{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-637","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-637","heading":"Disciplinary actions — Penalties","body":"A. The State Board of Osteopathic Examiners may institute\n\ndisciplinary action, enforce sanctions, or refuse to admit a person\n\nto an examination or may refuse to issue or reinstate or may suspend\n\nor revoke any license issued or reinstated by the Board upon proof\n\nthat the applicant or holder of such a license:\n\n1. Has obtained a license, license renewal or authorization to\n\nsit for an examination, as the case may be, through fraud,\n\ndeception, misrepresentation or bribery; or has been granted a\n\nlicense, license renewal or authorization to sit for an examination\n\nbased upon a material mistake of fact;\n\n2. Has engaged in the use or employment of dishonesty, fraud,\n\nmisrepresentation, false promise, false pretense, unethical conduct\n\nor unprofessional conduct, as may be determined by the Board, in the\n\nperformance of the functions or duties of an osteopathic physician\n\nincluding, but not limited to, the following:\n\na. obtaining or attempting to obtain any fee, charge,\n\ntuition or other compensation by fraud, deception or\n\nmisrepresentation; willfully and continually\n\novercharging or overtreating patients; or charging for\n\nvisits to the physician’s office which did not occur\n\nor for services which were not rendered,\n\nb. using intimidation, coercion or deception to obtain or\n\nretain a patient or discourage the use of a second\n\nopinion or consultation,\n\nc. willfully performing inappropriate or unnecessary\n\ntreatment, diagnostic tests or osteopathic medical or\n\nsurgical services,\n\nd. delegating professional responsibilities to a person\n\nwho is not qualified by training, skill, competency,\n\nage, experience or licensure to perform them, noting\n\nthat delegation may only occur within an appropriate\n\nphysician-patient relationship, wherein a proper\n\npatient record is maintained including, but not\n\nlimited to, at the minimum, a current history and\n\nphysical,\n\ne. misrepresenting that any disease, ailment, or\n\ninfirmity can be cured by a method, procedure,\n\ntreatment, medicine or device,\n\nf. acting in a manner which results in final disciplinary\n\naction by any professional society or association or\n\nhospital or medical staff of such hospital in this or\n\nany other state, whether agreed to voluntarily or not,\n\nif the action was in any way related to professional\n\nconduct, professional competence, malpractice or any\n\nother violation of the Oklahoma Osteopathic Medicine\n\nAct,\n\ng. signing a blank prescription form; or dispensing,\n\nprescribing, administering or otherwise distributing\n\nany drug, controlled substance or other treatment\n\nwithout sufficient examination or the establishment of\n\na physician-patient relationship, or for other than\n\nmedically accepted therapeutic or experimental or\n\ninvestigational purpose duly authorized by a state or\n\nfederal agency, or not in good faith to relieve pain\n\nand suffering, or not to treat an ailment, physical\n\ninfirmity or disease, or violating any state or\n\nfederal law on controlled dangerous substances\n\nincluding, but not limited to, prescribing, dispensing\n\nor administering opioid drugs in excess of the maximum\n\nlimits authorized in Section 2-309I of Title 63 of the\n\nOklahoma Statutes,\n\nh. engaging in any sexual activity within a physician-\n\npatient relationship,\n\ni. terminating the care of a patient without adequate\n\nnotice or without making other arrangements for the\n\ncontinued care of the patient,\n\nj. failing to furnish a copy of a patient’s medical\n\nrecords upon a proper request from the patient or\n\nlegal agent of the patient or another physician; or\n\nfailing to comply with any other law relating to\n\nmedical records,\n\nk. failing to comply with any subpoena issued by the\n\nBoard,\n\nl. violating a probation agreement with or order from\n\nthis Board or any other agency, and\n\nm. failing to keep complete and accurate records of\nf a patient’s medical\n\nrecords upon a proper request from the patient or\n\nlegal agent of the patient or another physician; or\n\nfailing to comply with any other law relating to\n\nmedical records,\n\nk. failing to comply with any subpoena issued by the\n\nBoard,\n\nl. violating a probation agreement with or order from\n\nthis Board or any other agency, and\n\nm. failing to keep complete and accurate records of\n\npurchase and disposal of controlled drugs or narcotic\n\ndrugs;\n\n3. Has engaged in gross negligence, gross malpractice or gross\n\nincompetence;\n\n4. Has engaged in repeated acts of negligence, malpractice or\n\nincompetence;\n\n5. Has been finally adjudicated and found guilty, or entered a\n\nplea of guilty or nolo contendere in a criminal prosecution, for any\n\noffense reasonably related to the qualifications, functions or\n\nduties of an osteopathic physician, whether or not a sentence is\n\nimposed, and regardless of the pendency of an appeal;\n\n6. Has had the authority to engage in the activities regulated\n\nby the Board revoked, suspended, restricted, modified or limited, or\n\nhas been reprimanded, warned or censured, probated or otherwise\n\ndisciplined by any other state or federal agency whether or not\n\nvoluntarily agreed to by the physician including, but not limited\n\nto, the denial of licensure, surrender of the license, permit or\n\nauthority, allowing the license, permit or authority to expire or\n\nlapse, or discontinuing or limiting the practice of osteopathic\n\nmedicine pending disposition of a complaint or completion of an\n\ninvestigation;\n\n7. Has violated or failed to comply with provisions of any act\n\nor regulation administered by the Board;\n\n8. Is incapable, for medical or psychiatric or any other good\n\ncause, of discharging the functions of an osteopathic physician in a\n\nmanner consistent with the public’s health, safety and welfare;\n\n9. Has been guilty of advertising by means of knowingly false\n\nor deceptive statements;\n\n10. Has been guilty of advertising, practicing, or attempting\n\nto