§ 59-513. Quasi-judicial powers of Board - Appeals to Supreme Court - Revocation on conviction of felony - Fugitive from justice.  


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  • A.  1.  The State Board of Medical Licensure and Supervision is hereby given quasi-judicial powers while sitting as a Board for the purpose of revoking, suspending or imposing other disciplinary actions upon the license of physicians or surgeons of this state, and appeals from its decisions shall be taken to the Supreme Court of this state within thirty (30) days of the date that a copy of the decision is mailed to the appellant, as shown by the certificate of mailing attached to the decision.

    2.  The license of any physician or surgeon who has been convicted of any felony in or without the State of Oklahoma and whether in a state or federal court, may be suspended by the Board upon the submission thereto of a certified copy of the judgment and sentence of the trial court and the certificate of the clerk of the court of the conviction.

    3.  Upon proof of a final felony conviction by the courts and after exhaustion of the appellate process, the Board shall revoke the physician’s license.  If the felony conviction is overturned on appeal and no other appeals are sought, the Board shall restore the license of the physician.  Suspension or revocation of the license of any person convicted of a felony on any other grounds than that of moral turpitude or the violation of the federal or state narcotic laws, shall be on the merits of the particular case, but the court records in the trial of such case when conviction has been had shall be prima facie evidence of the conviction.

    4.  The Board shall also revoke and cancel the license of any physician or surgeon who has been charged in a court of record of this or other states of the United States or in the federal court with the commission of a felony and who is a fugitive from justice, upon the submission of a certified copy of the charge together with a certificate from the clerk of the court that after the commitment of the crime the physician or surgeon fled from the jurisdiction of the court and is a fugitive from justice.

    B.  To the extent necessary to allow the Board the power to enforce disciplinary actions imposed by the Board, in the exercise of its authority, the Board may punish willful violations of its orders and impose additional penalties as allowed by Section 509.1 of this title.

Added by Laws 1923, c. 59, p. 112, § 33, emerg. eff. March 31, 1923.  Amended by Laws 1925, c. 63, p. 96, § 6, emerg. eff. April 6, 1925; Laws 1935, p. 56, § 2, emerg. eff. May 13, 1935; Laws 1987, c. 118, § 32, operative July 1, 1987; Laws 1994, c. 323, § 36, eff. July 1, 1994; Laws 1998, c. 374, § 3, eff. Nov. 1, 1998; Laws 2004, c. 523, § 11, emerg. eff. June 9, 2004.