reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall
				have the following meaning, unless the context clearly indicates
				otherwise:
"Act"
means the Oklahoma Allopathic Medical and
				Surgical Licensure and Supervision Act, 59 O.S. §§480
et
				seq.
"APA"
means either or both Article I and Article
				II, as applicable of the Administrative Procedures Act, 75 O.S.1991,
				§§ 250
et seq.
, as amended.
"Board"
means the Oklahoma Board of Medical
				Licensure and Supervision.
"Secretary"
means the Secretary of the
				Board.
Added at 11 Ok Reg 4531,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1221, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-3 - Authority of Board

Current through Vol. 41, No. 20, July 1, 2024
The Board is authorized by statute to take disciplinary action
				against persons licensed or certified by the Board. Action taken by the Board
				shall be done pursuant to the APA.
Added at 11 Ok Reg 4531,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1221, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-4 - Determination of penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) In
			 determining the severity of any penalty assessed a person licensed or certified
			 by the Board, the Board shall take into account, among other things, actual
			 harm to the public, potential harm to the public, acceptance by the defendant
			 for responsibility in the disciplinary action, remorse by the defendant, or
			 action taken by the defendant to make amend for wrongful conduct, if
			 appropriate.
(b) In general, a more
			 severe or harmful violation of an act regulated by the Board will result in a
			 more severe penalty to be imposed by the Board. A less severe or harmful
			 violation of an act regulated by the Board will result in a less severe penalty
			 imposed by the Board. The Board will review all possible penalties for the type
			 of violation of which the defendant was convicted by the Board in making its
			 determination of the penalty imposed.
Added at 11 Ok Reg 4531,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1221, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-4.1 - Administrative fines

Current through Vol. 41, No. 20, July 1, 2024
The following administrative fines shall only be assessed after
				formal hearing and a determination of guilt:
(1) $5,000 per day for practicing after
			 revocation, suspension, surrender or failure to renew a license, pursuant to 59
			 O.S. § 491B .
(2) Up to $5,000
			 per violation of unprofessional conduct, pursuant to 59 O.S. §509.1A(9)
			 .
Added at 22 Ok Reg 2095,
				eff 6-25-05
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-5 - Letters of concern

Current through Vol. 41, No. 20, July 1, 2024
The Secretary is hereby authorized, in the exercise of sound
				discretion, to issue a letter of concern to a physician whose conduct does not
				warrant formal disciplinary action by the Board, but whose action does warrant
				a letter of concern to apprise the physician of a potential for further action
				by the Board. Letters of concern shall remain in the confidential investigative
				file of the physician to whom the letter is issued.
Added at 11 Ok Reg 4531,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1221, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-5.1 - Voluntary submittal to jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may accept a Voluntary
			 Submittal to Jurisdiction entered into by staff and defendant.
(b) Proffer of a Voluntary Submittal to
			 Jurisdiction entered into by staff and defendant shall be the responsibility of
			 the Secretary of the Board or Executive Director in his/her absence.
Added at 13 Ok Reg 1567,
				eff 8-21-95 (emergency); Added at 13 Ok Reg 1695, eff
				5-25-96
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-5.2 - Suspension/revocation upon conviction of a felony

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may suspend the license of a
			 person who has been convicted of a felony.
(b) The Board shall revoke the license of a
			 person licensed by the Board who has a final felony conviction.
(c) The Board shall restore the license if
			 the person's conviction is overturned on final appeal.
Added at 22 Ok Reg 945,
				eff 5-12-05
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-6 - Reinstatement

