Oklahoma § 59-509.1

§ 59-509.1.

Disciplinary actions.

Oklahoma Statutes - Title 59. Professions and Occupations

A. RANGE OF ACTIONS: The State Board of Medical Licensure and

Supervision may impose disciplinary actions in accordance with the

severity of violation of the Oklahoma Allopathic Medical and

Surgical Licensure and Supervision Act. Disciplinary actions may

include, but are not limited to the following:

1. Revocation of the medical license with or without the right

to reapply;

2. Suspension of the medical license;

3. Probation;

4. Stipulations, limitations, restrictions, and conditions

relating to practice;

5. Censure, including specific redress, if appropriate;

6. Reprimand;

7. A period of free public or charity service;

8. Satisfactory completion of an educational, training, and/or

treatment program or programs; and

9. Administrative fines of up to Five Thousand Dollars

($5,000.00) per violation.

Provided, as a condition of disciplinary action sanctions, the Board

may impose as a condition of any disciplinary action, the payment of

costs expended by the Board for any legal fees and costs and

probation and monitoring fees including, but not limited to, staff

time, salary and travel expense, witness fees and attorney fees.

The Board may take such actions singly or in combination as the

nature of the violation requires.

B. LETTER OF CONCERN: The Board may authorize the secretary to

issue a confidential and privileged letter of concern to a licensee

when evidence does not warrant formal proceedings, but the secretary

has noted indications of possible errant conduct that could lead to

serious consequences and formal action. The letter of concern may

contain, at the secretary’s discretion, clarifying information from

the licensee.

C. EXAMINATION/EVALUATION: The Board may, upon reasonable

cause, require professional competency, physical, mental, or

chemical dependency examinations of any licensee, including

withdrawal and laboratory examination of body fluids.

D. DISCIPLINARY ACTION AGAINST LICENSEES:

1. The Board shall promulgate rules describing acts of

unprofessional or unethical conduct by physicians pursuant to the

Oklahoma Allopathic Medical and Surgical Licensure and Supervision

Act; and

2. Grounds for Action: The Board may take disciplinary action

for unprofessional or unethical conduct as deemed appropriate based

upon the merits of each case and as set out by rule. The Board

shall not revoke the license of a person otherwise qualified to

practice allopathic medicine within the meaning of the Oklahoma

Allopathic Medical and Surgical Licensure and Supervision Act solely

Oklahoma Statutes - Title 59. Professions and Occupations

because the person’s practice or a therapy is experimental or

nontraditional.

Reports of all disciplinary action provided for in this section

will be available to the public upon request. Investigative files

shall remain confidential and privileged. The Board, its employees,

or other agents of the Board shall keep confidential and privileged

all information that initiated, was obtained during, or is related

to an investigation into possible violations of any and all acts

governing any and all professional licensees under the legislative

jurisdiction of the State Board of Medical Licensure and

Supervision. However, such information may be offered by the state

in administrative proceedings before the Board and if admitted the

information then becomes a public record. Unless admitted into

administrative proceedings, the 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.

E. SURRENDER IN LIEU OF PROSECUTION:

1. The Board may accept a surrender of license from a licensee

who has engaged in unprofessional conduct in lieu of Board staff

prosecuting a pending disciplinary action or filing formal

disciplinary proceedings only as provided in this section. To

effect such a surrender, the licensee must submit a sworn statement

to the Board:

a.

expressing the licensee’s desire to surrender the

license,

b.

acknowledging that the surrender is freely and

voluntarily made, that the licensee has not been

subjected to coercion or duress, and that the licensee

is fully aware of the consequences of the license

surrender,

c.

stating that the licensee is the subject of an

investigation or proceeding by the Board or a law

enforcement or other regulatory agency involving

allegations which, if proven, would constitute grounds

for disciplinary action by the Board, and

d.

specifically admitting to and describing the

misconduct.

2. The sworn written statement must be submitted with the

licensee’s wallet card and wall certificate. The Secretary or

Executive Director of the Board may accept the sworn statement,

wallet card and wall certificate from a licensee pending formal

acceptance by the Board. The issuance of a complaint and citation

Oklahoma Statutes - Title 59. Professions and Occupations

by the Board shall not be necessary for the Board to accept a

surrender under this subsection. A surrender under this subsection

shall be considered disciplinary action by the Board in all cases,

even in cases where surrender occurs prior to the issuance of a

formal complaint and citation, and shall be reported as disciplinary

action by the Board to the public and any other entity to whom the

Board regularly reports disciplinary actions.

3. As a condition to acceptance of the surrender, the Board may

require the licensee to pay the costs expended by the Board for any

legal fees and costs and any investigation, probation and monitoring

fees including, but not limited to, staff time, salary and travel

expense, witness fees and attorney fees.

4. The licensee whose surrender in lieu of prosecution is

accepted by the Board shall be ineligible to reapply for

reinstatement of his or her license for at least one (1) year from

the date of the accepted surrender.

F. ALL LICENSED PROFESSIONALS: All disciplinary actions

defined in this section are applicable to any and all professional

licensees under the legislative jurisdiction of the State Board of

Medical Licensure and Supervision.

Added by Laws 1994, c. 323, § 33, eff. July 1, 1994. Amended by

Laws 1999, c. 23, § 2, eff. Nov. 1, 1999; Laws 2002, c. 213, § 4,

emerg. eff. May 8, 2002; Laws 2004, c. 523, § 10, emerg. eff. June

9, 2004; Laws 2009, c. 261, § 8, eff. July 1, 2009; Laws 2019, c.

492, § 9, eff. Nov. 1, 2019; Laws 2024, c. 227, § 3, eff. Nov. 1,

2024.