§59-637. Disciplinary actions — Penalties.
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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
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
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
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;
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
(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
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 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. Added by Laws 1921, c. 30, p. 46, § 17. Amended by Laws 1955, p. 329, § 2, emerg. eff. May 7, 1955; Laws 1978, c. 136, § 2; Laws 1980, c. 208, § 2, emerg. eff. May 30, 1980; Laws 1983, c. 152, §
16, emerg. eff. May 26, 1983; Laws 1986, c. 50, § 2, operative July 1, 1986; Laws 1989, c. 233, § 2, operative July 1, 1989; Laws 1993, c. 230, § 17, eff. July 1, 1993; Laws 2001, c. 16, § 6, eff. Nov. 1, 2001; Laws 2019, c. 428, § 12, emerg. eff. May 21, 2019; Laws 2020, c. 161, § 42, emerg. eff. May 21, 2020; Laws 2021, c. 205, § 2, eff. Nov. 1, 2021; Laws 2023, c. 150, § 5, emerg. eff. May 1, 2023; Laws 2025, c. 168, § 14, emerg. eff. May 12, 2025. NOTE: Laws 2019, c. 363, § 31 repealed by Laws 2020, c. 161, § 43, emerg. eff. May 21, 2020.