{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-567.8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-567.8","heading":"Denial, revocation or suspension of license or","body":"certification - Administrative penalties.\n\nA. The Oklahoma Board of Nursing shall have the power to take\n\nany or all of the following actions:\n\n1. To deny, revoke or suspend any:\n\na. licensure to practice as a Licensed Practical Nurse,\n\nsingle-state or multistate,\n\nb. licensure to practice as a Registered Nurse, single-\n\nstate or multistate,\n\nc. multistate privilege to practice in Oklahoma,\n\nd. licensure to practice as an Advanced Practice\n\nRegistered Nurse,\n\ne. certification to practice as an Advanced Unlicensed\n\nAssistant,\n\nf. authorization for prescriptive authority, or\n\ng. authority to order, select, obtain and administer\n\ndrugs;\n\n2. To assess administrative penalties; and\n\n3. To otherwise discipline applicants, licensees or Advanced\n\nUnlicensed Assistants.\n\nB. The Board shall impose a disciplinary action against the\n\nperson pursuant to the provisions of subsection A of this section\n\nupon proof that the person:\n\n1. Is guilty of deceit or material misrepresentation in\n\nprocuring or attempting to procure:\n\na. a license to practice registered nursing, licensed\n\npractical nursing, or a license to practice advanced\n\npractice registered nursing with or without either\n\nprescriptive authority recognition or authorization to\n\norder, select, obtain and administer drugs, or\n\nb. certification as an Advanced Unlicensed Assistant;\n\n2. Is guilty of a felony, or any offense substantially related\n\nto the qualifications, functions or duties of any licensee or\n\nAdvanced Unlicensed Assistant, or any offense an essential element\n\nof which is fraud, dishonesty, or an act of violence, whether or not\n\nsentence is imposed, or any conduct resulting in the revocation of a\n\ndeferred or suspended sentence or probation imposed pursuant to such\n\nconviction. For the purposes of this paragraph, “substantially\n\nrelated” means the nature of criminal conduct for which the person\n\nwas convicted has a direct bearing on the fitness or ability to\n\nperform one or more of the duties or responsibilities necessarily\n\nrelated to the occupation;\n\n3. Fails to adequately care for patients or to conform to the\n\nminimum standards of acceptable nursing or Advanced Unlicensed\n\nAssistant practice that, in the opinion of the Board, unnecessarily\n\nexposes a patient or other person to risk of harm;\n\n4. Is intemperate in the use of alcohol or drugs, which use the\n\nBoard determines endangers or could endanger patients;\n\n5. Exhibits through a pattern of practice or other behavior\n\nactual or potential inability to practice nursing with sufficient\n\nknowledge or reasonable skills and safety due to impairment caused\n\nby illness, use of alcohol, drugs, chemicals or any other substance,\n\nor as a result of any mental or physical condition, including\n\ndeterioration through the aging process or loss of motor skills,\n\nmental illness, or disability that results in inability to practice\n\nwith reasonable judgment, skill or safety; provided, however, the\n\nprovisions of this paragraph shall not be utilized in a manner that\n\nconflicts with the provisions of the Americans with Disabilities\n\nAct;\n\n6. Has been adjudicated as mentally incompetent, mentally ill,\n\nchemically dependent or dangerous to the public or has been\n\ncommitted by a court of competent jurisdiction, within or without\n\nthis state;\n\n7. Is guilty of unprofessional conduct as defined in the rules\n\nof the Board;\n\n8. Is guilty of any act that jeopardizes a patient’s life,\n\nhealth or safety as defined in the rules of the Board;\n\n9. Violated a rule promulgated by the Board, an order of the\n\nBoard, or a state or federal law relating to the practice of\n\nregistered, practical or advanced practice registered nursing or\n\nadvanced unlicensed assisting, or a state or federal narcotics or\n\ncontrolled dangerous substance law including, but not limited to\n\nprescribing, dispensing or administering opioid drugs in excess of\nhe Board;\n\n9. Violated a rule promulgated by the Board, an order of the\n\nBoard, or a state or federal law relating to the practice of\n\nregistered, practical or advanced practice registered nursing