Okla. Stat. tit. 63, § 63-1-1458
This is the official text of Okla. Stat. tit. 63, § 63-1-1458, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Violations - Application
Official statutory text
A. Upon receipt of a complaint by a licensing board relating to
a violation of the Oklahoma Medical Micropigmentation Regulation Act
or any rules promulgated thereto, the licensing board shall cause an
investigation to be made. If during the investigation, the
licensing board determines that the alleged violation of the
Oklahoma Medical Micropigmentation Regulation Act or any rules
promulgated thereto may have been committed by any person other than
a physician or any other person subject to the licensing board’s
regulatory authority, the licensing board shall immediately notify
the Oklahoma State Department of Health.
B. 1. Upon receipt of a complaint by the Department or upon
receipt of notice pursuant to subsection A of this section relating
to an alleged violation of the Oklahoma Medical Micropigmentation
Regulation Act or rules promulgated thereto which involve the
practice of micropigmentation in the office of a physician, the
Department shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 628
a. notify the appropriate licensing board of the
complaint and request a joint inspection, or
b. refer the complaint to the appropriate licensing board
for investigation.
2. The licensing boards shall give priority to investigations
of complaints for which the Department has requested a joint
inspection.
C. 1. If a person other than a physician, after proper notice
and hearing as provided in the Administrative Procedures Act, is
found to have violated one or more provisions of the Oklahoma
Medical Micropigmentation Regulation Act, the State Department of
Health may impose one or more of the following penalties:
a. suspend or revoke a certificate,
b. seek injunctive relief,
c. reprimand the certificate holder,
d. place a certificate holder on probation for a
specified period of time,
e. deny renewal of a certificate,
f. require a special quality review of the certificate
holder, subject to such procedures as the Department
by rule deems appropriate,
g. require the person or entity to pay all costs incurred
as a result of hearings conducted regarding actions of
the subject of the hearing including, but not limited
to, investigation costs, hearing officer costs,
renting of special facilities costs, and court
reporter costs, or
h. in addition to any criminal penalty imposed pursuant
to the Oklahoma Medical Micropigmentation Regulation
Act, assess an administrative penalty not to exceed
Ten Thousand Dollars ($10,000.00).
2. Any physician alleged to have violated the Oklahoma Medical
Micropigmentation Regulation Act or rules promulgated by the
licensing board thereto shall be subject to penalties established
pursuant to law by the licensing board which has authority to
regulate the physician.
B. In addition to the penalties provided for in subsection A of
this section, the Department may request the district attorney to
bring an action in the district court for the prosecution of any
person for a violation of any provision of the Oklahoma Medical
Micropigmentation Regulation Act, or order issued or rules
promulgated pursuant thereto.
C. Upon application in writing and upon good cause, the
Department may reinstate a certificate which has been revoked or
suspended or may modify the certificate when reinstated. A person
whose certificate has been revoked or suspended may not reapply for
Oklahoma Statutes - Title 63. Public Health and Safety Page 629
reinstatement during the time period set by the Department which
shall not exceed five (5) years.
D. 1. Administrative penalties assessed by the Department
under the provisions of the Oklahoma Medical Micropigmentation
Regulation Act shall be imposed and enforced pursuant to the
Administrative Procedures Act and may be enforced in district court
as authorized by the Administrative Procedures Act.
2. All monies, excluding costs, collected from administrative
all not exceed five (5) years.
D. 1. Administrative penalties assessed by the Department
under the provisions of the Oklahoma Medical Micropigmentation
Regulation Act shall be imposed and enforced pursuant to the
Administrative Procedures Act and may be enforced in district court
as authorized by the Administrative Procedures Act.
2. All monies, excluding costs, collected from administrative
penalties authorized in this section, shall be deposited pursuant to
Section 1-1701.1B of Title 63 of the Oklahoma Statutes.
E. Any person convicted of violating the provisions of the
Oklahoma Medical Micropigmentation Regulation Act or orders issued
or rules promulgated pursuant thereto shall be guilty of a
misdemeanor punishable by imprisonment in the county jail not to
exceed ninety (90) days, a fine of not more than One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment. Each
day upon which such violation occurs shall constitute a separate
violation.
