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