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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 719 By: Garvin
AS INTRODUCED
An Act relating to the practice of nursing; a mending
59 O.S. 2021, Section 567.8, which relates to denial,
revocation, or suspension of license or
certification; removing requirement for the Oklahoma
Board of Nursing to impose disciplinary action on
certain grounds; modifying and adding grounds for
disciplinary action; requiring disciplinar y action
for commission of certain criminal offense s; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Se ction 567.8, is
amended to read as fol lows:
Section 567.8. A. The Oklahoma Board of Nur sing shall have the
power to take any or all of the following action s:
1. To deny, revoke or suspend any:
a. licensure to practice as a Licensed Practical Nurse,
single-state or multistate,
b. licensure to practice as a Registered Nurse, single -
state or multistate,
c. multistate privilege to practice in Oklahoma,
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d. licensure to practice as an Advanced Practice
Registered Nurse,
e. certification to practice as an Advanced Unlicensed
Assistant,
f. authorization for prescriptive authority, or
g. authority to order, select, obtain and administer
drugs;
2. To assess administr ative penalties; and
3. To otherwise discip line applicants, licensees or Advanced
Unlicensed Assistants.
B. The Board shall may impose a disciplinary action against the
person pursuant to the provisions of subsection A of this section
upon proof that the person:
1. Is guilty of deceit or material mis representation in
procuring or attempting to procure:
a. a license to practice registered nursing, licensed
practical nursing, or a license to practice advanced
practice registered nursing with or without eit her
prescriptive authority recognition or author ization to
order, select, obtain and administer drugs, or
b. certification as an Advanced Unlicensed Assistant;
2. Is guilty of a felony, o r any offense substantially related
to the qualifications, functions or duties of any licensee or
Advanced Unlicensed Assistant, or any offense an essential element
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of which is fraud, dishonesty, or an act of violence, whether or not
sentence is imposed, o r any conduct resulting in the revocation of a
deferred or suspended sentence or probation imposed pursuant to such
conviction. For the purposes of this paragraph, "substantially
related" means the nature of criminal conduct for which the person
was convicted has a direct bearing on the fitness or ability to
perform one or more of the duties or responsibilities necessa rily
related to the occupation;
3. Fails to adequately care for patients or to conform t o the
minimum standards of acceptable nursing or Ad vanced Unlicensed
Assistant practice that, in the opinion of the Boa rd, unnecessarily
exposes a patient or other per son to risk of harm;
4. Is intemperate in the use of found to be misusing or abusing
alcohol or drugs, which use misuse or abuse the Board determines
endangers or could endanger patients;
5. Is found to be misusing or abusing alcohol or drugs, which
misuse or abuse the Board determines does not endanger and could not
endanger patients. However, the Board shall not impose a
disciplinary action against the person pursuant to the provisions of
subsection A of this section solely on the basis of this paragraph
if the person can show proof of actively participating in substance
abuse treatment or counseling or if the person agrees to participate
in the Board's peer assistance program under Section 567.17 of this
title;
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6. Exhibits through a pattern of practice or other behavior
actual or potential inability to practice nursing with sufficient
knowledge or reasonable skills and safety due to impai rment caused
by illness, use of alcohol, drugs, chemicals or any oth er substance,
or as a result of any mental or physical condition, including
deterioration through the aging process or los s of motor skills,
mental illness, or disability that results in i nability to practice
with reasonable judgment, skill or safety; prov ided, however, the
provisions of this paragraph shall not be utilized in a manner that
conflicts with the provisions of th e Americans with Disabilities
Act;
6. 7. Has been adjudicated as mentally incompetent, mentally
ill, chemically dependent or dangerou s to the public or has been
committed by a court of competent jurisdiction, within or without
this state;
7. 8. Is guilty of unprofessional conduct as defined in the
rules of the Board;
8. 9. Is guilty of any act that jeopardizes a patient 's life,
health or safety as defined in the rules of the Board;
9. 10. 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 registered nursing or
advanced unlicensed assisting, or a state or federal narcotics or
controlled dangerous substance law including, but not limited to
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prescribing, dispensing or administering opioid drugs in excess of
the maximum limits authorized in Section 2 -309I of Title 63 of the
Oklahoma Statutes;
10. 11. Has had disciplinary actions taken against the
individual's registered or practical nursing license, advanced
unlicensed assistive certification, or any professional or
occupational license, registration or certification in this or an y
state, territory or country;
11. 12. Has defaulted or been terminated from the peer
assistance program for any reason;
12. 13. Fails to maintain professional boundaries with
patients, as defined in the Board rules; or
13. 14. Engages in sexual miscond uct, as defined in Board
rules, with a current or former patient or key party, inside or
outside the health care setting.
C. 1. If the results of a criminal history records search
conducted under Section 567.18 of this title reveal that the subject
person has been convicted of, pled guilty or no contest to, or
received a deferred sentence for, a felony or misdemeanor offense
for any of the following offenses in any state or federal
jurisdiction, the Board shall revoke or deny all applicable
licenses, privileges, certifications, authoriza tions, and authority
listed in paragraph 1 of subsection A of this section :
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a. abuse, neglect, or financial exploitation of any
person entrusted to the care or possession of such
person,
b. rape, incest, sodomy, or any crime that resulted in
the person being registered on a sex offender registry
at any time,
c. child abuse,
d. murder or attempted murder,
e. manslaughter,
f. kidnapping,
g. human trafficking,
h. aggravated assault and battery,
i. assault and battery with a da ngerous weapon, or
j. arson in the first degree.
