and shall be grounds for
				disciplinary action by the Board pursuant to, among other things, OAC
				435:10-7-4(11) and
				(39). Failure to comply with an Agreement
				hereunder may subject a licensee to revocation by the Board.
(8) At any time during the application
				process, the Board may hold an application and direct the Secretary to review
				the application for the possibility of entering into an Agreement with an
				applicant.