Oklahoma § 59-567.8 - Denial, revocation or suspension of license or

§ 59-567.8. Denial, revocation or suspension of license or

certification - Administrative penalties.

A. The Oklahoma Board of Nursing shall have the power to take

any or all of the following actions:

1. To deny, revoke or suspend any:

a.

licensure to practice as a Licensed Practical Nurse,

single-state or multistate,

b.

licensure to practice as a Registered Nurse, singlestate or multistate,

c.

multistate privilege to practice in Oklahoma,

d.

licensure to practice as an Advanced Practice

Registered Nurse,

e.

certification to practice as an Advanced Unlicensed

Assistant,

f.

authorization for prescriptive authority, or

g.

authority to order, select, obtain and administer

drugs;

2. To assess administrative penalties; and

3. To otherwise discipline applicants, licensees or Advanced

Unlicensed Assistants.

B. The Board shall impose a disciplinary action against the

person pursuant to the provisions of subsection A of this section

upon proof that the person:

1. Is guilty of deceit or material misrepresentation in

procuring or attempting to procure:

a.

a license to practice registered nursing, licensed

practical nursing, or a license to practice advanced

practice registered nursing with or without either

prescriptive authority recognition or authorization to

order, select, obtain and administer drugs, or

b.

certification as an Advanced Unlicensed Assistant;

2. Is guilty of a felony, or any offense substantially related

to the qualifications, functions or duties of any licensee or

Advanced Unlicensed Assistant, or any offense an essential element

of which is fraud, dishonesty, or an act of violence, whether or not

sentence is imposed, or any conduct resulting in the revocation of a

deferred or suspended sentence or probation imposed pursuant to such

conviction. For the purposes of this paragraph, “substantially

related” means the nature of criminal conduct for which the person

was convicted has a direct bearing on the fitness or ability to

Oklahoma Statutes - Title 59. Professions and Occupations

perform one or more of the duties or responsibilities necessarily

related to the occupation;

3. Fails to adequately care for patients or to conform to the

minimum standards of acceptable nursing or Advanced Unlicensed

Assistant practice that, in the opinion of the Board, unnecessarily

exposes a patient or other person to risk of harm;

4. Is intemperate in the use of alcohol or drugs, which use the

Board determines endangers or could endanger patients;

5. Exhibits through a pattern of practice or other behavior

actual or potential inability to practice nursing with sufficient

knowledge or reasonable skills and safety due to impairment caused

by illness, use of alcohol, drugs, chemicals or any other substance,

or as a result of any mental or physical condition, including

deterioration through the aging process or loss of motor skills,

mental illness, or disability that results in inability to practice

with reasonable judgment, skill or safety; provided, however, the

provisions of this paragraph shall not be utilized in a manner that

conflicts with the provisions of the Americans with Disabilities

Act;

6. Has been adjudicated as mentally incompetent, mentally ill,

chemically dependent or dangerous to the public or has been

committed by a court of competent jurisdiction, within or without

this state;

7. Is guilty of unprofessional conduct as defined in the rules

of the Board;

8. Is guilty of any act that jeopardizes a patient’s life,

health or safety as defined in the rules of the Board;

9. Violated a rule promulgated by the Board, an order of the

Board, or a state or federal law relating to the practice of

registered, practical or advanced practice registered nursing or

advanced unlicensed assisting, or a state or federal narcotics or

controlled dangerous substance law including, but not limited to

prescribing, dispensing or administering opioid drugs in excess of

the maximum limits authorized in Section 2-309I of Title 63 of the

Oklahoma Statutes;

10. Has had disciplinary actions taken against the individual’s

registered or practical nursing license, advanced unlicensed

assistive certification, or any professional or occupational

license, registration or certification in this or any state,

territory or country;

11. Has defaulted or been terminated from the peer assistance

program for any reason;

12. Fails to maintain professional boundaries with patients, as

defined in the Board rules;

13. Engages in sexual misconduct, as defined in Board rules,

with a current or former patient or key party, inside or outside the

health care setting; or

Oklahoma Statutes - Title 59. Professions and Occupations

14. Has knowingly provided gender transition procedures as

defined in Section 1 of this act to a child.

C. Any person who supplies the Board information in good faith

shall not be liable in any way for damages with respect to giving

such information.

D. The Board may cause to be investigated all reported

violations of the Oklahoma Nursing Practice Act. Information

obtained during an investigation into possible violations of the

Oklahoma Nursing Practice Act shall be kept confidential, but may be

introduced by the state in administrative proceedings before the

Board, whereupon the information admitted becomes a public record.

Public records maintained by the agency are administrative records,

not public civil or criminal records.

Confidential investigative records shall not be subject to

discovery or subpoena in any civil or criminal proceeding, 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. The Board may authorize the Executive Director to issue a

confidential letter of concern to a licensee when evidence does not

warrant formal proceedings, but the Executive Director has noted

indications of possible errant conduct that could lead to serious

consequences and formal action.

F. All individual proceedings before the Board shall be

conducted in accordance with the Administrative Procedures Act.

G. At a hearing the accused shall have the right to appear

either personally or by counsel, or both, to produce witnesses and

evidence on behalf of the accused, to cross-examine witnesses and to

have subpoenas issued by the designated Board staff. If the accused

is found guilty of the charges the Board may refuse to issue a

renewal of license to the applicant, revoke or suspend a license, or

otherwise discipline a licensee.

H. A person whose license is revoked may not apply for

reinstatement during the time period set by the Board. The Board on

its own motion may at any time reconsider its action.

I. Any person whose license is revoked or who applies for

renewal of registration and who is rejected by the Board shall have

the right to appeal from such action pursuant to the Administrative

Procedures Act.