2. If less than five (5) years have elapsed since the
completion of a sentence, and the results of a criminal history
records search reveal that the subject person has been convicted of,
or pled guilty or no contest to, a felony or misdemeanor offense for
any of the following offen ses, in any state or federal jurisdiction,
the Board shall revoke or deny all applicable licens es, privileges,
certifications, authoriza tions, and authority listed in paragraph 1
of subsection A of this section :
a. assault,
b. battery,
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c. indecent exposure and indecent exhibition, except
where such offense disqualifi es the applicant as a
registered sex offender,
d. pandering,
e. burglary in the first or second degree,
f. robbery in the first or second degree,
g. robbery or attempted robbery with a dangerous weapon,
or imitation firearm,
h. arson in the second degree,
i. unlawful manufacture , distribution, prescription, or
dispensing of a Schedule I through V drug as defined
by the Uniform Controlled Dangerous Substances Act,
j. grand larceny, or
k. petit larceny or shop lifting.
D. Any person who supplies t he Board information in good faith
shall not be liable in any w ay for damages with respect to giving
such information.
D. E. The Board may cause to be investigated all reported
violations of the Oklahoma Nursing Practice Act. Information
obtained during an investigation into possible violations of the
Oklahoma Nursing Practice Act shall be kept confidential, but may be
introduced by the state in administrative proceedings before the
Board, whereupon the information admitted becomes a public record.
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Public records maintained by the agency are administrative records,
not public civil or criminal records.
Confidential investigative r ecords shall not be subject to
discovery or subpoena in any civil or criminal proceeding, except
that the Board may give such info rmation to law enforcement and
other state agencies as neces sary and appropriate in the discharge
of the duties of that agency and only under circumstances that
ensure against unauthorized access to the information.
E. F. The Board may authorize the Executiv e Director to issue a
confidential letter of concern to a licensee when evidence does not
warrant formal proceedings, but t he Executive Director has noted
indications of possible errant conduct that could lead to serious
consequences and formal action.
F. G. All individual proceedings before the Board shall be
conducted in accordance with the Administrative Procedures Act.
G. H. 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 designated Board staff. If th e accused
is found guilty of the charges the Board may refuse to issue a
renewal of license to the applicant, revoke or suspend a licens e, or
otherwise discipline a licensee.
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H. I. A person whose license is revoked may not apply for
reinstatement during t he time period set by the Board. The Board on
its own motion may at any time reconsider its action.
I. J. 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.
J. K. 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 not to exceed Five Hundred Dollars ($500.00)
for each count for which any holder of a certificate or license has
been determined to be in violation of the Oklahoma Nurs ing Practice
Act or any rule promulgated or order issued pursuant thereto.
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 det ermining the
amount of the penalty, the Board shall include, but n ot 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, t he effect on ability of
the person to continue to practice, and an y show of good faith in
attempting to achieve compliance with the provisions of the Oklahoma
Nursing Practice Act.
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K. L. The Board shall retain jurisdiction over any person
issued a license, certificate or temporary license pursuant to the
Oklahoma Nursing Practice Act, regardless of whether the license,
certificate or temporary license has expired, lapsed or been
relinquished during or a fter the alleged occurrence or conduct
prescribed by the Oklahoma Nursing Practice Act.
L. M. In the event disciplinary action is imposed, any person
so disciplined shall be responsible for any and all costs associated
with satisfaction of the discipline imposed.
M. N. In the event disciplinary action is im posed in an
administrative proceeding, the Board shall have the au thority to
recover the monies expended by the Board in pursuing any
disciplinary action, including but not limited to costs of
investigation, probation or monitoring fees, administrative cos ts,
witness fees, attorney fees and court costs. This authority s hall
be in addition to the Board 's authority to impose discipline as set
out in subsection A of this section.
N. O. The Executive Director shall immediately su spend the
license of any person upon proof that the person has been sentenced
to a period of continuous incarceration serving a penal sentence for
commission of a misdemeanor or felony. The suspension shall remain
in effect until the Board acts upon the l icensee's written
application for reinstatement of the license.
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O. P. When a majority of the of ficers of the Board, which
constitutes the President, Vice President and Secretary/Treasurer,
find that preservation of the public healt h, safety or welfare
requires immediate action, summary suspension of licensure or
certification may be ordered before t he filing of a sworn complaint
or at any other time before the outcome of an individual proceeding.
The summary suspension of licensure or certification may be or dered
without compliance with the requirements of the Oklahoma Open
Meeting Act. Within seve n (7) days after the summary suspension,
the licensee shall be notified by letter that summary suspension has
occurred. The summary sus pension letter shall includ e notice of the
date of the proposed hearing to be held in accordance with Oklahoma
Administrative Code 485:10-11-2 and the Administrative Procedures
Act, within ninety (90) days of the date of the summary suspension
letter, and shall be signed by one of t he Board officers.
P. Q. In any proceeding in which the Board is required to serve
an order on an individual, the Board may send such material to the
individual's address of record with the Board. If the order is
returned with a notation by the United State s Postal Service
indicating that it is undeliverable for any reason, and the records
of the Board indicate that the Board has not received any change of
address since the order was sent, as required by the rules of the
Board, the order and any subsequent m aterial relating to the same
matter sent to the most recent address on file with the Board shall
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be deemed by the court as having been legally served for all
purposes.
SECTION 2. This act shall become effectiv e November 1, 2023.
59-1-1681 DC 1/18/2023 3:25:55 PM