Okla. Admin. Code § 310:641-7-29

Current through Vol. 41, No. 19, June 17, 2024

Section 310:641-7-29 - Suspension, revocation, probation, or non-renewal of an approved training program or instructor

(a) The Department may suspend, revoke, fine, or place on probation an instructor, training program, or agency for the following:

(1) violations of any provision of Oklahoma Statutes, the Act, or regulations promulgated by the Board;

(2) permitting, aiding, or abetting in any illegal act in connection with a program or agency,

(3) conduct of any practice that is detrimental to the welfare of a patient or user of the services;

(4) failure to comply with a written order issued by the Department within the time frame specified by the Department;

(5) engaging in any act which is designed or intended to hinder, impede, or obstruct an investigation by the Department,

(6) a program that fails to renew their certification within the time frame as specified in this Chapter shall be considered as expired and therefore no longer certified as a training program in Oklahoma.

(7) failing as a clinical preceptor or instructor to supervise, manage, or train students under their instruction, regarding and according to:

(A) scope of practice;

(B) generally accepted standards of patient care;

(C) U.S. DOT instructional guidelines;

(D) protocols, policies, and procedures.

(8) willfully harassing, abusing, or intimidating a patient or student,

(9) misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation,

(10) offering, giving, or promising anything of value (as defined in Oklahoma statutes or Department policy) 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;

(11) interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts, by the 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,

(12) failure to report the unprofessional conduct or non-compliance of regulation of individually licensed and certified personnel as defined in this Chapter of regulation.

(b) No person, company, governmental entity or trust authority may operate a training program except in accordance with 63 O.S. Section 1-2501 et, seq., and the regulations as promulgated by the Board. The Commissioner, District Attorney of the county wherein a violation occurs, or the Attorney General of this state, shall have the authority to enforce provisions of the law.

(c) A license/certificate/permit holder or applicant, in connection with a license application or an investigation conducted by the Department pursuant to this Chapter shall not:

(1) knowingly make a false statement of material fact;

(2) fail to disclose a fact necessary to correct a misapprehension known by the licensee to have arisen in the application or the matter under investigation; or

(3) fail to respond to a demand for information made by the Department or any designated representative thereof.

(d) If in the course of an investigation the Department determines that the license/certificate/permit holder or applicant has engaged in conduct that is detrimental to the health, safety, or welfare of the public, and which necessitates immediate action to prevent further harm, the Commissioner may order a summary suspension of the license/certificate/permit holder's license, certificate, or permit respectively held. A presumption of imminent harm to the public shall exist if the Department determines probable cause for any conduct that is detrimental to the welfare of the patient or potential users of the service exists;

(e) In addition to any other penalties, a civil fine of not more than one hundred ($100.00) dollars per violation per day may be assessed, for violations of the Act or OAC 310:641.

Okla. Admin. Code § 310:641-7-29

Added by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016