SECTION 310:234-11-3. Administrative penalties

(a)   The Department may assess administrative penalties as follows:

(1)   Failure to obtain appropriate certification (i.e. performing Micropigmentation without a certificate), $5,000.00 per violation;

(2)   Failure to observe procedures to prevent the transmission of a bloodborne pathogen, $500.00 per violation;

(3)   Failure to maintain instruments used in medical micropigmentation in a sterile condition, $500.00 per violation;

(4)   Failure to install and maintain appropriate facilities for handwashing, $500.00 per violation;

(5)   Failure to maintain client records or monthly spore destruction test records, $500.00 per violation; or

(6)   Demonstrating unprofessional conduct, which includes but is not limited to:

(A)   Advertising to the public in any manner without the necessary certificate;

(B)   Habitual intemperance or the habitual use of habit forming drugs;

(C)   Conviction of a felony or of any offense involving moral turpitude;

(D)   All advertising of business in which statements are made which are grossly untrue or improbable and calculated to mislead the public;

(E)   Conviction or confession of a crime involving violation of:

(i)   The laws of this state, or

(ii)   State Board of Health rules;

(F)   Failure to maintain an office record for each patient which accurately reflects the treatment of the patient;

(G)   Fraud or misrepresentation in applying for or procuring a micropigmentation certificate;

(H)   Cheating on or attempting to subvert the medical micropigmentation certification examination(s);

(I)   Conduct likely to deceive, defraud, or harm the public;

(J)   Practice or other behavior that demonstrates an incapacity or incompetence to practice medical micropigmentation; or

(K)   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 a micropigmentologist for any offense involving moral turpitude, whether or not sentence is imposed, and regardless of the pendency of an appeal, penalty of $500.00 for each violation above in section 310:234-11-3(6).

(b)   Penalties shall double for repeat offenses.

(c)   Continued non-compliance shall result in administrative action to revoke the certification or to order the person to cease violating the law.

(d)   Each day an offense occurs shall be considered a separate of offense.

[Source: Added at 19 Ok Reg 378, eff 11-19-01 (emergency); Added at 19 Ok Reg 2067, eff 6-27-02]