Oklahoma § 59-495 - Issuance of licenses

§ 59-495. Issuance of licenses

When an applicant shall have shown that he or she is qualified

as herein required, a license, in form approved by the State Board

of Medical Licensure and Supervision and attested by the seal of the

Board, shall be issued to the applicant by the Board, authorizing

the applicant to practice medicine and surgery within the meaning of

the Oklahoma Allopathic Medical and Surgical Licensure and

Supervision Act.

Added by Laws 1923, c. 59, p. 106, § 15. Amended by Laws 1994, c.

323, § 19, eff. July 1, 1994; Laws 1995, c. 211, § 4, eff. Nov. 1,

1995; Laws 1998, c. 324, § 8, emerg. eff. May 28, 1998.

§59-495a.

Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.

§59-495a.1. License reregistration.

A. At regular intervals set by the State Board of Medical

Licensure and Supervision, no less than one time per annum, each

licensee licensed by the Oklahoma Allopathic Medical and Surgical

Licensure and Supervision Act shall demonstrate to the Board the

licensee's continuing qualification to practice medicine and

surgery. The licensee shall apply for license reregistration on a

form or forms provided by the Board, which shall be designed to

require the licensee to update or add to the information in the

Board's file relating to the licensee and his or her professional

activity. It shall also require the licensee to report to the Board

the following information:

1. Any action taken against the licensee for acts or conduct

similar to acts or conduct described in the Oklahoma Allopathic

Medical and Surgical Licensure and Supervision Act as grounds for

disciplinary action by:

a.

any jurisdiction or authority (United States or

foreign) that licenses or authorizes the practice of

medicine and surgery,

b.

any peer review body,

c.

any health care institution,

d.

any professional medical society or association,

e.

any law enforcement agency,

f.

any court, or

g.

any governmental agency;

2. Any adverse judgment, settlement, or award against the

licensee arising from a professional liability claim;

3. The licensee's voluntary surrender of or voluntary

limitation on any license or authorization to practice medicine and

surgery in any jurisdiction, including military, public health and

foreign;

Oklahoma Statutes - Title 59. Professions and Occupations

4. Any denial to the licensee of a license or authorization to

practice medicine and surgery by any jurisdiction, including

military, public health or foreign;

5. The licensee's voluntary resignation from the medical staff

of any health care institution or voluntary limitation of the

licensee's staff privileges at such an institution if that action

occurred while the licensee was under formal or informal

investigation by the institution or a committee thereof for any

reason related to alleged medical incompetence, unprofessional

conduct, or mental or physical impairment;

6. The licensee's voluntary resignation or withdrawal from a

national, state, or county medical society, association, or

organization if that action occurred while the licensee was under

formal or informal investigation or review by that body for any

reason related to possible medical incompetence, unprofessional or

unethical conduct, or mental or physical impairment;

7. Whether the licensee has abused or has been addicted to or

treated for addiction to alcohol or any chemical substance during

the previous registration period, unless such person is in a

rehabilitation program approved by the Board;

8. Whether the licensee has had any physical injury or disease

or mental illness during the previous registration period that

affected or interrupted his or her practice of medicine and surgery;

and

9. The licensee's completion of continuing medical education or

other forms of professional maintenance or evaluation, including

specialty board certification or recertification, during the

previous registration period.

B. The Board may require continuing medical education for

license reregistration and require documentation of that education.

The Board shall promulgate rules on the specific requirements of the

amount of continuing medical education needed for reregistration.

Failure to meet the requirements in the allotted time may result in

the licensee being required to pay a nondisciplinary fine by the

Board secretary of up to but not more than One Thousand Dollars

($1,000.00).

C. The Board shall require that the licensee receive not less

than one (1) hour of education in pain management or one (1) hour of

education in opioid use or addiction each year preceding an

application for renewal of a license, unless the licensee has

demonstrated to the satisfaction of the Board that the licensee does

not currently hold a valid federal Drug Enforcement Administration

registration number.

D. The licensee shall sign and attest to the veracity of the

application form for license reregistration. Failure to report

fully and correctly shall be grounds for disciplinary action by the

Board.

Oklahoma Statutes - Title 59. Professions and Occupations

E. The Board shall establish a system for reviewing

reregistration forms. The Board may initiate investigations and

disciplinary proceedings based on information submitted by licensees

for license reregistration.

F. Upon a finding by the Board that the licensee is fit to

continue to practice medicine and surgery in this state, the Board

shall issue to the licensee a license to practice medicine and

surgery during the next registration period.

Added by Laws 1994, c. 323, § 20, eff. July 1, 1994. Amended by

Laws 2018, c. 175, § 1, eff. Nov. 1, 2018; Laws 2019, c. 492, § 3,

eff. Nov. 1, 2019.

§59-495b. Practice without renewal license prohibited - Punishment

- Revocation or suspension of license.

Any person practicing medicine and surgery in Oklahoma as

defined by law without having the legal possession of a current

renewal license shall be guilty of a misdemeanor and upon conviction

be punished by a fine of not less than One Thousand Dollars

($1,000.00), and such practice shall constitute grounds for the

revocation or suspension of his or her license to practice medicine

and surgery in this state.

