§ 59-148 — Violations – Definitions.

A. The following acts or occurrences by a podiatric physician shall constitute grounds for which the penalties specified in Section 147 of this title may be imposed by order of the Board of Podiatric Medical Examiners: 1. Willfully making a false and material statement to the Board, either before or after the issuance of a license; 2. Pleading guilty or nolo contendere to, or being convicted of, a felony crime that substantially relates to the practice of podiatric medicine and poses a reasonable threat to public safety; 3. Using alcohol, any drug, or any other substance which impairs the licensee to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public; 4. Being mentally or physically incapacitated to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public; 5. Making any advertisement, statement, or representation which is untrue or improbable and calculated by the licensee to deceive, defraud or mislead the public or patients; 6. Practicing fraud by omission or commission in the examination given by the Board, or in obtaining a license, or in obtaining renewal or reinstatement of a license; 7. Failing to pay or cause to be paid promptly when due any fee required by the Podiatric Medicine Practice Act or the rules of the Board; 8. Practicing podiatric medicine in an unsafe or unsanitary manner or place; 9. Performing, or attempting to perform, any surgery for which the licensee has not had reasonable training; 10. Gross and willful neglect of duty as a member or officer of the Board; 11. Dividing with any person, firm, corporation, or other legal entity any fee or other compensation for services as a podiatric physician, except with: a. another podiatric physician, b. an applicant for a license who is observing or assisting the licensee as an intern, preceptee or resident, as authorized by the rules of the Board, or c. a practitioner of another branch of the healing arts who is duly licensed under the laws of this state or another state, district or territory of the United States, who has actually provided services, directly or indirectly, to the patient from or for whom the fee or other compensation is received, or at the time of the services is an active associate of the licensee in the lawful practice of podiatric medicine in this state; 12. Violating or attempting to violate the provisions of the Podiatric Medicine Practice Act, the Code of Ethics, or the rules of the Board; and 13. Prescribing, dispensing or administering opioid drugs in excess of the maximum limits authorized in Section 2-309I of Title 63 of the Oklahoma Statutes. B. Commitment of a licensee to an institution for the mentally ill shall constitute prima facie evidence that the licensee is mentally incapacitated to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public. C. As used in this section: 1. "Substantially relates" 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 necessarily related to the occupation; and 2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Legislative History

Added by Laws 1955, p. 314, § 13, emerg. eff. May 23, 1955. Amended by Laws 1993, c. 150, § 12, eff. Sept. 1, 1993; Laws 1997, c. 222, § 3, eff. Nov. 1, 1997; Laws 2019, c. 363, § 7, eff. Nov. 1, 2019; Laws 2020, c. 161, § 30, emerg. eff. May 21, 2020. NOTE: Laws 2019, c. 428, § 2 repealed by Laws 2020, c. 161, § 31, emerg. eff. May 21, 2020.