Okla. Stat. tit. 59, § 59-637

A. The State Board of Osteopathic Examiners may institute

disciplinary action, enforce sanctions, or refuse to admit a person

to an examination or may refuse to issue or reinstate or may suspend

Oklahoma Statutes - Title 59. Professions and Occupations Page 630

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:

a. obtaining or attempting to obtain any fee, charge,

tuition or other compensation by fraud, deception or

misrepresentation; willfully and continually

overcharging or overtreating patients; or charging for

visits to the physician’s office which did not occur

or for services which were not rendered,

b. using intimidation, coercion or deception to obtain or

retain a patient or discourage the use of a second

opinion or consultation,

c. willfully performing inappropriate or unnecessary

treatment, diagnostic tests or osteopathic medical or

surgical services,

d. delegating professional responsibilities to a person

who is not qualified by training, skill, competency,

age, experience or licensure to perform them, noting

that delegation may only occur within an appropriate

physician-patient relationship, wherein a proper

patient record is maintained including, but not

limited to, at the minimum, a current history and

physical,

e. misrepresenting that any disease, ailment, or

infirmity can be cured by a method, procedure,

treatment, medicine or device,

f. acting in a manner which results in final disciplinary

action by any professional society or association or

hospital or medical staff of such hospital in this or

any other state, whether agreed to voluntarily or not,

if the action was in any way related to professional

conduct, professional competence, malpractice or any

other violation of the Oklahoma Osteopathic Medicine

Act,

g. signing a blank prescription form; or dispensing,

prescribing, administering or otherwise distributing

any drug, controlled substance or other treatment

without sufficient examination or the establishment of

Oklahoma Statutes - Title 59. Professions and Occupations Page 631

a physician-patient relationship, or for other than

medically accepted therapeutic or experimental or

investigational purpose duly authorized by a state or

federal agency, or not in good faith to relieve pain

and suffering, or not to treat an ailment, physical

infirmity or disease, or violating any state or

federal law on controlled dangerous substances

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,

h. engaging in any sexual activity within a physician-

patient relationship,

i. terminating the care of a patient without adequate

notice or without making other arrangements for the

continued care of the patient,

j. failing to furnish a copy of a patient’s medical

records upon a proper request from the patient or

legal agent of the patient or another physician; or

failing to comply with any other law relating to

medical records,

k. failing to comply with any subpoena issued by the

Board,

l. violating a probation agreement with or order from

this Board or any other agency, and

m. failing to keep complete and accurate records of
f a patient’s medical

records upon a proper request from the patient or

legal agent of the patient or another physician; or

failing to comply with any other law relating to

medical records,

k. failing to comply with any subpoena issued by the

Board,

l. violating a probation agreement with or order from

this Board or any other agency, and

m. failing to keep complete and accurate records of

purchase and disposal of controlled drugs or narcotic

drugs;

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 a 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;

Oklahoma Statutes - Title 59. Professions and Occupations Page 632

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 not less than one
e 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 not less than one

(1) year;

15. Has been adjudicated to be insane, or incompetent, or

admitted to an institution for the treatment of psychiatric

disorders;

16. Has knowingly provided gender transition procedures as

defined in Section 2607.1 of Title 63 of the Oklahoma Statutes to a

child;

17. Has violated any of the provisions of the Oklahoma Pharmacy

Act, which shall be punishable by appropriate actions established in

rules promulgated by the Board; or

18. Has breached the American Osteopathic Association Code of

Ethics or the Osteopathic Oath.

B. The Board may enter an order denying licensure or imposing

any of the penalties as prescribed by rule against any applicant for

licensure or licensee who is found guilty of violating any provision

of subsection A of this section. In determining what action is

appropriate, the Board shall first consider what sanctions are

necessary to protect the public or to compensate the patient. Only

Oklahoma Statutes - Title 59. Professions and Occupations Page 633

after those sanctions have been imposed may the Board consider and

include in the order requirements designed to rehabilitate the

physician. All costs associated with compliance with orders issued

under this subsection shall be the obligation of the physician.

C. In any administrative action against a physician that does

not involve revocation or suspension of a license, the Board shall

have the burden, by the greater weight of the evidence, to establish

the existence of grounds for disciplinary action. The Board shall

establish grounds for revocation or suspension of a license by clear

and convincing evidence.

D. The Board shall not reinstate the license or certificate of

an osteopathic physician, or cause a license or certificate to be

issued to a person it has deemed unqualified, until such time as it

is satisfied that he or she has complied with all the terms and

conditions set forth in the final order and that such person is

capable of safely engaging in the practice of osteopathic medicine.

However, the Board shall not issue a license to, or reinstate the

license of, any osteopathic physician found by the Board to have

committed repeated medical malpractice, regardless of the extent to

which the licensee or prospective licensee has complied with all

terms and conditions set forth in the final order or is capable of

safely engaging in the practice of osteopathic medicine.

E. 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.

F. 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 it. The presiding officer of the Board or his or her

designee shall have the authority to compel the giving of testimony

as is conferred on courts of justice.

G. Any osteopathic physician in this state 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
estigation of matters that may come

before it. The presiding officer of the Board or his or her

designee shall have the authority to compel the giving of testimony

as is conferred on courts of justice.

G. Any osteopathic physician in this state 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.

H. The Board may enact rules necessary or appropriate to the

performance, enforcement, or carrying out of any of the purposes,

objectives, or provisions of this section.