Oklahoma Administrative Code

The rules of this Chapter have been adopted to establish procedures for examinations and licensure as a registered electrologist and the regulation of practice. Notes Okla. Admin. Code § 435:40-1-1 AUTHORITY: OK-OAC 59 O.S., § 536.4

Investigatory hearings may be conducted by the Advisory Committee to ascertain facts, make conclusions and recommendations to the Board. (1) All notices or other papers requiring service in an individual proceeding shall be served in the manner set forth in 435:1-1-4(c). (2) The …

All fees regarding electrologist licensure, renewal must be approved by the Board. Notes Okla. Admin. Code § 435:40-1-11 AUTHORITY: OK-OAC 59 O.S., § 536.4

(a) The purpose of this section is to set out the rules governing inspection and investigation of an electrologist licensee. (b) The Board or its designee shall have the authority to inspect a licensee's office(s) where electrolysis services are performed or to investigate a lice…

The rules of this Chapter may be amended in accordance with the rules and procedures established by the Board in Chapter 1 of this Title. Notes Okla. Admin. Code § 435:40-1-13 AUTHORITY: OK-OAC 59 O.S., § 536.4

The following words and terms, when used in this Chapter shall have the following meanings, unless the context clearly indicates otherwise: "Act" means the Registered Electrologist Act, 59 O.S. 1985, Section 536 et. seq. "Association"or "OSEA" means the Oklahoma State Electrologi…

(a) Purpose. The rules in this section shall set out the organization and administration and other general procedures governing the operation of the advisory committee. (b) Meetings. (1) The advisory committee shall hold a meeting at such designated date and time as may be determ…

The rules on the profession of electrologists shall be to establish standards of practice and code of ethics for electrologists. (1) A licensee shall not misrepresent any professional qualifications or credentials. (2) A licensee shall not make any false or misleading claims abou…

(a) Purpose. These standards have been developed for electrology students, licensed practicing electrologists, and approved electrology instructors in Oklahoma. These standards emphasize the need to consider all patient/clients as potentially infectious, minimize the risk of expo…

The purpose of this section is to set out the academic requirements for examination and licensure as a registered electrologist. (1) The Board shall accept as meeting licensure requirements orcourse work received from American colleges or universities that held accreditation, at …

(a) Preceptorship. (1) Applicants for licensure as registered electrologists shall successfully complete a minimum of six months curriculum of study and internship established by the Board. (2) The preceptorship shall include successful completion of a minimum of 600 hours of stu…

(a) The purpose of this section is to set out the application procedures for examination and licensure as a registered electrologist. (1) Unless otherwise indicated, the applicant shall submit all required information of credentials on forms provided by the office of the Board. (…

(a) Purpose. This section on licensure examination sets out the Board's rules governing the administration, content, grading, and other procedures for examination for licensure as a registered electrologist. (b) Frequency. The Board shall set the dates the examination is to be ad…

(a) Purpose. The purpose of this section is to set out the rules governing electrologist license renewal and replacement. (b) Date required to renew. (1) A licensee must renew the license annually. (2) The application and fee for the renewal of the license shall be postmarked or …

The purpose of this Chapter is to set forth procedures and authority of the Board in regard to action the Board may take in and for disciplinary actions taken by administrative procedures against persons licensed or certified by the Board. Notes Okla. Admin. Code § 435:5-1-1 Adde…

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Act" means the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, 59 O.S. §§480et seq. "APA" means either or both Arti…

The Board is authorized by statute to take disciplinary action against persons licensed or certified by the Board. Action taken by the Board shall be done pursuant to the APA. Notes Okla. Admin. Code § 435:5-1-3 Added at 11 Ok Reg 4531, eff 7-27-94 (emergency); Added at 12 Ok Reg…

(a) In determining the severity of any penalty assessed a person licensed or certified by the Board, the Board shall take into account, among other things, actual harm to the public, potential harm to the public, acceptance by the defendant for responsibility in the disciplinary …

The following administrative fines shall only be assessed after formal hearing and a determination of guilt: (1) $5,000 per day for practicing after revocation, suspension, surrender or failure to renew a license, pursuant to 59 O.S. § 491B. (2) Up to $5,000 per violation of unpr…

The Secretary is hereby authorized, in the exercise of sound discretion, to issue a letter of concern to a physician whose conduct does not warrant formal disciplinary action by the Board, but whose action does warrant a letter of concern to apprise the physician of a potential f…

(a) The Board may accept a Voluntary Submittal to Jurisdiction entered into by staff and defendant. (b) Proffer of a Voluntary Submittal to Jurisdiction entered into by staff and defendant shall be the responsibility of the Secretary of the Board or Executive Director in his/her …

(a) The Board may suspend the license of a person who has been convicted of a felony. (b) The Board shall revoke the license of a person licensed by the Board who has a final felony conviction. (c) The Board shall restore the license if the person's conviction is overturned on fi…

(a) In any action by the Board in which a person licensed or certified by the Board has been suspended or revoked by the Board, or surrendered in lieu of prosecution, the Board may at any time, upon motion of any member of the Board reconsider such suspension or revocation if giv…

An applicant for reinstatement after suspension, revocation or surrender in lieu of prosecution pursuant to 59 O.S. §503 shall meet all application requirements in effect at the time reinstatement is requested, be of good moral character and have reimbursed the Board for taxed co…

In the event the Secretary determines that a person has not complied with an order of the Board, the Secretary may initiate additional disciplinary action against that person and may seek to have the Board impose additional penalties for failure to comply with a Board order. Note…

