Oklahoma § 59-1619 - Disciplinary actions - Grounds - Notice and hearing Appeal - Restoration – Definitions

§ 59-1619. Disciplinary actions - Grounds - Notice and hearing Appeal - Restoration – Definitions

A. The Board of Examiners for Speech-Language Pathology and

Audiology may impose separately, or in combination, any of the

following disciplinary actions on a licensee after formal

disciplinary action as provided in the Speech-Language Pathology and

Audiology Licensing Act: suspend or revoke a license, issue a

letter of reprimand, impose probationary conditions, impose an

administrative fine not to exceed Ten Thousand Dollars ($10,000.00),

and assess reasonable costs. Disciplinary actions may be taken by

the Board upon proof that the licensee:

1. Has been guilty of fraud or deceit in connection with the

licensee's speech-language pathology or audiology services;

2. Has aided or abetted a person who is not a licensed speechlanguage pathologist or audiologist and who is under the supervision

of a licensed speech-language pathologist or audiologist and subject

to the rules of the Board, in illegally engaging in the practice of

speech-language pathology or audiology within this state;

3. Has been guilty of unprofessional conduct as defined by the

rules established by the Board or has violated the code of ethics

made and published by the Board;

4. Has used fraud or deception in applying for a license or in

passing an examination provided for in the Speech-Language Pathology

and Audiology Licensing Act;

5. Has been grossly negligent in the practice of the person's

profession;

6. Has willfully violated any of the provisions of the SpeechLanguage Pathology and Audiology Licensing Act or any rules

promulgated pursuant thereto;

7. Has violated federal, state or local laws relating to the

profession. A copy of the record of conviction, certified by the

clerk of the court entering the conviction, shall be conclusive

evidence of conviction; or

8. Has been convicted of or has pled guilty or nolo contendere

to a felony crime that substantially relates to the business

practices of speech-language pathology or audiology and poses a

reasonable threat to public safety.

Oklahoma Statutes - Title 59. Professions and Occupations

B. 1. No disciplinary action shall be imposed until after a

hearing before the Board. A notice of at least thirty (30) days

shall be served, either personally or by certified mail, to the

licensee charged, stating the time and place of the hearing, and

setting forth the ground or grounds constituting the charges against

the licensee. The licensee shall be entitled to be heard in such

person's defense either in person or by counsel, and may produce

testimony and may testify in the person's own behalf.

2. A record of such hearing shall be taken and preserved.

3. The hearing may be adjourned from time to time. If, after

due receipt of notice of a hearing, the licensee shall be unable to

appear for good cause shown, then a continuance shall be granted by

the Board. The time allowed shall be at the discretion of the

Board, but in no instance shall it be less than two (2) weeks from

the originally scheduled date of the hearing.

4. If a licensee pleads guilty, or if upon hearing the charges,

a majority of the Board finds them to be true, the Board shall

impose its disciplinary action against the licensee. The Board

shall record its findings and order in writing.

C. 1. The Board, through its chairman or vice-chairman, may

administer oaths and may compel the attendance of witnesses and the

production of physical evidence before it from witnesses upon whom

process is served anywhere within the state, as in civil cases in

the district court, by subpoena issued over the signature of the

chairman or vice-chairman and the seal of the Board.

2. Upon request by an accused speech-language pathologist or

audiologist, and statement under oath that the testimony or evidence

is reasonably necessary to the person's defense, the Board shall use

this subpoena power in behalf of the accused speech-language

pathologist or audiologist.

3. The subpoenas shall be served, and a return of service

thereof made, in the same manner as a subpoena is served out of the

district courts in this state, and as a return in such case is made.

4. If a person fails and refuses to attend in obedience to such

subpoena, or refuses to be sworn or examined or answer any legally

proper question propounded by any member of said Board or any

attorney or licensee upon permission from said Board, such person

shall be guilty of a misdemeanor, and, upon conviction, may be

punished by a fine not to exceed Two Hundred Fifty Dollars ($250.00)

or by confinement in the county jail not to exceed ninety (90) days,

or both.

D. 1. Any person who feels aggrieved by reason of the

imposition of disciplinary action may appeal to the Board for a

review of the case or may seek judicial review pursuant to the

Administrative Procedures Act.

Oklahoma Statutes - Title 59. Professions and Occupations

2. The suit shall be filed against the Board as defendant, and

service of process shall be upon either the chairman or executive

secretary of the Board.

3. The judgment of the district court may be appealed to the

Supreme Court of Oklahoma in the same manner as other civil cases.

E. Upon a vote of three of its members, the Board may restore a

license which has been revoked or reduce the period of suspension.

F. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 1973, c. 203, § 19, emerg. eff. May 17, 1973. Amended

by Laws 1998, c. 202, § 20, eff. July 1, 1998; Laws 2015, c. 183, §

10, eff. Nov. 1, 2015; Laws 2018, c. 230, § 7, emerg. eff. May 7,

2018; Laws 2019, c. 363, § 55, eff. Nov. 1, 2019.