J. 1. Any person who has been determined by the Board to have

violated any provisions of the Oklahoma Nursing Practice Act or any

rule or order issued pursuant thereto shall be liable for an

administrative penalty not to exceed Five Hundred Dollars ($500.00)

for each count for which any holder of a certificate or license has

been determined to be in violation of the Oklahoma Nursing Practice

Act or any rule promulgated or order issued pursuant thereto.

Oklahoma Statutes - Title 59. Professions and Occupations

2. The amount of the penalty shall be assessed by the Board

pursuant to the provisions of this section, after notice and an

opportunity for hearing is given to the accused. In determining the

amount of the penalty, the Board shall include, but not be limited

to, consideration of the nature, circumstances, and gravity of the

violation and, with respect to the person found to have committed

the violation, the degree of culpability, the effect on ability of

the person to continue to practice, and any show of good faith in

attempting to achieve compliance with the provisions of the Oklahoma

Nursing Practice Act.

K. The Board shall retain jurisdiction over any person issued a

license, certificate or temporary license pursuant to the Oklahoma

Nursing Practice Act, regardless of whether the license, certificate

or temporary license has expired, lapsed or been relinquished during

or after the alleged occurrence or conduct prescribed by the

Oklahoma Nursing Practice Act.

L. In the event disciplinary action is imposed, any person so

disciplined shall be responsible for any and all costs associated

with satisfaction of the discipline imposed.

M. In the event disciplinary action is imposed in an

administrative proceeding, the Board shall have the authority to

recover the monies expended by the Board in pursuing any

disciplinary action, including but not limited to costs of

investigation, probation or monitoring fees, administrative costs,

witness fees, attorney fees and court costs. This authority shall

be in addition to the Board’s authority to impose discipline as set

out in subsection A of this section.

N. The Executive Director shall immediately suspend the license

of any person upon proof that the person has been sentenced to a

period of continuous incarceration serving a penal sentence for

commission of a misdemeanor or felony. The suspension shall remain

in effect until the Board acts upon the licensee’s written

application for reinstatement of the license.

O. When a majority of the officers of the Board, which

constitutes the President, Vice President and Secretary/Treasurer,

find that preservation of the public health, safety or welfare

requires immediate action, summary suspension of licensure or

certification may be ordered before the filing of a sworn complaint

or at any other time before the outcome of an individual proceeding.

The summary suspension of licensure or certification may be ordered

without compliance with the requirements of the Oklahoma Open

Meeting Act. Within seven (7) days after the summary suspension,

the licensee shall be notified by letter that summary suspension has

occurred. The summary suspension letter shall include notice of the

date of the proposed hearing to be held in accordance with Section

485:10-11-2 of the Oklahoma Administrative Code and the

Administrative Procedures Act, within ninety (90) days of the date

Oklahoma Statutes - Title 59. Professions and Occupations

of the summary suspension letter, and shall be signed by one of the

Board officers.

P. In any proceeding in which the Board is required to serve an

order on an individual, the Board may send such material to the

individual’s address of record with the Board. If the order is

returned with a notation by the United States Postal Service

indicating that it is undeliverable for any reason, and the records

of the Board indicate that the Board has not received any change of

address since the order was sent, as required by the rules of the

Board, the order and any subsequent material relating to the same

matter sent to the most recent address on file with the Board shall

be deemed by the court as having been legally served for all

purposes.

Added by Laws 1953, p. 268, § 8, emerg. eff. April 13, 1953.

Amended by Laws 1981, c. 314, § 6, eff. July 1, 1981; Laws 1991, c.

104, § 7, eff. Sept. 1, 1991; Laws 1994, c. 97, § 4, eff. July 1,

1994; Laws 1996, c. 186, § 7, eff. Nov. 1, 1996; Laws 1996, c. 288,

§ 3, eff. Nov. 1, 1996; Laws 2000, c. 187, § 1, eff. Nov. 1, 2000;

Laws 2001, c. 254, § 7, eff. Nov. 1, 2001; Laws 2003, c. 190, § 5,

eff. Nov. 1, 2003; Laws 2011, c. 101, § 7, eff. Nov. 1, 2011; Laws

2013, c. 228, § 3, eff. Nov. 1, 2013; Laws 2016, c. 190, § 2, eff.

Nov. 1, 2016; Laws 2017, c. 281, § 3, eff. Nov. 1, 2017; Laws 2018,

c. 72, § 1, eff. Nov. 1, 2018; Laws 2019, c. 203, § 2, eff. Nov. 1,

2019; Laws 2019, c. 363, § 28, eff. Nov. 1, 2019; Laws 2020, c. 161,

§ 38, emerg. eff. May 21, 2020; Laws 2023, c. 150, § 4, emerg. eff.

May 1, 2023.

NOTE: Laws 1996, c. 136, § 2 repealed by Laws 1996, c. 288, § 9,

eff. Nov. 1, 1996. Laws 2019, c. 428, § 9 repealed by Laws 2020, c.

161, § 39, emerg. eff. May 21, 2020.

§59-567.8a. Corrective actions for violations.

A. The Oklahoma Board of Nursing may impose a corrective action

as set forth in the Board rules on a person licensed or regulated

under this act who violates the act or a rule. The corrective

action may include remedial education, an administrative penalty, or

any combination of remedial education and an administrative penalty.

The corrective action shall not be considered as disciplinary

action. However, the Board may consider a corrective action in an

individual's subsequent violation of the Oklahoma Nursing Practice

Act, Board rule or corrective action order.

B. The Board shall promulgate rules to implement the provisions

of this section.

Added by Laws 2015, c. 113, § 2, eff. Nov. 1, 2015.