Oklahoma § 59-503 - Sanctions for unprofessional conduct

§ 59-503. Sanctions for unprofessional conduct

The State Board of Medical Licensure and Supervision may

suspend, revoke or order any other appropriate sanctions against the

license of any physician or surgeon holding a license to practice in

this state for unprofessional conduct, but no such suspension,

revocation or other penalty shall be made until the licensee is

cited to appear for hearing. No such citation shall be issued

except upon sworn complaint filed with the secretary of the Board

charging the licensee with having been guilty of unprofessional

conduct and setting forth the particular act or acts alleged to

constitute unprofessional conduct. In the event it comes to the

attention of the Board that a violation of the rules of professional

conduct may have occurred, even though a formal complaint or charge

may not have been filed, the Board staff may conduct an

investigation of the possible violation, and may upon its own motion

institute a formal complaint. In the course of the investigation

persons appearing before the Board may be required to testify under

oath. Upon the filing of a complaint, either by an individual or

the Board staff as provided herein, the citation must forthwith be

issued by the secretary of the Board over the signature of the

secretary and seal of the Board, setting forth the complaint of

unprofessional conduct, and giving due notice of the time and place

of the hearing by the Board. In any case in which a physician

disputes allegations made in a complaint, the matter shall be set

and heard by the Board at the next regular meeting of the Board

occurring at least thirty (30) days after the day of service of the

citation, exclusive of the day of service, but will be heard not

later than the next regular meeting of the Board occurring ninety

(90) days after service of the citation, exclusive of the day of

Oklahoma Statutes - Title 59. Professions and Occupations

service. No continuance may be granted by the Board on its own

motion or at the request of the defendant or his or her counsel or

at the request of the attorney for the state, unless the record of

the case, either orally or in writing, sets forth a finding that the

ends of justice served by the granting of such continuance outweigh

the best interest of the public and the defendant in a speedy

hearing. The defendant shall file a written answer under oath with

the secretary of the Board within twenty (20) days after the service

of the citation, exclusive of the day of service. The secretary of

the Board may extend the time of answer upon satisfactory showing

that the defendant is for reasonable cause unable to answer within

the twenty (20) days exclusive of the day of service, but in no case

shall the time be extended beyond the date of the next regular

meeting of the Board, unless a continuance is granted by the Board.

Added by Laws 1923, c. 59, p. 108, § 23, emerg. eff. March 31, 1923.

Amended by Laws 1955, p. 328, § 1, emerg. eff. March 17, 1955; Laws

1987, c. 118, § 23, operative July 1, 1987; Laws 1994, c. 323, § 26,

eff. July 1, 1994; Laws 1995, c. 211, § 6, eff. Nov. 1, 1995; Laws

2014, c. 176, § 1, eff. Nov. 1, 2014; Laws 2019, c. 492, § 4, eff.

Nov. 1, 2019.