Current through Vol. 41, No. 20, July 1, 2024
(a) In any action
			 by the Board in which a person licensed or certified by the Board has been
			 suspended or revoked by the Board, or surrendered in lieu of prosecution, the
			 Board may at any time, upon motion of any member of the Board reconsider such
			 suspension or revocation if given the right to reapply.
(b) In addition, the person whose license or
			 certificate has been suspended, revoked or surrendered with the right to
			 reapply may petition the Board for reinstatement in accordance with applicable
			 law.
(c) In any case in which a
			 person whose license or certificate has been suspended or revoked is considered
			 by the Board for reinstatement, it shall be the burden of that person to show
			 compliance with all terms and conditions imposed by the Board in the
			 disciplinary action. The Board may deny reinstatement to any such person who
			 does not satisfy the Board of compliance with any Board requirement or
			 condition imposed by the Board in disciplinary action or may approve
			 reinstatement without restriction or may approve reinstatement with terms of
			 probation or restrictions as deemed necessary to protect the health, safety and
			 well-being of the public.
(d) Upon
			 the completion of any term of suspension imposed by the Board, the person whose
			 license or certificate was suspended shall bear the burden to show compliance
			 with all requirements and conditions imposed by the Board prior to
			 reinstatement by the Board.
(e) An
			 application for reinstatement shall be filed with the Board in writing and
			 shall set forth action taken by the applicant to comply with conditions and
			 requirements imposed by the Board, including all documents in support thereof.
			 Such application or motion shall be reviewed by the Secretary prior to being
			 scheduled for action by the Board at a meeting of the Board. If the Secretary
			 determines the applicant has met the requirements and conditions imposed by the
			 Board, the matter shall be scheduled for Board action. If the Secretary
			 determines the applicant has not complied with requirements and conditions
			 imposed by the Board, the Secretary shall advise the applicant of the
			 noncompliance in writing and the matter shall not be scheduled for Board
			 action. In the event an applicant disagrees with the determination of the
			 Secretary, the applicant may move in writing for the original application to be
			 reviewed by the Board, upon payment of the appropriate fee.
Added at 11 Ok Reg 4531,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1221, eff 5-11-95; Amended at 18 Ok
				Reg 3555, eff 8-8-01 (emergency); Amended at 19 Ok Reg 1193, eff 5-13-02;
				Amended at 22 Ok Reg 945, eff 5-12-05
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-6.1 - Reinstatement requirements

Current through Vol. 41, No. 20, July 1, 2024
An applicant for reinstatement after suspension, revocation or
				surrender in lieu of prosecution pursuant to 59 O.S. §503 shall meet all
				application requirements in effect at the time reinstatement is requested, be
				of good moral character and have reimbursed the Board for taxed costs or worked
				out a repayment plan satisfactory to the Board. In addition, the Board may
				require the applicant to meet the continuing medical education (C.M.E.)
				requirements.
Added at 12 Ok Reg 3656,
				eff 5-9-95 (emergency); Added at 13 Ok Reg 1696, eff 5-25-96; Amended at 19 Ok
				Reg 2777, eff 6-24-02 (emergency); Amended at 20 Ok Reg 969, eff 5-21-03;
				Amended at 22 Ok Reg 945, eff 5-12-05
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-7 - Failure to comply with a Board order

Current through Vol. 41, No. 20, July 1, 2024
In the event the Secretary determines that a person has not
				complied with an order of the Board, the Secretary may initiate additional
				disciplinary action against that person and may seek to have the Board impose
				additional penalties for failure to comply with a Board
				order.
Added at 11 Ok Reg 4531,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1221, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-8 - Physicians on probation

Current through Vol. 41, No. 20, July 1, 2024
It is the determination by the Board that allied health
				professionals that require surveillance of a licensed physician should not be
				supervised by physicians on probation.
Added at 13 Ok Reg 1173,
				eff 2-26-96 (emergency); Added at 13 Ok Reg 2687, eff
				6-27-96
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-1 - Administrative remedy, notice of intention to impose administrative remedy, and service of notice

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to 59 O.S.Supp.2019,
			 §503.2, the State Board of Medical Licensure and Supervision ("Board"), or
			 the Board Secretary ("Board Secretary") acting for the Board, may issue a
			 Notice against a licensee for statutory or regulatory prescribed unprofessional
			 conduct.
(b) For the purposes of
			 this section, "unprofessional conduct" includes but is not limited to:
(1) Practicing without timely renewing a
			 license;
(2) Failure to provide
			 required or accurate information on an initial licensure application;
(3) Failure to provide required or
			 accurate information on a renewal application;
(4) Failure to timely obtain required
			 continuing education hours;
(5)
			 Failure to notify Board of current practice location and mailing address;
(6) Failure to cooperate with a
			 lawful investigation conducted by the Board; or
(7) Failure to register with the prescription
			 monitoring program (PMP) in compliance with state law.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-2 - Response and contest in writing to notice of intent to impose administrative remedy

