Oklahoma Administrative Code
Title 435 - State Board of Medical Licensure and Supervision
Chapter 45 - Respiratory Care Practitioner
Subchapter 5 - Regulation of Practice
Section 435:45-5-3 - Grounds for disciplinary action
Universal Citation: OK Admin Code 435:45-5-3
Current through Vol. 42, No. 1, September 16, 2024
(a) The Respiratory Care Advisory Committee may recommend to the Board to reprimand or place on probation any holder of a respiratory care practitioner (RCP) license, or may limit, suspend or revoke privileges, or may revoke or suspend any license issued to an RCP or deny a license to an applicant for unprofessional conduct. Acts which constitute unprofessional conduct include, but are not limited to:
(1) Habitually intemperate or addicted use of
any drug, chemical or substance which could result in behavior that interferes
with the practice of respiratory care and the responsibilities of the
licensee.
(2) Unauthorized
possession and use of illegal or controlled substances or pharmacologic agents
without lawful authority or prescription by an authorized and licensed
independent practitioner of the state of Oklahoma.
(3) Any conduct which potentially or actually
jeopardizes a patient's life, health or safety.
(4) Falsely manipulating drug supplies,
narcotics or patient records, or forging a prescription for medication/drugs,
or presenting a forged prescription.
(5) Conviction of, or confession or plea of
no contest to, a felony or of a crime involving moral turpitude.
(6) Conviction of, or confession or plea of
no contest to, a drug related offense.
(7) Falsifying documents submitted to the
Respiratory Care Advisory Committee or the Oklahoma State Board of Medical
Licensure and Supervision.
(8)
Obtaining or attempting to obtain a license, certificate or documents of any
form as a respiratory care practitioner by fraud or deception.
(9) Aiding, abetting or assisting any other
person to violate or circumvent any law or rule or regulation intended to guide
the conduct of a respiratory care practitioner.
(10) Failure to report through proper
channels the unsafe or illegal practice of any person who is providing patient
care.
(11) Negligence while in
practice as a respiratory care practitioner or violating the "Standards of
Ethics and Professional Conduct" adopted by the Board.
(12) Engaging in fraudulent billing practices
and/or violation of federal Medicare and Medicaid laws or state medical
assistance laws.
(13) Being
adjudged mentally incompetent by a court of competent jurisdiction.
(14) Failing to timely make application for
license renewal.
(15) Verbally or
physically abusing patients.
(16)
Discriminating in the rendering of patient care and respiratory care
assignment(s).
(17) Inaccurate
recording, falsifying or altering of patient records.
(18) Leaving a patient care assignment or
patient without properly advising appropriate personnel.
(19) Violating the confidentiality of
information or knowledge concerning a patient(s).
(20) While engaged in the care of a patient,
engaging in conduct with a patient, patient family member or significant other
which is seductive or sexually demeaning/exploitive in nature.
(21) Violating any provision of the
Respiratory Care Practice Act or the rules promulgated by the Board.
(22) Failure to furnish the Board, its
investigators or representatives, information lawfully requested by the
Board.
(23) Failure to cooperate
with a lawful investigation conducted by the Board.
(24) Violation of any provision(s) of the
medical practice act or the rules and regulations of the Board or of an action,
stipulation, agreement or order of the Board.
(25) Participating in the competency
validations for Advanced Unlicensed Assistive Personnel as relates to
respiratory therapy techniques or treatments.
(b) A respiratory care practitioner who knowingly allows or participates with individual(s) who are in violation of the above will be prohibited from supervision of other respiratory care practitioners for so long as the Board deems appropriate; and may themselves be subject to disciplinary action pursuant to their conduct.
Added at 18 Ok Reg 2646, eff 7-12-01
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.
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