F. The provisions of this section shall apply to:
1. Any person certified to perform medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation Act
and who is alleged to be in violation of the Oklahoma Medical
Micropigmentation Regulation Act or rule or order issued pursuant
thereto; and
2. Any person who does not hold a certificate or is not
authorized to practice medical micropigmentation pursuant to the
Oklahoma Medical Micropigmentation Regulation Act and is practicing
or holding himself or herself as authorized to practice medical
micropigmentation.
a violation of the Oklahoma Medical Micropigmentation Regulation Act
or any rules promulgated thereto, the licensing board shall cause an
investigation to be made. If during the investigation, the
licensing board determines that the alleged violation of the
Oklahoma Medical Micropigmentation Regulation Act or any rules
promulgated thereto may have been committed by any person other than
a physician or any other person subject to the licensing board’s
regulatory authority, the licensing board shall immediately notify
the Oklahoma State Department of Health.
B. 1. Upon receipt of a complaint by the Department or upon
receipt of notice pursuant to subsection A of this section relating
to an alleged violation of the Oklahoma Medical Micropigmentation
Regulation Act or rules promulgated thereto which involve the
practice of micropigmentation in the office of a physician, the
Department shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 628
a. notify the appropriate licensing board of the
complaint and request a joint inspection, or
b. refer the complaint to the appropriate licensing board
for investigation.
2. The licensing boards shall give priority to investigations
of complaints for which the Department has requested a joint
inspection.
C. 1. If a person other than a physician, after proper notice
and hearing as provided in the Administrative Procedures Act, is
found to have violated one or more provisions of the Oklahoma
Medical Micropigmentation Regulation Act, the State Department of
Health may impose one or more of the following penalties:
a. suspend or revoke a certificate,
b. seek injunctive relief,
c. reprimand the certificate holder,
d. place a certificate holder on probation for a
specified period of time,
e. deny renewal of a certificate,
f. require a special quality review of the certificate
holder, subject to such procedures as the Department
by rule deems appropriate,
g. require the person or entity to pay all costs incurred
as a result of hearings conducted regarding actions of
the subject of the hearing including, but not limited
to, investigation costs, hearing officer costs,
renting of special facilities costs, and court
reporter costs, or
h. in addition to any criminal penalty imposed pursuant
to the Oklahoma Medical Micropigmentation Regulation
Act, assess an administrative penalty not to exceed
Ten Thousand Dollars ($10,000.00).
2. Any physician alleged to have violated the Oklahoma Medical
Micropigmentation Regulation Act or rules promulgated by the
licensing board thereto shall be subject to penalties established
pursuant to law by the licensing board which has authority to
regulate the physician.
B. In addition to the penalties provided for in subsection A of
this section, the Department may request the district attorney to
bring an action in the district court for the prosecution of any
person for a violation of any provision of the Oklahoma Medical
Micropigmentation Regulation Act, or order issued or rules
promulgated pursuant thereto.
C. Upon application in writing and upon good cause, the
Department may reinstate a certificate which has been revoked or
suspended or may modify the certificate when reinstated. A person
whose certificate has been revoked or suspended may not reapply for
Oklahoma Statutes - Title 63. Public Health and Safety Page 629
reinstatement during the time period set by the Department which
shall not exceed five (5) years.
D. 1. Administrative penalties assessed by the Department
under the provisions of the Oklahoma Medical Micropigmentation
Regulation Act shall be imposed and enforced pursuant to the
Administrative Procedures Act and may be enforced in district court
as authorized by the Administrative Procedures Act.
2. All monies, excluding costs, collected from administrative
all not exceed five (5) years.
D. 1. Administrative penalties assessed by the Department
under the provisions of the Oklahoma Medical Micropigmentation
Regulation Act shall be imposed and enforced pursuant to the
Administrative Procedures Act and may be enforced in district court
as authorized by the Administrative Procedures Act.
2. All monies, excluding costs, collected from administrative
penalties authorized in this section, shall be deposited pursuant to
Section 1-1701.1B of Title 63 of the Oklahoma Statutes.
E. Any person convicted of violating the provisions of the
Oklahoma Medical Micropigmentation Regulation Act or orders issued
or rules promulgated pursuant thereto shall be guilty of a
misdemeanor punishable by imprisonment in the county jail not to
exceed ninety (90) days, a fine of not more than One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment. Each
day upon which such violation occurs shall constitute a separate
violation.
F. The provisions of this section shall apply to:
1. Any person certified to perform medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation Act
and who is alleged to be in violation of the Oklahoma Medical
Micropigmentation Regulation Act or rule or order issued pursuant
thereto; and
2. Any person who does not hold a certificate or is not
authorized to practice medical micropigmentation pursuant to the
Oklahoma Medical Micropigmentation Regulation Act and is practicing
or holding himself or herself as authorized to practice medical
micropigmentation.
Status: in_force · Read it on the official government site
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