Current through Vol. 41, No. 20, July 1, 2024
(a) The licensee must respond in writing to
			 the Notice within twenty (20) days of service as follows:
(1) The licensee may consent and comply with
			 the terms of the proposed administrative remedy set forth in the Notice; or
(2) The licensee may provide a
			 written contest to the Notice, which must include specific grounds or
			 objections as to why the licensee is contesting the imposition of an
			 administrative remedy, the amount of the remedy, or both.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-3 - Compliance with notice of imposition of administrative remedy

Current through Vol. 41, No. 20, July 1, 2024
If the licensee consents and complies with the Notice within
				twenty (20) days after service of the Notice, it shall be so acknowledged by
				the Board Secretary on a copy of the Notice, which shall constitute an agreed
				imposition of the administrative remedy. A report of the same shall be made by
				the Board Secretary to the Board at the next regularly scheduled Board meeting
				for ratification and Final Administrative Order
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-4 - Notice and hearing before the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) A hearing on
			 a contest of the Notice will be governed by the requirements of Article II of
			 the Administrative Procedures Act. The Board's Rules for Individual Proceedings
			 shall also govern.
(b) Following a
			 hearing on the contest of the Notice, the Board may affirm, lessen, or reject
			 the administrative remedy set forth in the Notice.
(c) Within ten (10) days of the Final
			 Administrative Order, a licensee may request a rehearing, reconsideration, or
			 reopening pursuant to 75 O.S. §317 and Okla. Admin. Code §
								435:3-3-21.
			 Otherwise, the Board's decision shall constitute a Final Administrative Order.
(d) The Board's Final
			 Administrative Order shall include the following separately stated information:
(1) Findings of Fact; and
(2) Conclusions of Law.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-5 - Allowed administrative remedies

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 Notice and/or the Board's Final Administrative Order may assess a monetary fine
			 of up to $1,500.00 per violation of unprofessional conduct but in no event
			 shall a fine exceed any amount otherwise set forth in statute or rules; and/or
(b) The Board may impose
			 continuing education requirements that must be pre- approved by the Board
			 Secretary or the Board. The Notice will specify the amount of continuing
			 education credit hours required and the time in which the licensee has to
			 complete the credit hours.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-6 - Confidentiality of patient information in notice and/or final administrative remedy order

Current through Vol. 41, No. 20, July 1, 2024
(a) To the extent required by law, any
			 patient information must be redacted from any Notice and/or Final
			 Administrative Order or any document filed in a contest of such a Notice of
			 Final Administrative Order.
(b) To
			 the extent that a patient must be identified, the initials of the patient's
			 first and last names shall be used.
(c) Under no circumstance may the Board, the
			 Board Secretary, Board staff, the licensee, or any person representing the
			 licensee disclose any information confidential by law in any Notice and/or
			 Final Administrative Order or any document filed in a contest of such Notice
			 and/or Final Administrative Order.
(d) "Document," includes but is not limited
			 to, originals or copies, whether tangible or electronically stored, of any
			 letters, notes, pleadings, exhibits, photographs, videos, sound recordings, or
			 demonstrative exhibits.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-7 - Reports of imposition of notice and/or final administrative remedy orders

Current through Vol. 41, No. 20, July 1, 2024
(a) Any Notice or Final Administrative Order
			 issued under this Chapter shall be a public record.
(b) The issuance of a Notice or Final
			 Administrative Order under this Chapter may not be considered a restriction or
			 limitation on the license, nor shall the issuance either one be considered an
			 action connected with the delivery of health care services. Further, the
			 imposition of any order under this Chapter shall not be reported to the
			 National Practitioner Data Bank.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 7 - ADMINISTRATIVE REMEDIES › Section 435:7-1-8 - Failure to comply with final administrative remedy order

