Okla. Stat. tit. 59, § 59-545.6
This is the official text of Okla. Stat. tit. 59, § 59-545.6, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Adverse actions by licensing state
Official statutory text
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 Page 535
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 Page 536
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.
have exclusive power to impose adverse action against the qualifying
license issued by that participating state.
Oklahoma Statutes - Title 59. Professions and Occupations Page 535
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 Page 536
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.
Status: in_force · Read it on the official government site
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