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

   1. (1) Failure to obtain appropriate certification (i.e. performing Micropigmentation without a certificate), $5,000.00 per violation;
   2. (2) Failure to observe procedures to prevent the transmission of a bloodborne pathogen, $500.00 per violation;
   3. (3) Failure to maintain instruments used in medical micropigmentation in a sterile condition, $500.00 per violation;
   4. (4) Failure to install and maintain appropriate facilities for handwashing, $500.00 per violation;
   5. (5) Failure to maintain client records or monthly spore destruction test records, $500.00 per violation; or

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

      1. (A) Advertising to the public in any manner without the necessary certificate;
      2. (B) Habitual intemperance or the habitual use of habit-forming drugs;
      3. (C) All advertising of business in which statements are made which are grossly untrue or improbable and calculated to mislead the public;

      4. (D) Conviction or confession of a crime involving violation of:

         1. (i) The laws of this state, or
         2. (ii) The Oklahoma Medical Micropigmentation Regulation Act or this Chapter;
      5. (E) Failure to maintain an office record for each patient which accurately reflects the treatment of the patient;
      6. (F) Fraud or misrepresentation in applying for or procuring a micropigmentation certificate;
      7. (G) Cheating on or attempting to subvert the medical micropigmentation certification examination(s);
      8. (H) Conduct likely to deceive, defraud, or harm the public;
      9. (I) Practice or other behavior that demonstrates an incapacity or incompetence to practice medical micropigmentation; or
      10. (J) Has been finally adjudicated and found guilty or entered a plea of guilty or nolo contendere to a felony crime as described Section 310:234-11-1(1) of this Chapter, 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).
2. (b) Penalties shall double for repeat offenses.
3. (c) Continued non-compliance shall result in administrative action to revoke the certification or to order the person to cease violating the law.
4. (d) Each day an offense occurs shall be considered a separate of offense.

Added at 19 Ok Reg 378, eff 11-19-01 (emergency)

Added at 19 Ok Reg 2067, eff 6-27-02

Amended at 40 Ok Reg 1543, eff 9-11-23