Oklahoma Administrative Code › Title 485 - Oklahoma Board of Nursing › Chapter 10 - Licensure of Practical and Registered Nurses › Subchapter 11 - Disciplinary Action › Section 485:10-11-3 - Informal disposition

Current through Vol. 41, No. 20, July 1, 2024
. . .
Informal disposition may be made of any
				  individual proceeding by stipulation, agreed settlement, consent order, or
				  default.
[75 O.S. Section 309(e) ]
(1)
Informal proceedings.
Informal proceedings may be conducted after the filing of a sworn
				complaint; and information so presented may be considered by the Board as a
				body or by any designated member or any representative designated therefore,
				with the party or parties affected by correspondence or otherwise in an effort
				to bring about an adjustment and solution of the problem without a formal
				Hearing. Such proceedings shall be held without prejudice to the right of the
				Board, thereafter to institute formal proceedings and conduct Hearings covering
				the same subject matter.
(2)
Informal conferences.
If deemed advisable to speed the
				consideration and determination of complaints and controversies which may not
				justify or require more formal proceedings, the Board may hold an informal
				conference with the party or parties affected. Thereafter the Board as a body,
				or any designated member, or representative thereof, shall attempt to resolve
				the controversy in an equitable manner. Such proceedings shall be without
				prejudice to the right of the Board thereafter to institute formal proceedings
				covering the same or related subject matter, or the right of the person
				involved, if the controversy is not resolved, to request a formal
				hearing.
(3)
Informal
				Disposition Panel.
The respondent has a right to a hearing before the
				full Board. In the alternative informal disposition may be requested under
				certain circumstances.
(A) Informal
				Disposition Panel shall be composed of one or more individuals appointed by the
				Board President, at least one of whom shall be a current Board member. More
				than one panel may be appointed if warranted by the number of cases.
(B) Informal Disposition Panel may be
				utilized for the following types of cases or otherwise at the discretion of the
				Executive Director:
(i) Reinstatement/Return
				To Active which require Board action such as:
(I) when working with a lapsed
				license;
(II) after surrender,
				suspension or revocation of license;
(ii) Voluntary surrenders;
(iii) Termination of Probation;
(iv) Requests to amend orders;
(v) Certain uncontested complaints such as
				action in another jurisdiction and/or criminal convictions;
(vi) Negotiated disposition of
				complaint.
(C) If the
				nurse and the Panel member(s) do not agree, the case will be set for a Board
				hearing. The outcome of the informal disposition will be held in confidence and
				not admitted into evidence at the hearing. The Panel member(s) will not
				participate in the hearing before the full Board.
(D) If the nurse and the Panel member(s) do
				agree but the Board does not accept the recommendations of the Panel, the case
				will be set for a hearing before the full Board.