Current through Vol. 41, No. 20, July 1, 2024
(a) A
			 licensee shall not be issued a renewal license until licensee has complied with
			 all the provisions of the Final Administrative Order.
(b) In the event that the licensee has not
			 timely complied with a Final Administrative Order, the Board Secretary may file
			 a motion to enforce or initiate disciplinary action against a licensee.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 1 - General Provisions › Section 435:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter describe application processes for
				  licensure by examination and endorsement. It includes special provisions for
				  foreign medical graduates. This Chapter also describes rules for the approval
				  of hospitals and programs for post-graduate training and other regulations of
				  the practice of physicians and surgeons.
Amended at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Amended at 12 Ok Reg 1223, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 1 - General Provisions › Section 435:10-1-2 - Interpretation of rules and regulations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Revoked at 12 Ok Reg 1223, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 1 - General Provisions › Section 435:10-1-3 - Limited liability company

Current through Vol. 41, No. 20, July 1, 2024
Based on the enactment of 18 O.S., Supp. 1992, Section 2000
				  et seq. (SB456, 1992 Oklahoma Legislature), the Oklahoma State Board of Medical
				  Licensure and Supervision recognizes that a lawfully formed and organized
				  limited liability company, domestic limited liability company, or foreign
				  limited liability company is a lawful business organization wherein an Oklahoma
				  licensed physician may practice medicine and surgery.
Added at 10 Ok Reg 2455,
				  eff 6-11-93
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 3 - Licensure of Physicians and Surgeons [Revoked] › Section 435:10-3-1 - General licensing requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Revoked at 12 Ok Reg 1223, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 3 - Licensure of Physicians and Surgeons [Revoked] › Section 435:10-3-2 - Graduates of American medical schools [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Revoked at 12 Ok Reg 1223, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 3 - Licensure of Physicians and Surgeons [Revoked] › Section 435:10-3-3 - Graduates of foreign medical schools [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  1557, eff 4-4-94 (emergency); Amended at 11 Ok Reg 1867, eff 5-12-94; Revoked
				  at 11 Ok Reg 4535, eff 7-27-94 (emergency); Revoked at 12 Ok Reg 1223, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 3 - Licensure of Physicians and Surgeons [Revoked] › Section 435:10-3-4 - Licensure by endorsement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  1867, eff 5-12-94; Revoked at 11 Ok Reg 4535, eff 7-27-94 (emergency); Revoked
				  at 12 Ok Reg 1223, eff 5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 3 - Licensure of Physicians and Surgeons [Revoked] › Section 435:10-3-5 - Licensure by examination [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  1867, eff 5-12-94; Revoked at 11 Ok Reg 4535, eff 7-27-94 (emergency); Revoked
				  at 12 Ok Reg 1223, eff 5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 3 - Licensure of Physicians and Surgeons [Revoked] › Section 435:10-3-6 - Premedical education, medical education and clinical competency [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Revoked at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-4-1 - General licensure provisions

