A. The State Board of Osteopathic Examiners may refuse to admit a person to an examination or may refuse to issue or reinstate or may suspend or revoke any license issued or reinstated by the Board upon proof that the applicant or holder of such a license:
1. Has obtained a license, license renewal or authorization to sit for an examination, as the case may be, through fraud, deception, misrepresentation or bribery; or has been granted a license, license renewal or authorization to sit for an examination based upon a material mistake of fact;
2. Has engaged in the use or employment of dishonesty, fraud, misrepresentation, false promise, false pretense, unethical conduct or unprofessional conduct, as may be determined by the Board, in the performance of the functions or duties of an osteopathic physician, including but not limited to the following:
3. Has engaged in gross negligence, gross malpractice or gross incompetence;
4. Has engaged in repeated acts of negligence, malpractice or incompetence;
5. Has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere in a criminal prosecution, for any offense reasonably related to the qualifications, functions or duties of an osteopathic physician, whether or not sentence is imposed, and regardless of the pendency of an appeal;
6. Has had the authority to engage in the activities regulated by the Board revoked, suspended, restricted, modified or limited, or has been reprimanded, warned or censured, probated or otherwise disciplined by any other state or federal agency whether or not voluntarily agreed to by the physician including, but not limited to, the denial of licensure, surrender of the license, permit or authority, allowing the license, permit or authority to expire or lapse, or discontinuing or limiting the practice of osteopathic medicine pending disposition of a complaint or completion of an investigation;
7. Has violated or failed to comply with provisions of any act or regulation administered by the Board;
8. Is incapable, for medical or psychiatric or any other good cause, of discharging the functions of an osteopathic physician in a manner consistent with the public's health, safety and welfare;
9. Has been guilty of advertising by means of knowingly false or deceptive statements;
10. Has been guilty of advertising, practicing, or attempting to practice under a name other than one's own;
11. Has violated or refused to comply with a lawful order of the Board;
12. Has been guilty of habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs;
13. Has been guilty of personal offensive behavior, which would include, but not be limited to, obscenity, lewdness, and molestation;
14. Has performed an abortion as defined by Section 1-730 of Title 63 of the Oklahoma Statutes, except for an abortion necessary to prevent the death of the mother or to prevent substantial or irreversible physical impairment of the mother that substantially increases the risk of death. The performance of an abortion on the basis of the mental or emotional health of the mother shall be a violation of this paragraph, notwithstanding a claim or diagnosis that the woman may engage in conduct which she intends to result in her death. The Board shall impose a penalty as provided in this section and in Section 637.1 of this title on a licensee who violates this paragraph. The penalty shall include, but not be limited to, suspension of the license for a period of not less than one (1) year; or
15. Has been adjudicated to be insane, or incompetent, or admitted to an institution for the treatment of psychiatric disorders.
B. The State Board of Osteopathic Examiners shall neither refuse to renew, nor suspend, nor revoke any license, however, for any of these causes, unless the person accused has been given at least twenty (20) days' notice in writing of the charge against him or her and a public hearing by the Board; provided, three-fourths (3/4) of a quorum present at a meeting may vote to suspend a license in an emergency situation if the licensee affected is provided a public hearing within thirty (30) days of the emergency suspension.
C. The State Board of Osteopathic Examiners shall have the power to order or subpoena the attendance of witnesses, the inspection of records and premises and the production of relevant books and papers for the investigation of matters that may come before them. The presiding officer of the Board shall have the authority to compel the giving of testimony as is conferred on courts of justice.
D. Any osteopathic physician in the State of Oklahoma whose license to practice osteopathic medicine is revoked or suspended under this section shall have the right to seek judicial review of a ruling of the Board pursuant to the Administrative Procedures Act.
E. The Board may enact rules and regulations pursuant to the Administrative Procedures Act setting out additional acts of unprofessional conduct, which acts shall be grounds for refusal to issue or reinstate, or for action to condition, suspend or revoke a license.
Added by Laws 1921, c. 30, p. 46, § 17. Amended by Laws 1955, p. 329, § 2, emerg. eff. May 7, 1955; Laws 1978, c. 136, § 2; Laws 1980, c. 208, § 2, emerg. eff. May 30, 1980; Laws 1983, c. 152, § 16, emerg. eff. May 26, 1983; Laws 1986, c. 50, § 2, operative July 1, 1986; Laws 1989, c. 233, § 2, operative July 1, 1989; Laws 1993, c. 230, § 17, eff. July 1, 1993; Laws 2001, c. 16, § 6, eff. Nov. 1, 2001; Laws 2019, c. 428, § 12, emerg. eff. May 21, 2019; Laws 2020, c. 161, § 42, emerg. eff. May 21, 2020; Laws 2021, c. 205, § 2, eff. Nov. 1, 2021.
NOTE: Laws 2019, c. 363, § 31 repealed by Laws 2020, c. 161, § 43, emerg. eff. May 21, 2020.