Title 510

	CHAPTER	SECTION
1	Administrative Operations	510:1-1-1 5
5	Professional Standards	510:5-1-1 10
10	Licensure of Osteopathic Physicians and Surgeons	510:10-1-1

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Chapter
1
Administrative Operations

	Sub-Chapter	Section
1	General Provisions	510:1-1-1 3
2	General Course and Method of Operations	510:1-3-1 5
3	Individual Proceedings	510:1-5-1 7
4	Rulemaking Procedures	510:1-7-1 9
5	Forms	510:1-9-1 11
6	Interpretation of Rules	510:1-11-1 13
7	Declaratory Rulings	510:1-13-1

[Authority:
59 O.S., §§ 620 through 645] [Source: Codified 12-27-91]

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Sub-Chapter
1
GENERAL PROVISIONS

Section
510:1-1-1 Purpose
510:1-1-2 Board origin [REVOKED]
510:1-1-3 Composition of Board
510:1-1-4 Powers and duties of Board [REVOKED]
510:1-1-5 Definitions

510:1-1-1
Purpose:

The rules
of this chapter establish the framework by which the Board carries out its
statutory duties, including the licensure and discipline of osteopathic physicians.
[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-1-2
Board origin [REVOKED]
[Source: Revoked at 13 Ok Reg 2219, eff 6-27-96]

510:1-1-3
Composition of Board

The Board
shall consist of eight (8) members who are qualified and appointed in accordance
with the provisions of 59 O.S. Section 624 and 625. [Source: Amended at 13
Ok Reg 2219, eff 6-27-96]

510:1-1-4
Powers and duties of Board [REVOKED]
[Source: Revoked at 13 Ok Reg 2219, eff 6-27-96]

510:1-1-5
Definitions

The following
words and terms, when used in this chapter, shall have the following meaning,
unless the context clearly indicates otherwise: "Act" means the Osteopathic
Medicine Act, Title 59 O.S., Section 620 et seq. "Board" means the Oklahoma
State Board of Osteopathic Examiners. [Source: Amended at 13 Ok Reg 2219,
eff 6-27-96]

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Sub-Chapter
3
GENERAL COURSE AND METHOD OF OPERATIONS

Section
510:1-3-1. Office location
510:1-3-2. Office hours
510:1-3-3. Communications with the Board
510:1-3-4. Board meetings
510:1-3-5. Public access to records
510:1-3-6. Certification of records
510:1-3-7. Board compensation
510:1-3-8. Investigations

510:1-3-1
Office location

The office
of the Board is located at 4848 North Lincoln Boulevard, Suite 100, in Oklahoma
City, Oklahoma, 73105-3321. The phone number is (405) 528-8625. [Source: Amended
at 13 Ok Reg 2219, eff 6-27-96]

510:1-3-2
Office hours

The office
of the Board will be open from 8:00 a.m. until 4:30 p.m. each week day. The
office will be closed on weekends and holidays established by statute or proclamation
of the Governor. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-3-3
Communication with the Board

Written
communication may be addressed to the Board at the office of the Board. Facsimile
communications may be sent to the office of the Board except that applications
for licensure and related documents may not be faxed. Telephonic communication
may be made during regular office hours. [Source: Amended at 13 Ok Reg 2219,
eff 6-27-96]

510:1-3-4
Board meetings

The Board
holds regular quarterly meetings on the third Thursday of March, June and
September and the second Thursday of December of each year except that such
regularly scheduled meetings may be cancelled or changed at the Boards discretion.
The Board may hold other meetings of a special or emergency nature in its
discretion. Meetings will be conducted at the Board office or other designated
locations as necessary or desirable. A majority of the members of the Board
constitute a quorum and may transact any business of the Board by a simple
majority vote of the quorum present. [Source: Amended at 13 Ok Reg 2219, eff
6-27-96]

510:1-3-5
Public access to records

The following
documents shall be available for public inspection and copying at the Board's
principal office during regular office hours: all records of receipt and expenditure
of funds, rules adopted by the Board, declaratory rulings issued by the Board,
minutes of Board meetings, applications for licensure and renewal, the official
record of individual proceedings and other records required to be maintained
by Oklahoma law and to be made public by the Oklahoma Open Records Act. The
records to be made public do not include documents that are confidential or
subject to an evidentiary privilege (including patient records and attorney/client
communications) or are protected from disclosure under the work product doctrine,
the Board's litigation files, the Board's investigatory files and reports
and communications to the Board about current and prospective licensees. Copies
of the documents available to the public will be provided upon the Board's
receipt of a written request and payment of required fees, including $.25
for each page copied and, where appropriate under the Open Records Act, $20.00
per hour for searching for documents. [59 O.S., Section 627, 51 O.S., Section
24A.1 et seq.] [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-3-6
Certification of records

True and
correct copies of records of the Board may be certified by the Board's secretary
or executive director. The fee for certification of records shall be $1.00
per document and must be paid upon the delivery of the certified record. [51
O.S., Section 24A.5] [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-3-7
Board compensation

Members
of the Board may be compensated at a per diem rate of fifty dollars ($50.00)
per day in addition to the reimbursement for expenses as provided for in the
Oklahoma Travel and Reimbursement Act, 74 O.S., Section 500.1 et seq. [Source:
Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-3-8
Investigations

The Board
may investigate any matter within its statutory authority. Licensees and applicants
for licensure shall provide information requested by the Board and shall allow
the Board to inspect their records and facilities. The Board may compel oral
testimony, written responses to interrogatories, production of documents and
inspection of property through subpoenas issued by the Board president or
secretary or search warrants issued by the district court. [59 O.S., Section
626(D) and 637(C)]. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

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Sub-Chapter
5
INDIVIDUAL PROCEEDINGS

