Okla. Admin. Code § 310:234-11-3

Current through Vol. 42, No. 7, December 16, 2024

Section 310:234-11-3 - Administrative penalties

(a) The Department may assess administrative penalties as follows:

(1) Failure to obtain appropriate certification (i.e. performing Micropigmentation without a certificate), $5,000.00 per violation;

(2) Failure to observe procedures to prevent the transmission of a bloodborne pathogen, $500.00 per violation;

(3) Failure to maintain instruments used in medical micropigmentation in a sterile condition, $500.00 per violation;

(4) Failure to install and maintain appropriate facilities for handwashing, $500.00 per violation;

(5) Failure to maintain client records or monthly spore destruction test records, $500.00 per violation; or

(6) Demonstrating unprofessional conduct, which includes but is not limited to:

(A) Advertising to the public in any manner without the necessary certificate;

(B) Habitual intemperance or the habitual use of habit-forming drugs;

(C) All advertising of business in which statements are made which are grossly untrue or improbable and calculated to mislead the public;

(D) Conviction or confession of a crime involving violation of:

(i) The laws of this state, or

(ii) The Oklahoma Medical Micropigmentation Regulation Act or this Chapter;

(E) Failure to maintain an office record for each patient which accurately reflects the treatment of the patient;

(F) Fraud or misrepresentation in applying for or procuring a micropigmentation certificate;

(G) Cheating on or attempting to subvert the medical micropigmentation certification examination(s);

(H) Conduct likely to deceive, defraud, or harm the public;

(I) Practice or other behavior that demonstrates an incapacity or incompetence to practice medical micropigmentation; or

(J) Has been finally adjudicated and found guilty or entered a plea of guilty or nolo contendere to a felony crime as described Section 310:234-11-1(1) of this Chapter, whether or not sentence is imposed, and regardless of the pendency of an appeal, penalty of $500.00 for each violation above in section 310:234-11-3(6).

(b) Penalties shall double for repeat offenses.

(c) Continued non-compliance shall result in administrative action to revoke the certification or to order the person to cease violating the law.

(d) Each day an offense occurs shall be considered a separate of offense.

Okla. Admin. Code § 310:234-11-3

Added at 19 Ok Reg 378, eff 11-19-01 (emergency); Added at 19 Ok Reg 2067, eff 6-27-02

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023