Current through Vol. 41, No. 20, July 1, 2024
(a) No person shall perform any act
				prohibited by the Act for any fee or other compensation, or hold himself or
				herself out as a physician and surgeon under the Act, unless first licensed by
				the Board to do so. The Board directs staff to undertake affirmative action to
				seek the prosecution of any person suspected by the staff to be in criminal
				violation of any provision of the Act.
(b) No person shall be licensed by the Board
				unless and until that person first fully complies with all licensure provisions
				of the Act and this Subchapter and has satisfied the Board of the ability of
				that person to practice medicine and surgery with reasonable skill and
				safety.
(c) The Board shall not
				engage in any application process with any agent or representative of any
				applicant except as is specifically approved by the Board at a meeting of the
				Board and majority vote. The Board shall entertain a request for authority for
				an agent or representative to represent an applicant only upon written motion
				by the applicant and after a personal interview with the applicant by the
				Secretary of the Board or the Board en banc. It is the purpose of the Board in
				this regard to prevent any subterfuge in the application process and so
				requires any person who wishes to employ an agent or representative to meet
				personally with the Board or Secretary.
(d) A license issued by the Board shall be
				signed by the Secretary and attested by the seal of the Board.
Added at 11 Ok Reg 4535,
				  eff 7-27-94 (emergency); Added at 12 Ok Reg 1223, eff 5-11-95; Amended at 12 Ok
				  Reg 3468, eff 6-26-95 (emergency); Amended at 13 Ok Reg 1697, eff 5-25-96;
				  Amended at 16 Ok Reg 1210, eff 5-14-99
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 435:10-4-2 - Board jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				jurisdiction of the Board extends, for the purposes of 59 O.S. §492, as
				amended by H.B. No. 2123, to allopathic medical practices. It is the duty of
				the Board to enforce licensure requirements for persons who perform any act
				contemplated by 59 O.S. §492(C) or any other provision of the Act. The
				Board construes licensure requirements of the Act to extend to residents and
				interns in any medical post-graduate training program in accordance with 59
				O.S. §492(D)(1) . Interns shall obtain a special license to practice
				pursuant to Subchapter 11 of this Chapter. In special circumstances, residents
				beyond the first year of post-graduate training may extend a special license
				for continuance of training, renewable annually.
(b) The Board construes "allopathic" to refer
				to any medical or surgical procedure, drug or act reasonably and/or normally
				performed or undertaken by an allopathic physician consistent with the
				education and training of an allopathic physician.
Added at 11 Ok Reg 4535,
				  eff 7-27-94 (emergency); Added at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-4-3 - Application forms

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board
				directs staff to prepare and create new forms, or modify existing forms, to be
				used in the application process for licensure by examination and endorsement.
				Application forms shall require applicants to submit all information required
				by the Act.
(b) Application forms
				may be obtained upon written request from the Board office.
Added at 11 Ok Reg 4535,
				  eff 7-27-94 (emergency); Added at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-4-6 - Medical licensure examination

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon submission and approval of a
				completed application for licensure by examination, and the payment of all
				fees, an applicant may sit for an examination approved by the Board. The Board
				has adopted the USMLE as its licensure examination. The passing score for the
				licensure examination is set at seventy-five percent (75%) or the 3-digit
				minimum passing score scale as set by the USMLE program.
(b) In order to sit for the licensure
				examination, the applicant shall provide the Board with all information
				required by 59 O.S. §494.1 on a form created or approved by the
				Board.
(c) Submission of an
				application shall not guarantee an applicant the ability to sit for the
				licensure examination. No person shall sit for licensure examination until
				approved to do so by the Board.
(d)
				The Board recognizes as acceptable for licensure the USMLE, NBME, FLEX and LMCC
				examinations. However, the Board will not accept test scores or combined FLEX
				scores from multiple sittings of the FLEX. In addition, the Board will accept
				the following combinations of those examinations:
(1) NBME part I or USMLE step 1,
plus
NBME part II or USMLE step 2,
plus
NBME part III
				or USMLE step 3;
(2) FLEX component
				1 plus USMLE step 3; or
(3) NBME
				part I or USMLE step 1,
plus
NBME part II or USMLE step 2,
plus
FLEX component 2.
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 435:10-4-7 - Licensure by endorsement

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Board may license an applicant by endorsement based upon the applicant's
				current license in another state, the District of Columbia, U.S. territory, or
				Canada and who has passed a medical licensure examination allowed by 59 O.S.
				§493.3(A)(2), and who has complied with all other current licensure
				requirements of the Act.
(b) The
				Board has approved for the purpose of a medical licensure examination the FLEX,
				USMLE, National Board and LMCC examinations or acceptable combinations thereof.
				All steps of the licensure examination must be passed within ten (10) years
				unless otherwise prohibited by applicable law.
(c) The following applies to all applicants
				regarding examinations failures unless otherwise prohibited by applicable law:
(1) Any applicant who fails any part of a
				licensing examination three times will not be eligible for a license. A score
				of incomplete shall be considered a failing score. The USMLE Step 2-Clinical
				Knowledge and Step 2-Clinical Skills shall be considered as separate
				steps.
(2) If a combination of
				NBME, FLEX and/or USMLE is utilized, any applicant who has failed more than six
				(6) examinations will not be eligible for a license.
(3) If an applicant has achieved
				certification by an American Board of Medical Specialties (ABMS) Board, an
				exception to 435:10-4-7(c) (1) and (2) may be granted by a vote of the
				Board.
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 435:10-4-8 - Endorsement of certified applicants