Section
510:1-5-1. Initiation of individual proceedings, complaint, and citation
510:1-5-1.1. Definitions
510:1-5-2. Citation [REVOKED]
510:1-5-3. Service
510:1-5-4. Hearing date, continuance or extension of time
510:1-5-5. Written answer, extension of time
510:1-5-6. Prehearing procedures
510:1-5-6.1. Hearing Procedures
510:1-5-7. Respondent's failure to appear
510:1-5-8. Subpoena of witnesses, evidence, or records for hearing
510:1-5-9. Hearing Records
510:1-5-10. Final orders
510-1-5-10.1. Terms and conditions of probation
510:1-5-11. Petition for rehearing
510:1-5-12. Assessment of costs

510:1-5-1
Initiation of individual proceedings, complaint, and citation

An individual
proceeding may be initiated, upon information indicating the possible violation
of the Act, through the filing of a formal complaint by the Board setting
out the matters enumerated in 75 O.S., section 309, and containing a statement
setting forth the allegations and naming the licensee against whom the complaint
is made. The Secretary shall issue a citation notifying the respondent of
the formal complaint and the date and place of the hearing. [Source: Amended
at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-1.1
Definitions

The following
words and terms, as used in this subchapter shall have the following meaning,
unless the context clearly indicates otherwise. "Individual proceeding" means
consideration of issuing a formal sanction penalizing a licensee of the Board.
It does not mean consideration of the issuance or reinstatement of a license.
"Respondent" means the licensed osteopathic physician whose licensure is the
subject of the individual proceeding. [Source: Added at 13 Ok Reg 2219, eff
6-27-96]

510-1-5-2
Citation [REVOKED]
[Source: Revoked at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-3
Service

(a) The
formal complaint and citation and all subpoenas shall be served personally
in the manner authorized by state law for service of summons in a judicial
proceeding or by certified mail, return receipt requested, delivery restricted
to the addressee. If personal service or service by certified mail cannot
be completed, service of the formal complaint and citation may be made by
first class mail to the respondent at the last address furnished to the Board
by the respondent or by publication in a newspaper or newspapers for the time,
or posting at the places, the Secretary of the Board determines will be most
likely to provide notice to the respondent. (b) Personal service may be made
by any person appointed by the Secretary of the Board or any person authorized
by State law to serve process in judical proceedings. (c) Service of all other
papers shall be made by first-class mail to the address at which service of
the initial complaint and citation was made or in the manner by which such
service was made if not by mail or personal service or such other address
designated by the respondent; to the Board at its office, the office of its
general counsel and the prosecuting attorney; and to the address designated
by any other party to the proceeding. (d) Service by mail shall be complete
upon the date the notice is placed in the U.S. Mail with sufficient postage
prepaid. Service by publication shall be complete on the date of the first
publication. Service by posting shall be complete on the date the notice is
posted. Personal service shall be complete upon delivery. [Source: Amended
at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-4
Hearing date, continuance, or extension of time

(a) The
hearing, shall not be less than twenty (20) days after service of the complaint
and citation, provided, however, that the Board may suspend a license without
notice if the Board determines, upon the vote of three-fourths (3/4) of the
quorum present at the meeting, that an emergency exists and the Board schedules
a hearing within thirty (30) days of the date the suspension takes effect.
(b) Written motions for any continuance or extension of time shall state the
additional time desired and the reason for the request. The Secretary of the
Board may rule on these motions prior to the scheduled hearing. If the request
is denied, the party may renew the request and make a proper showing at the
hearing. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-5
Written answer, extension of time

The respondent
shall file a written answer under oath with the Board within twenty (20) days
after the service of a citation. If said answer is not filed, the respondent
shall be considered in default and appropriate sanctions may be imposed, if
the evidence is deemed sufficient by the Board. The Secretary of the Board
may extend the time within which an answer must be filed; however, in no case
shall the time be extended beyond the hearing date. [Source: Amended at 13
Ok Reg 2219, eff 6-27-96]

510:1-5-6
Prehearing procedures

(a) Discovery.
The Board and the respondent may use discovery techniques available to parties
in civil proceedings in Oklahoma courts. See Title 12 O.S., Sections 3201
Et Seq. Subpoenas to compel testimony, production of documents and inspection
of property may be issued by the president or secretary of the Board. (b)
Scheduling orders. The Board's general counsel may establish a schedule for
the parties' completion of discovery, submission of motions, identification
of witnesses and exhibits and other matters. [Source: Amended at 13 Ok Reg
2219, eff 6-27-96]

510:1-5-6.1
Hearing procedures

(a) Order
of proceeding; rules of evidence. Hearings shall be conducted in an orderly
manner by the President of the Board. The order of proceeding will follow
that which applies in civil proceedings of law. However, the rules of evidence
shall be those specified by the Oklahoma Administrative Procedures Act. (b)
Rulings of the President. The President of the Board shall rule upon the admissibility
of evidence and objections thereto, and shall rule upon other motions or objections
as they arise during the course of the hearing. The rulings of the President,
in all questions, shall be the rulings of the Board unless reversed by a majority
vote of the Board upon a party's appeal from such rulings of the President.
(c) Burden of proof. The Board's decisions will be based on clear and convincing
evidence presented at the hearing. [Source: Added at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-7
Respondent's failure to appear

Any respondent
who fails to appear at a scheduled hearing as directed by the provisions of
510:1-5-2, after first having received proper notice, shall be determined
to have waived his/her right to present a defense to the allegations in the
complaint and appropriate sanctions may be imposed by the Board if it appears,
after having reviewed the evidence, that action is warranted. [Source: Amended
at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-8
Subpoena of witnesses, evidence or records for hearing

Subpoenas
for the attendance of witnesses and for the production of evidence or records
of any kind shall be issued by the president or secretary of the Board. Subpoenas
shall be served and a return made in any manner prescribed by civil law. [Source:
Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-9
Hearing records

