SECTION 435:45-5-3. Grounds for disciplinary action

(a)   The Respiratory Care Advisory Committee may recommend to the Board to reprimand or place on probation any holder of a respiratory care practitioner (RCP) license, or may limit, suspend or revoke privileges, or may revoke or suspend any license issued to an RCP or deny a license to an applicant for unprofessional conduct. Acts which constitute unprofessional conduct include, but are not limited to:

(1)   Habitually intemperate or addicted use of any drug, chemical or substance which could result in behavior that interferes with the practice of respiratory care and the responsibilities of the licensee.

(2)   Unauthorized possession and use of illegal or controlled substances or pharmacologic agents without lawful authority or prescription by an authorized and licensed independent practitioner of the state of Oklahoma.

(3)   Any conduct which potentially or actually jeopardizes a patient's life, health or safety.

(4)   Falsely manipulating drug supplies, narcotics or patient records, or forging a prescription for medication/drugs, or presenting a forged prescription.

(5)   Conviction of, or confession or plea of no contest to, a felony or of a crime involving moral turpitude.

(6)   Conviction of, or confession or plea of no contest to, a drug related offense.

(7)   Falsifying documents submitted to the Respiratory Care Advisory Committee or the Oklahoma State Board of Medical Licensure and Supervision.

(8)   Obtaining or attempting to obtain a license, certificate or documents of any form as a respiratory care practitioner by fraud or deception.

(9)   Aiding, abetting or assisting any other person to violate or circumvent any law or rule or regulation intended to guide the conduct of a respiratory care practitioner.

(10)   Failure to report through proper channels the unsafe or illegal practice of any person who is providing patient care.

(11)   Negligence while in practice as a respiratory care practitioner or violating the "Standards of Ethics and Professional Conduct" adopted by the Board.

(12)   Engaging in fraudulent billing practices and/or violation of federal Medicare and Medicaid laws or state medical assistance laws.

(13)   Being adjudged mentally incompetent by a court of competent jurisdiction.

(14)   Failing to timely make application for license renewal.

(15)   Verbally or physically abusing patients.

(16)   Discriminating in the rendering of patient care and respiratory care assignment(s).

(17)   Inaccurate recording, falsifying or altering of patient records.

(18)   Leaving a patient care assignment or patient without properly advising appropriate personnel.

(19)   Violating the confidentiality of information or knowledge concerning a patient(s).

(20)   While engaged in the care of a patient, engaging in conduct with a patient, patient family member or significant other which is seductive or sexually demeaning/exploitive in nature.

(21)   Violating any provision of the Respiratory Care Practice Act or the rules promulgated by the Board.

(22)   Failure to furnish the Board, its investigators or representatives, information lawfully requested by the Board.

(23)   Failure to cooperate with a lawful investigation conducted by the Board.

(24)   Violation of any provision(s) of the medical practice act or the rules and regulations of the Board or of an action, stipulation, agreement or order of the Board.

(25)   Participating in the competency validations for Advanced Unlicensed Assistive Personnel as relates to respiratory therapy techniques or treatments.

(b)   A respiratory care practitioner who knowingly allows or participates with individual(s) who are in violation of the above will be prohibited from supervision of other respiratory care practitioners for so long as the Board deems appropriate; and may themselves be subject to disciplinary action pursuant to their conduct.

[Source: Added at 18 Ok Reg 2646, eff 7-12-01]