or\n\nadvanced unlicensed assisting, or a state or federal narcotics or\n\ncontrolled dangerous substance law including, but not limited to\n\nprescribing, dispensing or administering opioid drugs in excess of\n\nthe maximum limits authorized in Section 2-309I of Title 63 of the\n\nOklahoma Statutes;\n\n10. Has had disciplinary actions taken against the individual’s\n\nregistered or practical nursing license, advanced unlicensed\n\nassistive certification, or any professional or occupational\n\nlicense, registration or certification in this or any state,\n\nterritory or country;\n\n11. Has defaulted or been terminated from the peer assistance\n\nprogram for any reason;\n\n12. Fails to maintain professional boundaries with patients, as\n\ndefined in the Board rules;\n\n13. Engages in sexual misconduct, as defined in Board rules,\n\nwith a current or former patient or key party, inside or outside the\n\nhealth care setting; or\n\n14. Has knowingly provided gender transition procedures as\n\ndefined in Section 1 of this act to a child.\n\nC. Any person who supplies the Board information in good faith\n\nshall not be liable in any way for damages with respect to giving\n\nsuch information.\n\nD. The Board may cause to be investigated all reported\n\nviolations of the Oklahoma Nursing Practice Act. Information\n\nobtained during an investigation into possible violations of the\n\nOklahoma Nursing Practice Act shall be kept confidential, but may be\n\nintroduced by the state in administrative proceedings before the\n\nBoard, whereupon the information admitted becomes a public record.\n\nPublic records maintained by the agency are administrative records,\n\nnot public civil or criminal records.\n\nConfidential investigative records shall not be subject to\n\ndiscovery or subpoena in any civil or criminal proceeding, except\n\nthat the Board may give such information to law enforcement and\n\nother state agencies as necessary and appropriate in the discharge\n\nof the duties of that agency and only under circumstances that\n\nensure against unauthorized access to the information.\n\nE. The Board may authorize the Executive Director to issue a\n\nconfidential letter of concern to a licensee when evidence does not\n\nwarrant formal proceedings, but the Executive Director has noted\n\nindications of possible errant conduct that could lead to serious\n\nconsequences and formal action.\n\nF. All individual proceedings before the Board shall be\n\nconducted in accordance with the Administrative Procedures Act.\n\nG. At a hearing the accused shall have the right to appear\n\neither personally or by counsel, or both, to produce witnesses and\n\nevidence on behalf of the accused, to cross-examine witnesses and to\n\nhave subpoenas issued by the designated Board staff. If the accused\n\nis found guilty of the charges the Board may refuse to issue a\n\nrenewal of license to the applicant, revoke or suspend a license, or\n\notherwise discipline a licensee.\n\nH. A person whose license is revoked may not apply for\n\nreinstatement during the time period set by the Board. The Board on\n\nits own motion may at any time reconsider its action.\n\nI. Any person whose license is revoked or who applies for\n\nrenewal of registration and who is rejected by the Board shall have\n\nthe right to appeal from such action pursuant to the Administrative\n\nProcedures Act.\n\nJ. 1. Any person who has been determined by the Board to have\n\nviolated any provisions of the Oklahoma Nursing Practice Act or any\n\nrule or order issued pursuant thereto shall be liable for an\n\nadministrative penalty not to exceed Five Hundred Dollars ($500.00)\n\nfor each count for which any holder of a certificate or license has\n\nbeen determined to be in violation of the Oklahoma Nursing Practice\nJ. 1. Any person who has been determined by the Board to have\n\nviolated any provisions of the Oklahoma Nursing Practice Act or any\n\nrule or order issued pursuant thereto shall be liable for an\n\nadministrative penalty not to exceed Five Hundred Dollars ($500.00)\n\nfor each count for which any holder of a certificate or license has\n\nbeen determined to be in violation of the Oklahoma Nursing Practice\n\nAct or any rule promulgated or order issued pursuant thereto.