SECTION 435:15-5-11. Discipline

(a)   Prohibited acts. No person shall:

(1)   fraudulently or deceptively obtain or attempt to obtain a license;

(2)   fraudulently or deceptively use a license;

(3)   act contrary to this chapter 15, the Physician Assistant Act, or other laws or regulations governing licensed health professionals or any stipulation or agreement of the board;

(4)   violate any provision of the Medical Practice Act or the rules promulgated by the Board.

(b)   Grounds for action. The board may take an action under subsection (c) when a person:

(1)   acts contrary to subsection (a);

(2)   is convicted of a felony;

(3)   is a habitual user of intoxicants or drugs to such an extent that he or she is unable to safely practice as a physician assistant;

(4)   has been adjudicated as mentally incompetent;

(5)   is physically or mentally unable to engage safely in practice as a physician assistant;

(6)   is negligent in practice as a physician assistant or demonstrates professional incompetence;

(7)   violates patient confidentiality, except as required by law;

(8)   engages in conduct likely to deceive, defraud or harm the public;

(9)   engages in unprofessional or immoral conduct;

(10)   prescribes, sells, administers, distributes, orders or gives away any drug classified as a controlled substance for other than medically accepted therapeutic purposes;

(11)   has committed an act of moral turpitude;

(12)   is disciplined or has been disciplined by another state or jurisdiction based upon acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as defined in this section;

(13)   fails to cooperate with an investigation conducted by the board; or

(14)   represents himself or herself as a physician.

(c)   Actions. The board, on finding grounds exist under subsection (b) and pursuant to the Administrative Procedures Act, 75 O.S. § 250 et seq., may:

(1)   refuse to grant a license;

(2)   administer a public or private reprimand;

(3)   revoke, suspend, limit or otherwise restrict a license;

(4)   require a physician assistant to submit to the care or counseling or treatment of a health professional designated by the board;

(5)   impose corrective measures;

(6)   impose a civil penalty or fine;

(7)   suspend enforcement of its finding thereof and place the physician assistant on probation with the right to vacate the probationary order for noncompliance; or

(8)   restore or reissue, at its discretion, a license, and remove any disciplinary or corrective measure that it may have imposed.

(d)   The board may prohibit a physician who willfully and knowingly allows or participates with a physician assistant who acted contrary to this chapter 15 from supervising a physician assistant.

[Source: Amended at 10 Ok Reg 4377, eff 7-27-93 (emergency); Amended at 11 Ok Reg 2331, eff 5-26-94; Amended at 15 Ok Reg 2022, eff 5-26-98; Amended at 16 Ok Reg 378, eff 10-6-98 (emergency); Amended at 16 Ok Reg 1214, eff 5-14-99; Amended at 19 Ok Reg 2303, eff 6-28-02; Amended at 33 Ok Reg 946, eff 8-26-16]