Oklahoma § 59-353.26 - Reprimand, revocation or suspension of certificate,

§ 59-353.26. Reprimand, revocation or suspension of certificate,

license or permit - Grounds – Procedure.

A. The State Board of Pharmacy may reprimand, place on

probation, suspend, revoke permanently and levy fines not to exceed

Three Thousand Dollars ($3,000.00) per count and take other

disciplinary action against any person who:

1. Violates any provision of the Oklahoma Pharmacy Act or any

other applicable state or federal law;

2. Violates any of the provisions of the Uniform Controlled

Dangerous Substances Act;

3. Has been convicted of a felony or has pleaded guilty or no

contest to a felony;

Oklahoma Statutes - Title 59. Professions and Occupations

4. Engages in the practice of pharmacy while incapacitated or

abuses intoxicating liquors or other chemical substances;

5. Conducts himself or herself in a manner likely to lower

public esteem for the profession of pharmacy;

6. Has been disciplined by another State Board of Pharmacy or

by another state or federal entity;

7. Has been legally adjudged to be not mentally competent; or

8. Exercises conduct and habits inconsistent with the rules of

professional conduct established by the Board.

B. 1. The Board, its employees, or other agents of the Board

shall keep confidential information obtained during an investigation

into violations of the Oklahoma Pharmacy Act; provided, however,

such information may be introduced by the state in administrative

proceedings before the Board and the information then becomes a

public record.

To ensure the confidentiality of such information obtained

during the investigation but not introduced in administrative

proceedings, this information shall not be deemed to be a record as

that term is defined in the Oklahoma Open Records Act, nor shall the

information be subject to subpoena or discovery in any civil or

criminal proceedings, except that the Board may give such

information to law enforcement and other state agencies as necessary

and appropriate in the discharge of the duties of that agency and

only under circumstances that ensure against unauthorized access to

the information.

2. The respondent may acquire information obtained during an

investigation, unless the disclosure of the information is otherwise

prohibited, except for the investigative report, if the respondent

signs a protective order whereby the respondent agrees to use the

information solely for the purpose of defense in the Board

proceeding and in any appeal therefrom and agrees not to otherwise

disclose the information.

C. 1. The Board shall mail by certified mail to respondent at

the last address provided by respondent to the Board, postmarked at

least ten (10) days before the hearing, the sworn complaint filed

with its Executive Director against respondent and notice of the

date and place of a hearing thereon. Alternatively, at least ten

(10) days before the hearing, the Board may serve respondent

personally by any person appointed to make service by the Executive

Director of the Board and in any manner authorized by the law of

this state for the personal service of summonses in proceedings in a

state court. Such service shall be effective upon the personal

service or mailing of the complaint and notice, and shall constitute

good service. If the Board finds that the allegations of the

complaint are supported by the evidence rendered at the hearing, the

Board is hereby authorized and empowered to, by written order,

revoke permanently or suspend for a designated period, the

Oklahoma Statutes - Title 59. Professions and Occupations

certificate, license or permit of the respondent and/or reprimand,

place on probation and/or fine the respondent.

2. A person whose certificate, license, or permit has been

revoked or suspended or who has been reprimanded or placed on

probation or fined may appeal such Board order pursuant to the

Administrative Procedures Act.

3. The Board's order shall constitute a judgment and may be

entered on the judgment docket of the district court in a county in

which the respondent has property and may be executed thereon in the

same manner as any other judgment of a court of record, unless the

fine is paid within thirty (30) days after the appeal time has run.

D. A person, other than a pharmacy technician, whose license or

permit has been suspended by the Board or by operation of law shall

pay a reinstatement fee not to exceed One Hundred Fifty Dollars

($150.00) as a condition of reinstatement of the license.

Added by Laws 1961, p. 452, § 26, emerg. eff. May 22, 1961. Amended

by Laws 1976, c. 83, § 5, emerg. eff. May 3, 1976; Laws 1981, c. 75,

§ 4, emerg. eff. April 16, 1981; Laws 1982, c. 172, § 5, emerg. eff.

April 16, 1982; Laws 1993, c. 199, § 19, emerg. eff. May 24, 1993;

Laws 2002, c. 408, § 4, emerg. eff. June 5, 2002; Laws 2004, c. 523,

§ 22, emerg. eff. June 9, 2004; Laws 2009, c. 321, § 20, eff. Nov.

1, 2009; Laws 2015, c. 230, § 17, eff. Nov. 1, 2015; Laws 2016, c.

285, § 6, eff. Nov. 1, 2016; Laws 2018, c. 106, § 7, eff. Nov. 1,

2018.