It is the determination by the Board that allied health professionals that require surveillance of a licensed physician should not be supervised by physicians on probation. Notes Okla. Admin. Code § 435:5-1-8 Added at 13 Ok Reg 1173, eff 2-26-96 (emergency); Added at 13 Ok Reg 26…

(a) Pursuant to 59 O.S.Supp.2019, §503.2, the State Board of Medical Licensure and Supervision ("Board"), or the Board Secretary ("Board Secretary") acting for the Board, may issue a Notice against a licensee for statutory or regulatory prescribed unprofessional conduct. (b) For …

(a) The licensee must respond in writing to the Notice within twenty (20) days of service as follows: (1) The licensee may consent and comply with the terms of the proposed administrative remedy set forth in the Notice; or (2) The licensee may provide a written contest to the Not…

If the licensee consents and complies with the Notice within twenty (20) days after service of the Notice, it shall be so acknowledged by the Board Secretary on a copy of the Notice, which shall constitute an agreed imposition of the administrative remedy. A report of the same sh…

(a) A hearing on a contest of the Notice will be governed by the requirements of Article II of the Administrative Procedures Act. The Board's Rules for Individual Proceedings shall also govern. (b) Following a hearing on the contest of the Notice, the Board may affirm, lessen, or…

(a) The Notice and/or the Board's Final Administrative Order may assess a monetary fine of up to $1,500.00 per violation of unprofessional conduct but in no event shall a fine exceed any amount otherwise set forth in statute or rules; and/or (b) The Board may impose continuing ed…

(a) To the extent required by law, any patient information must be redacted from any Notice and/or Final Administrative Order or any document filed in a contest of such a Notice of Final Administrative Order. (b) To the extent that a patient must be identified, the initials of th…

(a) Any Notice or Final Administrative Order issued under this Chapter shall be a public record. (b) The issuance of a Notice or Final Administrative Order under this Chapter may not be considered a restriction or limitation on the license, nor shall the issuance either one be co…

(a) A licensee shall not be issued a renewal license until licensee has complied with all the provisions of the Final Administrative Order. (b) In the event that the licensee has not timely complied with a Final Administrative Order, the Board Secretary may file a motion to enfor…

These rules are promulgated to provide due process to parties appearing before the Authority and are not to be construed inconsistently with the Oklahoma Administrative Procedures Act. The assigned administrative law judge has the discretion to waive, supplement or modify any req…

Discovery shall not be commenced unless a scheduling order is entered in the case and the tribunal determines that discovery is necessary for the resolution of the issues. Discovery shall be completed in accordance with the scheduling order entered in the case. The tribunal may s…

When the Executive Director or an assigned administrative law judge finds that the public health, safety or welfare requires that action be taken immediately and when such a finding is incorporated in an order, emergency action may be ordered. Such order shall be served on every …

(a) Any marijuana or marijuana product not properly logged in the inventory tracking system or untraceable product required to be in the system, altered or improperly packaged, or illegally held in violation of the Oklahoma Medical Marijuana and Patient Protection Act, any other …

(a) If the third-party vendor determines that an employee of a medical marijuana business does not meet the minimum statutory requirements for a credential, the applicant or employee shall have no recourse against the third-party vendor but may appeal such adverse determination t…

(a) Pursuant to 75 O.S. § 307, the OMMA Executive Director or their duly authorized agent may issue declaratory rulings, as to the applicability of any rule, principle of law, and/or order of OMMA. OMMA licensees and the OMMA shall be the only parties with standing to seek a decl…

If the Authority finds that an emergency exists requiring immediate action in order to protect the health or welfare of the public, the Authority may issue an order, without providing notice or hearing, stating the existence of said emergency and requiring that action be taken by…

Adequate notice of any hearing in accordance with these rules shall be given to every summoned person or entity. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. Unless precluded by law, informal disposition may be mad…

All proceedings shall be recorded. A written transcript or a copy of the tape recording shall be made available to any person or entity alleged to have committed a violation of these rules or who is otherwise a party to an action upon written request and payment of costs for repr…

It is the duty and obligation of every licensee to make full disclosure at any hearing of any knowledge of a violation of any law or of the rules and regulations of the Authority. No person may refuse to testify at any hearing on any relevant matter, except in the proper exercise…

All parties to a proceeding must enter an appearance or may be determined to have waived their right to appear. Corporate entities, limited liability companies, other business entities, and governmental units or entities may appear only by an attorney licensed to practice law in …

The license of any licensee or summoned person or entity who fails to appear before the assigned administrative law judge after having been ordered personally or in writing to do so may be suspended pending appearance before the assigned administrative law judge. Nonappearance of…

(a) If the Executive Director or assigned administrative law judge finds that the public health, safety, or welfare requires emergency action and incorporates such finding to that effect in any Order, summary suspension of any licensee may be ordered pending proceedings for revoc…

(a) Pleadings shall be filed with the Authority and include appeals, applications, petitions, answers, complaints, exceptions, replies and motions. Submissions received after 5:00 p.m., CST or CDT, shall be deemed filed on the next regular business day. (b) A request for discover…

Failure or refusal to comply with an order from the administrative law judge, including a consent order, may result in the imposition of sanctions against the offending party. In addition, the Authority may seek enforcement by District Court order. Notes Okla. Admin. Code § 442:1…

Click here to view image Click here to view image Click here to view image Click here to view image Notes Okla. Admin. Code tit. 442, ch. 10, app A Adopted by 40 Ok Reg 382, eff 11/1/2022 (emergency); Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 8/11/202…