SECTION 485:10-12-3. Imposition of Corrective Action  

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  • (a)   A Corrective Action may be issued for any of the following violations:
    (1)   practice without current licensure/certification/recognition in accordance with time parameters identified in the Board's Violation Guidelines,
    (2)   initial failure to provide the Board with complete and accurate answers on any licensure application,
    (3)   failure of an Advanced Practice Registered Nurse to obtain prescriptive authority recognition in an additional role and population focus area, where the Advanced Practice Registered Nurse otherwise meets all requirements for the prescriptive authority recognition,
    (4)   other violations of the Oklahoma Nursing Practice Act and/or Board Rules that are appropriate for resolution at the remediation level of education and/or an administrative penalty, in accordance with the Board's Violation Guidelines.
    (b)   An individual may not be eligible for Corrective Action if, at the time of imposition:
    (1)   the individual has committed more than one of the violations listed in (a) of this subsection;
    (2)   the individual has previously received Corrective Action for similar practice-related violation(s);
    (c)   An individual shall not be eligible for Corrective Action if, at the time of imposition:
    (1)   the violation involved significant harm or substantial risk of harm to a patient or the public; or
    (2)   if the individual attempted to conceal his or her violation(s) at any time during the facility, government and/or Board investigation(s).
    (d)   The administrative penalty for each violation shall not exceed five hundred dollars ($500.00).
    (e)   The opportunity to enter into an agreed Corrective Action is at the sole discretion of the Executive Director within the parameters of these Rules as a condition of settlement by agreement. A contested procedure conducted pursuant to 59 O.S. § 567.8 and OAC 485:10-11-1 et seq. may result in a Corrective Action.
[Source: Added at 33 Ok Reg 162, eff 11-1-15 (emergency); Added at 33 Ok Reg 1026, eff 8-25-16]