Added by Laws 1941, p. 243, § 2, emerg. eff. May 15, 1941. Amended

by Laws 1987, c. 118, § 16, operative July 1, 1987; Laws 1994, c.

323, § 21, eff. July 1, 1994.

§59-495c. Reregistration fees - Depository funds - Disposition.

A. Each application for reregistration, as set forth in Section

20 of this act, shall be accompanied by a reregistration fee in an

amount fixed by the Board.

B. All reregistration fees paid to the secretary of the Board

under the provisions of this act shall be deposited with the State

Treasurer, who shall place the same in the regular depository fund

of the Board. Said fund, less the ten percent (10%) gross fees paid

into the General Fund of the state under the provisions of Sections

211 through 214 of Title 62 of the Oklahoma Statutes, shall be

expended in the manner and for the purposes now provided by law.

Added by Laws 1941, p. 243, § 3, emerg. eff. May 15, 1941. Amended

by Laws 1970, c. 145, § 2, emerg. eff. April 7, 1970; Laws 1987, c.

118, § 17, operative July 1, 1987; Laws 1994, c. 323, § 22, eff.

July 1, 1994.

§59-495d. Suspension in absence of reregistration - Reinstatement.

If a licensee fails to apply for reregistration within sixty

(60) days from the end of the previous registration period, as

provided in this act, his original license to practice medicine and

surgery in this state shall be suspended and the Board shall report

to the office of the district attorney of the county of practice any

Oklahoma Statutes - Title 59. Professions and Occupations

physician who failed to reregister if the physician's practice is

still in Oklahoma. Said original license shall, upon due

application by said person therefor, be reinstated by the Board or

its agent designated for that purpose if and when the applicant

furnishes satisfactory proof that:

(a) The licensee had not practiced medicine or surgery in any

other state or territory of the United States in violation of the

laws thereof during said period;

(b) The licensee's license to practice medicine or surgery had

not been revoked in any other such state or territory during said

period;

(c) The licensee has not been convicted of a felony or the

violation of the narcotic laws of the United States during said

period; and

(d) The licensee has met the same standards for licensure as is

required at the time for initial licensure and the latest

reregistration period.

A fee set by the Board shall accompany the application for

reinstatement. The Board may in its discretion require the

applicant to take and pass an examination prescribed by it to assess

the applicant's clinical competency unless the applicant can show

that fifty percent (50%) of his monthly activities during the time

the applicant's Oklahoma license has been inactive include the

practice of medicine.

Added by Laws 1951, p. 165, § 1, emerg. eff. Feb. 26, 1951. Amended

by Laws 1987, c. 118, § 18, operative July 1, 1987; Laws 1994, c.

323, § 23, eff. July 1, 1994.

§59-495e. Appeal from rejection of reregistration.

Any licensee whose reregistration application is rejected by the

Board, shall have the right to appeal from such action to the

district court of the county of residence. If the licensee does not

reside or practice in Oklahoma, appeal shall be to the Oklahoma

County District Court.

Added by Laws 1951, p. 165, § 2, emerg. eff. Feb. 26, 1951. Amended

by Laws 1994, c. 323, § 24, eff. July 1, 1994.

§59-495f.

Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.

§59-495g.

Repealed by Laws 1994, c. 323, § 38, eff. July 1, 1994.

§59-495h. Reinstatement of license or certificate - Satisfactory

evidence of professional competence.

The State Board of Medical Licensure and Supervision may require

satisfactory evidence of professional competence and good moral

character from applicants requesting reinstatement of any license or

Oklahoma Statutes - Title 59. Professions and Occupations

certificate issued by the Board. The Board may set criteria for

measurement of professional competence by rule.

Added by Laws 1995, c. 211, § 5, eff. Nov. 1, 1995. Amended by Laws

2004, c. 523, § 6, emerg. eff. June 9, 2004.

§59-495i. Physician Preceptor Tax Credit Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the State Board of Medical Licensure and Supervision to be

designated the “Physician Preceptor Tax Credit Revolving Fund”. The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of the monies received by the Board

from a portion of licensure fees received from allopathic physicians

under subsection I of Section 1 of this act. All monies accruing to

the credit of the fund are hereby appropriated and the fund shall be

used to make a transfer payment to the Oklahoma Tax Commission in an

amount equal to the amount of tax credits awarded pursuant to this

act. The Oklahoma Tax Commission shall apportion monies transferred

from the fund in the same manner as provided by Section 2352 of

Title 68 of the Oklahoma Statutes. Monies in the fund which are not

required for payment of administrative expenses to the Health Care

Workforce Training Commission, which shall not exceed five percent

(5%) of monies apportioned to the fund, or which are not required to

be transferred to the Oklahoma Tax Commission as otherwise required

by this act to offset the revenue impacted by the use of the income

tax credits awarded pursuant to Section 1 of this act may be used to

implement programs required or authorized by law.

Added by Laws 2024, c. 316, § 2, emerg. eff. May 16, 2024.