Okla. Admin. Code § 140:3-3-5

Current through Vol. 42, No. 1, September 16, 2024

Section 140:3-3-5 - Determination of penalties

Whenever the Board finds a chiropractic physician guilty of a violation in an individual proceeding, the Board may consider the following factors in its determination of a penalty to be imposed against said chiropractic physician:

(1)Consequences to the public. If potential or actual damage to the health, safety or welfare of the general public is more likely than not to occur as a result of acts or omissions by the licensee, the Board may impose a more severe punishment than if such damage is less likely to occur.

(2)Consequences to the patient. If potential or actual damage to the health, safety, or welfare of the patient on whose behalf the complaint is brought is more likely than not to occur as a result of acts or omissions by the licensee, the Board may impose a more severe punishment than if such damage is less likely to occur.

(3)Intent. If it is evident from the facts presented that the violation committed by the licensee was intentional, the Board may impose a more severe punishment than if it is not so evident; provided that such violation may be deemed by the Board to be intentional on the part of the licensee if the violation:

(A) occurred as the result of negligence on the part of the licensee; or

(B) was part of a pattern of extreme or ongoing carelessness as to be without regard for the health, safety or welfare of the general public or a patient; or

(C) violated the principles of the Chiropractic Code of Ethics.

(4)Negligence. If the violation committed by the licensee resulted from negligence on the part of licensee, but was not so gross, or was not the result of such carelessness, as to meet the test of (3) of this subsection, the Board may impose a less severe punishment than would be the case if the negligence met such a test.

Okla. Admin. Code § 140:3-3-5

Added at 11 Ok Reg 4559, eff 8-25-94