Disqualifying Criminal History
Standards Related to Criminal History for Current Nursing Licensees and Certificate Holders, Applicants for Licensure or Certificates, and for Determination of Eligibility for Licensure or Certificates
485:10-11-4. Licensure or certification of individuals with criminal history
(c) All crimes listed in subsections (d) and (e) are as described in Titles 21, 47 and 63 of the Oklahoma Statutes. In addition, the Board recognizes and gives similar treatment to similar offenses charged in other jurisdictions.
(d) Felony convictions that disqualify an individual from retaining licensure or becoming licensed as a nurse, or retaining certification or becoming certified as an AUA in Oklahoma include:
(1) Crimes involving fraud, theft, lying and/or falsification. Robbery 21 O.S. § 791 et seq.
(2) Crimes involving sexual misconduct.
(A) Human Trafficking 21 O.S. § 748.
(B) Trafficking in children 21 O.S. § 866.
(C) Incest 21 O.S. § 885.
(D) Forcible sodomy 21 O.S. § 888.
(E) Indecent exposure, indecent exhibitions, obscene material or child pornography, solicitation of minors 21 O.S. § 1021.
(F) Procure, cause the participation of a minor in any child pornography, buys, or knowingly possesses, procures, manufactures, or causes to be sold or distributed child pornography 21 O.S. §§ 1021.2 and 1024.2
(G) Commercial sale or distribution of pornography 21 O.S. § 1040.13.
(H) Soliciting/offering sex with minor 21 O.S. § 1040.13a.
(I) Offering or transporting one under 18 for sex 21 O.S. § 1087.
(J) Child Prostitution – unlawful detainment in prostitution house 21 O.S. § 1088.
(K) Lewd or indecent proposals to minor, sexual battery of minor 21 O.S. § 1123.
(3) Crimes involving drugs and/or alcohol. Aggravated trafficking in subsection C of 63 O.S. § 2-415.
(4) Crimes involving threats, violence and/or harm to another individual.
(A) Assault, battery, or assault and battery with a dangerous or deadly weapon or by other means likely to produce death or great bodily harm 21 O.S. §§ 645 and 652.
(B) Aggravated assault and battery 21 O.S. § 646.
(C) Aggravated assault and battery on a law officer 21 O.S. § 650.
(D) Murder, first or second degree 21 O.S. §§ 701.7 and 701.8.
(E) Manslaughter, first degree 21 O.S. § 711.
(F) Kidnapping 21 O.S. § 741.
(G) Extortionate kidnapping 21 O.S. § 745.
(H) Child endangerment by permitting child abuse 21 O.S. § 852.1.
(I) Rape by instrumentation and Rape, first or second degree 21 O.S. §§ 1111.1 and 1114.
(J) Mistreatment of a mental patient, as provided for in 21 O.S. § 843.1.
(K) Abuse of a vulnerable adult as defined in 43A O.S. § 10-103.
(L) A felony involving domestic assault, domestic assault and battery, or domestic abuse as defined in Section 644 of Title 21 of the Oklahoma Statutes.
(M) Poisoning with intent to kill, as provided for in Section 651 of Title 21 of the Oklahoma Statutes.
(5) Crimes involving harm to property.
(A) Violation of Oklahoma Antiterrorism Act 21 O.S. §§ 1268 et seq.
(B) Arson, first degree 21 O.S. § 1401.
(C) Burglary, first degree 21 O.S. § 1431.
(e) Felony convictions that disqualify an individual from retaining licensure or becoming licensed as a nurse, or retaining certification or becoming certified as an AUA in Oklahoma if a conviction or plea of guilty or nolo contendere for which less than five (5) years has elapsed since the date of conviction, plea, or release from incarceration, whichever is later, include:
(1) Crimes involving fraud, theft, lying and/or falsification.
(A) Falsely personating another to gain money or property 21 O.S. § 1532.
(B) Identity theft 21 O.S. § 1533.1.
(2) Crimes involving sexual misconduct. Knowingly engaging in acts likely to spread Human Immunodeficiency Virus 21 O.S. § 1192.1.
(3) Crimes involving drugs and/or alcohol.
(A) Causing, aiding, abetting minor to commit controlled dangerous substance crimes 21 O.S. § 856.1.
(B) Drug trafficking 63 O.S. § 2-415.
(4) Crimes involving threats, violence and/or harm to another individual.
(A) Aggravated assault and battery on medical personnel with firearm or other dangerous weapon 21 O.S. § 650.5.
(B) Malicious intentional intimidation or harassment based on suspect classification 21 O.S. § 850.
(C) Desertion – abandonment of child under ten 21 O.S. § 851.
(D) Endangering or injuring a person during arson or attempt 21 O.S. § 1405.
(E) Failure to stop after fatal accident 47 O.S. § 10-102.1.
(F) Mingling poison, drugs, or sharp objects with food, drink 21 O.S. § 832.
(5) Crimes involving harm to property. Arson, second or third degree 21 O.S. §§ 1402, and 1403.
