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