(a) An electronic
record will be made of all hearings conducted by the Board. A transcript of
the proceedings shall not be made except upon the written application and
payment of a deposit sufficient to pay for having the record transcribed,
according to the provisions of Title 75 O.S., Section 309. (b) The record
of the hearing and the file containing the pleadings will be maintained in
the Board's office. Tape recordings of the proceedings shall be maintained
for one year unless the proceedings are the subject of a judicial appeal.
In that case they will be preserved until the final disposition of the appeal.
[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-10
Final orders

All final
orders in individual proceedings shall be in writing. The final order shall
include Findings of Fact and Conclusions of Law, separately stated. A copy
of the final order will be mailed to each party and to his/her attorney of
record. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-10.1
Terms and conditions of probation

The Board
may impose such terms and conditions for probation, as an alternative to or
in addition to other disciplinary measures, as it deems appropriate. [Source:
Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-11
Petition for rehearing

A petition
for rehearing is not required before an appeal may be perfected in accordance
with Title 75 O.S., Section 317. A petition for rehearing, reopening or reconsideration
of a final order may be filed with the Board within ten (10) days from the
entry of the final order. It must be signed by the party or his/her attorney
or representative and must set forth the statutory grounds upon which it is
based. However, a petition for rehearing based upon fraud by any party or
procurement of the final order by perjured testimony or fictitious evidence
may be filed at any time. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-5-12
Assessment of costs

Costs may
be assessed against a respondent in accordance with 59 O.S., Section 637.1.
The amount may be determined at the hearing on the complaint and citation
or at a separate hearing conducted after the Board issues its final order.
[Source: Added at 13 Ok Reg 2219, eff 6-27-96]

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Sub-Chapter
7
RULEMAKING PROCEDURES

Section
510:1-7-1. Opportunity for public input on proposed rules
510:1-7-2. Petition for rulemaking
510:1-7-2.1. Board consideration
510:1-7-3. Notice and hearing requirements
510:1-7-4. Emergency rules

510:1-7-1
Opportunity for public input on proposed rules

For at least
20 days before it adopts, amends, or repeals any rule, the Board shall accept
data, views, arguments or other comments, presented orally or in writing,
on the proposed rule, amendment or repeal. The Board will conduct a public
hearing on a proposed rule if requested, in writing, by at least twenty-five
persons, a political subdivision, an association having at least twentyfive
members or a constitutionally or statutorily created state board, bureau,
commission, department, authority, public trust in which the state is a beneficiary
or an interstate commission. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-7-2
Petition for rulemaking

Any interested
person may petition the Board requesting the promulgation, amendment, or repeal
of a rule. The petition shall be filed with the Board and shall set forth,
clearly and concisely, all matters pertaining to the requested action and
reasons for it. The request should also state whether there is someone known
to the petitioner (by name and address) who is concerned with the subject
and who should be notified of the request. [Source: Amended at 13 Ok Reg 2219,
eff 6-27-96]

510:1-7-2.1
Board Consideration

The Board
may refer a petition for rule-making to an appropriate advisory committee
or Board subcommittee for review prior to the Board's action. The Board, the
advisory committee or the subcommittee may require the petitioner and other
interested persons to present written and oral information on the request.
The advisory committee or subcommittee review and recommendation shall not
constitute Board action. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-7-3
Notice and hearing requirements

(a) In any
rule-making action, whether initiated by the Board or by petition, the Board
shall comply with the current notice requirements in the Administrative Procedures
Act [75 O.S., Section 301 et seq.]. (b) Notice of the Board's consideration
of proposed rulemaking action shall be mailed to all interested persons who
have made a request of the Board for advance notice of the rulemaking proceedings,
or who were specified in the petition and shall be published in the Oklahoma
Register. (c) Unless otherwise specified in the notice, all hearings will
be conducted in the Office of the Board. (d) Appearance may be made individually,
or by an authorized agent. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-7-4
Emergency rules

Emergency
rules may be adopted by the Board without the notice and hearing described
in 510:1-7-3, if the Board follows the applicable provisions of the Administrative
Procedures Act. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

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Sub-Chapter
9
FORMS

Section
510:1-9-1. Forms approved by the Board

510:1-9-1
Forms approved by the Board

The Board
shall use forms for application for licensure and application for renewal
of licensure and annual registration as a dispenser of dangerous drugs that
elicit information required for the Board's action on such applications as
stated in Oklahoma law and the Board's rules. [Source: Amended at 13 Ok Reg
2219, eff 6-27-96]

Sub-Chapter
11
INTERPRETATION OF RULES

Section
510:1-11-1. Adoption of rules; fair and impartial construction
510:1-11-2. Validity of rules; separate construction

510:1-11
Adoption of rules; fair and impartial construction

The rules
contained in this Title are adopted for the purpose of simplifying procedures,
minimizing expenses and facilitating the administration of the Osteopathic
Medicine Act. To that end, this Title shall be given a fair and impartial
construction. [Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-11-2
Validity of rules; separate construction

If any section,
sentence, clause, or phrase contained in this Title shall be held, for any
reason, to be inoperative or unconstitutional, void, or invalid, the validity
of the remaining portion of this Title shall not be affected thereby, it being
the intention of the Board in adopting this Title that no portion or provision
herein shall become inoperative or fail by the reason of the unconstitutionality
or invalidity of any portion or provision, and the Board does hereby declare
it would have severally passed and adopted the provisions contained in this
Title separately and apart one from another. [Source: Amended at 13 Ok Reg
2219, eff 6-27-96]

Sub-Chapter
13
DECLARATORY RULINGS

Section
510:1-13-1. Persons who may seek a declaratory ruling
510:1-13-2. Contents of petition
510:1-13-3. Information to be furnished
510:1-13-4. Board consideration
510:1-13-5. Notice 510:1-13-6. Board action

510-1-13-1
Persons who may seek a declaratory ruling

Any person
may file a written petition seeking a declaratory ruling by the Board with
respect to the application of a statute, rule or order of the Board. [Source:
Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-13-2
Contents of petition

