Oklahoma Administrative Code Title 435 - State Board of Medical Licensure and Supervision
Oklahoma Administrative Code
Title 435 – State Board of Medical Licensure and Supervision
Overview
The Oklahoma State Board of Medical Licensure and Supervision (OSBMLS) is the regulatory body responsible for licensing, regulating, and disciplining medical professionals in Oklahoma. This includes medical doctors (MDs), osteopathic physicians (DOs), and certain other health care practitioners under its jurisdiction.
Title 435 of the OAC sets forth the administrative rules governing the licensing process, professional conduct standards, disciplinary procedures, continuing education, and other regulatory aspects that ensure the competency and ethical behavior of licensed practitioners.
Legal Authority
The Board’s authority stems primarily from the Oklahoma Medical Practice Act (Title 59, Oklahoma Statutes, §§ 481–505).
The OSBMLS is empowered by statute to license physicians, regulate medical practice, investigate complaints, conduct hearings, and impose disciplinary actions.
The Board’s administrative rules codified in Title 435 provide detailed procedural and substantive regulations consistent with the enabling statutes.
Purpose and Mission
The Board exists to:
Protect the public by ensuring that only qualified, ethical medical professionals practice in Oklahoma.
Promote high standards of medical care.
Investigate allegations of professional misconduct or incompetence.
Enforce compliance with laws and regulations through disciplinary actions.
Key Functions and Regulatory Areas
1. Licensing
Sets standards for initial licensure of MDs, DOs, physician assistants, and other health care providers.
Requirements include education, examination (e.g., USMLE or COMLEX), background checks, and verification of credentials.
Provides rules for temporary, inactive, or retired licenses.
2. Continuing Medical Education (CME)
Requires licensed physicians to complete a minimum number of CME hours every renewal cycle.
Establishes approved CME activities and documentation requirements.
3. Practice Standards and Conduct
Defines professional conduct standards to prevent malpractice, fraud, substance abuse, or unethical behavior.
Regulates advertising by licensed practitioners.
Establishes rules on prescribing controlled substances, requiring compliance with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
4. Disciplinary Procedures
Outlines procedures for investigation of complaints.
Provides for administrative hearings, due process, and appeal rights.
Lists grounds for disciplinary action, such as unprofessional conduct, gross negligence, criminal convictions, and violation of Board rules.
Possible sanctions include license suspension, revocation, probation, fines, or reprimands.
5. Physician Assistant and Other Allied Health Provider Regulation
Specifies supervision requirements for physician assistants.
Licensing and regulatory requirements for certain other practitioners (e.g., acupuncturists).
Structure of Title 435
Rules are generally organized into the following sections:
General Provisions and Definitions
Licensing and Examination Requirements
Renewal and Continuing Education
Standards of Practice
Disciplinary Procedures
Controlled Substance Regulations
Miscellaneous Provisions
Detailed Regulatory Highlights
Licensing
Applicants must provide detailed documentation of education, postgraduate training, and examination scores.
Criminal background checks are mandatory.
The Board may require additional assessments for applicants with disciplinary history.
Continuing Education
Physicians must complete 40 hours of CME every two years, including ethics and pain management.
CME credits must be from Board-approved providers.
Disciplinary Process
Complaints are reviewed by Board investigators and legal counsel.
The accused licensee is entitled to a hearing before an administrative law judge or the Board.
Decisions may be appealed in state court.
Controlled Substances
The Board regulates the prescription of controlled substances to prevent abuse and diversion.
Physicians must register with the state’s narcotics control agency.
Relevant Oklahoma Case Law
1. State Board of Medical Licensure & Supervision v. Johnson, 1998 OK 45
Issue: The Board’s authority to suspend a physician’s license based on findings of unprofessional conduct.
Holding: The Oklahoma Supreme Court upheld the Board’s broad discretion to suspend licenses to protect the public.
Significance: Confirms the Board’s power to act proactively in disciplining physicians for conduct threatening public safety.
2. State Board of Medical Licensure & Supervision v. Evans, 2002 OK CIV APP 78
Issue: Due process rights of physicians facing disciplinary hearings.
Holding: The court ruled that the Board must provide fair notice and opportunity to be heard, but procedural flexibility is allowed.
Significance: Balances physician rights with the Board’s regulatory function.
3. Smith v. State Board of Medical Licensure & Supervision, 2011 OK CIV APP 36
Issue: Whether the Board’s refusal to reinstate a license was arbitrary.
Holding: The court deferred to the Board’s expertise, finding no abuse of discretion.
Significance: Highlights judicial deference to administrative expertise in medical licensure.
4. Oklahoma State Board of Medical Licensure & Supervision v. Taylor, 2015 OK 29
Issue: Sanctions for overprescribing controlled substances.
Holding: The court upheld disciplinary sanctions, emphasizing the Board’s role in regulating prescription practices.
Significance: Reinforces the Board’s authority to regulate controlled substances to prevent abuse.
Summary Table
Category | Details |
---|---|
Regulatory Body | Oklahoma State Board of Medical Licensure and Supervision |
Legal Authority | Oklahoma Medical Practice Act (Title 59 O.S.) and OAC Title 435 |
Licensing Requirements | Education, exams (USMLE/COMLEX), background checks |
Continuing Education | 40 hours biennially, ethics, pain management |
Professional Conduct | Standards, advertising rules, prescription regulations |
Disciplinary Actions | Suspension, revocation, probation, fines |
Due Process | Administrative hearings, appeals |
Controlled Substances | Prescription monitoring and regulation |
Practical Implications
Physicians and other licensees must strictly comply with licensing, CME, and practice standards.
The Board plays a critical role in protecting public health by enforcing high standards and disciplining violations.
Due process protections exist but courts generally defer to the Board’s expertise.
Regulation of controlled substances is a significant area due to the opioid crisis and concerns about abuse.
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