§ 59-353.26. Revocation or suspension of certificate, license or permit - Grounds - Procedure.

A.  The State Board of Pharmacy may:

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:

a.violates any provision of the Oklahoma Pharmacy Act,

b.violates any of the provisions of the Uniform Controlled Dangerous Substances Act,

c.has been convicted of a felony or has pleaded guilty or no contest to a felony,

d.engages in the practice of pharmacy while incapacitated or abuses intoxicating liquors or other chemical substances,

e.conducts himself or herself in a manner likely to lower public esteem for the profession of pharmacy,

f.has been disciplined by another State Board of Pharmacy or by another state or federal entity,

g.has been legally adjudged to be not mentally competent, or

h.exercises conduct and habits inconsistent with the rules of professional conduct established by the Board; and

2.  Levy administrative fines not to exceed Three Thousand Dollars ($3,000.00) for each count of which any holder of a certificate, license, or permit has been convicted in Board hearings.

B.  1.  The Board, its employees, or other agents of the Board 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 and the information then becomes a public record.  To ensure the confidentiality of such information obtained during the investigation but not introduced in administrative proceedings, this information shall not be deemed to be a record as that term is defined in the Oklahoma Open Records Act, nor shall the information be subject to subpoena or discovery in any civil or criminal proceedings, except that the Board may give such information to law enforcement and other state agencies as necessary and appropriate in the discharge of the duties of that agency and only under circumstances that ensure against unauthorized access to the information.

2.  The respondent may acquire information obtained during an investigation, unless the disclosure of the information is otherwise prohibited, except for the investigative report, if the respondent signs a protective order whereby the respondent agrees to use the information solely for the purpose of defense in the Board proceeding and in any appeal therefrom and agrees not to otherwise disclose the information.

C.  1.  The Board shall mail by certified mail to respondent at the last address provided by respondent to the Board, at least ten (10) days before the hearing, the sworn complaint filed with its Executive Director against respondent and notice of the date and place of a hearing thereon.  Alternatively, the Board may serve respondent personally by any person appointed to make service by the Executive Director of the Board and in any manner authorized by the law of this state for the personal service of summonses in proceedings in a state court.  If the Board finds that the allegations of the complaint are supported by the evidence rendered at the hearing, the Board is hereby authorized and empowered to, by written order, revoke permanently or suspend for a designated period, the certificate, license or permit of the respondent and/or reprimand, place on probation and/or fine the respondent.

2.  The Board may, upon written application therefor and in the exercise of its official discretion, cancel the order.

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.

D.  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 Fifty Dollars ($150.00) as a condition of reinstatement of the license.

Added by Laws 1961, p. 452, § 26, emerg. eff. May 22, 1961.  Amended by Laws 1976, c. 83, § 5, emerg. eff. May 3, 1976; Laws 1981, c. 75, § 4, emerg. eff. April 16, 1981; Laws 1982, c. 172, § 5, emerg. eff. April 16, 1982; Laws 1993, c. 199, § 19, emerg. eff. May 24, 1993; Laws 2002, c. 408, § 4, emerg. eff. June 5, 2002; Laws 2004, c. 523, § 22, emerg. eff. June 9, 2004; Laws 2009, c. 321, § 20, eff. Nov. 1, 2009.