The petition
for a declaratory ruling shall clearly identify the statute, rule or Board
order, the facts to which the statute, rule or order is to be applied and
the question to be addressed by the declaratory ruling. The petition shall
identify (by name and address) all persons who may be directly affected by
the ruling. [Source: Added at 13 Ok Reg 2219, eff 6-27-96]

510:1-13-3
Information to be furnished

The Board
may require the petitioner to submit any information it deems pertinent to
the inquiry or useful to it in addressing the issue, including oral and documentary
evidence and citations of legal authority. [Source: Added at 13 Ok Reg 2219,
eff 6-27-96]

510:1-13-4
Board consideration

The Board
may assign a petition for declaratory ruling to an appropriate advisory committee
or Board subcommittee for its review and a recommendation. The advisory committee
or subcommittee may require submission of oral and written evidence and legal
memoranda. The advisory committee or subcommittee review and recommendation
shall not constitute final Board action. [Source: Added at 13 Ok Reg 2219,
eff 6-27-96] 510:1-13-5. Notice The Board will give advance notice of it's
consideration of the petition for declaratory ruling to the petitioner. The
Board will give notice of its final action on the petition for declaratory
ruling to the petitioner and all persons who request notice of the Board's
action on the petition. [Source: Added at 13 Ok Reg 2219, eff 6-27-96] 510:1-13-6.
Board action Board rulings shall be made in writing with a statement of appropriate
findings of fact and conclusions of law. [Source: Added at 13 Ok Reg 2219,
eff 6-27-96]

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Chapter
5
Professional Standards

	Sub-Chapter	Section
1	General Provisions	510:5-1-1 3
3	Dispensing of Dangerous Drugs	510:5-3-1 5
5	Disposal of Human Tissue	510:5-5-1 7
7	Unprofessional Conduct Relating to Prescribing or Dispensing Dangerous Drugs	510:5-7-1

[Authority:
59 O.S., §§ 620 through 645] [Source: Codified 6-27-96]

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Sub-Chapter
1
GENERAL PROVISIONS

Section
510-5-1-1. Purpose

510-5-1-1
Purpose

The purpose
of this chapter is to describe various standards for the practice of osteopathic
medicine by persons licensed by the Board. [Source: Added at 13 Ok Reg 2219,
eff 6-27-96]

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Sub-Chapter
3
DISPENSING DANGEROUS DRUGS

Section
510:5-3-1. Purpose
510:5-3-2. Definitions
510:5-3-3. Restrictions on dispensing dangerous drugs; packaging and labeling
510:5-3-4. Record keeping
510:5-3-5. Annual registration
510:5-3-6. Dispensing professional samples
510:5-3-7. Violations
510:5-3-8. Exemptions

510:5-3-1
Purpose

The purpose
of this subchapter is to provide information regarding certain statute requirements
for prescribing and dispensing dangerous drugs. (Title 59 O.S. 355 Et Seq.)
[Source: Added at 13 Ok Reg 2225, eff 6-27-96]

510:5-3-2
Definitions

The following
words or terms, when used in this Subchapter, shall have the following meaning,
unless the context clearly indicates otherwise: "Dangerous Drugs" means any
drug intended for use by man which, because of its toxicity or other potentiality
for harmful effects, or the method of its use, or the collateral measures
necessary for its use, is not safe for use except under the supervision of
a practitioner licensed by law to administer such drugs. This shall include
all drugs upon which the manufacturer or distributor has, in compliance with
federal law and regulations, placed the following: "Caution---Federal Law
prohibits dispensing without prescription". "Licensed practitioner" means
an Osteopathic Physician and Surgeon licensed to practice and authorized to
prescribe medication within the scope of his practice. "Professional samples"
means complimentary drugs packaged in accordance with federal and state statutes
and regulations and provided to a licensed practitioner free of charge in
such package by the licensed practitioner to his patients. [Source: Added
at 13 Ok Reg 2225, eff 6-27-96]

510:5-3-3
Restriction on dispensing dangerous drugs; packaging and labelling

(a) Only
a licensed Osteopathic Physician and Surgeon may dispense dangerous drugs
to patients and only for the expressed purpose of serving the best interests
and promoting the patient welfare. (b) The dangerous drugs shall be dispensed
in an appropriate container to which a label has been affixed. This label
shall include the name and office address of the licensed osteopathic physician,
date dispensed, name of patient, directions for administration, the prescription
number, the trade or generic name of the substance, the quantity and strength,
of the drug therein contained. This requirement shall not apply to compound
medicines. [Source: Added at 13 Ok Reg 2225, eff 6-27-96]

510:5-3-4
Record keeping

A licensed
osteopathic physician shall keep a suitable book, file, or record of each
and every dangerous drug compounded or dispensed by him/her. This book, file,
or record shall be kept for a period of not less than five (5) years. This
book, file, or record shall be maintained separately from all other records
of the registrant and must be open for inspection and copying by the Board.
[Source: Added at 13 Ok Reg 2225, eff 6-27-96]

510:5-3-5
Annual registration

(a) A licensed
osteopathic physician desiring to dispense dangerous drugs shall register
annually with the Board as a dispenser. Forms for registration shall be provided
by the Board. Registration shall be done on or before the first day of July
annually. Each such application shall be accompanied by the appropriate fee.
(b) Only an individual holding a valid license in good standing issued by
the Oklahoma State Board of Osteopathic Examiners may register as a dispenser.
[Source: Added at 13 Ok Reg 2225, eff 6-27-96]

510:5-3-6
Dispensing professional samples

A licensed
osteopathic physician who dispenses professional samples of dangerous drugs
to his or her patients shall be exempt from the provisions of 510:5-3-5 if:
(1) the licensed osteopathic physician furnishes the professional samples
to the patient in the package provided by the manufacturer; and (2) no charge
is made to the patient; and (3) an appropriate record is entered in the patient's
chart. [Source: Added at 13 Ok Reg 2225, eff 6-27-96]