Current through Vol. 41, No. 20, July 1, 2024
The Board recognizes that the degree conferred upon a student
				  of medicine is not always a doctorate of medicine. The Board will accept
				  equivalent degrees when the underlying education is similar to the education of
				  the University of Oklahoma School of Medicine.
Added at 11 Ok Reg 4535,
				  eff 7-27-94 (emergency); Added at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-4-9 - Board review of applications

Current through Vol. 41, No. 20, July 1, 2024
The Board may review applications by circularization and
				  thereby vote to approve an application. Any Board member may vote to hold any
				  application until a meeting of the Board for review en banc. Applications
				  approved by circularization shall be ratified at a subsequent meeting of the
				  Board. No application shall be denied except in a meeting of the Board upon a
				  vote of a majority of the Board members.
Added at 11 Ok Reg 4535,
				  eff 7-27-94 (emergency); Added at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-4-10 - Personal appearance by an applicant

Current through Vol. 41, No. 20, July 1, 2024
(a) Any Board member may require an applicant
				to make a personal appearance before the Board or the Secretary prior to action
				on an application.
(b) An applicant
				may request to appear before the Board during the application process in order
				to provide the Board with additional relevant information.
Added at 11 Ok Reg 4535,
				  eff 7-27-94 (emergency); Added at 12 Ok Reg 1223, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 5 - Approval of Hospitals and Programs for Post-Graduate Training › Section 435:10-5-1 - Determination of hospitals and programs approved for post-graduate training

Current through Vol. 41, No. 20, July 1, 2024
In order to properly enforce the provisions of 59 O.S. 1971,
				  Section 493.1(c) relative to post-graduate training, the State Board of Medical
				  Licensure and Supervision shall each year approve sponsoring institutions and
				  their programs which are acceptable for post-graduate training in
				  Oklahoma.
(1) In determining which
				sponsoring institutions and programs shall be approved for post-graduate
				training, this Board shall consider among other things, the qualifications of
				physician educators serving in residencies in said sponsoring institutions and
				other facilities for giving first year post-graduate training. Physicians not
				eligible for full and unrestricted licensure in Oklahoma shall not be
				considered by this Board as qualified to train post-graduate
				residents.
(2) In determining the
				sponsoring institutions and programs that shall be approved for first year
				post-graduate training and residency programs, the Board shall consider as
				evidence of acceptability the sponsoring institution's accreditation by the
				Accreditation Council for Graduate Medical Education (ACGME).
(3) Each sponsoring institution shall appoint
				an institutional official responsible for meeting reporting requirements. The
				following list of reportable incidents shall be reported to the Board within
				thirty (30) days of a final action on the part of the sponsoring institution or
				program:
(A) Whether any disciplinary actions
				relating to unprofessional conduct (as defined in Title 59 O.S., §509 and
				OAC
				435:10-7-4
				) were taken against a resident physician in the post-graduate training
				program.
(B) Whether a resident
				physician has failed to advance in the residency program for reasons of
				unprofessional conduct.
(C) Whether
				a resident physician has been placed on restriction by the program director for
				reasons of unprofessional conduct.
(D) Whether any resident physician has been
				dismissed or terminated from the training program and the reasons for such
				action.
(E) Whether any resident
				physician has resigned from the training program while under investigation for
				program violations, misconduct, or unprofessional conduct.
(F) Whether any resident physician has been
				referred by the program director to a substance abuse program, unless the
				resident physician enrolls in an impaired physician program approved by the
				Board.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 10 - Physicians and Surgeons › Subchapter 5 - Approval of Hospitals and Programs for Post-Graduate Training › Section 435:10-5-2 - Suspension from hospitals and programs approved

