Oklahoma § 59-545.6 - Adverse actions by licensing state

§ 59-545.6. Adverse actions by licensing state

A. A participating state in which a licensee is licensed shall

have exclusive power to impose adverse action against the qualifying

license issued by that participating state.

Oklahoma Statutes - Title 59. Professions and Occupations

B. In addition to the other powers conferred by state law, a

remote state shall have the authority, in accordance with existing

state due process law, to do all of the following:

1. Take adverse action against a PA's Compact privilege within

that state to remove a licensee's Compact privilege or take other

action necessary under applicable law to protect the health and

safety of its citizens;

2. Issue subpoenas for both hearings and investigations that

require the attendance and testimony of witnesses, as well as the

production of evidence. Subpoenas issued by a licensing board in a

participating state for the attendance and testimony of witnesses or

the production of evidence from another participating state shall be

enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to

subpoenas issued in proceedings pending before it. The issuing

authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the state in which

the witnesses or evidence are located;

3. Notwithstanding paragraph 2 of this subsection, subpoenas

may not be issued by a participating state to gather evidence of

conduct in another state that is lawful in that other state for the

purpose of taking adverse action against a licensee's Compact

privilege or application for a Compact privilege in that

participating state; and

4. Nothing in the Compact authorizes a participating state to

impose discipline against a PA's Compact privilege or to deny an

application for a Compact privilege in that participating state for

the individual's otherwise lawful practice in another state.

C. For purposes of taking adverse action, the participating

state which issued the qualifying license shall give the same

priority and effect to reported conduct received from any other

participating state as it would if the conduct had occurred within

the participating state which issued the qualifying license. In so

doing, that participating state shall apply its own state laws to

determine appropriate action.

D. A participating state, if otherwise permitted by state law,

may recover from the affected PA the costs of investigations and

disposition of cases resulting from any adverse action taken against

that PA.

E. A participating state may take adverse action based on the

factual findings of a remote state, provided that the participating

state follows its own procedures for taking the adverse action.

F. Joint investigations:

1. In addition to the authority granted to a participating

state by its respective state PA laws and regulations or other

applicable state law, any participating state may participate with

other participating states in joint investigations of licensees; and

Oklahoma Statutes - Title 59. Professions and Occupations

2. Participating states shall share any investigative,

litigation, or compliance materials in furtherance of any joint or

individual investigation initiated under the Compact.

G. If an adverse action is taken against a PA's qualifying

license, the PA's Compact privilege in all remote states shall be

deactivated until two (2) years have elapsed after all restrictions

have been removed from the state license. All disciplinary orders

by the participating state which issued the qualifying license that

impose adverse action against a PA's license shall include a

statement that the PA's Compact privilege is deactivated in all

participating states during the pendency of the order.

H. If any participating state takes adverse action, it promptly

shall notify the administrator of the data system.

Added by Laws 2024, c. 22, § 6, eff. Nov. 1, 2024.