{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-28","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-28","heading":"Professional review body - Requirements for protection from","body":"liability.\n\nProtection from liability pursuant to Section 6 of this act\n\nshall be available only on the condition that the professional\n\nreview action is taken or recommendation is made under the following\n\nrequirements:\n\nA. The action is taken:\n\n1. In reasonable belief that it will maintain or enhance the\n\nquality of professional standards of conduct or competence;\n\n2. After reasonable effort to obtain facts pertinent to the\n\nmatter;\n\n3. After adequate notice and opportunity to be heard are\n\nafforded the professional involved; and\n\n4. In reasonable belief that the facts warrant the action.\n\nA professional review action shall be presumed to meet these\n\nstandards unless the presumption is rebutted by a preponderance of\n\nthe evidence.\n\nB. The notice required in paragraph 3 of subsection A of this\n\nsection must:\n\n1. State that a professional review action has been proposed\n\nagainst the professional;\n\n2. Inform the professional, in detail sufficient for him to\n\nprepare a defense, of the reasons for the proposed action;\n\n3. State that the professional may request a hearing whether he\n\nhas been previously contacted about the proposed action or complaint\n\non which it is founded or not;\n\n4. Inform the professional of the time limit of not less than\n\ntwenty (20) days in which he must request a hearing or lose such\n\nright;\n\n5. Explain the hearing procedure that will be used or the\n\nchoice of procedures available for the professional's choice if a\n\nhearing is requested; and\n\n6. State that if a choice of hearing procedures is available,\n\nthe professional must choose at the time he requests the hearing.\n\nC. If the affected professional requests a hearing on a timely\n\nbasis, the professional review body must give the professional\n\nnotice no less than ten (10) days before the hearing of the place,\n\ntime and date of the hearing, of the witnesses expected to be called\n\nagainst him, and of the exhibits expected to be used against him.\n\nD. At the option of the professional review body, the hearing\n\nmay be held before:\n\n1. An arbitrator mutually acceptable to the professional and\n\nprofessional review body;\n\n2. A hearing officer appointed by the professional review body\n\nprovided the hearing officer is not in direct economic competition\n\nwith the affected professional;\n\n3. A panel of individuals appointed by the professional review\n\nbody provided the individuals are not in direct economic competition\n\nwith the affected professional; or\n\n4. The entire professional review body.\n\nE. The professional shall:\n\n1. Have the right to be represented by legal counsel at any\n\nstage of the proceedings;\n\n2. Have the right to have a record made of the hearing\n\nproceedings, copies of which may be obtained by the professional\n\nupon payment of reasonable fees set by the professional review body;\n\n3. Have the right to call, examine and cross-examine witnesses;\n\n4. Have the right to present evidence on his behalf which the\n\narbitrator, hearing officer or chairman of the hearing panel\n\ndetermines is relevant;\n\n5. Have the right to submit a written statement at the\n\nconclusion of the hearing;\n\n6. Forfeit his right to a hearing if he fails without good\n\ncause shown to attend a properly scheduled hearing for which proper\n\nnotice has been mailed by certified United States mail, return\n\nreceipt requested; and\n\n7. Receive a written statement explaining the action or\n\ndecision not to act of the professional review body.","path":["OK Code","Title 76"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os76.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"95c43b8a5b468fd70020e7309af674aada40b0ccd72a7551c82abf562b475f02","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-27","next":"us-ok/okla.-stat.-tit.-76-76-29"},"notice":"GroundRules: Original legal text. Not legal advice."}