510:5-3-7
Violations

The violation
of any provision of this subchapter shall constitute unprofessional conduct,
for which an application for licensure or reinstatement may be denied and
for which appropriate sanctions may be imposed on a licensee. [Source: Added
at 13 Ok Reg 2225, eff 6-27-96]

510:5-3-8
Exemptions

This subchapter
does not apply to drugs dispensed by the State Department of Health or the
State Department of Mental Health and Substance Abuse Services. The requirements
of Sections 5 and 6 of this subchapter do not apply to drugs dispensed by
non- professional or other organizations described in 59 O.S. Section 355.1(E).
[Source: Added at 13 Ok Reg 2225, eff 6-27-96]

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Sub-Chapter
5
DISPOSAL OF HUMAN TISSUE

Section
510:5-5-1. Purpose
510:5-5-2. Definitions
510:5-5-3. Method of disposal
510:5-5-4. Violations
510:5-5-5. Compliance

510:5-5-1
Purpose

The purpose
of this subchapter is to provide guidance to osteopathic physicians for the
disposal of human tissue and to provide notice of a penalty for any violation
of this subchapter. [Source: Added at 13 Ok Reg 2225, eff 6-27-96]

510:5-5-2
Definitions

The following
words or terms, when used in this subchapter, shall have the following meaning,
unless the context clearly indicates otherwise: "Conviction" means a finding,
by the Board, that a physician did violate any provision of this subchapter.
"Human tissue" means all parts of the human body recognizable as such without
the use of specialized equipment. "Physician" means a person licensed under
the provisions of Title 59 O.S., Section 620 et seq. [Source: Added at 13
Ok Reg 2225, eff 6-27-96]

510:5-5-3
Method of disposal

(a) All
human tissue, which is collected in the course of the diagnosis and/or treatment
of any human condition by a doctor of osteopathic medicine, his employee or
agent, must be handled in one of the following ways: (1) Sent for analysis
and possible retention as a surgical specimen; (2) Sent for autopsy; (3) Sent
for embalming and burial in accordance with accepted interment standards;
or, (4) Sent for disposal by incineration in a pathological incinerator in
the same manner as hazardous medical waste is handled under the applicable
state statutes, rules and regulations. (b) Noting in this Section shall preclude
the doctor's right to use human tissue for the treatment of disease or injury.
Likewise, the doctor shall have the right to assist in arranging appropriate
donations through the process of the Anatomical Board, under the provisions
of the Anatomical Gift Act or the preservation of human tissue for other legitimate
educational purpose in any accredited educational endeavor. (c) In no event
shall any person knowingly dispose of any human tissue in a public or private
dump, refuse or disposal site or place open to public view. [Source: Added
at 13 Ok Reg 2225, eff 6-27-96]

510:5-5-4
Violations

Any osteopathic
physician who violates or whose employees or agents violate this subchapter
shall, upon conviction in a hearing before the Board, be fined an amount not
to exceed Ten Thousand Dollars ($10,000.00). [Source: Added at 13 Ok Reg 2225,
eff 6-27-96]

510:5-5-5
Compliance

A presumption
of compliance occurs once the attending physician has executed one of the
methods of handling described in 510:5-5-3 and his responsibility is deemed
fulfilled. In no event shall the osteopathic physician be responsible for
the acts or omissions of any other licensed professional, independent contractor
or other indirect assistant incidental to the ultimate disposal of human tissue
by any of the designated methods. [Source: Added at 13 Ok Reg 2225, eff 6-27-96]

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Sub-Chapter
7
UNPROFESSIONAL CONDUCT RELATING TO PRESCRIBING OR DISPENSING DANGEROUS DRUGS

Section
510:5-7-1. Unprofessional conduct relating to prescribing or dispensing dangerous
drugs.

510:5-7-1
Unprofessional conduct relating to prescribing or dispensing dangerous drugs

The Board
has the right to refuse to issue, renew or reinstate a license and may revoke
a license or impose other appropriate sanctions for unprofessional conduct.
In addition to those acts of unprofessional conduct listed in Title 59 O.S.,
Section 637 the following acts shall be included without limiting, in any
way the Board's ability to interpret other acts as unprofessional conduct:
(1) Indiscriminate or excessive prescribing, dispensing or administering controlled
dangerous drugs. (2) Issuing prescriptions for controlled dangerous drugs
to minors in violation of Title 63 O.S. (3) Purchasing, prescribing, dispensing,
or administering any controlled dangerous drug or other regulated substance
in Schedule I through V, as those schedules are defined in Title 63 O.S. chapter
2, Sections 2-101 et seq. for the physician¹s personal use unless it is prescribed,
dispensed or administered by another physician who is licensed to do so. (4)
The delegation of authority to another person for the signing of prescriptions,
whether controlled dangerous substances or otherwise. (5) Any violation of
any provisions of Title 63 O.S., Chapter 2, Sections 2-101 et seq or the Uniform
Controlled Dangerous Substances Act. [Source: Added at 13 Ok Reg 2225, eff
6-27-96]

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Sub-Chapter
9
PRESCRIBING FOR INTRACTABLE PAIN

Section
510:5-9-1. Purpose
510:5-9-2. Guidelines and requirements
510:5-9-3. Violations [Source: Codified 6-25-99]

510:5-9-1
Purpose

The purpose
of this subchapter is to provide guidelines and requirements for osteopathic
physicians who prescribe for chronic, intractable pain.

