Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 7 - Regulation of Physician and Surgeon Practice › Section 435:10-7-4 - Unprofessional conduct

Current through Vol. 41, No. 20, July 1, 2024
The Board has the authority to revoke or take other
				  disciplinary action against a licensee or certificate holder for unprofessional
				  conduct. Pursuant to 59 O.S., 1991, Section 509, "Unprofessional Conduct" shall
				  be considered to include:
(1)
				Indiscriminate or excessive prescribing, dispensing or administering of
				Controlled or Narcotic drugs.
(2)
				Prescribing, dispensing or administering of Controlled substances or Narcotic
				drugs in excess of the amount considered good medical practice or prescribing,
				dispensing or administering controlled substances or narcotic drugs without
				medical need in accordance with published standard.
(3) The habitual or excessive use of any drug
				which impairs the ability to practice medicine with reasonable skill and safety
				to the patient.
(4) Issuing
				prescriptions for Narcotic or Controlled drugs to minors in violation of 63
				O.S. 1978 Supp., Sections 2601 through 2606, as amended.
(5) Purchasing or prescribing any regulated
				substance in Schedule I through V, as defined by the Uniform Controlled
				Dangerous Substances Act, for the physician's personal use.
(6) Dispensing, prescribing or administering
				a Controlled substance or Narcotic drug without medical need.
(7) The delegation of authority to another
				person for the signing of prescriptions for either controlled or non-controlled
				drugs, except as provided for in 59 O.S., 519.6D.
(8) Fraud or misrepresentation in applying
				for or procuring a medical license or in connection with applying for or
				procuring periodic reregistration of a medical license.
(9) Cheating on or attempting to subvert the
				medical licensing examination(s).
(10) The conviction of a felony or any
				offense involving moral turpitude whether or not related to the practice of
				medicine and surgery.
(11) Conduct
				likely to deceive, defraud, or harm the public.
(12) Making a false or misleading statement
				regarding skill or the efficacy or value of the medicine, treatment, or remedy
				prescribed by a physician or at a physician's direction in the treatment of any
				disease or other condition of the body or mind.
(13) Representing to a patient that an
				incurable condition, sickness, disease, or injury can be cured.
(14) Willfully or negligently violating the
				confidentiality between physician and patient to the detriment of a patient
				except as required by law.
(15)
				Gross or repeated negligence in the practice of medicine and surgery.
(16) Being found mentally incompetent or
				insane by any court of competent jurisdiction; commitment to an institution for
				the insane shall be considered prima facie evidence of insanity of any
				physician or surgeon.
(17) Being
				physically or mentally unable to practice medicine and surgery with reasonable
				skill and safety.
(18) Practice or
				other behavior that demonstrates an incapacity or incompetence to practice
				medicine and surgery.
(19) The use
				of any false, fraudulent, or deceptive statement in any document connected with
				the practice of medicine and surgery.
(20) Practicing medicine and surgery under a
				false or assumed name.
(21) Aiding
				or abetting the practice of medicine and surgery by an unlicensed, incompetent,
				or impaired person.
(22) Allowing
				another person or organization to use a physician's license to practice
				medicine and surgery.
(23)
				Commission of any act of sexual abuse, misconduct, or exploitation related or
				unrelated to the licensee's practice of medicine and surgery.
(24) Prescribing, selling, administering,
				distributing, ordering, or giving any drug legally classified as a controlled
				substance or recognized as an addictive or dangerous drug for other than
				medically accepted therapeutic purposes.
(25) Except as otherwise permitted by law,
				prescribing, selling, administering, distributing, ordering, or giving to a
				habitue or addict or any person previously drug dependent, any drug legally
				classified as a controlled substance or recognized as an addictive or dangerous
				drug.
(26) Prescribing, selling,
				administering, distributing, ordering, or giving any drug legally classified as
				a controlled substance or recognized as an addictive dangerous drug to a family
				member or to himself or herself. Provided that this paragraph shall not apply
				to family members outside the second degree of consanguinity or affinity.
				Provided further that this paragraph shall not apply to medical emergencies
				when no other medical doctor is available to respond to the
				emergency.
(27) Violating any state
				or federal law or regulation relating to controlled substances.
(28) Obtaining any fee by fraud, deceit, or
				misrepresentation, including fees from Medicare, Medicaid, or
				insurance.
(29) Employing abusive
				billing practices.
(30) Directly or
				indirectly giving or receiving any fee, commission, rebate, or other
				compensation for professional services not actually and personally rendered,
				though this prohibition shall not prohibit the legal function of lawful
				professional partnerships, corporations, or associations.
(31) Disciplinary action of another state or
				jurisdiction against a license or other authorization to practice medicine and
				surgery based upon acts of conduct by the licensee similar to acts or conduct
				that would constitute grounds for action as defined in this section, a
				certified copy of the record of the action taken by the other state or
				jurisdiction being conclusive evidence thereof.
