1. A. The Board of Pharmacy may:

   1. 1. Revoke or suspend any certificate, license or permit issued pursuant to the Oklahoma Pharmacy Act or reprimand or place on probation any holder of a certificate, license, or permit who:

      1. a. violates any provision of the Oklahoma Pharmacy Act,
      2. b. violates any of the provisions of the Uniform Controlled Dangerous Substances Act,
      3. c. has been convicted of a felony or has pleaded guilty or no contest to a felony,
      4. d. engages in the practice of pharmacy while incapacitated or abuses intoxicating liquors or other chemical substances,
      5. e. conducts himself or herself in a manner likely to lower public esteem for the profession of pharmacy,
      6. f. has had his or her license placed on probation, suspended, or revoked, has been reprimanded by another State Board of Pharmacy or has had another disciplinary action by another state entity,
      7. g. has been legally adjudged to be not mentally competent, or
      8. h. exercises conduct and habits inconsistent with the rules of professional conduct established by the Board; and
   2. 2. Levy administrative fines not to exceed One Thousand Dollars ($1,000.00) for each count of which any holder of a certificate, license, or permit has been convicted in Board hearings.
2. B. The Board, its employees, or other agents shall keep confidential information obtained during an investigation into violations of the Oklahoma Pharmacy Act; provided, however, such information may be introduced by the state in administrative proceedings before the Board.
3. C. To ensure the confidentiality of such information for the protection of the affected individual or entity, the information obtained shall not be deemed to be a record as that term is defined in the Oklahoma Open Records Act.

4. D.

   1. 1. The Board, upon a sworn complaint filed with its Director, and after giving at least ten (10) days' written notice by registered or certified mail of the filing of such complaint to the person accused therein of the date and place of a hearing thereon, to which notice shall be attached a statement of the charges contained in the complaint, is hereby authorized and empowered, if the Board finds that the allegations of the complaint are supported by the evidence rendered at the hearing to, by written order, revoke permanently or suspend for a designated period, the certificate, license or permit of the person charged in the complaint or to reprimand or place such person on probation.
   2. 2. The Board may, upon written application therefor and in the exercise of its official discretion, cancel the order.
   3. 3. A person whose certificate, license or permit has been revoked or suspended or who has been reprimanded or placed on probation or fined may appeal such Board order pursuant to the Administrative Procedures Act.
5. E. A person, other than a pharmacy technician, whose license or permit has been suspended by the Board or by operation of law shall pay a reinstatement fee not to exceed One Hundred Dollars ($100.00) as a condition of reinstatement of the license.

Laws 1961, HB 655, c. 8, § 26, emerg. eff. May 22, 1961; Amended by Laws 1976, SB 642, c. 83, § 5, emerg. eff. May 3, 1976; Amended by Laws 1981, SB 222, c. 75, § 4, emerg. eff. April 16, 1981; Amended by Laws 1982, SB 376, c. 172, § 5, emerg. eff. April 16, 1982; Amended by Laws 1993, HB 1213, c. 199, § 19, emerg. eff. May 24, 1993; Amended by Laws 2002, HB 2715, c. 408, § 4, emerg. eff. June 5, 2002 (superseded document available); Amended by Laws 2004, SB 369, c. 523, § 22, emerg. eff. June 9, 2004 (superseded document available).