Current through Vol. 41, No. 20, July 1, 2024
Any hospital or program appointing any person as a fellow,
				  assistant resident, or resident physician or permitting anyone to practice
				  medicine in such hospital or program without a license or special license to
				  practice medicine in Oklahoma may be suspended from the Board's list of
				  hospitals and programs approved for post-graduate training. It shall be the
				  duty of the hospital and/or medical school appointing such fellow, assistant
				  resident, or resident to ascertain that such appointees hold a license to
				  practice in Oklahoma at the time they begin post-graduate training. The
				  hospital or program must submit within 30 days after the commencement of said
				  employment the name and licensure information to include license number on each
				  fellow, assistant resident or resident physician.
Amended at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Amended at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-7-1 - Physicians dispensing dangerous drugs

Current through Vol. 41, No. 20, July 1, 2024
In compliance with Senate Bill 39, 1987 Session, all medical
				  doctors who desire to dispense "dangerous drugs" to patients must comply with
				  all requirements thereof.
(1)
Annual registration.
Any medical doctor who desires to dispense
				"dangerous drugs," as defined by 59 O.S.1991, §§ 355,
et
				seq.,
to patients must register annually with the Oklahoma State Board
				of Medical Licensure and Supervision on forms provided by the Board.
				Registration as a dispensing physician may be combined with annual renewal of
				licensure in order to simplify the process.
(2)
Records made available.
The
				book, file or record required by the Oklahoma Pharmacy Act 59 O.S. 1991,
				Section 355.1, shall be available to inspection and copying by investigators of
				the Board during normal business hours.
(3)
Initial registration.
For
				initial registration as a dispensing physician from November 1, 1987, to June
				1, 1988, the physician may request a registration form from the Board or
				register in the normal, annual renewal of licensure process.
(4)
Registration fee.
There is
				no fee for registration as a dispensing physician.
Amended at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Amended at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-7-2 - Use of Board certification

Current through Vol. 41, No. 20, July 1, 2024
Allopathic physicians in Oklahoma who may lawfully claim to
				  be "Board Certified" or "Certified by" or a "Diplomat" or "Fellow" are only
				  physicians who have presented to the Oklahoma State Board of Medical Licensure
				  and Supervision evidence of successful completion of all requirements for
				  certification by a member Board of the organization of American Board of
				  Medical Specialties as listed by the American Medical Association, or by any
				  other organization whose program for the certification requested has been found
				  by the Board to be equivalent thereto.
Amended at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Amended at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-7-3 - Administrative citation for violation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Revoked at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-7-5 - Determining continued competency of a physician and surgeon

Current through Vol. 41, No. 20, July 1, 2024
(a)
Criteria
				for review.
Any active licensed physician who meets any of the following
				criteria shall be required to demonstrate his continued competence as a
				physician and surgeon in the State of Oklahoma. The criteria for review shall
				include:
(1) Physicians who are more than 75
				years of age;
(2) Physicians who
				have recently had significant illnesses or medical events which could affect
				their ability to practice medicine with reasonable competency;
(3) Physicians who have been the subject of
				letters of complaint or concern submitted to the Board from persons in the
				practitioner's sphere of influence.
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 435:10-7-6 - Retired physicians and surgeons

Current through Vol. 41, No. 20, July 1, 2024
(a) Holders of full and unrestricted licenses
				may choose at any time to apply for Physician Emeritus (fully retired) status
				by notifying this office. There will be no fee associated with obtaining or
				maintaining this licensure status.
(b) Physicians in this status may continue to
				use the title or append to their name the letters, M.D., Doctor, Professor,
				Specialist, Physician or any other title, letters or designation which
				represents that such person is a physician. Service on boards, committees or
				other such groups which require that a member be a physician shall be
				allowed.
(c) Once this status is
				acquired the physician shall not practice medicine in any form, prescribe,
				dispense or administer drugs.
(d)
				When a physician has retired from practice and subsequently chooses to return
				to active practice from retired status within six (6) months of the date of
				retirement, the physician shall:
(1) Pay
				required fees and
(2) Complete
				required forms
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 435:10-7-7 - Relocation of residence or practice

Current through Vol. 41, No. 20, July 1, 2024
All physicians licensed in the State of Oklahoma must submit
				  a street address upon relocation of residence, if used as mailing address,
				  and/or practice address.
Amended at 11 Ok Reg
				  4535, eff 7-27-94 (emergency); Amended at 12 Ok Reg 1223, eff
				  5-11-95
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 435:10-7-8 - Communicable diseases