(32) Failure to report to the Board any
				adverse action taken against him or her by another licensing jurisdiction
				(United States or foreign), by any governmental agency, by any law enforcement
				agency, or by any court for acts or conduct similar to acts or conduct that
				would constitute grounds for action as defined in this section.
(33) Failure to report to the Board surrender
				of a license or other authorization to practice medicine and surgery in an
				other state or jurisdiction, or surrender of membership on any medical staff or
				in any medical or professional association or society while under disciplinary
				investigation by any of those authorities or bodies for acts or conduct similar
				to acts or conduct that would constitute grounds for action as defined in this
				section.
(34) Any adverse judgment,
				award, or settlement, or award arising from a medical liability claim related
				to acts or con- duct similar to acts or conduct that would constitute grounds
				for action as defined in this section.
(35) Failure to transfer pertinent and
				necessary medical records to another physician in a timely fashion when legally
				requested to do so by the subject patient or by a legally designated
				representative of the subject patient.
(36) Improper management of medical
				records.
(37) Failure to furnish
				the Board, its investigators or representatives, information lawfully requested
				by the Board.
(38) Failure to
				cooperate with a lawful investigation conducted by the Board.
(39) Violation of any provision(s) of the
				medical practice act or the rules and regulations of the Board or of an action,
				stipulation, or agreement of the Board.
(40) The inability to practice medicine and
				surgery with reasonable skill and safety to patients by reason of age, illness,
				drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of
				material or as a result of any mental or physical condition. To enforce this
				paragraph, the Board may, upon probable cause, request a physician to submit to
				a mental or physical examination by physicians designated by it. If the
				physician refuses to submit to the examination, the Board shall issue an order
				requiring the physician to show cause why he will not submit to the examination
				and shall schedule a hearing on the order within thirty (30) days after notice
				is served on the physician. The physician shall be notified by either personal
				service or by certified mail with return receipt requested. At the hearing, the
				physician and his attorney are entitled to present any testimony and other
				evidence to show why the physician should not be required to submit to the
				examination. After a complete hearing, the Board shall issue an order either
				requiring the physician to submit to the examination or withdrawing the request
				for examination. The medical license of a physician ordered to submit for
				examination may be suspended until the results of such examination are received
				and reviewed by the Board.
(41)
				Failure to provide a proper setting and assistive personnel for medical act,
				including but not limited to examination, surgery, or other treatment. Adequate
				medical records to support treatment or prescribed medications must be produced
				and maintained.
(42) Failure to
				inform the Board of a state of physical or mental health of the licensee or of
				any other health professional which constitutes or which the licensee suspects
				constitutes a threat to the public.
(43) Failure to report to the Board
				unprofessional conduct committed by another physician.
(44) Abuse of physician's position of trust
				by coercion, manipulation or fraudulent representation in the doctor-patient
				relationship.
(45) Engaging in
				predatory sexual behavior.
(46) Any
				doctor licensed in Oklahoma using that license for practice in another state,
				territory, district or federal facility who violates any laws in the state in
				which he/she is practicing or any federal, territorial or district laws that
				are in effect in the location in which he/she is using his/her Oklahoma license
				to practice.
(47) Causing, or
				assisting in causing, the suicide, euthanasia or mercy killing of any
				individual; provided that it is not causing, or assisting in causing, the
				suicide, euthanasia or mercy killing of any individual to prescribe, dispense
				or administer medical treatment for the purpose of alleviating pain or
				discomfort in accordance with Oklahoma Administrative Code
				435:10-7-11,
				even if such use may increase the risk of death, so long as it is not also
				furnished for the purpose of causing, or the purpose of assisting in causing,
				death for any reason.
(48) Failing
				to obtain informed consent, based on full and accurate disclosure of risks,
				before prescribing, dispensing, or administering medical treatment for the
				therapeutic purpose of relieving pain in accordance with Oklahoma
				Administrative Code
				435:10-7-11
				where use may substantially increase the risk of death.
(49) Failure to establish a physician/patient
				relationship prior to providing patient-specific medical services, care or
				treatment, except in a clearly emergent, life threatening situation.
Amended at 9 Ok Reg
				  1579, eff 4-27-92; Amended at 10 Ok Reg 1529, eff 4-26-93; Amended at 10 Ok Reg
				  4375, eff 7-27-93 (emergency); Amended at 11 Ok Reg 1559, eff 4-4-94
				  (emergency); Amended at 11 Ok Reg 2329, eff 5-26-94; Amended at 11 Ok Reg 4535,
				  eff 7-27-94 (emergency); Amended at 12 Ok Reg 1223, eff 5-11-95; Amended at 13
				  Ok Reg 1573, eff 8-21-95 (emergency); Amended at 13 Ok Reg 1703, eff 5-25-96;
				  Amended at 16 Ok Reg 1211, eff 5-14-99; Amended at 27 Ok Reg 856, eff
				  4-25-10