practice under a name other than one’s own;\n\n11. Has violated or refused to comply with a lawful order of\n\nthe Board;\n\n12. Has been guilty of habitual drunkenness, or habitual\n\naddiction to the use of morphine, cocaine or other habit-forming\n\ndrugs;\n\n13. Has been guilty of personal offensive behavior, which would\n\ninclude, but not be limited to, obscenity, lewdness, and\n\nmolestation;\n\n14. Has performed an abortion as defined by Section 1-730 of\n\nTitle 63 of the Oklahoma Statutes, except for an abortion necessary\n\nto prevent the death of the mother or to prevent substantial or\n\nirreversible physical impairment of the mother that substantially\n\nincreases the risk of death. The performance of an abortion on the\n\nbasis of the mental or emotional health of the mother shall be a\n\nviolation of this paragraph, notwithstanding a claim or diagnosis\n\nthat the woman may engage in conduct which she intends to result in\n\nher death. The Board shall impose a penalty as provided in this\n\nsection and in Section 637.1 of this title on a licensee who\n\nviolates this paragraph. The penalty shall include, but not be\n\nlimited to, suspension of the license for a period not less than one\ne a\n\nviolation of this paragraph, notwithstanding a claim or diagnosis\n\nthat the woman may engage in conduct which she intends to result in\n\nher death. The Board shall impose a penalty as provided in this\n\nsection and in Section 637.1 of this title on a licensee who\n\nviolates this paragraph. The penalty shall include, but not be\n\nlimited to, suspension of the license for a period not less than one\n\n(1) year;\n\n15. Has been adjudicated to be insane, or incompetent, or\n\nadmitted to an institution for the treatment of psychiatric\n\ndisorders;\n\n16. Has knowingly provided gender transition procedures as\n\ndefined in Section 2607.1 of Title 63 of the Oklahoma Statutes to a\n\nchild;\n\n17. Has violated any of the provisions of the Oklahoma Pharmacy\n\nAct, which shall be punishable by appropriate actions established in\n\nrules promulgated by the Board; or\n\n18. Has breached the American Osteopathic Association Code of\n\nEthics or the Osteopathic Oath.\n\nB. The Board may enter an order denying licensure or imposing\n\nany of the penalties as prescribed by rule against any applicant for\n\nlicensure or licensee who is found guilty of violating any provision\n\nof subsection A of this section. In determining what action is\n\nappropriate, the Board shall first consider what sanctions are\n\nnecessary to protect the public or to compensate the patient. Only\n\nafter those sanctions have been imposed may the Board consider and\n\ninclude in the order requirements designed to rehabilitate the\n\nphysician. All costs associated with compliance with orders issued\n\nunder this subsection shall be the obligation of the physician.\n\nC. In any administrative action against a physician that does\n\nnot involve revocation or suspension of a license, the Board shall\n\nhave the burden, by the greater weight of the evidence, to establish\n\nthe existence of grounds for disciplinary action. The Board shall\n\nestablish grounds for revocation or suspension of a license by clear\n\nand convincing evidence.\n\nD. The Board shall not reinstate the license or certificate of\n\nan osteopathic physician, or cause a license or certificate to be\n\nissued to a person it has deemed unqualified, until such time as it\n\nis satisfied that he or she has complied with all the terms and\n\nconditions set forth in the final order and that such person is\n\ncapable of safely engaging in the practice of osteopathic medicine.\n\nHowever, the Board shall not issue a license to, or reinstate the\n\nlicense of, any osteopathic physician found by the Board to have\n\ncommitted repeated medical malpractice, regardless of the extent to\n\nwhich the licensee or prospective licensee has complied with all\n\nterms and conditions set forth in the final order or is capable of\n\nsafely engaging in the practice of osteopathic medicine.\n\nE. The State Board of Osteopathic Examiners shall neither\n\nrefuse to renew, nor suspend, nor revoke any license, however, for\n\nany of these causes, unless the person accused has been given at\n\nleast twenty (20) days’ notice in writing of the charge against him\n\nor her and a public hearing by the Board; provided, three-fourths\n\n(3/4) of a quorum present at a meeting may vote to suspend a license\n\nin an emergency situation if the licensee affected is provided a\n\npublic hearing within thirty (30) days of the emergency suspension.\n\nF. The State Board of Osteopathic Examiners shall have the\n\npower to order or subpoena the attendance of witnesses, the\n\ninspection of records and premises and the production of relevant\n\nbooks and papers for the investigation of matters that may come\n\nbefore it. The presiding officer of the Board or his or her\n\ndesignee shall have the authority to compel the giving of testimony\n\nas is conferred on courts of justice.\n\nG. Any osteopathic physician in this state whose license to\n\npractice osteopathic medicine is revoked or suspended under this\n\nsection shall have the right to seek judicial review of a ruling of\nestigation of matters that may come\n\nbefore it. The presiding officer of the Board or his or her\n\ndesignee shall have the authority to compel the giving of testimony\n\nas is conferred on courts of justice.\n\nG. Any osteopathic physician in this state whose license to\n\npractice osteopathic medicine is revoked or suspended under this\n\nsection shall have the right to seek judicial review of a ruling of\n\nthe Board pursuant to the Administrative Procedures Act.\n\nH. The Board may enact rules necessary or appropriate to the\n\nperformance, enforcement, or carrying out of any of the purposes,\n\nobjectives, or provisions of this section.","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":"db57c9607393833ceae456770987a9436cd9f9cb82afbd4d85d453ca86f211df","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-636","next":"us-ok/okla.-stat.-tit.-59-59-637.1"},"notice":"GroundRules: Original legal text. Not legal advice."}