Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 531 - Vision Screening › Subchapter 7 - Registry Enforcement for Vision Screening › Section 310:531-7-4 - Summary removal

Current through Vol. 41, No. 20, July 1, 2024
(a) If in the
				course of an investigation the Department determines that a vision screening
				provider has engaged in conduct of a nature that is, or is likely to be
				detrimental to the health, safety, or welfare of the public, and which conduct
				necessitates immediate action to prevent such harm, the Commissioner may order
				summary removal of the name of the vision screening provider from the registry
				for vision screening maintained by the Department pending the Department filing
				a petition to remove the name of the vision screening provider from the
				registry following an individual proceeding pursuant to the Oklahoma
				Administrative Procedures Act, 75 O.S. §§
									309
				et seq . A presumption of imminent harm to the public shall exist if the
				Department determines that probable cause exists that a vision screening
				provider has harmed, or threatened harm to, a child while providing vision
				screening services. The order of summary removal from the registry must include
				the specific grounds for the summary removal, a citation of the statute or law
				allegedly violated, and inform the vision screening provider of the process to
				request a hearing to contest the summary action.
(b) Any vision screening provider whose name
				has been summarily removed from the registry for vision screening may request a
				hearing to contest such summary action. The Department shall have the initial
				burden of persuasion to show that the provider has engaged in conduct that has
				caused, or is likely to cause, harm to a child. If the Department meets this
				burden of persuasion, the vision screening provider has the burden to prove
				that the conduct of the provider in providing vision screening services would
				not harm a child.
(c) If in the
				course of an investigation the Department determines that a vision screening
				trainer has engaged in conduct of a nature that is, or is likely to be
				detrimental to the health, safety, or welfare of the public, and which conduct
				necessitates immediate action to prevent such harm, the Commissioner may order
				summary removal of the name of the vision screening trainer from the list for
				vision screening trainers maintained by the Department pending the Department
				filing a petition to remove the name of the vision screening trainer from the
				list following an individual proceeding pursuant to the Oklahoma Administrative
				Procedures Act, 75 O.S. §§
									309
				et seq . A presumption of imminent harm to the public shall exist if the
				Department determines that probable cause exists that a vision screening
				trainer has harmed, or threatened harm to, a child while providing vision
				screening services. The order of summary removal from the list must include the
				specific grounds for the summary removal, a citation of the statute or law
				allegedly violated, and inform the vision screening trainer of the process to
				request a hearing to contest the summary action.
(d) Any vision screening trainer whose name
				has been summarily removed from the list for vision screening trainers may
				request a hearing to contest such summary action. The Department shall have the
				initial burden of persuasion to show that the trainer has engaged in conduct
				that has caused, or is likely to cause, harm to a child. If the Department
				meets this burden of persuasion, the vision screening trainer has the burden to
				prove that the conduct of the trainer in providing vision screening services
				would not harm a child.
Added at 26 Ok Reg 2036,
				  eff 6-25-09; Amended at 27 Ok Reg 2526, eff
				  7-25-10