Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 45 - Respiratory Care Practitioner › Subchapter 5 - Regulation of Practice › Section 435:45-5-3 - Grounds for disciplinary action

Current through Vol. 41, No. 20, July 1, 2024
(a) The Respiratory Care Advisory Committee
				may recommend to the Board to reprimand or place on probation any holder of a
				respiratory care practitioner (RCP) license, or may limit, suspend or revoke
				privileges, or may revoke or suspend any license issued to an RCP or deny a
				license to an applicant for unprofessional conduct. Acts which constitute
				unprofessional conduct include, but are not limited to:
(1) Habitually intemperate or addicted use of
				any drug, chemical or substance which could result in behavior that interferes
				with the practice of respiratory care and the responsibilities of the
				licensee.
(2) Unauthorized
				possession and use of illegal or controlled substances or pharmacologic agents
				without lawful authority or prescription by an authorized and licensed
				independent practitioner of the state of Oklahoma.
(3) Any conduct which potentially or actually
				jeopardizes a patient's life, health or safety.
(4) Falsely manipulating drug supplies,
				narcotics or patient records, or forging a prescription for medication/drugs,
				or presenting a forged prescription.
(5) Conviction of, or confession or plea of
				no contest to, a felony or of a crime involving moral turpitude.
(6) Conviction of, or confession or plea of
				no contest to, a drug related offense.
(7) Falsifying documents submitted to the
				Respiratory Care Advisory Committee or the Oklahoma State Board of Medical
				Licensure and Supervision.
(8)
				Obtaining or attempting to obtain a license, certificate or documents of any
				form as a respiratory care practitioner by fraud or deception.
(9) Aiding, abetting or assisting any other
				person to violate or circumvent any law or rule or regulation intended to guide
				the conduct of a respiratory care practitioner.
(10) Failure to report through proper
				channels the unsafe or illegal practice of any person who is providing patient
				care.
(11) Negligence while in
				practice as a respiratory care practitioner or violating the "Standards of
				Ethics and Professional Conduct" adopted by the Board.
(12) Engaging in fraudulent billing practices
				and/or violation of federal Medicare and Medicaid laws or state medical
				assistance laws.
(13) Being
				adjudged mentally incompetent by a court of competent jurisdiction.
(14) Failing to timely make application for
				license renewal.
(15) Verbally or
				physically abusing patients.
(16)
				Discriminating in the rendering of patient care and respiratory care
				assignment(s).
(17) Inaccurate
				recording, falsifying or altering of patient records.
(18) Leaving a patient care assignment or
				patient without properly advising appropriate personnel.
(19) Violating the confidentiality of
				information or knowledge concerning a patient(s).
(20) While engaged in the care of a patient,
				engaging in conduct with a patient, patient family member or significant other
				which is seductive or sexually demeaning/exploitive in nature.
(21) Violating any provision of the
				Respiratory Care Practice Act or the rules promulgated by the Board.
(22) Failure to furnish the Board, its
				investigators or representatives, information lawfully requested by the
				Board.
(23) Failure to cooperate
				with a lawful investigation conducted by the Board.
(24) Violation of any provision(s) of the
				medical practice act or the rules and regulations of the Board or of an action,
				stipulation, agreement or order of the Board.
(25) Participating in the competency
				validations for Advanced Unlicensed Assistive Personnel as relates to
				respiratory therapy techniques or treatments.