1. A. The Oklahoma Board of Nursing shall have the power :

   1. 1. To deny, revoke or suspend any:

      1. a. license to practice registered nursing or licensed practical nursing,
      2. b. recognition for practice as an advanced practice nurse, or
      3. c. certification as an advanced unlicensed assistive person;
   2. 2. To assess administrative penalties; or
   3. 3. To otherwise discipline a licensee or advanced unlicensed assistive person.

2. B. The Board shall impose a disciplinary action pursuant to the provisions of subsection A of this section upon proof that the person:

   1. 1. Is guilty of fraud or deceit in procuring or attempting to procure:

      1. a. a license to practice registered nursing, licensed practical nursing, or advanced practice nursing, or
      2. b. certification as an advanced unlicensed assistive person;
   2. 2. Is guilty of a felony or of any offense that shall constitute a felony under the laws of this state;
   3. 3. Is unfit or incompetent by reason of negligence;
   4. 4. Is habitually intemperate or addicted to habit-forming drugs;
   5. 5. Exhibits actual or potential inability to practice nursing with sufficient knowledge or reasonable skills and safety due to impairment caused by illness, use of alcohol, drugs, chemicals or any other substance, or as a result of any mental or physical condition;
   6. 6. Has been adjudicated as mentally incompetent, mentally ill, chemically dependent or dangerous to the public or has been committed by a court of competent jurisdiction, within or without this state;
   7. 7. Is guilty of unprofessional conduct as defined in the rules of the Board;
   8. 8. Is guilty of any act that jeopardizes a patient's life, health or safety as defined in the rules of the Board;
   9. 9. Violated a rule promulgated by the Board, an order of the Board, or a state or federal law relating to the practice of registered, practical or advanced practice nursing or advanced unlicensed assisting, or a state or federal narcotics or controlled dangerous substance law; or
   10. 10. Has had disciplinary actions taken against the individual's registered or practical nursing license, advanced unlicensed assistive certification, or any health-related license, in this or any state, territory or country.
3. C. Any person who supplies the Board information in good faith shall not be liable in any way for damages with respect to giving such information.
4. D. The Board may cause to be investigated all reported violations of the Oklahoma Nursing Practice Act.
5. E. All individual proceedings before the Board shall be conducted in accordance with the Administrative Procedures Act.
6. F. At a hearing the accused shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence on behalf of the accused, to cross-examine witnesses and to have subpoenas issued by the Board. If the accused is found guilty of the charges the Board may refuse to issue a renewal of license to the applicant, revoke or suspend a license, or otherwise discipline a licensee.
7. G. A person whose license is revoked may not apply for reinstatement during the time period set by the Board, which shall not exceed five (5) years. The Board on its own motion may at any time reconsider its action.
8. H. Any person whose license is revoked or who applies for renewal of registration and who is rejected by the Board shall have the right to appeal from such action pursuant to the Administrative Procedures Act.

9. I.

   1. 1. Any person who has been determined by the Board to have violated any provisions of the Oklahoma Nursing Practice Act or any rule or order issued pursuant thereto shall be liable for an administrative penalty of not more than One Hundred Dollars ($100.00) for each day that said violation continues. The maximum administrative penalty shall not exceed Five Hundred Dollars ($500.00) for each count of which any holder of a certificate or license has been determined to be in violation of the Oklahoma Nursing Practice Act or rule promulgated or order issued thereto.
   2. 2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of this section, after notice and an opportunity for hearing is given to the accused. In determining the amount of the penalty, the Board shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to practice, and any show of good faith in attempting to achieve compliance with the provisions of the Oklahoma Nursing Practice Act.

Laws 1953, HB 738, p. 268, § 8, emerg. eff. April 13, 1953; Amended by Laws 1981, SB 248, c. 314, § 6, emerg. eff. July 1, 1981; Amended by Laws 1991, HB 1760, c. 104, § 7, eff. September 1, 1991; Amended by Laws 1994, HB 2128, c. 97, § 4, emerg. eff. July 1, 1994; Amended by Laws 1996, SB 587, c. 186, § 7, eff. November 1, 1996; Amended by Laws 1996, SB 1320, c. 288, § 3, eff. November 1, 1996; Amended by Laws 1996, SB 537, c. 136, § 2, eff. November 1, 1996 (repealed by Laws 1996, SB 1320, c. 288, § 9, eff. November 1, 1996); Amended by Laws 2000, SB 1589, c. 187, § 1, eff. November 1, 2000 (superseded document available).