510:5-9-2
Guidelines and requirements

This rule
requires that diagnosis be documented, it requires that certain records be
maintained, and it requires that the physician must discuss the risks and
benefits with the patient or the patient¹s guardian. (1) To treat a patient¹s
intractable pain, as long as the benefit of the expected relief outweighs
the risk, even if the use of the drug increases the risk of death, so long
as it is not furnished for the purpose of causing, or the purpose of assisting
in causing death, the physician may prescribe or administer Schedule II, III,
IV or V controlled dangerous substances or other pain relieving drugs in higher
than normal dosages when, in that physician¹s judgment, the higher dosages
are necessary to produce the desired therapeutic effect. (2) The determination
of intractable pain must include a complete medical history and physical examination
which includes an assessment of the patient¹s pain, physical and psychological
function, substance abuse history, underlying or co-existing diseases or conditions
and the presence of a recognized medical indication for the use of an analgesic.
(3) The treatment plan must state objectives by which treatment success can
be evaluated, such as pain relief and or improved physical and psychological
function, and must indicate what further diagnostic evaluations or other treatments
are planned. The drug therapy must be tailored to the individual needs of
each patient. (4) The course of treatment and any new information about the
etiology of the intractable pain must be reviewed periodically, at least annually,
with consideration given to referral for a current second opinion. The continuation
or modification of treatment will depend on the results of this review and
the evaluation of the patient¹s progress toward the treatment objectives.
If the patient has not improved, the physician must assess the appropriateness
of continuing the current therapy and the trial of other modalities. (5) The
management of intractable pain in patients with a history of substance abuse
requires extra care, monitoring, documentation and consultation with addiction
medicine specialists, and may include the use of agreements between the physician
and patient specifying rules for medication use and consequences for its misuse.
(6) The physician must discuss the risks and benefits of the use of controlled
substances with the patient or the patient¹s guardian and obtain informed
consent prior to proceeding if it substantially increases the risk of death.
(7) Accurate and complete records documenting these requirements must be kept.
(8) To prescribe controlled substances, the physician must be licensed in
Oklahoma, have a valid controlled substances registration and comply with
federal and state regulations for issuing controlled substances prescriptions.
(9) Expert clinical testimony may be used to prove a violation of this rule.
As used herein, a "clinical expert" is a physician who, by reason of specialized
education or substantial relevant experience in pain management, has knowledge
regarding current standards, practices and guidelines. (10) Nothing in this
rule shall limit a physician¹s authority to prescribe or administer prescription
drug products beyond the customary indications as noted in the manufacturer¹s
package insert for use in treating intractable pain, provided the drug is
recognized for treatment of intractable pain in standard reference compendia
or medical literature.

510:5-9-3.
Violations

The violation
of any provision of this subchapter shall constitute unprofessional conduct,
for which an application for licensure or reinstatement may be denied and
for which appropriate sanctions may be imposed.

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Chapter
10
Licensure of Osteopathic Physicians & Surgeons

	Sub-Chapter	Section
1	General Provisions	510:10-1-1 3
3	Licensure Requirements	510:10-3-1 4
4	Osteopathic Supervision of Advanced Nurse Practitioners	510:10-4-1 5
5	Registration to Dispense Dangerous Drugs [REVOKED	510:10-5-1 6
6	Disposal of Human Tissue [REVOKED]	510:10-6-1 7
7	Fee Schedule	510:10-7-1

[Authority:
59 O.S., §§ 620 through 645] [Source: Codified 12-27-91]

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Sub-Chapter
9
GENERAL PROVISIONS

Section
510:10-1-1. Purpose

510:10-1-1
Purpose

The purpose
of this chapter is to describe the process of licensure for applicants, renewal
for current license holders and annual registration requirements for dispension
of drugs. [Source: Amended at 13 Ok Reg 2229, eff 6-27-96]

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Sub-Chapter
3
LICENSURE REQUIREMENTS

Section
510:10-3-1. General licensure requirements
510:10-3-2. Application for licensure
510:10-3-3. Licensure by examination
510:10-3-4. Licensure by endorsement
510:10-3-5. Other criteria
510:10-3-6. Display of license
510:10-3-7. Duplicate license
510:10-3-8. Annual registration
510:10-3-9. Degree Designation

510:10-3-1
General licensure requirements

(a) Licensure
by Board required. It is the general requirement in the State of Oklahoma
that practitioners of osteopathic medicine and surgery be licensed by the
State Board of Osteopathic Examiners. (b) Temporary license. The Osteopathic
Medicine Act does not authorize the Board to issue a temporary license for
any purpose. (c) Postgraduate training. One year of postgraduate training
is a requirement for licensure. This experience must be in the form of a rotating
internship or its equivalent, in an accredited internship or residency program
acceptable to the Board. To be deemed equivalent to a rotating internship
and, acceptable to the Board, a program must provide the following: (1) The
program must provide the following core experience: (A) One (1) month - General
Practice (B) Two (2) months - General Internal Medicine (C) One (1) month
- General Surgery (D) One (1) month - Obstetrics/Gynecology (E) One (1) month
- Pediatrics (2) This core experience must be supplemented by three (3) months
of Selectives and three (3) months of Electives, accounting for a total of
twelve (12) months. A Selective may be defined as any core category or Emergency
Medicine. An Elective may be any category of experience chosen by the intern
or resident. (3) If an applicant has completed an ACGME accredited residency
training program and become specialty board eligible or attained specialty
board certification, the Board may consider this standing as equivalent training.
(d) Application. All candidates for examination or licensure must make application
on a form furnished by the Board. No application will be approved until fully
complete, in every respect, including photograph and fingerprints, with non-refundable
fee paid. In addition to the application form, each candidate must also provide
the following materials: (1) Two letters of reference from Doctors of Osteopathic
Medicine who know the applicant personally. These may be worded in any appropriate
manner, but they should specifically state a recommendation for licensure
in the State of Oklahoma. Each letter must be notarized. (2) Photocopies of
all of the items in (A) through (D) of this paragraph must be notarized as
true copies of the originals. (A) the diploma conferring the Doctor of Osteopathic
Medicine or Doctor of Osteopathy degree; (B) the postgraduate training certificate
for both internship and residency, as applicable; (C) certificate of specialty
board certification, as applicable; (D) the license being used as a basis
for reciprocity (which must be by examination), if applicable, or the Certificate
of Diplomacy of the National Board of Osteopathic Medical Examiners, if that
is the basis of the application. (3) Letters of good standing which state
no disciplinary actions were taken against the candidate from: (A) all hospitals
where the candidate has practiced; (B) all osteopathic associations of which
the candidate is a member; (C) the Dean of the osteopathic college from which
the candidate graduated; (D) the Director of Medical Education from each place
where the candidate is or has been an intern or resident. (4) Verification
of standing from each state where the candidate has held a license, whether
that license is current or inactive and whether or not the candidate has been
the subject of any disciplinary action in that state. (5) A curriculum vitae
which accounts for all of the candidates time and activity, chronologically,
from the time of high school graduation to the present. (6) A report from
the National Practitioner Data Bank, which the candidate must request and
which must be received by the Board directly. (e) Interview. The Board may
require a personal interview. (f) Beginning of practice. Applicants for licensure,
either by examination, reciprocity or endorsement, must not begin practice
until they are in possession of their license. [Source: Amended at 11 Ok Reg
3419, eff 6-27-94; Amended at 13 Ok Reg 2229, eff 6-27-96]

