Oklahoma § 63-684.32 - Provision of volunteer health or veterinary services –

§ 63-684.32. Provision of volunteer health or veterinary services –

Administrative sanctions.

A. Subject to subsections B and C of this section, a volunteer

health practitioner shall adhere to the scope of practice for a

similarly licensed practitioner established by the licensing

provisions, practice acts, or other laws of this state.

B. Except as otherwise provided in subsection C of this

section, the Uniform Emergency Volunteer Health Practitioners Act

does not authorize a volunteer health practitioner to provide

services that are outside the scope of practice of the practitioner,

even if a similarly licensed practitioner in this state would be

permitted to provide the services.

C. The State Department of Health may modify or restrict the

health or veterinary services that volunteer health practitioners

may provide pursuant to the Uniform Emergency Volunteer Health

Oklahoma Statutes - Title 63. Public Health and Safety

Practitioners Act. An order under this subsection may take effect

immediately, without prior notice or comment, and is not a rule

within the meaning of the Administrative Procedures Act.

D. A host entity may restrict the health or veterinary services

that a volunteer health practitioner may provide pursuant to the

Uniform Emergency Volunteer Health Practitioners Act.

E. A volunteer health practitioner does not engage in

unauthorized practice unless the practitioner has reason to know of

any limitation, modification, or restriction under this section or

that a similarly licensed practitioner in this state would not be

permitted to provide the services. A volunteer health practitioner

has reason to know of a limitation, modification, or restriction or

that a similarly licensed practitioner in this state would not be

permitted to provide a service if:

1. The practitioner knows the limitation, modification, or

restriction exists or that a similarly licensed practitioner in this

state would not be permitted to provide the service; or

2. From all the facts and circumstances known to the

practitioner at the relevant time, a reasonable person would

conclude that the limitation, modification, or restriction exists or

that a similarly licensed practitioner in this state would not be

permitted to provide the service.

F. In addition to the authority granted by law of this state

other than the Uniform Emergency Volunteer Health Practitioners Act

to regulate the conduct of health practitioners, a licensing board

or other disciplinary authority in this state:

1. May impose administrative sanctions upon a health

practitioner licensed in this state for conduct outside of this

state in response to an out-of-state emergency;

2. May impose administrative sanctions upon a practitioner not

licensed in this state for conduct in this state in response to an

in-state emergency; and

3. Shall report any administrative sanctions imposed upon a

practitioner licensed in another state to the appropriate licensing

board or other disciplinary authority in any other state in which

the practitioner is known to be licensed.

G. In determining whether to impose administrative sanctions

under subsection F of this section, a licensing board or other

disciplinary authority shall consider the circumstances in which the

conduct took place, including any exigent circumstances, and the

scope of practice, education, training, experience, and specialized

skill of the practitioner.

Added by Laws 2013, 1st Ex. Sess., c. 3, § 10, emerg. eff. Sept. 10,

2013.

NOTE: Text formerly resided under repealed Title 63, § 684.21,

which was derived from Laws 2009, c. 228, § 38, which was held

unconstitutional by the Oklahoma Supreme Court in the case of

Oklahoma Statutes - Title 63. Public Health and Safety

Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789

(Okla. 2013).