Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 641 - Emergency Medical Services › Subchapter 5 - Personnel Licenses and Certification › Part 5 - PROCEDURES AUTHORIZED › Section 310:641-5-33 - Certification and licensure enforcement actions

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may revoke, suspend, place
				  on probation, fine, or deny any license or certificate, or renewal of any
				  license or certificate for the following:
(1)
				  Violations of any provision of Oklahoma statutes, the Act, or this
				  Chapter;
(2) permitting, aiding,
				  abetting, or conspiring with a person to violate or circumvent a law relating
				  to licensure or certification;
(3)
				  fraud, misrepresentation, deception, or concealment of a material fact in
				  applying for or assisting in securing a license or license renewal or in taking
				  an examination required for licensure;
(4) signing or issuing, in the licensee's
				  professional capacity, a document or statement that the licensee knows or
				  reasonably ought to know contains a false or misleading statement;
(5) a misleading, deceptive, false, or
				  fraudulent advertisement or other representation in the conduct of the
				  profession or occupation;
(6)
				  offering, giving, or promising anything of value or benefit, as prohibited in
				  Oklahoma law or rule, to a Federal, state, or local government employee or
				  official for the purpose of influencing the employee or official to circumvent
				  a Federal, state, or local law, rule, or ordinance governing the licensee's
				  profession or occupation;
(7)
				  conviction, adjudication, or plea of guilty or nolo contendere, for an offense
				  involving moral turpitude, whether a misdemeanor or felony, and whether or not
				  an appeal is pending;
(8)
				  permitting, aiding, or abetting any illegal act;
(9) conduct of any practice that is
				  detrimental to the welfare of the patient or potential users of the service;
(10) conduct likely to deceive,
				  defraud, or harm the public including, but not limited to, practicing while
				  subject to a physical or mental condition which renders the licensee unable to
				  safely engage in activities required of a licensee under this subchapter;
(11) acting in such a manner as to
				  present a danger to public health or safety, or to any patient including, but
				  not limited to incompetence, negligence, malpractice, or engaging in conduct in
				  the course of one's practice while suffering from a contagious or infectious
				  disease involving serious risk to public health without taking adequate
				  precautions;
(12) engaging in any
				  act which is designed or intended to hinder, impede, or obstruct an
				  investigation of any matter governed by the Act or by lawful authority;
(13) making a false or misleading
				  statement regarding the licensee's skill in connection with the activities
				  required of a licensee under this subchapter;
(14) use of a false, fraudulent, or deceptive
				  statement, whether written or verbal, in connection with the activities
				  required of a licensee under this subchapter;
(15) knowingly make a false statement of
				  material fact;
(16) failure to
				  disclose a fact necessary to correct a misapprehension known by the licensee to
				  have arisen in the application or the matter under investigation;
(17) failure to respond to a demand for
				  information made by the Department or any designated representative thereof;
(18) interference with an
				  investigation or disciplinary proceeding by willful misrepresentation of facts,
				  by use of threats or harassment against or inducement to a client or witness to
				  prevent them from providing evidence in a disciplinary proceeding or other
				  legal action, or by use of threats or harassment against or inducement to a
				  person to prevent or attempt to prevent a disciplinary proceeding or other
				  legal action from being filed, prosecuted, or completed;
(19) having been subject to disciplinary
				  action of another state or jurisdiction against a license or other
				  authorization, based upon acts or conduct by the licensee similar to acts or
				  conduct that would constitute grounds for disciplinary action. A report from
				  the National Practitioners Database (NPDB) or a certified copy of the record of
				  the action taken by the other state or jurisdiction is evidence of
				  unprofessional conduct;
(20) having
				  voluntarily relinquished or surrendered a professional or occupational license,
				  certificate, or registration in this state or in another state;
(21) having withdrawn an application for
				  licensure, certification, or registration while under investigation or prior to
				  a determination of the completed application in this state or in another state
				  or jurisdiction;
(22) failure to
				  practice within the scope of practice of the certificate or license as
				  established by the Department or by the medical director;
(23) failure to practice within adopted
				  protocols and procedures established and approved by the Department and the
				  medical director;
(24) failure to
				  practice within the protocols set forth by the medical director and approved by
				  the Department;
(25) habitual
				  intemperance or excessive use of an addictive drug, alcohol, or other substance
				  to the extent that the use impairs the user physically or mentally; this
				  provision does not apply to a licensee who is in compliance with an approved
				  therapeutic regimen under a physicians' care;
(26) filing a complaint with or providing
				  information to the Department which the licensee knows, or ought to know, is
				  false or misleading. This provision does not apply to any filing of a complaint
				  or providing information to the board when done in good faith;
(27) failing to report to the Department any
				  adverse judgement or award arising from a medical liability claim or other
				  unprofessional conduct;
(28)
				  committing any act of sexual abuse, misconduct, or exploitation by the licensee
				  whether or not related to the practice;
(29) failing to exercise technical competence
				  in carrying out medically authorized skills, medication administration, or
				  procedures related to their scope of practice;
(30) unauthorized possession of patient care
				  reports, falsifying, or altering patient care reports, intentionally
				  documenting patient records incorrectly, failing to document patient care
				  records, or prepare patient care reports,
(31) revealing confidential information
				  obtained as the result of a professional relationship without the prior consent
				  of the recipient of services except as authorized or required by law;
(32) diversion of a medication for
				  any purpose or a violation of state or Federal laws governing the
				  administration of medications;
(33)
				  failing as a clinical preceptor or lead instructor, to supervise, manage or
				  train students practicing under the licensee's supervision, according to:
(A) scope of practice,
(B) generally accepted standards of patient
				  care,
(C) board approved
				  instructional guidelines,
(D)
				  protocols, policies, and procedures,
(34) willfully harassing, abusing, or
				  intimidating a patient or student, either physically or verbally;
(35) practicing as an emergency medical
				  professional at any level without a current, active Oklahoma certification or
				  license;
(36) failing to comply
				  with administrative orders, to include probation, suspension, or revocation
				  orders;
(37) failure to comply with
				  a term, condition, or limitation of a certificate or license by final order of
				  the Department;
(38) any other act,
				  whether specifically enumerated or not, that in fact constitutes unprofessional
				  conduct;
(39) failing to report to
				  the Department the unprofessional conduct or noncompliance of regulations of
				  other certified or licensed emergency medical providers;
(40) conduct that does not meet the generally
				  accepted standards of practice, which may be, but not required to be, supported
				  by malpractice judgements, or tort judgements; and
(41) Failing to report the institution of or
				  final action on a malpractice action, including a final decision on appeal,
				  against the licensee or of an action against the licensee by a:
(A) peer review committee;
(B) professional association; or
(C) local, state, Federal, territorial,
				  provincial, or tribal government.