510:10-3-2
Application for licensure

(a) Photographs,
fingerprints, and personal interview. Applicants for licensure as an osteopathic
physician and surgeon must be identified by a recent personal photograph,
as outlined in the application for endorsement or examination; fingerprints
certified by a law enforcement officer should be included. The Board may require,
at its own discretion, a personal interview. (b) Osteopathic diploma. A photostatic
copy or photographic reproduction of the applicant's diploma must accompany
all applications for examination or endorsement. If the applicant's diploma
has been lost, a sworn statement from the Dean or Registrar of the Osteopathic
College issuing the diploma shall be furnished in lieu thereof. The original
diploma or certificate should not be mailed or attached to such application.

510:10-3-3
Licensure by examination

(a) Examination
Requirements. To be consistent with the expressed public policy of the State
of Oklahoma affecting the licensure of osteopathic physicians and surgeons
under the provisions of the Osteopathic Medicine Act candidates for licensure
must be examined by a vehicle which tests the individual's basic osteopathic
knowledge and skill embracing the same philosophy as that in which the candidate
was educated. Neither the Flex (Federation Licensing Examination) nor the
USMLE (United States Medical Licensure Examination) examines a candidate in
Osteopathic Principles. Therefore, neither of these examinations, alone, can
be a basis for licensure. (b) Postgraduate training. An applicant may take
either the State or National examination before completing the required year
of postgraduate training, provided that no license will be issued until evidence
of the satisfactory completion of that year is filed with the Board. (c) State
and National examinations; failure of examination. Any person seeking licensure
as an osteopathic physician and surgeon by taking the State or National examination
must meet all other requirements. (1) State examination. The State Board of
Osteopathic Examiners will use the standardized test furnished by the National
Board of Osteopathic Medical Examiners for state board administration. It
will be administered, upon the request of a candidate(s), on the schedule
of availability published each year by the National Board of Osteopathic Medical
Examiners. A candidate shall pass the examination by achieving a Minimum Total
Passing Score or above, as calculated by the National Board of Osteopathic
Medical Examiners. If a candidate fails the examination, no license can be
granted until the examination, is passed. The candidate may, based upon the
availability of the examination, take the test no more than three (3) times.
(2) National examination. Candidates may be licensed upon the successful completion
of the examination sequence of the National Board of Osteopathic Medical Examiners.
The candidate must submit proof of having achieved a Minimum Total Passing
Score or above on tests administered through the National Board of Osteopathic
Medical Examiners. [Source: Amended at 11 Ok Reg 3419, eff 6-27-94]

510:10-3-4
Licensure by endorsement

(a) Reciprocity.
An applicant for licensure by reciprocity, who has been successfully examined
by the licensing board of any other state, territory of the United States
or the District of Columbia, using an examination sufficient to test the applicant
in osteopathic medicine and surgery, and having received scores not less than
those required by the Oklahoma State Board of Osteopathic Examiners, and who
is licensed in that state, territory of the United States or district of Columbia,
and, in addition, presents the required documentation that the applicant has
fulfilled all scholastic and other requirements of the Board, may, at the
discretion of the Board, be licensed without further examination. Such applicants
may be required to appear before the Board. (b) Endorsement of the National
Board of Osteopathic Examiners. An applicant who has successfully completed
all three parts of the examination sequence of the National Board of Osteopathic
Medical Examiners and, who presents the required documentation of having met
all of the scholastic and other requirements of the Board, may, at the discretion
of the Board, be licensed without further examination. (c) Board discretion.
The Board may refuse to grant a license by reciprocity or endorsement to any
applicant who has failed any examination administered by the Oklahoma Board
of Osteopathic Examiners. (d) Reciprocity fee. The fee for reciprocal licensure
is $400.00. [Source: Amended at 11 Ok Reg 3419, eff 6-27-94]

510:10-3-5.
Other criteria

An application
for licensure may be denied if the applicant has engaged in any of the conduct
discribed at Title 59 O.S. Section 637 or any other conduct prescribed by
statute or Board rule. [Source: Amended at 13 Ok Reg 2229, eff 6-27-96]

510:10-3-6.
Display of license

All persons
licensed under the Osteopathic Medicine Act, who are practicing osteopathic
medicine in the State of Oklahoma, shall prominently display their current
annual certificate of licensure in the primary place of practice. Anyone regularly
practicing at more than one location may receive a duplicate renewal certificate
upon request. [Source: Amended at 11 Ok Reg 3419, eff 6-27-94]

510:10-3-7.
Duplicate license

Upon the
presentation of an affidavit and satisfactory proof that a licensee's original
license had been lost, stolen or destroyed, the Board may issue a duplicate
license. Such duplicate license shall carry the notation that it is a duplicate
to replace the original. A fee of fifty ($50.00) dollars will be charged.
[Source: Amended at 11 Ok Reg 3419, eff 6-27-94]

