Current through Vol. 41, No. 7, December 15, 2023
(a)
Board Authority. The Board has been granted authority pursuant to
59 O.S. §492.1, to require, among other things, that an applicant provide
to the Board satisfactory evidence of the ability of the applicant to practice
medicine and surgery in this state with reasonable skill and safety. In
addition, the Board is empowered pursuant to 59 O.S. §503 through 513, to
take administrative and other action for violation of the Act for
unprofessional conduct.
(b)
Agreement between Board and applicant.
(1) In consideration of this authority, the
Board designates to the Secretary the authority to enter into a written
Agreement with an applicant to provide the Board assurance that the applicant
will be able to practice medicine and surgery in this state with reasonable
skill and safety.
(2) The Secretary
may enter into such an Agreement when circumstances and/or conditions of an
applicant raise questions as to the fitness or ability of the applicant to
practice medicine and surgery with reasonable skill and safety or questions as
to prior actions of the applicant in this or any other jurisdiction which would
constitute a violation of the Act or these rules, as the Secretary may
determine.
(3) The Agreement shall
be a written statement of conditions upon which a license may be granted to an
applicant, although no license shall be guaranteed to be granted should an
applicant enter into an Agreement, by which the Secretary shall devise and
specify authority of the Board or its staff to meet with the applicant upon
specified terms, to gather additional information from the applicant or to
require the applicant to take certain specified actions if, when and after the
applicant is granted a license by the Board. Additionally, the Applicant will
agree to pay the actual costs incurred for any testing or monitoring provided
for under the Agreement.
(4) Any
Agreement entered into by the Secretary and an applicant shall not be effective
until ratified by the Board.
(5)
The Board intends any Agreement entered into by the Secretary and an applicant
to be of a continuing nature until set aside or otherwise terminated by the
Board.
(6) An Agreement hereunder
shall not be considered by the Board to be disciplinary action.
(7) The failure of a licensee who is the
subject of an Agreement to comply with the terms of an Agreement shall be
considered a violation of the rules of the Board and shall be grounds for
disciplinary action by the Board pursuant to, among other things, OAC
435:10-7-4(11) and
(39). Failure to comply with an Agreement
hereunder may subject a licensee to revocation by the Board.
(8) At any time during the application
process, the Board may hold an application and direct the Secretary to review
the application for the possibility of entering into an Agreement with an
applicant.
Added at 12 Ok Reg 3658,
eff 5-9-95 (emergency); Added at 13 Ok Reg 1701, eff 5-25-96; Amended at 16 Ok
Reg 2002, eff 6-14-99
