Okla. Stat. tit. 59, § 59-1370

remediation, revocation of license - Notice of hearing - Orders -

Oklahoma Statutes - Title 59. Professions and Occupations Page 1081

Service - Restoration of license, reduction of suspension or

probation period, withdrawal of reprimand – Definitions.

A. A psychologist and any other persons under the supervision

of the psychologist shall conduct their professional activities in

conformity with ethical and professional standards promulgated by

the State Board of Examiners of Psychologists by rule.

B. The Board shall have the power and duty to suspend, place on

probation, require remediation, revoke any license to practice

psychology, impose an administrative fine not to exceed Five

Thousand Dollars ($5,000.00) per incident, or assess reasonable

costs or to take any other action specified in the rules whenever

the Board shall find by clear and convincing evidence that the

psychologist has engaged in any of the following acts or offenses:

1. Fraud in applying for or procuring a license to practice

psychology;

2. Immoral, unprofessional, or dishonorable conduct as defined

in the rules promulgated by the Board;

3. Practicing psychology in a manner as to endanger the welfare

of clients or patients;

4. Conviction of a felony crime that substantially relates to

the business practices of psychology or poses a reasonable threat to

public safety;

5. Harassment, intimidation, or abuse, sexual or otherwise, of

a client or patient;

6. Engaging in sexual intercourse or other sexual contact with

a client or patient;

7. Use of repeated untruthful, deceptive or improbable

statements concerning the licensee's qualifications or the effects

or results of proposed treatment, including practicing outside of

the psychologist's professional competence established by education,

training, and experience;

8. Gross malpractice or repeated malpractice or gross

negligence in the practice of psychology;

9. Aiding or abetting the practice of psychology by any person

not approved by the Board or not otherwise exempt from the

provisions of Section 1351 et seq. of this title;

10. Conviction of or pleading guilty or nolo contendere to

fraud in filing Medicare or Medicaid claims or in filing claims with

any third-party payor. A copy of the record of plea or conviction,

certified by the clerk of the court entering the plea or conviction,

shall be conclusive evidence of the plea or conviction;

11. Exercising undue influence in a manner to exploit the

client, patient, student, or supervisee for financial advantage

beyond the payment of professional fees or for other personal

advantage to the practitioner or a third party;

12. The suspension or revocation by another state of a license

to practice psychology. A certified copy of the record of

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suspension or revocation of the state making such a suspension or

revocation shall be conclusive evidence thereof;

13. Refusal to appear before the Board after having been

ordered to do so in writing by the executive officer or chair of the

Board;

14. Making any fraudulent or untrue statement to the Board;

15. Violation of the code of ethics adopted in the rules and

regulations of the Board; and

16. Inability to practice psychology with reasonable skill and

safety to patients or clients by reason of illness, inebriation,

misuse of drugs, narcotics, alcohol, chemicals, or any other

substance, or as a result of any mental or physical condition.

C. No license shall be suspended or revoked nor the licensee

placed on probation or reprimanded until the licensee has been given

an opportunity for a hearing before the Board pursuant to the

provisions of subsection D of this section. Whenever the Board

determines that there has been a violation of any of the provisions

of the Psychologists Licensing Act or of any order of the Board, it

shall give written notice to the alleged violator specifying the
placed on probation or reprimanded until the licensee has been given

an opportunity for a hearing before the Board pursuant to the

provisions of subsection D of this section. Whenever the Board

determines that there has been a violation of any of the provisions

of the Psychologists Licensing Act or of any order of the Board, it

shall give written notice to the alleged violator specifying the

cause of complaint. The notice shall require that the alleged

violator appear before the Board at a time and place specified in

the notice and answer the charges specified in the notice. The

notice shall be delivered to the alleged violator in accordance with

the provisions of subsection E of this section not less than ten

(10) days before the time set for the hearing.

D. On the basis of the evidence produced at the hearing, the

Board shall make findings of fact and conclusions of law and enter

an order thereon in writing or stated in the record. A final order

adverse to the alleged violator shall be in writing. An order

stated in the record shall become effective immediately, provided

the Board gives written notice of the order to the alleged violator

and to the other persons who appeared at the hearing and made

written request for notice of the order. If the hearing is held

before any person other than the Board itself, such person shall

transmit the record of the hearing together with recommendations for

findings of fact and conclusions of law to the Board, which shall

thereupon enter its order. The Board may enter its order on the

basis of such record or, before issuing its order, require

additional hearings or further evidence to be presented. The order

of the Board shall become final and binding on all parties unless

appealed to the district court as provided for in the Administrative

Procedures Act.

E. Except as otherwise expressly provided for by law, any

notice, order, or other instrument issued by or pursuant to the

authority of the Board may be served on any person affected, by

publication or by mailing a copy of the notice, order, or other

instrument by registered mail directed to the person affected at the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1083

last-known post office address of such person as shown by the files

or records of the Board. Proof of the service shall be made as in

case of service of a summons or by publication in a civil action.

Proof of mailing may be made by the affidavit of the person who

mailed the notice. Proof of service shall be filed in the office of

the Board.

F. Every certificate or affidavit of service made and filed as

provided for in this section shall be prima facie evidence of the

facts stated therein, and a certified copy thereof shall have same

force and effect as the original certificate or affidavit of

service.

G. If the psychologist fails or refuses to appear, the Board

may proceed to hearing and determine the charges in his or her

absence. If the psychologist pleads guilty, or if upon hearing the

charges, a majority of the Board finds them to be true, the Board

may enter an order suspending or revoking the license of the

psychologist, reprimanding the psychologist, or placing the

psychologist on probation or any combination of penalties authorized

by the provisions of this section.

H. The secretary of the Board shall preserve a record of all

proceedings of the hearings and shall furnish a transcript of the

hearings to the defendant upon request. The defendant shall prepay

the actual cost of preparing the transcript.

I. Upon a vote of four of its members, the Board may restore a

license which has been revoked, reduce the period of suspension or

probation, or withdraw a reprimand.

J. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or
e transcript.

I. Upon a vote of four of its members, the Board may restore a

license which has been revoked, reduce the period of suspension or

probation, or withdraw a reprimand.

J. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

K. The Board may keep confidential its investigative files.

L. The forfeiture, nonrenewal, surrender or voluntary

relinquishment of a license by a licensee shall not bar jurisdiction

by the Board to proceed with any investigation, action or proceeding

to revoke, suspend, condition or limit the licensee's license or

fine the licensee.