Current through Vol. 41, No. 20, July 1, 2024
Any physician and surgeon licensed to practice in Oklahoma
				  has a continuing, affirmative obligation to maintain freedom from any
				  communicable disease or condition. In the event a physician contracts a
				  communicable disease or condition, the physician shall either cease performing
				  invasive procedures and take all other relevant precautions, or the physician
				  shall give actual notice to patients of the nature and extent of his
				  communicable disease or condition.
Added at 9 Ok Reg 1575,
				  eff 4-27-92
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 435:10-7-9 - Disposal of human tissue

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				following words and terms, when used in this Section, shall have the following
				meaning, unless the context clearly indicates otherwise:
(1)
"Conviction"
, as used in
				SB668, 1992 Legislative Session, shall mean a finding, by the Board, that a
				physician did violate any provision of this Section.
(2)
"Human tissue"
means all
				parts of the human body recognizable as such without the use of specialized
				equipment.
(3)
"Physician"
means a person licensed under the provisions of Title
				59 O.S., Section 481 et seq.
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 435:10-7-10 - Annual reregistration

Current through Vol. 41, No. 20, July 1, 2024
(a)
				On an annual basis, each person licensed by the Board shall reregister with the
				Board. Reregistration shall be conducted during the month of initial licensure
				of each individual licensee by the Board. Each licensee shall provide to the
				Board all information required by the Board pursuant to statute, 59 O.S. ss
				495a.1, in a form approved by the Board. The Board's staff shall prorate all
				fees for reregistration periods to equal the actual reregistration period
				during the period of transition from the uniform June annual reregistration
				period to the new period of reregistration based upon month of initial
				licensure.
(b) It shall be the
				affirmative duty of each licensee to comply with reregistration requirements.
				No grace period beyond that provided by law shall be allowed. The Board will
				not hear requests for extensions for reregistration or exemption from any
				reregistration requirement that the licensee did not receive reregistration
				materials.
Added at 12 Ok Reg 767,
				  eff 1-5-95 (emergency); Added at 12 Ok Reg 1235, eff
				  5-15-95
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 435:10-7-11 - Use of controlled substances for the management of chronic pain

Current through Vol. 41, No. 20, July 1, 2024
The Board has recognized that principles of quality medical
				  practice dictate that the people of the State of Oklahoma have access to
				  appropriate and effective pain relief and has adopted the following criteria
				  when evaluating the physician's treatment of pain, including the use of
				  controlled substances:
(1)
Evaluation of the patient.
A medical history and physical
				examination must be obtained, evaluated and documented in the medical record.
				The medical record should document the nature and intensity of the pain,
				current and past treatments for pain, underlying or coexisting diseases or
				conditions, the effect of the pain on physical and psychological function and
				history of substance abuse. The medical record also should document the
				presence of one or more recognized medical indications for the use of a
				controlled substance.
(2)
Treatment plan.
The written treatment plan should state objectives
				that will be used to determine treatment success, such as pain relief and
				improved physical and psychosocial function, and should indicate if any further
				diagnostic evaluations or other treatments are planned. After treatment begins,
				the physician should adjust drug therapy to the individual medical needs of
				each patient. Other treatment modalities or a rehabilitation program may be
				necessary depending on the etiology of the pain and the extent to which the
				pain is associated with physical and psychosocial impairment.
(3)
Informed consent and agreement for
				treatment.
The physician should discuss the risks and benefits of the
				use of controlled substances with the patient, persons designated by the
				patient or with the patient's surrogate or guardian if the patient is without
				medical decision-making capacity. The patient should receive prescriptions from
				one physician and one pharmacy whenever possible. If the patient is at high
				risk for medication abuse or has a history of substance abuse, the physician
				should consider the use of a written agreement between physician and patient
				outlining patient responsibilities, including:
(A) urine/serum medication levels screening
				when requested;
(B) number and
				frequency of all prescription refills; and
(C) reasons for which drug therapy may be
				discontinued (e.g. violation of agreement)