Okla. Admin. Code § 435:7-1-1

Current through Vol. 42, No. 4, November 1, 2024

Section 435:7-1-1 - Administrative remedy, notice of intention to impose administrative remedy, and service of notice

(a) Pursuant to 59 O.S.Supp.2019, §503.2, the State Board of Medical Licensure and Supervision ("Board"), or the Board Secretary ("Board Secretary") acting for the Board, may issue a Notice against a licensee for statutory or regulatory prescribed unprofessional conduct.

(b) For the purposes of this section, "unprofessional conduct" includes but is not limited to:

(1) Practicing without timely renewing a license;

(2) Failure to provide required or accurate information on an initial licensure application;

(3) Failure to provide required or accurate information on a renewal application;

(4) Failure to timely obtain required continuing education hours;

(5) Failure to notify Board of current practice location and mailing address;

(6) Failure to cooperate with a lawful investigation conducted by the Board; or

(7) Failure to register with the prescription monitoring program (PMP) in compliance with state law.

(c) Before an administrative remedy is imposed, the licensee shall be provided with a Notice of Intention to Impose Administrative Remedy ("Notice"). The Notice shall include:

(1) Sufficient information regarding the allegations to allow the licensee to prepare a response;

(2) The proposed administrative remedy;

(3) Statement of the time, place, and nature of hearing consistent with Article II of the Administrative Procedures Act;

(4) Deadlines for a written response and the consequences of failing to meet such deadlines;

(5) The licensee's right to submit a written response right to appear at the hearing;

(6) The consequences of the imposition of an administrative remedy, including the fact that the remedy will constitute a public record but that it will not be considered a limitation and restriction on the license and not reportable to the National Practitioner Databank;

(7) A description of the procedural process for consideration of a written response and request for a personal appearance; and

(8) The name and contact information for a Board staff member who can provide further information.

(d) A copy of the Notice shall be mailed to the licensee by certified mail, return receipt requested and delivery restricted to the addressee, to the address on file with the Board, or by personal service. A licensee may consent in writing to service via electronic mail message.

Okla. Admin. Code § 435:7-1-1

Adopted by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 8/26/2021