\n\n2. The amount of the penalty shall be assessed by the Board\n\npursuant to the provisions of this section, after notice and an\n\nopportunity for hearing is given to the accused. In determining the\n\namount of the penalty, the Board shall include, but not be limited\n\nto, consideration of the nature, circumstances, and gravity of the\n\nviolation and, with respect to the person found to have committed\n\nthe violation, the degree of culpability, the effect on ability of\n\nthe person to continue to practice, and any show of good faith in\n\nattempting to achieve compliance with the provisions of the Oklahoma\n\nNursing Practice Act.\n\nK. The Board shall retain jurisdiction over any person issued a\n\nlicense, certificate or temporary license pursuant to the Oklahoma\n\nNursing Practice Act, regardless of whether the license, certificate\n\nor temporary license has expired, lapsed or been relinquished during\n\nor after the alleged occurrence or conduct prescribed by the\n\nOklahoma Nursing Practice Act.\n\nL. In the event disciplinary action is imposed, any person so\n\ndisciplined shall be responsible for any and all costs associated\n\nwith satisfaction of the discipline imposed.\n\nM. In the event disciplinary action is imposed in an\n\nadministrative proceeding, the Board shall have the authority to\n\nrecover the monies expended by the Board in pursuing any\n\ndisciplinary action, including but not limited to costs of\n\ninvestigation, probation or monitoring fees, administrative costs,\n\nwitness fees, attorney fees and court costs. This authority shall\n\nbe in addition to the Board’s authority to impose discipline as set\n\nout in subsection A of this section.\n\nN. The Executive Director shall immediately suspend the license\n\nof any person upon proof that the person has been sentenced to a\n\nperiod of continuous incarceration serving a penal sentence for\n\ncommission of a misdemeanor or felony. The suspension shall remain\n\nin effect until the Board acts upon the licensee’s written\n\napplication for reinstatement of the license.\n\nO. When a majority of the officers of the Board, which\n\nconstitutes the President, Vice President and Secretary/Treasurer,\n\nfind that preservation of the public health, safety or welfare\n\nrequires immediate action, summary suspension of licensure or\n\ncertification may be ordered before the filing of a sworn complaint\n\nor at any other time before the outcome of an individual proceeding.\n\nThe summary suspension of licensure or certification may be ordered\n\nwithout compliance with the requirements of the Oklahoma Open\n\nMeeting Act. Within seven (7) days after the summary suspension,\n\nthe licensee shall be notified by letter that summary suspension has\n\noccurred. The summary suspension letter shall include notice of the\n\ndate of the proposed hearing to be held in accordance with Section\n\n485:10-11-2 of the Oklahoma Administrative Code and the\n\nAdministrative Procedures Act, within ninety (90) days of the date\n\nof the summary suspension letter, and shall be signed by one of the\n\nBoard officers.\n\nP. In any proceeding in which the Board is required to serve an\n\norder on an individual, the Board may send such material to the\n\nindividual’s address of record with the Board. If the order is\n\nreturned with a notation by the United States Postal Service\n\nindicating that it is undeliverable for any reason, and the records\nmmary suspension letter, and shall be signed by one of the\n\nBoard officers.\n\nP. In any proceeding in which the Board is required to serve an\n\norder on an individual, the Board may send such material to the\n\nindividual’s address of record with the Board. If the order is\n\nreturned with a notation by the United States Postal Service\n\nindicating that it is undeliverable for any reason, and the records\n\nof the Board indicate that the Board has not received any change of\n\naddress since the order was sent, as required by the rules of the\n\nBoard, the order and any subsequent material relating to the same\n\nmatter sent to the most recent address on file with the Board shall\n\nbe deemed by the court as having been legally served for all\n\npurposes.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9eaa96ada65145d1f004ff3f44d01b5da54e50ad7b5b75100cc8f7e5d91ef8c1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-567.7","next":"us-ok/okla.-stat.-tit.-59-59-567.8a"},"notice":"GroundRules: Original legal text. Not legal advice."}