510:10-3-8.
Annual registration

(a) Continuing
education required. Annual license renewal requires proof of having attended
and received credit for sixteen (16) American Osteopathic Association category
1 hours of Continuing Medical Education (CME) credit. One (1) hour every other
year of the required sixteen (16) hours shall be devoted to the subject of
the proper prescribing, dispensing, and administering of Controlled Dangerous
Substances (CDS) as defined in Title 21, Code of Federal Regulations, Part
1308 or Title 63 of the Oklahoma Statutes. (1) This one (1) hour program of
CME shall be obtained at a seminar approved by the State Board of Osteopathic
Examiners. (2) Certification of attendance shall be provided by the organization
sponsoring the program via sign-in. (3) Those osteopathic physicians who are
licensed in Oklahoma, but not practicing in this state, or physicians who
do not possess the State Bureau of Narcotics and Drug Enforcement Administration
authority to handle CDS are exempt from this reqirement. (b) Fee required.
Those licensed osteopathic physicians who reside or practice in the State
of Oklahoma must pay an annual renewal fee of two hundred dollars ($200.00).
Those licensed osteopathic physicians who reside and practice outside the
state must pay an annual renewal fee of one hundred thirty dollars ($130.00).
A late penalty may also be charged for those who are not renewed by the first
day of July of each year. (c) Failure to meet requirements. Upon the failure
of a licensee to meet the requirements for license renewal, the licensee shall
forfeit the right to practice osteopathic medicine in the State of Oklahoma
as outlined in 59 O.S. Section 624. (d) Dispensing registration. Licensees
wishing to dispense shall register annually as required by OAC

510:5-3-5.
[Source: Amended at 11 Ok Reg 3419, eff 6-27-1994; Amended at 13 Ok Reg 2229,
eff 6-27-1996; Amended at 17 Ok Reg 3176, eff 7-27-2000]

510:10-3-9.
Degree Designation

In all communications regarding matters relating to the practice of osteopathic
medicine, licensees shall clearly state their academic degree and license
designation by the use of the term "D.O." or "Doctor of Osteopathy" or "Doctor
of Osteopathic Medicine". By way of example, this rule requires use of the
stated designation on a licensee's stationery, business cards, advertisements,
prescription blanks, signs and public listings and displays. [Source: Amended
at 13 Ok Reg 2229, eff 6-27-96]

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Sub-Chapter
4
OSTEOPATHIC SUPERVISION OF ADVANCED NURSE PRACTITIONERS

Section
510:10-4-1. Purpose
510:10-4-2. Definitions
510:10-4-3. Responsibility of the supervising osteopathic physician [Source:
Codified 6-25-98]

510:10-4-1
Purpose

The purpose
of this Subchapter is to set forth the requirements for osteopathic physicians
to supervise the advanced practice nurse with prescriptive authority pursuant
to 59 O.S., Section 567.1 et seq.

510:10-4-2
Definitions

The following
words and terms used in this Subchapter, shall have the following meaning
unless the context clearly indicates otherwise: "Board" means the State Board
of Osteopathic Examiners. "Proper physician supervision" means the supervising
physician should regularly and routinely review the prescriptive practices
and patterns of the advanced practice nurse with prescriptive authority. Proper
physician supervision of the advanced practice nurse with prescriptive authority
is essential. "Supervision" implies that there is appropriate referral and
consultation between the advanced practice nurse and the supervising physician.

510:10-4-3.
Responsibility of the supervising osteopathic physician

To be eligible
to serve as a supervising physician for the advanced practice nurse with prescriptive
authority, an osteopathic physician shall meet the following criteria: (1)
Have possession of a full and unrestricted Oklahoma license to practice osteopathic
medicine; with Drug Enforcement Agency (DEA) and Oklahoma Bureau of Narcotics
and Dangerous Drugs Control (OBNDD) permits for any drug on the formulary
as defined in the Oklahoma Nursing Practice Act. (2) The supervising physician
shall be in full time practice with a minimum of 20 hours per week of direct
patient contact. (3) The supervising physician shall be trained and fully
qualified in the field of the advanced practice nurse¹s specialty. (4) No
physician shall supervise more than two (2) full time equivalent advanced
practice nurses regarding their prescriptive authority at any one time. For
purposes of this section each "full time equivalent" advanced practice nurse
position equals forty (40) hours per week collectively worked by the part-time
advanced practice nurses being supervised by the physician. (5) Notwithstanding
the provisions for the supervision of two (2) full time equivalent advanced
practice nurses above, no physician shall supervise more than a total of four
(4) advanced practice nurses. (6) The Board may make an exception to any limit
set herein upon request by the physician.

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Sub-Chapter
4
FEE SCHEDULE

Section
510:10-7-1. Fees for licensure

510:10-7-1
Fees for licensure

The following
fees shall apply for licensure as an osteopathic physician and surgeon: (1)
Fee for Exam $575.00 (2) Renewal Fee for license (Physician/Surgeon) (A) In-State
Renewal $200.00 (B) Out-of-State Renewal $130.00 (3) Certificate of Grades
(Form Letter) $ 50.00 (4) Duplicate License (Physician/Surgeon) $ 50.00 (5)
Endorsement Application Fee $400.00 (6) Late Re-registration Fee $100.00 (7)
Copies of Records (per page) $ .25 (8) Verification of Licensure $ 25.00 (9)
Supplemental Report & Research $ 20.00 hr (10) Registration to Dispense Dangerous
Drugs $ 25.00 (11) Reciprocity Fee $400.00 (12) Licensure Data Base (A) Fee
for list $ 50.00 (B) Fee for disk $ 50.00 (13) Fee for Certification of Files
$ 5.00 (14) Returned Check Fee $ 25.00 (15) Hand Grading Examination $ 75.00

[Source:
Amended at 13 Ok Reg 2229, eff 6-27-1996; Amended at 17 Ok Reg 3176, eff 7-27-2000]
OSBOE Document ­ 11/08/2000