Oklahoma Administrative Code
Title 310 - Oklahoma State Department of Health
Chapter 234 - Medical Micropigmentation
Subchapter 11 - Enforcement
Section 310:234-11-3 - Administrative penalties

Universal Citation: OK Admin Code 310:234-11-3

Current through Vol. 42, No. 1, September 16, 2024

(a) The Department may assess administrative penalties as follows:

(1) Failure to obtain appropriate certification (i.e. performing Micropigmentation without a certificate), $5,000.00 per violation;

(2) Failure to observe procedures to prevent the transmission of a bloodborne pathogen, $500.00 per violation;

(3) Failure to maintain instruments used in medical micropigmentation in a sterile condition, $500.00 per violation;

(4) Failure to install and maintain appropriate facilities for handwashing, $500.00 per violation;

(5) Failure to maintain client records or monthly spore destruction test records, $500.00 per violation; or

(6) Demonstrating unprofessional conduct, which includes but is not limited to:
(A) Advertising to the public in any manner without the necessary certificate;

(B) Habitual intemperance or the habitual use of habit-forming drugs;

(C) All advertising of business in which statements are made which are grossly untrue or improbable and calculated to mislead the public;

(D) Conviction or confession of a crime involving violation of:
(i) The laws of this state, or

(ii) The Oklahoma Medical Micropigmentation Regulation Act or this Chapter;

(E) Failure to maintain an office record for each patient which accurately reflects the treatment of the patient;

(F) Fraud or misrepresentation in applying for or procuring a micropigmentation certificate;

(G) Cheating on or attempting to subvert the medical micropigmentation certification examination(s);

(H) Conduct likely to deceive, defraud, or harm the public;

(I) Practice or other behavior that demonstrates an incapacity or incompetence to practice medical micropigmentation; or

(J) Has been finally adjudicated and found guilty or entered a plea of guilty or nolo contendere to a felony crime as described Section 310:234-11-1(1) of this Chapter, whether or not sentence is imposed, and regardless of the pendency of an appeal, penalty of $500.00 for each violation above in section 310:234-11-3(6).

(b) Penalties shall double for repeat offenses.

(c) Continued non-compliance shall result in administrative action to revoke the certification or to order the person to cease violating the law.

(d) Each day an offense occurs shall be considered a separate of offense.

Added at 19 Ok Reg 378, eff 11-19-01 (emergency); Added at 19 Ok Reg 2067, eff 6-27-02

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.